LRB 27 06 23 Document Pack (Bookmarked)
West Dunbartonshire Council · 27 June 2023
Back to Local Review Body — 27 June 2023 and its agenda
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Agenda Local Review Body Date: Tuesday, 27 June 2023 ___________________________________________________________________ Time: 14:00 ___________________________________________________________________ Venue: Civic Space, 16 Church Street, Dumbarton ___________________________________________________________________ Contact: Nicola.moorcroft@west-dubnbarton.gov.uk committee.admin@west-dunbarton.gov.uk Dear Member Please attend a meeting of the Local Review Body as detailed above. The business is shown on the attached agenda. Yours faithfully PETER HESSET Chief Executive Page 1
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Distribution:- Councillor Lawrence O’Neill (Chair) Councillor Gurpreet Singh Johal (Vice Chair) Councillor Karen Conaghan Councillor Ian Dickson Councillor Daniel Lennie Provost Douglas McAllister Councillor June McKay Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Date of issue: 15 June 2023 Page 2
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LOCAL REVIEW BODY TUESDAY, 27 JUNE 2023 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in any of the items of business on this agenda and the reasons for such declarations. 3 APPLICATION FOR REVIEW: DC21/246/FUL 7 - 36 96 DAGLEISH AVENUE, DUNTOCHER G81 6DZ Submit review papers for the above application. Page 3
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WEST DUNBARTONSHIRE COUNCIL LOCAL REVIEW BODY PROCEDURE TO BE FOLLOWED AT MEETING 1. The Chair will introduce himself and the Members of the Review Body. 2. The Planning Adviser will outline the details of the application. 3. The Members of the Local Review Body will then ask any appropriate questions to the officers present, i.e. Planning Adviser of the Local Review Body and Legal Adviser. 4. If the Local Review Body then considers that there is sufficient information from the material before it, including the notice of review, the decision notice, and report of handling, and any further representations from interested parties, it may proceed to determine the review. 5. The Chair and the other Members of the Review Body will consider the information before them in terms of the submission by the applicant, the interested parties including any statutory consultees or other parties who have made representations and the report of handling. 6. If the Local Review Body decides that it requires further information or representations before it can determine the review they should agree what form this information should take, i.e. • Site visit • Written submissions • The holding of one or more hearing sessions 6.1 Written Submissions: The Local Review Body can request written submissions from the applicant or appointed officer, any other body or person they wish to receive information from. The Local Review Body should decide the matters on which the written submissions should address. 6.2 Hearings: If the Local Review Body decides that it wishes to hold a hearing in respect of the case, it should determine what matters it would wish to be considered at the hearing. The hearing will comprise of the applicant, any interested party who made representations in relation to specified matters, the appointed officer and any other body or person from whom the Local Review Body wishes to receive further representations or to provide information on specified matters. 6.3 Site Inspection: If the Local Review Body decides to hold a site visit, it must decide if the site visit is to be unaccompanied or accompanied by the applicant and any other party the Local Review Body considers should attend. Page 4
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7. The Local Review Body can also agree to appoint an assessor to advise on specific matters generally of a specialist or technical nature. Where an assessor is appointed, those entitled to a hearing will be advised of the name of the assessor and the matters which they are appointed to advise on. The assessor may make a written report to the review body after the close of the hearing, which will be made publicly available. 8. After the written submissions, hearing or site inspection, the Local Review Body will move to determine the review and will outline their reasons to approve or refuse the review case. Page 5
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APPLICATION FOR REVIEW: DC21/246/FUL ITEM 3 Page 7
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If there are reasons why you think the Local Review Body would be unable to undertake an unaccompanied site inspection, please explain here: 8. Statement 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. Note: you may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. If the Local Review Body issues a notice requesting further information from any other person or body, you will have a period of 14 days in which to comment on any additional matter which has been raised by that person or body. State here the reasons for your notice of review and all matters you wish to raise. If necessary, this can be continued or provided in full in a separate document. You may also submit additional documentation with this form. We dispute each one of the three reasons for refusal given in section 2 of the PLN Report of Hnadling i.e. "West Dunbartonshire Council Roads Service - Object to the proposal on grounds that it would negate any general on-street provision and could not be accessed without driving over the footway. The vehicle doors would also open over the public footway." 1. The parking convention - including marked disabled spaces - is that cars park on the other side of the street, therefore our driveway would actually improve the provision of on street parking 2. All driveways in the street are accessed by driving over the footway. 3. All vehicles parked in the street have their doors open over the public footway and it is questionable whether ours actually would when efficiently parked Furthermore, cars occasionally park with all four wheels on the footway at our side which forces pedestrians onto the road, including those with wheelchairs, prams, children and elderly. Having our driveway would prevent cars from parking on the footway and therefore improve pedestrian safety. Please also note that all our neighbours are fully supportive of this application, particularly as it would improve their chances of on street parking Have you raised any matters which were not before the appointed officer at the time your application was determined? Yes (g]NoO If yes, please explain below a) why your are raising new material b) why it was not raised with the appointed officer before your application was determined and c) why you believe it should now be considered with your review. a) To dispute the reasons for rejection b) Because we thought it was made clear which side of the street cars parked c) Because it challenges the reasons for rejection 3 Page 10
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PLANNING APPLICATION: DC21/246/FUL Page 12
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PLANNING APPLICATION CONSULTATION RESPONSE DC21/246/FUL Page 20
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APPOINTED OFFICER’S DECISION: DC21/246/FUL Page 22
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RELEVANT POLICIES: DC21/246/FUL Page 30
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National Planning Framework 4 Policy 14: Design, Quality and Place a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places: • Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. • Pleasant: Supporting attractive natural and built spaces. • Connected: Supporting well connected networks that make moving around easy and reduce car dependency • Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity. • Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions. • Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as maintained over time. Further details on delivering the six qualities of successful places are set out in Annex D. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Adopted West Dunbartonshire Local Plan 2010 Policy GD 1: Development Control All new development is expected to be of a high quality of design and to respect the character and amenity of the area in which it is located. Proposals will be required to: • be appropriate to the local area in terms of land use, layout and design (including scale, density, massing, height, aspect, effect on daylighting, crime prevention measures and privacy); developers will be required to submit design statements where appropriate; • be energy efficient, including considering options for micro-renewable technologies; • ensure that landscaping is integral to the overall design, that important landscape features and valuable species and habitats are conserved and where possible enhanced, and that there is an emphasis on native planting; Page 31
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• ensure that the value of the historic and natural environment is recognised, and is not devalued or threatened by the proposal; • ensure that open space standards are met; • assess and address any existing or potential increase in flood risk and/or environmental pollution, provide drainage consistent with Sustainable Urban Drainage Systems design guidance and ensure that suitable remediation measures are undertaken on contaminated sites; • demonstrate, where appropriate, that the development will not result in a negative impact on the water environment; • ensure that increases in traffic volumes and adverse impacts on air quality are avoided or minimised by including provision for public transport, pedestrian and cycling access, and considering the need for a Green Travel Plan; • meet the roads, parking and access requirements of the Council (particularly for disabled people and the emergency services) reflecting national guidance where appropriate; • consider the availability of infrastructure and the impact on existing community facilities; • minimise waste, and provide for the storage, segregation and collection of recyclable and compostable material; a Site Waste Management Plan may be required; and • be consistent with other Local Plan policies. Policy H5 Development within Existing Residential Areas The character and amenity of existing residential areas, identified on the Proposals Map, will be safeguarded and where possible enhanced. Development within existing residential areas will be considered against the following criteria: • the need to reflect the character of the surrounding area in terms of scale, density, design and materials; • the requirement to avoid over development which would have an adverse effect on local amenity, access and parking or would be out of scale with surrounding buildings; • the need to retain trees, hedgerows, open space and other natural features; • extensions to dwellings must complement the character of the existing building, particularly in terms of scale and materials, not dominate in terms of size or height, and not have a significantly adverse affect on neighbouring properties; • the subdivision of the curtilage of a dwelling for a new house should ensure that the proposed plot can accommodate a house and garden; the new house and garden to be of a scale and character appropriate to the neighbourhood; sufficient garden ground should be retained for the existing house; the privacy of existing properties should not be adversely affected and separate vehicular accesses should be provided; • with regard to non-residential uses, whether they can be considered ancillary or complementary to the residential area, and would not result in a significant loss of amenity to the surrounding properties. A significant loss of amenity might be Page 32
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expected to occur as a result of increased traffic, noise, vibration, smell, artificial light, litter, hours of operation and general disturbance; and • the proposal conforms with other Local Plan policies Proposed West Dunbartonshire Local Development Plan (LDP2, as modified 2020) Policy H4: Residential Amenity The Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. In this regard, there will be a general presumption against: a) Extensions to residential properties and/or outbuildings within the curtilage of the Plot, which would have adverse significant impacts upon neighbouring properties, including but not limited to, overshadowing, overlooking, overbearing, insufficient parking, and the character and appearance of the area; b) The establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents; c) The development for other uses on locally important areas of recreational or amenity open space, which are not safeguarded or covered by Policy G1, but significantly contribute to the character and appearance of the residential area concerned, or which offer opportunities for informal outdoor sport and recreation; d) The removal of play equipment from areas of recreational open space; e) The closure or disruption of existing footpaths, which provide important links between housing areas and areas of public open space; local shops and other community facilities and transportation nodes etc. New housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents. Policy CON1: Transportation Requirements for New Development The Council requires development proposals to accord with Designing Streets, the National Roads Development Guidelines, and be in alignment with the provisions of the Regional and Local Transport Strategies. Developments which do not meet these requirements will not be acceptable unless sufficient justification has been provided to demonstrate why a departure from these strategies is required. Developments which maximise the extent to which travel demands are met first through walking, then cycling, then public transport and finally through the use of private cars will be particularly supported. All new development will require to prioritise active travel, by incorporating new, and providing links to, existing footpaths, cycle routes and public transport routes. Developers of major housing, Page 33
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retail and business and industrial developments are also required to provide electrical charging points within their development. Where appropriate and necessary, developers will be requested to enter into legal agreement with the Council, for the provision of transport infrastructure; public transport services or financial contributions which are directly related to a requirement arising as a result of their development. Page 34
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SUGGESTED CONDITIONS: DC21/246/FUL Page 35
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DC21.246.FUL – Installation of driveway at 96 Dalgleish Avenue, Clydebank, G81 6DZ Suggested Conditions 1. Prior to the commencement of works on site, details of the finishes for the block work wall and mono block driveway hereby approved shall be submitted to and approved in writing by the Planning Authority. Thereafter, the finishes shall be implemented as approved. Reason: In the interests of visual amenity. 2. All surface water from the driveway hereby approved shall be intercepted within the site. Reason: To avoid run-off in the interests of road safety. Page 36