Agenda Document Pack - Moray Local Review Body - 16/06/2022
Moray Council · 16 June 2022
Back to Moray Local Review Body — 16 June 2022 and its agenda
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Moray Local Review Body Thursday, 16 June 2022 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 June 2022 at 09:30. BUSINESS 1 Sederunt 2 Declaration of Group Decisions and Members Interests * 3 Minute of Meeting dated 31 March 2022 5 - 8 4 LR273 - Ward 2 - Keith and Cullen Planning Application 21/01784/APP – Enlarge window and form new window at 17 Harbour Place, Portknockie, Buckie, Moray 9 - 54 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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Any person wishing to attend the meeting should contact customer services on 01343 563217 prior to the meeting as the number of attendees is restricted due to the recent Covid pandemic You can however watch the webcast of the meeting by going to : http://www.moray.gov.uk/moray_standard/page_43661.html 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. *** Question Time - At each ordinary meeting of the Committee ten minutes will be allowed for Members questions when any Member of the Committee can put a question to the Chair on any business within the remit of that Section of the Committee. 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 ten minutes after the Committee 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/she can submit it in writing to the proper officer who will arrange for a written answer to be provided within seven working days. Page 3
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THE 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 Neil McLennan (Member) Councillor Derek Ross (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, 31 March 2022 Various Locations via Video-Conference PRESENT Councillor David Bremner, Councillor Gordon Cowie, Councillor Donald Gatt, Councillor Louise Nicol, Councillor Laura Powell, Councillor Amy Taylor APOLOGIES Councillor Aaron McLean, Councillor Ray McLean, Councillor Derek Ross IN ATTENDANCE Ms Webster, Principal Planning Officer (Strategic Planning and Development) Mrs Gordon and Mr Henderson, Planning Officer as Planning Advisers, Mr Hoath, Senior Solicitor as Legal Adviser and Mrs Rowan, Committee Services Officer as Clerk to the Moray Local Review Body. 1 Chair Councillor Taylor, being Chair of the Moray Local Review Body, chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Order 20 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 24 February 2022 The Minute of the meeting of the Moray Local Review Body dated 24 February 2022 was submitted and approved. 4 LR271 - Ward 3 - Buckie Planning Application 21/01271/PPP – Erect dwelling house on site at Newlands Lane/rear of 68 East Church Street, Buckie 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 in principle on the grounds that: Item 3 Page 5
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The proposed development is contrary to Policy DP1 Development Principles of the adopted Moray Local Development Plan (MLDP) 2020 for the following reasons: 1. The proposal involves sub division of the plot associated with 68 East Church Street Buckie, and falls short of the minimum plot size of 400 square metres required by the policy; and 2. The proposed site does not reflect the character and appearance of the surrounding area due to its limited size and narrow frontage which does not reflect the density and layout of the surrounding area. 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 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, the MLRB acknowledged that the proposal would improve the site and was in keeping with similar properties in Buckie however, in terms of the MLDP policy DP1 (Development Principles) the site was too small for the proposal therefore the MLRB unanimously agreed to refuse planning permission in principle in respect of Planning Application 21/01271/PPP. 5 LR272 - Ward 2 - Keith and Cullen Planning Application 21/00059/APP – Demolish existing store and erection of dwellinghouse at Store, Seatown, Cullen Buckie 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: 1. The proposal would be contrary to policies PP1, PP3, DP1, DP2 and EP9 of the Moray Local Development Plan (MLDP) 2020 and associated guidance contained within the Cullen Conservation Area Character Appraisal for the following reasons: 2. The proposed development by virtue of the unsympathetic design detailing would have an adverse impact on the character and appearance of what is an exceptionally prominent site on the frontage of the Cullen Conservation Area. 3. Furthermore the applicants have failed to provide 3 car parking spaces, which if the development were permitted, would be likely to give rise to conditions detrimental to the road safety of road users. The lack of an EV charging point within the site is a matter which should be easily overcome, Page 6
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however, failure to provide this as part of the proposals results in a further reason for refusal on this basis. 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 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. Following consideration, the MLRB unanimously agreed to refuse planning permission in respect of Planning Application 21/00059/APP as the proposal is contrary to policies PP1 (Placemaking), PP3 (Infrastructure and Services), DP1 (Development Principles), DP2 (Housing) and EP9 (Conservation Areas) of the MLDP 2020 and associated guidance contained with the in the Cullen Conservation Area Character Appraisal. Page 7
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MORAY LOCAL REVIEW BODY 16 JUNE 2022 SUMMARY OF INFORMATION FOR CASE No LR273 Planning Application 21/01784/APP – Enlarge window and form new window at 17 Harbour Place, Portknockie, Buckie, Moray Ward 2 – Keith and Cullen Planning permission was refused under the Statutory Scheme of Delegation by the Appointed Officer on 29 March 2022 on the grounds that: The proposal is contrary to the Moray Local Development 2020 Policies: Policy EP9 Conservation Areas and related Replacement Windows and Doors Guidance, Policy EP3 part b Special Landscape Character, and Policy DP1 Development Principles because: The proposed UPVC windows which would be located on a prominent public gable are not considered to preserve or enhance the traditional character or appearance of the Conservation Area. The presence of additional UPVC units on this prominent public gable would further erode the traditional sense of place of the Portknockie Outstanding Conservation Area. The proposal therefore fails to comply with current policy requirements, the application is therefore refused. 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. There were no interested parties. Item 4 Page 9
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1 3 2 86 79 5 4 PW Harbour Place ESS Club Hall Posts 38.4m 33.0m 26.1m 27.7m 28.8m 30.5m 33.5m 34.6m 41.0m 38.9m 40.3m Stages Bollard Shingle Bollards Rock Landing Slipway Youth Lasgie B 9021 Mean Low Path (um) Coastal Slope House W ater Springs 13 21 23 10 19 15 14 32 18 24 27 16 12 30 22 25 17 20 MID STREET DOVER STREET 11 HIGH STREET GORDON STREET SEAFORTH STREET PATROL PLACE PATROL ROAD HARBOUR ROAD Blantyre Place CHURCH STREET HARBOUR TERRACE PULTENEY STREET 9 to 11 5 4 2 4 24 10 1 15 10 2 2 6 4 9 1 5 16 3 Path (um) 7 13 Path (um) 6 5 13 6 10 3 PW 3 10 15 3 7 11 16 19 9 11 105 7 2 15 8 1 18 14 2 14 1 1 2 1 3 3 3 1 7 9 15 3 2 8 7 5 5 10 2 8 4 6 7 13 3 10 14 Location plan for Planning Application Reference Number : 21/01784/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 2022 Page 11
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APPENDIX 1 DOCUMENTS CONSIDERED OR PREPARED BY THE APPOINTED OFFICER Page 13
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REPORT OF HANDLING Ref No: 21/01784/APP Officer: Shona Strachan Proposal Description/ Address Enlarge window and form new window at 17 Harbour Place Portknockie Buckie Moray Date: 25.03.2022 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 DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) DP1 Development Principles Y EP8 Historic Environment Y EP3 Special Landscape Areas 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 Requirements Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the development plan i.e. the adopted Moray Local Development Plan 2020 (MLDP) unless material Page 31
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Page 2 of 4 considerations indicate otherwise. The main planning issues are considered below: Proposal Planning permission is sought to enlarge an existing window and form new window opening at 17 Harbour Place Portknockie. The proposed windows which are the subject of this application would be located on the northern gable end of the property. There are currently two UPVC window openings on this gable, a first floor window which is to be unaltered by this proposal and an existing ground floor window opening which is to be enlarged and finished with a UPVC frame. The new window opening will be located on the ground floor and would match the dimensions of the proposed enlarged window and again is to be finished with a UPVC frame. The rest of the property has UPVC windows and door(s) throughout. Site The property is located at 17 Harbour Place Portknockie which is a traditional property in the Portknockie Outstanding Conservation Area. The gable of the property fronts onto the public road (Harbour Road) which is the main public vantage point to the site and is one of the key coastal roads in the town. The whole of Portknockie falls within the "Portgordon to Cullen Coast" Special Landscape Area. Policy Assessment Impact of the Development on the site and its surrounds Policy EP9 Conservation Areas Replacement Windows and Doors Guidance Policy EP3 part b Special Landscape Character Policy DP1 Development Principles Policy EP9 Conservation Areas requires that all development within a Conservation Area preserves and enhances the traditional character or appearance of the area. The policy advises that alterations will be refused where they adversely affect the character and appearance in terms of scale, height, massing, colour, materials and siting, explaining that this will typically require the use of traditional materials and style. For replacement windows and doors the policy states that for unlisted buildings within conservation areas replacement windows must match the original windows in terms of proportions and appearance and shall open in a traditional sash manner or be in the form of casements whichever is appropriate. The use of UPVC windows may be deemed acceptable if it is of an appropriate traditional style and not located on a principal elevation or on an elevation on a public view. However the fundamental test will be whether the replacement will have a detrimental effect on the character of the building and/or the conservation area. The justification for the policy explains that unlisted buildings within a conservation area can have a significant townscape value and make a valuable contribution to the overall character of the area. In order to support application for windows and doors on heritage buildings, Moray Council has produced specific advice "Replacement Windows and Doors Guidance" which is a material consideration in decision making for such cases and advises that UPVC windows have an adverse impact upon the character and or appearance of the Conservation Area and that as a result the Council will not support the use of UPVC windows on principal or public elevations within the Conservation Area. Page 32
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Page 3 of 4 Policy EP3 part B applies to urban areas that fall within a defined Special Landscape Area and advises that proposal must reflect the traditional settlement character in terms of siting and Design. Policy DP1 advises that all development must be of a scale, density and character that is appropriate to the site and its surrounds contributing to the sense of place of the locality. Part d of the policy also advises that development must conserve and enhance the [natural and] and built environment. In this case, the application site is a traditional property in the Portknockie Conservation Area. The proposal relates to the gable of the property which fronts onto the public road (Harbour Road) which is the main public vantage point to the site. It is also noted that Harbour Road is one of the key coastal roads in the town with these siting aspects in mind the site has a prominent and public location within the Portknockie Outstanding Conservation Area. Taking account of current local plan policies (as set out above); Policy EP9 seeks to preserve and enhance the traditional character and appearance of the area and the policy is clear that UPVC windows will only be accepted where they are not located on a principle elevation or on an elevation on a public view. This position is also echoed in the "Replacement Windows and Doors Guidance". In this policy context, the presence of existing UPVC windows does not give sufficient material weight to depart against a policy requirement to preserve or enhance the conservation area, particularly given the prominent and public location of the site. The addition of further UPVC to this gable end would further erode the traditional character and appearance of the dwelling and be detrimental to the character and appearance of the Portknockie Outstanding Conservation Area. As a result the proposal also fails to reflect the traditional settlement character in terms of siting and Design as required by policy EP3 part b and would further erode the traditional sense of place of the Portknockie Conservation Area which is contrary to the provisions set out in policy DP1. Conclusion and Recommendation The proposed windows which would be located on a prominent public gable are not considered to preserve or enhance the traditional character or appearance of the Conservation Area. The presence of additional UPVC windows on this prominent public gable would further erode the traditional sense of place of the Portknockie Outstanding Conservation Area. The proposal therefore fails to comply with current policy requirements. On this basis the application is refused. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT Moray Council Advice entitled “Replacement Windows and Doors Guidance”. HISTORY Reference No. Description Decision Date Of Decision Page 33
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Page 4 of 4 ADVERT Advert Fee paid? Yes Local Newspaper Reason for Advert Date of expiry Banffshire Advertiser and Herald Departure from development plan 21/02/22 PINS Departure from development plan 21/02/22 Banffshire Advertiser and Herald Planning application affecting LB/CA 14/01/22 PINS Planning application affecting LB/CA 14/01/22 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: Harbour Place Proposed Window Alterations To Number 17 Harbour Place, Portknockie Main Issues: Provides comments in support of the application for UPVC windows advising that there are many properties in Portnockie with UPVC windows or conservatories and the application should therefore be supported. 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 34
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(Page 2 of 3) Ref: 21/01784/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 Moray Local Development 2020 Policies: Policy EP9 Conservation Areas and related Replacement Windows and Doors Guidance, Policy EP3 part b Special Landscape Character, and, Policy DP1 Development Principles because: The proposed UPVC windows which would be located on a prominent public gable are not considered to preserve or enhance the traditional character or appearance of the Conservation Area. The presence of additional UPVC units on this prominent public gable would further erode the traditional sense of place of the Portknockie Outstanding Conservation Area. The proposal therefore fails to comply with current policy requirements, the application is therefore refused. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 2021.PIRIE.001 Location plan 2021.PIRIE.002 Block plan 2021.PIRIE.003 Ground floor plan 2021.PIRIE.004 Front elevation 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 36
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(Page 3 of 3) Ref: 21/01784/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 37
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 39
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