Development Management List of Delegated Decisions - 6Th March 2020

Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 6th March 2020

The following decisions will be issued under delegated powers unless any Member requests that an application is reported to the Development Management Committee for determination. Such requests must be made on the attached form, which should be completed and sent for the attention of the Development Management Manager to [email protected] no later than 12 Noon, 7 days from the date of this list.

Ref. No.: 1249/H/19 Recommendation: Refuse Permission Proposal: Erection of dormers to side Address: 3 Newpark Mews,Bellsquarry, West Lothian, EH54 9GX, (Grid Ref: 304824,664787) Applicant: Mr David Cowan Type: Local Application

Ward: Livingston South Case Officer: Rachael Lyall Summary of Representations

N/A

Officers report

This planning application proposes the erection of a side dormer to the property at 3 Newpark Mews, Bellsquarry.

The existing property is a traditional building which has been designed for individuality within the Bellsquarry area. The proposed works consist of a typical dormer extension on the east facing elevation which is to consist of a gabled pitch roof construction. The proposed dormers roof, cheeks and front elevation are all to be finished with a natural slate to match that of the existing roof.

This proposed dormer does not relate to the character of the existing building or the existing dormer with regard to the design and will result in a detrimental impact on the charcater and appearance of the property. Any works which proposes the installation of windows within this property should consider the style, material and proportion of the existing property and windows in order to allow for an integral design.

This application is therefore contrary to policy DES1 (Design Principles) of West Lothian Councils adopted Local Development Plan and West Lothian Council's House Extension and Alteration Guidelines, 2015.

Therefore it is recommended that the application is refused.

Page 1 of 7 Meeting Date: 17 June 2020 Ref. No.: 1264/H/19 Recommendation: Refuse Permission Agenda Item 9 Proposal: House extension and temporary container location

Address: Easdale,Bathgate, West Lothian, EH47 7BW, (Grid Ref: 300727,667456) Applicant: Mr Morgan Brown Type: Local Application

Ward: Whitburn & Blackburn Case Officer: Rachael Lyall Summary of Representations

One Objection -

- Existing outbuildings/development on site, - Location of temporary container, - Traffic safety and visual obstruction, - Increased traffic, - Safety and privacy issues, - Size of proposed extension and workshop, - Use/purpose of proposed development.

Officers report

This application proposes the erection of a workshop, the temporary siting of a container and an extension to the property located at Easdale, Bathgate.

The proposed extensions are to be erected on each side of the existing house and will project forward of the main building line. West Lothian Council's House Extension and Alteration Design Guidelines state that ''side extensions should not generally project in front of the principal elevation of the existing building''. This will result in the proposed works appearing prominent within the street and will significantly impact the visual amenity of the area.

Revised plan were submitted which demonstrated a change in length to the front driveway in order to allow for a larger driveway, which resulted in the extension being slightly decreased in size. Although, the proposed works are still out of scale in comparison to the existing house.

The internal floor area of the existing property currently measures 164m2. The gross internal area of the property once development has been completed will be 386.4m2, resulting in the property almost doubling in size. These proposed works are of a domineering size which will result in overdevelopment of the plot. The proposed workshop is to be located to the rear (south) of the property and is to measure 12m x 10m and will measure 4.650m in overall height to the proposed ridgeline with a gross internal area of 120m2, again reducing the amount of usable garden ground left within the plot.

Additionally, the existing house is to be down taken and re-built during certain phases of the works, which will result in an extension which shows no consideration to the existing property and will not allow for the proposed extension to appear subsidairy. Page 3 of 7 Meeting Date: 17 June 2020 Agenda Item 9 Therefore, this application is contrary to policy DES1 (Design Principles) of West Lothian Councils adopted Local Development Plan and West Lothian Council's House Extension and Alteration Guidelines, 2015. It is recommended that the application is refused.

Page 4 of 7 Meeting Date: 17 June 2020 Ref. No.: 0067/FUL/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Erection of six mosaic display panels, an interpretive board, landscaping and associated works Address: The Vennel,Opposite 129 High Street, Linlithgow, EH49 7AJ, (Grid Ref: 300487,677133) Applicant: Mr Ronald P. A Smith Type: Local Application Linlithgow Burgh Trust Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

Two representations have been made. One raises concern over the tree previously on the site not being replaced; an inappropriate place given the Vennel may be re-developed and a better permanent location should be found; over ornate and an expensive design solution for a poor quality area; potential for vandalism. The second representation raised points which are not of a material planning consideration.

Officers report

The proposal is for the installation of 6 No. 1m by 80cm mosaic panels and a similarly sized interpretive board on an area of public open space at The Vennel, to the north side of the High Street. The site contained a single tree which has previously been removed and is now vacant open space. The 6 display panels will be designed by each of the town's primary schools with a theme of climate change, and arranged in a semi-circle facing east. While the rear of the panels will be blank, this gives the opportunity for further future art work to be displayed. The area behind the panels and adjacent to the existing perimeter wall will be landscaped with a floral border. The panels will be designed to allow relocation should plans for the re-development of The Vennel commence. The use of this location off High Street for the siting of the proposed mosaic panels is appropriate and will add an element of interest to this currently under utilised space. The proposed planting behind the display will also improve the visual amenity of the area. Recommendation is therefore to grant planning permission.

Page 5 of 7 Meeting Date: 17 June 2020 Ref. No.: 0105/P/20 Recommendation: Refuse Planning PermissionAgenda in Principle Item 9 Proposal: Planning permission in principle for the erection of a house Address: 88 Pumpherston Road,Uphall Station, West Lothian, EH54 5PJ, (Grid Ref: 306315,669978) Applicant: Mr Heatlie Type: Local Application

Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations

One objection:

- Impact on privacy; - Loss of sunlight; - Traffic impact.

Officers report

The application seeks planning permission in principle for the erection of a house in the rear garden of 88 Pumpherston Road. It is proposed to use the existing driveway as a shared driveway for access to the proposed house.

The spatial pattern of development in the area is one of a linear pattern of development along Pumpherston Road with properties set at 90 degrees to the road. Most properties are single storey houses with a road frontage, often with loft conversions, which have long gardens. The proposal is for a tandem development - one house behind another with a shared driveway and no road frontage. There has been a tandem development built at 90 and 90A Pumpherston Road immediately adjacent the application site. This is an anomaly to the prevailing spatial pattern of development. In this case, backland development is not a spatial characteristic of the surrounding area and the proposed house would not integrate with the local context and built form. The proposal is contrary to Policies HOU 3 (a) and DES 1.

The applicant's supporting statement makes reference to previous decisions for the granting of planning permission for what is now 90A Pumpherston Road (application reference: 0128/FUL/00) and at 145 Pumpherston Road (application reference: 0186/FUL/07). These decisions were made under previous policies and do not reflect and are not representative current planning practice. Another decision in Blackridge (application reference: 0218/P/18) is also referenced. This example is in a different part of West Lothian and is not strictly tandem development due to fronting a path. It should noted that precedent is not a material planning consideration. These decisions hold no weight in the determination of this application.

In summary, the application will result in an unacceptable break from the spatial pattern of development in the area. It is therefore recommended that planning permission in principle is refused.

Page 6 of 7 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 13th March 2020

Ref. No.: LIVE/0049/FUL/16 Recommendation: Refuse Permission Proposal: Erection of 87 flats and houses (as amended from 99) with associated roads and landscaping (grid ref. 302490 666992) Address: Kirkton North, Livingston,, , , (Grid Ref: ,) Applicant: Type: Major Application BDW Trading Ltd Ward: Livingston North Case Officer: Wendy McCorriston Summary of Representations

N/A

Officers report

A "Minded to Grant" decision in respect of this application was issued by the council on 2 October 2017. This was issued on the basis that the applicant agreed to enter into a legal agreement to meet the necessary developer contributions and affordable housing land transfer requirements. The decision to grant the application was therefore subject to the applicant entering into a planning obligation with the council.

It is now almost 2 and a half years since this application was "Minded to Grant" and the applicant has not progressed with any form of planning obligation.

After such a lapse in time and the number of changes that have taken place in planning policy, including the adoption of the West Lothian Local Development Plan, new planning guidance and a new Planning Act it would not be appropriate to issue the permission on the basis of the previous position, particularly without there being any progress on the legal agreement/planning obligations for the site.

As no progress has been made in terms of the planning obligation requirements the application is contrary to Policy INF1 (Infrastructure Provision and Developer Obligations) and Policy HOU4 (Affordable Housing) of the adopted West Lothian Local Development Plan, 2018 and refusal is recommended.

Page 1 of 6 Meeting Date: 17 June 2020 Ref. No.: 1026/FUL/18 Recommendation: Refuse Permission Agenda Item 9 Proposal: Erection of 65 houses (varied from original 67 houses) with associated access, SUDS, open space and landscaping Address: Site K,Mossend , West Calder, EH55 8PV, (Grid Ref: 305280,667171) Applicant: Walker Group (Scotland) Ltd Type: Local Application

Ward: Fauldhouse & The Breich Valley Case Officer: Tony Irving Summary of Representations

None

Officers report

The application site forms part of the CDA at West Calder and is part of allocated housing site WC-4. The proposed layout and design is satisfactory and other technical issues have been resolved.

The applicant does not propose any on-site affordable housing, instead proposing the 25% affordable requirement on greenfield land to the north of Westwood View. That land is not allocated for development and lies outwith the settlement boundary of West Calder. This affordable housing proposal is subject of application 1027/P/18 and is subject to a recommendation to refuse.

As there is no acceptable proposal for affordable housing, this 65 house residential development proposal cannot be supported and is contrary to policy HOU 4 (affordable housing) of the West Lothian Local Development Plan.

It is thus recommended that planning permission be refused.

Page 2 of 6 Meeting Date: 17 June 2020 Ref. No.: 1027/P/18 Recommendation: Refuse Planning PermissionAgenda in Principle Item 9 Proposal: Planning permission in principle for residential development Address: Site Y4,Mossend, West Calder, EH55 8PV, (Grid Ref: 305280,667171) Applicant: Walker Group (Scotland) Ltd Type: Local Application

Ward: Fauldhouse & The Breich Valley Case Officer: Tony Irving Summary of Representations

9 objections were received.

Site within the countryside and not allocated for housing. Adverse impacts on exisiting housing at Westwood View. Adverse traffic impacts. Affordable housing should not be pushed to outskirts of the development. Lack of public transport to the development. Adverse impacts on schools.

Officers report

The application site is adjacent to the CDA at West Calder but lies outwith the settlement boundary of West Calder on land designated as part of the countryside belt.

The proposal is to use the site to provide the affordable housing requirement in relation to the applicant's other proposal for private housing on land to the east of Mossend Road that is subject to planning application 1026/FUL/18. That application is subject of a recommendation to refuse.

As the site is within the countryside and there is no justification for its development for housing, the proposal cannot be supported and is contrary to policy ENV 3 (housing development in the countryside) and ENV 7 (countryside belts) of the West Lothian Local Development Plan.

It is thus recommended that planning permission be refused.

Page 3 of 6 Meeting Date: 17 June 2020 Ref. No.: 0078/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Erection of a house with associated works Address: Conifera,43 Ecclesmachan Road, Uphall, West Lothian, EH52 6JP (Grid Ref: 305944,672392) Applicant: Mr W Fraser Type: Local Application

Ward: Broxburn, Uphall & Winchburgh Case Officer: Matthew Watson Summary of Representations

Two objections:

- Loss of privacy and overlooking - Loss of trees and wildlife habitat - Access issues due to change in height between the road and site and visibility problems - Design and materials are not sympathetic to the setting of a listed building or the conservation area

Officers report

The application proposes the subdivision of the plot at 43 Ecclesmachan Road and the erection of a house with associated works. The site is located at a higher ground level than Ecclesmachan Road. The site is located within Uphall Conservation Area.

In terms of principle, residential use is compatible with existing uses and the site is not designated for other land uses. However, the proposal does not conform to other LDP policies, as outlined below, and is therefore contrary to Policy HOU 3 (i).

In terms of spatial character this part of the Uphall Conservation Area is characterised by expansive plots on the west of Ecclesmachan Road. The proposed house is located on the south side of the existing house where the existing garden is situated. The plot created is smaller and is a break from the spatial character of the area. This will have a negative impact on the character of the conservation area at this point. The proposal is contrary to policies ENV 24 and DES 1 in this respect.

There is no information on proposed ground levels and how the proposed house would sit within the site. In the absence of such information, an accurate assessment of the impact on privacy and overlooking cannot be carried out and the proposal is contrary to Policy DES 1 of the LDP, in terms of impact on residential amenity.

Transportation has recommended refusal on the basis of the proposed access being directly opposite a road junction, adequate visibility splays not being achieved and pedestrians having to cross a road at a junction with no footway. The proposal is contrary to Policy TRAN 1 of the LDP.

Consequently, and in view of the above, it is recommended that planning permission is refused.

Page 4 of 6 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 20th March 2020

Ref. No.: 0003/FUL/20 Recommendation: Refuse Permission Proposal: Change of use from public open space to private garden ground, formation of driveway and erection of a garage Address: 12 Hardhill Terrace,Bathgate, West Lothian, EH48 2DD, (Grid Ref: 295927,668392) Applicant: Douglas Smith Type: Local Application

Ward: Bathgate Case Officer: Rachael Lyall Summary of Representations

N/A

Officers report

This planning application proposes the change of use of a open public space to private garden ground along with the formation of driveway and erection of a garage at 12 Hardhill Terrace, Bathgate.

A footpath and open space currently located to the North-West side of the existing property, is proposed to be changed to private garden ground in order to allow for a formation of a driveway using permeable block or equal. the proposed driveway is to measure 3.3m in width and 8.0m in length. A garage is proposed to also be erected to the side of the existing house which is to measure 9.0m x 4.8m and is proposed to be 2.79m in overall height.

Currently, there is a speed limit sign and lamppost located at the proposed end of the driveway on the existing footpath. Both of these would require to be relocated in order to allow for a clear visibility splay and to avoid any impact on traffic and pedestrian safety. Additionally, a fence which is erected within the open public space would require to be removed and also relocated before any change of use was implemented. It should also be noted that the consultation comment from Road and Transporation has also recommended that the application is refused, as it is premature to allow a driveway at this location in advance of traffic calming measures which are to be installed as part of a planning consent for a neighbouring site.

This proposal does not demonstrate an convenient driveway access or an appropriate change of use, primarily because of the loss of public open space which currently contributes positively to the surrounding area. Therefore, the proposal is contrary to policy DES 1 and policy ENV21 of West Lothian Council's Local Development Plan. It is recommended that the application is refused.

Page 1 of 4 Meeting Date: 17 June 2020 Ref. No.: 0013/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Two storey extension to house Address: 22 Academy Place,Bathgate, West Lothian, EH48 1AS, (Grid Ref: 298009,668579) Applicant: Mr & Mrs Diment Type: Local Application

Ward: Bathgate Case Officer: Rachael Lyall Summary of Representations

One Objection - - Impact on natural lighting.

Officers report

This planning application proposes a two-storey extension to the rear of the property at 22 Academy Place, Bathgate.

The proposed rear extension is to measure 2.910m x 3.000m and will increase the height of the side garage to 8.200m. Although the ridgeline of the proposed extension will still sit below the ridgeline of the existing house. Additionally, the pitch proposed for the gable roof of extension and the external materials are to match that of the existing house.

An overshadowing calcuation shows that the proposed extension will not overshadow any neighburing properties. The extension will not directly overlook any surrounding properties and will not cause any detrimental effect on the privacy of neighbours or the visual amenity of the existing property due to the works being located to the rear and away from the streetscene.

Page 3 of 4 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 27th March 2020

Ref. No.: 0313/FUL/19 Recommendation: Grant Planning Permission Proposal: Subdivision, alteration and extension of existing building to form garden flat Address: West Port House,Preston Road, Linlithgow, West Lothian, EH49 7AX (Grid Ref: 299653,677028) Applicant: Mr Charles McCullagh Type: Local Application Equity Bridge Property Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

There have been 3 objection relating to:

Proposals out of character with the building; Impact on tree; Impact on character of listed building.

Officers report

The proposal is to construct a 35sqm extension of traditional style on the south side of West Port House, a category A listed building. The proposed building will incorporate a bedroom, bathroom and kitchen and be finished in an appropriate wet dash render, natural slate roof and timber windows. The extension will be connected to West Port House by a glass link corridor, reducing any physical alterations to West Port House. The vacant rooms in West Port House will be converted to a lounge and further bedroom. An additional window will be provided in the north elevation. The proposed extension does not impact on the High Street Conservation Area elevation.

A tree survey and building method statement has been provided with a foundation scheme designed to limit any impact on the tree on the site. This has been reviewed by the council's arborist who has concluded that the approach is acceptable to protect the tree. Historic Environment Scotland commented that the proposed development is a considerable improvement over previous schemes, the works would not have a significant impact on the buildings significance as a category A listed building and are content for the application to progress. Transportation has raised no objections to the application.

Recommendation is therefore to grant planning permission subject to conditions and developer contributions. Page 1 of 12 Meeting Date: 17 June 2020 Ref. No.: 0314/LBC/19 Recommendation: Grant Listed Building ConsentAgenda Item 9 Proposal: Listed Building Consent for the subdivision, alteration and extension of existing building to form garden flat Address: West Port House,Preston Road, Linlithgow, West Lothian, EH49 7AX (Grid Ref: 299653,677028) Applicant: Mr Charles McCullagh Type: Other Equity Bridge Property Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

There are 3 objections relating to:

Impact on protected tree, Impact on West Port House, Lack of additional parking.

Officers report

The proposal is to construct a 35sqm extension of traditional style on the south side of West Port House, a category A listed building. The proposed building will incorporate a bedroom, bathroom and kitchen and be finished in an appropriate wet dash render, natural slate roof and timber windows. The extension will be connected to a vacant part of West Port House by a glass link corridor, setting the extension as an out building and reducing and physical alterations to West Port House. The 2 vacant rooms, currently in a poor condition and used as storage, will be converted to a lounge and further bedroom. An additional window will be provided in the north elevation.

Historic Environment Scotland has commented that the proposed development is a considerable improvement over previous schemes; works will not have a significant impact on the building's significance as a category A listed building and is content for the application to progress. Transportation has raised no objections.

The recommendation is to grant listed building consent.

Page 3 of 12 Meeting Date: 17 June 2020 Ref. No.: 1043/MSC/19 Recommendation: Grant Matters Specified in ConditionsAgenda Item 9 Proposal: Approval of matters specified in conditions of planning permission 1012/P/05 for the erection of 64 flats and houses with roads, parking, landscaping and associated works. Address: Block Q1S,Land West Of Canal, Winchburgh, West Lothian, (Grid Ref: 308560,675253) Applicant: Type: Other J Smart & Co (Contractors) Plc + Winchburgh Developments ... Ward: Broxburn, Uphall & Winchburgh Case Officer: Wendy McCorriston Summary of Representations

One objection received. The material grounds of objection are :

-Height and massing -Impact on residential amenity -Impact on the canal Following re-notification of the amended scheme no further comments were received.

Officers report

This application is for the erection of 14 two storey houses and 50 flats to the north of the existing Sainsbury's in Winchburgh and south of the approved canal basin/marina. The site falls from south to north down to the proposed canal basin. The flats are in two blocks rising from three to four storeys. The four storey element is situated adjacent to the canal basin at the lower part of the site.

The buildings are situated around an internal landscaped parking courtyard. The houses have individual gardens. The materials are a mix of brick, render and tiles. The flatted blocks have a flat roof and are designed to sit alongside the existing flats to the west which are of a similar scale. There have been some adjustments to the design and layout to reduce the massing adjacent to footpaths and the canal basin and to comply with the requirements of Transportation and Waste Management. There are some clarifications awaited with regard to the drainage proposals, however, all other technical aspects, including contamination, have been addressed.

The proposal is of a modern, high quality design which, as amended, will relate well to its canal side setting and conforms to the design principles of the approved Winchburgh Master Plan and DES1 (Design Principles) of the adopted LDP.

There is one objection from a resident across the canal to the east, concerned about the scale and massing of the flatted elements. Following the amendments the objector was renotified, but no further comments were received. The proposed site is over 30m from the small group of houses on the east side of the canal. All privacy and overshadowing standard are met and the proposal will not be detrimental to the residentail amenity of these properties.

The proposal accords with the development plan and approval, subject to conditions covering drainage and materials, is recommended. Page 4 of 12 Meeting Date: 17 June 2020 Ref. No.: 1077/H/19 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Erection of a double garage Address: Hetherington,10 James Street, Armadale, West Lothian, EH48 3JG (Grid Ref: 293654,668424) Applicant: Mr Ian McDonald Type: Local Application

Ward: Armadale & Blackridge Case Officer: Rachael Lyall Summary of Representations

Five objections: - Use and scale of development, - Noise from construction works, - Loss of privacy, - Loss of visual amenity, - Flooding/Drainage, - Loss of landscaping/trees/shubbery, - Loss of natural lighting/overshadowing.

Officers report

This planning application proposes the erection of a double garage at the property located at 10 James Street, Armadale.

The double garage is proposed to be located within what was previously an area for landscaping and shrubbery in which the landscaping has now been removed by the applicant to allow space for the development. The storey and a half garage is to consists of a double garage doors on the South Elevation along with the installation of several Velux roof lights in the first floor accommodation. The windows proposed within the North elevation on both the ground floor and first floor, will be opaque glazed in order to prevent any direct overlooking.

The proposed site is screened with boundary walls which vary between 1.6m and 2.1m in height as well as being screened by landscaping and greenery, reducing any impact on the privacy of neighbours. It should also be noted that the nearest property is located approximately 17m away from the proposed development.

The proposed development is to measure 5.445m in height to the ridgeline. The materials proposed are to be a natural masonry stone for the South elevation and base course with an 'off-white' external render on the remaining elevations.

A previous application (0501/H/19) was submitted which demonstrated the erection of a two storey extension to the existing house and the erection of a double garage. The application was withdrawn due to a number of objection. The proposal was reconsidered and re-submitted. The current proposal only demonstrates the works for a double garage with ancillary accommodation. The proposed double garage has been revised and significantly reduced in scale and mass. The height has been reduced from 6.600m to 5.445m and the external staircase has been incorporated into the internal layout to reduce the mass even more. Page 6 of 12 Meeting Date: 17 June 2020 Agenda Item 9 Although, this planning application proposes a development of a larger scale, the plot is of a sufficient size itself. The overshadowing calculation shows that the existing boundary walls and landscaping which screens the site, currently overshadows the site and areas of the neighbouring properties. Therefore, any additional overshaodwing which is caused by the development will not significantly impact the neighbouring properties. A condition will also be attached which will restrict the use of the proposed development and the accommodation shall remain ancillary to the existing house in perpetuity.

Page 7 of 12 Meeting Date: 17 June 2020 Ref. No.: 0104/H/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Proposed decking to rear of property Address: 4 Burnhouse Drive,Dechmont, West Lothian, EH52 6NA, (Grid Ref: 304150,671011) Applicant: Mr & Ms Murdoch Gall Type: Local Application

Ward: Broxburn, Uphall & Winchburgh Case Officer: Rachael Lyall Summary of Representations

One objection -

- Impact on residential amenity, - Impact on privacy, - Overlooking.

Officers report

This planning application proposes the formation of a decking to the rear of the property located at 4 Burnhouse Drive, Dechmont.

A previous application (0949/H/19) was submitted which also demonstrated the formation of a raised decking along with internal alterations and the erection of a front porch. The previous application granted planning permission for the fount porch only and did not support the proposal for the raised decking to the rear. This was due to the proposed decking and alterations on the rear elevation, resulting in direct overlooking and significantly impacting the privacy of neighbours. The proposed decking was also classed as over-development due to the size and scale.

The current application, proposes a much smaller decking which is to measure 1.6m x 3.2m and will sit 0.960m from ground level. Double glazed patio doors are to open out onto the decking.

The existing rear garden currently provides insufficient screening between neighbouring properties. The proposed raised decking will directly overlook neighbouring properties due to this factor. Although the installation of the patio doors can be installed without the need for planning permission, it should be taken into consideration that the fully glazed patio doors will additionally impact the privacy of neighbours. The current application demonstrates that although the decking has been reduced in size, the cumulative effects of overlooking will still cause a significant and detrimental effect on the privacy of neighbours.

Therefore, this proposal is contrary to West Lothian Council's Local Development Plans's Design Principles (DES1) Policy and the guidance given on House Extension and Alteration Design. It is recommended that this application is refused planning permission.

Page 8 of 12 Meeting Date: 17 June 2020 Ref. No.: 0117/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Erection of a house Address: 3 Calder House Road,Mid Calder, West Lothian, EH53 0JZ, (Grid Ref: 306582,667045) Applicant: Mr E Miller & Ms M Gatensby Type: Local Application

Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations

Two objections :

- Detrimental impact on visual amenity from the enclosure of an area of open space that contributes positively to the character of the street - Impact on the streetscene from a 6 ft fence in a prominent location that extends well beyond the front elevation of the new house - Impact on parking with the driveway access across a parking bay, thereby reducing the number of on-street spaces - The driveway does not meet minimum standards for depths - The proposal is contrary to policies DES1 and HOU3 in the local development plan due to the physical constraints of the site and the negative impacts it would have on the amenity of the surrounding area - There is a history of WLC rejecting 6 ft fencing and a driveway at this property

Officers report

The application proposes the subdvision of a plot and erection of a house on land at 3 Calder House Road. The proposed house would form an end terrace. The main garden space is proposed to the side of the house with a 1.8 metre high fence fronting Calder House Road.

Policy HOU 3 (a) of the West Lothian Local Development Plan (LDP) supports housing development within settlement boundaries where development is in keeping with the character of the settlement.

Policy DES 1 of the LDP requires development to be integrated with its local context and built form.

The character of the local area is one of terraced housing set around landscaped areas. There is an open character to these areas of landscaping. Low boundary fences face onto Calder House Road. Gardens are set to the rear of houses in the terraces.

The proposal would enclose an area of what is currently open space. This area proposed for enclosure contributes positively to the open character of the landscaping in the area. As such, its enclosure would result in a detrimental impact on visual amenity. A 1.8 metre high fence fronting Calder House Road would fail to integrate with its surrounding by being of a much greater scale than other boundary fencing in the area that front Calder House Road. In addition, the siting of a garden to the side of the proposed is unacceptable in the spatial pattern of development in the area with gardens set to the rear of existing houses. The proposal is contrary to policies HOU 3 (Infill housing in settlements) and DES 1 (Design principles) of the LDP.

The Residential Development Guide Supplementary Guidance (RDG SG) specifies a 60:40 garden to building ratio for new build terraced houses. The Page 9 of 12 Meeting Date: 17 June 2020 proposal will result in a ratio of 70:30 for the proposed house. The proposed house complies with the RDG SG in this respect. Agenda Item 9

Policy TRAN 1 states that transport impacts of development must be acceptable. Transportation has recommended the application is refused on the grounds that the proposed driveway fails to meet the minimum depth of 6 metres for a driveway and access is taken off a parking layby. The proposal is therefore contrary to policy TRAN 1 (Transport infrastructure) of the LDP.

In summary, the proposed house will have a detrimental impact on visual amenity; result in an unacceptable break from the spatial pattern of development in the area and result in unacceptable transport and road safety impacts. The proposal is contrary to policies HOU 3, DES 1 and TRAN 1 of the LDP. No material considerations outweigh this conclusion.

Consequently, and in view of the above, it is recommended that planning permission is refused.

Page 10 of 12 Meeting Date: 17 June 2020 Ref. No.: 0125/H/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Increase in height of boundary fence to 2.7m Address: 5 Hermand Gardens,West Calder, West Lothian, EH55 8BT, (Grid Ref: 302379,663205) Applicant: Mr Johan van Schalkwyk Type: Local Application

Ward: Fauldhouse & The Breich Valley Case Officer: Rachael Lyall Summary of Representations

One objection - - Contrary to the developments original planning application, - Loss of sunlight, - Overall height.

Officers report

This planning application proposes to increase the height of an existing boundary fence located at 5 Hermand Gardens, West Calder.

The site is currently screened by a fence measuring 6ft (1.82m). The applicant wishes to increase a section of this fence in height to 9ft (2.7m). The section of fence he wishes to increase in height is located to the western side of the existing property and overlooks an open space and a residential car park.

Although the proposed fence is not adjacent to any neighbouring properties or main roads, the new proposed height (2.7m) will be visible from several points within the development and will cause a significant effect on the appearance of the existing property and surroundings. West Lothian Council's House Extension and Alteration Design Guidelines 2015 state that "in front gardens, walls and fences should not generally exceed one metre in height, and in rear gardens they should not exceed two metres." With the proposed fence being located in a prominent location, this proposal is contrary to policy DES1 (Design Principles) of West Lothian Councils adopted Local Development Plan and West Lothian Council's House Extension and Alteration Guidelines, 2015.

Therefore it is recommended that the application is refused.

Page 11 of 12 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 3rd April 2020

Ref. No.: 1234/H/19 Recommendation: Grant Planning Permission Proposal: Erection of garage and driveway

Address: 36 Ravenswood Rise,Dedridge, Livingston, West Lothian, EH54 6PE (Grid Ref: 305230,665784) Applicant: Mr Mark Bain Type: Local Application

Ward: Livingston South Case Officer: Rachael Lyall Summary of Representations

N/A

Officers report

This planning application proposes the erection of a garage at 36 Ravenswood Rise, Dederidge.

The proposal demonstrates the erection of a 5m x 5m garage with a height of 2.67m which is to be located to the front of the property and will sit 4.1m from the front boundary. The proposed garage will sit behind the neighbouring garage and will not cause any detrimental effect on the streetscene due to the number of similar garages that have been erected within the street.

The proposed driveway is typically shorter than what is advised, however this is a precedent within the street. The neighbouring properties all consist of garages and driveways of a similar length and size. The road also slightly widens towards the end of the drive due to the property being located at the end of a terrace.

This proposal adheres to West Lothian Council's Local Development Plans's Design Principles (DES1) Policy and follows the appropriate guidance given in the House Extension and Alteration Design Guidelines 2015.

Page 1 of 7 Meeting Date: 17 June 2020 Ref. No.: 0091/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Erection ofa 2m fence (in retrospect) Address: 5 Beechwood,Linlithgow, West Lothian, EH49 6SD, (Grid Ref: 300297,676157) Applicant: Mr Frank Cunningham Type: Local Application

Ward: Linlithgow Case Officer: Rachael Lyall Summary of Representations

One objection - - Fence bordering on parking area/turning point, - Proximity of fence with lampost.

Officers report

The planning application proposes the erection of a 2m high fence at 5 Beechwood, Linlithgow.

The proposed 2m high fence is to be erected to the rear and side of the existing property where a previous fence had been erected but has now been demolished due to the fence deteriorating. To the side of the existing house, the new fence will border a residential parking bay/turning point and footpath. Despite this, the proposed fence will not impact traffic or pedestrian safety and is within the applicants boundary.

It is suggetsed that proposed works are kept 1m away from a boundary, although there is no prohibition to building right up to your boundary. However the applicant should take note that entry may be required for any maintenence which may occur to the public footpath or turning point/parking bay.

A condition will be attached to require a reduction in the height of the side fence, to reduce the visual impact and allow better visibility of the public footpath.

This proposal adheres to West Lothian Council's Local Development Plan's Design Principles (DES1) Policy and follows the appropriate guidance given in the House Extension and Alteration Design Guidelines, 2015. It is recommended that this application is granted planning permission.

Page 2 of 7 Meeting Date: 17 June 2020 Ref. No.: 0095/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Formation of dropkerb and driveway and erection of fence Address: 46 Whitburn Road,Bathgate, West Lothian, EH48 2RA, (Grid Ref: 296985,668081) Applicant: Mr Liam Doolan Type: Local Application

Ward: Bathgate Case Officer: Rachael Lyall Summary of Representations

One Objection - - Height of fence, - Potential damage/distrubance to service during works, - Existing tree to be removed.

Officers report

This planning application proposes the formation of a new driveway access and the erection of a boundary fence at the property 46 Whitburn Road, Bathgate.

The existing driveway access is currently located within a shared access route located to the East of the site. The shared access route begins from the North-East corner of the applicants property, which runs through the front of neighbouring property and bends to join onto Whitburn Road. The proposed driveway access will run straight from the side of the applicants house, towards the North boundary and will then join onto Whitburn Road. A dropped kerb is to be formed and the existing driveway is to be extended to this point and finished with gravel. An existing tree is to be removed from the site in order to provide a suitable visibility splay and reduce any impact on traffic and pedestrian safety.

A fence is to be erected on the eastern boundary which is to be 1.1m high where in front of the neighbouring property's main building line, and then 1.8m high where erected behind this main building line. Currently, there is a brick wall measuring 1.1m high along this boundary which is to be demolished. The proposed fence will be the same height once erected and will therefore not cause any additional overshadowing on the neighbouring properties front garden.

This proposal adheres to West Lothian Council's Local Development Plan's Design Principles (DES 1) Policy and follows the appropriate guidance given on House Extension and Alteration Design. It is recommended that this application receives approval.

Page 3 of 7 Meeting Date: 17 June 2020 Ref. No.: 0127/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Formation of park & ride facility and hand car wash facility including storage containers (in part retrospect) Address: Land At Former Breich Inn,Breich, West Calder, West Lothian, EH55 8JQ (Grid Ref: 295494,660530) Applicant: Mr J Campbell Type: Local Application

Ward: Fauldhouse & The Breich Valley Case Officer: Kirsty Hope Summary of Representations

Three letters of objection have been received and can be summerised as follows:

- The formation of a car wash has been refused twice by West Lothian Council planning department, this application then went to appeal, this was also refused by the reporter, - Road safety concerns, - Noise concerns , - Privacy concerns, - Flooding of water and road conditions from car wash facility.

Officers report

The site is allocated for housing and the proposed car wash and park and ride facility has no locational justification given the countryside location. The proposal is therefore contrary to policies DES 1 (Design principles), EMP 3 (Employment Development outwith Settlement Boundaries), ENV 3 (Other Development in the Countryside) and HOU 1 (Allocated Housing Sites) of the West Lothian Local Development Plan.

There is no justification for a Park & Ride facility at this location. Such facilities are provided where there is a strategic transportation requirement and there is none in this case.

Accordingly, it is recommended that planning permission is refused.

Page 4 of 7 Meeting Date: 17 June 2020 Ref. No.: 0171/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Erection of a 2 metre high fence Address: Uphall Business Park,Broxburn, West Lothian, EH52 5NT, (Grid Ref: 306523,671349) Applicant: Type: Local Application Uphall Estates Ltd Ward: Broxburn, Uphall & Winchburgh Case Officer: Matthew Watson Summary of Representations

No representations received.

Officers report

The application proposes the erection of a two metre high fence around part of Uphall Business Park and Stankards Bing. The fencing is located partly in the countryside belt and partly in allocated employment land.

Policy ENV 7 (Countryside Belts) of the WLLDP states the promotion of public access to green space as informal recreation and enhancing wildlife habitats are a strategic purpose of countryside belts. Policy ENV 7 (b) states the strategic purposes of countryside are not to be undermined by development proposals.

The erection of a fence around Stankards Bing would deny the public their right to access the bing and block access to Right of Way LW26. Stankards Bing forms part of an important corridor for wildlife whose habitat has already been fragmented by the M8 motorway and A89 and the erection of a 2 metre high fence would make it difficult for wildlife to access and travel through the bing habitat.

The private access references raised in the Supporting Statement has no bearing, as it is a public right of way. There remains a statutory public access right on the access road.

Overall, the proposal will undermine the strategic purposes of promoting public access to green space as informal recreation and enhancing wildlife habitat. On this basis, the proposal is contrary to Policy ENV 7 and the provisions of Policy TRAN 3 (Core Paths) and is not acceptable in planning terms.

Consequently, and in view of the above, it is recommended that planning permission is refused.

Page 5 of 7 Meeting Date: 17 June 2020 Ref. No.: 0204/A/20 Recommendation: Refuse Advertisement ConsentAgenda Item 9 Proposal: Display of 4 freestanding signs (2 locations with 2 signs at each location) Address: Road From Starlaw Road To Easdale,Bathgate, West Lothian, EH47 7BW, (Grid Ref: 300727,667456) Applicant: Mr Morgan Brown Type: Other

Ward: Whitburn & Blackburn Case Officer: Kirsty Hope Summary of Representations

One objection - - Concerns regarding increased deliveries including parking and turning along the shared access driveway, - Road safety concerns, - Restricting access to a neighbouring property, - Privacy concerns.

Officers report

Planning permission is sought for the erection of freestanding signs to be located at two locations, both of which are located on a road verge, accessed from Starlaw Road to Easdale. Despite lengthy discussions with the applicant, the applicant has failed to alter the plans that would remove concerns with regards to scale as well as the objection from the Roads and Transportation Unit. There are no material planning considerations to justify a departure from the development plan and accordingly it is recommended that advertisement consent is refused.

Page 6 of 7 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 9th April 2020

Ref. No.: 0025/H/20 Recommendation: Refuse Permission Proposal: Raising of roof to form first floor accommodation Address: 50 Kirk Road,Bathgate, West Lothian, EH48 1BP, (Grid Ref: 298308,668294) Applicant: Mr S Archondakis Type: Local Application

Ward: Bathgate Case Officer: Rachael Lyall Summary of Representations

One Objection - - Overall height of development, - Impact on privacy, - Overshadowing, - Distance between properties, - Visual amenity of street.

Officers report

This planning application proposes to raise an existing ridgeline in order to form first floor accommodation at 50 Kirk Road.

The existing property currently measures 5.740m in height to the ridgeline. The proposed application looks to increase the roof height by 1.670m to allow for an overall ridgeline height of 7.410m.

A previous application (1041/H/19) was submitted which demonstrated the same increase in overall height but was refused planning permission on the grounds that the proposed ridge height and large area of blank roof space on the front elevation would appear dominant within the street and would significantly impact the visual amenity.

Dormer window extensions have now been proposed for the front elevation within the first floor in order to break up the blank roof space. The rear elevation of the proposed work are to feature Velux roof lights in order to allow for natural lighting within the first floor. An overshadowing calculation demonstrates that the increase in hieght, will not cause any significant impact on overhsadowing and the increase in height will only result in Page 1 of 7 Meeting Date: 17 June 2020 overshadowing to the rear and side of the applicants own property and garden. Agenda Item 9

Despite this, the proposed ridgeheight as the proposed ridgeheight will sit 0.540m higher than the neighbouring properties and will still appear as dominant and out of place within the street scene where ridgelines are uniform between properties. Raising the existing ridgeline to this proposed height will result in a deviation of ridgelines within the street and signifcantly impact the visual amenity. It will also affect the propotions of the building, resulting in a top heavy roof structure which would be to the detriment of the character of this building. This application is therefore contrary to policy DES1 (Design Principles) of West Lothian Councils adopted Local Development Plan and West Lothian Council's House Extension and Alteration Guidelines, 2015. It is recommended that the application is refused.

Page 2 of 7 Meeting Date: 17 June 2020 Ref. No.: 0049/H/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Erection of a car port and replacement conservatory roof Address: 9 Northwood Park,Deans, Livingston, West Lothian, EH54 8BD (Grid Ref: 302385,669454) Applicant: Mr Ian Rignall Type: Local Application

Ward: Livingston North Case Officer: Rachael Lyall Summary of Representations

Seven objection comments - - Impact on residential amenity, - Impact on visual amenity, - Height of development.

Officers report

This planning application proposes the erection of a carport and replacement conservatory roof at 9 Northwood Park, Deans.

A previous application (0204/H/18) was submitted which also proposed the erection of a carport and replacement conservatory roof. The proposed carport was to be attached to the existing house and was to measure 2.650m x 5.095m and was to be 3.720m in height. The proposed carport was to feature a gabled pitch roof to match that of the existing. The application was granted planning permission and was not seen to be detrimental to the residential or visual amenity. The plans also demonstrated for the flat roof conservatory to be replace with a gable pitched roof. The carport was not erected in accordance to the approved plans and as a result, the applicant submitted this application in retrospect which addresses the discrepancies between the now existing structure and approved plans.

The current plans demonstrate the carport to measure 3.500m x 7.000m and now proposes a mono pitch roof which measures 3.500m to the eaves and 4.000m to the ridgeline, a difference of 0.280m in overall height when comapred to the previously approved application. The carport is now proposed to be detached from the existing house. The submitted plans also demonstrate the same works which are to be carried out within the conservatory, however these works have already been carried out.

The new proposal due to its scale, appearance and relationship to the existing house would have a detrimental impact of the residential and visual amenity of the surrounding area and is contrary to policy DES1 (Design Principles) of West Lothian Councils adopted Local Development Plan and West Lothian Council's House Extension and Alteration Guidelines, 2015.

Therefore it is recommended that the application is refused.

Page 3 of 7 Meeting Date: 17 June 2020 Ref. No.: 0132/FUL/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Change of use from open space to industrial land and erection of 1.8m high fence and gate Address: 5D Grange Road,Houstoun Industrial Estate, Livingston, West Lothian, EH54 5DE (Grid Ref: 306115,669317) Applicant: Mrs CK Simmons Type: Local Application Independent Mercedes & BMW Specialists Ltd. Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations

One objection:

- The proposal would create a seasonally dark alley that is unwelcoming to use - The application does not describe the formation of an access road and we have concern over this being adjacent Grange Path.

Officers report

The application proposes a change of use from open space to industrial land and the erection of a 1.8m high fence and gate. The fence proposed is weldmesh and will be set back from the footpath.

In terms of the enclosure of open space, the area proposed for enclosure does not adversely impact recreational use and will not result in a loss of trees. It is also not part of a wider green network. For these reasons, the proposal complies with policy ENV 21 of the LDP.

The proposal will not cause harm to visual amenity. This is because the proposed fencing is of an acceptable scale at 1.8 metres in height and is set back from Grange Road and the path between 5C and 5D Grange Road. A planning condition will require the fence to be set back from the path at a distance of 1.2 metres. In addition, the green weldmesh construction reduces visual impact. The proposed fencing will integrate with its context in an acceptable manner. The proposal will integrate with its context and complies with Policy DES 1 of the LDP.

A representation has raised concern over road safety. The council's roads and transportation service has raised no objection to the proposal. It should be noted there are existing accesses at the north and south of the site. The access at the south of the site is adjacent Grange Path. The existing palisade fencing is to be replaced at this location but a new access is not proposed to be formed at this location.

The proposal complies with the relevant provisions of the development plan and it is recommended that planning permission is granted.

Page 4 of 7 Meeting Date: 17 June 2020 Ref. No.: 0147/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Erection of a front fence (in retrospect) Address: 13 Chapelton Court,Polbeth, West Lothian, EH55 8SB, (Grid Ref: 302764,663825) Applicant: Maciej Galubinski Type: Local Application

Ward: Fauldhouse & The Breich Valley Case Officer: Rachael Lyall Summary of Representations

Two objections -

- Damage to neighbouring property, - Impact on visual amenity, - Traffic safety, - Compliance with guidelines.

Officers report

This retrospective planning application seeks planning consent for the erection of a fence within the front garden of the property located at 13 Chapelton Court, Polbeth.

The proposed fence will measure 1.3m at the front of the applicants property and reduces in height to 0.95m and remains this height along the perimeter of the fence to the front of the property. The proposed fenced does not impact traffic or pedestrian safety and does not impact the visual residential amenity to a significant extent.

West Lothian Council's House Extension and Alteration design guidelines state that ''in front gardens, walls and fences should not generally exceed one metre in height''. Despite a section of the fence measuring 1.3m, there is no adverse effect caused by this additional height in comparison to where the fence measure 0.95m in height. Therefore, the proposed fence adheres to West Lothian Council's Local Development Plan's Design Principles (DES1) Policy and follows the appropriate guidance given in the House Extension and Alteration Design Guidelines, 2015.

It is recommended that this application is granted planning permission.

Page 5 of 7 Meeting Date: 17 June 2020 Ref. No.: 0150/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Alterations to window layout in approved extension Address: 2 Kirknewton Court,Kirknewton, West Lothian, EH27 8BT, (Grid Ref: 310113,667145) Applicant: Mrs Sara Shaw Type: Local Application

Ward: East Livingston & East Calder Case Officer: Rachael Lyall Summary of Representations

One objection -

- Impact on privacy, - Overlooking, - Lack of boundary screening.

Officers report

This application proposes an alteration in retrospect to the previously approved planning application (0160/H/18).

The submitted plans demonstrates that two additional windows were installed to increase the amount of natural lighting within the property. These additional windows are not shown within the previously approved plans. As the construction works were yet to be completed, this is not classed as permitted development and so a planning application was submitted in order to re-notify neighbours of these additional windows and allow for a full assessment to be carried out.

The plans show two additional windows, a triangular one above the previously apporved window and a slimline vertical window on the right hand side of the rear elevation. The proposed windows will overlook the applicants rear garden which is screened with a boundary wall. The proposed windows will not overlook any neighbouring property or garden to a signifcant extent. The changes to the windows will not result in a loss of privacy for the neighbouring property.

Page 6 of 7 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 17th April 2020

Ref. No.: 0421/FUL/19 Recommendation: Grant Planning Permission Proposal: Erection of 2 houses Address: 61 Curling Pond Lane,Longridge, West Lothian, , (Grid Ref: 294923,662418) Applicant: Mr & Mrs Richard Tulloch Type: Local Application

Ward: Fauldhouse & The Breich Valley Case Officer: Mahlon Fautua Summary of Representations

2 objections were received. - Road Safety, in particaulr cars reversing onto the road. - Cramped and not in keeping with the estate

Officers report

The site is located within the Longridge settlement and in the Curling Pond Lane development therefore there is a presumption in favour of the proposed development. The proposed houses satisfactorily comply with the Residential Development Guide in terms of garden ground and setback in terms of the site and adjacent properties. Although the proposed plots are smaller than the majority of the plots within the development, the proposal will not have a detrimental impact on the built context.

The applicant has addressed the traffic concerns rasied in objections by agreeing to remove the parking to the rear of plot 1.

Therefore it is considered that the proposed development meets the relevant policies and guidance of the West Lothian Local Development Plan. As such, it is recommended that planning permission is granted subject to conditions and the securing of the relevant developer obligations.

Page 1 of 12 Meeting Date: 17 June 2020 Ref. No.: 0947/FUL/19 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Erection of a house and garage Address: Land To The North Of 4 Newlands,Kirknewton, West Lothian, EH27 8LR, (Grid Ref: 311546,665440) Applicant: Mr & Mrs Ian & Amy MacMillan Type: Local Application

Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations

Two objections:

- The proposal breaches the upper limit of the original planning brief - The design does not fit with the rigid brief and is not a traditional design like all other houses - Capacity of sewage treatment facilities - Proximity to existing sewage treatment facilities - Traffic impact - Unclear legal position for maintenance of common residence infrastructure

Officers report

The application proposes the erection of a house at land to the north of 4 Newlands, just outside of Kirknewton. The house is predominately a rendered finish with a concrete facing basecourse. Timber cladding used for dormers. Green fascias and soffits are also proposed.

In terms of principle, the proposed house does not strictly meet the tests for new housing development in the countryside set out in Policy ENV 2 of the LDP. However, the site within a confined development area and is the last undeveloped plot at this part of the Newlands estate. Beyond the application site is a Scottish Water treatment facility. Given the comments below on the design integrating with the surronding area, the proposal is, on balance, an acceptable departure from Policy ENV 2 in these very specific circumstances.

The scale and form of the proposed house is of a similar nature to the surrounding houses and will integrate with its surroundings in this respect. The materials proposed are also similar in the use of render, a basecourse and green fascias and soffits. The main difference is the use of timber for the finish of the dormers. This has been kept white to integrate with the render proposed. The materials have been significantly amended to address comments raised in representations that the original proposed materials did not fit with surrounding houses. Overall, the design of the proposed house is acceptable in planning terms, will integrate with its context and built form and complies with Policy DES 1 of the LDP.

Representations have raised a number of issues. The capacity of sewage works has been raised and Scottish Water have raised no objection to the proposal in this regard. Traffic impact has been assessed by the council's Roads and Transportation service and they have raised no objections to the proposed house. The lack of clarity around a legal position on the maintenance of common residence infrastructure has also been raised. This is a civil matter that would need to be resolved between occupiers.

Page 2 of 12 Meeting Date: 17 June 2020 A further issue raised in representations is an upper limit on development within the original planning brief for the site (formerly the MOD'sAgenda Ritchie Item Camp) 9 of 28 houses. An application for a house on this site was refused for breaching this limit in 1999. The brief and the conditions attached are over 20 years old. Any new housing development would not be planned to the very low density in the original brief, which is generally no longer accepted planning practice. For these reasons, the brief and subsequent conditions attached to planning permissions are of little weight in the decision making process. These matters do not outweigh compliance with parts of the development and other material considerations related to principle of development.

The applicant has agreed to pay the necessary education and cemetery provision contributions, and these will be secured through a Section 75 legal agreement. The proposal complies with Policy INF 1 of the LDP.

In summary, although not strictly in compliance with relevant policy, the principle of a house in this location is, on balance, acceptable and the design of the proposed house will integrate with its surroundings.

Consequently, and in view of the above, it is recommended planning permission is granted, subject to the conclusion of a legal to secure developer contributions.

Page 3 of 12 Meeting Date: 17 June 2020 Ref. No.: 0081/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Siting of 5 glamping pods with access track and parking Address: East Mains Of Ballencrieff,Bathgate, West Lothian, EH48 4LD, (Grid Ref: 297713,670587) Applicant: Type: Local Application Firm of J Reid Ward: Bathgate Case Officer: Kirsty Hope Summary of Representations

14 letters of support were received.

Officers report

Planning permission is sought for the siting of 5 glamping pods with access track and parking. The application site is located north of Ballencrieff Mains Farm. Access is through an existing field and would result in splitting the field in two parts.

The proposed access would require the removal of a substantial length of historic hedgerow in order to provide the required visibility splays. This would have a significant detrimental impact on the visual amenity and character of the countryside at this locality. The Coal Authority also has raised substantive concern and maintains an objection to the proposal given the proximity to a historic mine entry.

It is therefore recommended to refuse planning permission.

Page 4 of 12 Meeting Date: 17 June 2020 Ref. No.: 0092/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Erection of 300sqm building for use as a function and events venue (in retrospect) including entrance canopies, landscaping and associated works Address: Duntarvie Castle,Broxburn, West Lothian, , (Grid Ref: 309051,676478) Applicant: Mr Geoffrey Nicholsby Type: Local Application GTHC pension fund Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

One objection has been received: - White industrial shed out of keeping with setting, - Detrimental to setting of Duntarvie Castle, - Illumination at night inappropriate.

Officers report

Planning permission was granted for the siting of a temporary marquee at this site in March 2018 as a mechanism to generate additional income which would help progress the renovation of Duntarvie Castle. The consent given was temporary in nature until March 2021 with conditions attached requiring the submission of financial information on a 6 monthly basis once operational. This financial information, along with a summary of works carried out as a direct result of this income, was designed to ensure the venture had a significant impact on the pace of the development at Duntarvie Castle. The use of a marquee was also considered appropriate as this type of temporary structure is not uncommon in the grounds of hotels and guest houses to facilitate wedding parties and other functions. It would also be easily removed from site if no longer required and would be grey in colour to reduce the visual impact of the structure at the site.

The applicant has however chosen to construct, without consent, a portal framed building with cladding which appears white and reflective in sunlight and of an industrial nature. The building appears prominent on the site and is a more permanent structure. Two entrance canopies have been proposed and tree planting to screen the building. Whilst the tree planting will over time provide screening, the character of the building as constructed is significantly removed from that approved and is inappropriate for the setting. The development is therefore contrary to the following policies of the adopted West Lothian Local Development Plan. Recommendation is therefore to refuse planning permission and commence enforcement action following the expiry of the appeal period.

DES1 (design principles); EMP7 (Tourism); ENV3 (other development in the countryside); ENV28 (listed buildings); ENV33 (scheduled monuments).

Page 5 of 12 Meeting Date: 17 June 2020 Ref. No.: 0151/MSC/20 Recommendation: Grant Matters Specified in ConditionsAgenda Item 9 Proposal: Approval of matters specified in condition 1 of planning permission 1012/P/05 for an amendment to the master plan to change Block BB from a school site to a residential development block Address: Block BB,Beatlie Road, Winchburgh, West Lothian, (Grid Ref: 308285,675140) Applicant: Type: Other WInchburgh Developments Limited Ward: Broxburn, Uphall & Winchburgh Case Officer: Steven McLaren Summary of Representations

Two objections have been received: - Detrimental to overall character of the area, - Impact on wildlife, - Loss of open space, - Increased noise, loss of privacy and overshadowing, - Block BB provides breathing space between developments, - School development a factor in house purchase, - Scale and density of development (cramming), - Road safety and lack of parking.

Officers report

The original master plan for the Winchburgh Core Development Area (Ref: 1012/P/05) set aside the site known as Block 'BB' for a double stream denominational primary school. Site 'L' on the western edge of the CDA was set aside for new denominational and non-denominational secondary schools. Since the approval of the master plan and the ongoing development of the area, a strategic decision was taken by the council's Education Executive to locate the proposed Holy Family denominational primary school adjacent to the two secondary schools within the Block "L" site. Planning permission for the 3 school buildings was approved on 16 January 2020 and the site is currently being developed.

Site 'BB' is therefore no longer required as a school site and an alternative use for residential development is appropriate given that residential properties lie to the north and south of the site. An indication of the scale and density of development which could be carried out at the site was presented to the community council however, these designs have no status and any scheme will need to demonstrate suitable levels of parking, privacy, design and open space in accordance with council guidance. The principle of developing the site for residential purposes is therefore acceptable and accords with Policy CDA 1 (Development in previously identified CDAs) of the adopted West Lothian Local Development Plan, 2018. The recommendation is to grant planning permission for the alternative use.

Page 6 of 12 Meeting Date: 17 June 2020 Ref. No.: 0162/H/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Formation of dormer windows Address: 29 Reid Crescent,Bathgate, West Lothian, EH48 2TY, (Grid Ref: 298089,667392) Applicant: Mr Jonathan Smith Type: Local Application

Ward: Bathgate Case Officer: Rachael Lyall Summary of Representations

Two Objections -

- Impact on privacy, - Loss of natural daylight.

Officers report

The proposals relate to the formation of both a front and rear dormer extension at 29 Reid Crescent, Bathgate.

The dormer proposed for the front will feature a gable pitch roof to match that of the existing and will measure 1.980m in length and will overlook the main street of Reid Crescent. The proposed rear dormer if of a larger scale which will consist of a flat roof construction and measure 7.343m in length and will feature two window opening which will overlook garages and residential parking which is located to the rear of the property.

The proposed dormer extensions will appear prominent on both elevations and visible from the streetscene. Although the revised drawings show the dormer to have been reduced in size, the proposed rear dormer extension still appears out of scale and will dominate the roof space and significantly impact on the appearance of the existing property. West Lothian Council's House extension and Alteration Design Guidelines also states that 'dormers should not be so big that they dominate the roof' and that it is encouraged for any windows proposed within a dormer extension are to align and relate with the existing windows of the property.

Page 7 of 12 Meeting Date: 17 June 2020 Ref. No.: 0180/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Change of use from office (class 4) to polish language school (class 10) (in retrospect) Address: Ashwood House,Starlaw Road, Bathgate, West Lothian, EH47 7BW (Grid Ref: 300793,667462) Applicant: Paulina Raniszenska Type: Local Application Fun Little Education Ward: Whitburn & Blackburn Case Officer: Kirsty Hope Summary of Representations

Two representations were received and can be summarised as follows: - Lack of street lighting /signs or footpaths - Road safety and parking concerns - Residential amenity concerns - Previous issues have been raised with police in relation to blocking access and aggressive behaviours

Officers report

Planning permission is sought for the change of use from an office (class 4) to a Polish language school (class 10) in retrospect. This property currently sits south of a road that runs parallel to Starlaw Road. There are neighbouring residents that also share this access.

It is considered that the proposed use would not be suitable for the property given that there is insufficient parking and the site not at a sustainable location as it is not served by public transport. Further, although there is a cyclepath on the north side of Starlaw Road (A779) there is no traffic island to allow pedestrians and or cyclists to cross to the south and thereafter there is no footway leading to this site. The proposal is therefore contrary to DES1 and ENV3. It is thus recommended planning permission be refused.

Page 8 of 12 Meeting Date: 17 June 2020 Ref. No.: 0183/H/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Replacement windows to front, side and rear (in retrospect) Address: 245 High Street,Linlithgow, West Lothian, EH49 7EN, (Grid Ref: 299805,677038) Applicant: Mr Lorenzo & Peter Cabrelli Type: Local Application

Ward: Linlithgow Case Officer: Rachael Lyall Summary of Representations

One objection - - Concerns over impact on towns outstanding conservation area status, - Use of upvc is contrary to guidance for conservation areas, - Concerns over unauthorised window alterations within area, - Impact on amenity.

Officers report

This retrospective planning application seeks consent for the replacement of windows at 245 High Street, Linlithgow.

The applicant was unaware that planning permission was required for the works and replaced the windows to the font and side with double hung white uPVC windows. Previously, the windows were single glazed with white timber frames.

Generally, replacement windows should seek to match the original windows in design, form, fixing, method of opening and materials. When replacing windows within a conservation area, uPVC will rarely be acceptable as the material does not reflects the design and function of traditional buildings. It is understood that the appearance at this part of the conservation area is characterised by a mix of timber and uPVC windows and although the replacement windows are of the same double hung style, the replacement uPVC windows is not acceptable for use in this property or the conservation area. The installation of uPVC windows within the property has resulted in a significant loss of character and visual amenity. The works do not enhance the property or this part of the conservation area and are therefore contrary to policy DES1 (Design Principles) and ENV24 (Conservation Areas) of West Lothian Councils adopted Local Development Plan and West Lothian Council's House Extension and Alteration Guidelines, 2015.

It is recommended that the application is refused.

Page 9 of 12 Meeting Date: 17 June 2020 Ref. No.: 0197/FUL/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Change of use from storage (class 11) to pottery workshop, including classes, and retail studio (class 1) Address: 226A High Street,Linlithgow, West Lothian, EH49 7ES, (Grid Ref: 299932,677081) Applicant: Mrs C Murray Type: Local Application Linlithgow Stoves Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

One objection and three letters of support were received: - Lack of security, - Loss of privacy, - Shared pedestrian pend only access, - Unsuitable for general retail and public access, - Sign on High Street an obstruction, - Noise nuisance (particularly if doors left open) - Area used for social gatherings.

Officers report

This is a further submission for the use of a building behind 226/228 High Street to be used as a pottery workshop including pottery sales, the operation of pottery classes, and classes in printmaking, meditation and glazing. A retrospective planning application (Ref: 0423/FUL/19) was submitted following complaints about the use of the premises and enforcement action was taken. The result of the process was the issuing of a temporary permission on 8/10/19 for the use of this building. Access to the site is through a shared pedestrian pend from High Street and as a result, the resident at 226 objected to the use of the building, citing issues of security, property rights, fire safety, noise and nuisance.

A 12 month temporary period was granted along with conditions restricting the operating hours of the business and thus visitors through the shared pend to 09:00 to 18:00 Monday to Friday, 10:00 to 17:00 on Saturdays and at no time on a Sunday. The proposed uses were to take place wholly within the building, visitors to the classes were to be met by the operator and alternative retail outlets were to be investigated. The purpose of these conditions was two fold, firstly to provide clarity on the operating hours and to give comfort to the objector that there would not be unfettered access through the shared pend at all times and to investigate other retail opportunities including a High Street frontage, again to reduce public access through what is in essence a private access to a residential property.

While the use of the building to produce pottery and hold limited classes is generally acceptable, uncontrolled access through the pend and activities outwith the building raise security and residential amenity matters.

A supporting statement submitted by the applicant provides commentary on each of the conditions. The applicant states that it is unfair and unreasonable to impose operating hours on the premises and that customers have been turned away. A considerable outlay has already taken place and that the temporary period and restrictions impact the viability of the business. Alterations to the premises and the change of use was carried out in Page 10 of 12 Meeting Date: 17 June 2020 2018 without the benefit of planning permission. As a result, complaints were received which resulted in retrospective and temporary planningAgenda Item 9 permission. No information has been submitted to clear conditions eg. improved signage and no information has been submitted to demonstrate that either customers have been turned away or that alternative options for sales have been investigated.

Give that there is an extant consent and the business has been operating since 2018, it is recommended that this planning application be refused and the operator encouraged to clear conditions where possible, comply with conditions where possible and provide appropriate evidence against conditions where this cannot be done and submit this information when a renewal submission is made. Planning seeks to support small businesses but these must be in the correct locations and not result in detriment to existing residents or established businesses.

Page 11 of 12 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 24th April 2020

Ref. No.: 0188/FUL/20 Recommendation: Grant Planning Permission Proposal: Erection of 29 houses with associated landscaping and car parking Address: Site At Deans South,Deans, Livingston, West Lothian, (Grid Ref: 302119,668325) Applicant: Mrs Margaret Reid Type: Local Application West Lothian Council Ward: Livingston North Case Officer: Steven McLaren Summary of Representations

2 objections and 1 general comment made: - Impact on water supply and connection to drains for existing residents - Impact on flooding and drainage

Officers report

Planning permission is sought for the construction of 29 houses within the Deans South area as replacement for those previously demolished. The development is part of the council's house building programme. The Deans South road alignment will be retained with the cul-de-sac development incorporating parking, footpaths and landscaping. There have been various planning applications for the re-development of this area and this application forms part of Phase 2 of that re-development. The application site is allocated for housing development in the adopted West Lothian Local Development Plan, 2018 under allocation refs H-LV26 and H-LV27.

Concern has been raised over the loss of services to existing privately owned properties in the estate. The overall drainage strategy for the application site involves the provision of new SUDS infrastructure including a new tank which has the capacity to serve the wider Deans South area including the existing housing within the core area of Deans South. Existing drainage/water supply to the remaining properties in the core area of Deans South will be diverted and connected into the new network and SUDS infrastructure. The water supply and drainage facility to the existing housing will therefore be maintained. Subject to meeting relevant technical requirements, the redevelopment of this site is acceptable and is supported by the housing allocations and associated policies and provisions of the development plan. The recommendation is to grant planning permission.

Page 1 of 3 Meeting Date: 17 June 2020 Ref. No.: 0208/A/20 Recommendation: Approve Advertisement ConsentAgenda Item 9 Proposal: Display of an externally illuminated fascia sign (in retrospect) Address: Thomas Brown Funerals,18 West Main Street, Broxburn, West Lothian, EH52 5RH (Grid Ref: 308030,672253) Applicant: Darren Gunn Type: Other Thomas Brown Funerals Ward: Broxburn, Uphall & Winchburgh Case Officer: Steven McLaren Summary of Representations

2 objections received: - Out of character with the building - Distraction at night - Lighting too bright - Inappropriate for the business - Inappropriate for the conservation area

Officers report

For at least 10 years the funeral business has had a large fascia sign on the frontage of the former church. The previous sign had a dark brown backing with gold lettering and was not illuminated. The new sign has a black backing with white and blue lettering and a thistle motif. The sign is illuminated with a downward facing light bar. Whilst the sign is different and has a lighter appearance, it is not out of keeping with the building and does not detract from the conservation area setting or the visual amenity of the area. Whilst the light bar is acceptable, having the sign illuminated throughout the night is not appropriate in terms of residential amenity.

The recommendation is to grant retrospective advertisement consent, but condition that the sign cannot be illuminated out with normal business hours. With this restriction in place the sign complies with the necessary policy tests in terms of road safety and amenity and is therefore acceptable.

Page 2 of 3 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 1st May 2020

Ref. No.: 0210/H/20 Recommendation: Grant Planning Permission Proposal: Attic conversion and formation of dormer windows Address: 57 Castle Terrace,Winchburgh, West Lothian, EH52 6RH, (Grid Ref: 309188,674930) Applicant: Mr J Wright Type: Local Application

Ward: Broxburn, Uphall & Winchburgh Case Officer: Rachael Lyall Summary of Representations

One objection comment raising concerns over the construction and current state of a shared firewall. Objecting to proposal until works are rectified and necessary alterations are carried out.

Officers report

This planning application seeks permission for the formation of a front and rear dormer extension to the property at 57 Castle Terrace, Winchburgh.

The proposed works are to provide additional bedroom and storage space on the first floor of the property. The proposed front and rear dormers are both to measure 2.157m in overall height, 2.862m in width and 3.560m in length. The dormer extension will both feature a double hung window installations within the front elevations which will overlook the properties located within the Winchburgh miners rows.

The materials proposed for the dormer extension will match those of the existing property and its roofing materials.

Dormer extensions of this design and scale are common within these miners rows. Therefore, the proposed works will not be of a detrimental affect to the existing or surrounding properties and the general area. The dormer extension will not overlook any neighbouring property to a significant extent and shows consideration for the existing windows of the property in terms or alignment, scale and fitting.

Page 1 of 6 Meeting Date: 17 June 2020 Ref. No.: 0231/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Single storey and two storey extension to house Address: 18 Stewart Avenue,Linlithgow, West Lothian, EH49 6DQ, (Grid Ref: 299255,676654) Applicant: Ms C Lawrie Type: Local Application

Ward: Linlithgow Case Officer: Rachael Lyall Summary of Representations

One objection - - Impact on view/visual amenity, - Concerns over proposal creating a claustrophobic environment.

Officers report

This planning application proposes the formation of a porch and two storey side extension on the property at 18 Stewart Avenue, Linlithgow.

The porch extension also looks to increase the existing kitchen area and provide a small utility area. The porch is to measure 2.300m x 6.000m and will be 3.650m in overall height. A new entrance will be formed within the front elevation of the porch along with the installation of a new window opening. The properties in this street do not have a well defined front/rear elevation. One side looks on to a private access road which leads to a parking court. The other side looks on to a footpath which serves these proporties and the row opposite.

The proposed side extension is to be located on the west elevation and will provide an additional lounge on the ground floor and an additional bedroom and bathroom on the first floor. The proposed side extension is to measure 5.600m x 4.000m and is to be 7.485m in overall height to the proposed ridgeline. The side extension is to feature window on both floors of the front and rear elevations. The windows proposed for the front elevation will overlook the front garden of the existing house along with the street and rear garden of the adjacent property which is located across a footpath in front of the existing house. This adjacent property and the rear garden is adequately screen and the proposed windows will not overlook to a significant extent. The windows proposed for the rear elevation will also overlook the street and rear garden of the existing house. The property to the rear is located approximately 28m away form the rear elevation of the existing house and follows guidance given regarding the minimum distance between windows.

The materials proposed for both the porch and side extension are to match that of the existing house.

Other front and side extensions, although not two storey, have previously been proposed and approved within this street. The proposed developments will not overlook or overshadow any neighbouring property to a significant extent and the proposal adheres to West Lothian Council's Local Development Plan's Design Principles (DES1) Policy and follows the appropriate guidance given in the House Extension and Alteration Design Guidelines, 2015. It is recommended that the application is granted planning permission.

Page 3 of 6 Meeting Date: 17 June 2020 Ref. No.: 0262/FUL/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Sub-division of garden ground and erection of a house Address: 1 Atlas Cottages,Lower Bathville, Armadale, West Lothian, EH48 2LE (Grid Ref: 294567,668066) Applicant: Mr Sean Heron Type: Local Application

Ward: Armadale & Blackridge Case Officer: Kirsty Hope Summary of Representations

One letter of objection was received and can be summerised below:

- Bungalow would suit better than one and a half storey. - Concerns regarding loss of privacy and light, neighbouring habitable windows overlook this plot. - Concerns of disruption during construction and tree removal. - Concerns that the existing house is in a derlect state.

Officers report

The application seeks planning permission to sub-divide the garden ground of 1 Atlas Cottages, Armadale and erect a one and a half storey house. The new dwelling would be located East of the existing dwelling and would respect the building line of the street. The scale and design of the design is considered to be in-keeping with the surrounding area and the ridge height matches the existing dwelling. The external materials are acceptable. There is adequate garden provision provided. Parking can be accommodated within the front garden.

Contributions will be required for Education and Cemetery provision. The proposed development is considered to be an acceptable development on the site is recommended that planning permission is granted subject to conditions.

Page 5 of 6 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 22nd May 2020

Ref. No.: 0085/FUL/20 Recommendation: Grant Planning Permission Proposal: Erection of a house with associated works Address: 236 Main Street,East Calder, West Lothian, EH53 0EJ, (Grid Ref: 308503,667832) Applicant: Mr & Mrs Craig & Theresa MacQueen Type: Local Application

Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations

Two representations - one comment and one objection:

- Objects to the lowering of the kerb as road safety will be compromised, both for vehicles exiting and entering the proposed driveway, and traffic travelling along Main Street. There will be cars parked on both sides of the proposed driveway, as well as opposite, which will mean that any views of oncoming traffic will be limited, and hazardous.

- Concern over pedestrian safety due to lack of visibility from the proposed driveway

Officers report

The application proposes the erection of a two storey house as a replacement for a house that was demolished in 2019 due to fire damage. Adjacent properties are finished with sandstone and the surrounding area has a mix of building styles and materials.

The proposal is for a replacement house within the settlement boundary of East Calder. The proposal will be in keeping with the character of the settlement and the site is not designated for any other use. The proposed development is therefore compliant with Policy HOU 3 (Infill housing development in settlements) of the LDP and is acceptable in principle.

The house is of a greater scale than the house it is proposed to replace. There is a variety of building heights and types in the surrounding area and, for this reason, the proposal is acceptable in terms of its scale and how it fits within the streetscene of Main Street. In terms of materials, the applicant has stated that the stone from the demolished building was inspected by a stonemason and is not of sufficient quality for re-use. Natural stone is proposed for the front elevation and render to the side and rear elevation. There is a variety of materials used for gables in the surrounding area, including Page 1 of 5 Meeting Date: 17 June 2020 rendered gables. The proposal is acceptable on this basis and a planning condition will be attached to any permission requiring the submissionAgenda of Item 9 samples. Overall, the proposal will sufficiently integrate with its context and the wider streetscene. The proposal complies with Policy DES 1 (Design principles) of the LDP in this respect.

The application will not result in an adverse impact on privacy with distances to boundaries met. The application has been assessed in terms of overshadowing. There will be some overshadowing from the south west gable to the front garden of 234 Main Street. However, the overshadowing is minor and will only be for a short period of the day. The rear garden of 234 Main Street will be unaffected. On balance, the proposal will not cause unreasonable harm to amenity due to overshadowing. Overall, the proposal complies with Policy DES 1 of the LDP in this respect.

Transportation has not objected to the application, subject to the driveway not being approved due to not meeting minimum depths. A planning condition is required to exclude the use of the area to the front of the house as a driveway and that a dropped kerb is not permitted as part of this application.

No developer contributions are required due to the proposal being a replacement house. The proposal complies with Policy INF 1 (Developer obligations) of the LDP.

In summary, the application is acceptable in principle, in terms of design and amenity, as well as in transport terms with an appropriate condition applied. It is therefore recommended planning permission is granted, subject to conditions.

Page 2 of 5 Meeting Date: 17 June 2020 Ref. No.: 0313/CON/20 Recommendation: Grant Conservation Area ConsentAgenda Item 9 Proposal: Conservation area consent for demolition of 3.6m wide section of boundary wall in connection with planning application 0648/FUL/18 Address: Land To The Front Of ,49 West Main Street, Broxburn, West Lothian, EH52 5RL (Grid Ref: 307904,672133) Applicant: Mr Neil Dishington Type: Local Application

Ward: Broxburn, Uphall & Winchburgh Case Officer: Steven McLaren Summary of Representations

One objection received: - Impact on character of conservation area. - Increase in traffic noise. - Loss of privacy. - Access safety.

Officers report

Conservation area consent is sought for the removal of a 3.6m section of stone wall at West Main Street, Broxburn. The removal of the wall is required to facilitate access to a plot of land for the construction of a house. The detailed application for the construction of the house (Ref: 0648/FUL/18) is 'minded to grant', subject to the collection of developer contributions. The removal of this section of the wall was given consideration at that time as part of the assessment of the application. Whilst in the Broxburn Conservation Area, the removal of this section of wall will not significantly impact on the character of the conservation area which has recently gone through a significant change with the demolition of the former primary school and the construction of new council housing. The safety of the access was considered under the previous application and Transportation raised no objections. Whilst opening up the wall will allow some road noise through, the new house will mitigate against that. The proposals accord with policies ENV23 and ENV24 (Conservation Areas) of the Local Development Plan. Recommendation is therefore to grant conservation area consent.

Page 3 of 5 Meeting Date: 17 June 2020 Ref. No.: 0317/FUL/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Change of use from offices (class 4 ) to a mixed use development comprising a public house, retail (class 1), offices (class 2 and 4), restaurant (class 3), non-residential institution (class 10) and leisure (class 11) uses and external alterations Address: New Cheviot House,Almondvale Boulevard, Almondvale, Livingston, West Lothian (Grid Ref: 305207,666815) Applicant: Type: Local Application Om Par Ltd Ward: Livingston South Case Officer: Steven McLaren Summary of Representations

One objection received: - Development will impact adversely on the viability of Livingston town centre. - 20 vacant units within The Centre. - Recent significant impact on retail sector. - Proposals could undermine Livingston's role as a sub-regional retail and commercial centre.

Officers report

The proposal is for the former Sheriff Court building to be utilised for a variety of potential uses including shops, office, public house, non-residential institutions (such as a nursery) or leisure uses. The application covers a wide range of appropriate alternative uses for the building and will be reliant on tenants coming forward with enquiries. The site lies within the identified Livingston Town Centre boundary which is a sub-regional centre serving council wide catchment and beyond. The Sheriff Court building has lain vacant since 2017 and is in a prominent location at the towns civic square which leads to the council's headquarters at the Civic Centre. The objection from the operators of The Centre has raised concerns over the impact on existing retail uses and cites the current level of vacancy within The Centre along with the Covid-19 impact on retail and the longer term impact this may have. It cites that this development may undermine Livingston town centre as a sub-regional centre. The Livinston sub-regional centre is not simply the shopping malls but encompasses a wider area which includes the application site. Whilst it is acknowledged that the owners of The Centre have concerns, the proposed uses for the building are appropriate for the allocated town centre and commercial competition is not a material planning consideration. The proposals accord with policy TCR1 (town centres) of the Local Development Plan. Recommendation is therefore to grant planning permission.

Page 4 of 5 Meeting Date: 17 June 2020 Agenda Item 9

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 29th May 2020

Ref. No.: 0875/P/19 Recommendation: Grant Planning Permission in Principle Proposal: Planning permission in principle for the demolition of former abattoir and a 6.5ha residential development with associated works Address: Former Abbatoir,Whitburn Road, Bathgate, West Lothian, (Grid Ref: 296520,666999) Applicant: Type: Major Application Kalvec Limited Ward: Bathgate Case Officer: Mahlon Fautua Summary of Representations

One Objection - Further developments cannot be sustained. Schools, roads and amenities are already stretched to the limit.

Officers report

The principle of residential development is supported by the West Lothian Local Development Plan Site Allocation reference H-BA 27. The applicant has satisfactorily demonstrated that the site can be safely developed in terms of traffic capacity, ground stability, ground contamination and flood risk.

While there is no known infrastructural constraints on education, the applicant has accepted the relevant developer obligations required to ensure that any impact on provision is mitigated.

Therefore it is recommended that the application for planning permission in principle is granted to conditions and the securing of the relevant developer obligations.

Page 1 of 5 Meeting Date: 17 June 2020 Ref. No.: 0227/H/20 Recommendation: Refuse Permission Agenda Item 9 Proposal: Extension to house Address: 6 Back Station Road,Linlithgow, West Lothian, EH49 6AD, (Grid Ref: 300624,677061) Applicant: Mr & Mrs Stan Hughes And Carole Type: Local Application Racionzer

Ward: Linlithgow Case Officer: Rachael Lyall Summary of Representations

One objection - - Concerns over demolition of the existing garage de-stabalising the canal bank, - Concerns over demolition of the existing garage causing damage to neighbouring property, - Demolition of boundary wall, - Position of proposed flue.

Officers report

This planning application proposes the erection of a side and rear extension on the property at 6 Back Station Road, Linlithgow.

The rear extension will measure 7.257m x 3.585m and will be 7.255m in height. The rear extension proposes a gable pitch roof which matches that of the existing house. The side extension is to measure 4.865m x 2.360m and will also measure 7.255m to the ridgeline of the mono-pitch roof which is to also feature a gable pitch dormer extension. The proposed dormer extension will not overlook any neighbouring property due to the opening being opaque glazing, however will appear prominent from the canal and will significantly impact the visual amenity. The new garage will be of a smaller scale in comparison to the existing garage.

The installation of windows are proposed for both the east and south facing elevations. The windows proposed for the east elevation will overlook the applicants driveway. The proposed windows will not overlook any neighbouring property and will not be of any significant impact due to landscaping which provides sufficient screening on the boundary. The windows, doors and materials proposed for the extension are to match that of the existing house.

Although the proposal will not overlook or overshadow any property to a significant extent, the proposed works will impact on the visual amenity and will be particularly visible from the canal. The proposed extension and dormer will appear prominent and will not appear as subsdiary to the existing house due to the height of the proposed ridgelines sitting uniform with the existing ridgeline. The design of the extension does not respect the character of the existing house and is not of a sufficiently high standard for the location within the conservation area. The applicant was requested to amend the plans but no revisions have been recieved.

This proposal is contrary to West Lothian Council's Local Development Plan's Design Principles (DES1) Policy and guidance given in the House Extension and Alteration Design Guidelines, 2015. It is recommended that the application is refused planning permission. Page 2 of 5 Meeting Date: 17 June 2020 Ref. No.: 0285/H/20 Recommendation: Grant Planning PermissionAgenda Item 9 Proposal: Two storey extension to house Address: 71 Cypress Glade,Adambrae, Livingston, West Lothian, EH54 9JH (Grid Ref: 304465,665290) Applicant: Mrs R Sidaway Type: Local Application

Ward: Livingston South Case Officer: Rachael Lyall Summary of Representations

One objection - - Impact on privacy, - Potenital for overbearing effect, - Detrimental impact on visual amenity, - Scale and design of proposed works.

Officers report

This planning application proposed the erection of a two storey side extension on the property at 71 Cypress Glade, Livingston.

The proposed extension is to provide additional living accommodation and the proposed extension is to be erected on the west elevation of the existing house. The front elevation of the extension will feature a dormer window on the upper floor and a window opening on the ground floor, both of which will overlook the applicants front garden. When considering rear elevation and the privacy of neighbours, there are no overlooking windows proposed for the first floor. There are windows proposed for the ground floor to the rear, however they are proposed to wrap around the south-west corner of the house in order to minimise the impact on the neighbours privacy.

The materials proposed for the extension are to match those of the existing house.

Revised plans were submitted which demonstrated a reduction in length. The extension has been reduced in length from 9.005m to 8.725m which has also resulted in the front elevation being pushed back from the main building line and also allows for the extension to sit further from the side and front boundary. The height of the eaves have also been revised so that the eaves to the front sit higher and closer to the existing eaves. The stepping back of the front elevation and the siting of the roofline below the main house allows for the extension to appear subsidiary to the house. Although the extension does bring the house nearer to the boundary with the neighbour, it is still approximately 4.5m away from the boundary. The extension is to the north of the neighbours garden and so it will not cause an issue with overshadowing.

Page 4 of 5 DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 5th June 2020

Ref. No.: 0275/FUL/20 Recommendation: Grant Planning Permission Proposal: Formation of two open-air horse arenas and siting of three stable blocks totalling 158sqm, siting of a static caravan and as amended to include additional hard standing (in retrospect) Address: Kingsfield Equestrian Centre,Kingsfield, Linlithgow, West Lothian, EH49 6BD (Grid Ref: 302660,677666) Applicant: Kingsfield Livery Yard Type: Local Application

Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

There have been 4 objectios made: - No justification for works or static caravan. - Caravan unsightly. - Parking issues. - Impact on visual amenity. - Increase in traffic. - Traffic movement at anti-social times. - Storage of horse boxes. - LPG tank safety issues. - Over development of site. - Damage to landscaping. - Maneuvering of heavy machinery and public safety.

Officers report

Planning permission was granted for the rehabilitation of the farm steading and the construction of a horse livery building on 20/6/02 (Ref: 0141/FUL/02 and 0424/FUL/02). Both developments were considered in tandem and there are no conditions on the permission for the livery which restricts vehicle movements, numbers of visitors or operating times. Planning permission was granted for a 1500sqm arena building to the west side of the livery on 27/11/15 (Ref: 0469/FUL/15). A condition was applied to this permission restricting the use of the building to horses stabled at the livery only and not for Page 1 of 5 third party use. This permission has lapsed and the building was not constructed.

The larger of the 2 open air arenas has been constructed on the site of the previously approved arena building and the second smaller arena lies to the south side of the existing livery building. The applicant advises that these arenas have been constructed to improve exercise facilities for customer's horses. The 3 additional stable buildings lie on the south side of the existing livery building and adjacent to the smaller arena. One of the stables has been on site since prior to 2015 and the other 2 have been on site for around 2 years. These stables can accommodate up to 10 horses and the applicant has advised that these stables are for the benefit of staff rather than additional customers. Given that staff will be at the site in any case, it is unlikely that these stable will result in any increase in traffic movements. The provision of horse riding arenas and stables at an established livery business is acceptable in terms of policy ENV3 (other development in the countryside) of the adopted West Lothian Local Development Plan. 2018.

The caravan which had been placed on site was required for a night watchman. The caravan is now no longer required and will be removed from site. Due to complaints regarding the parking of horse boxes and the impact this has on the availability of parking at the site, the applicant has formed a 150sqm area of hard standing between the existing parking area and the smaller arena. It is intended that horse boxes will be parked in this location, taking them away from the nearby houses and freeing up customer/visitor parking. Whilst retrospective, this is seen as positive action by the operator to alleviate parking issues.

Whilst not a planning matter, the applicant has taken on board concerns about vehicle movements around an underground LPG tank and will investigate and implement an appropriate safe stand off distance for vehicles.

Given the previous condition relating to the use of the un-implemented arena building, it would be appropriate to recommend granting retrospective consent subject to conditions on the use of the arenas being restricted to horses stabled/grazed at the site, the parking of all horse boxes on the area of hard standing created and landscaping to be carried out.

Page 2 of 5 Ref. No.: 0315/H/20 Recommendation: Refuse Permission Proposal: Two storey extension to house Address: 2 Highfield Avenue,Linlithgow, West Lothian, EH49 7BE, (Grid Ref: 299224,677040) Applicant: Ms S McCRorie Type: Local Application

Ward: Linlithgow Case Officer: Rachael Lyall Summary of Representations

N/A

Officers report

This planning application proposes the erection of a two-storey extension on the property at 2 Highfield Avenue, Linlithgow.

The proposed extension is to be 6.70m x 6.70m and will be 7.16m in overall height which will result in the proposed ridgeline of the extension sitting 1.22m higher than the ridgeline of the existing house. The extension is to feature a gable pitch roof and both of the front and rear elevations of the extension are to be predominately glazed. South-facing solar panels are also proposed to be installed within the roof space of the extension.

The existing property is located on a corner plot in which the proposed extension will appear prominent on the street and will significantly impact on the visual amenity of the existing house and surrounding area. The proposed extension does not appear as subsidiary to the existing property and instead appears as dominant due to the proposed ridgeline. It is advised that the ridgeline of an extension should be lower than the ridge of the roof of the main house. Additionally, West Lothian Council's House Extension and Alteration Design Guide states that 'a two storey extension to a single storey house will rarely be acceptable'.

This proposal does not adheres to West Lothian Council's Local Development Plan's Design Principles (DES1) Policy or the guidance given in the House Extension and Alteration Design Guidelines, 2015.

It is therefore recommended that this application is refused planning permission.

Page 3 of 5 Ref. No.: 0328/FUL/20 Recommendation: Refuse Permission Proposal: Application under Section 42 to remove condition 7 of planning permission 0426/MSC/18 regarding the retention of boundary planting Address: Site At East Main Street,Broxburn, West Lothian, , (Grid Ref: 308173,672215) Applicant: Type: Local Application TJ Morris Ltd Ward: Broxburn, Uphall & Winchburgh Case Officer: Steven McLaren Summary of Representations

There have been 2 objections raised: - Visual amenity. - Reduced light and noise pollution from industrial estate. - Detrimental to flora in the area. - Significant change from approved plans. - Impact on wildlife habitat.

Officers report

Planning permission in principle was granted for the development of retail units and a public house/restaurant on this site on 7/11/16 (Ref: 0080/P/16). Condition 7 of the Matters Specified in Conditions permission dated 29/11/18 (Ref: 0426/MSC/18) clearly requires that the existing trees/planting adjacent to the eastern boundary of the site shall be protected from damage during the construction works. The reason given is in the interest of visual and environmental amenity of the area. The landscaping on this boundary takes the form of a substantial Beech hedge which has been allowed to grow to an estimated 6m-8m in height. The result is that this hedge is now a significant landscape feature within the street scape, particularly when seen from the west. The landscaping screens the industrial units and yard areas at East Mains Industrial Estate to the benefit of the town and its removal, either wholly or in part, would result in a detrimental impact on the amenity of the area. The council's adopted non-statutory Planning Guidance (SG): Planning for Nature, Development Management & Wildlife sets out the council's position on the impact developments have on biodiversity and the need to protect and enhance the wider biodiversity of West Lothian. The removal of this landscaping would therefore have a detrimental impact on both the visual amenity and biodiversity of the area.

The proposals are therefore contrary to policies DES1 (design principles), ENV9 (woodland, forestry, trees and hedgerows) and ENV10 (protection of urban woodland) of the adopted West Lothian Local Development Plan, 2018 and the adopted SG Planning for Nature.

Recommendation is therefore to refuse planning permission for the removal of condition 7.

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