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: Livingston North 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