DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 12th January 2018

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.: 0916/FUL/17 Recommendation: Grant Planning Permission

Proposal: Change of use from general industrial (class 5) to use as a car and van storage compound (class 6) and installation of security lighting & CCTV (Site 1) (In retrospect) Address: Land At Connelly Court,Kirknewton, West Lothian, , (Grid Ref: 310297,668433)

Applicant: Grieve Properties Type: Local Application Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations One objection - Loss of privacy - Noise and unsocial hours of operation - Loss of trees within the site - Impact on property value - Failure to take enforcement action on a number of developments in the area Reason for Recommendation The change of use is acceptable in terms of being an employment use within an existing employment area. Although the site is allocated for housing development in the West Lothian Local Plan and West Lothian Local Development Plan, the proposed use is more compatible with surrounding land uses. The bund at the east boundary of the site provides a large degree of screening that means privacy of neighbouring properties will not be unreasonably harmed. Conditions regarding lighting, hours of operation and hours of deliveries to the site will be attached to the planning permission to ensure that nearby residential properties are not adversely affected by the use. Conditions will also be attached to ensure appropriate road markings that show a right turn to the access, and for visibility splays. An advisory note will be attached regarding contaminated land.

Page 1 of 10 The representation submitted gives grounds that enforcement action has not been carried out on developments in the Camps Industrial Estate. This is not a material consideration in determining this application; although the application is retrospective, it has not been submitted as a result of enforcement complaints or investigations. The impact on property value is also not a material consideration.

Page 2 of 10 Ref. No.: 0917/FUL/17 Recommendation: Grant Planning Permission Proposal: Change of use from general industrial (class 5) to use as a car and van storage compound (class 6) and installation of security lighting & CCTV (Site 2) (In retrospect) Address: Land At Connelly Court,Kirknewton, West Lothian, , (Grid Ref: 310297,668433) Applicant: Type: Local Application Grieve Properties Ward: East Livingston & East Calder Case Officer: Matthew Watson Summary of Representations

One objection - Loss of privacy - Noise and unsocial hours of operation - Loss of trees within the site - Impact on property value - Failure to take enforcement action on a number of developments in the area

Reason for Recommendation

The change of use is acceptable in terms of being an employment use within an existing employment area. Although the site is allocated for housing development in the West Lothian Local Plan and West Lothian Local Development Plan, the proposed use is more compatible with surrounding land uses. The bund at the east boundary of the site provides a large degree of screening that means privacy of neighbouring properties will not be unreasonably harmed.

Conditions regarding lighting, hours of operation and hours of deliveries to the site will be attached to the planning permission to ensure that nearby residential properties are not adversely affected by the use. Conditions will also be attached to ensure appropriate road markings that show a right turn to the access, and for visibility splays. An advisory note will be attached regarding contaminated land.

The representation submitted gives grounds that enforcement action has not been carried out on developments in the Camps Industrial Estate. This is not a material consideration in determining this application; although the application is retrospective, it has not been submitted as a result of enforcement complaints or investigations. The impact on property value is also not a material consideration.

Page 3 of 10 Ref. No.: 0926/H/17 Recommendation: Grant Planning Permission Proposal: Erection of a shed (in retrospect) Address: 14 Aller Place,Eliburn, Livingston, West Lothian, EH54 6RF (Grid Ref: 304093,667873) Applicant: Ms Melissa MacSwan Type: Local Application

Ward: Case Officer: Tiwaah Antwi Summary of Representations

One representation - Fire hazard given proximity to neighbouring property.

Reason for Recommendation

The shed is constructed of timber and is of an acceptabe, residential scale, to the rear of the property where it is not visible from the street. It measures 6 metres wide, 3.3 meters in length, 2.56 metres in height and does not overshadow or overbear any neighbouring property.

The objector's issue of fire hazard is not a planning matter while it is close to the boundary, the proximity does not give rise to a loss of amenity for any neighbouring properties.

The shed features patio doors to the front looking directly into applicant's own garden ground, hence, there are no issues regarding privacy.

Page 4 of 10 Ref. No.: 0933/FUL/17 Recommendation: Refuse Permission Proposal: Change of use from public open space to private garden ground Address: 33 Ecclesmachan Road,Uphall, Broxburn, West Lothian, EH52 6JP (Grid Ref: 305907,672219) Applicant: Mr Donald Allan Type: Local Application

Ward: Broxburn, Uphall & Winchburgh Case Officer: Lindsey Patterson Summary of Representations

None

Reason for Recommendation

The proposal is for the change of use from open space to private garden ground to the rear of the applicant's property.

Although the applicant's property is within the settlement boundary the application site is behind the house, outwith the settlement boundary, on land designated as countryside belt within the West Lothian Local Plan and the emerging Local Development Plan. The area is currently part of a community woodland and as such, open space constraints on development therefore apply.

It is considered that granting such a proposal would set a precedent for other residents to purchase additional garden space, cumulatively resulting in a significant loss of open space, and giving rise to potentially sporadic development.

Policy COM 2 aims to protect areas of open space from unsuitable development and Policy ENV 23 seeks to avoid development within the countryside where there is no specific locational need.

The proposal is contrary to council Polices COM 2 and ENV 23 as it would result in unsuitable development of open space within the countryside and therefore is recommended for refusal.

Page 5 of 10 Ref. No.: 0969/H/17 Recommendation: Grant Planning Permission Proposal: Enlargement of dormer, replacement of conservatory and enlargement of driveway Address: 21 Inch Crescent,Bathgate, West Lothian, EH48 1EU, (Grid Ref: 298980,668087) Applicant: Mrs Linsay Thacker Type: Local Application

Ward: Bathgate Case Officer: Tiwaah Antwi Summary of Representations

One representation - Loss of privacy

Reason for Recommendation

The dormer and conservatory are both located to the rear of the application property. The existing dormer is 2.97 metres deep and 3.5 metres wide; it is proposed to extend it to a depth of 4.8 metres and a width of 5.5 metres. It would not overshadow the existing property or any neighbouring property due to its scale and location. The proposed replacement conservatory is slightly smaller than the existing, and is in the same location.

The proposals will not be detrimental to the appearance of the property or the overall street scene.

The dormer windows look into the applicant's own garden ground, and beyond that, into the rear garden of a neighbouring property. This is currently a privacy issue, but would not be significantly exacerbated by the proposed extension. The dormer and conservatory would be finished to match the existing dwelling house.

The extended driveway would allow additional car parking.

The proposals are considered to accord with council policy and guidance and it is proposed to grant planning permission.

Page 6 of 10 Ref. No.: 0972/FUL/17 Recommendation: Refuse Permission Proposal: Change of use from estate agent to hot food takeaway with existing chimney used for extractor fan duct Address: 3 Hopetoun Street,Bathgate, West Lothian, EH48 4PA, (Grid Ref: 297477,668924) Applicant: Ms Karen Tweedie Type: Local Application

Ward: Bathgate Case Officer: David Allan Summary of Representations

3 representations - Impacts to residential and neighbouring amenity from smells/cooking odour - Disturbance from deliveries - Lack of parking - Potential dangers from use of chimney stack to house exctraction flue

Reason for Recommendation

The application site is located within the designated town centre for Bathgate with residential properties directly above. Proposed cooking equipment includes an oven & hob, griddle, and microwave. The proposed ventilation/extraction ducting is to be installed within an existing internal chimney which terminates at a steel cowl on the roof. The use of this chimney for ventilation/extraction is unacceptable on grounds of anticipated impacts to residential amenity from noise and vibrations. As such it is recommended that planning permission be refused.

Page 7 of 10 Ref. No.: 0973/FUL/17 Recommendation: Grant Planning Permission Proposal: Change of use from garage to holiday let accommodation Address: 7 Woodbank Crofts,Armadale, Bathgate, West Lothian, EH48 3AT (Grid Ref: 294193,670197) Applicant: Mr Paul Watson Type: Local Application

Ward: Armadale & Blackridge Case Officer: David Allan Summary of Representations

One representation - Restrictions included on title deed - Adverse impact to neighbouring residential amenity from change in character of property - Proposed holiday let incompatible with croft environment - Adverse impacts to private access track - Strain on shared septic tank

Reason for Recommendation

The proposed change of use will allow an existing garage to be converted for holiday let purposes. The garage is directly adjacent to the existing house and therefore will remain intrinsically linked to the residential plot, with no new access or parking required. The property is set within a generous plot with sufficient distance to neighbouring properties ensuring no adverse impact to residential amenity.

The objection raises non-material matters (title deed restrictions, access and septic tank issues) and gives grounds that the proposed use would be incompatible with the croft's environement, and that there would be an adverse impact on residential amenity. The use would be residential and far enough away from any neighbouring properties to ensure that their amenity would not be compromised. The building is existing and not proposed to be extended, so the impact on the character of the croft would be minimal.

The proposed use is considered appropriate with regard to rural businesses in lowland croft developments and it is therefore recommended that planning permission be granted.

Page 8 of 10 Ref. No.: 0978/FUL/17 Recommendation: Refuse Permission Proposal: Change of use to café with hot food takeaway facility Address: 54 Hopetoun Street,Bathgate, West Lothian, EH48 4EU, (Grid Ref: 297566,669004) Applicant: Mr Ali Temel Type: Local Application

Ward: Bathgate Case Officer: David Allan Summary of Representations

One representation - impacts on residential amenity caused by cooking odours and grease.

Reason for Recommendation

The application site is located within Bathgate Town Centre with residential properties directly above. Planning permission has previously been granted for use as a cake shop/cafe with conditions imposed to restrict cooking methods to avoid open range cooking.

The proposal seeks to allow a more varied food offering, to include: pizza, soup, hot filled rolls, and deep fat frying. The proposed ventilation/extraction is by way of an existing window vent which is located directly beneath a window of the flat above - this is anticipated to generate unacceptable impacts to residential amenity from smell/cooking odours, as suggested in the objection received.

In view of this it is recommended that planning permission is refused.

Page 9 of 10 Page 10 of 10 DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 19th January 2018

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.: 0528/FUL/17 Recommendation: Grant Planning Permission Proposal: Alteration and extension of 3 existing houses and 2 offices, conversion of steading to form 6 houses and 2 offices and erection of 8 houses

Address: Limefield House Business Centre,1-6 Polbeth, West Calder, West Lothian, EH55 8QL (Grid Ref: 303498,664285) Applicant: Type: Local Application Poppit Property Ward: Fauldhouse & The Breich Valley Case Officer: Mahlon Fautua Summary of Representations

Three representations were received. One objection and two letters (including one from Polbeth Community Council) were received neither supporting or objecting to the application.

The objection is summarised below.

- Over development - Inadequate sewage and no gas mains supply - poor vehicular access - the proposed houses do not comply with parking regulations of 1.5 vehicles per household. - no formal risk assessment of the ethylene pipeline - there is no pre-construction phase timetable - the planning application indicates that the current title holder is Lokkie - The planning application indicates plans to connect to public drainage network. This is questionable in view of the limited septic tank arrangements currently serving the existing tenants. - Flooding has occurred on the land adjacent to the site which required significant remedies to be applied by - no habitat surveys have been commissioned Page 1 of 6 Polbeth Community Council do no object but request that strict conditions are placed on any planning permission.

Other comments relate to the access problems and planning history.

Reason for Recommendation

The proposed development is acceptable in accordance with the Development Plan. The mixed use development largely satisfies planning policy and guidance.

The main concerns raised by the objectors can be addressed by suitable site management which would be a requirement or conditions in any planning permission. Any potential access problems would be dealt with by the upgrade of the existing unused access to an adoptable standard which would mean no vehicles would require to use the existing private road on Stable Lane.

The proposed layout has been designed to ensure that a safe distance is kept between the INEOS pipeline and that noise from the adjacent railway line does not have an adverse impact on residential amenity.

It is therefore recommended that planning permission is granted subject to a legal agreement for the securing of the developer contributions and conditions.

Page 2 of 6 Ref. No.: 0895/H/17 Recommendation: Grant Planning Permission Proposal: Extensions to house Address: 40 Stewart Avenue,, West Lothian, EH49 6DH, (Grid Ref: 299179,676756) Applicant: Mr & Mrs Christopher Russell Type: Local Application

Ward: Linlithgow Case Officer: Tiwaah Antwi Summary of Representations

One objection - overshadowing and design

Reason for Recommendation

The proposal is for a single storey rear extension, containing a lounge and a utility room. The proposed extension is of an acceptable scale and would be to the rear of the existing house where it is not visible from the street. The proposed extension will not overshadow or overbear the existing property or any neighbouring property due to its scale, size and location (North) in relation to the sun.

The revised plans address the objection comments from the resident of the adjoining neighbouring property. The 200 mm proximity to the East boundary has been increased to a metre and the ridge height has been reduced to 4.3 metres.

The extension features french doors and a window to the rear of the property looking directly onto the applicant's own garden ground, thus, should not result in any loss of privacy. The extension features red concrete roof tiles, white UPVC double glazed window, timber double glazed doors, rainwater goods and render with brick base course wall finishing , all to match the existing dwelling house.

The proposal will not be detrimental to the appearance of the property or the overall street scene, and will not impact on neighbours' amenity.

Page 3 of 6 Ref. No.: 0938/H/17 Recommendation: Grant Planning Permission Proposal: Extension to house Address: 137 Houstoun Gardens,Uphall, Broxburn, West Lothian, EH52 5PX (Grid Ref: 305825,671253) Applicant: Mrs M Fegan Type: Local Application

Ward: Broxburn, Uphall & Winchburgh Case Officer: Tiwaah Antwi Summary of Representations

One objection - Loss of daylight -Access to shared driveway

Reason for Recommendation

The proposed single storey extension is of an acceptable scale and will be established at the side and rear of the existing house where it is visible from the street. The proposed extension will not overshadow or overbear the existing property or any neighbouring property. The proposed extension would be 4 metres in height, 11 metres wide and 3 metres in length.

The proposed extension passes the daylight assessment and therefore should not give rise to loss of daylight. The agent has also confirmed that the driveways are separate, not shared, and the mutual boundary line runs between the two properties (136 and 137) from the rear to the front garden.

The extension features patio doors and windows to the front and rear of the property looking directly onto the applicant's own garden ground and the street, hence, should not result in any privacy issues. The finishing materials to be used on the roof, windows, doors and walls of the proposed extension have been conditioned to match the existing dwelling house.

The proposal will not be detrimental to the appearance of the property or the overall street scene and complies with policy HOU9 of the West Lothian Local Plan ans the Council's House Extension and Alteration Design Guide 2015.

It is therefore recommended for approval.

Page 4 of 6 Ref. No.: 0996/A/17 Recommendation: Refuse Advertisement Consent Proposal: Display of a fascia sign (in retrospect) Address: 14 East Main Street,Whitburn, West Lothian, EH47 0RB, (Grid Ref: 294717,665005) Applicant: Type: Other Sneddon Morrison Solicitors Ward: Whitburn & Blackburn Case Officer: David Allan Summary of Representations

There are no representations.

Reason for Recommendation

The unauthorised advertisement is attached to the gable elevation of a traditional building at a prominent location within Whitburn town centre. It is an unnecessary addition which contributes to visual clutter at this location and therefore considered to have an adverse impact on environmental amenity. The application has been submitted following action by Enforcement staff, who advised the applicant that the sign was inappropriate and should be removed.

It is therefore recommended that advertisement consent is refused.

Page 5 of 6 Page 6 of 6 DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 26th January 2018

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.: 0682/FUL/17 Recommendation: Grant Planning Permission Proposal: Change of use from hairdressers (class 1) to a wine bar and alterations including removal of render and repainting Address: 62 High Street,Linlithgow, West Lothian, EH49 7AQ, (Grid Ref: 300358,677145) Applicant: Mrs Catherine Garrett Type: Local Application

Ward: Linlithgow Case Officer: Lewis Young Summary of Representations Four letters of representation - Impact on traffic and parking - Noise and impact on residential amenity

Reason for Recommendation

The application seeks full planning permission for the change of use from a hairdressers (Class 1) to a wine bar. The application also includes the proposed removal of the existing render and repainting of the shop front. The application site is a category C listed building and is located within Linlithgow Palace and High Street Conservation Area.

Transportation services have been consulted on the application and raised no objection.

West Lothian Council planning records indicate there is no relevant planning history to the application site in this case. However, applications 0710/LBC/17 (Listed building consent for alterations including removal of render, repainting, display of sign and shop front lighting) and 0681/A/17 (Display of illuminated fascia sign and non-illuminated projecting sign) are being considered in conjunction with this application.

The application is considered to be acceptable in meeting the terms of the West Lothian Local Plan in this case. The proposed change of use would be in keeping with surrounding uses and would not have a detrimental impact on the viability of the town centre. The proposal is therefore considered to comply with the terms of local plan policy TC 14 in this case.

The proposed alterations to the shopfront are considered to be acceptable in design terms and would not have any detrimental impact on the character Page 1 of 7 and appearance of either the category C listed building or the wider conservation area. Historic Environment Scotland were consulted on the application and raised no objections to the proposed external alterations. The application is therefore considered to be acceptable in meeting the terms of policy IMP 15 of the local plan.

It is considered that the proposed change of use would not have any detrimental impact on residential amenity. The application site is in a mixed use area of the town centre which already has a mix of premises open in the evenings. The proposed wine bar would be in keeping with the mixed use nature of this part of the town. In addition to this, the applicants provided an acoustic report which was assessed by West Lothian Council Environmental Health officers and considered to be acceptable. The application is therefore considered to comply with local plan policies HOU 9 and IMP 10.

Page 2 of 7 Ref. No.: 0735/P/17 Recommendation: Grant Planning Permission in Principle Proposal: Planning permission in principle for a 2.7 ha residential development Address: Armadale Greyhound And Sports Stadium,Bathgate Road, Armadale, Bathgate, West Lothian (Grid Ref: 294789,668554) Applicant: Mr William Cochrane Type: Major Application BCBC Properties Ltd Ward: Armadale & Blackridge Case Officer: Tony Irving Summary of Representations

1 objection - Loss of the stadium for speedway use.

1 support representation - Proposal will benefit the area and is a suitable use for the site.

Armadale Community Council has advised it has no objection to the proposal.

Reason for Recommendation

The proposal is for the reuse of the stadium for residential use. As the application is in principle there is no layout or design information. The applicant advises that Edinburgh Monarchs who operate speedway racing from the stadium continue to decline to enter into a lease agreement and thus have shown no commitment to remaining at the stadium.

An identical proposal was refused planning permission in January 2017 on the grounds of inadequate education capacity at Armadale Primary School. The council's Education Planning now advises that the situation has improved in Armadale and it no longer has any objection to the proposal.

While the stadium could be characterised as an urban sports facility, it is of limited value as it only has use for speedway racing. The stadium does not meet the definition of an outdoor sports facility as applied by Sportscotland. It further is not an area that has the appearance or function of open space.

It is considered that the proposed reuse of the site for residential use complies with relevant policies in the West Lothian Local Plan and the proposed Local Development Plan.

Page 3 of 7 Ref. No.: 0911/P/17 Recommendation: Refuse Planning Permission in Principle Proposal: Planning permission in principle for the erection of a dwelling house Address: South Parkley,7 Parkley Craigs, Linlithgow, West Lothian, EH49 6PJ (Grid Ref: 301232,675887) Applicant: Mr Dom DiMascio Type: Local Application

Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

Four objections including one from Linlithgow Civic Trust - - Steading consented in 1989 for 8 houses including the original farm house but the development was revised to 5 houses. - The access to the site is shared. There is no agreement for any additional use. - The proposed house would lie out with the courtyard area of the approved steading conversion. - The proposal is likely to breech a restricted build zone as shown on title plans. - There would be an impact on the residential and visual amenity of existing properties. - The proposed house location will be out of character with the existing steading development. - The proposed house does not conform to original concept of the steading development. - Contrary to council policy for housing in the countryside and supplementary planning guidance. - Concern over proximity of house to LPG tanks. - The applicant is not the sole owner of all the land associated with the application. - Must be considered as a new application and not a continuation of the steading. - Drainage for the steading is to a single septic tank. Agreement for an additional connection cannot be assumed.

Reason for Recommendation

The proposal is for permission in principle for the construction of a house on garden ground to the south of South Parkley which forms part of a steading development granted in 1989.

The site lies out with the settlement boundary for Linlithgow and within an area designated as an Area of Great Landscape Value (AGLV) in the West Lothian Local Plan (WLLP) and a Special Landscape Area (SLA) in the emerging West Lothian Local Development Plan (WLLDP). The proposal is therefore for a new house in the countryside. The applicant has provided no locational justification which would be required undeer Policy ENV 31 of WLLP to support the development. Assessed against that policy, the proposed house is not: a house for a full-time agricultural worker or retired farmer; it is not a visually intrusive brownfield site; it does not replace a house of poor design or result in infill development. Page 4 of 7 The concept of the original steading development was to retain the majority of the steading buildings and create a courtyard area where all the properties are accessed. An element of new build was permitted to facilitate the conversion however, circumstances resulted in the original concept being altered and a reduced number of houses being constructed. The steading development is considered to be complete. A new house in the proposed location would be out of keeping and to the rear of the existing houses, it would be incongruous with the steading to the detriment of the design, character and integrity of the original development and would impact on the residential and visual amenity of the area for the existing residents.

The development is therefore contrary to the following policies and guidance of the WLLP and WLLDP and recommendation is to refuse permission.

ENV19 (areas of great landscape value) of the WLLP ENV31 (development in the countryside) of the WLLP HOU9 (residential and visual amenity) of the WLLP IMP14 (supplementary planning guidance) of the WLLP IMP15 (design) of the WLLP DES1 (design principles) of the WLLDP ENV2 (housing development in the countryside) of the WLLP SPG New development in the countryside

Page 5 of 7 Ref. No.: 0981/FUL/17 Recommendation: Grant Planning Permission Proposal: Erection of boundary wall and gate, erection of retaining wall, formation of car park and erection of 12.5sqm shed (in retrospect) Address: Queens View,3B Parkhead Holdings, Parkhead Road, Linlithgow, EH49 7RF (Grid Ref: 305280,667171) Applicant: Mr Steven Cairns Type: Local Application

Ward: Linlithgow Case Officer: Steven McLaren Summary of Representations

Seven objections -

- Boundary wall higher and longer than originally approved resulting in poor visibility a hazard for drivers and pedestrians. - The property being run as a B & B will result in visitors unfamiliar with the road resulting in a potential hazard. - The road to properties at Parkhead Holdings is narrow and the wall exacerbates this. - Why is the additional shed required when there is storage space in the former stable building. - As there is no increase in B & B capacity, why is additional car parking required. - The wall should be replaced with a post and wire fence to improve visibility.

Comments have been received from Linlithgow and Linlithgow Bridge Community Council which are not material to the deliberation of the application.

Reason for Recommendation

The application is in retrospect for the erection of a boundary wall and gate, the erection of a retaining wall, the formation of car park area for visitors to the bed and breakfast and siting of a 12.5sqm storage shed. The additional parking did not form part of the original permission for the bed and breakfast; however the inclusion of additional parking to the west side of the building adjacent to the bed and breakfast accommodation does not impact adversely on the development and provides dedicated parking for guests. The retaining wall again did not form part of the original development but raises no concern and the storage shed is relatively small with no adverse impact on neighbouring properties. Gate pillars and a small section of feature wall did form part of the original permission, the wall however is considerably longer than approved and higher at the gate. Objections have been received, in particular relating to traffic safety due to an interruption of sight lines. Transportation has been consulted and has been given guidance on a modification to a section of the boundary wall which will resolve the issue. Recommendation therefore is to grant retrospective permission subject to a condition requiring a modification to the boundary wall to improve sight lines for vehicles leaving the site.

Page 6 of 7 Page 7 of 7

DATA LABEL: OFFICIAL Development Management List of Delegated Decisions - 2nd February 2018

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.: 0810/FUL/17 Recommendation: Refuse Permission Proposal: Erection of a mixed use development comprising of 6 units for class 1 shops, class 2 financial professional & other services, class 3 food & drink, class 4 business, class 5 general industry, class 6 storage or distribution and hot food takeaway use on the ground floor and 20 (1-bedroom) flats on the upper floors with associated works Address: The Firs,Langside Gardens, Polbeth, West Calder, West Lothian (Grid Ref: 303348,664439) Applicant: Mr Franco Cortellessa Type:

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

28 objections were received including the Polbeth Community Council.

The objection are summarised below.

- loss of community facility -It will make the place look untidy and the flats are just a target for anti social behaviour - The firs is not something you can just dismantle and put a fast food shop in and a betting shop! It's been a pub and it should remain to be a pub! - The village already has 4 shops. 1 fast food and a cafe. It does not need more, especially at the loss of the public house -Spoil the landscape -the increase in traffic -noise and loss of privacy -the proposed development is overbearing and out of character in terms of its appearance compared with the existing housing. -Loads of rubbish and youths hanging about. -the height would definitely take away a lot of the natural light especially in the winter months. -At present our local services ie doctors nurses are very stretched and this will add even more pressure to the community. -As there are 20 flats and 6 shops where will refuse be placed as access will have to be available for refuse collections. -anti-social behaviour from single bed flats -no need

Summary of Representations

The proposed development in principle is acceptable and the mixed use development largely satisfies planning policy and guidance.

However, the size and scale of the proposed building is unacceptable in relation to the site and in particlar the adjacent properties at 14 to 18 Langside Gardens. It is consdered that the building would have an overbearing visual impact on the adjacent gardens.

It is therefore recommended that planning permission is refused.

Ref. No.: 0946/FUL/17 Recommendation: Grant Planning Permission Proposal: Erection of a 556 sqm extension to mosque and formation of additional car parking with associated works Address: Mosque,Craigshill East Road, Craigshill, Livingston, West Lothian (Grid Ref: 306406,668655) Applicant: Type: Local Application Livingston Central Mosque Ward: East Livingston & East Calder Case Officer: Lewis Young Summary of Representations

1 letter of representation was received in relation to this application. The letter of objection raised the following points: - Traffic Congestion -Road Safety

No other letters of representation were received relating to this application.

Summary of Representations

The application seeks full planning permission for the erection of an extension to the existing mosque as well as and extension to the existing car park and associated works. The application site refers to Livingston Central Mosque on Craigshill East Road. The proposed extension is to the north elevation of the building and would accommodate additional prayer areas, kitchen, dining and toilet facilities.

The application must be assessed against the appropriate policies of the West Lothian Local Plan (2009) as well as any other relevant guidance.

West Lothian Council planning records indicate that the following planning history is relevant in the consideration of this application: - Application LIVE/0300/FUL/10 - Erection of a 12.5m high marinet - granted conditional permission under delegated powers - 09.07.2010

West Lothian Council Transportation officers were consulted on the application and did not raise any objection to the proposal.

The application is considered to be acceptable in design terms as the proposed extension would be in keeping with the existing building and would continue a with a similar pattern of design. The proposal is also considered to be acceptable in its scale in relation to the existing building and the surrounding area. The application is therefore considered to be acceptable in meeting the terms of local plan policy IMP 15.

It is not considered that the proposed extension to the mosque or the extension to the car park would have a detrimental impact on residential amenity in the surrounding area in this case. Although the proposal would result in a potential increase in footfall and activity at the mosque it is not considered that this would be of a significant level to impact on residential amenity. The application is therefore considered to be acceptable in meeting the terms of policies IMP10 and HOU9 of the local plan.

Ref. No.: 1027/H/17 Recommendation: Grant Planning Permission Proposal: Raising of ridge height at front of house to form first floor accommodation Address: Burnside Cottage,Burnside Road, Bathgate, EH48 4PX, (Grid Ref: 296964,669221) Applicant: Mr Mark Flockhart Type: Local Application

Ward: Bathgate Case Officer: Tiwaah Antwi Summary of Representations

Two representations have been received for the application.

- Loss of privacy - Overshadowing

Summary of Representations

The proposal will not be detrimental to visual or residential amenity.

The proposed extension is of an acceptable scale and will be established at the side of the existing house where it is visible from the street. The proposed extension will not overshadow or overbear the existing property or any neighbouring property. The proposed extension would increase the total height of the existing house to 6.4 metres in height to form two bedrooms in the attic.

The proposed extensionshould not give rise to loss of daylight as there are no windows or doors of a habitable on the gable wall of the neighbouring property to the West. The roof light to the North elevation is for the first floor stair landing and the indoor swimming pool at neighbouring property to the North is located 40 meters away from the proposed window on East elevation, therefore should not give rise to any loss of privacy to the residents of teh neighbouring properties.

The extension features windows to the East and West elevation of the property looking directly onto the gable wall of the neighbouring property and the street. The finishing materials to be used on the roof, windows, doors and walls of the proposed extension have been conditioned to match the existing dwelling house.

The proposal will not be detrimental to the appearance of the property or the overall street scene and complies with policy HOU9 of the West Lothian Local Plan and the Council's House Extension and Alteration Design Guide 2015.

It is therefore recommended for approval.

Ref. No.: 1064/FUL/17 Recommendation: Grant Planning Permission Proposal: Change of use and sub-division of public house (ground floor ) to form a restaurant and hot food takeaway including extract flue and extract grille Address: 57-59 Hopetoun Street,Bathgate, West Lothian, EH48 4PB, (Grid Ref: 297577,668977) Applicant: Type: Kavreli Group Ltd Ward: Bathgate Case Officer: David Allan Summary of Representations

One representation in support - opportunity to improve site One representation in objection - busy road and lack of parking, disturbance from noise and anti-social behavour

Summary of Representations

The proposal will bring back in to use a prominent commercial property within Bathgate town centre. Use as a restaurant/hot food takeaway is acceptable at this location subject to appropriate mitigation of cooking fumes/odours. There are no residential properties immediately above and the proposed ventilation/extraction is acceptable in principle to Environmental Health - full details to be approved prior to implementation. No objection from roads.

It is therefore recommended that planning permission be granted subject to conditions.

Ref. No.: 1066/FUL/17 Recommendation: Refuse Permission Proposal: Erection of 4 houses Address: Wester Woodside Farm,Torphichen, Linlithgow, West Lothian, EH49 6QE (Grid Ref: 296208,673456) Applicant: Mr William Russell Type: Local Application

Ward: Armadale & Blackridge Case Officer: Mahlon Fautua Summary of Representations

No representations received

Summary of Representations

The proposal does not satisfy the criteria for development in the countryside. Therefore the development is not justified in accordance with the development plan.

In addition, the proposed number of houses would be of scale that would have a detrimental visual impact on the local countryside.

It is therefore recommended that planning permission is refused.