02 May

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From Councillor Ralph Robertson (1st May 2013) :-

I have received this response from the council.

Dear Councillors, I refer to Karen Barrie's recent attendance at the Netherlee Tenants and Residents Association AGM earlier this week.

In this connection, I can confirm that in February 2013, 709 notification letters were issues to every property within the Netherlee Article 4 area , which is proposed in the proposed Local Development Plan to be promoted as a new Conservation Area under Policy D:12 of the Plan.

The letters were addressed to The Owner/Occupier and then every address as detailed in the Excel spreadsheet attached above. The Council has therefore carried out its statutory notification requirements in relation to residents within Netherlee. I have checked with staff and can confirm that we have received many telephone calls from residents in Netherlee who had received the notification letter and were looking for additional information, so we know that letters were successfully received. I cannot account for why a number of residents claim not to have received their letter.

As you are aware, the consultation period for the proposed Local Development Plan closes today and the 12 week consultation period is not being extended.

However, given the circumstances I will accept late representations from residents within the Netherlee Article 4 area on the Conservation Area proposal. We have received telephone calls and e-mails today from residents who were at the meeting and we have advised them of the above.  You might wish to do so for any constituent who raises a similar query.


Councillor Briefing Note:  Proposal for a New Conservation Area at Netherlee To: Cllr McCaskill, Cllr Montague & Cllr Robertson


The new Proposed Local Development Plan (Dec 2012) promotes the designation of a new conservation area at Netherlee.  The area of Netherlee covered by the proposal is outlined in the new Local Development Plan (see link below for plan).  

Conservation areas are areas of special architectural or historical interest, the character or appearance of which it is desirable to safeguard for the enjoyment and benefit of future generations.   Conservation areas do not only seek to protect buildings, they also seek to preserve and enhance the character and appearance of the area as a whole, including spaces between buildings and the protection of trees.

This area of Netherlee is currently covered by an Article 4 Direction Area designation.  The Article 4 Direction was originally put in place to restrict ‘permitted development rights’ which the Council considered could affect the character of the area.  However due to legislative changes, this Direction is now outdated.  Article 4 directions refer only to proposed development to buildings and do not offer controls over the surrounding area.

Legislative changes

‘Permitted development rights’ define what a householder can do to their house without needing planning permission from the Council.   These rights changed on 6th February 2012.   As a result of the legislative changes, the current Article 4 Direction for Netherlee is now outdated.

For those living within a conservation area, the new permitted development rights now place greater controls over  permitted development than was previously the case.  Those conservation area controls are now similar to those currently in place in the Article 4 direction areas and include controls over replacement windows and doors, cladding, painting, new flue, satellite dish, etc. through Class 2B of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended.

Change to a conservation area

These new regulations have led us to reconsider the existing Article 4 areas in East Renfrewshire.  For Netherlee, it is considered that conservation area designation would be the most effective way of ensuring that the area continues to be protected from inappropriate development, and that the character and appearance of the area as a whole is preserved and enhanced.  Therefore instead of re-issuing an updated Article 4 Direction under the new legislation, the Council is proposing designating this area of Netherlee as a Conservation Area (and revoking the outdated Article 4 Direction).  

Designation as a conservation area does not place a ban upon all new development within its boundaries. However, new development will normally only be granted planning permission if it can be demonstrated that it will not harm the character or appearance of the area.   For the Council as planning authority, we would then have a statutory duty to preserve and enhance the Netherlee conservation area.Given that the new permitted development rights for conservation areas are very similar to those in the Article 4 direction areas, there should be very little change for the residents of this area of Netherlee if it is changed to a conservation area.  

The three minor differences in permitted development between a new conservation area and the current Article 4 Direction are:

1. For providing a building (or its alteration or improvement) for purposes incidental to the enjoyment of your house e.g. a shed or detached garage – if the building has a footprint under 4 square meters  it may be permitted development in a conservation area depending on the use, the positioning within the curtilage of the dwelling and amount of garden it takes up (whereas an application would automatically be required under the Article 4 Direction);

2. For provision or improvement of a raised deck or platform - if the deck/platform has a footprint under 4 square meters  it may be permitted development in a conservation area depending on the use, the positioning within the curtilage of the dwelling, the height of the deck/ platform (whereas an application would automatically be required under the Article 4 Direction).

3. Conservation area consent is required for the demolition of unlisted buildings in conservation areas.

It is the view of the Planning Service that, as long as applicants meet the required permitted development criteria, these minor householder alterations would not alter the principle elevation of the dwelling and would not have a negative impact on character or appearance of the area. 

Most other alterations to the external appearance of the property would require planning permission.

Changes to Application Fees

The change to a conservation area will bring a change to planning application fees.  There would be a requirement for the normal fees to be paid for planning applications (as is the case in our other conservation areas), including for alterations to existing dwellings.

Follow on work

If after the public LDP consultation, the Council wishes to move to designate a conservation area at Netherlee, this would be prepared and advertised.A conservation area appraisal would be prepared for the area.  These appraisals are management tools which help identify the special interest and changing needs of an area; enable the planning authority to fulfil its statutory obligations to preserve and enhance the area; inform policy; and assist in setting out further guidance to assist development management.

Please direct any questions to either Julie Nicol (Principal Planner) or Karen Barrie (Senior Project Officer) in Development Plans, ext. 3876 or 3568

Netherlee Area contained in LDP Eastwood Area map :-


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