Agenda Document Pack - Moray Local Review Body - 17/08/2023
Moray Council · 17 August 2023
Back to Moray Local Review Body — 17 August 2023 and its agenda
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Moray Local Review Body Thursday, 17 August 2023 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, 17 August 2023 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of Meeting dated 15 June 2023 5 - 10 4. LR290 - Ward 7 - Elgin City South Planning Application 22/01849/APP – Erect free standing car port at 32 Muirfield Road, Elgin 11 - 64 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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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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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 Derek Ross (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, 15 June 2023 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 Derek Ross, Councillor Draeyk Van Der Horn, Councillor Sonya Warren IN ATTENDANCE Mr A Miller, Senior Planning Officer and Miss K Donnachie, Planning Officer as Planning Advisers, Mr S Hoath, Senior Solicitor and Mrs J Smith, Solicitor as Legal Advisers and Mrs L Rowan and Mrs L Robinson, Committee Services Officers as Clerks to the Committee. 1 Chair Councillor Macrae, being Chair of the Moray Local Review Body (MLRB), 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 20 April 2023 The Chair presented the Minute of the meeting dated 20 April 2023 for approval noting that the agenda stated 15 June 2023 however this was an error. The Chair further stated that during discussion of Case LR283, Mrs MacDonald, Senior Planning Officer had advised that the fence should be no more than a height of 1 metre when it fact, policy states that it should be no more than 0.6 metre high, however the minute reflected the correct height. This was noted. Thereafter, the Committee agreed to approve the Minute of the meeting dated 20 April 2023 as an accurate account of the meeting. 4 LR289 - Ward 4 - Fochabers Lhanbryde Planning Application 22/01292/APP - Erect dwellinghouse on Plot 3, Milnduff, Drybridge, Buckie Item 3. Page 5
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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 grant planning permission in respect of Planning Application 22/01292/APP, subject to the following conditions: 1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. No development works shall commence on the dwelling house until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit is to be connected to an appropriate electricity supply, including details (written proposals and plans) to confirm the provision of the necessary cabling, ducting, and consumer units capable of supporting the future charging unit; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of the dwelling house. Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking. 3. No water shall be permitted to drain or loose material be carried onto the public 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 new access. 4. A visibility splay 2.4 metres by 120 metres to the north-west shall be provided at the access onto the public road, and maintained thereafter at all times free from any obstruction greater than 0.6m in height measured from the level of the carriageway. Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 5. Three car parking spaces shall be provided within the site prior to the occupation or completion of the dwelling house, whichever is the sooner. The parking spaces shall thereafter be retained 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/visitors/others in the interests of an acceptable development and road safety. Page 6
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6. Prior to the occupation of the house hereby approved a scheme of effective treatment to the private water supply shall be fully installed and properly maintained for the lifetime of the development. The scheme must ensure that the water to the house would fully comply with the regulatory limits stated in The Water Intended for Human Consumption (Private Supplies) (Scotland) regulations 2017 and should specifically include effective point of entry ultraviolet treatment, prefiltration, pH correction measures and iron/manganese treatment. Reason: To ensure that the development is served by an adequate and wholesome water supply. 7. The paddock area associated with the plot as identified in the approved site plan, shall be only used as paddock land, and not for domestic garden purposes. Note. For the avoidance of doubt, the paddock does not have the benefit of permitted development rights under Article 2(4), Schedule, Part 1 Classes 3B (Building, engineering, installation or other operation within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended by the Town & Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (or any Order revoking and re-enacting that Order(s) with or without modifications). Reason: To safeguard the rural character of the site and its surroundings, by mitigating against any domestic encroachment into adjoining farm/paddock land. 8. Unless otherwise agreed in writing with the Planning Authority, boundary enclosures surrounding the site hereby approved shall only comprise post and wire fencing or hedging made up of native species (birch, gean, hawthorn, scots pine, beech, oak, holly). In addition 15% of the plot must be landscaped with native tree species (whips and feathered trees at least 1.5 metres in height, planted at a density of 1 per 4 sqm). All planting, seeding or turfing shall be carried out in the first planting and seeding seasons following the commencement of development. Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species. Reason: To ensure an acceptable scheme of landscaping to aid the integration of the house into the surrounding landscape and ensure the planting is timeously provided. 9. Notwithstanding the details shown on the approved plans, the roof of the dwellinghouse hereby approved shall be finished in natural slate. Reason: To ensure the highest standards of material finish are achieved for new housing in the countryside and that new housing is finished in a manner which reflects the traditional material finishes of houses in Moray. 10. The residential caravan hereby permitted is solely for the use of the applicant or developer for the duration of the construction works associated with the development hereby approved. Within 3 years from the date of this decision notice or within 2 months following the occupation or completion of Page 7
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the dwellinghouse, whichever is the sooner, the caravan shall be removed permanently from the site, along with all associated fixtures and fittings. Reason: To ensure the removal of the residential caravan from the site following the completion of the adjacent house, in the interests of minimising and removing the visual impact of the caravan. 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, the Legal Adviser advised that he had nothing to raise at this time. The Mr Miller, Planning Adviser advised that planning permission had been granted in respect of Planning Application 22/01292/APP however the Applicant was appealing against Condition 9. Therefore, if the Moray Local Review Body (MLRB) were minded to uphold the appeal then Condition 9 would be removed from the planning consent and if the appeal was dismissed, the condition would stand. This was noted. 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 Harris, having visited the site and considered the case in detail moved that the MLRB dismiss the appeal and uphold the original decision of the Appointed Officer to include condition 9 requiring the use of natural slate on the roof in relation to Planning Application 22/01292/APP so that the development is in keeping with adopted policies within the Moray Local Development Plan (MLDP) 2020 and National Planning Framework (NPF) 4. This was seconded by Councillor Cameron. There being no-one otherwise minded, the MLRB agreed to dismiss the appeal and uphold the original decision of the Appointed Officer to include condition 9 requiring the use of natural slate on the roof in relation to Planning Application 22/01292/APP so that the development is in keeping with adopted policies within the MLDP 2020 and NPF4. 5 LR288 - Ward 7 - Elgin City South Planning Application 22/01451/APP - Retrospective permission for boundary fence at 94 Springfield 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: 1. The high level boundary fence is out of keeping with the established open aspect character of the existing site and neighbouring housing and would therefore fail to comply with Policy DP1 (i) (a). Page 8
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2. The high level fencing would partially enclose an area of open space to the rear of the property which requires natural surveillance in order to reduce crime and would therefore fail to comply with policy PP1 (ii). 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. Councillor Keith, having considered the case in detail, was of the view that, in relation to policy DP1, the fence was not out of keeping with the established open space character of the area and, in relation to policy PP1, stated that there was plenty natural surveillance at 3 out of 4 sides of the property and moved that the MLRB uphold the appeal and grant planning permission in respect of Planning Application 22/01451/APP as in his opinion, the proposal complied with policies DP1 (i) a) (Development Principles) and PP1 (ii) (Placemaking) of the Moray Local Development Plan (MLDP) including the suggested condition from the Transportation Service asking that the sections of the existing high fence be set back/reduced in height in accordance with the submitted drawing number 1 Revision A, within 3 months of the date of the decision notice. This was seconded by Councillor Ross. Councillor Van Der Horn moved that the MLRB dismiss the appeal and uphold the original decision of the Appointed Officer to refuse planning permission in respect of Planning Application 22/01451/APP as, in his opinion, the fence was considerably higher than the hedges/walls/fencing in other surrounding properties and that by creating a higher fence the street would be less visible from the property and hinder natural surveillance. This was seconded by Councillor Warren. On a division there voted: For the Motion (5): Councillor Keith, Ross, Dunbar, Macrae and McBain For the Amendment (3): Councillors Van Der Horn, Warren and Harris Abstentions (1): Councillor Cameron Accordingly, the Motion became the finding of the meeting and the MLRB agreed to uphold the appeal and grant planning permission in respect of Planning Application 22/01451/APP as the proposal complies with policies DP1 (i) a) (Development Principles) and PP1 (ii) (Placemaking) of the MLDP 2020 including the suggested condition from the Transportation Service asking that the sections of the existing high fence be set back/reduced in height in accordance with the submitted drawing number 1 Revision A, within 3 months of the date of the decision notice. Page 9
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MORAY LOCAL REVIEW BODY 17 AUGUST 2023 SUMMARY OF INFORMATION FOR CASE No LR290 Ward 7 – Elgin City South Planning Application 22/01849/APP – Erect free standing car port at 32 Muirfield Road, Elgin Planning permission in principle was refused under the Statutory Scheme of Delegation by the Appointed Officer on 8 March 2023 on the grounds that: The proposed car port does not comply with the Moray Local Development Plan Policy DP1 - Development Principles and National Planning Framework 4 Policy 16 - Quality Homes because it would sit forward of the principle 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. It would also set a precedent for further similar development. 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. At the meeting of the Moray Local Review Body (MLRB) on 16 February 2023, the MLRB noted that National Planning Framework 4 (NPF4) had been adopted by the Council on Monday 13 February 2023 and that all planning applications determined beyond this date would have to take NPF4 into consideration, as this is now part of the MLDP 2020 and deferred consideration of the above Review to request further information from the Appointed Officer and Interested Parties after considering the planning application in light of NPF4 with any response received being forwarded to the Applicant for comment. Item 4. Page 11
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Muirfield Court 32.2m 30.7m 19.1m BIRNIE PLACE MUIRFIELD ROAD MUIRFIELD CRESCENT LAND STREET 7 1 47 74 115 14 13 8 139 77 65 105 26 62 54 60 64 52 131 37 101 1012 59 29 5 89 135 51 143 141 27 40 15 2 44 41 49 4 80 9 40 77 52 65 51 MUIRFIELD ROAD 26 14 1 47 65 7 1 5 27 Location plan for Planning Application Reference Number : 22/01849/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 2023 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 100609913-001 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 Erect free standing 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 UK By Elgin Elgin Urquhart New 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: 08/12/2022 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: 08/12/2022 Page 21
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Consultee Comments for Planning Application 22/01849/APP Application Summary Application Number: 22/01849/APP Address: 32 Muirfield Road Elgin Moray IV30 6DE Proposal: Erect free standing car port Case Officer: Dominic Batty 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 EHO Page 27
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: The Moray Council, Flood Risk Management Planning Application Ref. No: 22/01849/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 Reason(s) for objection Conditions(s) Further comments(s) to be passed to applicant Further information required to consider the application Contact: Natalie Dunton Date: 16/12/2022 email address: Natalie.dunton@moray.gov.uk Phone No Consultee: The Moray Council, Flood Risk Management Page 29
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Consultation Request Notification Planning Authority Name Moray Council Response Date 28th December 2022 Planning Authority Reference 22/01849/APP Nature of Proposal (Description) Erect free standing 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=RMM3HTBGKF000 Previous Application Date of Consultation 14th December 2022 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 Dominic Batty Case Officer Phone number Case Officer email address dominic.batty@moray.gov.uk PA Response To consultation.planning@moray.gov.uk NOTE: Page 31
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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 32
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MORAY COUNCIL PLANNING CONSULTATION RESPONSE From: Transportation Manager Planning Application Ref. No: 22/01849/APP Erect free standing 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 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: PHN Date: 21.12.2022 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 33
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REPORT OF HANDLING Ref No: 22/01849/APP Officer: Dominic Batty Proposal Description/ Address Erect free standing car port 32 Muirfield Road Elgin Moray IV30 6DE Date: 07.03.2023 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 15/12/22 No objections Transportation Manager 21/12/22 No objections with advisory comments for applicant Moray Flood Risk Management 16/12/22 No objections DEVELOPMENT PLAN POLICY Policies Dep Any Comments (or refer to Observations below) PP3 Infrastructure and Services N DP1 Development Principles Y EP12 Management and Enhancement Water N NPF1 - Tackling the Climate 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): Page 35
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Page 2 of 4 OBSERVATIONS – ASSESSMENT OF PROPOSAL Legislation 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 and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. The main planning issues are considered below: Site The site is located at 32 Muirfield Road, Elgin. The dwellinghouse on the site is a middle terrace with neighbouring properties to both sides and the rear. The site is bound by a public road to the south- east. Proposal This application seeks planning permission to erect a free standing car port to the front of the house. The proposed car port would measure approximately 3m x 5.3m and 2.7m in height to the roof ridge. The roof would be mono-pitched. The roofing would be polycarbonate sheeting and the posts would be metal. Policy Assessment Siting and Design (DP1, NPF4-16) Moray Local Development Plan 2020 (MLDP2020) Policy DP1 Development Principles requires the scale, density, and character of development to be appropriate to the surrounding area, be integrated into the surrounding area, conserve and enhance the natural and built environment, and not adversely impact upon neighbouring properties in terms of privacy, daylight, or overbearing loss of amenity. The policy also states a preference for pitched roofs over flat roofs. NPF4 Policy 16 Quality Homes requires householder development proposals to not have a detrimental impact on the character or environmental quality of the home or surrounding area in terms of size, design, and materials and to not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing, or overlooking. The proposed car port would be the only standalone/freestanding structure to the front of the building line of the surrounding residential area, which is typified by terraces of houses. There are other car ports present in the surrounding area but these use a lean-to style at the side of their respective house. There are no other structures, be it car-ports, 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. Granting of consent would also set a precedence for further similar development that would be detrimental to the character of the surrounding area. The proposal is therefore not in compliance with Policy DP1 or NPF4 Policy 16 in terms of its appropriateness to the surrounding area. The nature of the use of the proposed development means that it would not cause a loss of privacy levels for the neighbouring properties. The proposed development would be located in the front curtilage of the site so there would be no overshadowing of the rear garden space. Following the '45° approach' set out in the Moray Local Development Plan 2020 Planning Policy Guidance, there is no anticipated unreasonable loss of daylight into the neighbouring windows on the front elevation. On this basis, the proposed development complies with the MLDP2020 Policy DP1 and NPF4 Policy 16 in terms of the impact on the amenity levels of neighbouring properties. To summarise, the proposed development is not in compliance with the MLDP2020 Policy DP1 Development Principles and NPF4 Policy 16 Quality Homes in terms of siting and design due to its lack of appropriateness to the surrounding area. Page 36
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Page 3 of 4 Drainage (DP1, EP12, NPF4-22) The proposed development would be under 25sqm therefore it is not required to be accompanied by a drainage statement. The site is not located in an area at risk of flooding so there is no general constraint to development under Policy EP12 or NPF4 Policy 22(a). Moray Flood Risk Management were consulted as part of this development and provided no objections. On this basis, the proposed development is in compliance with the MLDP2020 Policies DP1 Development Principles and EP12 Management and Enhancement of the Water Environment and NPF4 Policy 22 Flood Risk. Recommendation Refuse. OTHER MATERIAL CONSIDERATIONS TAKEN INTO ACCOUNT None HISTORY Reference No. Description Decision Date Of Decision ADVERT Advert Fee paid? N/A Local Newspaper Reason for Advert Date of expiry DEVELOPER CONTRIBUTIONS (PGU) Status None sought 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: Page 37
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Page 4 of 4 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 38
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(Page 2 of 2) Ref: 22/01849/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 Moray Local Development Plan Policy DP1 - Development Principles and National Planning Framework 4 Policy 16 - Quality Homes because it would sit forward of the principle 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. It would also set a precedent for further similar development. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT The following plans and drawings form part of the decision:- Reference Version Title 22~04 Elevations Site and 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 40
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APPENDIX 2 NOTICE OF REVIEW, GROUNDS FOR REVIEW & SUPPORTING DOCUMENTS Page 42
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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 100609913-004 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 44
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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 Elgin 321839 New Elgin ctkplans@aol.com Page 45
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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) Erect free standing car port. This was a planning application to erect a car port to protect the applicant's car from a daily bombardment of seagull poo damaging his car. From the drawings you will see how light a structure is proposed with 4 No 100mm dia poles (4 inches wide) to support a roof structure made of clear glass. It was intimated to us initially that the structure would block light from the adjoining properties (30 and 34 Muirfield Road) yet neither objected to the proposal. See additional sheet. Page 46
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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 11 photographs of houses in Muirfield Road that already have extensions that sit forward of the principal elevation. Supporting statement. Copy of plans. Copy of refusal notice. 22/01849/APP 08/03/2023 By means of inspection of the land to which the review relates 09/12/2022 It is important to demonstrate that such a light structure would not impinge on any neighbour's light or privacy. It would also allow the review board an opportunity to see all the other properties who already have development well in front of the principal building and as such have set a precedent. Page 47
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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: 01/06/2023 Page 48
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