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Planning Application 18/01576/APP – Convert part of bar to 3no flats at The Golden Pheasant, North Street, Bishopmill, Elgin, IV30 4EF
A request was submitted by the Applicant seeking a review of the decision of the Appointed Officer, in terms of the Scheme of Delegation, to refuse an application on the grounds that:
The proposal is contrary to the Moray Local Development Plan 2015 because:
- The proposal would involve a significant intensification of the use of an existing access where visibility is severely restricted and the access lane is not wide enough to allow two vehicles to pass clear of the public road. This proposal will therefore fail to provide safe entry and exit to the site, giving rise to conditions detrimental to the safety of road users. This is contrary to policies T2, H1 and IMP1.
- A Noise Impact Assessment has not been provided that demonstrates the occupants of the proposed residential units will not be subject to adverse noise emissions detrimental to their residential amenity from nearby sources (road traffic, the remaining public house, it's internal ventilation systems and the car parking area to the rear). This is contrary to policies EP8 and IMP1.
The proposal also fails to comply with the requirements of the Proposed Moray Local Development Plan 2020 (policies PP3, DP1, DP2 and EP14).
A Summary of Information Report set out the reasons for refusal, together with documents considered or prepared by the Appointed Officer in respect of the planning application, in addition to the Notice of Review, Grounds for Review and supporting documents submitted by the Applicant.
With regard to the unaccompanied site inspection carried out on 24 May 2019, the Chair stated that all present members of the Moray Local Review Body (MLRB), with the exception of Councillors Ross and Coy, were shown the site where the proposed development would take place and had before them papers which set out both the reasons for refusal and the Applicant's grounds for review.
In response to a question from the Chair as to whether the Legal or Planning Advisers had any preliminary matters to raise, both the Legal and Planning Advisers advised that they had nothing to raise at this time.
The Chair asked the MLRB if it had sufficient information to determine the request for review. In response, the MLRB unanimously agreed that it had sufficient information.
Councillor Bremner, having had the opportunity to visit the site and consider the Applicant's grounds for review stated that he had some sympathy for the application however based on the current policies of the Council saw no way that the MLRB could approve the application.
The Chair shared the same opinion as Councillor Bremner and moved that the MLRB refuse the appeal and uphold the original decision of the Appointed Officer to refuse planning application 18/01576/APP.
There being no-one otherwise minded, the MLRB agreed to dismiss Case LR222 and uphold the original decision of the Appointed Officer to refuse Planning Application 18/01576/APP as the proposal is contrary to Policies T2, H1, EP8 and IMP1 of the Moray Local Development Plan 2015.