Document Pack (Bookmarked) LRB 11 09 23
West Dunbartonshire Council · 11 September 2023
Back to Local Review Body — 11 September 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Agenda Local Review Body Date: Monday, 11 September 2023 __________________________________________________________________ Time: 11:00 __________________________________________________________________ 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 Ian Dickson Councillor Daniel Lennie Provost Douglas McAllister Councillor June McKay Councillor Karen Murray Conaghan Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Date of issue: 28 August 2023 Page 2
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LOCAL REVIEW BODY MONDAY, 11 SEPTEMBER 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 PROCEDURE 3 - 6 Submit copy of Procedure to be followed at the meeting. 4 MINUTES OF PREVIOUS MEETING 7 - 10 Submit for approval as a correct record, the Minutes of Meeting of the Local Review Body (LRB), held on 27 June 2023. 5 APPLICATION FOR REVIEW: DC22/214/FUL 11 - 89 8, BONHILL VIEW, BONHILL, G83 0SZ 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. Page 5
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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. 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 6
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LOCAL REVIEW BODY At a Meeting of the Local Review Body held in the Civic Space, 16 Church Street, Dumbarton, on Tuesday, 27 June 2023 at 2.00 p.m. Present: Councillors Karen Conaghan, Gurpreet Singh Johal, June McKay, Lawrence O’Neill, Chris Pollock and Hazel Sorrell Attending: Alan Williamson, Team Leader, Development Planning and Place (Planning Adviser): Nigel Ettles, Legal Adviser; and Nicola Moorcroft, Committee Officer. Also attending: Mr and Mrs Connolly (applicants) Apologies: Apologies were intimated on behalf of Provost Douglas McAllister, Councillors Ian Dickson, Daniel Lennie and Sophie Traynor Councillor Lawrence O’Neill in the Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in any of the items of business on the agenda. APPLICATION FOR REVIEW DC21/246/FUL – Installation of driveway at 96 Dalgleish Avenue, Duntocher G81 6DZ Review papers were submitted for the above application. Alan Williamson, Planning Adviser, outlined the details of the application. Prior to the determination of the Review, the Chair, Councillor O’Neill, thanked the Planning Adviser and invited the Local Review Body (LRB) to comment on whether they considered they had sufficient information to enable them to determine the Review. Following discussion, Members agreed that they had sufficient information to enable them to determine the review. Having considered all of the information before them, the LRB agreed to overturn the determination of the Appointed Officer and that planning permission be granted, subject to conditions as shown in Appendix 1 to these Minutes. ITEM 4 Page 7
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The meeting closed at 2:25 p.m. APPENDIX 1 Page 8
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DC21/246/FUL – Installation of a driveway at 96 Dalgleish Avenue, Duntocher, Clydebank, G81 6DZ. 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 9
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APPLICATION FOR REVIEW: DC22/214/FUL ITEM 5 (Correct Version) Page 11Page 11
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REVIEW CORRESPONDENCE: DC22/214/FUL Page 29Page 29
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PLANNING APPLICATION: DC22/214/FUL Page 40Page 40
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PLANNING APPLICATION CONSULTATION RESPONSES DC22/214/FUL Page 58Page 58
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PLANNING APPLICATION REPRESENTATIONS DC22/214/FUL Page 62Page 62
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Comment on Planning Application About You Please provide details about yourself Forename * Mary H Surname * Scobie Address * 4 Bonhill View, Alexandria, G830SZ Details Please provide details regarding this planning application Case Type FUL Comments * The planning proposal would significantly encroach on the parking area which has for many years been used by numbers 2, 4, 6, 8, 10 and 12 Bonhill View - plus visitors. Accordingly, I strongly oppose the application. Do you support the proposal No Page 63Page 63
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Comment on Planning Application About You Please provide details about yourself Forename * James Surname * McGuigan Address * 12 Bonhill View Alexandria G830SZ Details Please provide details regarding this planning application Case Type FUL Comments * The area proposed is part of the original base for residents garages. Since the garages were demolished this area has traditionally been used for car parking for the residents of 2,4,6,8,10 and 12 Bonhill View. Can you please confirm that the area around the proposed development will be available for legal parking for these residents. Do you support the proposal Yes Page 64Page 64
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Comment on Planning Application About You Please provide details about yourself Forename * William D & Mary H Surname * Scobie Address * 4 Bonhill View, Alexandria, G830SZ Details Please provide details regarding this planning application Case Type FUL Comments * In response to the applicant's "clarify comments and issues" statement, we would like to address various assertions therein. Regarding Item 2 - The applicant refers to "redundant concrete garage base". The area in question is far from "redundant". It is in fact normally used for parking by residents of numbers 2 (two vehicles), 4 (one vehicle), 6 (two vehicles), 8 (one vehicle) 10 (one vehicle) and 12 (one vehicle) - totalling 8 vehicles. The applicant uses the phrase - "relocate the existing parking provision westwards". By this it is assumed that he refers to a strip of parking in Angus Street which is habitually used by residents of St. Andrews Lane, by visitors to the soft play premises in the Public Hall, by patrons of the Laughing Fox public house, by customers of Rainbows takeaway food shop, by customers of Cafe India takeaway restaurant and other members of the public. Page 65Page 65
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Comment on Planning Application The applicant's assertion that residents would not have to walk any further to their normal parking place can be shown by the above to be erroneous, because even if parking space was available in Angus Street, it most certainly requires residents to walk significantly further. In Item 9 the applicant states that "none of the houses have ever flooded". Strictly speaking this is true, but a number of years ago when the River Leven burst its banks the water came quite literally to the doorsteps of houses in Bonhill View. The applicant refers to his assumption that his proposal would only affect residents of numbers 2, 4 & 6 Bonhill View, and yet he cites the "support" of the resident of number 12, mentioning the resident's age and incorrectly stating that he would not have to walk further to his car. Regarding Item 12 - The proposal would indeed have a "detrimental impact" on his neighbours in the sense that their parking options would be significantly reduced. Do you support the proposal No Page 66Page 66
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Comment on Planning Application About You Please provide details about yourself Forename * John Surname * Talbot Address * 10 Bonhill View Details Please provide details regarding this planning application Case Type FUL Comments * In Reply to response to comments on Proposal dated 31 January 2023. In point 2 the applicant states that "the plot of land (i.e. concrete base) will not be disturbed." How is the proposed fencing around the area to be fixed? In point 3 when the applicant states "to relocate the existing parking provision Westwards" Currently there is insufficient parking space available (i.e. 2 cars /house) currently visitors park behind residents to prevent obstruction. If it is off the concrete hardstanding onto the adjacent tarmac then the cars will BLOCK my gated access to the rear of no 10 where I park my motorhome off the street so as not to impact on other residents parking . I am assuming this is what is meant as it is stated that no one will require to walk further as stated in points 4 and 5. Page 67Page 67
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Comment on Planning Application point 6 contradicts statements in points 4 & 5 re additional distance to walk. point 8 states no groundworks, how is fencing around proposed area to be fixed? Re point 9, The Area is in a designated vulnerable area and has been subject to flooding in the last 20 years. A Flood assessment should be undertaken. Re point 10 the rear wall acts as a noise barrier which would not be around the proposed area. The proposed area is parallel to my Living Room wall appprox 1m from it, therefore an increase in Noise from gatherings in this area. point 11 is a matter of opinion which is the opposite of mine. personal opinion should not be taken into account. Do you support the proposal No Page 68Page 68
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Comment on Planning Application About You Please provide details about yourself Forename * John Surname * Talbot Address * 10 Bonhill View Details Please provide details regarding this planning application Case Type FUL Comments * 1. There has been no previous discussion on this submission. The first I was aware of this proposal was when I received the neighbour notification. 2.On the application form on page 3 under existing use it states that cars park needlessly along the redundant garage base this is an incorrect statement, as there is insufficient parking in Angus Street for the current houses of Bonhill View, Angus Street and St Andrew's Lane. The area has been used for car parking since the garages were demolished circa 20 years ago including by the applicant. 3. My elderly Neighbour (90yrs Approx) parks his car adjacent to No 10 Gable end on the proposed site to minimise the distance he has to walk and my partner is a blue badge holder, this proposal would require her to park further from my property at No 10 when she visits and increase the distance she would have to walk. Visitors to Bonhill View tend to park behind residents cars to make best use of the space available this would be unavailable for this 6.m area. It would also greatly reduce the number of parking spaces available and effect where No's 6, 8, 10 and 12 Page 69Page 69
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Comment on Planning Application Bonhill view would be able to park. 4. On page 4 of the submission under Assessment of Flood Risk the applicant states that the site is not within an area of known risk of flooding. This is Incorrect this area is identified within SEPA Document Loch Lomond and Vale of Leven (Potentialy Vulnerable Area 11/01) as at risk of flooding, which did Occur around 2006. As such this application should require a Flood Risk Assessment. 5. Can you please advise when the area of land was advertised for sale? where was it advertised? has the sale been completed as it greatly impacts on other residents and possibly restrict access to my property. 6. There will be a possible noise nuisance from the conduct of garden parties within the proposed area. 7. The proposed location of this Garden patio is no more than 1 metre from my property (i.e.my Living Room wall). 8. I strongly object to this proposal. Do you support the proposal No Page 70Page 70
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Comment on Planning Application About You Please provide details about yourself Forename * William D Surname * Scobie Address * 4 Bonhill View, Alexandria, G830SZ Details Please provide details regarding this planning application Case Type FUL Comments * The planning proposal would significantly encroach on the parking area which has for many years been used by numbers 2, 4, 6, 8, 10 and 12 Bonhill View - plus visitors. Accordingly, I strongly oppose the application. Do you support the proposal No Page 71Page 71
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APPOINTED OFFICER’S DECISION: DC22/214/FUL Page 72Page 72
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RELEVANT POLICIES: DC22/214/FUL Page 81Page 81
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National Planning Framework 4 Policy 1 – Tackling the climate and nature crisis When considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 – Climate mitigation and adaptation a) Development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible. b) Development proposals will be sited and designed to adapt to current and future risks from climate change. c) Development proposals to retrofit measures to existing developments that reduce emissions or support adaptation to climate change will be supported. 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. Page 82Page 82
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Policy 22 – Flood risk and water management a) Development proposals at risk of flooding or in a flood risk area will only be supported if they are for: i. essential infrastructure where the location is required for operational reasons; ii. water compatible uses; iii. redevelopment of an existing building or site for an equal or less vulnerable use; or. iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that longterm safety and resilience can be secured in accordance with relevant SEPA advice. The protection offered by an existing formal flood protection scheme or one under construction can be taken into account when determining flood risk. In such cases, it will be demonstrated by the applicant that: • all risks of flooding are understood and addressed; • there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; • the development remains safe and operational during floods; • flood resistant and resilient materials and construction methods are used; and • future adaptations can be made to accommodate the effects of climate change. Additionally, for development proposals meeting criteria part iv), where flood risk is managed at the site rather than avoided these will also require: • the first occupied/utilised floor, and the underside of the development if relevant, to be above the flood risk level and have an additional allowance for freeboard; and • that the proposal does not create an island of development and that safe access/ egress can be achieved. b) Small scale extensions and alterations to existing buildings will only be supported where they will not significantly increase flood risk. c) Development proposals will: i. not increase the risk of surface water flooding to others, or itself be at risk. ii. manage all rain and surface water through sustainable urban drainage systems (SUDS), which should form part of and integrate with proposed and existing bluegreen infrastructure. All proposals should presume no surface water connection to the combined sewer; iii. seek to minimise the area of impermeable surface. d) Development proposals will be supported if they can be connected to the public water mains. If connection is not feasible, the applicant will need to demonstrate that water for drinking water purposes will be sourced from a sustainable water source that is resilient to periods of water scarcity. e) Development proposals which create, expand or enhance opportunities for natural flood risk management, including blue and green infrastructure, will be supported. Page 83Page 83
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Policy 23 – Health and safety a) Development proposals that will have positive effects on health will be supported. This could include, for example, proposals that incorporate opportunities for exercise, community food growing or allotments. b) Development proposals which are likely to have a significant adverse effect on health will not be supported. A Health Impact Assessment may be required. c) Development proposals for health and social care facilities and infrastructure will be supported. d) Development proposals that are likely to have significant adverse effects on air quality will not be supported. Development proposals will consider opportunities to improve air quality and reduce exposure to poor air quality. An air quality assessment may be required where the nature of the proposal or the air quality in the location suggest significant effects are likely. e) Development proposals that are likely to raise unacceptable noise issues will not be supported. The agent of change principle applies to noise sensitive development. A Noise Impact Assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. f) Development proposals will be designed to take into account suicide risk. g) Development proposals within the vicinity of a major accident hazard site or major accident hazard pipeline (because of the presence of toxic, highly reactive, explosive or inflammable substances) will consider the associated risks and potential impacts of the proposal and the major accident hazard site/pipeline of being located in proximity to one another. h) Applications for hazardous substances consent will consider the likely potential impacts on surrounding populations and the environment. i) Any advice from Health and Safety Executive, the Office of Nuclear Regulation or the Scottish Environment Protection Agency that planning permission or hazardous substances consent should be refused, or conditions to be attached to a grant of consent, should not be overridden by the decision maker without the most careful consideration. j) Similar considerations apply in respect of development proposals either for or near licensed explosive sites (including military explosive storage sites). 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; Page 84Page 84
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• 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; • 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; Page 85Page 85
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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 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 CP1 Creating Places New development shall take a design led approach to creating sustainable places which put the needs of people first and demonstrate the six qualities of successful places. All new development is required to: a) Demonstrate an understanding of the local context and contribute positively towards the distinctive identity of West Dunbartonshire; retaining, reinforcing and responding to established patterns of development, natural features and the historic environment. b) Ensure that streets are safe, comfortable and attractive for all users; creating an accessible, inclusive and walkable network of streets and paths which consider the role of streets as places for people first. c) Green infrastructure must be an integral part of the design process for development from the outset; in line with the requirements set out in Policy CP2. d) Ensure that the layout and form of the development, including the relationship between the buildings, streets and spaces, protect and enhance the amenity of existing communities, future occupiers and neighbouring development sites. e) Ensure that the design and construction of new buildings and materials used are of a high quality, sustainable and suited to the climate and location; f) Provide sustainable design which supports waste reduction targets and reduce carbon emissions in the development’s construction and end use. All new development is also required to accord with the guidance set out within the Creating Places Supplementary Guidance. Note: Until such times as the Creating Places Supplementary Guidance is adopted by the Council, the ‘Residential Development: Principles for Good Design’ Planning Guidance, which is non-statutory, should be referred to by landowners and/or developers. 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: Page 86Page 86
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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. Page 87Page 87
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SUGGESTED CONDITIONS: DC22/214/FUL Page 88Page 88
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DC21.214.FUL – Convert area of land into a garden plot and associated works Suggested Conditions 1. Notwithstanding the approved plans, the garden hereby approved shall only be used in association with 8 Bonhill View, Alexandria. Reason: To safeguard the residential amenity of the area. 2. Prior to commencement, full details of the proposed boundary treatment including height, material and method of fixing shall be provided to, and approved in writing by the Planning Authority. Thereafter, the boundary treatment shall be implemented and maintained in accordance with the approved details, unless otherwise agreed in writing with the Planning Authority. Reason: To ensure that the position, design and materials of the fence are appropriate to the character of the area 3. Prior to commencement, full details of any proposed ancillary buildings shall be provided to, and approved in writing by the Planning Authority. Reason: To ensure that the position, design and materials of any ancillary buildings are appropriate to the character of the area. Page 89Page 89