Glasgow City Council Planning Applications Committee, 15 August 2006 Report by Director of Development and Regeneration Services Contact: Dougie Veitch Ext: 76047 Update Report on Decisions Appealed to Scottish Ministers Purpose of Report: The purpose of this report is 1 to advise Committee of a reporting procedure on appeal decisions, and 2 to provide a summary report on the outcome of appeals made to Scottish Ministers from 1 January 2006 to 30 June 2006. Recommendations: It is recommended that Committee notes this report. Ward No(s): Citywide: √ Local member(s) advised: Consulted: √ √ No Yes No Yes PLEASE NOTE THE FOLLOWING: Any Ordnance Survey mapping included within this Report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to licence Ordnance Survey mapping/map data for their own use. The OS web site can be found at “<http://www.ordnancesurvey.co.uk>". If accessing this Report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale. 1. BACKGROUND 1.1 Planning legislation entitles applicants to the right of appeal to Scottish Ministers in various circumstances. This right is most commonly exercised where the Council a) refuses an application b) grants an application subject to conditions c) fails to give notice of determination of an application within 2 months d) serves a notice under its enforcement powers. 1.2 Appeal decisions are of special interest to the Council as they represent an independent appraisal of Council decisions and may impact on policy. Of particular importance are those that are sustained (Scottish Ministers support the appellant rather than the Council). These may lead to amendment of policy. Those that are dismissed (Scottish Ministers support the Council rather than the appellant) affirm the validity of policy. As part of the City Plan Monitoring process, a detailed report on appeals was considered by the Development & Regeneration Committee on 20 October 2005. This highlighted particular appeal decisions impacting on policy which is being addressed in City Plan 2. It is intended that this annual review continues. 1.3 In addition to the annual report presenting a full review of a year’s appeal decisions, a need has been identified to advise members of the outcome of appeals on a more immediate basis – as soon as appeal decisions are received. This will provide members and other interested parties a more complete understanding of the final outcome of any decisions on applications that may have been taken, and allow members the opportunity to consider whether any further action, such as challenge by the Council of the appeal decision at the Court of Session, should be taken. 1.4 It is proposed that reports on the outcome of appeals be submitted to Committee when decision letters are received from Scottish Ministers. For dismissed appeals, where no further action by the Council is likely, a summary report on a monthly basis will be presented to Committee, unless there are particular decisions which need to be brought to the attention of Committee. Where appeals are sustained, or part sustained, it is proposed to report these individually, whenever received. 2. APPEAL DECISIONS 2.1 It is intended that new reporting procedure be established as soon as possible. In the interim, it is considered that it would be of assistance to members to note the outcome of appeal decisions received for the first half of this year. These are included as Appendix 1 to this report. 2.1 Table 1 below summarises the outcomes. (Withdrawn are included under dismissed) PLANNING APPEAL ENFORCEMENT APPEAL TOTAL Dismissed Sustained or Dismissed Sustained or Dismissed Sustained or part part part sustained sustained sustained Number % Number % Number % Number % Number % Number % 27 61 17 39 11 74 4 26 38 64 21 36 Page 2 of 14 2.2 Appeals require to be submitted within specific time periods e.g. 6 months for planning appeals. Therefore, some of the planning appeals determined this year will relate to decisions that were taken last year. Nevertheless, to give an indication of the level of appeal activity, it is useful to advise members that approximately 1630 planning applications have been determined since the start of the year. This means that only 2.7% of planning decisions were appealed, and in only 1% of cases was the Council’s decision successfully challenged. 3. RECOMMENDATIONS 3.1 Committee is asked to note this report. 4. SERVICE IMPLICATIONS Financial: Nominal: staff and other administrative costs in preparation of future reports Legal: None. Personnel: None Service Plan: Contributes to DRS Service Objective 4 – Policy Development and Implementation – by supporting appropriate development in the city. Page 3 of 14 DEVELOPMENT AND REGENERATION SERVICES DEVELOPMENT CONTROL APPEAL INFORMATION List of Appeals decided for period: 1st JANUARY to 30th JUNE 2006 LIST OF APPEALS DECIDED DECISION APPLICATION APPEAL SITE PROPOSAL APPLICANT DRS COM APPEAL SDD REFERENCE NO RECEIVED DECISION DATE 03/00788/EN 28.07.2005 Flat 0/2 Unauthorised use of flat as Abhishek Mani Enforcement 05.01.2006 P/ENA/260/156 Enforcement 7 Clydebrae Drive 131 Wilton Street multiple occupancy Notice Appeal Bothwell Quashed Glasgow G71 8SB G20 6DQ 05/00316/EN 18.08.2005 4 Nithsdale Place Unauthorised installation of Mohammed Hanif Dismissed 10.01.2006 P/LBE/260/66 Listed Building UPVC windows Chaudhry Enforcement Glasgow Main Door Flat Appeal G41 2QZ 4 Nithsdale Place Glasgow G41 2QZ 05/00279/EN 19.08.2005 Flat 1/1 Unauthorised installation of A Shakoor Dismissed 11.01.2006 P/ENA/260/158 Enforcement UPVC windows 3 Nithsdale Place Appeal 3 Nithsdale Place Glasgow Glasgow G41 2QZ G41 2QZ 03/00340/EN 05.09.2005 Flat 1/1 Use of flat as multiple Saad Al-Shybani Enforcement 11.01.2006 P/ENA/260/159 Enforcement 104 Clarence Drive 78 Otago Street occupancy. Notice Appeal Glasgow Quashed Glasgow G12 9RW G12 8PA 05/02026/DC 08.11.2005 Site Of T-Mobile Apparatus Installation of 11.7 metre high T-Mobile (UK) Ltd RF RF Withdrawn 17.01.2006 P/PPA/260/368 Planning On Footway At Priesthill telecommunication monopole Hatfield Business Park Appeal Road/ with three antennas, two Hatfield Househillwood Road equipment cabinets and Herts AL10 9BW ancillary development. Glasgow 05/02718/DC 20.10.2005 145 St Vincent Street Display of externally 145 St Vincent Street Ltd GC GC Dismissed 17.01.2006 P/ADA/260/498 Advertisement Glasgow illuminated banner on scaffold Mercantile Chambers Appeal for a temporary period. 53 Bothwell Street G2 5NU Glasgow G2 6TS Page 5 of 14 LIST OF APPEALS DECIDED DECISION APPLICATION APPEAL SITE PROPOSAL APPLICANT DRS COM APPEAL SDD REFERENCE NO RECEIVED DECISION DATE 05/00681/DC 19.01.2006 148 Dumbarton Road/ Installation of external air Careers Scotland RD RD Dismissed - 18.01.2006 P/PPA/260/385 Planning 3 Byres Road conditioning chiller units in 150 Broomielaw Atlantic Time Barred common court. Quay Appeal Glasgow Glasgow G2 8LU 05/00660/DC 20.10.2005 6-8 Use of office premises as Stella Properties Ltd RF RF Dismissed 19.01.2006 P/PPA/260/366 Planning John Street residential flats with erection of 19 Waterloo Street Appeal rooftop extension and external GLASGOW Glasgow alterations. 05/00661/DC 24.10.2005 6-8 Use of office premises as Stella Properties Ltd RF RF Dismissed 19.01.2006 P/LBA/260/82 Listed Building John Street residential flats with erection of 19 Waterloo Street Appeal rooftop extension and external GLASGOW Glasgow alterations. 04/03260/DC 04.10.2005 110 Binend Road Erection of free standing Thomas Keenan RF RF Dismissed 23.01.2006 P/PPA/260/363 Planning Glasgow garage to side of property 110 Binend Road Appeal (Retrospective). Glasgow G53 5HQ G53 5HQ 05/00704/DC 19.10.2005 Flat B/1 External alterations to flat. Steven R Watson RF RF Dismissed 23.01.2006 P/PPA/260/365 Planning 67 Dowanside Road 67 Dowanside Road Dowanhill Appeal Glasgow Glasgow G12 9DL G12 9DL 05/00705/DC 19.10.2005 Flat B/1 External alterations to flat. Steven R Watson RF RF Dismissed 23.01.2006 P/LBA/260/81 Listed Building 67 Dowanside Road 67 Dowanside Road Dowanhill Appeal Glasgow Glasgow G12 9DL G12 9DL Page 6 of 14 LIST OF APPEALS DECIDED DECISION APPLICATION APPEAL SITE PROPOSAL APPLICANT DRS COM APPEAL SDD REFERENCE NO RECEIVED DECISION DATE 05/02229/DC 07.10.2005 116 Hillpark Drive Erection of three storey Mr Chand RF RF Sustained on 23.01.2006 P/PPA/260/364 Planning Glasgow extension to dwellinghouse. 116 Hillpark Drive Condition Appeal Glasgow G43 2RJ G43 2RJ 05/00351/EN 11.10.2005 50 Edinburgh Road Unauthorised siting of two Kaldis Company Limited Dismissed 23.01.2006 P/ENA/260/160 portable buildings. 50 Edinburgh Road Enforcement Baillieston GLASGOW Appeal Glasgow G69 6BZ G69 6BZ 05/00542/DC 26.11.2005 127 Argyle Street Display of one internally JJB Sports RF RF Dismissed 09.02.2006 P/ADA/260/499 Advertisement Glasgow illuminated box fascia sign and Martland Park one internally illuminated Challenge Way Appeal G2 8BX projecting box sign. Wigan Lancashire WN5 0LD 05/00742/DC 07.11.2005 111 South Hallhill Road Display of internally illuminated Patrick Giblin RF RF Dismissed 10.02.2006 P/ADA/260/497 Advertisement Glasgow static advertising hoarding. 68 Whirlow Road Appeal Garrowhill G32 0PB Glasgow G69 6QE 05/01042/DC 02.12.2005 108 Renfield Street Display of internally illuminated Forrest Outdoor Media RF RF Dismissed 10.02.2006 P/ADA/260/503 Advertisement Glasgow advertisement hoarding on 7 Seaward Street side of building.