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Consideration was given to a Notice of Review in respect of the Planning Authority’s
decision to refuse planning permission for the conversion of workshop to form a new
dwelling house with direct access at Bankview, Station Road, Howwood,
Johnstone PA9 1AY (21/1456/PP)
Preliminary Matters
The Independent Legal Adviser informed members of the LRB that there were
two preliminary matters to be dealt with prior to considering the specifics of the
Notice of Review LRB01.22 in that (a) the Applicant had submitted letters of
support for the proposal and (b) the proposal had been amended, in relation to
vehicular access, following consideration by the Planning Officer who had made the
original decision.
It was highlighted that the letters of support had not been before the Planning
Officer when the decision, which was under review by the LRB, was made and in a
review, no party was entitled to raise new matters unless they could
demonstrate either (a) that the matter could not have been raised before that time,
or (b) that the matter not being raised before that time was a consequence
of exceptional circumstances. As a result, the letters of support had not been
circulated to members of the LRB prior to the meeting.
The Applicant had asked for the letters of support to be considered by the LRB and
had provided an explanation. Having heard the explanation, the LRB decided to allow
the letters to be considered as part of the review.
It was noted that the amendment to the planning proposal was referenced in the
Notice of Review documentation and had been included in the paperwork circulated to
members prior to the meeting. No specific reason had been provided as to why it
should be considered as a new matter however it was suggested that the amendment
had been proposed as a consequence of the original planning decision. Members
were advised that in the event that they did not accept that the proposed amendment
to the application justified consideration as a new matter then the information was to
be disregarded. The LRB decided not to allow the proposed amendment to the planning application to be considered as part of the review.
Adjournment
The meeting adjourned at 2.11pm and reconvened at 2.21pm.
The following materials were before members in relation to the Notice of Review:
(i) Planning Authority’s Submissions which included the report of handling, accompanying documents and decision notice;
(ii) The Notice of Review, together with productions submitted by the applicant; and
(iii) Letters of support submitted and agreed by the LRB to be considered as new
material.
The Convener confirmed that the LRB required to decide whether it had sufficient
information before it to make a decision on this matter or whether further procedure
was required to allow the LRB to determine Planning Application 21/1456/PP. It was
agreed that the LRB had sufficient information before it to reach a decision.
The Convener then advised that the LRB must determine the application in
accordance with the provisions of the development plan, including any supplementary
guidance, unless material considerations indicated otherwise.
There then followed a general discussion in relation to the Notice of Review.
The independent Planning Adviser outlined suggested conditions, to be attached
should planning permission be granted, together with reasons for these conditions.
Councillor McNaughtan, seconded by Councillor Andy Doig, moved that
the application be granted, subject to the conditions suggested as the proposed
development would follow or respect the established pattern of development within
the area and would not be detrimental to amenity, and that accordingly the proposal
accords with the provision of Policy P1, and the Draft New Supplementary
Guidance contained within the Adopted Renfrewshire Local Development Plan.
There were no material considerations which outweighed the presumption in favour
of development according with the Development Plan.
Councillor Nicolson, seconded by Councillor McGurk, moved as an amendment that
the application be refused for the reasons detailed in the report of handling prepared
by the Planning Case Officer and included within the papers circulated prior to the
meeting.
On the roll being called, the following members voted for the amendment: Councillors McGurk and Nicolson.
The following members voted for the motion: Councillors Binks, Andy Doig, and
McNaughtan.
3 members having voted for the motion and 2 members having voted for the
amendment, the motion was declared carried.
DECIDED: That Planning Application 21/1456/PP be granted, subject to the following
conditions and reasons:
(a)That prior to the commencement of development, full details of external finishes,
boundary treatments, shall be submitted to, and approved in writing by Renfrewshire
Council as Planning Authority. Thereafter only the approved materials shall be used in
the development of the site.
Reason: These details have not been submitted.
(b) That prior to the occupation of the dwellinghouse hereby approved, parking as
per National Roads Development Guide, shall be formed and thereafter maintained to
the satisfaction of Renfrewshire Council as Planning Authority.
Reason: To ensure that adequate parking is provided.
Informative: The applicant is advised that no part of the development should impact
on the footpath that runs adjacent to the shared access.