Agenda Document Pack - Moray Local Review Body - 15/08/2024
Moray Council · 15 August 2024
Back to Moray Local Review Body — 15 August 2024 and its agenda
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Moray Local Review Body Thursday, 15 August 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, 15 August 2024 at 09:30. BUSINESS 1 Sederunt 2 Declaration of Group Decisions and Members Interests * 3 Minute of meeting dated 16 May 2024 5 - 10 4 LR303 - Ward 7 - Elgin City South Planning Application 24/00160/APP – Erect car port 32 Muirfield Road, Elgin, IV30 6DE 11 - 68 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. Page 1
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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 Paul McBain (Member) Councillor Draeyk van der Horn (Member) Councillor Sonya Warren (Member) Councillor Ben Williams (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, 16 May 2024 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Draeyk van der Horn, Councillor Sonya Warren IN ATTENDANCE Mr A Miller and Mrs L MacDonald, Senior Planning Officers as Planning Advisers, Mr S Hoath, Senior Solicitor as Legal Adviser and Mrs L Rowan, Committee Services Officer as Clerk to the Meeting. 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 14 March 2024 The Minute of the meeting dated 14 March 2024 was submitted and approved. 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 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: 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 (MLDP) 2020 and National Planning Framework 4 (NPF4) for the following reasons: Item 3 Page 5
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i) The proposals seek to form a new access onto the A96(T) road which is not permitted by MLDP 2020 Policy PP3. ii) 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. iii) 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 The Summary of Information Report set out the reasons for refusal, including the documents considered or prepared by the Appointed Officer regarding the planning application. It also included 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, the Legal Adviser advised that he had nothing to raise at this time. Mr Miller, Planning Adviser advised that, following the site visit, Members had queried the dimensions of the garden and confirmed that the depth of the garden was 4.5 metres and not 4.6 metres as stated in the plan. In relation to parking standards referenced in the case, he noted that this was stated as being 2.5 m x 5 m however, whilst this is correct, with regard to driveways, the MLDP refers to national development guidelines which state that the minimum should be 5.5 m deep and 3 m wide. Mr Miller further confirmed that Transport Scotland had objected to the application therefore if the MLRB were minded to uphold the appeal, Transport Scotland would require to be notified of the MLRB’s intention, and any decision may be subject to call-in by the Scottish Ministers. This was noted. The Chair then asked the Moray Local Review Body (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 Keith, being familiar with the site and having viewed it himself prior to the meeting, moved that the MLRB uphold the original decision of the Appointed Officer and refuse the appeal as it was clear that the proposal is contrary to NPF4 policies 13 (Sustainable Transport) and 18 (Infrastructure First) and MLDP 2020 policies PP3 (Infrastructure and Services), DP1 (Development Principles). There being no-one otherwise minded, the MLRB agreed to uphold the original decision of the Appointed Officer and refuse the appeal as the proposal is contrary to NPF4 policies 13 (Sustainable Transport) and 18 (Infrastructure First) and MLDP 2020 policies PP3 (Infrastructure and Services), DP1 (Development Principles). Page 6
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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 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: 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 Nation Planning Framework 4 (NPF4) Policies 26 b) and 14 c) and Moray Local Development Plan (MLDP) 2020 Policies DP1 (i) a) and PP2. The Summary of Information Report set out the reasons for refusal, including the documents considered or prepared by the Appointed Officer regarding the planning application. It also included 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 Moray Local Review Body (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 visited the site and considered the case in detail, was of the view that the proposal complies with NPF4 policy 14 (Design, Quality and Place) and MLDP 2020 Policy PP2 (Sustainable Economic Growth) and was an acceptable departure from NPF4 Policy 26b) (Business and Industry) and MLDP 2020 Policy DP1 (Development Principles) taking into consideration the suggested conditions from the Transportation Service in relation to the required access and parking specification should the planning application be approved and moved that the MLRB uphold the appeal and grant planning permission in relation to Planning Application 23/01971/APP for this reason. Councillor Keith seconded this. During further discussion, concern was raised in relation to the Planning Service being unable to practically or effectively enforce any planning conditions which would seek to restrict the operation of the hair salon to the hours, days and numbers of clients identified by the applicant. In response, Mrs MacDonald, Planning Adviser advised that, whilst it was not possible to enforce conditions in relation to operation, if the MLRB were minded, Page 7
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they could add a condition to reflect that the proposal be restricted for use as a hair salon. After considering this advice from the Planning Adviser, both Councillors Dunbar and Keith agreed to add this to their motion adding that this be restricted further by only residents of the property working in the hair salon. Councillor van der Horn having considered the case in detail agreed with the original decision of the Appointed Officer to refuse the planning application as it is contrary to NPF4 Policies 26b) (Business and Industry) and 14c) (Design, Quality and Place) and MLDP 2020 Policies DP1 (i) a) (Development Principles) and PP2 (Sustainable Economic Growth) and moved that the MLRB refuse the appeal and uphold the original decision of the Appointed Officer for those reasons. Councillor Harris seconded this. On a division there voted: For the Motion (4): Councillors Dunbar, Keith, Macrae and McBain For the Amendment (4): Councillors van der Horn, Harris, Cameron and Warren Abstentions (0): Nil There being an equality of votes and in terms of Standing Order 63e) the Chair, having the casting vote, cast this is favour of the Motion. Accordingly, the Motion became the finding of the meeting and the MLRB agreed to uphold the appeal and grant planning permission in relation to Planning Application 23/01971/APP as the proposal complies with NPF4 policy 14 (Design, Quality and Place) and MLDP 2020 Policy PP2 (Sustainable Economic Growth) and is and acceptable departure from NPF4 Policy 26b) (Business and Industry) and MLDP 2020 Policy DP1 (Development Principles) taking into consideration the suggested conditions from the Transportation Service in relation to the required access and parking specification, subject to: • a condition to ensure the use of the property is for a hair salon with only residents of the property working there; and • the suggested conditions from the Transportation Service in relation to the required access and parking specification. 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 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: The proposal is contrary to policies 14 and 26 of the National Planning Framework 4 (NPF4) and policies PP2 and DP1 of the Moray Local Development Plan (MLDP) 2020 for the following reasons: Page 8
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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. The Summary of Information Report set out the reasons for refusal, including the documents considered or prepared by the Appointed Officer regarding the planning application. It also included 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 Moray Local Review Body (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. During discussion, it was queried whether the MLRB could add a condition to stipulate how long the business could operate, should the MLRB be minded to uphold the appeal and grant planning permission. In response, Mrs MacDonald, Planning Adviser advised that, should the MLRB be minded to grant planning permission, then a condition could be added to reflect that this consent is temporary up to 5 years, as determined by the MLRB. Councillor van der Horn, having considered the case in detail, understood that the proposal would enable the applicant to continue to work in spite of her poor health and that, whilst health and wellbeing were not material planning considerations, he was of the view that the proposal complies with NPF4 policies 14 (Design, Quality and Place) and 26 (Business and Industry) and MLDP 2020 policies PP2 (Sustainable Economic Growth) and DP1 (Development Principles) and moved that the MLRB uphold the appeal and grant planning permission in relation to Planning Application 23/01822/APP for these reasons. Councillor Warren agreed with Councillor van der Horn however queried whether a condition could be added that this consent is temporary for 5 years. In response, Councillor van der Horn agreed to add this to his motion. There being no-one otherwise minded, the MLRB agreed to uphold the appeal and grant planning permission in respect of Planning Application 23/01822/APP as the proposal complies with NPF4 policies 14 (Design, Quality and Place) and 26 (Business and Industry) and MLDP 2020 policies PP2 (Sustainable Economic Growth) and DP1 (Development Principles) with a condition that the consent be temporary for 5 years. Page 9
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MORAY LOCAL REVIEW BODY 15 AUGUST 2024 SUMMARY OF INFORMATION FOR CASE No LR303 WARD 7 – ELGIN CITY SOUTH Planning Application 24/00160/APP – Erect car port 32 Muirfield Road, Elgin, IV30 6DE Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 28 March 2024 on the grounds that: The proposed car port does not comply with the National Planning Framework 4 Policy 14 - Design, Quality & Place and Policy 16 - Quality Homes as well as Moray Local Development Plan Policy DP1 - Development Principles as it would create an incongruous feature on the principal elevation of a mid-terrace house in an area where there are no buildings/structures that sit to the front of houses. The proposal therefore would appear out of place and be detrimental to the established character of the surrounding 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 in response to the Notice of Review. Item 4 Page 11
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Muirfield Court 30.7m 32.2m 19.1m BIRNIE PLACE MUIRFIELD ROAD 115 MUIRFIELD CRESCENT LAND STREET 7 1 74 14 13 8 139 47 77 65 105 26 62 64 54 60 52 37 101 1012 59 5 89 135 51 141 143 27 40 15 2 44 41 49 4 80 9 40 65 77 51 MUIRFIELD ROAD 52 14 1 65 26 7 1 5 27 Planning Application Reference Number: 24/00160/APP LOCATION PLAN 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 I 1:1,250 Page 13
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 15
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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 100609913-006 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. 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 Erect car port Page 17
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Page 2 of 5 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 Mr Colin Graham Keir Calder Main Street Muirfield Road 32 Plans Plus Offices 01343 842635 IV30 8LG IV30 6DE Moray United Kingdom By Elgin Moray Urquhart Elgin ctkplans@aol.com ctkplans@aol.com Page 18
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Page 3 of 5 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Trees Are there any trees on or adjacent to the application site? * Yes No If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if any are to be cut back or felled. Access and Parking Are you proposing a new or altered vehicle access to or from a public road? * Yes No If yes, please describe and show on your drawings the position of any existing, altered or new access points, highlighting the changes you proposed to make. You should also show existing footpaths and note if there will be any impact on these. Planning Service Employee/Elected Member Interest Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an Yes No elected member of the planning authority? * 32 MUIRFIELD ROAD Moray Council ELGIN IV30 6DE 861384 321839 Page 19
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Page 4 of 5 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: Mr Graham Calder Date: 30/01/2024 Please tick here to certify this Certificate. * Page 20
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Page 5 of 5 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: 30/01/2024 Page 21
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CLIENT SCALE DRAW N BY DATE PROJECT No PROJECT NO W ORKS TO COMMENCE ON SITE UNTIL THE RELEVANT PLANNING, BUILDING W ARRANT OR GRANT APPROVAL HAS BEEN OBTAINED CONTRACTORS W ILL HAVE DEEMED TO HAVE VISITED THE SITE TO FAMILIARIZE THEMSELVES W ITH THE PROJECT PRIOR TO SUBMITTING ANY ESTIMATE FOR BUILDING W ORKS CROW N 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 W ORKS 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 Polycarbonate roof sheeting on 50x50mm tww purlins at 1.0m c/c on 147x45mm tww joists at max 600mm c/c fixed each end with ms gal truss clips to 100x50mm tww wallplate bolted to RHS beams Car port structural frame formed with 150x100 RHS beams supported by bolting against house at inner end and by 100x100 SHS posts at outer end, with 100x100 SHS crossbar between to prevent lateral movement. Uprights bolted down onto 500x500x500mm concrete pad foundations Side elevation 1:50 Front elevation 1:50 Side elevation 1:50 Site plan 1:200 Floor plan 1:50 Roof plan 1:50 Cross section 1:50 Eaves detail 1:10 Location plan 1:2500 Mr G Calder 1:50 IR Dec 2023 Proposed car port at 32 Muirfield Road New Elgin, IV30 6DE 22-04 150x100mm RHS beam 150x100mm RHS beam 150x100mm RHS beam 100x100 SHS 100x100 SHS 100x100 SHS lateral beam RHS beam with end plate rawl bolted to ex blockwork house wall RHS beam with end plate rawl bolted to ex blockwork house wall 0 5 10 15metres Page 23
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Consultee Comments for Planning Application 24/00160/APP Application Summary Application Number: 24/00160/APP Address: 32 Muirfield Road Elgin Moray IV30 6DE Proposal: Erect car port Case Officer: Sheila Bernard 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 28
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Consultation Request Notification Planning Authority Name Moray Council Response Date 14th February 2024 Planning Authority Reference 24/00160/APP Nature of Proposal (Description) Erect car port Site 32 Muirfield Road Elgin Moray IV30 6DE Site Postcode N/A Site Gazetteer UPRN 000133028838 Proposal Location Easting 321839 Proposal Location Northing 861384 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=S8466NBGMQ500 Previous Application 22/01849/APP Date of Consultation 31st January 2024 Is this a re-consultation of an existing application? No Applicant Name Mr Graham Calder Applicant Organisation Name Applicant Address 32 Muirfield Road Elgin Moray IV30 6DE 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 Sheila Bernard Case Officer Phone number Case Officer email address sheila.bernard@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: Page 30
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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 31
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 24/00160/APP Erect car port 32 Muirfield Road Elgin Moray IV30 6DE for Mr Graham Calder 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 for the erection of a car port within the existing driveway of a property and would essentially provide a cover over the one existing car parking space. Although Transportation has no objections to the proposed car port it should be highlighted that the car port would appear to be too short to fully accommodate a vehicle, and likely resulting in part of the vehicle remaining outwith the covered area (but still within the driveway). 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: 05 February 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 32
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Comments for Planning Application 24/00160/APP Application Summary Application Number: 24/00160/APP Address: 32 Muirfield Road Elgin Moray IV30 6DE Proposal: Erect car port Case Officer: Sheila Bernard Customer Details Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: - Affecting natural environment - Drainage - Height of proposed development - Litter - Loss of privacy (being overlooked) - Noise - Reduction of natural light - Smell - View affected Comment:This Building will block out all light and any view from livingroom window from the joining property Also excess water cascading from building roof could be a problem into Garden at Muirfield road has a problem with seagulls nesting would this building invite more seagulls to nest creating a bigger noise and mess at my property. This building will also look out of place on the whole street. Page 34
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REPORT OF HANDLING Ref No: 24/00160/APP Officer: Sheila Bernard Proposal Description/ Address Erect car port 32 Muirfield Road Elgin Moray IV30 6DE Date: 27.03.2024 Typist Initials: LMC 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 01/02/24 No objections Transportation Manager 05/02/24 No objections, informatives DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) NPF1 - Tackling the Climate N NPF2 - Climate mitigation and adaptation N NPF3 - Biodiversity N NPF14 - Design, quality and place Y NPF16 - Quality homes Y NPF22 - Flood risk N DP1 Development Principles Y EP12 Management and Enhancement Water N 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. Page 36
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Page 2 of 4 Summary and Assessment of main issues raised by representations Issue: Loss of natural daylight. Comments (PO): As the structure will have no walls, given its pushed back position it will have no detrimental impact on loss of daylight to either of the neighbouring properties. Issue: Drainage. Comments (PO): Given that the proposed roof area is below 25sqm there is no requirement for a drainage statement and the drainage will be dealt with by the existing drainage system. Issue: Loss of privacy(overlooking). Comments (PO): There will be no aspect of overlooking from the development. Issue: Noise, smell, litter (seagulls). Comments (PO): The objector has commented that the area has an issue with seagulls and worried about an increase in noise, smell, and litter from this due to the increase in roofspace. While we will make every effort to ensure new development does not cause these issues, unfortunately seagulls are not necessarily able to be controlled through the planning system. Issue: Affecting natural environment, out of place within the street. Comments (PO): The proposal will look out of place within the street and will be an incongruous feature, given that there are no other mid terrace car ports within the surrounding area. The proposal is contrary to NPF4 and MLDP Planning Policy as set out in the report below. OBSERVATIONS – ASSESSMENT OF PROPOSAL 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 (NPF) and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The main planning issues are considered below: Proposal The proposal is for the construction of a car port within the front garden grounds of the property at 32 Muirfield Road in Elgin. The proposed car port will extend from the principal elevation by approximately 5m x 3m in width. The car port will be attached to the exterior of the property and will be constructed with timber beams in each corner with no walls and a clear polycarbonate roof. The roof will be mono pitched and will measure 2.8m high at the eaves of the highest side. Site The site is located within the front garden grounds of the mid terrace property at 32 Muirfield Road In Elgin. There are neighbouring properties to either side and to the rear. The property is bound by the public road to the south-east. Page 37
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Page 3 of 4 Siting and Design (NPF4 Policy 14; MLDP Policy DP1) NPF4 Policy 14 Design Quality and Place seek to promote, encourage and facilitate well designed development. NPF4 Policy 16 Quality Homes and MLDP 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. The proposals as described above would be the only car port sited to the front of the building line of the surrounding area, why is characterised by terraced properties. There are other car ports within the surrounding area, but these are typically designed as a lean-to style on the side elevation of their properties. There are no other structures, be it carports, garages or sheds to the front of houses in the surrounding area. As a result, the proposed car port would be out of place, disrupting this established pattern of development and would be an incongruous feature detrimental to the character of the surrounding area, which is characterised by open front gardens. The design and positioning would ensure that there would be no unreasonable adverse impact on the loss of daylight to any neighbouring properties. Given its use as a car parking area there will be no impact on neighbouring properties in regard to privacy or overlooking. Therefore, in regard to neighbouring amenity the proposals comply with NPF4 Policy 16 and MLDP Policy DP1. However, this is separate from and does not override the unacceptable siting impact of the development as contrary to the requirements of NPF4 Policy 14, 16 and MLDP Policy DP1. Tackling Climate Crisis (NPF4 Policy 1, 2 and 3) The proposal is for a small-scale development on an already-developed site and would have minimal impacts on the climate crisis. As such, the NPF4 Policies 1 Tackling the Climate and Nature Crisis and 2 Climate Mitigation and Adaptation do not hold significant consideration for this application. Notwithstanding NPF4 Policy 3 Biodiversity, biodiversity enhancement would not be commensurate with the scale of this development in this location so the proposal would not deviate from this policy. Drainage and Flood Risk (NPF4 Policy 22 and MLDP DP1, EP12) NPF Policy 22, MLDP Policy EP12 and supplementary guidance on flooding/drainage require an extension of 25sqm and over be submitted with a drainage impact assessment to ensure that surface water drainage is dealt with in a sustainable manner. As the proposed car port is significantly smaller than 25sqm there is no requirement for a drainage impact assessment. As such the proposals comply with NPF4 Policy 22 and MLDP DP1 and EP12. This is separate from and does not override the unacceptable siting impact of the development as contrary to the requirements of NPF4 Policy 14, 16 and MLDP Policy DP1. Access/Parking (NPF4 Policy 13 and MLDP Policy DP1(iii)) NPF4 Policy 13 and MLDP Policy DP1(iii) requires that all development should provide a safe and adequate access, visibility splays, as well as sufficient parking and turning. The Transport Manager was consulted and although had no objections to the proposal, commented that the car port appears to be too short to fully cover a vehicle. As such the proposals comply with NPF4 Policy 13 and MLDP Policy DP1 ((iii)). This is separate from and does not override the unacceptable siting impact of the development as contrary to the requirements of NPF4 Policy 14, 16 and MLDP Policy DP1. Recommendation It is recommended that this application be refused. Page 38
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Page 4 of 4 OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None HISTORY Reference No. Description Erect free standing car port 32 Muirfield Road Elgin Moray IV30 6DE 22/01849/APP Decision Refuse Date Of Decision 08/03/23 ADVERT Advert Fee paid? N/A Local Newspaper Reason for Advert Date of expiry 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? NO Summary of main issues raised in each statement/assessment/report Document Name: Main Issues: 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 39
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(Page 2 of 2) Ref: 24/00160/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 proposed car port does not comply with the National Planning Framework 4 Policy 14 - Design, Quality & Place and Policy 16 - Quality Homes as well as Moray Local Development Plan Policy DP1 - Development Principles as it would create an incongruous feature on the principal elevation of a mid-terrace house in an area where there are no buildings/structures that sit to the front of houses. The proposal therefore would appear out of place and be detrimental to the established character of the surrounding area. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 22-04 Elevations and site plan 22-04 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 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 42
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 43
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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 100676446-001 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. 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 45
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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 Mr 32 MUIRFIELD ROAD Graham Moray Council Calder Muirfield Road 32 ELGIN IV30 6DE IV30 6DE UK 861384 Moray 321839 New Elgin ctkplans@aol.com Page 46
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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) See separate sheet. See separate sheet Page 47
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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 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 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. Main drawing. Refusal notice Photographs x 11 Map identifying extension locations Supporting statement 24/00160/APP 28/03/2024 13/01/2024 Page 48
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Page 5 of 5 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: 25/06/2024 Page 49
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CLIENT SCALE DRAW N BY DATE PROJECT No PROJECT NO W ORKS TO COMMENCE ON SITE UNTIL THE RELEVANT PLANNING, BUILDING W ARRANT OR GRANT APPROVAL HAS BEEN OBTAINED CONTRACTORS W ILL HAVE DEEMED TO HAVE VISITED THE SITE TO FAMILIARIZE THEMSELVES W ITH THE PROJECT PRIOR TO SUBMITTING ANY ESTIMATE FOR BUILDING W ORKS CROW N 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 W ORKS 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 Polycarbonate roof sheeting on 50x50mm tww purlins at 1.0m c/c on 147x45mm tww joists at max 600mm c/c fixed each end with ms gal truss clips to 100x50mm tww wallplate bolted to RHS beams Car port structural frame formed with 150x100 RHS beams supported by bolting against house at inner end and by 100x100 SHS posts at outer end, with 100x100 SHS crossbar between to prevent lateral movement. Uprights bolted down onto 500x500x500mm concrete pad foundations Side elevation 1:50 Front elevation 1:50 Side elevation 1:50 Site plan 1:200 Floor plan 1:50 Roof plan 1:50 Cross section 1:50 Eaves detail 1:10 Location plan 1:2500 Mr G Calder 1:50 IR Dec 2023 Proposed car port at 32 Muirfield Road New Elgin, IV30 6DE 22-04 150x100mm RHS beam 150x100mm RHS beam 150x100mm RHS beam 100x100 SHS 100x100 SHS 100x100 SHS lateral beam RHS beam with end plate rawl bolted to ex blockwork house wall RHS beam with end plate rawl bolted to ex blockwork house wall 0 5 10 15metres Page 66
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