Corporate and Community Services Department Council Headquarters, Eastwood Park, Giffnock, East Renfrewshire, G46 6UG Phone: 0141 577 3000 Fax: 0141 577 3834 website: www.eastrenfrewshire.gov.uk Date: 6 March 2020 When calling please ask for: Paul O’Neil (Tel No. 0141 577 3011) e-mail:- paul.o’[email protected]TO: Councillors A Ireland (Chair), B Cunningham (Vice Chair), A Convery, J Fletcher, J McLean, S Miller and J Swift. LOCAL REVIEW BODY A meeting of the Local Review Body will be held in the Council Chamber, Council Headquarters, Eastwood Park, Giffnock on Wednesday, 11 March 2020 at 2.30pm or if later at the conclusion of the Planning Applications Committee which begins at 2.00pm. The agenda of business is as shown below. Caroline Innes C INNES DEPUTY CHIEF EXECUTIVE AGENDA 1. Report apologies for absence. 2. Declarations of Interest. 3. Notice of Review - Review 2020/04 – Erection of Two Storey Side Extension and Single Storey Front Extension at 66A Stamperland Gardens, Clarkston (Ref No:- 2019/0639/TP) – Report by Deputy Chief Executive (copy attached, pages 3 - 46). This document can be explained to you in other languages and can be provided in alternative formats such as large print and Braille. For further information, please contact Customer First on 0141 577 3001 or email [email protected]
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Corporate and Community Services Department
Council Headquarters, Eastwood Park, Giffnock, East Renfrewshire, G46 6UG
Phone: 0141 577 3000 Fax: 0141 577 3834
website: www.eastrenfrewshire.gov.uk
Date: 6 March 2020 When calling please ask for: Paul O’Neil (Tel No. 0141 577 3011) e-mail:- paul.o’[email protected]
TO: Councillors A Ireland (Chair), B Cunningham (Vice Chair), A Convery, J Fletcher, J McLean, S Miller and J Swift.
LOCAL REVIEW BODY
A meeting of the Local Review Body will be held in the Council Chamber, Council Headquarters,
Eastwood Park, Giffnock on Wednesday, 11 March 2020 at 2.30pm or if later at the
conclusion of the Planning Applications Committee which begins at 2.00pm.
The agenda of business is as shown below.
Caroline Innes
C INNES DEPUTY CHIEF EXECUTIVE
AGENDA
1. Report apologies for absence.
2. Declarations of Interest.
3. Notice of Review - Review 2020/04 – Erection of Two Storey Side Extension and Single Storey Front Extension at 66A Stamperland Gardens, Clarkston (Ref No:- 2019/0639/TP) – Report by Deputy Chief Executive (copy attached, pages 3 - 46).
This document can be explained to you in other languages and can be provided in
alternative formats such as large print and Braille. For further information, please
ERECTION OF TWO STOREY SIDE EXTENSION AND SINGLE STOREY FRONT EXTENSION AT 66A STAMPERLAND GARDENS, CLARKSTON
PURPOSE OF REPORT
1. The purpose of the report is to present the information currently available to allow areview of the decision taken by officers, in terms of the Scheme of Delegation made in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 in respect of the application detailed below.
DETAILS OF APPLICATION
2. Application type: Full Planning Permission (Ref No:- 2019/0639/TP).
Applicant: Mrs L. Haig.
Proposal: Erection of two storey side extension and single storey front extension.
Council Area/Ward: Clarkston, Netherlee and Williamwood (Ward 4).
REASON FOR REQUESTING REVIEW
3. The applicant has requested a review on the grounds that the Council’s AppointedOfficer refused the application.
RECOMMENDATIONS
4. The Local Review Body is asked to:-
(a) consider whether it has sufficient information to allow it to proceed to determine the review without further procedure and, if so, that:-
(i) it proceeds to determine whether the decision taken in respect of the application under review should be upheld, reversed or varied; and
(ii) in the event that the decision is reversed or varied, the reasons and the detailed conditions to be attached to the decision letter are agreed.
AGENDA ITEM No.3 3
(b) In the event that further procedure is required to allow it to determine the
review, consider:-
(i) what further information is required, which parties are to be asked to provide the information and the date by which this is to be provided; and/or;
(ii) what procedure or combination of procedures are to be followed in
determining the review.
BACKGROUND 5. At the meeting of the Council on 29 April 2009, consideration was given to a report by the Director of Environment seeking the adoption of a new Scheme of Delegation in terms of the new Section 43A of the Town and Country Planning (Scotland) Act 1997, subject to approval of the scheme by Scottish Ministers. 6. The report provided details of the new hierarchy of developments that took effect from 6 April 2009 explaining that the Scheme of Delegation related to those applications within the “local development” category as set out in the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009, but would in future be determined by an “appointed officer”. In the Council’s case this would be either the Director of Environment or the Head of Roads, Planning and Transportation Service now designated the Head of Environment (Strategic Services). 7. The report highlighted that historically appeals against planning decisions were dealt with by Scottish Ministers. However, following the introduction of the new planning provisions with came into effect on 3 August 2009 all appeals against decisions made in respect of local developments under delegated powers would be heard by a Local Review Body. The Local Review Body would also deal with cases where the appointed officer had failed to determine an application within two months from the date it was lodged. NOTICE OF REVIEW – STATEMENT OF REASONS FOR REQUIRING THE REVIEW 8. The applicant in submitting the review has stated the reasons for requiring the review of the determination of the application. A copy of the applicant’s Notice of Review and Statement of Reasons is attached as Appendix 5. 9. The applicant is entitled to state a preference for the procedure (or combination of procedures) to be followed by the Local Review Body in the determination of the review and has indicated that her stated preference is the assessment of the review documents only, with no further procedure. 10. The Local Review Body is not bound to accede to the applicant’s request as to how it will determine the review and will itself decide what procedure will be used in this regard. 11. However, at the meeting of the Local Review Body on 10 August 2016, it was decided that the Local Review Body would carry out unaccompanied site inspections for every review case it received prior to the cases being given initial consideration at a meeting of the Local Review Body. 12. In accordance with the above decision, the Local Review Body will carry out an unaccompanied site inspection on Wednesday, 11 March 2020 immediately before the meeting of the Local Review Body which begins at 2.30pm.
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INFORMATION AVAILABLE TO ALLOW REVIEW OF APPLICATION
13. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties tointroduce new material at the review stage. The Local Review Body is advised that the focus of the review should, therefore, be on the material which was before the officer who dealt with the application under the Scheme of Delegation.
14. The information detailed below is appended to this report to assist the Local ReviewBody in carrying out the review of the decision taken by the Appointed Officer:-
Copies of Objections/Representations – Appendix 2 (Pages 15 - 18);
Report of Handling by the planning officer under the Scheme of Delegation -
(d)
Appendix 3 (Pages 19 - 28);
Decision notice and reasons for refusal - Appendix 4 (Pages 29 - 32); and
(d) A copy of the applicant’s Notice of Review and Statement of Reasons - Appendix 5 (Pages 33 - 40).
15. The applicant has also submitted the drawings listed below (available for inspectionwithin the Planning Division of the Environment Department prior to the meeting and for reference at the meeting) and these are attached as Appendix 6 (Pages 41 - 46).
(a) Plans as Existing;
(b) Refused – Location and Block Plan; and
(c) Refused – Plans as Proposed.
16. The Local Review Body is advised that initial consultation responses andrepresentations received if any, relating to the application will be listed in the planning officer’s Report of Handling.
17. All the documents referred to in this report can be viewed online on the Council’swebsite at www.eastrenfrewshire.gov.uk.
RECOMMENDATIONS
18. The Local Review Body is asked to:-
(a) consider whether it has sufficient information to allow it to proceed to determine the review without further procedure and, if so, that:-
(i) it proceeds to determine whether the decisions taken in respect of the application under review should be upheld, reversed or varied; and
(ii) in the event that the decision is reversed or varied, the reasons and the detailed conditions to be attached to the decision letter are agreed.
(b) In the event that further procedure is required to allow it to determine the review, consider:-
(i) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided; and/or;
(ii) what procedure or combination of procedures are to be followed in
determining the review.
Report Author: Paul O’Neil Director - Caroline Innes, Deputy Chief Executive Paul O’Neil, Committee Services Officer e-mail: paul.o’[email protected] Tel: 0141 577 3011 Date:- March 2020
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APPLICATION
FOR
PLANNING PERMISSION
APPENDIX 1
7
8
9
10
11
12
13
14
COPIES OF OBJECTIONS/REPRESENTATIONS
APPENDIX 2
15
16
Comments for Planning Application 2019/0639/TP
Application Summary
Application Number: 2019/0639/TP
Address: 66A Stamperland Gardens Clarkston East Renfrewshire G76 8HG
Proposal: Erection of two storey side extension and single storey front extension
Case Officer: Ms Fiona Morrison
Customer Details
Name: Mr Graham Keany
Address: 1A Moray Drive, Clarkston, East Renfrewshire G76 8NW
Comment Details
Commenter Type: Rec'd NeighbourNotification from Council
Stance: Customer objects to the Planning Application
Comment Reasons:
Comment:1 I am concerned that the rear corner of the proposed extension appears to reach the
pavement and also looks to be less than 1 meter from the pavement at another point and I believe
this is contrary to ERC guidelines. It is also out of keeping with the area to have a house built right
up to the pavement in this way and I know of no other example in Stamperland of an extension
being so close to the pavement.
2 66A was itself a new build onto the original 66 Stamperland Gardens and the further extension
looks to be an overdevelopment of the original site - which was originally part of the garden of 66
Stamperland Gardens.
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18
REVIEW STATEMENT
APPENDIX 3
19
20
REPORT OF HANDLING Reference: 2019/0639/TP Date Registered: 4th October 2019
Application Type: Full Planning Permission This application is a Local Development
Ward: 4 -Clarkston, Netherlee And Williamwood
Co-ordinates: 257789/:657692
Applicant/Agent: Applicant:
Mrs L Haig
66A Stamperland Gardens
Clarkston
Glasgow
Scotland
G76 8HG
Agent:
BM PLAN AND DESIGN
144 MORAINE DRIVE
BLAIRDARDIE
GLASGOW
SCOTLAND
G15 6JD
Proposal: Erection of two storey side extension and single storey front extension
Location: 66A Stamperland Gardens
Clarkston
East Renfrewshire
G76 8HG
CONSULTATIONS/COMMENTS: None. PUBLICITY: None. SITE NOTICES: None. SITE HISTORY: 2002/0663/TP - Alterations to existing roof, subdivision of plot and erection of end-terraced dwellinghouse – Approved subject to conditions – 10.12.2002 REPRESENTATIONS: 1 representation has been received and can be summarised as follows: Overdevelopment of the site. DEVELOPMENT PLAN & GOVERNMENT GUIDANCE: See Appendix 1 SUPPORTING REPORTS: No reports have been submitted for consideration as part of this application.
ASSESSMENT: The site comprises an end terrace property that is situated within a residential area containing a mix of house types. The property was built following the approval under planning application 2002/0663/TP for the sub-division of the plot and the erection of an end-terrace dwellinghouse. The site slopes down towards the rear and as a result the property has an element of underbuilding at the rear. Timber fencing encloses the garden ground at the side and rear and there is currently a raised timber deck that allows access from the property into the rear garden.
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The proposal is for a single storey extension at the front of the property and a two storey side extension that will provide a porch, sitting room and additional kitchen space on the lower floor and a bedroom with en-suite bathroom on the upper floor. Projecting 1.7m beyond the front elevation of the house the single storey extension will have a width of approximately 5.7m and a return of approximately 2m.The two storey side extension measuring 3.1m in width will extend approximately 7m along the side of the property narrowing to approximately 2.5m in width at the rear. The proposed external materials are to match the existing. The proposal has to be assessed against Policies D1 and D14 of the adopted Local Development Plan and Supplementary Planning Guidance on Householder Design (SPG). ` Policy D1 requires that all development should not result in a significant loss of character to the surrounding area and Policy D14 requires that extensions should complement the character of the existing building in terms of its style, form and materials. Any development must not have an adverse impact on the amenity of neighbouring properties through restricting daylight or privacy. General principles set out within the SPG require that extensions should not dominate or overwhelm the original form or appearance of the house and no extension (other than a porch) should project beyond the principal elevation of the house. More specific guidance requires that side extensions should be no more than 50% of the frontage of the original house; should be set back 0.5 metres from the front elevation of the original house and set back at least 1m from the side boundary. The Proposed Local Development Plan 2 is also material consideration and with regard to this planning application, the relevant policies are considered to be D1 and D1.1. The aforementioned policies largely reflect the adopted Local Development Plan policies. Overall the proposal by way of its scale and design would dominate and overwhelm the existing property to the detriment of its character and appearance. The single storey extension at the front of the property by way of its size and scale is considered to represent an incongruous addition to the property and the streetscape. The extension at the side of the property slightly exceeds 50% of the original frontage of the house which in itself does not justify refusing the application however the proximity of the extension to the boundary results in a setback of less than 300mm at certain points. This is contrary to the specific terms of the SPG and contributes towards the unacceptable impact of the proposal on the character and amenity of the area. Given the design of the extension and its orientation in relation to the adjacent properties, the proposal would not give rise to an additional degree of overlooking or overshadowing to an extent that would justify a refusal of the application on those grounds. Nevertheless, the scale of the proposal is significant and not considered appropriate for the property and its curtilage. For these reasons, it is considered that the proposal would overwhelm and dominate the original form of the property and will have a consequent detrimental impact on the property and the character of the surrounding area. Overall conclusion It is considered that the proposal is unacceptable in policy terms and that there are no material considerations that outweigh the adopted Local Development Plan or the Proposed Local Development Plan. It is recommended that planning permission is refused. RECOMMENDATION: Refuse PLANNING OBLIGATIONS: None.
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REASONS FOR REFUSAL:
1. The proposal is contrary to Policy D1 of the adopted East Renfrewshire Local Development Plan as the proposed single storey front extension and two storey side extension would be an incongruous addition to the property that would be detrimental to visual amenity as a result of its design.
2. The single storey front and two storey side extension is contrary to Policy D14 of
the adopted East Renfrewshire Local Development Plan as it would introduce a built form that is incongruous to the existing, dominate the appearance of the property and create a built form that would detract from the character and appearance of the area.
3. The single storey front extension and two storey side extension is contrary to the
terms of the Supplementary Planning Guidance: Householder Design Guide as it does not comply with the general principles and the specific guidance contained therein as: the single storey front extension projects beyond the principal elevation of the house; the two storey side extension exceeds 50% of the frontage of the original house; is not set back at least 0.5m from the front elevation of the original house; and is not set back at least 1m from the side boundary.
ADDITIONAL NOTES: None. ADDED VALUE: None BACKGROUND PAPERS: Further information on background papers can be obtained from Ms Fiona Morrison on 0141 577 3895. Ref. No.: 2019/0639/TP (FIMO) DATE: 16th December 2019 DIRECTOR OF ENVIRONMENT Reference: 2019/0639/TP - Appendix 1
DEVELOPMENT PLAN:
Strategic Development Plan
This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Strategic
Development Plan and therefore the East Renfrewshire Local Plan is the relevant policy
document
Adopted East Renfrewshire Local Development Plan
Policy D1
Detailed Guidance for all Development
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Proposals for development should be well designed, sympathetic to the local area and
demonstrate that the following criteria have been considered, and, where appropriate, met. In
some cases, where the criteria have not been met, a written justification will be required to assist
with assessment.
1. The development should not result in a significant loss of character or amenity to the
surrounding area;
2. The proposal should be of a size, scale, massing and density that is in keeping with the
buildings in the locality and should respect local architecture, building form, design, and
materials;
3. The amenity of neighbouring properties should not be adversely affected by unreasonably
restricting their sunlight or privacy. Additional guidance on this issue is available in the
Daylight and Sunlight Design Guide Supplementary Planning Guidance;
4. The development should not impact adversely on landscape character or the green
network, involve a significant loss of trees or other important landscape,
greenspace or biodiversity features;
5. Developments should incorporate green infrastructure including access, landscaping,
greenspace, water management and Sustainable Urban Drainage Systems at the outset
of the design process. Where appropriate, new tree or shrub planting should be
incorporated using native species. The physical area of any development covered
by impermeable surfaces should be kept to a minimum to assist with flood risk
management. Further guidance is contained within the Green Network and
in part without the consent in writing of BM Plan and Design
AutoCAD SHX Text
or disclosed to any unauthorised person, either wholly or
AutoCAD SHX Text
Copyright is reserved by them and the drawing is issued
AutoCAD SHX Text
on the condition that it is not copied, reproduced, retained
AutoCAD SHX Text
This drawing is the property of BM Plan and Design
AutoCAD SHX Text
This drawing is for the purpose of PLANNING/BUILDING CONTROL APPROVAL ONLY. Any construction carried out directly from these drawings is outside the responsibility of the authors. Any discrepamcy contained within these drawings is to be reported immediately.
in part without the consent in writing of BM Plan and Design
AutoCAD SHX Text
or disclosed to any unauthorised person, either wholly or
AutoCAD SHX Text
Copyright is reserved by them and the drawing is issued
AutoCAD SHX Text
on the condition that it is not copied, reproduced, retained
AutoCAD SHX Text
This drawing is the property of BM Plan and Design
AutoCAD SHX Text
This drawing is for the purpose of PLANNING/BUILDING CONTROL APPROVAL ONLY. Any construction carried out directly from these drawings is outside the responsibility of the authors. Any discrepamcy contained within these drawings is to be reported immediately.
in part without the consent in writing of BM Plan and Design
AutoCAD SHX Text
or disclosed to any unauthorised person, either wholly or
AutoCAD SHX Text
Copyright is reserved by them and the drawing is issued
AutoCAD SHX Text
on the condition that it is not copied, reproduced, retained
AutoCAD SHX Text
This drawing is the property of BM Plan and Design
AutoCAD SHX Text
This drawing is for the purpose of PLANNING/BUILDING CONTROL APPROVAL ONLY. Any construction carried out directly from these drawings is outside the responsibility of the authors. Any discrepamcy contained within these drawings is to be reported immediately.