Agenda Document Pack - Planning Committee - 20/05/2025
South Lanarkshire Council · 20 May 2025
Back to Planning Committee — 20 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 12 May 2025 Dear Councillor Planning Committee The Members listed below are requested to attend a meeting of the above Committee to be held as follows:- Date: Tuesday, 20 May 2025 Time: 10:00 Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Richard Nelson (Chair), Gerry Convery (Depute Chair), Joe Fagan (ex officio), Alex Allison, Ralph Barker, Archie Buchanan, Ross Clark, Margaret Cowie, Maureen Devlin, Colin Dewar, Mary Donnelly, Alistair Fulton, Celine Handibode, Graeme Horne, Cal Johnston-Dempsey, Ross Lambie, Martin Lennon, Lesley McDonald, Davie McLachlan, Norman Rae, John Ross, Graham Scott, David Shearer, Helen Toner, David Watson Substitutes Walter Brogan, Robert Brown, Mathew Buchanan, Margaret Cooper, Poppy Corbett, Allan Falconer, Grant Ferguson, Gladys Ferguson-Miller, Richard Lockhart, Julia Marrs, Ian McAllan, Kenny McCreary, Bert Thomson PLEASE NOTE THAT THERE WILL BE A MEMBERS' AWARENESS SESSION ON UNDERSTANDING THE PLANNING DECISION MAKING PROCESS AT 12.00PM, OR IMMEDIATELY FOLLOWING THIS MEETING, WHICHEVER IS THE LATER 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Planning Committee held on 1 April 2025 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Planning Appeal Decisions - October 2024 to March 2025 Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 16 4 Placemaking in South Lanarkshire Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 17 - 28 5 Application P/24/0533 for Change of Use of Open Space to Accommodate Expansion of Petrol Filling Station Including 2 Electric Vehicle Charging Bays, 2 Jet Wash Bays, Laundry Unit, Boundary Fencing and Extension to Retail Unit at Earnock Service Station, 105 Wellhall Road, Hamilton Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 29 - 36 6 Application P/24/1300 for Erection of 2 Houses, Formation of 2 New Vehicular Accesses and Associated Works at Land at Stoneside of Dripps Farm, Cartside Highway, Thorntonhall Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 37 - 46 7 Application P/24/1481 for Erection of 2 Single Storey Houses, Formation of Driveways and Associated Works at Land 56 Metres Northeast of Garngour Cottages, Garngour Road, Lesmahagow Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 47 - 54 8 Application P/24/1579 for Erection of Residential Development Comprising of 9 Flatted Dwellings with Access, Parking and Associated Works at Vacant Land, Corneys Close, Kirk Street, Strathaven Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 55 - 62 9 Application P/25/0061 for Development of 150 Megawatt Battery Energy Storage System with Associated Infrastructure, Inclusive of the Reinstatement of Access Points at Land at Downiebrae Road, Rutherglen Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 63 - 72 10 Application P/25/0067 for Erection of 5 Detached Single Storey Dwellings with Garages, Formation of Access Road and Associated Landscaping at Land 75 Metres North of Hardacres, Bellefield Road, Lanark Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 73 - 84 2
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11 Application P/25/0216 for Change of Use of Office (Class 4) to House (Class 9) (Incorporating Internal Alterations), Erection of Single Storey Rear Extension and External Access Alterations at 172 Maxwellton Avenue, East Kilbride Report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 85 - 92 Urgent Business 12 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 1 April 2025 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Archie Buchanan, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Gladys Ferguson-Miller (substitute for Councillor Ross Clark), Councillor Alistair Fulton, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Cal Johnston-Dempsey, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Ross Clark, Councillor Joe Fagan (ex officio), Councillor Martin Lennon Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services; D Russell, Planning Area Manager (West Team) Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests No interests were declared. Councillor Allison made a transparency statement in relation to item 7 of the agenda – application P/24/1069 for formation of fishing ponds and associated facilities (Section 42 application to vary the terms of condition 21 of planning consent P/19/1807 to allow continued operations at the site for a further 10 year period) at Woodend Farm, Carnwath, Lanark as he was a partner in a business that neighboured the application site, however, the business had no connection to the application site. Councillor Allison added that he had no communication or any connection with anyone who was claiming ownership to the site entrance. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 4 March 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 South Lanarkshire Development Plan Scheme and Participation Statement 2025/2026 A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted:- providing an update on progress made in the preparation of the South Lanarkshire Local Development Plan 3 (SLLDP3) 2 5
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requesting approval of the South Lanarkshire Development Plan Scheme and Participation Statement 2025/2026, attached as Appendix 1 to the report The Development Plan Scheme (DPS), which was required to be published annually, set out the Council’s timetable for the preparation of its local development plan and included:- an explanation of what the local development plan was a timetable for the preparation of SLLDP3 a Participation Statement that described how the Council would carry out community engagement, including how and when relevant stakeholders, including residents, could get involved SLLDP3 would be the first local development plan to be prepared under the new planning system. Along with National Planning Framework 4 (NPF4), it would form the statutory development plan for South Lanarkshire. In line with the updated legislation and guidance, SLLDP3 would be place-based, people-centred and delivery-focused, and presented as a series of maps, site briefs and masterplans for individual sites and localities. It was expected that a collaborative approach would be used in the preparation of SLLDP3 to ensure that the Council’s relevant strategies and plans, including the Community Plan, as well of those of its partners and other stakeholders, were embedded in the Plan. The Council was required to engage with key agencies whilst preparing the Plan including NatureScot, SEPA, Scottish Water, Scottish Enterprise, NHS Lanarkshire and the Regional Transport Partnership. It was also required to engage with a range of groups including children and young people, disabled persons, Gypsies and Travellers, and Community Councils, as well as other targeted groups. The Participation Statement in the DPS had been developed to demonstrate the work to be undertaken in the next 12 months and details relating to the preparation of an Evidence Report and engagement that was being carried out, was included in the Committee report. Once approved by the Council, the Evidence Report would be submitted to Scottish Ministers to carry out a ‘Gate Check’, prior to the Council carrying out a ‘Call for Ideas’ and starting preparation of the SLLDP3. The Planning (Scotland) Act 2019 required the Council to prepare a Delivery Programme that set out the actions required to deliver the policies and proposals contained in the adopted South Lanarkshire Local Development Plan 2 and this would be reported to a future meeting of the Committee. There followed a discussion during which an officer responded to members’ questions on various aspects of the report. The Committee decided: (1) that the update on progress made in the preparation of the South Lanarkshire Local Development Plan 3 (SLLDP3) be noted; and (2) that the South Lanarkshire Development Plan Scheme and Participation Statement 2025/2026, attached as Appendix 1 to the report, be approved and published on the Council’s website. Councillor Toner joined the meeting during consideration of the above item of business 6
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4 Application P/23/0770 for Proposed Residential Development and Associated Infrastructure at Land 50 Metres South Southwest of 48 Toftcombs Crescent, Toftcombs Crescent, Stonehouse A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0770 by Advance Construction Scotland for a proposed residential development and associated infrastructure at land 50 metres south southwest of 48 Toftcombs Crescent, Toftcombs Crescent, Stonehouse. The Committee decided: that planning application P/23/0770 by Advance Construction Scotland for a proposed residential development and associated infrastructure at land 50 metres south southwest of 48 Toftcombs Crescent, Toftcombs Crescent, Stonehouse be refused for the reasons detailed in the Executive Director’s report. [Reference: Minutes of 1 November 2016 (Paragraphs 4 and 5)] 5 Application P/24/0533 for Change of Use of Open Space to Accommodate Expansion of Petrol Filling Station, Including 2 Electric Vehicle Charging Bays, 2 Jet Wash Bays, Laundry Unit, Boundary Fencing and Extension to Retail Unit at Earnock Service Station, 105 Wellhall Road, Hamilton A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0533 by Grove Retail Limited for the change of use of open space to accommodate the expansion of a petrol filling station, including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit, boundary fencing and an extension to the retail unit at Earnock Service Station, 105 Wellhall Road, Hamilton. Following discussion, during which officers responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Donnelly, seconded by Councillor Shearer, moved that the application be deferred to allow a site visit to be arranged to allow members who were not acquainted with the site an opportunity to view it. On a vote being taken using the electronic voting system, 11 members voted for the motion and 12 for the amendment, which was declared carried. The Committee decided: that planning application P/24/0533 by Grove Retail Limited for the change of use of open space to accommodate the expansion of a petrol station, including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit, boundary fencing and an extension to the retail unit at Earnock Service Station, 105 Wellhall Road, Hamilton be deferred to a future meeting of the Planning Committee. 6 Application P/24/0990 for Erection of Free-Range Poultry Unit and Feed Silos with New Access, Parking and Associated Works at Land 360 Metres West Southwest of Station Cottage, Darvel Road, Drumclog, Strathaven A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0990 by A Blackwood for the erection of a free- range poultry unit and feed silos with new access, parking and associated works at land 360 metres west southwest of Station Cottage, Darvel Road, Drumclog, Strathaven. 7
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The Committee decided: that planning application P/24/0990 by A Blackwood for the erection of a free-range poultry unit and feed silos with new access, parking and associated works at land 360 metres west southwest of Station Cottage, Darvel Road, Drumclog, Strathaven be granted subject to the conditions specified in the Executive Director’s report. 7 Application P/24/1069 for Formation of Fishing Ponds and Associated Facilities (Section 42 Application to Vary the Terms of Condition 21 of Planning Consent P/19/1807 to Allow Continued Operations at the Site for a Further 10 Year Period) at Woodend Farm, Carnwath, Lanark A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1069 by Onyx Leisure Limited for the formation of fishing ponds and associated facilities (Section 42 application to vary the terms of condition 21 of planning consent P/19/1807 to allow continued operations at the site for a further 10 year period) at Woodend Farm, Carnwath, Lanark. At its meeting on 4 March 2025, the Committee continued consideration of the application to a future meeting to allow further information to be provided in relation to access to the application site and the storage of materials to the southeast of the existing access track. At its meeting on 22 September 2020, the Committee approved planning application P/19/1807 to vary condition 25 of planning consent CL/12/0511 for the formation of fishing ponds and associated facilities at Woodend Farm, B7016 from Forth, A706 to Carnwath A70, Carnwath, Lanark. Condition 21 attached to planning consent P/19/1807 stated that “All extraction operations on the site shall be discontinued not later than 1 February 2025 and, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration plan to the satisfaction of the Council as Planning Authority.” The applicant had now requested that condition 21 be varied to state that “All extraction operations on the site shall be discontinued not later than 10 years from the date of this Planning Permission and, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration plan.” The varied condition was listed as condition 9 due to re-ordering as some of the conditions attached to planning consent P/19/1807 had been discharged. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/1069 by Onyx Leisure Limited for the formation of fishing ponds and associated facilities (Section 42 application to vary the terms of condition 21 of planning consent P/19/1807 to allow continued operations at the site for a further 10 year period) at Woodend Farm, Carnwath, Lanark be granted subject to:- the conditions specified in the Executive Director’s report 8
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an additional condition as follows:- “Within 6 months of the date of this decision, a report shall be submitted for the written approval of the Planning Authority which provides an update on the discharge of each condition and/or a response to each condition attached to this Decision Notice. Reason: To ensure that the Planning Authority retains effective control of the development.” [Reference: Minutes of 4 March 2025 (Paragraph 5)] 8 Application P/24/1085 for Extension to Existing Quarry to Extract Sand and Gravel Using Existing Access, with Associated Progressive Restoration at Ryeflatt Quarry, Carnwath, Lanark A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1085 by Tillicoultry Quarries Limited for an extension to the existing quarry to extract sand and gravel using existing access, with associated progressive restoration at Ryeflatt Quarry, Carnwath, Lanark. At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning applications which required completion of a Legal Agreement. If approved, the application would be subject to a Legal Agreement and/or other appropriate mechanism and the approved procedure would apply. The Committee decided: that planning application P/24/1085 by Tillicoultry Quarries Limited for an extension to the existing quarry to extract sand and gravel using existing access, with associated progressive restoration at Ryeflatt Quarry, Carnwath, Lanark be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of Section 75 and 96 Agreements between the Council, site owner(s) and the applicant [Reference: Minutes of 7 July 2015 (Paragraph 15) and 12 March 2024 (Paragraph 6)] 9 Application P/24/1360 for Erection of 1.5 Storey House with Attached Garage at Land 20 Metres West Northwest of 51 Colinhill Road, Colinhill Road, Strathaven A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1360 by R Brown for the erection of a 1.5 storey house with attached garage at land 20 metres west northwest of 51 Colinhill Road, Colinhill Road, Strathaven. The Committee decided: that planning application P/24/1360 by R Brown for the erection of a 1.5 storey house with attached garage at land 20 metres west northwest of 51 Colinhill Road, Colinhill Road, Strathaven be granted subject to the conditions specified in the Executive Director’s report. 9
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[Reference: Minutes of 5 October 2010 (Paragraph 5)] 10 Application P/24/1382 for Erection of 2 Houses with Associated Car Parking and Landscaping at Flattmoss Farm, A726 from East Kilbride to Chapelton, East Kilbride A report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1382 by S Gray for the erection of 2 houses with associated car parking and landscaping at Flattmoss Farm, A726 from East Kilbride to Chapelton, East Kilbride. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: that planning application P/24/1382 by S Gray for the erection of 2 houses with associated car parking and landscaping at Flattmoss Farm, A726 from East Kilbride to Chapelton, East Kilbride be refused for the reasons detailed in the Executive Director’s report. Reference: Minutes of the Planning Local Review Body of 12 February 2024 (Paragraphs 4 and 5)] 11 Urgent Business There were no items of urgent business. 10
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Subject: Planning Appeal Decisions – October 2024 to March 2025 Purpose of Report The purpose of the report is to:- [purpose] inform the Committee of decisions that have been issued by the Scottish Government’s Department of Planning and Environmental Appeals Division during the period 1 October 2024 to 31 March 2025 in relation to applications refused by South Lanarkshire Council [1purpose] Recommendation(s) The Committee is asked to approve the following recommendation(s):- [recs] that the Committee note the decisions that have been issued by the Scottish Government’s Department of Planning and Environmental Appeals. [1recs] Background Members will be aware that applicants whose planning applications are refused by the Planning Committee have a right to appeal to the Scottish Ministers within three months of the date of the decision. In addition, while applications for advertisement consent and certificates of lawful development and use are normally dealt with under delegated powers, the appeal route is to Scottish Ministers. The Appeals are processed by the Department of Planning and Environmental Appeals (DPEA) and, in most cases, a Reporter is appointed by the Scottish Ministers to undertake the Appeal. 3.2. This report updates members on the outcome of the appeals determined between 1 October 2024 to 31 March 2025. A link to each of the cases on the Scottish Government DPEA website can be found in the report. Overall, 9 decisions were made by Scottish Ministers during this period with the Council’s decision upheld in all but two cases. Planning Appeals Since October 2024, decisions have been issued on 9 appeals against the refusal of applications by South Lanarkshire Council. The following summarises each of the cases:-. 3 11
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4.2. Installation of a 22.8 Mw Battery Energy Storage System (Bess) with Associated Infrastructure at Crutherland Farm, Crutherland Highway, East Kilbride, G75 0QJ (application reference P/24/0307) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 5 November 2024 on the grounds that the proposed development has not been appropriately justified in policy terms with regards to its Green Belt location, and it would have an adverse impact upon amenity and the character of the area. The Reporter agreed with the decision of the Council and dismissed the appeal. 4.3. Change of Use of Agricultural Farm Land to Form an Agricultural Vehicle, Plant and Machinery Sale Yard Including the Erection of Two Agricultural Sheds and Associated Works (Retrospective) at Stoneside Of Dripps Farm, Cartside Highway, Thorntonhall, G74 5AP (application reference P/24/1049) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 3 December 2024 on the grounds that the proposal would be contrary to Policies 1, 2, 8, 26 and 29 of National Planning Framework 4 (2023) and Policies 2, 4, 5, 8, GBRA1, GBRA2 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). The Reporter agreed with the decision of the Council and dismissed the appeal. 4.4. Demolition of Existing Outbuilding and Erection of 2 No. Detached Dwellings, Access Road and Associated Works at Raws Farm, High Kype Road, Strathaven, ML10 6PR (application reference P/24/0192) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 27 August 2024 on the grounds that the proposed development was contrary to Policies 16 and 17 of NPF4. and policies 4 and GBRA5 of the adopted South Lanarkshire Local Development Plan 2. The Reported allowed the appeal and granted planning permission. 4.5. Erection of 5 No. Detached Dwellinghouse, Formation of Vehicular Access, Parking and Associated Works at Land 75M West of The Manse, Manse Road, Stonehouse, Larkhall, ML9 3NX (application reference P/24/0010) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 30 April 2024 on the grounds that the proposal is contrary to Policies 1, 2, 8, 14, 16 and 17 of NPF4 and Policies 2, 4, 5, 14, 15, DM1, GBRA1, GBRA5, GBRA8, GBRA9, NHE16 and NHE18 of the adopted South Lanarkshire Local Development Plan 2. The Reporter agreed with the decision of the Council and dismissed the appeal. 12
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4.6. Erection of Distillery with Ancillary Café/Visitors Centre/Associated Car Park/Realignment/Widening of A72/Formation of Access at Land 470M North of Browns Garden Centre, Lanark Road, Larkhall, ML9 2UD (application reference P/24/0434) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application appeal was submitted to Scottish Ministers on the grounds of non- determination by the Council. In their decision letter dated 13 November 2024 Scottish Ministers dismissed the appeal and refused planning permission on the grounds that the proposed development does not accord overall with the relevant provisions of the development plan and, in particular, in relation to development in the green belt. 4.7. Use of Residential Flat (Sui Generis) as Short-Term Let - Certificate of Existing Lawful Use at 4 Avonbridge Drive, Hamilton (application reference P/24/0527) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application sought a lawful development certificate for the use of a residential flat as a short term let. It was refused under delegated powers on the grounds that insufficient evidence had been provided to demonstrate the continuous use of the property as a short term let over a 10-year period. The Reporter agreed that insufficient evidence has been provided to show the use has been carried out uninterrupted for 10 years and decided the certificate should not be granted. 4.8. Change of Use of Flatted Dwelling (Sui Generis) to Short-Term Let (Sui Generis) (Certificate of Lawfulness – Existing at 31 Eaglesham Court, East Kilbride (application reference P/24/1074) Scottish Government - DPEA - Case Details (scotland.gov.uk) This application sought a lawful development certificate for the use of a residential flat as a short term let. It was refused under delegated powers on the grounds that insufficient evidence had been provided to demonstrate the continuous use of the property as a short term let over a 10-year period. The Reporter agreed that insufficient evidence has been provided to show the use has been carried out uninterrupted for 10 years and decided the certificate should not be granted. 4.9. Use of Building as Café (Class 3) (Certificate of Existing Lawful Use) at 270 Stonelaw Road, Rutherglen Application reference P/24.0805 Scottish Government - DPEA - Case Details (scotland.gov.uk) This application sought a lawful development certificate for the use of the property as a café. It was refused under delegated powers on the grounds that insufficient evidence had been provided to demonstrate the continuous use of the property as a cafe over a 10-year period. The Reporter agreed that insufficient evidence has been provided to show the use has been carried out uninterrupted for 10 years and decided the certificate should not be granted. 13
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4.10. Installation of 48 Sheet Digital LED Illuminated Advertisement Display at John Hillhouse Industrial Estate, Cambuslang Road, Cambuslang (advertisement consent) (application reference P/24/0645) Scottish Government - DPEA - Case Details (scotland.gov.uk) An advertisement consent was granted under delegated powers for the advertisement display subject to a condition relating to illumination levels. An appeal was made seeking the deletion of the condition. The Reporter did not agree to the deletion of the condition but decided to modify it. 5. Next Steps 5.1. At the time of the preparation of this report six further planning appeals have been made against decisions made by the Council and a decision by Scottish Ministers is awaited. A further report will be presented to the Planning Committee later in the year to provide an update on any appeal decisions made up to 30 September 2025. 6. Employee Implications 6.1. There are no employee implications. 7. Financial Implications 7.1. The resource commitment and financial costs for the Planning Authority in relation to the Planning Appeals process must be borne from existing budgets and resources and no external funding is provided for this activity. 8. Climate Change, Sustainability and Environmental Implications 8.1. The planning system will have an increasingly key role in addressing the climate change agenda. Investing additional income in resources within the planning service will contribute to meeting these aims. 9. Other Implications 9.1. There would be a reputational risk if this was not undertaken as this action has previously been specified in the Council’s Planning Performance Framework. 10. Integrated Impact Assessment and Consultation Requirements 10.1. This report does not introduce a new policy, function, or strategy, or recommend a change to an existing policy, function, or strategy. As such, no impact assessment or consultation was required. David Booth Executive Director (Community and Enterprise Resources) 12 May 2025 Link(s) to Council Values/Priorities/Outcomes Values Accountable, effective, efficient and transparent Ambitious, self-aware and improving 14
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Previous References Planning Committee report on application P/24/0307 – 5 November 2024. Associated planning appeal decision - Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Committee report on application P/24/1049 – 3 December 2024. Associated planning appeal decision - Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Committee report on application P/24/0192 – 27 August 2024. Associated planning appeal decision - Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Committee report on application P/24/0010 – 30 April 2024. Associated planning appeal decision - Scottish Government - DPEA - Case Details (scotland.gov.uk) List of Background Papers Scottish Ministers decision letter on application P/24/0434 – 13 November 2024 - Scottish Government - DPEA - Case Details (scotland.gov.uk) Scottish Ministers decision letter on application P/24/0527 – 25 March 2025 - Scottish Government - DPEA - Case Details (scotland.gov.uk) Scottish Ministers decision letter on application P/24/1074 – 13 February 2025 – Scottish Government – DPEA – Case Details (scotland.gov.uk) Scottish Ministers decision letter on application P/24/0805 – 10 February 2025 – Scottish Government – DPEA – Case Details (scotland.gov.uk) Scottish Ministers decision letter on application P/24/0645 – 16 December 2024 – Scottish Government – DPEA – Case Details (scotland.gov.uk) Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tony Finn, Planning and Building Standards Manager Email: tony.finn@southlanarkshire.gov.uk 15
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Subject Placemaking in South Lanarkshire 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose inform Planning Committee of the work undertaken to prepare the Placemaking in South Lanarkshire Guide as set out in Appendix 1 of the report [ 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the content of the Placemaking in South Lanarkshire Guide, as set out in Appendix 1 of the report, be noted. [1re 3. Background 3.1. Placemaking involves the process of creating good quality places that promotes health, happiness and wellbeing. It concerns the environment in which we live; the people that inhabit these spaces; and the quality of life that comes from the interaction of people and their surroundings. 3.2. Placemaking is a collaborative approach involving the design and development of places over time, with people and communities central to the process. 3.3. National Planning Framework 4 Policy 14 – Design, Quality and Place in NPF4 expects new development to be consistent with the six qualities of successful places. These are:- Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health Pleasant: Supporting attractive natural and built spaces Connected: Supporting well connected networks that make moving around easy and reduce car dependency Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity 4 17
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Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as being maintained over time 3.4. The formal local development plan position is set out in Policy 5 – Development Management and Placemaking of the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). This expects new development to accord with the principles of sustainable development and for proposals to be well designed and integrated with the local area. 4. Placemaking in South Lanarkshire 4.1. Work has started on the preparation of the Council’s next local development plan (SLLDP3) which will have a place-based focus and provide expectations for the design and quality of new development, taking into account local context and celebrating the individual identity of our settlements and communities. 4.2. As a result, a fresh approach to placemaking is required and as a starting point the Placemaking in South Lanarkshire Guide has been developed. It sets out ideas and suggestions on how we can create places that inspire, sustain and welcome everyone who lives in South Lanarkshire. It has a positive ambition of ensuring residents have a place to live that meets their daily needs within strong communities that are inclusive and vibrant. 4.3. Developing the Guide has involved engagement with a range of internal and external stakeholders such as Seniors Together, Dementia Scotland and Safe Places for Girls. This collaboration has led to a better understanding of the needs of our diverse communities and the beginning of designing more innovative solutions in the next stage of this work. 5. Next Steps 5.1. This Guide will not have a formal status but rather will be a reference point to inform proposals that have an impact on place and the built environment. It will be published on the Council website and awareness raising with developers and other interested parties will be carried out. 6. Employee Implications 6.1. The preparation of this document has been carried out using existing staff resources within Planning and Regulatory Services. 7. Financial Implications 7.1. The financial resources required to deliver the guide is based upon current budget levels available to Planning and Building Regulatory Services. 8. Climate Change, Sustainability and Environmental Implications 8.1. A Strategic Environmental Assessment (SEA) Screening Report for the document was prepared and submitted to the statutory Consultation Authorities who advised that further SEA work is not required as it is unlikely to have significant environmental effects. 18
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9. Other Implications 9.1. The document reflects national planning policy on placemaking. 10. Integrated Impact Assessment and Consultation Arrangements 10.1. The following assessments are not required to be carried out: Equalities Impact Assessment, Child Rights and Wellbeing and a Fairer Scotland Duty Assessment. 10.2. There was no requirement to undertake formal consultation. David Booth Executive Director (Community and Enterprise Resources) 12 May 2025 Link(s) to Council Values/Priorities/Outcomes Good quality, suitable and sustainable places to live The efficient and effective use of resources and managing and improving performance Developing a sustainable Council Improving the quality of physical environment Previous References None List of Background Papers None Contact for Further InformationIf you would like to inspect the background papers or want further information, please contact:- Pamela McMorran E-mail: pamela.mcmorran@southlanarkshire.gov.uk 19
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Planning and Regulatory Services May 2025 Placemaking in South Lanarkshire SLC print proof 4 21
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2 Placemaking in South Lanarkshire Aspirational Vision for Placemaking and House Building in South Lanarkshire “Building Homes, Shaping Communities: A Future for All” Introduction: A Place to Call Home South Lanarkshire is a land of rolling hills, historic towns, and strong communities – a place where the past meets the future with pride and possibility. Our vision is to transform this unique area of Scotland into a leader of thoughtful placemaking and innovative house building. We dream of communities where every home is more than just a building – it’s a foundation for connection, opportunity, and belonging. This document sets out an ambitious yet achievable path to create places that inspire, sustain, and welcome all who live here. Our Vision We see South Lanarkshire as a tapestry of thriving neighbourhoods, each with its own character, woven together by shared values of sustainability, inclusivity, and beauty. From the bustling streets of Hamilton to the quiet charm of Biggar, from the growing hubs of East Kilbride to the rural expanses of Clydesdale, we will build homes and communities that reflect the needs and dreams of our people. Our goal is simple but bold: to ensure every resident has a place to live that meets their needs, within a community that is inclusive and vibrant, and where health and wellbeing can flourish. What is Placemaking? Placemaking is a collaborative and community-centred approach to designing places that enhance people’s lived experience with a strong focus on place and wellbeing. At its core, placemaking seeks to create spaces that are not just functional but also vibrant, inclusive, and reflective of the unique character and needs of the local community. This holistic approach ensures a balance between environmental, social, and economic aspirations, creating places where people thrive in both the present and the future. SLC print proof 22
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3 Core Principles People at the Heart Placemaking starts with people. We will listen to residents and communities. This helps us to direct developers to create homes and spaces that meet the real needs of the people within South Lanarkshire. Homes built with care and purpose can integrate with the existing natural and built environment. Where the needs of people and businesses are considered, new opportunities for community or commercial units, or designed open spaces may be realised. The opportunities for more that just house building is present now and going moving forward. The council agreed at the February 2023 Executive Committee to commit to becoming an Age Friendly Council. In August 2023 South Lanarkshire Council proudly became the third Scottish local authority to adopt Feminist-led Town Planning. This welcomed approach will make places and spaces better not only for women and girls, but for all communities as a result. Sustainable Living South Lanarkshire Council encourages developers to aim for higher standards of building design and construction that will improve building energy efficiency and climate resilience. Integrating climate change considerations and nature-positive practices into development design ensures the long-term health of the area, ensuring our communities thrive for generations to come, in line with the “Planet” theme of our Council Plan. SLC print proof 23
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4 Placemaking in South Lanarkshire Connected Communities Placemaking can integrate multifunctionality into every space, combining recreation, business opportunities, and cultural expression to create lively, sustainable environments that support local living and wealth building. A focus on walkable, bike-friendly places with parks, shops, schools and other services within a short distance of people’s homes can encourage local wealth building, sustainability and enjoyment of the places people feel connected to. SLC print proof 24
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5 Celebrating Identity Our towns and villages each have a story to tell. New developments can recognise local heritage while adding a fresh, modern twist. We aim to see Placemaking that builds on what makes South Lanarkshire special: it taps into the unique history, culture, and geography of each area, fostering a sense of belonging and pride among its residents. Flourishing design We’ll champion a rich mix of architectural styles. Creative and thoughtful designs will enable developments to be distinctive and visually interesting for all to enjoy. People-focused design aims to create places that prioritise people over vehicles, ensuring spaces are accessible, walkable, and pleasant. Homes for everyone South Lanarkshire Council encourages a mix of affordable homes: council houses, mid-market rent, shared ownership, custom builds, and private developments. We hope to see a mix of house sizes and styles that reflect the varying needs of people throughout their life, in places they feel connected to and supported by. The community-driven approach considers how future developments can meet the needs of diverse groups, offering homes that align with the aspirations of residents from all walks of life, and reflects the Council’s own ambitious affordable house building programme. More than just house building, future developments can foster accessible and inclusive outdoor environments that welcome people with disabilities and additional support needs. Our research has shown how considerate design of spaces can encourage and support everyone to move around with confidence, and to navigate their environment with ease. SLC print proof 25
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6 Placemaking in South Lanarkshire Health and Wellbeing Homes and communities can nurture healthy bodies and mental wellbeing. We encourage the design of bright, naturally lit homes with access to nature, quiet streets that promote calm, and spaces that encourage movement, play, and social bonds. Health and wellbeing can be woven into development design, making South Lanarkshire a place where people don’t just live – they thrive. Streets that favour pedestrians and cyclists, with safe paths to schools, shops and other amenities can positively encourage active lifestyles. The inclusion of seating opportunities at regular intervals can help those who need support to move around or to walk to their local bus stop. SLC print proof 26
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7 The Plan: Bringing the Vision to Life The Council Plan, Connect 2022-27, has outlined People, Planet, and Progress as the three main themes that all our efforts in the council are to contribute towards. At the same time, placemaking is very much at the heart of the Scottish Government’s spatial planning policy, and this will be reflected in the next Local Development Plan 3, which we have started preparing. A Call to Action This vision belongs to everyone in South Lanarkshire. Through working together, we can create a future where every street, every home, and every community are emboldened with opportunities. This vision statement is the first step to establishing our progression into successful placemaking. To drive forward the positive changes that we encourage, there is more work to be done. We aim to produce further detailed guidance including best practice ideas that will support development proposals to meet our aspirations for South Lanarkshire. The guidance will align with the aims, objectives and policies of National Planning Guidance 4 (NPF4), the Council Plan, and the Council’s commitment to being an Age Friendly and feminist led town planning authority. This will be produced in tandem with the preparation of the Council’s evidence report required as part of the LDP3 process. SLC print proof 27
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If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone: 0303 123 1015 Email: equalities@southlanarkshire.gov.uk Produced by Communications and Strategy. 067838/Apr25 SLC print proof 28
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0533 Proposal: Change of use of open space to accommodate expansion of petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit, boundary fencing and extension to retail unit Site Address: Earnock Service Station, 105 Wellhall Road, Hamilton, ML3 9UE Applicant: Grove Retail Ltd Agent: Gray Planning and Development Ltd Ward: 18 - Hamilton West and Earnock Application Type: Full planning permission Advert Date: Hamilton Advertiser: 16 May 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 5 29
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1. Reason for Report 1.1. This application is being presented to the Planning Committee for determination as the proposal has received more than 5 objections. 1.2. Members are reminded that a decision on this application was deferred at the meeting of the Committee on 1 April 2025 and that, as such, only the members who were present at that meeting should participate in the decision taken on this agenda item. 2. Site Description 2.1. The application site extends to approximately 0.16ha and is situated in an established residential area of Hamilton. 2.2. The site relates to an existing petrol filling station which operates 24 hours a day. The site is enclosed to the north by Wellhall Road, which is a key route through Hamilton and to the east by a roundabout. In addition, the site is bound to the south and west by residential properties. 3. Description of Proposed Development 3.1. The proposal relates to an expansion of the existing petrol filling station. An existing area of vacant ground within the application site is proposed to accommodate two electric vehicle charging bays, two jet wash bays and an air and water bay. In addition, the proposal will include a 29sq metre extension to the existing retail facility, a laundry unit, 4 metre high lighting columns and the erection of 1 metre high boundary fence. 3.2. The vehicular and pedestrian entrance to the site is from Wellhall Road. 4. Relevant Planning History 4.1. The planning history for the site is as follows:- P/21/1701 (withdrawn) - Installation of two self-service car wash bays with 2.7 metre high glazed screens, two parking spaces, and associated alterations P/23/1576 (withdrawn) - Change of use of open space to accommodate expansion of petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit with boundary fencing and extension to retail unit to accommodate a hot food take-away with associated flue 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Planning Statement Noise Impact Assessment (NIA) Letter (dated 31 August 2024) from New Acoustics which provides a response to noise related objections 6. Consultations 6.1. Environmental Services - No objection to the proposals, subject to conditions and advisory notes relating to noise, hours of operation and nuisance. Response: Noted. 6.2. Roads Development Management Team – No objection. Response: Noted. 6.3. Scottish Water - No objection to the proposed development. Response: Noted. 30
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 17 objections have been received. The issues raised are summarised as follows:- Amenity Issues The proposal will have a significant adverse impact on residential amenity. The development will result in light pollution. The repositioning of the bins will result in odours. There is a problem with litter at the site and the extension will make this issue worse. Noise Issues Significant concern regarding the noise generated from the proposal and, in particular, from the car wash and car vac. Despite the findings of the NIA, the proposal is anticipated to generate noise and disturbance. The NIA is flawed and the noise readings are different from the ones which have been taken by an objector. Flooding and Drainage Jura Gardens currently has issues with flooding and the proposal will exacerbate this issue. A neighbouring property has previously been flooded a number of times and this development will make matters worse. Other developments, in close proximity to the site, have been refused in the area due to concerns regarding flooding. There is no drainage proposed at the site and the increase in the volume of water from the proposed jet washers will overload the strained drainage network. Concern that unchecked chemicals from this site will enter the drainage system. Roads Related Matters The proposal will lead to queues and traffic build up on Wellhall Road. The site is situated between two roundabouts. The congestion caused by the proposal will increase noise and air pollution. The proposed car parking at the site is inadequate and this will result in users parking in the surrounding streets. This is already an area where it is hazardous for the public to walk. Concern about water run-off on to nearby roads. Other Matters Raised This proposal is the same as application P/23/1576 which was withdrawn. The contents of the planning statement are disputed. Confirmation is sought in relation to the position of the postal lockers on the site. Clarification is sought in relation to the boundary between the petrol filling station and Jura Gardens and the use of land which is outwith the control of the applicant. The development is contrary to the Development Plan. Clarification is sought in relation to the existing trees. The proposal has a disregard for local residents and the community. These additional facilities are just not required. Concern that the existing anti-social behaviour issues will be exacerbated. 7.2. The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 31
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8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and sets out spatial principles, regional priorities, national developments and national planning policy. The relevant policies are:- National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 15 - Local Living and 20 Minute Neighbourhoods 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 3 - General Urban Areas Policy 5 - Development Management and Placemaking 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development Detailed planning permission is sought for the change of use of open space to accommodate the expansion of the petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, a laundry unit, boundary fencing and an extension to the existing retail unit at Earnock Service Station, 105 Wellhall Road, Hamilton. The determining issues in the consideration of this application are its compliance with national policy, local development plan policy and its impact on residential amenity, environmental matters and infrastructure issues. 10.2. The site is situated within an established residential area and relates to an existing petrol filling station. Policy 15 of NPF4 establishes that development proposals should contribute to local living and 20 minute neighbourhoods. The proposed development site is located within the Hamilton settlement boundary and is considered to be well connected and situated within a sustainable location which will support local compact living and a 20 minute neighbourhood. In addition, the site is considered to be adaptable as the proposal seeks to expand an established use whilst utilising an area of vacant ground. Therefore, it is considered that the principle of the development raises no issues within the context of Policy 15 of NPF4. 10.3. The site is affected by Policy 3 of the adopted Local Development Plan which establishes that residential developments, and those of an ancillary nature, may be considered acceptable provided that they do not have a significant adverse impact on the amenity and character of the area. The lawful use of the site as a petrol filling station has been established and such operations are commonplace within residential 32
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areas, especially adjacent to main road networks such as the application site. Therefore, it is considered that the principle of the intensification and expansion of this existing use raises no issues within the context of Policy 3 of the adopted Local Development Plan. 10.4. Policies 1 and 2 of the adopted Local Development Plan and National Planning Framework 4 encourage sustainable economic growth and regeneration, a move towards a low carbon economy, the protection of the natural and historic environment and mitigation against the impacts of climate change. The proposal relates to the expansion of an existing facility, the use of vacant ground and includes the provision of electric vehicle charging units at the site. Subsequently, it is not considered that the proposal raises any adverse issues within the context of Policies 1 and 2 of the adopted Local Development Plan or NPF4. 10.5. Layout, Siting and Design In terms of the detailed design of the development, Policy 5 of the adopted Local Development Plan generally requires new development to have due regard to the layout, form, design and local context of the area, and to promote quality and sustainability in its design. Following review, it is considered that the proposed scale, design and finish of the extension to the retail unit reflect the existing building. In addition, the proposed layout, form and scale of the expansion of the petrol filling station to accommodate new charging bays, jet wash bays, a laundry unit, lighting columns and fencing are not out of keeping with the existing site. 10.6. In relation to the impact on the amenity of nearby residential properties, it is considered that these dwellings are situated near an existing petrol filling station which operates 24 hours a day and in close proximity to a main route through Hamilton. Accordingly, the current level of amenity enjoyed by these properties cannot be considered to be the same as dwellings within an exclusive residential estate. It is noted that there is considerable road traffic noise which can be heard from the site and in the surrounding area. 10.7 Notwithstanding the above, a Noise Impact Assessment and an addendum to this document have been submitted and reviewed. Environmental Services have not raised any significant concerns regarding the proposal in relation to noise, floodlighting or other amenity issues, subject to a restriction on the operating hours of the use of the jet wash facility. Subsequently, following assessment it is considered that the design, location and scale of the proposed development is acceptable and the proposal raises no issues within the context of Policy 5 of the adopted Local Development Plan. 10.8. With regards to the other matters raised in the representations, following a detailed assessment Roads, Transportation and Fleet Services consider that the proposal is acceptable in terms of access, parking and road safety issues. In relation to the potential flooding issues, details of the proposed drainage system have been submitted in relation to the development. The issue of land ownership and boundary disputes are a legal matter, postal lockers are not considered to be development, the existing trees on site are not protected and can be removed by the applicant and matters relating to anti-social behaviour are outwith the remit of the Planning Service. 10.9. Conclusion In conclusion, the proposal relates to the extension and expansion of a long established petrol filling station. The design, layout and general impact of the development is considered to be acceptable and the proposal raises no significant amenity or infrastructure issues. Overall, it is considered that the proposal complies 33
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with the provisions of the relevant policies within the National Planning Framework 4 and the South Lanarkshire Local Development Plan. It is therefore recommended that the application be granted subject to the conditions listed. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That between the hours of 0800 and 2000 the measured noise rating level emitted from the premises (LAeq (1hour)) shall not exceed the pre-existing background noise level (LA90 (1/2hour)) by more than 4dB when measured in accordance with British Standard BS 4142:2014 - Method for Rating and Assessing Industrial and Commercial Sound at buildings where people are likely to be affected. Reason: In the interests of amenity. 03. The use of the jet wash (with the exception of maintenance works not audible outside the premises) shall be restricted to the following hours of operation:- Between 0800 and 2000 hours. Reason: In the interests of amenity. 04. That the development hereby approved shall not be operational until the drainage system identified in drawing PL_010 has been installed to the satisfaction of the Council as Planning Authority. Reason: To ensure a satisfactory drainage system is installed at the site. 05. For the avoidance of doubt, the approved extension to the existing forecourt retail unit shall operate within the provisions of Class 1A (Shops, Financial, Professional and Other Services) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended. Reason: To ensure that the unit does not operate as a hot food take-away. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2 and 15 of the National Planning Framework 4 and raises no issues within the context of Policies 1, 2, 3 and 5 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. 34
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David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- P/24/0533 | Change of use of open space to accommodate expansion of petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit, boundary fencing and extension to retail unit. | Earnock Service Station 105 Wellhall Road Hamilton ML3 9UE Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 35
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1300 Proposal: Erection of two dwellinghouses, the formation of two new vehicular accesses and associated works Site Address: Land at Stoneside of Dripps Farm Cartside Highway Thorntonhall G74 5AP Applicant: Carnbroe Estates Limited Agent: Planning Services UK Ward: 09 East Kilbride West Application Type: Full Planning Permission Advert Date: East Kilbride News - 04 December 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 6 37
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site is non-contiguous and is split into two areas of land on opposite sides of the access road to Stoneside of Dripps Farm, at its junction with Cartside Highway, approximately 1.6km southwest of Thorntonhall. 2.2. There are two existing houses on the east side of the access road, close to the road junction. The space between the existing houses and the public road would form part of the application site, the proposed plot 1, with the other part of the site mirroring this position on the opposite side of the access road (the proposed plot 2). Both sections of the site are flat and form part of agricultural fields, with gated accesses to those fields at the road junction. 2.3. With the exception of those two existing houses, the surrounding land uses are predominantly agricultural, with Stoneside of Dripps Farm itself to the south. It is also noted that there is currently a commercial/agricultural vehicle sales and maintenance business located south of the site, next to Stoneside of Dripps Farm. This is also mentioned in the Supporting Statement. This has been refused planning permission and an appeal to the Scottish Government's Planning and Environmental Appeals Division has recently been dismissed (P/24/1049). As such, this use is unauthorised. 3. Description of Proposed Development 3.1. The proposal involves the erection of two single storey dwellinghouses. Both plots would take access from the existing farm access road, set back from the junction, with the field accesses being removed. 3.2. The proposed house on plot 1 would be set back behind the building line established by the two existing properties in order to provide three parking spaces to the front. The proposed house on this plot would comprise of 4 bedrooms, a living room, utility room and a kitchen/dining room. The house would be finished with a gable pitched roof, with a slight forward projection breaking up the front elevation. 3.3. The proposed house on plot 2 would also be served by three parking spaces, however, these would be to the side of the house. The proposed house on this plot would also comprise of 4 bedrooms, a living room, storage room and a kitchen/dining room. It would have an effective T shaped footprint, with both front and rear projections and it would be finished with a steep pitched bespoke roof. 4. Relevant Planning History 4.1. There have been a number of recent planning applications submitted for Stoneside of Dripps Farm itself, including the planning refusals for the retrospective change of use of agricultural land to form an agricultural vehicle, plant and machinery sales yard, and the erection of two sheds (P/21/2155 and P/24/1049), and an approval for the erection of 7 new agricultural sheds in March 2024 (P/23/0789). Consent was also approved in January 2023 for the part-change of use and conversion of one of the existing agricultural buildings at the farm to form a new dwellinghouse (P/21/2133). However, the application site itself has no recent relevant planning history. 38
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5. Supporting Information 5.1. Planning Statement - Received 23 October 2024, this supporting statement sets out the applicant’s justification for the proposed development and an assessment against policy, including an assessment against supplementary guidance accompanying the former South Lanarkshire Local Development Plan (2015). The statement notes that the dwellings are intended to provide additional housing availability for agricultural workers, without citing any specific agricultural businesses requiring additional essential worker accommodation or providing evidence of a lack of local availability. 6. Consultations 6.1. Roads Development Management – have raised no objections to the proposal, subject to conditions on parking spaces, EV charging, and visibility splays being imposed, and the removal of the existing gated field accesses. Response: Noted. These matters could be addressed on the decision notice if the application was to be approved. 6.2. Environmental Services – have raised no objections to the proposal subject to conditions regarding residential waste, dust management, and construction noise, and the inclusion of relevant advisory notes. Response: Noted. These matters could be addressed on the decision notice if the application was to be approved. 6.3. Scottish Water –have advised that there is water supply capacity in the area, but no wastewater infrastructure. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid representations have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green belts Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 17 - Rural homes 39
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8.3. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA8 - Development of Gap Sites Policy GBRA9 - Consolidation of Existing Building Groups Policy DM1 - New Development Design South Lanarkshire Council (SLC) Supporting Planning Guidance Supplementary Planning Guidance: Residential Design Guide (2011) 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Full planning permission is sought for the erection of two single storey detached dwellinghouses and the formation of two vehicular accesses on land at Stoneside of Dripps Farm, Thorntonhall. The main issues to be addressed in the determination of this application includes the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development As the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- development associated with agriculture, woodlands, and forestry accommodation for an essential worker; horticulture; outdoor recreation, play and sport, leisure and tourism uses; flood risk management proposals; essential infrastructure or new cemetery provision; mineral operations and renewable energy; intensification of established uses, including extensions to an existing building where that is ancillary to the main use; the reuse, rehabilitation and conversion of historic environment assets; or one-for-one replacements of existing permanent homes. Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. Developments need to be designed to ensure they are of an appropriate scale and appearance that minimises visual impact and there will be no significant long-term impacts on the environmental quality of the Green Belt. 40
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10.3. In addition to the above, SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. Isolated and sporadic development will not be supported. 10.4. The SLLDP2 also contains specific policies for types of residential development within the Green Belt and rural area. The applicant makes reference to ‘rural cluster development’ and the proximity to the adjacent rural dwellings in their Supporting Statement as justification for the proposed Green Belt location. There is no policy in the SLLDP2 which supports ‘cluster developments’ of housing in the Green Belt, but there are policies which relate to the development of gap sites and the consolidation of existing building groups which this proposal can be assessed against. Reference is also given in the Supporting Statement to the proximity of the site to rural businesses, but no specific justification for the site’s location was provided, such as an essential worker being required to live in close proximity to an existing rural business, or a retiring farmer and a lack of local homes. 10.5. SLLDP2 Policy GBRA8 – Development of Gap Sites supports the erection of new houses on clearly identifiable gap sites subject to compliance with a set criteria. This includes that the building group shall form a clearly identifiable nucleus with strong visual cohesion and that the site shall be bounded on at least two sides by habitable houses or other buildings. The site shall be no more than needed to form a maximum of two house plots of a size in keeping with the curtilage and frontage of the existing group. Exceptionally, in the rural area, the layout of a group of buildings may allow for the infill of a small area up to a natural boundary or physical feature. Ribbon development is not permitted, or coalescence with another building group, and the new dwelling(s) shall be of a comparable scale to existing properties. The proposal does not meet the criteria in Policy GBRA8. 10.6. SLLDP2 Policy GBRA9 – Consolidation of Existing Building Groups supports new houses within existing building groups where a set criteria is complied with. This includes, that the scale and siting of the new development shall respect that of the existing group. That the proposal shall not result in ribbon development or coalescence of the group with another. That the development shall not significantly adversely affect the landscape character or setting or an area, and that comparable private amenity space shall be provided. The proposal does not meet the criteria in Policy GBRA9. 10.7. Other policies relevant to the consideration of the principle of the development include NPF4 Policy 15 - Local living and 20-minute neighbourhoods, which seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling and using sustainable transport options. It is noted that the site’s location is such that a private car is likely to be required for most, if not all journeys given the limited nearby facilities and sustainable transport options. NPF4 Policy 17 sets out the circumstances where rural housing will be supported including on sites allocated for housing, on brownfield land where a return to a natural state has not happened, making use of redundant buildings, where it is required for essential workers or retiring farm workers, where it is the subdivision of an existing house, or where it reinstates a former house. 41
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10.8. It is considered that the proposal would not comply with NPF4 Policy 8, 15 or 17 or with SLLDP2 Policies 4, GBRA8 or GBRA9 and that it would represent an unjustified loss of Green Belt land. In this respect, in terms of the principle of the development, new housing is not generally supported in the Green Belt by the development plan unless it is on an identified site, or unless there is a specific locational justification provided for it. In this instance, no appropriate locational justification has been provided for the erection of new dwellinghouses at this location. General reference has been made to the houses providing additional agricultural worker accommodation, but without any evidence to show that such accommodation is required. It is also noted that the site is in relatively close proximity to the existing settlements of Thorntonhall and East Kilbride, and so there is an existing supply of accommodation in close proximity to the area. The proposal would not comply with any of the criteria in NPF4 Policy 8 and it does not justify its Green Belt or countryside location. 10.9. With regards to the ‘cluster development’ reasoning set out in the Supporting Statement, there are existing buildings neighbouring the site, but it is not considered that this limited number of structures could be considered as a ‘building group’, and they do not form a clearly identifiable nucleus with strong visual cohesion given their limited numbers and the overall setting. The proposal would double the size of this ‘group’ and spread it to the opposite side of the access road without justification. In addition, the site could not be considered as a gap site under SLLDP2 Policy GBRA8 given its split position on either side of the road. Plot 2 would have no potential for justification under this policy, whilst Plot 1 fails to comply given the sites position in the Green Belt and lack of adjacent building to form a gap. Development of a gap site up to a physical or natural boundary alone can generally only be justified under the current development plan outwith the Green Belt, in the wider rural area only. The proposal has not appropriately justified its place in the Green Belt, and it would not represent sustainable development in terms of NPF4 Policy 15. 10.10.In addition to the above, NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the delivery of high-quality homes, in the right locations, providing choice across tenures. Proposals for homes on land not allocated for housing, such as this, can be considered where it is consistent with the policy on rural homes. It has been established above that this proposal is not consistent with the policy on rural homes or Green Belt development and, as such, the proposal is directly contrary to this policy. 10.11.Climate Change With regards to the impact upon the local environment and sustainability, NPF4 Policy 1 and SLLDP2 Policy 2 require that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. NPF4 Policy 3 – Biodiversity also requires development proposals to contribute to the enhancement of biodiversity in the local area. 10.12.Whilst the proposed houses would be required to meet energy efficiency targets to meet building regulations, the proposal would represent the unjustified development of two new houses in the Green Belt on a site which would require most, if not all journeys to be undertaken by private cars. In addition, the formation of the house plots, driveways, a safe visibility splay, and construction access would likely require the removal of a significant section of hedge which would have an impact upon local biodiversity due to this habitat loss. 42
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10.13.Layout, Siting and Design In terms of the more detailed design, SLLDP2 Policy 5 - Development Management and Placemaking - seeks to ensure proposals take account of the principles of sustainable development, avoid significant adverse impact on the local area and include suitable access. SLLDP2 Policies GBRA1 and DM1 together seek to ensure proposals promote quality and sustainability in design, layout and enhance or make a positive contribution to the surrounding area. NPF4 Policy 14 – Design, Quality and Place supports proposals that are consistent with the six qualities of successful places. 10.14.The overall size, scale and design of the proposed dwellinghouses are generally in keeping with the wider character of their rural setting, however, they are significantly larger in footprint and scale than the adjacent existing properties and they have much larger plot sizes. Plot 1 also does not carry through the established front building line due to the space at the front of the house being used for car parking. The overall effect is that the proposed dwellings would not integrate with the established character of the immediate area and that they would have an adverse impact upon visual amenity and the character of the area. The proposals are also likely to lead to a loss of existing mature hedgerows to form the new driveways and safe visibility splays. Overall, the proposal does not fully comply with SLLDP2 Policies 5, GBRA1 and DM1 or with NPF4 Policy 14. 10.15.In summary, it is considered that the proposed dwellinghouses have not been appropriately justified in terms of their position within the designated Green Belt and that the proposal would represent an unjustified loss of Green Belt land. In addition, the unjustified dwellings would encourage more private car journeys due to their Green Belt setting, and there would be an adverse impact upon biodiversity from the development of this site. Finally, there are concerns regarding the design of the proposed dwellings in terms of their integration with adjacent buildings and the wider impact upon the amenity of the area. Following a detailed assessment, it is considered that the proposal does not comply with the relevant policies of the development plan (NPF4 and SLLDP2) and that there are no material considerations which would justify granting consent contrary to the development plan. The refusal of planning consent is therefore recommended. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4, as no appropriate justification has been provided for the proposal and the dwellings do not need to be situated in the Green Belt. 02. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 as it does not constitute the delivery of high-quality homes in the right locations as set out in the policy criteria. 03. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4, the proposed location does not meet any of the criteria to be considered a sustainable rural home in the right location and as such cannot be supported. 43
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04. The proposal would be contrary to Policy 4 - Green Belt and the Rural Area of South Lanarkshire Local Development Plan 2 as no appropriate justification has been provided for the proposal and the dwellings do not need to be situated in the Green Belt. 05. The proposal is contrary to Policy 5 Development Management and Placemaking and Policy DM1 New Development Design of SLLDP2 as the proposed dwellings are not of a scale or layout that would reflect the local character or amenity of the existing adjacent dwellings. 06. The proposal would be contrary to Policy GBRA8 - Development of Gap Sites of the South Lanarkshire Local Development Plan 2, as the application site does not qualify as a gap site in terms of policy GBRA8, particularly given its Green Belt location. 07. The proposal would be contrary to Policy GBRA9 - Consolation of Existing Building Groups of the South Lanarkshire Local Development Plan 2, as the application site does not qualify as a 'building group' in terms of policy GBRA9 and as the proposal would not reflect and respect the cohesiveness, spacing and scale of the existing houses. David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- P/24/1300 | Erection of two dwellinghouses, the formation of two new vehicular accesses and associated works | Land At Stoneside Of Dripps Farm Cartside Highway Thorntonhall G74 5AP Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 44
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1481 Proposal: Erection of two single storey dwellinghouses, the formation of driveways and associated works Site Address: Land 56M Northeast of Garngour Cottages Garngour Road Lesmahagow Lanark Applicant: A Lennox Homes Agent: Planterra Ward: 04 Clydesdale South Application Type: Full Planning Permission Advert Date: Carluke Gazette - 15 January 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 7 47
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site is an area of agricultural land located between The Round House and the farm access track running to the front of the Mid Garngour Cottages. The contours of the site see the western edge sitting higher than the eastern edge, as the site is located on a hill. The surrounding land uses are predominantly agricultural and rural housing, with the settlement of Lesmahagow some 220 metres to the west. 3. Description of Proposed Development 3.1. The proposal seeks to split the site into two plots and build two new dwellinghouses which would be a mirror of each other. The proposed dwellings would be single storey in height with pitched roofs, and each would contain three bedrooms, a home office, utility room and an open-plan kitchen/living space. They would be finished with white rendered walls, grey roof tiles and would be heated by air source heat pumps. Both dwellings would take access from linked driveways, providing parking space for three cars per plot and both dwellings would be served by septic tanks within the rear gardens. 3.2. The development would be set back from the eastern side of the site to provide 6m of distance from existing overhead cables and the existing hedgerow on this side of the site is intended to be preserved, with new hedgerows planted to form the other boundaries. 4. Relevant Planning History 4.1. The site does have a previous planning consent for the erection of two dwellings (CL/16/0147), however, this consent has since lapsed and was not implemented. It is noted that the development plan has changed from the time this previous application was assessed, with the adoption of both National Planning Framework 4 and the South Lanarkshire Local Development Plan 2. 5. Supporting Information 5.1. None. 6. Consultations 6.1. Roads Development Management – have objected as the required visibility splay has not been indicated and does not appear to be achievable. No evidence has been submitted to justify a reduction in the required visibility splay. Response: Noted. It would not be appropriate to request a speed survey be undertaken if there were significant concerns regarding the principle of the development and so this has not been requested in this instance. 6.2. Environmental Services – have raised no objections to the proposal subject to the inclusion of relevant advisory notes. Response: Noted. 6.3. Scottish Water – have provided advice on water and wastewater capacity in the area. Response: Noted. 48
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 5 representations objecting to the proposal have been received. The matters raised can be summarised as follows:- the proposal does not meet the criteria for infill or cluster development set out in local or national policy the proposal would result in inappropriate residential expansion in the rural landscape the proposal is not sustainable and would lead to increased car dependency the proposal could set a harmful precedent for further housing in the area the hilltop position means that the development would not blend into the background, and it would be highly visible, impacting upon the landscape and character of the area concerns regarding road safety and access, particularly as the road is also designated as a core path 7.2. These matters have been taken into consideration as part of the assessment of this proposal, below, and the letters are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 17 - Rural homes 8.3. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA8 - Development of Gap Sites Policy GBRA9 - Consolidation of Existing Building Groups Policy DM1 - New Development Design 49
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9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Full planning permission is sought for the erection of two single storey detached dwellinghouses and the formation of two vehicular accesses on land 56m northeast of Garngour Cottages, Garngour Road, Lesmahagow. The main issues to be addressed in the determination of this application includes the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development In terms of the principle of the development, the site is located within the designated rural area. NPF4 Policy 17 sets out the circumstances where rural housing will be supported. This includes proposals:- On a site allocated for housing in the local development plan On a site that reuses brownfield land where a return to a natural state has not or will not happen without intervention Where it makes use of a redundant or underused building Where it is an appropriate use of a historic environment asset Where it is demonstrated to be necessary to support the management of a viable rural business or croft, and there is an essential need for a worker living locally Where it is for a single home for the retirement succession of a viable farm holding Where it is for the subdivision of an existing dwelling Where it reinstates a former dwellinghouse or is a one-for-one replacement There are also provisions which may allow for homes to be built to support the resettlement of previously inhabited places, where identified in the local development plan, and for new houses in remote rural areas where they support and sustain existing fragile communities and support identified local housing outcomes. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area would also be relevant to this proposal. This states that within the rural area, the Council seeks to protect the amenity of the countryside while, at the same time, supporting small scale development in the right places that is appropriate in land use terms and is of high environmental quality that will support the needs of communities. The Green Belt and rural area function primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. The SLLDP2 also contains specific policies for types of residential development within the Green Belt and rural area. No specific locational justification has been provided by the applicant for the use of this site within the rural area, and so the application has been assessed against all of the policies which appear to be potentially relevant in this instance. 10.5. SLLDP2 Policy GBRA8 – Development of Gap Sites supports the erection of new houses on clearly identifiable gap sites subject to compliance with a set criteria. This includes that the building group shall form a clearly identifiable nucleus with strong visual cohesion and that the site shall be bounded on at least two sides by habitable houses or other buildings. 50
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10.6. SLLDP2 Policy GBRA9 – Consolidation of Existing Building Groups supports new houses within existing building groups where a specified criteria is complied with. This includes, that the scale and siting of the new development shall respect that of the existing group. That the proposal shall not result in ribbon development or coalescence of the group with another. 10.7. There are existing buildings neighbouring the site, but it is not considered that this limited number of structures could be considered as a ‘building group’, and they do not form a clearly identifiable nucleus with strong visual cohesion given their limited number, the distance between them, and the overall setting. As such, neither Policy GBRA8 – Development of Gap Sites or Policy GBRA9 - Consolidation of Existing Building Groups are considered applicable to this proposal. 10.8. Generally, new housing on undeveloped land is not supported in the rural area under the development plan unless it is on an identified site, or there is a specific locational justification provided for it that complies with the relevant policies in the Development Plan. In this instance, no specific locational justification has been provided for the erection of new dwellinghouses at this location. The proposal does not appear to be related to any rural business development, it does not make use of an existing building, and it does not relate to previously developed land. Overall, it is considered that the proposal could not be classed as a gap site or consolidation of a building group under current development plan policies, and that there is no appropriate justification for two new houses at this rural location. 10.9. Other policies relevant to the consideration of the principle of the development include NPF4 Policy 15 - Local living and 20-minute neighbourhoods, which seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling and using sustainable transport options. It is noted that the site’s location is such that a private car is likely to be required for most journeys given the limited nature of nearby facilities and sustainable transport options. It is also noted that Garngour Road is a core path and walking to Lesmahagow is an option, but the distance to the local centre, the topography, and lack of pavement is likely to make this impractical for daily needs. 10.10.Policy 16 – Quality Homes of NPF4 seeks to encourage, promote and facilitate the delivery of high-quality homes, in the right locations, providing choice across tenures. Proposals for homes on land not allocated for housing, such as this, can be considered where it is consistent with the policy on rural homes. It has been established above that this proposal is not consistent with the policy on rural homes and, as such, the proposal is directly contrary to Policy 16 – Quality Homes of NPF4. 10.11.Climate Change With regards to the impact upon the local environment and sustainability, NPF4 Policy 1 and SLLDP2 Policy 2 require that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. NPF4 Policy 3 – Biodiversity also requires development proposals to contribute to the enhancement of biodiversity in the local area. 10.12.Whilst the proposed houses have been designed with a sustainable form of heating and would be required to meet energy efficiency targets to meet building regulations, the proposal would represent two unjustified new houses in the rural area on a site 51
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which would require most journeys to be undertaken by private cars. In addition, the formation of the house plots, driveways and safe visibility splays may require the removal of sections of hedging (and may limit the locations of proposed new hedgerows) which would have an impact upon local biodiversity due to habitat loss. 10.13.Layout, Siting and Design In terms of the more detailed design, SLLDP2 Policy 5 - Development Management and Placemaking - seeks to ensure proposals take account of the principles of sustainable development, avoid significant adverse impact on the local area and include suitable access. SLLDP2 Policies GBRA1 and DM1 together seek to ensure proposals promote quality and sustainability in design, layout and enhance or make a positive contribution to the surrounding area. NPF4 Policy 14 – Design, Quality and Place supports proposals that are consistent with the six qualities of successful places. 10.14.The size, scale and design of the proposed dwellinghouses is generally in keeping with the character of this rural setting, and the proposed use of air source heat pumps is certainly to be welcomed. The materials would also be generally appropriate to the rural area and the properties would have sufficient garden ground and space for required services. The site is located on a hill, but it is not considered that the dwellings would be of a height, size or scale which appeared out of character. Sufficient off-street parking could be provided, however, there are concerns regarding the formation of safe visibility at the driveways which would likely impact upon the proposed hedgerow provision planned for the front of the site. A safe vehicular access would be essential for rural dwellings, and it is further noted that the proposal does not include any EV charging provision. Overall, whilst the design is not wholly out of character for the rural area, the proposal does not fully comply with SLLDP2 Policies 5, GBRA1 and DM1 or with NPF4 Policy 14. 10.15.In summary, it is considered that the proposed dwellinghouses have not been appropriately justified in terms of their position within the designated rural area, and that the development does not comply with any of the forms of development specified through the development plan (NPF4 and SLLDP2) as being acceptable within the designated rural area. In addition, the unjustified dwellings would encourage more private car journeys due to their rural setting and lack of local services, there are safety concerns relating to the formation of a safe vehicular access, and there would be an adverse impact upon biodiversity from the development of this site. Following a detailed assessment, it is considered that the proposal does not comply with the relevant policies of the development plan and that there are no material considerations which would justify granting consent contrary to the development plan. The refusal of planning consent is therefore recommended. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4, as the proposed location does not meet any of the criteria to be considered as sustainable rural homes in the right location and, as such, cannot be supported. 02. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 as it does not constitute the delivery of high-quality homes in the right locations as set out in the policy criteria. 52
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03. The proposal would be contrary to Policy 4 - Green Belt and the Rural Area of South Lanarkshire Local Development Plan 2 as no appropriate justification has been provided for the proposal and the dwellings do not need to be situated in the rural area. 04. The proposal is contrary to Policy 5 Development Management and Placemaking and Policy DM1 New Development Design of SLLDP2 as it has not been adequately demonstrated that a safe vehicular access could be achieved. David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- P/24/1481 | Erection of two single storey dwellinghouses, the formation of driveways and associated works | Land 56M Northeast Of Garngour Cottages Garngour Road Lesmahagow Lanark Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 53
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1579 Proposal: Erection of residential development comprising 9 no. flatted dwellings with access, parking and associated works Site Address: Vacant Land Corneys Close Kirk Street Strathaven ML10 6LB Applicant: Russell Joinery Construction and BW Paterson Agent: Stuart MacGarvie Ward: 5 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 12 February 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 8 55
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined it raises issues which merit consideration by the Planning Committee. 2. Site Description 2.1. The site extends to approximately 0.1 hectares, is located at Corneys Close south- east of Kirk Street, Strathaven and comprises properties at 39 and 41 Kirk Street, which have been sub-divided into flatted dwellings, and an area of vacant land to the south-east of these properties where the proposed development would be sited. The majority of the site, including the area where the built development is proposed, is located within the Strathaven Conservation Area. 2.2. The site is bounded to the north by properties fronting onto Kirk Street, to the west by Station Road, to the east by properties fronting onto Todshill Street and Corneys Close, and to the south by a public car park. Access to the site is taken from Corneys Close, Todshill Street and Station Road, though all of the accesses are currently noted as being closed off. The site is predominantly flat, but slopes significantly upwards towards the western access point from Station Road. 3. Description of Proposed Development 3.1. The proposal is for the erection of a residential development comprising nine flatted dwellings with access, parking and associated works. The proposed flatted block would be five stories in height, with car parking provided on the lower floor and residential flats located on each of the four floors above. Additional car parking would be provided externally within the site, in addition to bin storage and planting areas. Vehicular access to the site would be taken via the existing access from Station Road, while pedestrian access is stated as being provided from both Kirk Street to the north and Todshill Street to the east via Corneys Close. 4. Relevant Planning History 4.1. Planning permission was previously granted for residential development on the section of the site now proposed to be developed in August 1996 through planning consent reference Ref: P/95/403/CA. As this development also included the conversion of 39-41 Kirk Street to form flatted dwellings, works which were undertaken at the time, this consent exists in perpetuity. 4.2. A subsequent planning application for alterations to the 1996 consent was granted planning consent in 1998 (Planning Ref: EK/98/0212). However, as this application did not include the conversion of 39-41 Kirk Street and none of the works forming part of this consent were undertaken, it has since expired. 4.3. An application for Listed Building Consent has also been submitted in respect of this proposed development, as it would be sited within the curtilage of a listed building (Planning Ref: P/24/1580). This application remains under consideration at this time. 4.4. While it is noted that the historic consent for development of the site exists in perpetuity, the current submission relates to a different development proposal and requires to be fully assessed as a standalone planning application against current local and national planning policy. 5. Supporting Information 5.1. The applicants have submitted a Design and Access Statement and a Planning Statement in support of their proposals. 56
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6. Consultations 6.1. Environmental Services – offered no objections subject to the inclusion of conditions which could be attached to any consent granted. Response: Noted. 6.2. Roads, Transportation and Fleet Services – objected to the proposed development, as the access to the site does not meet their requirements and insufficient car parking has been provided as part of the proposals. Response: Noted. 6.3. West of Scotland Archaeology Service – offered no objection subject to the imposition of a condition to any consent issued requiring a programme of archaeological works to be implemented to their satisfaction. Response: Noted. 6.4. Historic Environment Scotland – noted that their remit in this case extends only to the impact on Avondale Castle, a designated scheduled monument. They advised that they did not consider the proposed development to have a significant adverse impact on the integrity of the castle. Response: Noted. 6.5. SP Energy Networks – offered no objection to the proposed development. Response: Noted. 6.6. Scottish Water – offered no objection to the proposed development. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 16 objections have been received. The issues raised are summarised as follows:- traffic and road safety scale/height of building dominance over nearby properties loss of privacy / light impact on Conservation Area and listed buildings impact on Avondale Castle noise and disturbance parking access concerns waste management The above issues are considered as part of the assessment below. Six letters were also received in support of the proposed development. These letters are available for inspection on the planning portal. Other non-material issues were raised that were not planning related and do not form part of the assessment of the proposal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 57
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8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 7 - Historic assets and places Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 27 - City, town, local and commercial centres 8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 9 - Network of Centres and Retailing Policy 14 - Natural and Historic Environment SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy NHE3 - Listed Buildings Policy NHE6 - Conservation Areas 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. 10.2. Principle of Development In terms of the principle of the development, the site is located partially within the general residential area as designated by Policy 3 – General Urban Areas and Settlements of SLLDP2 and partially within an area designated as forming part of Strathaven Town Centre as designated by Policy 9 – Network of Centres and Retailing of SLLDP2. Generally, the principle of residential development in these locations is acceptable if it can be demonstrated to comply with the other relevant policies of the Development Plan. 58
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10.3. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. In this case it is noted that the development would be located close to local services and amenities. As such, there are no specific concerns with regard to climate change issues associated with the proposal. 10.4. Layout, Siting and Design Policies 14 and 15 of NPF4 relate to liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Policy 15 seeks to encourage, promote and facilitate the application of the Place Principle. 10.5. Similar policy with regard to residential development is provided within SLLDP2. Policies 3 – General Urban Areas and Settlements, 5 – Development Management and Placemaking and DM1 – New Development Design support development proposals that respect existing residential amenity and do not adversely impact on the amenity or character of the surrounding area. Additionally, proposals are required to adhere to general development management requirements, including appropriate access and parking provision. 10.6. In this instance it is noted that the proposals relate to the provision of nine flats within a five-storey block, located on a vacant site that is in close proximity to existing properties to the north and east, which are predominantly two and two and a half storey townhouses of a traditional form. 10.7. The development as proposed would be significantly out of scale and character with the existing built development pattern in the immediate vicinity of the site given its proposed design and height. In addition, the development would have a significant adverse impact on directly adjacent properties to the north, on Kirk Street, in terms of overlooking and loss of light. 10.8. It is further noted that the Council’s Roads, Transportation and Fleet Services has advised that neither the parking provision or access arrangements proposed are appropriate in this case and that the proposals would create a traffic and road safety issue. Taking all of the above into account, the view is taken that the proposals fail to comply with the relevant provisions of Polices 14 of NPF4, or with Policies 3, 5 and DM1 of SLLDP2. 10.9. Historic Environment Policy 7 of NPF4 relates to historic assets and places. The policy seeks to protect and enhance historic environment assets and does not support development proposals that would have an adverse impact on historic assets such as listed buildings and conservation areas. Similar policy regarding the historic environment is provided within SLLDP2. Policy 14 – Natural and Historic Environment seeks to resist developments that would have a significant adverse impact on the historic environment, while Policies NHE3 and NHE6 provide similar policy in respect of listed buildings and conservation areas respectively. General development management Policies 5 and DM1 of SLLDP2 also seek to protect historic environment assets. 59
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10.10.In this case, it is noted that the proposed development would be located within the Strathaven Conservation Area and in close proximity to two listed buildings, at 39-41 Kirk Street and the former Sun Hotel, Kirk Street, with the development itself proposed to take place within the curtilage of 39-41 Kirk Street. 10.11.Given the scale and height of the development proposed, considered alongside its proximity to the listed buildings and its location within the Conservation Area, the proposed development would have a significant adverse impact on the historic built environment. The proposed development fails to comply with the provisions of Policy 7 of NPF4 and Policies 5, 14, NHE3, NHE6 and DM1 of SLLDP2 in respect of the significant adverse impact on the historic environment that would occur as a result of the development in this case. 10.12.Conclusion Following a detailed assessment of the proposals, it is considered that the development would have a significant impact on the character and residential amenity of the surrounding area, with particular regard to its scale, impact on adjacent properties in terms of overlooking and overshadowing and with regard to traffic and road safety considerations. Furthermore, it is considered that the development would have a significant adverse impact on adjacent listed buildings and on the Strathaven Conservation Area. It is therefore considered that the proposal fails to comply with the relevant policies of the development plan, and it is recommended that planning consent is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposed development would fail to comply with Policy 7 - Historic assets and places of National Planning Framework 4 (2023) as it would fail to protect or enhance the character or setting of the adjacent listed buildings or the Strathaven Conservation Area. 02. The proposed development would fail to comply with Policy 14 - Design, quality and place of National Planning Framework 4 (2023) as it would be poorly designed and scaled, would be detrimental to the amenity of the surrounding area and would have a negative impact on the quality of the area. 03. The proposed development would fail to comply with Policy 3 - General Urban Areas and Settlements, Policy DM1 - New Development Design and Policy 5 - Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 (adopted 2021) as the proposed scale, massing and design would adversely affect the amenity and character of the area in which it would be located and would have a detrimental impact on local residential amenity. 04. The proposed development would fail to comply with Policy 3 - General Urban Areas and Settlements, Policy 5 - Development Management and Placemaking and Policy DM1 - New Development Design of the South Lanarkshire Local Development Plan 2 (adopted 2021) as insufficient car parking would be provided to serve the development and an inappropriate vehicular access to the site would be provided. 60
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05. The proposed development would fail to comply with Policy 14 - Natural and Historic Environment, Policy NHE3 - Listed Buildings, Policy NHE6 - Conservation Areas, Policy 5 Development Management and Placemaking and Policy DM1 - New Development Design of the South Lanarkshire Local Development Plan 2 (adopted 2021) as it would fail to preserve or enhance the special interest and character of the adjacent listed buildings and does not preserve or enhance the special character of the surrounding Strathaven Conservation Area. David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- P/24/1579 - Erection of Residential Development Comprising 9 No. Flatted Dwellings with Access, Parking and Associated Works at Vacant Land, Corneys Close, Kirk Street, Strathaven Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 61
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0061 Proposal: Development of 150MW Battery Energy Storage System with associated infrastructure, inclusive of the Reinstatement of Access Points Site Address: Land at Downiebrae Road, Rutherglen Applicant: AE Associates Agent: Ward: 12 – Rutherglen Central and North Application Type: Electricity notification, Section 36 application Advert Type: None required Development Plan Compliance: No Departures: Not applicable Recommendation: That the Scottish Government Energy Consents Unit is informed that, for the reasons stated, South Lanarkshire Council object to the granting of consent under Section 36 of the Electricity Act 1989 Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 9 63
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1. Reason for Report 1.1. It relates to a consultation on an application that has been made to the Scottish Government under Section 36 of the Electricity Act 1989 and it raises matters which have significant policy implications. 2. Site Description 2.1. The application site extends to some 1.64Ha and is located on the east side of Dalmarnock Road/south of Downiebrae Road in Rutherglen. The River Clyde lies to the north of the site, with the Dalmarnock to Rutherglen Railway line lying some 250m to the west of the site. 2.2. The site itself lies wholly within the former Sanmex industrial site, which has previously been demolished, with land currently lying vacant. A stone wall, topped by a metal railing, runs along the majority of western and northern boundaries. 2.3. An area of land sitting adjacent to the site (on its northeastern side) and within the boundary of the overall Sanmex site, was the subject of planning permission for a smaller BESS development (planning permission reference P/21/1525). Work has not started on this development. 3. Description of Proposed Development 3.1. An application has been made to the Scottish Government under Section 36 of the Electricity Act 1989 for the erection of a Battery Energy Storage System (BESS). The application has been made to the Energy Consents Unit within the Scottish Government who are responsible for the administration of the process including carrying out the necessary publicity and consultation and the decision-making process. 3.2. The Council is a statutory consultee in this process and not the Consenting Authority. 3.3. The proposed development comprises the following elements:- 38 battery banks, each consisting of 1 x transformer, 2 x invertors and 10 x battery units 2 x auxiliary transformers 1 x substation transformer security fencing security cameras 3.4. The existing access into the site from Downiebrae Road would be used for emergency access purposes only, with the two existing access points into the site off Dalmarnock Road being upgraded. 4. Relevant Planning History 4.1. Planning Permission in Principle (reference CR/15/0040) was granted for the development of a mixed-use scheme comprising Class 1 (retail), Class 11 (leisure) and sui generis Hot Food uses on the wider Sanmex site by notice dated 8 March 2016, of which the site of this current application forms part. Neither of the above noted planning permissions have been implemented. 5. Supporting Information 5.1. The applicant has submitted several items of supporting information with the application, as noted below:- 64
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Planning Statement Site Investigation Report Flood Risk Assessment Preliminary Ecological Appraisal Noise Impact Assessment Transport Assessment Community Consultation Report Fire Risk Report 6. Consultations 6.1. The Energy Consents Unit (ECU) has carried out a wide range of consultation on the Section 36 application. The Council is responsible only for carrying out internal consultation to inform its response to the consultation from the ECU and these are set out below. 6.2. Environmental Services - advise that they have no objection to the proposed development subject to the imposition of several conditions covering potential site contamination, noise and waste. Response: The terms of this consultation response is noted. 6.3. Roads Development Management Team – advise that they object to the proposed development based on the lack of appropriate information submitted with and in support of the proposed development. This includes:- the provision of information confirming the weights of all components to be delivered to the site to allow for a determination to be made as to whether abnormal load deliveries are required the provision of full details of the number of vehicle movements associated with the proposed development, broken down into the construction phase, with details of the number of deliveries to the site and staff movements, and the post construction phase full details of the proposed upgrading work to the two access points into the site off Dalmarnock Road, noting that the use of only one of these access points would be permitted during the construction phase only Response: Noted. 6.4. West of Scotland Archaeological Service – advise that they have no objection to the proposed development and do not require any investigations of the site to be undertaken. Response: Noted. 7. Representations 7.1. The Energy Consents Unit are responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in their assessment of the Section 36 application. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 65
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8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 11 - Energy Policy 14 - Design, quality and place Policy 26 - Business and industry 8.3. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 3 – General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 8 - Employment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy Policy DM1 - New Development Design Policy DM20 - Supporting Information Policy RE1 - Renewable Energy Policy SDCC1 - Vacant, Derelict and Contaminated Land Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy ICD1 - Strategic Economic Investment Locations 9. Guidance 9.1. On 27 August 2020, the Scottish Government’s Chief Planner issued a letter in relation to electricity storage and the consenting regime. In this letter the Chief Planner stated that the Scottish Government considers that a battery installation generates electricity and is therefore to be treated as a generating station. 10. Assessment and Discussion 10.1. This application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it is development with a generating capacity of over 50MW. In this instance, South Lanarkshire Council is a consultee to the application process and is not the Consenting Authority. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance, the application is made under the Electricity Act 1989 and not the Planning Act and, therefore, the Development Plan does not have the primacy it normally would for planning decisions, but it is still an important material consideration in this instance and informs the Council’s consultation response. 66
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10.2. In terms of the adopted National Planning Framework 4, Policies 1 and 2 seek to encourage, promote, and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. Policy 2 ‘Climate Change’ of the SLLDP2 states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The proposals are for a form of renewable energy development and, therefore, intrinsically support minimising the effects of climate change through greener energy generation. It is, therefore, considered that the principle of the development accords with Policies 1 and 2 of NPF4 and SLLDP Policy 2. 10.3. Policy 11 – Energy of NPF4 states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. Detailed criteria that should be considered when designing projects are set out and, when considering these impacts, significant weight will be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. However, proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities. 10.4. SLLDP2 Policy 18 ‘Renewable Energy’ is an overarching renewable energy policy and, therefore, defers the detailed, development management consideration to the Assessment Checklist for Renewable Energy Proposals contained within SLLDP2 Volume 2. Volume 2 Policy RE1 Renewable Energy outlines the considerations, criteria and guidance that must be considered for all renewable energy proposals. These are the Assessment Checklist contained with Appendix 1 of SLLDP2, Volume 2 and other relevant SLLDP2 Policies. It is noted that most of this guidance relates to wind turbines, however, the relevant development management criteria have been assessed. 10.5. The application site is on land designated in SLLDP2 as being within the Clyde Gateway Strategic Economic Investment Location (SEIL). SEILs are identified as the priority locations to promote the Scottish Government’s key economic sectors. Policy 8 ‘Employment’ sets out the categories of employment land uses that will be appropriate. For the Clyde Gateway SEIL these are described as the key sectors of business and financial services and distribution and logistics. Further Policy ICD1 ‘Strategic Economic Investment Locations’ states that other proposals may be actable where they:- 1: Create significant new class 4/5/6 employment opportunities. 2: Involve the creation of strategic office developments. 3: Are identified in the Council’s Economic Strategy. 4: Provide essential ancillary services or services for businesses within the SEIL. Proposals should be accompanied by a business plan demonstrating the viability of the business and justifying its location in a SEIL. 10.6. In addition, Policy 26 Business and Industry in NPF4 states that development proposals for business and industry uses on sites allocated for those uses in the LDP will be supported. 10.7. Battery storage does not represent an acceptable land use within the designated SEIL. Specifically, in terms of Policy ICD1 the proposal would not create new Class 4/5/6 employment opportunities; does not involve the creation of strategic office developments; or represent a use identified in the Council’s Economic Strategy. In 67
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addition, the siting of a battery storage system at this site has not been shown to be necessary to serve other businesses in the SEIL. 10.8. The purpose of the SEIL is to promote development of new businesses and industries in key employment sectors. The loss of any part of this key inward investment opportunity is contrary to the spatial strategy for the Council’s area. In addition, NPF4 Policy 11 requires proposals to maximise net economic impact, such as employment and associated business and supply chain opportunities. The battery storage project would not create any employment other than during the construction period whereas it would prevent the creation of longer-term employment. 10.9. The Planning Permission in Principle for the redevelopment of the whole of the former Sanmex site for a mixed use development was granted in 2016. An assessment of the application concluded the proposal was contrary to the development plan as the site was identified as a core industrial and business area. An exception to policy was made on the grounds that it complied with Policy ICD1 of the then adopted South Lanarkshire Local Devement Plan (which had an equivalent approach to managing non-conforming uses in core employment areas as the current SLLDP2) in that there would not be a significant adverse impact on the marketable industrial land supply. 10.10.Since this consent was granted the marketable industrial land supply has decreased. South Lanarkshire has a current allocated employment land supply of 42 Category A sites (ie those available for industry and business purposes and free of significant constraints) totalling 71.48 hectares. Two-thirds of sites are smaller than 1 hectare. Annual average employment land take-up is 7 sites and 3.8 hectares per year. Most sites taken up were smaller than 1 hectare. Speculative development activity has occurred primarily around Rutherglen in Clyde Gateway with recent industrial development projects aided by previous and continuing public sector investment. However, the level of speculative development is not enough to meet demand. A report commissioned by Glasgow City Region on employment land availability and demand found, in the case of Rutherglen and Cambuslang, that the current availability rate of industrial property is extremely low (1%) comprising 1 available unit. Given the site is in a principal industrial location and is very well connected to the wider Glasgow conurbation, particularly around the M74 motorway, it is critical that land within core business and industrial locations is retained for employment use. 10.11.Policy 3 ‘General Urban Areas and Settlements’ requires consideration of developments in relation to the existing amenity of the surrounding area and requires development proposals within settlements to accord with other relevant policies in the development. Policy 5 ‘Development Management and Placemaking’ states that development proposals should take account of and be integrated within the local context and built form. 10.12.New development should also have no significant adverse impacts on the local community. This advice is supported within SLLDP2 Policy DM1 ‘New Development Design’. In this instance it is considered that the scale of the proposals is acceptable for the site, given the existence of several larger industrial buildings within the local surrounding area. It is therefore considered that the design of the proposals would not be detrimental to the surrounding area. 10.13.In terms of the impact the proposals would have on the amenity of the area, it is noted that they would not emit any gases as part of the process and are in essence similar in nature to electricity substations. It is considered that the minimal traffic movements in the operational phase of the development are such that any other potential impacts on air quality will be negligible. 68
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10.14.Whilst the Roads Development Management Team has objected to the proposed development based on the lack of adequate information to allow them to properly assess the same, it is considered that these matters could be addressed through further discussion with the applicant and do not in themselves provide sufficient cause to object to the proposed development. 10.15.The application site is also subject to an assessment against Policy SDCC1 ‘Vacant, Derelict and Contaminated Land’, which states that the Council will work in partnership with other relevant stakeholders in implementing delivery plans for the remediation and redevelopment of vacant, derelict, and contaminated land. Further, where contamination of a site is suspected, applicants require to submit a contaminated land survey with any application. Given the brownfield nature of the site, the potential existence of sources of contamination cannot be ruled out. Environmental Services have considered this specific point and have suggested several appropriate conditions to address this matter. 10.16.SLLDP2 Policy 15 ‘Travel and Transport’ requires that new development does not impact upon any existing walking or cycle routes and promotes sustainable travel, where at all possible. In this instance there are no walking or cycling routes affected by the proposals. The site is in an area which is readily accessible by public transport and an adequate level of on-site parking is being provided to meet the needs of the proposed development during construction. 10.17.SLLDP2 Policy 16 ‘Water Environment and Flooding’ states that development proposals within areas of flood risk or that are detrimental to the water environment will not be supported. Policies SDCC2 Flood Risk and SDCC3 Sustainable Drainage Systems provide further detailed advice in support of Policy 16. A Flood Risk Assessment (FRA) has been submitted as part of the application. The FRA concludes that the site is at high risk of fluvial flooding and medium risk of ground water and sewer flooding but that this notwithstanding, subject to the proposed mitigation the development can proceed with it being further noted that the development will not increase the risk of flooding beyond the site boundary. 11. Conclusion 11.1. In conclusion, while the proposals involve the creation of essential infrastructure which, if implemented, would contribute to addressing the global climate emergency they would result in the loss of prime employment land within one of the Council’s flagship employment and economic investment areas. In particular, they do not accord with a number of policies within the Development Plan namely Policy 11 of National Planning Framework 4 and Policies 8 and ICD1 of the adopted South Lanarkshire Local Development Plan 2. 11.2. The proposals do not represent an acceptable form of land use for the SEIL designated site overall, it is considered on balance that this would result in the introduction of an inappropriate land use and divert investment away from a key strategic business location. 11.3. It is therefore recommended that the Planning Committee agree that the Council submit a formal objection to the proposed development to Scottish Ministers (via the Electricity Consent Units), based on the policy matters set out above. 69
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12. Recommendation 12.1. The Committee is asked to agree the following recommendation:- That in response to this Section 36 Consultation, the Council submits an objection to the proposed development on the following grounds:- 1. The proposals are contrary to Policies 8 and ICD1 of the adopted South Lanarkshire Local Development Plan 2 in that:- a) they do not support the strategic role and function of the Clyde Gateway (Shawfield) Strategic Economic Investment Location; b) they do not create new class 4/5/6 employment opportunities or involve a strategic office development; and c) they would not provide essential ancillary services or services for businesses within the SEIL. 2. The proposals are contrary to Policy 11 of National Planning Framework 4 in that they fail to maximise net economic impact, including local and community socio- economic benefits such as employment, associated business and supply chain opportunities. 13. Next Steps. 13.1. If members agree with this recommendation, Scottish Ministers (via the Energy Consents Unit) will be advised of the Council’s objection to the proposed development. Under the terms of the Electricity Act 1989 where the planning authority object to an application made under Section 36 a public inquiry is required to be held. However, a public inquiry is not required where the Scottish Ministers propose to grant the application subject to modifications or conditions that address the planning authority’s objection. 13.2. In the event Scottish Ministers cause a public inquiry to be held, a further report will be presented to the Planning Committee advising of this and giving members the opportunity to confirm their objection to the application. David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- P/25/0061 - Development of 150MW Battery Energy Storage System with Associated Infrastructure, Inclusive of the Reinstatement of Access Points at Land at Downiebrae Road, Rutherglen Contact for Further Information If you would like to inspect the background papers or want further information, please E-mail: planning@southlanarkshire.gov.uk 70
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0067 Proposal: Erection of 5 no. detached single storey dwellings with garages, formation of access road and associated landscaping Site Address: Land 75M North of Hardacres Bellefield Road Lanark Applicant: Zoom Developments Agent: DTA Ward: 02 Clydesdale North Application Type: Detailed Planning Permission Advert Type: Non-notification of neighbours: Lanark Gazette 26.02.2025 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 10 73
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee within the context of the approved South Lanarkshire Scheme of Delegation (2024) as more than 5 objections have been submitted in relation to the proposal. 2. Site Description 2.1. The site (0.77 ha) is a vacant greenfield paddock containing two small buildings in a dilapidated condition. It falls within the Lanark settlement boundary and is bounded to the south by the rear gardens of residential properties along Hardacres. To the north is an agricultural field which is an allocated housing supply site in the Local Plan. Adjoining the northwest corner of the site is an electricity substation. To the west the site adjoins a line of trees embanked above the Stay Brae, right of Way. To the east are two semi-detached cottages and Bellefield Road. Existing access is taken from Bellefield Road via a grass track. Topographically the site is relatively level. 3. Description of Proposed Development 3.1. The proposal involves the erection of five (four bedroom) bungalows, each with a large garden and detached garage with associated parking. A new access road with turning head will be formed from Bellefield Road. The bungalows will be situated to the north of the new access whilst to the south, along the boundary with Hardacres, a wildlife corridor will be formed. A hedge and tree planting scheme would be established along the northern boundary. Surface water drainage includes the use of soakaways – one per house plot and one for surface water drainage along the access road. 4. Relevant Planning History 4.1. Planning Application CL/12/0466 for residential development (Planning Permission in Principle) was withdrawn in October 2014 after the Scottish Government Reporter in his report on the Local Plan Inquiry at the time declined to support the site being identified as a housing site within the settlement boundary. Prior to that, Planning Application CL/09/0330 for residential development and formation of access (in outline) was also withdrawn. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted the following:- Design Statement Bat Survey 6. Consultations 6.1. Roads, Transportation and Fleet Services – No objection subject to conditions covering access, hard surfacing, visibility, parking and a requirement for a Traffic Management Plan. Response: Noted. Suitable conditions would be attached to any consent issued. 6.2. Environmental Services – No objections, subject to conditions on contaminated land investigations and remediation. Response: Noted. Should planning permission be approved appropriate conditions would be attached to any decision issued. 6.3. Scottish Water - There is sufficient capacity in the Coulter Water Treatment Works and for a foul only connection in the Lanark Wastewater Treatment Works. Response: Noted. Foul water will be directed to the existing combined sewer along Bellefield Road. Surface water drainage will be dealt with on site by soakaways. 74
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6.4. Roads Flood Risk Management – No response received to date. Response: The site is not identified as falling within a flood risk area. If consent is granted a condition will be attached requiring SUDS. 6.5. Scottish Power – No objection, however, they advise that there are underground cables within the vicinity of the site. Scottish Power Distribution Plc therefore reserve the right to protect and/or deviate their apparatus at the applicant’s expense. Response: If consent is granted an informative will be attached advising that the developer is responsible for diverting, along with attendant costs, where necessary, any infrastructure which may affect the proposed development. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement for non notification of neighbours, a total of 31 objections have been received. The issues raised are summarised as follows:- Amenity Impact upon Stay Brae, which is a right of way, the Mouse Valley and surrounding countryside. The proposal would bring two areas of housing closer together. The loss of a greenfield site. The proposal does not create a sense of place or follow guidance laid down in ‘Designing Streets’. The housing would be adjacent to a power sub-station. Isolated and sporadic development should not be considered. Impact on Natural and Historic Environment The site is an important natural habitat for deer, hedgehogs, badgers and other wildlife and the development could impact on wildlife and protected species. Detrimental to the landscape character of the area as the field is of Special Landscape value. Roads Related Matters Inadequate access road – not wide enough for bin lorries, delivery lorries, fire engines and construction traffic. Inadequate visibility splays. Increase in traffic and congestion. Increased danger to pedestrians. Increased traffic close to a play area represents a hazard to children. Other Matters Raised Applications have been refused in 1992 and 1998 and withdrawn in 2009 and 2012 for development on this site. There would be light pollution as a result of the proposal. The development would impact upon local services, doctors and dentists. Scottish Water will not accept any surface water connection into their combined sewer system. Disruption to neighbouring houses during construction. The site is not a brownfield site. The field is a right of way. Noise and pollution. The proposal would remove a site which has been used for grazing horses. Underground power cables represent a risk to supply and safety. 75
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Currently there are two further developments on Bellefield Road. There would be no significant environmental improvements. 7.2. Other non-material planning comments were included in representations but all of the relevant Planning issues are considered in the assessment below while all of the letters are available for inspection on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the Development Plan, unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 – Biodiversity Policy 4 - Natural places Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 7 - Community Infrastructure Assessment Policy 14 - Natural and Historic Development SLLDP2 Volume 2 Policies Policy DM1 New Development Design Policy NHE16 Landscape South Lanarkshire Council (SLC) Supporting Planning Guidance The Community Infrastructure Assessment Supplementary Guidance (2022) 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. The determining issues in the consideration of this application are its compliance with the National Planning Framework 4 (NPF4) and adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 76
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10.2. Principle of Development In the adopted SLLDP2 proposal’s map the site is included within the settlement boundary of Lanark where Policy 3 – General Urban Areas and Settlements advise that residential development on appropriate sites will generally be acceptable. The proposal satisfactorily complies with the aims of Policies 3 – General Urban Areas and settlements of the adopted local development plan and therefore the principle of the proposed development is acceptable. 10.3. Policy 16 of NPF4 relates to quality homes and seeks to encourage, promote and facilitate the delivery of high quality homes, in the right location. It advises that development proposals for new homes on land not allocated for housing in the local development plan will only be supported in limited circumstances, where there is an agreed timescale for build out, where they are consistent with the spatial strategy, compliant with 20 minute neighbourhoods and are restricted to small scale development. 10.4. The proposed housing development is consistent with the spatial strategy and other relevant policies in the Development Plan. It represents a small scale housing opportunity within the settlement boundary of a 20 minute neighbourhood. As such, the proposal accords with Policy 16 – Quality Homes of NPF4. 10.5. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. 10.6. The site is not identified on SEPA flooding maps as being at risk of flooding. Proposed SUDS including soakaways will effectively manage surface water runoff. Conditions have been attached requiring electric vehicle charging points, tree and hedge planting and establishment of a wildlife corridor. The proposal involves development of vacant land within a settlement where there are a range of shops, services and transport links. Overall, the proposal would not compromise the objectives of NPF4 Policies 1 and Policy 2 and SLLDP2 Policy 2. 10.7. Layout, Siting and Design NPF4 Policy 14 Design Quality and Place and SLLDP2 Policy 5 Development Management and Placemaking and Policy DM1 New Development Design seeks to ensure well designed development that makes for successful places and considers the impact on residential amenity. 10.8. This is a low-density development with a design and spacious layout appropriate to its locality. Use will be made of available vacant land resulting in an appropriate development. There would not be an adverse impact on neighbouring residential amenity due to overlooking or overshadowing and the level of light emission will not be significant, being commensurate with that omitted from existing properties. There was no detectable noise from the neighbouring power sub-station. Suitable parking can be provided and Roads, Transportation and Fleet Services, in their consultation response, did not raise any public or traffic safety issues. Safe access for vehicles and pedestrians during the construction phase will be addressed by the submission of a Traffic Management Plan. The proposal will not impact upon landscape features, protected habitats, or species. The proposal is therefore satisfactory in terms of NPF4 Policy 14 and SLLDP2 Policies 5 and DM1. 77
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10.9. NPF4 Policy 15 relates to local living and 20 minute neighbourhoods. It seeks to create connected and compact neighbourhoods where people can meet most of their daily needs within a reasonable distance of their home, preferably by using sustainable transport. 10.10.The site is in Lanark, within easy reach of a wide range of shops and services. In view of the circumstances described, the proposal accords with the aims and intent of Policy 15 Local living and 20 minute neighbourhoods of National Planning Framework 4. 10.11.Community Infrastructure Assessment SLLDP2 Policy 7 Community Infrastructure Assessment states where development proposals would require capital or other works or facilities to enable to proceed, financial contributions towards their implementation will be required. This development has not raised any requirements for contributions and the terms of SLLDP2 Policy 7 have not been compromised. 10.12.Natural and Historic Environment NPF4 Policy 3 relates to biodiversity and details that all local development shall include appropriate measures to conserve, restore and enhance biodiversity. 10.13.A bat survey has concluded that the bat roost potential of the existing buildings on site are negligible with no evidence of any actual use by bats. If consent is granted a condition will be applied requiring a pre-check for bats and nesting birds prior to demolition. As the site comprises vacant agricultural grassland, the proposal will not have a significant impact upon landscape features, protected habitats, or species. The existing hedgerow along the southern boundary shall be retained and beside it a wildlife corridor will be established. The northern boundary will be defined by a new hedgerow and alongside native trees will be planted. Therefore, the proposal accords with NPF4 Policy 3. 10.14.NPF4 Policy 4 – Natural Places, SLLDP2 Policies 14 – Natural and Historic Environment and NHE16 – Landscape emphasises that development proposals within Special Landscape Areas will only be permitted where they can be accommodated without having an unacceptable significant adverse effect on the landscape character, scenic interest and special qualities and features for which the area has been designated. SLLDP2 Policy NHE16 further advises all proposed development should take into account the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. The site falls within the Rolling Farmland Landscape type where developments should be located to maximise natural screening and integration. Medium to large scale modifications to undulating topography should be resisted. 10.15.The proposal for 5 bungalows is small sale. The houses are single storey and being situated at the edge of Lanark will have a backdrop of existing dwellings to the south, allowing visual integration and containment. The topography is relatively level, and cross sections demonstrate that any land reprofiling will be minimal. Tree and hedge planting along the boundaries will add natural features, contributing to landscape quality whilst enhancing the sense of consolidation. A material consideration is that the field to the north, also within the settlement boundary, has been allocated as a housing site in the Local Plan. Once that field is developed, the visual impact of a small residential development, in the context of the wider area and landscape character will be negligible. In considering the above, the proposal complies with NPF4 Policy 4 and SLLDP2 Policies 14 and NHE16. 78
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10.16.Conclusion The proposal will result in the development of vacant land within the settlement boundary of Lanark. This is a small-scale residential development which will use vacant land without detrimentally affecting residential amenity, privacy, or public and traffic safety. With the establishment of a wildlife corridor, along with tree and hedgerow planting, biodiversity and landscape character will be enhanced. In view of the above assessment and considering NPF4 and Local Plan policies and supporting information, the proposal represents an appropriate form of residential development for the application site and neighbouring vicinity. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendations:- Grant full planning permission subject to the following conditions:- 01.The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02.That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03.That before development starts, full details of the design and location of all fences and walls, including any retaining walls to be erected on the site shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 04.Prior to the commencement of the development hereby approved (including any demolition and all preparatory work), a scheme for the protection of retained and neighbouring trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Council as Planning Authority. The development shall thereafter be implemented in strict accordance with the approved details. Reason: To ensure that the trees to be retained will not be damaged during demolition or construction and to protect and enhance the appearance and character of the site and locality. 05.That before any work commences on site, full details of the landscaping, wildlife corridor and tree and hedge planting scheme, shown on the Site Plan, shall be submitted to and approved in writing by the Council as Planning Authority. This will include planting and maintenance specifications, including 79
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cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period. All planting shall be carried out in accordance with those details and at those times. That the approved landscaping, wildlife corridor and tree and hedgerow planting shall be completed during the first available planting season following occupation of the dwellings or completion of the development hereby approved, whichever is the sooner. Reason: In the interests of landscape character and biodiversity. 06.The existing buildings on site shall be checked for roosting bats and nesting birds prior to demolition. If nesting birds are found, no demolition shall take place until the chicks have fledged. If bat roosts are found no demolition shall take place until necessary mitigation measures have been approved and a bat licence obtained. Reason: To protect bats and nesting birds. 07.That no development shall commence until details of surface water drainage arrangements and future maintenance of sustainable drainage apparatus have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Developer Design Guidance (May 2020) and shall include the following signed appendices: C 'Sustainable Drainage Design Compliance certificate', D 'Sustainable Drainage Design Independent Check Certificate' and E 'Confirmation of Future Maintenance of Sustainable Drainage Apparatus'. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on-site and off-site flooding. 08.(a) The applicant should be required to undertake a comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by, the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by Section 57 of the Environment Act 1995) Land Contamination Risk Management Guidance (LCRM) - issued by DEFRA and the Environment Agency the latest edition of BS 10175- British Standards institution 'The Investigation of Potentially Contaminated Sites - Code of Practice'. 80
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(b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. (c) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council's written approval of the remediation plan. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 09.(a) Remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority. (b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels. (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site-specific risk assessment of any associated pollutant linkages, shall then require to be submitted to and approved in writing by the Council as Planning Authority. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 10.That before the development starts, a certificate or report from a recognised firm of chartered engineers shall be submitted to the Council as Planning Authority confirming the structural stability of the retaining walls and banking along the northern boundaries of 2 - 14 Hardacres and the southern boundary of 1 Chapland Cottage. Thereafter, the developer shall incorporate the full recommendations and requirements of the certificate or report in the design and construction of the development approved under this consent. Reason: In the interests of public safety. 11.That before the development hereby approved is brought into use, a 5 metre wide dropped kerb vehicular crossing to the site shall be constructed in accordance with the specification and to the satisfaction of the Council as Roads and Planning Authority. Reason: In the interests of traffic and public safety. 81
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12.That before the development hereby approved is completed or brought into use, the vehicular access shall be hard surfaced across its full width to prevent deleterious material being carried onto the road. Reason: To prevent deleterious material being carried onto the road. 13.That before the development is completed or brought into use, all of the parking spaces for each plot shown on the approved plans shall be laid out, constructed and thereafter maintained to the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 14.That before the development hereby approved is completed or brought into use, visibility splays of 2.0 metres by 20 metres measured from the road channel shall be provided on both sides of the driveways, serving each plot and everything exceeding 1.050 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 1.050 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 15.That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 35 metres measured from the road channel shall be provided on both sides of the junction of vehicular access and Bellefield Road and everything exceeding 1.050 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 1.050 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 16.That prior to any work starting on site, a programme indicating the phasing of construction of development, together with a Traffic Management Plan indicating the circulation of vehicles and pedestrians, shall be submitted to the Council as Planning Authority for written approval. The Traffic Management Plan shall also provide details of the hours of operation on site (detailing any particularly noisy aspects of the development), wheel washing arrangements and road sweeping details, on-site parking for construction workers and the route to be taken to access the site for all delivery/construction vehicles. Thereafter, the development shall be undertaken at all times in accordance with the approved details contained in the Traffic Management Plan unless otherwise agreed in writing with the Planning Authority. Reason: In the interests of road safety. 17.That prior to the commencement of works, details of the charging points for electrical cars, shall be submitted for the written approval of the Council as Planning Authority. Prior to the completion of the development the approved charging points shall be installed, available for use and thereafter maintained and replaced where necessary to the satisfaction of the Council. 82
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Reason: To ensure facilities for recharging electrical cars are available for the use of the residents. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact upon amenity and complies with Policies 1, 2, 3, 4, 14, 15 and 16 of the National Planning Framework 4 and with Policies 2, 3, 5, 7, 14, DM1 and NHE16 of the South Lanarkshire Local Development Plan 2 (adopted 2021). David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- Erection of 5 no. detached single storey dwellings with garages, formation of access road and associated landscaping Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 83
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Report Agenda Item Report to: Planning Committee Date of Meeting: 20 May 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0216 Proposal: Change of use of office (class 4) to dwellinghouse (class 9) (incorporating internal alterations), erection of single storey rear extension and external access alterations Site Address: 172 Maxwellton Avenue East Kilbride G74 3DX Applicant: Mrs J Hughes Agent: Sam Wilson, Wilson Paul Architects Ward: 08 East Kilbride Central North Application Type: Full Planning Permission Advert Date: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 11 85
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1. Reason for Report 1.1. This application must be presented to the Planning Committee for determination as it has received more than 5 representations objecting to the proposal, as detailed in the approved South Lanarkshire Council Scheme of Delegation. 2. Site Description 2.1. The application site is a single storey property located within the Maxwellton Conservation Area and established residential area of East Kilbride. The property is currently used as an office/training centre, with ancillary living accommodation to the rear. A residential property lies to the southwest of the site, and the rear garden is enclosed by a combination of stone walls, hedging, and mature vegetation. 3. Description of Proposed Development 3.1. Planning permission is sought for the change of use of office (class 4) to dwellinghouse (class 9) (incorporating internal alterations), erection of single storey rear extension and external access alterations. The proposed extension would project approximately 7.5 metres from the existing rear elevation at its deepest point and extend around 13.5 metres across the width of the building. 3.2. The extension is designed with a pitched roof reaching approximately 5 metres at the ridge, which remains lower than the existing ridge height. The existing metal access ramp at the front of the property will be replaced with a stone structure incorporating stone wall planters. 3.3. Initial drawings included a proposed parallel car parking space with an EV charging point located in front of the existing building. However, concerns were raised regarding the size and positioning of the car park, particularly its encroachment onto the public pedestrian footpath. As a result, the agent was advised to remove both the car parking space and EV charging point from the proposal. Revised drawings have since been submitted, omitting these elements. 4. Relevant Planning History EK/07/0456 Alterations to frontage including disabled access ramp and installation of 2 no external AC units to rear, approved 07 November 2007 P/19/0826 Change of use of property to office/training centre with ancillary living accommodation (Sui Generis) and the erection of a single storey rear extension with associated alterations, approved 31 July 2019 5. Supporting Information 5.1. Design Statement – outlining the design principles of the proposed development. 6. Consultations 6.1. None required. 7. Representations 7.1. Following the statutory period of neighbour notification, a total of 8 representations have been received (8 objections, 0 support). The issues raised are summarised as follows:- Concerns regarding the proposed off-street parallel parking, specifically the reduction in the width of the public footpath and the loss of on-street parking spaces resulting from the lowering of the kerb. Concerns over the use of a shared lane between properties at Nos. 160 and 164 to access the rear garden of the application property. 86
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Concerns about the responsibility for the safety and maintenance of an existing mature tree located at No. 168. Concerns relating to potential loss of privacy from the proposed raised decking and high-level slot windows, as well as potential noise impacts from the proposed air source heat pump located at the rear of the property. The above issues will be considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 7 - Historic assets and places Policy 14 - Design, quality and place Policy 16 - Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council assesses proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment SLLDP2 Volume 2 Policies Policy DM2 - House Extensions and Alterations Policy NHE6 - Conservation Areas 9. Guidance 9.1. None 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the change of use of office (class 4) to dwellinghouse (class 9) (incorporating internal alterations), erection of single storey rear extension and external access alterations at 12 Maxwellton Avenue, East Kilbride. The key issues to be addressed in the determination of this application includes the acceptability in principle of the proposed development, its design, siting and its impact on residential and visual amenity and the character and integrity of the Conservation Area, as well as an assessment of relevant technical matters. 87
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10.2. Principle of Development The application site is located within the identified settlement boundary of East Kilbride. As such, the proposal is required to be considered against Policy 3 of the SLLDP2 which establishes that residential developments, may be considered acceptable provided that they do not have a significant adverse impact upon the amenity and character of the area. 10.3. The change of the building to residential use is considered a positive one, given the predominantly residential nature of the surrounding area and the availability of amenities nearby. It is therefore considered that the principle of the change of use from office to dwellinghouse, along with the erection of a single-storey rear extension at 172 Maxwellton Avenue, raises no issues in the context of Policy 3 of the SLLDP2. 10.4. Layout, Siting and Design Policies 3, 5 and DM2 of the SLLDP2 collectively seek to ensure that all new proposals are appropriately designed and scaled, with no adverse impact on amenity, all proposals require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and the environment. Policy 14 of NPF4 relates to liveable places, it sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of successful places. Policy 16 of NPF4 advises that householder development proposals will be supported where they:- i. Do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design, and materials; and ii. Do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. 10.5. The application site benefits from a rear garden of adequate size to comfortably accommodate the proposed single-storey extension. As such, sufficient space will remain thereby ensuring that no overdevelopment or overbearing occurs. The existing building is of a neutral design, featuring a slate roof and rendered walls. The proposed external materials are intended to complement the surrounding buildings while introducing contemporary detailing that is compatible with the existing structure. As such, it is considered that the design, position, materials and scale of the proposed extension is sympathetic to the existing house and its surroundings. 10.6. The proposed extension’s potential impact in terms of overshadowing was a consideration during the assessment. Due to the position of neighbouring dwellinghouses in relation to the sun’s path, it is considered that there will not be a significant or unacceptable level of overshadowing or loss of sunlight that would justify refusal of the application. Reference was also made to potential overlooking from the high-level slot window on the southwest elevation, however, the applicant has subsequently raised the cill height of this window to 1800mm above internal floor level to resolve any issues. It is noted that the proposed decking may affect privacy on the southwestern side, where the decking level rises to approximately 600mm due to the site’s topography. To mitigate any potential loss of privacy, a condition for planting along the southwestern boundary has been attached. Overall, it is considered that the proposal will not result in any significant adverse overshadowing or overlooking upon adjacent properties and any increase would be of a negligible amount. 88
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10.7. Other issues The application site is located within a conservation area where Policy 7 of NPF4 and Policy NHE6 of SLLDP2 are directly applicable. 10.8. The only element of the proposal that alters the front elevation of the existing building is the replacement of the existing metal access ramp with a ramp constructed in natural stone, incorporating planters. This is considered a minor alteration that represents an overall improvement to the area and the streetscape. The proposed single-storey extension is located to the rear of the property, with a pitched roof ridge set below the height of the existing roof. As such, it will have no impact on the streetscape or the integrity of the Conservation Area. 10.9. As the parallel parking space and EV charging point in front of the building are no longer part of the proposal, concerns relating to the reduction in the width of the public footpath and the loss of on-street parking spaces resulting from the lowering of the kerb are not directly relevant to the current application. Similarly, issues raised regarding potential noise impacts from the proposed air source heat pump are noted, however, air source heat pumps installed to the appropriate standards are generally considered acceptable in residential areas and should not result in unacceptable noise levels. Matters relating to legal rights of access along the shared lane and responsibility for the maintenance or safety of trees are not material planning considerations and are regarded as civil matters to be resolved between the relevant parties. A condition is recommended regarding the finalised bin servicing arrangements. 10.10.Conclusion In summary, following a detailed assessment of this proposal, it is concluded that the proposed external alterations and the erection of rear single storey extension would not have a significant impact on the residential or visual amenity of the surrounding area, and the character and integrity of the conservation area. The proposal complies with the relevant policies of the development plan, and there are no material considerations that would justify refusal of consent. Therefore, the application is recommended for approval. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant Full Planning Permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. Details of a scheme of tree/shrub planting along the southwestern boundary of the site shall be submitted to the Council as Planning Authority for approval prior to development commencing on site. Reason: In the interests of amenity and in order to retain effective planning control. 89
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03. Details of the proposed refuse and recycling storage arrangements and information about how any storage will be serviced shall be submitted to, and approved in writing by, the planning authority prior to the commencement of works on site. The approved arrangements shall be in place prior to the occupation of the dwellinghouse. Reason: In the interests of residential amenity. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact on amenity, public safety, the local environment or upon the function of the local centre and the character and integrity of the Conservation Area, and complies with the provisions of Policies 1, 2, 7, 14 and 16 of National Planning Framework 4 (2023), and Policies 2, 3, 5, 14, DM2 and NHE6 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 12 May 2025 Background Papers Further information relating to the application can be found online:- P/25/0216 | Change of use of office (class 4) to dwellinghouse (class 9) (incorporating internal alterations), erection of single storey rear extension and external access alterations | 172 Maxwellton Avenue East Kilbride G74 3DX (southlanarkshire.gov.uk) Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- E-mail: planning@southlanarkshire.gov.uk 90
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