Agenda Document Pack - Planning Committee - 17/06/2025
South Lanarkshire Council · 17 June 2025
Back to Planning Committee — 17 June 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, 09 June 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, 17 June 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 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 20 May 2025 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Application P/24/1246 for Erection of 152 Dwellings with Associated Infrastructure Works and Landscaping at Land 235 Metres Southeast of Whiteshawgate Cottage, Whiteshawgate Highway, Strathaven Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 28 4 Application P/24/1527 for Erection of 28 Flats (4 Blocks - 3-Storey to the Front and 2-Storey to the Rear of Site) with Associated Access Road, Parking, Bike and Bin Enclosures, Landscaping and Demolition of Double Garage at Vacant Land at Ladyacre Road, Lanark Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 29 - 44 5 Application P/24/1526 for Demolition of Double Garage at Vacant Land at Ladyacre Road, Lanark Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 45 - 50 6 Application P/24/1545 for Erection of House at Eastford, B7016 from Forth A706 to Carnwath A70, Forth, Lanark Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 51 - 58 7 Application P/25/0044 for Construction and Operation of Battery Energy Storage System (BESS) with Associated Infrastructure and Access Points (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land at Red Moss, B7078, Crawfordjohn, Biggar Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 59 - 72 8 Application P/25/0087 for Subdivision of Garden Ground, Demolition of Detached Garage and Car Port and Erection of Dwelling with Associated Works at Trickle Trout, Highflatt Road, Carmunnock Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 73 - 80 9 Application P/25/0164 for Erection of House and Associated Infrastructure at Tinto View Road, Ashgill, Larkhall Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 81 - 88 2
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10 Application P/25/0274 for Construction and Operation of Battery Energy Storage System (BESS) with Associated Infrastructure and Access Point (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land 1.7km South of Millbank, A70 to Abington Interchange A702, Douglas Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 89 - 100 11 Application P/24/1492 for Erection of House for Retiring Farm Worker at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 101 - 108 12 Application P/25/0333 for Erection of Horse Training Centre for Proposed Equine Business Operation at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven Report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 109 - 114 Urgent Business 13 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 20 May 2025 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Archie Buchanan, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, 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 David Shearer, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Martin Lennon, Councillor John Ross, Councillor Graham Scott 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 Clark advised that, as he had not attended the meeting on 1 April 2025, when application P/24/0533 (item 5 on this agenda) had been deferred, he would not participate in the determination of the application. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 1 April 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. Councillors Buchanan, Johnston-Dempsey, Rae and Toner left the meeting during this item of business due to technical difficulties 3 Planning Appeal Decisions - October 2024 to March 2025 A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on the planning application appeal decisions issued by the Scottish Government’s Planning and Environmental Appeals Division during the period 1 October 2024 to 31 March 2025. 2 5
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The Committee decided: that the decisions issued by the Scottish Government’s Planning and Environmental Appeals Division in relation to South Lanarkshire Council, during the period 1 October 2024 to 31 March 2025, be noted. 4 Placemaking in South Lanarkshire A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on the preparation of the Placemaking in South Lanarkshire Guide. Placemaking involved the process of creating good quality places that promoted health, happiness and wellbeing. It concerned the environment in which we lived, the people that inhabited those spaces; and the quality of life that came from the interaction of people and their surroundings. Placemaking was a collaborative approach that involved the design and development of places over time, with people and communities central to the process. Work had started on the Council’s next local development plan (South Lanarkshire Local Development Plan 3) which would have a place-based focus and would provide expectations for the design and quality of new development, taking account of local context and celebrating the individual identity of the Council’s settlements and communities. Consequently, a fresh approach to placemaking was required and, as a starting point, the Placemaking in South Lanarkshire Guide, attached as Appendix 1 to the report, had been developed. The Guide included ideas and suggestions on how to create places that would inspire, sustain and welcome everyone who lived in South Lanarkshire and had the ambition of ensuring residents had a place to live that would meet their daily needs within strong communities that were inclusive and vibrant. The Guide would be published on the Council’s website and, whilst it would not have a formal status, it would provide a reference point to inform proposals that would have an impact on place and the built environment. The Committee decided: that the content of the Placemaking in South Lanarkshire Guide, attached as Appendix 1 to the report, be noted. Councillors Rae and Toner re-joined the meeting during consideration of the above item of business 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 12 May 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. At its meeting on 1 April 2025, the Committee deferred consideration of the application to a future meeting. 6
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Following a discussion on the application, 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 refused on the grounds that the proposed development would lead to further traffic congestion. On a vote being taken using the electronic voting system, 8 members voted for the amendment and 10 for the motion 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 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 be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 1 April 2025 (Paragraph 5)] Councillor Clark withdrew from the meeting during this item as he had not attended the meeting, held on 1 April 2025, when consideration of the planning application had been deferred Councillor Johnston-Dempsey re-joined the meeting during consideration of the above item of business and was, therefore, unable to participate in the vote 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 A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1300 by Carnbroe Estates Limited for the erection of 2 houses, formation of 2 new vehicular accesses and associated works at land at Stoneside of Dripps Farm, Cartside Highway, Thorntonhall. The Committee decided: that planning application P/24/1300 by Carnbroe Estates Limited for the erection of 2 houses, formation of 2 new vehicular accesses and associated works at land at Stoneside of Dripps Farm, Cartside Highway, Thorntonhall be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1481 by A Lennox Homes for the erection of 2 single storey houses, formation of driveways and associated works at land 56 metres northeast of Garngour Cottages, Garngour Road, Lesmahagow. 7
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The Committee decided: that planning application P/24/1481 by A Lennox Homes for the erection of 2 single storey houses, formation of driveways and associated works at land 56 metres northeast of Garngour Cottages, Garngour Road, Lesmahagow be refused for the reasons detailed in the Executive Director’s report. 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 The Chair advised that this application had been withdrawn at the request of the applicant. The Committee decided: to note the position. 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 A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0061 by AE Associates for the development of a 150 megawatt battery energy storage system with associated infrastructure, inclusive of the reinstatement of access points at land at Downiebrae Road, Rutherglen. The proposal had been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it had an electricity generating capacity of over 50 megawatts (MW). As a result, the Council was a consultee to the application and not the consenting authority. The application was considered unacceptable on the basis that the proposed development was contrary to:- Policies 8 and ICD1 of the South Lanarkshire Local Development Plan 2 as it would not:- support the strategic role and function of the Clyde Gateway (Shawfield) Strategic Economic Investment Location (SEIL) create new class 4/5/6 employment opportunities or involve a strategic office development provide essential ancillary services or services for businesses within the SEIL Policy 11 of the National Planning Framework 4 as it failed to maximise net economic impact, including local and community socio-economic benefits such as employment, associated business and supply chain opportunities Under the terms of the Electricity Act 1989, when a Planning Authority objected to an application, a public enquiry was required to be held unless Scottish Ministers proposed to grant the application subject to modifications or conditions that addressed the Planning Authority’s objections. In the event that a public enquiry was required to be held, a further report would be submitted to Committee providing members the opportunity to confirm their objections to the proposed development. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. 8
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The Committee decided: that the Scottish Government be advised that the Council had objections to planning application P/25/0061 by AE Associates for the development of a 150 megawatt battery energy storage system with associated infrastructure, inclusive of the reinstatement of access points at land at Downiebrae Road, Rutherglen for the reasons outlined above and detailed in the Executive Director’s report. 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 A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0067 by Zoom Developments for the 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. The Committee decided: that planning application P/25/0067 by Zoom Developments for the 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 be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 12 May 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0216 by J Hughes for the change of use of an office (Class 4) to a house (Class 9) (incorporating internal alterations), the erection of a single storey rear extension and external access alterations at 172 Maxwellton Avenue, East Kilbride. The Committee decided: that planning application P/25/0216 by J Hughes for the change of use of an office (Class 4) to a house (Class 9) (incorporating internal alterations), the erection of a single storey rear extension and external access alterations at 172 Maxwellton Avenue, East Kilbride be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of the East Kilbride Area Committee of 7 November 2007 (Paragraph 3)] 12 Urgent Business There were no items of urgent business. 9
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1246 Proposal: Erection of 152 dwellings with associated infrastructure works and landscaping Site Address: Land 235M Southeast of Whiteshawgate Cottage Whiteshawgate Highway Strathaven Applicant: Bancon Homes and Paterson Partners Burnett House Burn O'Bennie Road Banchory AB31 5ZU Agent: N/A Ward: 05 Avondale and Stonehouse Application Type: Detailed Planning Permission Advert Date: East Kilbride News – 06 November 2024 and 30 April 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant (Subject to conditions and the conclusion of a Section 75 legal agreement) Legal Agreement: Yes Direction to Scottish Ministers N/A 3 11
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 4B(17) of the adopted Scheme of Delegation 2024 as it constitutes a major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site, known as the East Overton extension area, extends to approximately 9.67 hectares and is located to the northeast of Strathaven. The site is bound to the north and east by structural planting. Whiteshawgate Road is located to the sites north-western boundary and to the west is an old railway line and embankment beyond which are residential properties. To the south are the various phases of the East Overton Masterplan site, the most recent of which are still under construction by Bancon Homes. The current application site is designated as the East Overton Strathaven Extension Residential Masterplan site in SLLDP2. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of 152 dwellings with associated infrastructure works and landscaping. The development would comprise a mix of three to five-bedroom properties including detached and semi-detached properties. It would incorporate 114 private houses and 38 affordable houses. The density would be approximately 15.7 dwellings to the hectare which is comparable to the adjoining developments at the wider East Overton site. 3.2. Access to and from the site would be provided via the existing roundabout on Glassford Road which was previously designed to accommodate the 480 units initially anticipated to be delivered within the initial phases. An emergency and cycle access would be provided to the north at Whiteshawgate. Pedestrian and cycle links to paths would also be provided to ensure a high level of connectivity throughout the site. The proposals include specific areas of open space for residents within the development. 3.3. The proposed materials would be a combination of dry dash render with concrete roof tiles with the introduction of stone and cladding on the front elevation to take cognisance of the surrounding area. Parking levels would vary depending upon the size of dwelling with the majority of car parking located to the front of the houses, albeit detached garages are provided in certain locations. Passive provision for electric vehicle charging is included in the proposals. 3.4. It should be noted that during the application process and following discussions with the Planning Service, the original layout was amended to incorporate on site provision of affordable housing. This resulted in an increase in the number of houses from 131 to 152, incorporating 114 private houses and 38 affordable houses. An additional notification exercise was subsequently undertaken for this materially amended proposal involving notification of neighbours, a new press advert and reconsultation of the consultees. 4. Relevant Planning History 4.1. The application site has no planning application history, however, the land to the south has an extensive planning history as detailed below:- EK/12/0003 - Planning permission in principle (PPP) was granted in December 2014 for a Residential master plan, leisure, employment and vehicular access from Glassford Road. 12
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EK/14/0392 - An application for Matters Specified in Conditions for 138 dwellinghouses with associated roundabout access, infrastructure, SUDs and landscaping (Matters Specified in Conditions Application relating to EK/12/0003) was approved in March 2015. P/20/0523 - An application for Matters Specified in Conditions for Residential development and associated roads, footpaths, open space and landscaping (37 units) (Approval of matters specified in conditions 1 a-i; 6; 24; 28; 29; 30 of planning permission in principle EK/12/0003) was approved in September 2020. P/21/1391 - Detailed consent was granted in December 2021 for a Residential development comprising 105 dwellings, MUGA, landscaping and associated infrastructure. P/22/0056 - A Section 42 application for variation of condition 8 of planning permission reference P/21/1391 to enable up to 15 dwellinghouses to be occupied prior to the agreed road upgrade scheme being implemented in full was approved in April 2022. This is the operational consent for the site. P/24/1379 - Residential development comprising 105 dwellings, MUGA, landscaping and associated infrastructure (Section 42 application to vary condition 15 of P/22/0056 to facilitate alterations to the approved landscaping scheme) was approved in April 2025. 5. Supporting Information 5.1. The agent has submitted the following information to support the application:- Supporting Statement Design and Access Statement Transport Statement April 2025 Residential Masterplan Flood Risk Assessment Tree Survey Water Efficiency and Low and Zero Carbon Statement Biodiversity Statement Travel Plan Pre-Application Consultation Report Drainage Assessment Ecology Appraisal Biodiversity Statement Construction Management Plan 6. Consultations 6.1. Community Services – have no objection, however, they have confirmed that the Council would not adopt any open spaces/play areas for future maintenance and, as such, consideration of a factoring arrangement or similar would be required. Within the vicinity of the proposal there are a number of community assets in need of investment. Rather than seeking additional onsite provision a financial contribution towards investment in these local existing assets should be obtained. Response: The applicant has provided written confirmation that they would be prepared to pay the required financial contribution towards investment in local community assets and infrastructure which would be secured through the Section 75 legal agreement. 13
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6.2. Education Resources - have no objections to the application subject to the applicant agreeing to a financial contribution towards educational accommodation to address requirements in nursery and secondary accommodation. Response: The applicant has provided written confirmation that they would be prepared to pay a contribution towards educational accommodation which would be secured through the Section 75 legal agreement. 6.3. Environmental Services – No objection subject to the imposition of planning conditions pertaining to a piling method statement and dust mitigation control and standard advisory notes relating to noise and contamination. Response: Noted. Should planning permission be approved appropriate conditions and advisory notes could be attached to any decision issued. 6.4. Housing and Technical Resources – seek onsite provision of affordable housing requirement and have no objections as long as the onsite provision is provided and is secured through a Section 75 agreement. Response: Housing and Technical Resources are in discussions with the developer to deliver the units for South Lanarkshire Council. Housing and Technical Resources will continue to liaise with the developer at the appropriate stages whilst considering the sites inclusion in the Strategic Housing Investment Plan 2026-2031. The applicant has provided written confirmation that they would provide the onsite affordable housing as detailed in their amended drawings and in accordance with South Lanarkshire Council planning policy which would be secured through the Section 75 legal agreement. Should the on-site delivery of the affordable homes not proceed as envisaged, the Section 75 would also contain a cascade of measures to secure alternative provision in line with Council policy. 6.5. Roads, Transportation and Fleet Services (Development Management) – No objection subject to the imposition of planning conditions and road improvement works being undertaken to the adjacent adopted road network to regulate traffic flow. Response: The applicant has provided written confirmation that they would be prepared to undertake the required road improvement works which would be secured through the Section 75 legal agreement. 6.6. Roads Flood Risk Management – No response to date. Response: Noted. Should planning permission be approved, appropriate conditions could be attached to any decision issued pertaining to sustainable drainage design details. 6.7. Scottish Power – No objection in principle, however, it should be noted that SP Distribution plc has high voltage (HV) and low voltage (LV) underground cable within the vicinity of the proposals. Response: Noted. 6.8. Scottish Water – No objection. Response: Noted. 6.9. Strathclyde Partnership for Transport (SPT) - A condition should be attached to any consent requiring the provision of travel information packs, covering public transport and active travel options, for each dwelling, prior to occupation. Response: Noted. 14
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6.10. West of Scotland Archaeology Service (WOSAS) – No objection subject to the imposition of a planning condition in relation to the implementation of a programme of archaeological works in accordance with a written scheme of investigation. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 111 letters of representation have been received (110 objection and 1 support). The issues raised are summarised as follows:- Road/pedestrian safety issues caused by increased traffic and lack of parking provision. Traffic flows will impact on all the residential streets between the site and the roundabout. Insufficient transport links and inadequate public transport. Insufficient existing infrastructure and no amenities provided. Overlooking/loss of privacy of existing residents. Disturbance to residents during construction/duration of ongoing and proposed development. Noise, dust, pollution and odours from new dwellings. Houses are unaffordable. Overdevelopment of site in the context of the scale of new development compared to Strathaven is unsustainable. Impacts upon drainage, flooding and waste infrastructure. Loss of Green Belt/wildlife habitats, ecosystems, landscape character. Proposals do not comply with the Development Plan. Adverse impact on Strathaven’s character, cultural and historic assets, conservation area and listed buildings resulting in loss of tourism. Consultation process has been minimal and non-inclusive. Exacerbates existing anti-social behaviour and impacts upon security of existing residents. Impacts upon health and wellbeing of community. The existing development has been a success with nice walks and playparks. 7.2. The above issues are considered in the assessment below. These 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 14 - Design, quality and place Policy 15 - Local living and 20-minute neighbourhoods Policy 16 - Quality homes Policy 22 - Flood Risk and Water Management 15
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8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) The application site and associated proposals are affected by the following policies contained in the 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 7 – Community Infrastructure Policy 12 - Affordable Housing Policy 13 – Green Network and Greenspace Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy SDCC2 – Flood Risk Policy SDCC3 – Sustainable Drainage Systems Policy SDCC4 – Sustainable Transport Policy DM1 – New Development Design 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. The policies contained within National Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2 (SLLDP2) are the main considerations in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development The application site is located within the settlement boundary and is allocated in the SLLDP2 as the East Overton Strathaven Extension residential masterplan site. As such, subject to detailed layout and design considerations, the principle of residential development at this site is considered acceptable. 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. The proposed dwellinghouses incorporate measures to improve the sustainability of the development and mitigate against climate change by being compliant with Building Regulations, thus ensuring that the dwellings are energy efficient and take cognisance of the climate emergency. It is therefore considered that the proposal is generally consistent with Policy 1 and Policy 2 of the NPF4. 10.4. NPF4 Policy 3 - Biodiversity aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. In this regard, linear landscaped parks are proposed to the south and north of the site which retain areas of hedgerow and provide ecological connectivity through the site. Similarly, the area of tree planting to the eastern boundary will be retained with a path provided. Further planting is to be provided to supplement these areas and create 16
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green infrastructure with ecological connectivity through the site and linked to the surrounding habitats. 10.5. The SUDs within the site will be sown with a wetland meadow mix to provide a diverse grassland sward in this area. Other grassland areas will be sown with a mixed amenity wildflower mix to provide for pollinators and bat boxes, butterfly banks, insect hotels and stone piles for amphibians and reptiles are all proposed to enhance the site for fauna. On balance, the proposal is considered to be compliant with the requirements of Policy 3 of NPF4. 10.6. Layout, Siting and Design NPF4 Policy 14 - Design, Quality and Place aims to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. It sets out six qualities of successful places. Policy 5 – Development Management and Placemaking of SLLDP2 advises that to ensure development takes account of the principles of sustainable development, 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. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.7. The proposal is for 152 dwellings (private and affordable housing) which includes a variety of house types finished in modern materials. It is noted that the application site is located at the north/east corner of Strathaven and immediately to the south of the site there are a number of modern dwellinghouses both built and currently being built as a result of the earlier phases. The current proposed mix of house sizes, the external materials and development layout are generally considered to be acceptable and would not have a detrimental impact on the character of Strathaven or any associated tourism. It is also noted that WOSAS have no objection as detailed previously. 10.8. There is a mixture of house types across the proposal. Each property has a suitable provision of garden ground and there is a significant level of open space provision – both formal and informal that will be communal to the wider development. Given the proposed layout and the distances/juxtaposition to neighbouring properties it is considered that, on balance, the proposed dwellinghouses would have no significant adverse impact in respect of overshadowing, privacy or daylight that would justify a refusal of the application. Whilst it is accepted there would be a level of disturbance during the construction period, this in itself is not sufficient justification for refusal of a planning application. The proposal is therefore considered to comply with Policies 5 and DM1 of SLLDP2. 10.9. NPF4 Policy 15 Local Living and 20 Minute Neighbourhoods aims to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods. As set out above, the proposed residential development is located within a reasonable distance of existing community and retail facilities in Strathaven, with public transport provided with bus services in the wider area. The proposal is therefore considered to be consistent with Policy 15 of the NPF4. 10.10. NPF4 Policy 16 Quality Homes aims to encourage, promote, and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meets the diverse housing needs of people and communities. It states that development proposals for new homes on land allocated for housing in LDPs will be supported. As set out above, the site is located within the existing settlement within a residential masterplan site. The proposed development is 17
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of a high-quality design and materials and forms part of a wider development which provides a range of housing sizes. The proposal is therefore considered to be consistent with NPF4 Policy 16. 10.11. SLLDP2 Policy 7 - Community Infrastructure Assessment advises that a financial contribution from the developer will be sought where it is considered that a development requires capital or other works or facilities to enable the development to proceed. Following an assessment of the proposals, it is considered that contributions would be required in terms of the impact on educational and community facilities. This would be achieved through the completion of a Section 75 legal agreement. 10.12. The Council also requires new development to contribute to meeting affordable housing needs across South Lanarkshire. SLLDP2 Policy 12 - Affordable Housing and Housing Choice is applicable. The applicant has provided written confirmation that they would provide the on-site affordable housing as detailed in their amended drawings and in accordance with South Lanarkshire Council planning policy which would be secured through legal agreement. The Section 75 would contain a cascade of measures should the on-site delivery of the affordable homes not proceed as envisaged. 10.13. A summary Heads of Terms for the legal agreement is set out as an Addendum to this report and while the completion of this process will follow the decision of the Committee, this ensures that the proposal complies with Policies 7 and 12 of SLLDP2. In addition, as required by Policy 18 of NPF4, the impact of the proposal can be positively mitigated through developer obligations in relation to community infrastructure. 10.14. Policy 13 – Green Network and Greenspace of SLLDP2 states that development proposals should safeguard the local green network, identified on the proposals map, and identify opportunities for enhancement and/or extension which can contribute towards placemaking, mitigating greenhouse gases, supporting biodiversity, enhancing health and quality of life, providing water management including flood storage, and buffer strips, providing areas for leisure activity, and promoting active travel. As detailed above, the proposed development would retain areas of hedgerow/tree planting and further planting would be provided to supplement this and create green infrastructure with ecological connectivity through the site and linked to the surrounding habitat. The SUDs and other grassland areas on the site will be sown with mixes designed to increase biodiversity and encourage pollinators within the site. 10.15. In terms of direct features to encourage fauna, 16 bat boxes would be provided on site along with 13 bird boxes and the inclusion of these features will help these species by increasing roosting and sheltering resource within the built environment and allow continued movement through the developed space, between and via the surrounding green infrastructure. The creation of stone piles will provide refugia/hibernacula to common amphibians and reptiles. Butterfly banks and insect hotels will further enhance the site for invertebrates. 10.16. Generally, it is considered that the design and layout of the residential development would assist in increasing the sense of place in the immediate area. Any consent granted would be conditioned to ensure the submission of a landscaping scheme for the Council’s further approval which could incorporate the use of native species or those with known benefits to biodiversity to ensure continued opportunities for biodiversity and leisure within the site and the surrounding area. Given all of the above, it is considered that the proposal generally meets the aims of Policy 13 of SLLDP2. 18
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10.17. Technical Matters NPF4 Policy 22 aims to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. The proposal includes the provision of a sustainable drainage system and the applicant has submitted a Drainage Strategy. Planning conditions to secure these details and to ensure that the proposed development would have a sustainable drainage system are recommended. Taking the above into account, it is considered that the proposal is acceptable with regard to the requirements of Policy 22 of NPF4. 10.18. SLLDP2 Policy 16 – Water Environment and Flooding is also relevant and advises any development that has an unacceptable impact on the water environment will not be permitted. In determining proposals, consideration shall be given to water levels, flows, quality, features, flood risk and biodiversity within the water environment. Policies SDCC2 – Flood Risk and SDCC3 – Sustainable Drainage Systems also expand on this. The site is not at risk of flooding from existing watercourses, however, as detailed above, a drainage assessment has been submitted by the applicant and the imposition of planning conditions should ensure that any risk of surface water flooding is suitably mitigated via an appropriately designed sustainable drainage system. Scottish Water have been consulted as part of the application and raised no objection. As such, it is considered that the proposal is acceptable with regard to the requirements of Policies 16, SDCC2 and SDCC3 of the SLLDP2. 10.19. SLLDP2 Policy 15 - Travel and Transport requires all new development proposals to consider the resulting impacts of traffic growth. Following the increase in the proposal from 131 to 152 dwellings, an updated transport statement was submitted and the impact of the proposal on the local road network and in terms of parking provision has been fully assessed by Roads, Transportation and Fleet Services who have offered no objections, subject to conditions and alterations to the adjacent adopted road network to direct traffic flows along appropriate routes. The road improvement works would be secured through the Section 75 legal agreement and the applicant has provided a written undertaking to enter into an agreement on that basis. The proposal can therefore be considered to comply with Policy 15 of the adopted SLLDP2. 10.20. Local Development Plan Policy SDCC4 and NPF4 Policy 13 - Sustainable Transport aim to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport or everyday travel and reduce the need to travel unsustainably. As a new residential development, adequate car parking must be provided per dwelling, however, each property will include EV charging. The site is within the proximity of existing bus stops and there are pedestrian links throughout the site into the wider settlement. The proposal therefore complies with Policy 13 of NPF4 and Policy SDCC4 of SLLDP2. 10.21. The impact of the development on adjacent properties in terms of noise, dust, pollution, odours and damage/stability have been raised in objection. The Council’s Environmental Services have been consulted and have raised no concerns in respect of these particular matters subject to the imposition of planning conditions pertaining to a piling method statement and dust mitigation control and standard advisory notes relating to noise and contamination. 10.22. Developer Contributions / Community Infrastructure This application has been determined in line with the SLLDP2 Supporting Planning Guidance (SPG) in relation to Community Infrastructure Assessment. This ensures the Planning Authority’s request for infrastructure contributions is in line with the ‘Scottish Government’s Circular 3/2012: Planning Obligations and Good Neighbour Agreements’. This SPG requires the Council to ensure that developers provide the 19
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appropriate infrastructure for development and in this instance, subject to the conclusion of a formal legal agreement the developers will, if they choose to proceed with the development, provide financial contributions for educational infrastructure, affordable housing and community facilities. 10.23. If the Planning Committee is minded to approve this application, the decision notice should be withheld until a Planning Obligation in respect of a financial contribution for the matters set out in the Addendum to this report has been agreed. All reasonable legal costs incurred by the Council in association with the above Section 75 Obligation shall be borne by the developers. Details of the obligations are included in the attached addendum. 10.24. In accordance with agreed procedure, should there be no significant progress, on behalf of the applicant, towards the conclusion of the Planning Obligation within 6 months of the date of the Committee, the proposed development may be refused on the basis that, without the planning control/developer contribution which would be secured by the Planning Obligation, the proposed development would be unacceptable. 10.25. In conclusion, it is noted that the site is specifically allocated in the Development Plan for residential development and that it is considered that the detailed design and layout of the proposal should not result in adverse amenity, environmental or safety impacts that would merit refusal of the application. It is considered that the proposed development is in compliance with the provisions of the relevant policies of both the adopted South Lanarkshire Local Development Plan 2 and National Planning Framework 4 and is therefore considered appropriate for planning permission to be granted for the proposal subject to the attached conditions and the successful conclusion of a Section 75 legal agreement. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant Full Planning Permission subject to the following conditions and a Section 75 Legal Agreement:- 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. No works in connection with the development approved shall commence until a Phasing Plan is submitted to, and approved in writing by, the Planning Authority. The Phasing plan shall detail the timescales of construction for each part of the site and setting out what specific phases of residential development and associated landscaping/open space will be completed at the same time. Thereafter, all work shall be carried out in accordance with the approved phasing plan. Reason: In the interests of residential amenity and to ensure that appropriate planning control is retained. 03. No works in connection with the development hereby approved shall commence unless a scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. 20
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Details of the scheme shall include:- a) Existing landscape features and vegetation to be retained. b) Protection measures for the landscape features to be retained. c) Existing and proposed finished levels. d) A Biodiversity Enhancement Plan (BEP) demonstrating how the proposal will contribute to conservation/restoration/enhancement of biodiversity, and how these benefits will be maintained for the lifetime of the development. The BEP should incorporate the measures identified on Drawing No. BH257-BHL-ZZ-ZZ- DR-A-P(00)007 – Site Layout Ecological Measures Rev P02 received 23rd May 2025 and detail how these measures will be installed/constructed. e) The location of new trees, shrubs, hedges, grassed areas and water features and soft landscaping. f) A schedule of planting to comprise species, plant sizes and proposed numbers and density. g) The location, design and materials of all hard landscaping works including walls, fences, gates, bollards street furniture, exercise infrastructure and play features. h) An indication of existing trees, shrubs and hedges to be removed. i) A programme for the implementation, completion and subsequent management of both the proposed landscaping and any trees and vegetation to be retained. All soft and hard landscaping proposals shall be carried out in accordance with the approved planting scheme and management programme. Any planting which within a period of 5-years from the completion of the development is, in the opinion of the Planning Authority, dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted. Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area. 04. No works shall commence on site until a scheme for the protection of paths has been submitted to and approved in writing by the Planning Authority. This shall include proposals for the continuing care, maintenance and protection of all existing and proposed footpaths as shown within the application site on the approved plans, including details of surfacing and external lighting as appropriate. Reason: To ensure that adequate and safe pedestrian access is available to serve the development and surrounding area. 05. That before any of the dwellinghouses on site are occupied, any fence, wall or other means of enclosure identified in the approved scheme of landscaping works required by Condition 03 shall be erected as per that scheme and to the satisfaction of the Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 06 The development hereby approved shall be carried out in strict accordance with the Biodiversity Enhancement Plan approved under Condition 03 above. Reason: In the interests of protecting the biodiversity of the environment. 21
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07. That no development shall take place until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 08. Prior to commencement of the development hereby approved, details of measures to facilitate the provision of full fibre broadband to serve the development, including details of appropriate digital infrastructure and a timescale for implementation, shall be submitted to and approved in writing by the Council as Planning Authority, unless otherwise agreed in writing with the applicant. The approved measures shall thereafter be carried out in accordance with the agreed implementation timescale. Reason: To ensure the provision of digital infrastructure to serve the development. 09. That no piling works shall be carried out until a method statement has been submitted to and approved in writing by the Planning Authority. This statement shall include an assessment of the impact of the piling on surrounding properties, taking into account the guidance contained in BS 6472: 1992 ‘Evaluation of human exposure to vibration in buildings’. It shall detail any procedures which are proposed to minimise the impact of noise and vibration on the occupants of surrounding properties. This statement shall be prepared by a suitably qualified person, and the piling works shall thereafter be carried out in accordance with the approved method statement. Reason: To minimise the risk of nuisance to nearby occupants and to define the consent. 10. That prior to development commencing on site, a scheme for the control and mitigation of dust shall be submitted to and approved in writing by the Council as Planning Authority. No changes to the approved scheme shall take place unless agreed in writing by the Council as Planning Authority. The scheme shall thereafter be implemented in accordance with a programme to be agreed in writing with the Council as Planning Authority. Reason: To minimise the risk of nuisance from dust to nearby occupants. 11. That no development shall commence on site until the applicant provides written confirmation from Scottish Water to the Council as Planning Authority that the site can be satisfactorily served by a sewerage scheme designed in accordance with Scottish Water's standards. Reason: To ensure the provision of a satisfactory sewerage system. 12. That no development shall commence until details of surface water drainage arrangements (including provision of a flood risk assessment, drainage assessment and maintenance responsibilities) 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 Sustainable Drainage Design Criteria and requirements (Appendices C, D and E). 22
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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. 13. That none of the dwellinghouses hereby approved shall be occupied until surface water drainage works for that phase of development, as identified in Condition 02 have been completed in accordance with the details approved under the terms of Condition 12 above. 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. 14. That, unless otherwise agreed in writing with the Council as Planning Authority, provision shall be made for electrical charging points within the development for motor vehicles and mobility scooters. Prior to any works commencing on site, details of the proposed arrangements shall be submitted, and agreed in writing with the Council as Planning Authority. Thereafter the scheme shall be implemented and maintained to the satisfaction of the Council as Planning Authority. Reason: To ensure the provision of appropriate facilities on site. 15. A Traffic Management Plan (TMP), that includes details of the traffic routes of construction vehicles, site compound, shows where all vehicles and deliveries will be located, on-site parking and wheel washing facilities/road cleaning systems. The TMP should restrict all site work (including vehicle movements) from operating within the school opening and closing times, unless otherwise agreed. No work shall commence until the TMP has been approved in writing by the Council as Planning Authority. Reason: In the interests of road and public safety. 16. That before the development hereby approved is completed or brought into use, pedestrian drop kerbs are required where any remote footpaths join the footway. Reason: In the interests of public safety. 17. That before the development hereby approved is completed or brought into use, for a property with 4 bedrooms or more a minimum of 3 off street parking spaces shall be provided. Each parking space should be 3m x 6m, constructed to the specification of the Council as Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 18. That before the relevant phase of the development hereby approved is completed or brought into use, a visibility splay of 2 metres by 43 metres where the emergency access meets the public road shall be provided and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of public safety. 23
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19. That before each phase of the development hereby approved is completed or brought into use, all traffic calming should be in accordance with the National Roads Development Guide. No vertical measures are permitted within a shared surface. Reason: In the interests of public safety. 20. That before any of the dwellinghouses hereby approved are occupied, the surface of the first 2m of the associated driveway shall be so trapped and finished in hardstanding as to prevent any surface water or deleterious material from running onto or entering the road. Reason: In the interests of traffic safety and to prevent deleterious material entering the road. 21. That no driveways in the development hereby approved shall have a gradient in excess of 1:10. Reason: In the interests of traffic and public safety. 22. That before each phase of the development hereby approved is completed or brought into use, no part of the proposed adoptable carriageway or footway shall be in retention by either a slope with a gradient greater than 1 in 2 or a structure. Reason: In the interests of traffic and public safety. 23. No works shall commence until details of recycling storage areas and bins are submitted to and approved in writing by the Planning Authority. None of the dwellinghouses hereby approved shall be occupied unless the recycling storage area[s] and bins have been provided in accordance with the approved details. Reason: To ensure that suitable provision is made for the storage of recycling. 24. Before works start on site, all grit bin locations should be identified on the plans. A hard standing area a minimum of 2m from the edge of the carriageway shall be provided and should be constructed as per the footway construction and be a minimum of 1m x 1.5m. Where the carriageway is constructed as a shared surface the hard standing should be located within the service strip and be a minimum of 2m x 1.5m. These should be located no more than 100m apart. Reason: In the interests of traffic and public safety. 25. The distribution of house types approved under this permission for 152 dwellings is as shown on Drawing BH257-BHL-ZZ-ZZ-DR-A-P(00)004 – Site Layout House Type Locations Revision P02 – Submitted May 2025. The Housing mix is follows:- 08 No. Thistle 10 No. Cairnfield 13 No. Argyll 11 No. Rowan 15 No. Viewfield 16 No. Larch 06 No. Rosehill 17 No. Louisville 14 No. Devonshire 04 No. Osbourne 24
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08 No. Carron 22 No. Don 08 No. Eden Reason: In the interests of retaining effective planning control. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact on amenity, public safety or the local environment and complies with the provisions of Policies 1, 2, 3, 14, 15, 16, and 22 of the National Planning Framework 4 and Policies 1, 2, 3, 5, 7, 12, 13,15, 16, SDCC2, SDCC3, SDCC4 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/24/1246 | Erection of 152 dwellings with associated infrastructure works and landscaping | Land 235M Southeast Of Whiteshawgate Cottage Strathaven ML10 6SY 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 25
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Addendum Specifying Heads of Terms in relation to an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997. Planning Application No. P/24/1246 Development Description Erection of 152 dwellings with associated infrastructure works and landscaping Site Address Land 235M Southeast of Whiteshawgate Cottage Whiteshawgate Highway Strathaven Applicant Bancon Homes Date of Committee 17 June 2025 Type of obligation Section 75 Obligations Resource Summary of Required Contributions Community Contributions towards a number of community assets in this area ranging from leisure centres, libraries, halls, outdoor recreation, and play facilities, specifically, infrastructure works at Strathaven Park, infrastructure works to increase useable space at Strathaven Leisure Centre and additional storage units at Avondale Community Centre. Education Contributions towards education requirements at the following nursery/schools:- Holy Cross High Strathaven Academy Nursery provision in the local area Housing On site affordable housing as detailed in applicant’s amended drawings and in accordance with South Lanarkshire Council planning policy. The Section 75 will contain a cascade of measures should the on-site delivery of the affordable homes not proceed as envisaged. Roads All necessary roads and transportation improvement works to Rickard Avenue required as a result of this proposal will be carried out by the developer. 27
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1527 Proposal: Erection of 28 flats (4 blocks; three storey to the front and two storey to the rear of site) with associated access road, parking, bike and bin enclosures and landscaping, demolition of double garage Site Address: Vacant Land at Ladyacre Road Lanark ML11 7LQ Applicant: DTA Agent: Zoom Developments Holdings Limited Ward: 02 Clydesdale North Application Type: Full Planning Permission Advert Type: Lanark and Carluke Gazette 15 January 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 4 29
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under the South Lanarkshire Council Scheme of Delegation as it has received more than 5 objections. 2. Site Description 2.1. The site is located within Lanark, sited partly within both the town centre and the Conservation Area. The site relates to grounds associated with St Mary’s Church and was formerly occupied in part by a Church Hall which was demolished in 2011 following a fire. 2.2. The Church and remaining grounds sit higher and include pathways and steps down into the site, albeit these have been fenced off. To the south of the site lies a petrol filling station with associated shop and car wash. There are also rear gardens of detached residential dwellings which front Hyndford Road. To the west of the site, the site is bound by a stone wall, beyond which lies the parking area for council offices. Along the eastern boundary, there is a stone wall with a gated entrance which separates the site from existing pavement and nearby road junction. 2.3. The site itself can be described in two parts, the front part and the rear part. The front part is rectangular in shape and fronts Ladyacre Road. This area currently contains the detached double garage along with grass and trees. The site boundary does not follow a natural boundary at the western edge of this part of the site, leaving an area associated with the church. The front part of the site is generally level albeit sits at a higher level to that of the petrol station to the south. 3. Description of Proposed Development 3.1. The proposal relates to the erection of 28 flats for social housing, split into four residential blocks. The detached double garage on site is earmarked for demolition and is subject to a separate Conservation Area Consent being presented to the Planning Committee under ref. P/24/1526. 3.2. Blocks 1 and 2 are situated to the front of the site facing onto Ladyacre Road. The floor plan is designed to provide 3 flats on each floor, with a core stairwell. Each block comprises 3 storeys of accommodation, totalling 9 flats per block, all of which are 2- bedroom flats. 3.3. To the rear of the site, two blocks of accommodation have been laid out in the form of two rows facing one another (Block 3 to east and Block 4 to west) with a central parking court. The blocks have the appearance of 2 storey terraced housing, but instead there is a ground floor and upper floor flat, each with a separate entrance door and garden ground to the rear. The garden areas would be shared. Each flat in these blocks are 3 bedroom and there are 10 flats across the two blocks. 3.4. The site’s vehicular and pedestrian access is proposed from Ladyacre Road, directly opposite Whitelees Road. The access point is positioned between Block 1 and 2, the bike stores are situated adjacent to the entrance door of each Block. Parking for these blocks is located to the rear along with bin storage. The access continues to the rear of the site where pedestrians could continue through to South Vennel and connect to Lanark High Street beyond. 3.5. A total of 23 parking spaces are shown, 2 of which are accessible, and include electric vehicle charging points. The plans show solar panels on the roofs of each block. The site is proposed to connect to the public drainage network and public water supply 30
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network. The application form details the provision for sustainable urban drainage; and a drainage layout shows connections to soakaways. 3.6. The landscaping arrangements include drying greens, open space, designated garden ground, an area for play equipment and planting along boundaries. 4. Relevant Planning History 4.1. A previous application was received in 2023 (reference P/23/1373) which was refused by the Planning Committee in May 2024. This current application seeks to address the previous reasons for refusal by incorporating the following changes:- Reduction in the overall number of flatted dwellings proposed from 39 to 28 Associated reduction in parking requirements The proposal to the rear has been altered to form 2 rows of two storey terraced flatted development, which face one another and private garden ground to each flatted dwelling. The design of the flatted blocks to the front of the site have been reduced in height to three storey and utilise a pitched roof design and a balcony to each flat. Access point remains the same, however, the internal arrangements have been altered to avoid paths and steps connecting to the Church. Inclusion of play area, bin stores, bike sheds, drying greens and areas of planting. Pedestrian linkage to South Vennel. 5. Supporting Information 5.1. The agent has submitted the following information to support the application:- Design Statement Stage 1 Road Safety Audit Tree Survey Report Ecological Appraisal 6. Consultations 6.1. Environmental Services – No objections, subject to conditions to consider neighbourhood noise levels, waste management and standard informatives. Response: Noted. 6.2. Roads Development Management – No objection, subject to conditions. The access has been designed to serve an internal parking court and is not suitable for adoption. Further, permit/orders will be required for the new access and relocation of 20pmh speed limit. Response: Noted. 6.3. Housing and Technical Resources – The site is identified in the Strategic Housing Investment Plan and prioritised to receive funding for social rented housing. Response: Noted. 6.4. Scottish Water – No objection, sufficient capacity for water and foul connection. Only in exceptional cases will a surface water connection be allowed. There is a combined sewer within the site. Response: Noted, the plans show surface water connection to soakaway and diversion of the sewer within the site. 6.5. West of Scotland Archaeology Service – No objection subject to a condition requiring an appropriate programme of archaeological works. Response: Noted. 31
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6.6. Historic Environment Scotland – No objection. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 35 representations have been received (25 objections, 10 support). This includes an objection from the Royal Burgh of Lanark Community Council. The issues raised are summarised as follows:- Layout/ Design Concerns Concern to the loss of unique space within the town Modern design is out of character for the surrounding area Concerns of a negative impact on the listed building and conservation area Concerns of lack of suitable play provision Query as to where surface water would be directed and that existing drainage issues would not be exacerbated Reference to previous report and the reasons for refusal and does not consider this design remedies those failings Concerns for security of Church Density of development is too high Road Safety Issues Increase of parking demand in area with already limited spaces Insufficient parking within the proposal Concerns relating to construction traffic and noise Traffic stopping outside the site, e.g. deliveries will add to congestions Lack of turning space for refuse vehicles Road safety concerns of new opening in proximity to several others, with associated traffic increase from park and ride, with risk to school children Residential Amenity Concerns Less privacy and further encroachment to previous proposal Overlooking of neighbouring residents Overbearing impact on neighbouring residents Other Matters Inadequacy of the design statement and site section submitted by DTA More suited for elderly as close to public transport and shops Lack of trees to be replanted Affecting natural green space and trees - where is the nature conservation Impact on GP, NHS, dentist and school places Lack of provision of a topographical survey Disagree with the description referring to vacant land Query the type of affordable housing and intended clientele 7.2. The above issues are 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. 32
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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 adaption Policy 3 – Biodiversity Policy 7 – Historic assets and places Policy 12 – Zero waste Policy 13 – Sustainable transport Policy 14 – Design quality and place Policy 15 – Local living Policy 16 – Quality homes Policy 19 – Heating and cooling Policy 21 – Play recreation and sport 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, therefore, 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 1 – Strategy Policy 2 – Climate Change Policy 3 – General Urban Area and Settlements Policy 5 – Development Management Policy 9 – Strategic Town Centre Policy 11 – Housing Policy 14 – Natural and Historic Environment Policy 15 – Travel and Transport SLLDP2 Volume 2 Policies NHE1 – New Lanark World Heritage Site NHE3 – Listed Buildings NHE6 – Conservation Areas SDCC4 – Sustainable Transport 9. Guidance 9.1. New Design in Historic Settings, Historic Environment Scotland Guidance 10. Assessment and Discussion 10.1. Introduction The application seeks full planning permission for the erection of 28 flats, landscaping and associated parking, bike stores and bin stores. A corresponding Conservation Area Consent has been submitted for the demolition of the existing double garage on site. 33
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10.2. Principle of Development The proposal is for 28 flats for social housing; a supporting letter has been received by West of Scotland Housing Association: a registered social landlord. The site is named in the South Lanarkshire Strategic Housing Investment Plan (SHIP), as a site for affordable housing. However, the site is not an allocated housing site within the South Lanarkshire Local Development Plan 2. The site is partly located within the town centre of Lanark, a strategic town. The site is near the train and bus station and various shops and facilities in the town centre. 10.3. NPF4 Policy 16 advises in part (f) that proposals for new homes on unallocated sites, such as this, can be supported in limited circumstances. These circumstances include where the proposal is for affordable housing, as part of a local authority supported affordable housing plan, as is applicable in this case. NPF4 Policy 27 also supports new build residential development within town centres. SLLDP2 Policy 1 identifies Lanark as a sustainable urban location and seeks to direct larger development towards it. As there is a partnering registered social landlord and the site is identified in the SHIP, the proposal is an appropriate form of development at this location and complies with Policy 16 (f). If deemed to be acceptable, a tying condition to ensure it remains under social landlord control would be imposed on any consent issued. 10.4. Overall, the proposed use of the site for social housing is, in principle, a suitable and acceptable use. 10.5. Climate Change NFP4 Policies 1 and 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must seek to minimise and mitigate against the effects of climate change. SLLDP2 Policy SDCC 7 - Low and Zero Carbon emission from New Buildings, also requires development to include low or zero carbon technologies. NPF4 Policy 19 Heating and Cooling requires that buildings occupied by people (i.e. dwellings) ensure sustainable temperature management, utilising passive methods, where possible. 10.6. The site is well located for services within the existing settlement, where the majority of daily needs could be achieved by walking, wheeling or cycling. The dwellings themselves shall be required to go through the Scottish Building Standards. The plans include solar panels on the roofs, whilst air source heating has been referenced in the Design Statement. Electric car vehicle charging has also been indicated on the plans. Furthermore, some of the flats have been orientated directly south which provides solar gain and the addition of balconies provides more opportunity for natural ventilation. 10.7. Therefore, the proposal is considered, on balance, to meet the terms of NPF4 Policies 1, 2 and 19 and SLLDP2 Policies 2 and SDCC7. 10.8. Layout, Siting and Design As with the previous application a key consideration with the proposal lies with the layout, siting, density and design of the flatted dwellings themselves, landscaping and the impact on the surrounding area. 10.9. The planning policies covering design aspects of the proposal include: NPF4 Policies 14 and 21 and SLLDP2 Policy 5 and Policy DM1. Due to this site’s location next to an A listed building (St Mary’s Church) and in the conservation area and New Lanark Buffer Zone, further policies including NPF4 Policy 7 and SLLDP2 Policies 14, NHE1, NHE3 and NHE6 are also relevant. However, the impact on the historic environment will be discussed separately. 34
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10.10. NPF4 Policy 14 details that proposals will be supported where they are consistent with the six qualities of successful places: healthy, pleasant, connected, distinctive, sustainable and adaptable. Policies 5 and DM1 seek to ensure the proposals integrate well into their local area, and there is no unacceptable significant adverse impact on the amenity of residential properties. 10.11. The pleasant quality of a successful place seeks to support attractive natural and built spaces, in particular ensuring there is attractive and welcoming surroundings and a variety and quality of play and recreation spaces. NPF4 Policy 21 advises that where proposals are likely to occupy or be used by children and young people, they should incorporate well-designed, good quality provision for play, recreation and relaxation. The healthy quality of a successful place is to create places people feel safe in and create a sense of belonging and identity. 10.12. In the previous application, the area to the rear of the site raised the most concern and it was considered that it would be difficult to develop to any significant degree. The revised design whilst retaining a residential use, has made significant changes to what was proposed previously. Block 3 and 4 to the rear of the site have now been arranged with a clear frontage to the buildings, facing toward one another and designated garden ground to the rear apportioned to each flat. 10.13. The inclusion of a pedestrian route through the site provides passive surveillance and overcomes the ‘backland’ feel of the site through the creation of a focal point and street and improves the permeability of the site. Concern regarding amenity and impact on the historic environment are considered separately, however, it is considered the design and layout would result in a pleasant place to live for future residents. 10.14. There is play provision identified on landscaping plans which can be used for all residents. Furthermore, clear areas of open space can be used for sitting out and recreation, separate from the parking court. The provision of balconies also increases the amenity space provided to residents. Furthermore, drying greens are identified and bike stores and bin stores are conveniently located. It is considered the open space and landscaping has been considered as an integral part of the design and the proposal creates a pleasant, healthy and connected place that meets the terms of NPF4 Policy 14. 10.15. Impact on Residential Amenity SLLDP2 Policy DM1 and Policy 5 require that there is no unacceptable impact in terms of amenity on nearby residential properties. NPF4 Policy 14 also requires that development is not detrimental to the surrounding area. It requires to be considered if the proposal poses impact on adjacent neighbours in terms of overshadowing, overlooking and/or by sheer physical impact, and if it is suitable for future residents. 10.16. The position of the proposed development to the north for the most part of existing residents’ results in no adverse impact in terms of overshadowing. 10.17. The change in the design to the proposed blocks to the rear of the site allows for a better arrangement with residents backing onto the site from Hyndford Road. There is now a gable end of a two-storey flatted dwelling positioned facing rear gardens. Whilst this is closer than in the earlier layout, the reduction in scale and orientation of the building utilising a gable end to face towards the rear gardens has reduced overlooking to an acceptable level and the distance is sufficient to ensure no loss of daylight to resident windows. Furthermore, the reduction of building height and positioning of blocks to sit between and not directly behind dwellings on Hyndford Road is deemed to reduce any overbearing issue to an acceptable level. 35
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10.18. Blocks 1 and 2 are situated at their closest 11m from one another, windows have been amended on upper floors to avoid unacceptable overlooking between windows. The ground floor windows have been orientated away from the door entrance and landscaping utilised to prevent unacceptable overlooking. 10.19. In relation to the adjacent petrol station and associated car wash. Vehicles access the petrol station and drive around the rear of the petrol station and are washed within an open-ended building by operatives adjacent to the application site. The car wash currently operates 7 days, 9 am to 6pm and the petrol station 7am to 10pm. The provision of a car wash has been a longstanding arrangement of the associated petrol station; it was previously a machine car wash. There are no existing planning conditions restricting the petrol station from changing its arrangements in the future. 10.20. There are other residential dwellings already existing in similar proximity to the petrol station/car wash. The proposal has sought to mitigate potential impacts on future residents by orientating any bedroom windows and balconies away from that elevation. Additional landscaping has been added to plans to screen the car wash and reduce effects on the amenity area. Further mitigation measures will be established by the submission of an assessment prior to any works starting. A condition shall also be imposed to ensure air source heat pumps would align with permitted development rights. 10.21. Overall, it is considered the proposal has been developed to avoid any unacceptable level of amenity, including noise, overlooking, loss of light and overbearing, upon neighbouring properties and future residents and is in line with SLLDP2 Policies 5 and DM1 and NPF4 Policy 14. 10.22. Impact on Historic Environment NFP4 Policy 7 Historic Assets seeks to ensure proposals in the conservation area and those affecting the setting of a listed building, such as this one, will only be supported where the character and appearance of a conservation area is preserved or enhanced, and the character and special interest of a listed building is preserved. 10.23. This site has a particular historical context, being positioned directly south of the Category A listed building, St Mary’s Church, Lanark and being partly within a conservation area. St Mary’s Church was erected in 1856 and is situated on a prominent position within the town. Historical mapping from 1858 shows the rectory positioned on Hyndford Road and the rear steps and path of the Church, demonstrating a connection and desire line between the two. On later mapping, a boundary running from the rear of the now adjacent council car park, was formalised by a line of trees. These have now been lost either by natural causes or more recent felling. 10.24. The proposed blocks of two storey flats to the rear have been arranged on site to provide an avenue arrangement, allowing for views toward the listed building. The proposed layout and design has provided more consideration to the topography, the site section shows a stepping of the dwellings. Furthermore, the access arrangements have been altered to retain the steps and pathways on site. 10.25. The reduction in scale and use of two separate blocks has reduced the mass and it is more respective of the listed building. The proposed blocks sit subsidiary to the church rather than attempting to compete with the building. The form of these blocks also includes use of a pitched roof and feature small dormers, picking up design features in the listed building. 36
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10.26. The street section showing Blocks 1 and 2 on Ladyacre Road demonstrate a cognisance of the ridge and eaves line, lining up with those buildings on the northern side and whilst it is an alternative design, the scale and mass result in a proposal that fits with the surrounding conservation area. In terms of materials, the plans include the use of natural slate on the roofs, reflecting the surrounding area. There is still a proposed use of facing brick and cladding features which would present a new feature in the conservation area which is predominately stone and render. However, brick presents an opportunity to mix colours and textures to soften the overall mass. Overall, the improvement in design and materials results in an appropriate form of development at this location. 10.27. The boundary wall has been reduced in height to 900mm to accommodate visibility splays, and the existing pillars are proposed to be relocated either side of the newly formed entrance way. 10.28. Overall, it is considered the proposal has considered the surrounding architectural and historic character of the area, existing built form and layout, context and incorporated these into the design. The proposal now preserves the character, special architectural and historic interest of the building and considers the surrounding conservation area. The proposal meets the terms of NPF4 Policy 7 Historic Assets and SLLDP2 Policies 14 and NHE3 Listed Building and NHE6 Conservation Area. 10.29. Biodiversity. NPF4 Policy 3 Biodiversity under part (c) details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. The Developing with Nature Guidance is pertinent in this case. The guidance encourages a mitigation hierarchy to be applied - avoid, minimise, restore and offset to achieve a net positive biodiversity impact. 10.30. The Ecological Appraisal has not identified any protected species on site, but the site does represent a possible habitat for bats. There is an overall loss of biodiversity by way of the loss of the grassed area and 12 trees earmarked for removal. It is acknowledged that the majority of the trees for removal are positioned to the front of the site where the positioning for Blocks 1 and 2 for design reasons, in line with the existing street pattern, is logical. The agent has set out that the change in levels proposed to bring the site closer to street level will result in 3 trees being lost to the rear of the site. The landscaping plans include planting to offset this impact; further conditions shall be imposed to achieve biodiversity measures. Therefore, the proposal meets the terms of NPF4 Policy 3. 10.31. Other Issues The representations have raised concerns that have not been otherwise considered in relation to construction impacts. Construction impacts are in general considered a short-term disruption and can be controlled by conditions. 10.32. Representations have raised queries over the intended clientele and raise that the site would have been more suitable for housing for elderly residents. Social rented housing is housing provided at an affordable rent managed by a Registered Social Landlord, local authority and/or other housing body regulated by Scottish Housing Regulator. Whilst the proposal is for social housing there is no restriction on age of the persons available to live there. As identified in this report and the previous report there was no concern on the use of the site in principle for social rented housing. 37
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10.33. Representations have also raised concern on adequacy of the design statement and site sections. An updated site section has been provided, and sufficient information provided to assess the application. 10.34. Concerns have been raised regarding impact on GPs, schools and pharmacies within the town. NPF4 Policy 18 Infrastructure first advises that impact on infrastructure from development proposal should be mitigated. Infrastructure includes, amongst other factors, health and social care services, spaces for play and recreation, and education. The Council’s Community Infrastructure Assessment policy does not seek developer contributions for education or community in cases of social housing development, both the Education and Community sections of the Council are aware of the proposal and have not raised concerns. A space for play and recreation, as well as drainage details are identified on plans. It is not considered the scale of 28 flatted dwellings to cater for those on a housing waiting list, which is earmarked for funding, would have a significant impact on existing health and social care services. 10.35. Technical Matters The vehicular access and internal parking layout have been considered by Roads, Transportation and Fleet Services to be suitable for the purposes of the proposed flats, whilst not designed to be adopted by the Council. There is sufficient parking for the use and volume of social rented accommodation, provision of electric vehicle charging points, turning space for the refuse vehicle and delivery vehicles. Furthermore, road safety measures have been identified to mitigate the impact of the access. The proposal meets the terms of Policy 5 and Policy DM1. 10.36. SLLDP2 Policy SDCC 3 Sustainable Urban Drainage seeks to ensure suitable sustainable urban drainage. NPF4 Policy 22 Flood risk and water management details that proposals shall not increase the risk of surface water to others or themselves. Additionally, all rain and surface water should be managed through SUDS and form part of the proposed/existing, blue/green infrastructure and areas of impermeable surfaces are to be minimised. 10.37. The site is not at risk from river or surface water flooding. The plans show an indication of monoblock areas, reducing impermeable surfacing and there has been a reduction in space afforded to parking since the previous proposal. 10.38. The plans include details of surface water arising from the roofs of each block being directed to soakaway designs located underneath parking areas or garden ground. There are separate soakaways proposed to cater for road areas. Further technical approval of these soakaways shall be sought by condition and through Building Standards approval. The proposal is considered to meet the terms of SLLDP2 Policy SDCC3 and NPF4 Policy 22. 10.39. SLLDP2 Policy DM16 Water Supply and Policy DM16 Foul Drainage seeks to ensure appropriate water supply and foul drainage arrangements. The application form details connections will be made to the existing public water and sewerage system. Therefore, the proposal meets the terms of Policies DM15 and DM16. 10.40. Conclusion The site is ideally located within the town centre in close proximity to services and sustainable transport nodes and presents a suitable site in principle for affordable housing. The density of development in the proposed layout, form and design is suitable for the surrounding historic environment. The proposal meets the terms of a successful place and amenity impact for existing and future residents has been reduced to an acceptable level. Suitable access and road safety measures are set 38
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out and details of surface water arrangements provided. Overall, it is recommended that planning permission is granted. 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 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 including on hard surfacing, 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 prior to any works commencing on site details of facilities for the storage of refuse within the proposed development, including the design, location and access for uplift, shall be submitted to and approved in writing by the Council as Planning Authority. No dwellings shall be occupied until the facilities for the storage of waste have been provided within the proposed development, in accordance with the approved scheme. Reason: In the interests of residential amenity and waste management. 04. That prior to any works commencing on site, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Council as Roads and Planning Authority. This Plan should provide details of access and parking provision for staff and visitors, intended working hours, how deliveries of materials will be managed and stored and what wheel washing facilities will be provided to prevent mud being carried on to the adopted road. Reason: In the interests of traffic and public safety as well as to preserve the amenity of the surrounding area. 05. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council as Planning Authority. Reason: In order to safeguard any archaeological items of interest or finds. 06. That prior to work starting on site details of the location and design of air source heat pumps shall be submitted to and approved in writing by the Planning Authority which shall be used only for the purpose of providing domestic heating or hot water and must comply with, and be installed in line with, MCS Planning Standards or equivalent 39
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standards. MCS Planning Standards means the product and installation standards for air source heat pumps specified in the Microgeneration Certificate Scheme MCS 020. Reason: In the interests of residential amenity and planning control. 07. That no development shall commence until details of surface water drainage arrangements 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 Sustainable Drainage Design Criteria and shall include signed appendices as required. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved 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. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:- (a) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (b) details of any top-soiling or other treatment to the ground; (c) sections and other necessary details of any mounding, earthworks and hard landscaping; (d) proposals for the initial and future maintenance of the landscaped areas; and (e) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. Reason: To ensure the appropriate provision of landscaping within the site. 09. That the approved landscaping scheme shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the building(s) or completion of the development hereby approved, whichever is the sooner. Reason: In the interests of the visual amenity of the area. 10. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 34 metres to the north and 2.4 metres x 39 metres to the south measured from the road channel shall be provided on both sides of the vehicular access and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas. Reason: In the interests of traffic and public safety. 11. That before the development is completed or brought into use, all of the parking spaces shown on Drawing L(0-)01 Rev S of the approved plans and electric vehicle charging points for each space located in 500mm strips separate to the parking space and pavement shall be laid out, constructed and available for use. Reason: To ensure the provision of adequate parking facilities within the site. 40
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12. That before any work commences on the site, a scheme for the provision of equipped play area(s) within the application site shall be submitted to the Council as Planning Authority for written approval and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of any fences to be erected around the play area(s); and (d) details of the phasing of these works. That prior to the completion or occupation of the last dwelling within the development, all of the works required for the provision of equipped play area(s) included in the scheme approved shall be completed. Reason: To ensure the provision of adequate play facilities within the site. 13. That low or zero carbon technology identified solar panels and air source heat pumps, or as otherwise agreed in writing, shall be fully installed and operational prior to the occupation of any approved buildings. Reason: To secure the timeous implementation of renewable and/or low carbon energy technologies and ensure compliance with Policy SDCC7. 14. The development hereby approved shall consist of social housing only, operated by a Registered Social Landlord. Reason: In order to retain effective planning control. 12. Reason for Decision 12.1. The application seeks full planning permission for the erection of 28 flatted dwellings. The proposed residential use for social rented housing in a town centre location supported in the Strategic Housing Investment Plan is suitable in principle. The detailed proposed layout and design is considered suitable in terms of the surrounding historic environment, residential amenity and technical aspects. The proposal meets the terms of Policy 1, 2, 3, 5, 9, 11, 14, 15, NHE1, NHE3, NHE6 and SDCC4 of the South Lanarkshire Local Development Plan 2 and Policy 1, 2, 3, 7, 12, 13, 14, 15, 16, 19, 21, 22 and 27 of National Planning Framework 4. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- Erection of 28 flats (4 blocks; three storey to the front and two storey to the rear of site) with associated access road, parking, bike and bin enclosures and landscaping, demolition of double garage. 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. 41
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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 42
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1526 Proposal: Demolition of double garage Site Address: Vacant Land at Ladyacre Road Lanark ML11 7LQ Applicant: Zoom Developments Holdings Limited Agent: DTA Ward: 02 – Clydesdale North Application Type: Conservation Area Consent Advert Type: Edinburgh Gazette 14 January 2025 Lanark & Carluke Gazette 15 January 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to condition Legal Agreement: N/A Direction to Scottish Ministers N/A 5 45
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the corresponding planning application which details the redevelopment plans requires to be determined by the Planning Committee. 2. Site Description 2.1. The site is located within Lanark, a strategic town, sited partly within the town centre and the conservation area. The site relates to grounds associated with St Mary’s Church and formerly included a Church Hall which suffered from fire damage in 2011 and was subsequently demolished. The site is irregular in shape, it fronts Ladyacre Road and extends to include land situated behind a Category A listed building – St Mary’s Church. 3. Description of Proposed Development 3.1. The proposal seeks Conservation Area Consent to demolish a double garage which is sited in the Church grounds, to facilitate the erection of 4 blocks of flatted residential accommodation with associated parking and landscaping. 4. Relevant Planning History 4.1. CL/07/0031 - Demolition of church hall (Conservation Area Consent) – Refused in 2007. The building later suffered from a fire in 2011 and was subsequently demolished. 4.2. P/23/1372 – Demolition of double garage (Conservation Area Consent) – Refused by the Planning Committee in 2024 as the redevelopment of the site as proposed, was not considered to be acceptable. 5. Supporting Information 5.1. Design Statement - sets out the approach for developing the site, consultation that took place and any previous iterations of layout. As the site is in the conservation area this report is required by legislation. 6. Consultations 6.1. Historic Environment Scotland – No comments to make on the proposal. Response: Noted 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, one representation has been received. The comments relate to the proposed development of the site for flats rather than the demolition of the garage. These comments have been considered in the relevant planning application under P/24/1527. 7.2. A full copy of the representation is 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 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. 46
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National Planning Framework 4 Policies Policy 7 - Historic Assets and Places 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, 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 14 - Natural and Historic Environment SLLDP2 Volume 2 Policies NHE6 - Conservation Areas 9. Guidance 9.1. Interim Guidance on the Designation of Conservation Areas and Conservation Area Consent. 10. Assessment and Discussion 10.1. Introduction The proposal seeks Conservation Area Consent to demolish a double garage which is sited in the Church grounds to facilitate the erection of four blocks of flatted residential accommodation with associated parking and landscaping. 10.2. Principle of Development NPF4 Policy 7 Historic Assets in point (g) details that where demolition in the conservation area is to be followed by redevelopment, consent to demolish will only be supported where an acceptable design, layout and materials are proposed for the replacement development. This is echoed by the Interim Guidance on Conservation Areas and Conservation Area Consent 2019. 10.3. The double garage is of little townscape value and the structural condition of the building prevents retention, whilst its location makes its incorporation into any future development extremely difficult. The application is accompanied by a Design Statement which advises that the double garage requires to be removed to facilitate the redevelopment of the site. 10.4. NPF4 Policy 7, the most up to date policy in this regard, requires that conservation area consent which is followed by redevelopment should only be supported where the redevelopment is appropriate. The redevelopment has been presented as a separate item to this Planning Committee, under reference P/24/1527. 10.5. Conclusion The building itself is not of high townscape value to the conservation area and the redevelopment plans proposed are deemed to be acceptable. The application is recommended for approval. 11. Recommendation and Condition 11.1. The Committee is asked to agree the following recommendation:- Grant Conservation Area Consent subject to condition:- 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. 47
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Reason: To comply with Section 16(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (as amended). 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policy 7 of the National Planning Framework 4 and raises no issues within the context of Policies 14 and NHE6 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of Conservation Area Consent. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/24/1526 | Demolition of detached double garage (Conservation Area Consent) | Vacant Land At Ladyacre Road Lanark ML11 7LQ 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 48
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1545 Proposal: Erection of dwellinghouse Site Address: Eastford B7016 From Forth A706 To Carnwath A70 Forth ML11 8ET Applicant: Ms Susan Carruthers Agent: TM Architectural and Building Services Ward: 02 – Clydesdale North Application Type: Full Planning Permission Advert Date: Carluke Gazette 29 January 2025 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 6 51
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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 site relates to a field north of the dwelling Eastford, adjacent to the B7016 near its junction with East Forth Road. The site is within the rural area. 2.2. The rectangular site is approximately 0.1ha and set approximately 47m north of Eastford. The surroundings are primarily agricultural in character although there is the occasional dwellinghouse. The site is within the ownership of Eastford, and it was noted during a site visit that there is unauthorised development including the siting of a static caravan. This is currently under investigation and is separate to the consideration of this planning application. 3. Description of Proposed Development 3.1. The proposed development relates to the erection of a 1.5 storey dwelling house. Associated development includes the formation of a driveway through the existing field gate, erection of 1.8m timber fence to boundaries, and the installation of a BioDisc septic tank and soakaway. 3.2. The proposed house would have: a 9m by 16m rectangular footprint, a gable roof finished in concrete tiles with a ridge height of 7.3m; external walls finished in buff sandstone and white render with a height to the eaves of 2.8m; modern fenestration including rear bi-fold doors; and a recessed first floor balcony on the rear elevation. 4. Relevant Planning History 4.1. None. 5. Supporting Information 5.1. A supporting statement provides justification for the house as being for a family member of the landowner. 6. Consultations 6.1. Roads Development Management advise that the visibility splays are only achievable for traffic speeds in the 85th percentile which require to be demonstrated by a speed survey. A speed survey has not been submitted as part of the application. Response: Noted. 6.2. Environmental Services have no adverse comments or objection to the proposal although they request that appropriate informatives should be used if the application is approved. Response: Noted. 6.3. Scottish Water advise that there is sufficient water capacity but no public wastewater infrastructure is available. Response: Noted. 6.4. West of Scotland Archaeological Society have no objection to the proposal. Response: Noted. 52
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid third-party 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. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 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 crisis Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 12 - Zero waste Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 17 - Rural homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, 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 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 SDCC3 - Sustainable Drainage Systems Policy SDCC7 - Low and Carbon Emissions from new Buildings Policy GBRA1 - Rural Design and Development Policy DM15 - Water Supply Policy DM16 - Foul Drainage/Sewerage Provision 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development Policy 17 of NPF4 and Policy 4 of SLLDP2 aim to direct development to settlements in the first instance and set out the circumstances in which rural homes are appropriate. In this case, the development of a new house on a greenfield site, it must be demonstrated that the house is necessary such as for the support and sustainable management of a viable rural business, or for the retirement succession of a viable farm holding. The situation presented in this application is that the house would be for 53
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a family member of the landowner who resides in the adjacent existing house. Accordingly, the proposal is unacceptable in land use terms and is contrary to Policy 4 of the SLLDP2 and Policy 17 of NPF4. 10.2. Sustainability Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 require development to minimise climate impacts. The scale of the proposal limits any substantial intervention via planning, but sustainability would be promoted through Building Standards. 10.3. Policy 3 of NPF4 requires development proposals to enhance the biodiversity value of the site. No details have been provided in this regard but they could be requested if the principal of development was supportable. 10.4. Policies 13 and 15 of NPF4 promote sustainable travel and local living. The site is more than a 20 minute-walk from the Forth Main Street and local bus services. Consequently, the development would likely be car-dependent and contrary to Policies 13 and 15 of NPF4. 10.5. Layout, Siting and Design Policy 14 of NPF4 and Policies 5 and GBRA1 of the SLLDP2 address liveable places, placemaking, and design quality in rural areas. Policy 14 states that all development should enhance the area’s quality and reflect the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 5 requires development to respond to the local context and built form, and to avoid adverse impacts on amenity or neighbouring properties. GBRA1 emphasises sensitivity to rural character and seeks to prevent suburban-style residential development. 10.6. The presented design is clearly suburban and out of keeping with traditional rural vernacular. Overall, the design does not exhibit the qualities of a successful place set out in Policy 14 of NPF4, nor does it meet the expectations of Policies 5 and GBRA1 of the SLLDP2. 10.7. Technical Matters Policies DM15 and DM16 of the SLLDP2 require development to be served by an adequate water supply and appropriate foul drainage. Policy SDCC3 seeks to ensure surface water is managed through sustainable drainage systems (SUDS) and that flood risk is not increased on or off-site. The proposal includes connection to the public water supply and provision of a BioDisc septic tank and soakaway, which is appropriate given the absence of public wastewater infrastructure. The majority of the site would remain permeable, with hard surfacing limited to the house and driveway, aligning with SUDS principles. Accordingly, the proposal is considered to comply with Policies DM15, DM16, and SDCC3 of the SLLDP2. 10.8. Policy 5 of SLLDP2 requires suitable access and parking. A five-bedroom house should have three spaces, and the driveway can accommodate this. The Roads Authority notes that, unless a speed survey proves otherwise, the required visibility splays cannot be achieved. Further information could be sought regarding this matter if the principle of development were supportable. 10.9. Policy 12 of NPF4 requires appropriate waste storage and separation. A suitable scaled bin store is shown on the plans, but it is not appropriately located. This could be moved if the principal of development was supportable. 54
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10.10. Conclusion In conclusion, the principle of a new dwellinghouse in the rural area is unsupportable without a demonstrated locational need as defined in Policy 17 of NPF4 and the justification given for the new house is not one specified. Furthermore, the design of the house is suburban in character which is not appropriate to the rural area and there is a lack of sustainable access. Consequently, it is considered that the proposal is contrary to Policies 4, 5, and GBRA1 within the South Lanarkshire Local Development Plan 2 and Policy 13, 14, 15, and 17 of National Planning Framework 4. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse Planning Permission for following reasons:- 01. The proposal would be contrary to Policy 4 - Green Belt and Rural Area of the South Lanarkshire Local Development Plan 2 as it is not supported by the Development Plan in land use terms. 02. The proposal would be contrary to Policy 5 - Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 as it is not well designed in respect of the local area. 03. The proposal would be contrary to Policy GBRA1 – Rural Design and Development of the South Lanarkshire Local Development Plan 2 as it would introduce a suburban-style development in the rural area. 04. The proposal would be contrary to Policy 13 – Sustainable transport of National Planning Framework 4 as it would be dependent on unsustainable means of transport. 05. The proposal would be contrary to Policy 14 - Design, quality and place of National Planning Framework 4 as it is inconsistent with the six qualities of successful places and fails to reflect the rural character. 06. The proposal would be contrary to Policy 17 – Rural homes of National Planning Framework 4 as it does not meet any of the criteria allowing for housing in the rural area. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/24/1545 | Erection of dwellinghouse | Eastford B7016 From Forth A706 To Carnwath A70 Forth Lanark ML11 8ET 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. 55
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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 56
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0044 Proposal: Construction and Operation of Battery Energy Storage System (BESS) with associated infrastructure and access points (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Land at Red Moss, B7078, Crawfordjohn, Biggar, ML12 6SX Applicant: GSC Red Moss Limited Agent: Renewable Planning Consultancy Ltd Ward: 3 – Clydesdale East Application Type: Construction and Operation of Battery Energy Storage System (BESS) with capacity of 342MW (Section 36 Consultation) Advert Date: None Required Development Plan Compliance: Yes Departures: N/A Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that any approval issued in respect of this application should be subject to the conclusion of a legal agreement(s) covering 1. Community Contribution Payments An agreement under Section 96 of the Road (Scotland) Act will also be required. Direction to Scottish Ministers N/A 7 59
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1. Reason for Report 1.1. This report relates to a consultation on an application that has been made to the Scottish Government under Section 36 of the Electricity Act 1989 and which in the opinion of the Head of Planning and Regulatory Servies raises issues that have policy implications that are worthy of consideration by the Planning Committee. 2. Site Description 2.1. The application site extends to some 2.6ha and comprises the former Red Moss Hotel and truck stop to the immediate south side of the B7078. The land is currently occupied by the buildings and ancillary parking areas associated with the former hotel together with vacant land previously in use as a truck stop. 2.2. The site is bounded by remote moorland on all sides, with the M74 lying approximately 850m to the north of the site. The site is currently accessed from a layby off the B7078. 2.3. A planning application submitted by Scottish Power for the erection of a 400kV/132kV electricity substation on land directly opposite the site is currently under consideration. The operational Middle Muir Wind Farm is located approximately 2.2km to the west of the site and the operational Andershaw Wind Farm approximately 1.5km south-west. 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) with a storage capacity of up to 342 megawatts (MW) and associated infrastructure. The application has been made to the Energy Consents Unit within the Scottish Government which is responsible for the administration of the process including carrying out the necessary publicity and consultation and the decision-making process. The Council is a statutory consultee in this process and not the Consenting Authority. 3.2. The proposed development comprises the following key elements:- 148 no. batteries within storage containers grouped into blocks of 4) 74 no. transformers (2 per block of 4 no. batteries) 132kV substation a grid transformer situated within the on-site substation cabling and connection to the compound and cabling connecting to the proposed Redshaw Substation cut and fill earthworks to enable landscaping and drainage mitigation 2m palisade fencing erected around the site boundary to restrict access to the site, together with CCTV at regular intervals The site will be accessed from the existing slipway leading on to the B7078 which is located at the northern boundary of the site. 3.3. It is intended the BESS will connect to the proposed Redshaw substation located to the northwest of the site. The purpose of energy storage facilities is to import and store power during periods of oversupply from renewable energy. This power is exported back to the grid at periods of low renewable energy generations or high usage requirements. The installation will cover a temporary period of 35-years following which, the battery infrastructure will be decommissioned and removed from site. 60
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4. Relevant Planning History 4.1. None 5. Supporting Information 5.1. The applicants have submitted several supporting documents with the application as set out below:- Archaeological Desk Based Assessment and Heritage Impact Statement Flood Risk and Drainage Statement Habitat Regulations Appraisal Landscape and Visual Appraisal Outline Battery Safety Management Plan Outline Restoration and Enhancement Plan Planning Statement Pre-application Consultation Report Preliminary Ecological Appraisal Transport Statement and Construction Traffic Management Plan 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 – offered no objection subject to conditions relating to noise and potential site contamination. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 6.3. Roads, Transportation and Fleet Services (Development Management) – offered no objection to the proposed development subject to conditions. Response: Noted, and the suggested conditions will be included within the recommended consultation response to the Scottish Government. 6.4. West of Scotland Archaeology Service (WoSAS) – at the time of writing, a response to this consultation request has not been received. It is, however, noted that Historic Environment Scotland has provided detailed comments on the application to the ECU which advise that they have no objection to the proposed development. 7. Representations 7.1. The Energy Consents Unit is responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in its 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. 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. 61
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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 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 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 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy Policy RE1 - Renewable Energy 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. 10.2. 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. 10.3. 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, 62
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considered that the principle of the development accords with Policies 1 and 2 of NPF4 and SLLDP2 Policy 2. 10.4. Policy 11 – Energy of NPF4 states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. This includes energy generation through wind farm development, solar arrays and energy storage (such as battery storage). 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. In terms of the matters that are within the remit of the Council as a consultee on the application, these include:- impacts on communities and individual dwellings, including, residential amenity, visual impact, noise and shadow flicker significant landscape and visual impacts public access, including impact on long distance walking and cycling routes and scenic routes impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts 10.5. SLLDP2 Policy 18 ‘Renewable Energy’ is an overarching renewable energy policy. It states that the detailed consideration of the proposal should be made using 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. The criteria are broadly similar to those in NPF4 Policy 11 listed above. It is noted that most of this guidance relates to wind turbines, however, the relevant development management criteria have been assessed. 10.6. The site is located within a relatively isolated location and is remote from any existing communities or individual residential properties. The closest settlement is Crawfordjohn, however, there are no views of the site from the village. The nearest residential dwelling to the site is located next to the Thirstone Quarry located approximately 1.7km to the southeast of the site off the B7078. Due to the distance of the proposed development from this dwelling, there will be no impact on its amenity. It is unlikely that the proposed development can be viewed from any other residential property due to the distance and intervening features. Accordingly, it is considered that the proposed development will have no adverse impacts upon local communities or individual receptors. 10.7. The application is supported by a detailed Landscape and Visual Appraisal. It concludes that the site's landscape is characterised by flat terrain with fragmented conifer plantations and open moorland. The area has few landscape designations and limited ecological value and, as such, has a predominantly medium landscape value. The sensitivity of the landscape receptors is assessed as low to medium. Overall, the appraisal of the landscape receptors across different phases confirms the landscape's low to medium sensitivity and medium value, with varying degrees of impact and effect through construction, operation and decommissioning phases. 63
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10.8. The visual impact assessment of the proposal evaluated effects on various visual receptors. For users of the B7078, cycleway, and Core Path, the site is mostly screened by vegetation and topography, with notable features like the Middle Muir Wind Farm and electric pylons clearly visible as prominent existing features. Core Path users and visitors to nearby hills will have unobstructed distant views and face slight to moderate adverse effects in both construction and operation phases. Finally, M74 motorway users would have intermittent views of the site and would experience slight adverse effects during construction and operation. The immediate landscape has already been altered with other energy schemes and electricity infrastructure including the proposed substation to the north-west. These developments significantly alter the landscape in which the proposed development would be located meaning that any landscape impact would become negligible. 10.9. In addition, the site was previously in use as a works facility, truck stop and often retaining a number of lorries at any one time. This land has been degraded through the creation of an extensive hardstanding. The former hotel building has also fallen into disrepair. As a result, the proposal would not significantly change the character of the site and its surroundings due to current and previous uses. The provision of the proposal would provide new forms of landscaping and an active management of the site. 10.10. With regards to the road traffic implications of the proposed development, approximately 98 vehicle movements per day would be generated at the peak of construction. Traffic management procedures have been proposed which would ensure the safe operation of the approach route to the site during construction. Operational traffic is expected to be minimal and would be conducted by smaller vehicles. The impact of this and construction traffic on the wider road network will be negligible. Roads, Transportation and Fleet Services have no objections to the proposal. 10.11. The development will result in some changes to the existing landscape fabric, aesthetic attributes and visual characteristics of the area, but these changes are largely of a localised and incremental nature, with it being considered that the more significant cumulative effects stem from the larger nearby renewable energy developments, which dominate the landscape and visual environment. On this basis, it is considered that the proposed development can be reasonably justified against the terms of Policy 11 of NPF4 and Policy 18 of SLLDP2. 10.12. Conclusion In conclusion, the proposal supports renewable energy development and therefore acts as a logical extension to the existing energy infrastructure located near to the site. The site is a previously developed site in close proximity to the point of connection and other electrical infrastructure. The associated landscape and visual impacts from the proposed development would be insignificant. It is considered that the proposed development complies with the relevant policies of both the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is recommended that the Scottish Government be notified that the Council has no objections to the application, subject to the conditions set out below and the conclusion of a legal agreement. 64
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11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments Recommended Conditions:- 01. That prior to commencing works on site the applicant shall submit, for the written approval of the Council as Planning and Roads Authority, detailed proposals for both proposed site accesses served off the former northbound dual carriageway of the B7078 Carlisle Road (now serving the National Cycle Network 74) showing appropriate entry radii and minimum 7.3m wide industrial standard access with a bituminous surface finish over the first 15 metres measured from the nearside channel line of the public road with security gates set back the same distance. The design shall show visibility splays for the site entrances to the NCN74 cycle route, road markings (including red texture flex markings highlighting priority for cyclists across the site frontage), with drainage and signage. Reason: To allow the Planning Authority to consider these matters in detail. 02. That the applicant shall submit a Stage 2 Road Safety Audit, together with the Designer’s Response, in support of the proposed site access works referred to in the previous condition. Reason: In the interests of road traffic safety. 03. That once approved the site access works shall be constructed in accordance with the agreed drawings and specification all to the satisfaction of the Council as Planning and Roads Authority prior to commencement of works to prepare bases for the battery storage units. Reason: In the interest of road traffic safety. 04. That prior to the commissioning of the battery storage equipment, the applicant shall resurface the existing carriageway between the off-road sections of the National Cycling Network 74 all in accordance with the specification to be agreed in writing with the Council as Planning and Roads Authority. Reason: In the interests of road traffic safety. 65
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05. That prior to commencing works on site, visibility splays of 2.4 metres by 215 metres measured from the nearside road channel line shall be provided onto the live B7078 north/south carriageway and everything exceeding 1.05 metres in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. The applicant shall also demonstrate that they have all rights to implement and maintain the visibility splay where it traverses third party land. Reason: In the interests of road traffic safety. 06. That prior to commencing internal site works, visibility splays of 2.4 metres by 43 metres measured from the nearside road channel line of the former northbound dual carriageway shall be provided for the proposed site entrances and everything exceeding 1.05 metres in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of road traffic safety. 07. That prior to internal works commencing on site, visibility splays of 2.4 metres by 47 metres measured from the nearside road channel line shall be provided at each vehicular access and everything exceeding 0.6 metres in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 0.6 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of road traffic safety. 08. That both site accesses shall be constructed in such a way as to prevent any surface water or deleterious material from running onto or entering the B7078 Carlisle Road. Reason: In the interest of road traffic safety. 09. That prior to works commencing on site the applicant shall undertake CCTV surveys and dye tests to determine the location, condition and depth of existing surface water drainage serving the B7078 within the vicinity of the proposed development. A copy of the survey results shall be submitted to the Council as Planning and Roads Authority. Where the Council as Planning and Roads Authority determines that any existing surface water drainage identified in the CCTV survey shall be impacted by the proposed works then the applicant shall submit proposals for undertaking alterations to existing drainage network to facilitate the site and access works. Reason: To ensure that the proposed development does not adversely impact upon any existing surface water drains. 10. That once approved any alterations to the existing surface water drainage shall be undertaken in accordance with the agreed specification and all to the satisfaction of the Council as Planning and Roads Authority prior to commencement of any site construction works. Reason: To ensure that the works are completed to the approved specification. 66
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11. That a minimum of four months prior to abnormal loads being moved, the applicant shall submit, for the written approval of the Council as Roads Authority, an Abnormal Load Route Assessment for delivery of specialist components and lifting equipment which shall include details of any modifications required to the Council’s local road network. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 12. That a minimum of four months prior to abnormal loads being moved the applicant should submit for the approval of the Council, as Technical Approval Authority, reports covering Principal Inspections and Bridge Assessments all undertaken in accordance with the Design Manual for Roads and Bridges for all Council owned roads structures over which the abnormal loads and lifting equipment will travel. The Bridge Assessments should include for the action of all proposed abnormal loads and lifting equipment associated with the construction of the development. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 13. That prior to works commencing on site the applicant shall submit a Construction Phase Traffic Management Plan (CPTMP) for the written approval of the Council as Planning and Roads Authority. The plan shall include the following:- a. All HGVs and specialist deliveries shall arrive and exit site from the B7078 via Junction 13 of the M74 at Abbington. b. One way operation for entry and exit for all construction vehicles accessing site from the live B7078 carriageway using the two existing junctions. c. Arrangements to ensure safety of existing pedestrians and cyclists using the NCN74 which shall remain open for the duration of the site construction works. d. Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures. e. Details of all temporary construction direction signage. f. Provisions for emergency vehicle access. g. Wheel washing arrangements to prevent detritus being deposited on the public road. h. On-site car parking for construction vehicles as no parking permitted on the public road. i. Delivery and laydown space and turning area to ensure all vehicles enter and exit site in a forward gear. j. Public relations strategy for publishing the timing of abnormal load movements. k. Identification of a nominated person to whom any road safety issues can be referred. l. An agreement under section 96 of the Roads (Scotland) Act 1984 between the Council and the developer. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 14. That once approved all construction works shall be undertaken in accordance with the approved Construction Phase Traffic Management Plan unless otherwise agreed in writing with the Council as Planning and Roads Authority. Reason: In the interest of road traffic safety. 67
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15. That prior to works commencing on site the applicant shall undertake a roads dilapidation survey, in conjunction with Council’s Roads Area Office, for the B7078 live carriageway for 50 metres either side of the proposed site access and for the parallel service road linking the off-road sections of the former northbound dual carriageway of the B7078 Carlisle Road (now serving the National Cycle Network 74). Interim and final surveys shall be undertaken as directed by the Council as Roads Authority. Each inspection shall be recorded in a report to include photographs, plans and descriptions of road conditions and that this information shall be submitted to the Council for record purposes within 7 days of the survey being undertaken. Reason: To establish the condition of the sections of road specified prior to the commencement of the development hereby approved. 16. That the applicant shall be responsible for repairing damage identified through the dilapidation surveys that are attributable to their operations and undertake all necessary repairs within timescales stipulated by the Council as Roads Authority. Reason: To ensure that the roads in question are maintained to a satisfactory standard. 17. Between the hours of 08:00 and 20:00 the measured noise rating level emitted from development (LAr,1hr) shall not exceed the background noise level (LA90,15 min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019 - Method for Rating and Assessing Industrial and Commercial Sound. Between the hours of 20:00 and 08:00 the noise rating level emitted from the development (LAr,15 min) shall not exceed the background noise level (LA90,15min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with BS 4142:2014+A1:2019 Method for Rating and Assessing Industrial and Commercial Sound Reason: To protect the amenity and environment of the surrounding area. 18. The external noise levels resultant from the development as they affect any residential property shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) An LAeq,16hr of 55dB during daytime (07:00 – 23:00) in any garden amenity areas, when measured free-field. b) An LAeq,8hr of 45dB during night-time (23:00 – 07:00) in any garden amenity areas, when measured free-field. Reason: To protect the amenity of any potentially affected residential properties. 19. The Internal Noise Rating Values from the installed services, shall not exceed NR25 between 23.00hrs and 07.00hrs, and NR35 between 07.00hrs and 23.00hrs. Reason: In the interests of amenity. 20. No later than twelve months prior to decommissioning of the Development or the expiration of this consent (whichever is the earlier) a detailed decommissioning, restoration, and aftercare plan, based upon the principles of the approved decommissioning, restoration, and aftercare strategy, shall be submitted to the Planning Authority for written approval. The detailed decommissioning, restoration and aftercare plan will provide updated and detailed proposals for the removal of 68
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above ground elements of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions. It should include (but shall not be limited to):- (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration, and aftercare phases); (b) details of the formation of new features required to facilitate the decommissioning and restoration including but not limited to the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) sewage disposal and treatment; (i) temporary site illumination; and, (j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays. Reason: To ensure the satisfactory reinstatement of the site. 21. The Development shall be decommissioned, site restored, and aftercare thereafter undertaken in accordance with the detailed decommissioning, restoration and aftercare plan as approved, unless otherwise agreed in writing in advance with the Planning Authority. Reason: To ensure the satisfactory reinstatement of the site. 22. No development shall commence unless and until a Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall contain details of:- (a) site construction traffic routes and management; (b) working hours; (c) dust suppression measures; (d) noise control measures; and, (e) surface water run-off control measures; The Development shall be implemented in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. 69
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Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the application, or as otherwise agreed, are fully implemented. 12. Reason for Decision 12.1. The proposed BESS and associated infrastructure are considered acceptable; are not considered to have any significant, adverse impact within the surrounding area; and accord with National Policy and the relevant provisions of the Development Plan and allow a consultation response of no objection being made to the Scottish Government subject to the imposition of the attached, recommended environmental and transportation conditions. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/25/0044|Erection and operation of Battery Energy Storage Scheme (BESS) with associated infractructue and access (Section 36 Consultation) 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 70
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Report Agenda Item Amended Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0087 Proposal: Sub-division of garden ground, demolition of detached garage and car port and erection of dwelling with associated works Site Address: Trickle Trout Highflatt Road Carmunnock G76 9EY Applicant: Mr Chris Flynn and Ms Hollie Armstrong Agent: DTA Ward: 09 East Kilbride West Application Type: Full Planning Permission Advert Date: East Kilbride News - 05 March 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 8 73
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 4B(17)(e) of the adopted Scheme of Delegation 2024 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 located off Highflatt Road within the curtilage of the existing residential property. The site currently consists of a driveway, double garage with attached car port, a large area of decking to the rear and part of a pond. To the east of the site is the existing dwelling, and to the north the rest of the large pond. To the west and south is agricultural land, and to the south-east is three dwellings on the former Cathkin Braes Reservoir site. The site is located within the designated Green Belt. 3. Description of Proposed Development 3.1. Planning permission is sought to demolish the garage and car port and erect a two storey dwelling in its place with adjacent parking for three cars. The existing access into the site would be used for both the existing and proposed properties with parking for the existing property retained adjacent to it. 3.2. The proposed dwelling would provide a lounge, study, and open plan kitchen, dining and living room on the ground floor. The upper level would provide four bedrooms with associated bathrooms and ensuites. The external walls would be finished in a mix of render, natural stone and timber cladding, with a slate roof. 4. Relevant Planning History 4.1. None 5. Supporting Information The following information was submitted by the applicant in support of the application:- 5.1. Design Statement – this outlines the proposed development in relation to design, scale, massing, materials etc. 5.2. Bat Roost Potential Survey - this presents the findings of a daylight bat roost potential inspection carried out at the site. 6. Consultations 6.1. Environmental Services – no objections subject to the attachment of advisory notes in relation to noise, demolition, asbestos and septic tank requirements. Response: Noted. 6.2. Roads Development Management - No objections subject to the attachment of conditions in relation to visibility splays, driveway width, surfacing and EV charging provision. Response: Noted. 6.3. Roads Flood Risk Management – no comments provided. Response: Noted. 6.4. Scottish Water – no objections to the proposal. Response: Noted. 6.5. SP Energy Networks – no comments provided. Response: Noted. 74
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no 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 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 8 – Green belts 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) 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 Policy 15 - Travel and Transport SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy DM3 – Subdivision of Garden Ground Policy GBRA1 – Rural Design and Development 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development The site is located within the Green Belt, therefore Policy 8 – Green Belts of NPF4 is applicable. This policy sets out the types of development that would be supported in the Green Belt. Developments in these categories also require to demonstrate a specific locational need, that it would not undermine the purpose of the Green Belt, it is compatible with the surrounding established countryside and landscape character, has been designed to ensure it is of an appropriate scale that minimises visual impact, and there will be no significant long-term impacts on the environmental quality of the Green Belt. 75
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10.2. The proposal is for the subdivision of the existing garden ground, demolition of existing garage and car port, and erection of a new build residential dwelling. As this proposal is not required for any of the purposes set out in Policy 8 and, therefore, there is no specific locational need for the dwellinghouse to be located in the Green Belt, the proposal is considered to be contrary to Policy 8 of NPF4. 10.3. In terms of SLLDP2, the site is located within the Green Belt and therefore the application requires to be assessed under Policy 4 - Green Belt and Rural Area. This states that support will not be given for development proposals within the countryside, unless they relate to uses which must have a countryside location. 10.4. As set out above, the proposal is for the erection of a new build dwelling which is not required for any of the purposes set out in Policy 4 and therefore there is no specific locational need for the dwellinghouse to be located in the Green Belt. In respect of Policy GBRA1 - Rural Design and Development of SLLDP2, it sets out a number of criteria which developments in the Green Belt require to comply with. As set out above, there is no specific locational need for the dwellinghouse to be located in the Green Belt. The proposal is therefore considered to be contrary to Policies 4 and GBRA1 of SLLDP2. 10.5. Climate Change and Biodiversity 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. Whilst the supporting statement notes the proposed dwelling includes renewable technologies, the dwelling would not be sustainably located and would lead to additional private car trips with its associated greenhouse gas emissions. This would adversely impact upon the wider climate and the proposal would therefore not accord with Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2. 10.6. Policy 3 – Biodiversity of NPF4 aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. As the proposal involves demolition of an existing building in a rural setting, a daylight bat roost potential survey was carried out. This found no evidence of use by roosting bats, though did note some potential roost features. The survey therefore recommended that a dusk bat presence survey be completed between May and August. No proposals to enhance biodiversity as a result of this proposal were included with the submission. 10.7. Layout, Siting and Design Policy 14 - Design, Quality and Place of NPF4 aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design- led approach and applying the Place Principle. It sets out six qualities of successful places (Healthy, Pleasant, Connected, Distinctive, Sustainable, Adaptable). It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. In this case, the location of the site is garden ground within the Green Belt. Given this, the use of the site for additional residential accommodation is not considered to be sustainable or connected. The proposal is therefore contrary to Policy 14 of NPF4. 10.8. Policy 15 - Local Living and 20-minute neighbourhoods of NPF4 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 or cycling, or using sustainable transport options. In this case, the proposed dwelling would be located adjacent to a small number of existing dwellings, however, 76
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access to amenities would rely on travelling a further distance to the nearest local facilities in Carmunnock, approximately a kilometre away. On foot, this would require travel along Highflatt Road, a national speed limit road which has no footway and therefore may result in driving to amenities which conflicts with the intention of this policy. In this regard, the proposal would not be compliant with Policy 15 of NPF4. 10.9. Policy 16 - Quality Homes of NPF4 aims to encourage, promote and facilitate the delivery of high quality, affordable and sustainable homes, in the right locations. It advises that development proposals for new homes on land not allocated for housing in the LDP will only be supported in the following limited circumstances:- i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20-minute neighbourhoods; iii. and either:- delivery of sites is happening earlier than identified in the deliverable housing land pipeline; or the proposal is consistent with policy on rural homes; or the proposal is for smaller scale opportunities within an existing settlement boundary; or the proposal is for the delivery of less than 50 affordable homes As the proposal is not consistent with the criteria above, the proposal is also contrary to Policy 16 of NPF4. 10.10. Policy 5 – Development Management and Placemaking of SLLDP2 advises that to ensure development takes account of the principles of sustainable development, 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. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.11. As this proposal involves development within the grounds of an existing residential property, Policy DM3 – Sub-division of garden ground of SLLDP2 is also relevant. This policy advises that development of this nature may be considered favourably where it demonstrates that it complies with the following criteria:- The proposed house plot and that remaining to the existing are comparable with those nearby in terms of size, shape and amenity. The proposed house plot should have a proper road frontage. The garden space allocated to the proposed house and that remaining for the existing house should be sufficient for recreational, amenity and drying needs of the occupants. The proposed development will not cause an unacceptable loss of privacy to the existing houses and will, itself, enjoy a degree of privacy comparable with surrounding dwellings. 10.12. The proposed dwelling is two storeys in height and would sit on a larger footprint than existing garage and car port, albeit positioned in a similar area. As the garage and car port sit behind the existing dwelling, the proposed dwelling would be set back into the site and therefore would not have a similar frontage to the existing property. Whilst the rear garden ground for the new dwelling appears to be sizeable, a significant portion of the area is a timber deck on the edge of the adjacent pond along with the adjacent pond retention and drainage infrastructure. The rest of the pond appears to 77
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remain part of the curtilage of the donor house. In addition, due to the positioning of the proposed dwelling to the north-west of the existing dwelling, it would likely result in overshadowing of a significant area of the rear garden of the existing property at specific points of the day. As such, the proposal would not be compliant with all the criteria of Policy DM3 of SLLDP2. 10.13. Travel and Transport Policy 15 - Travel and Transport of SLLDP2 requires all new development proposals to consider the resulting impacts of traffic growth as well as promoting opportunities for sustainable travel options. Whilst the Council’s Roads Development Management section has offered no objection to the proposal, as noted above, there is a sizeable length of road between the site and the main settlement where there are no footways and access to public transport would require walking along the public road. Due to the lack of existing footway network at this site, which would likely encourage private car usage, the proposal is also considered contrary to Policy 15 of SLLDP2. 10.14. Conclusion In conclusion, a full assessment of the proposal against the development plan has been carried out above. It is considered that the proposed development has not been appropriately justified in policy terms with regards to its Green Belt location and therefore there is no justification for an additional dwelling at this site. The proposal is contrary to Policies 8, 14 and 16 of NPF4, and Policies 4, 15, and GBRA1 of SLLDP2. It is recommended that the application is refused planning permission. 11 Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal is contrary to Policy 4 - Green Belt and Rural Area of the South Lanarkshire Local Development Plan 2 as it is not for agricultural, forestry, recreation or other uses generally appropriate to the countryside and it has not been appropriately justified in terms of being development which would require to be located within the Green Belt. 02. The proposal is contrary to Policy GBRA1 - Rural Design and Development of the South Lanarkshire Local Development Plan 2 as the site is located in the Green Belt and there is no specific locational need for the dwelling to be located in the Green Belt. 03. The proposal is contrary to Policy DM3 - Sub-division of garden ground of the South Lanarkshire Local Development Plan 2 due to dimensions of the plot being created, the narrow road frontage and the inclusion of part of the neighbouring pond infrastructure into the garden space for the proposed house. 04. The proposal is contrary to Policy 15 - Travel and Transport of the South Lanarkshire Local Development Plan 2 due to the lack of existing infrastructure at the site which would encourage vehicular travel. 05. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 as it does not meet the criteria set out in the policy for Green Belt development and, as such, fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 78
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06. The proposal is contrary to Policy 14 - Design, Quality and Place of National Planning Framework 4 as it is neither consistent with the qualities of a sustainable place nor with the qualities of a connected place. 07. The proposal is 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. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/25/0087|Sub-division of garden ground, demolition of detached garage and car port and erection of dwelling with associated works 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 79
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0164 Proposal: Erection of dwellinghouse and associated infrastructure Site Address: Tinto View Road Ashgill Larkhall ML9 3DW Applicant: Mrs Annette Lister Agent: Porter Planning Ltd Ward: 20 – Larkhall Application Type: Full Planning Permission Advert Date: Hamilton Advertiser 05 March 2025 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 9 81
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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 site comprises the compound of a former water tank on Tinto View Road, approximately 590m from the junction with the public Ashgillhead Road, within Ashgill. It lies within the green belt, as defined in the South Lanarkshire Local Development Plan 2 (SLLDP2). 2.2. The site is enclosed by a perimeter fence and has naturalised. However, excavations have been undertaken on site to expose the remnants of the water tank formerly located on the site. Tinto View Road is a private track. 2.3. As a former ground-based water tank, the site is visually prominent, with open views across surrounding agricultural land and nearby settlements. There is a neighbouring dwelling and associated farm steading adjacent to the site. 3. Description of Proposed Development 3.1. The proposal is for the erection of a single-storey dwellinghouse on the approximate footprint of the former water tank. Associated works include the formation of a driveway, erection of boundary treatments, and installation of a BioDisc septic tank and soakaway. 3.2. The proposed house would have a skewed H-shaped footprint of 178m2 with gable roofs. One half would be finished entirely in timber with a ridge height of 5.4m, with the other in stone and slate with a ridge height of 6.9m. The design includes modern fenestration, with full-height windows and bi-fold doors. 3.3. The house was redesigned following validation following initial feedback that the original proposal was too suburban in character. 4. Relevant Planning History 4.1. None 5. Supporting Information 5.1. A design and access statement and a supporting statement was submitted outlining the applicant’s justification for a medically adapted house in this rural location. The statement sets out personal circumstances but does not include medical evidence. 6. Consultations 6.1. Roads Development Management General impact suitable at this location. The road will not be adopted. Visibility splays and parking are achievable. EV charging points should be provided. No objections. Response: Noted. 6.2. Environmental Services No objections or adverse comments. Response: Noted. 6.3. Scottish Water There is sufficient water supply, but no public wastewater infrastructure is available. Response: Noted. 82
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6.4. The Mining Remediation Authority The site lies within a Development High Risk Area, but no objections are raised. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, one representation has been received (1 objection, 0 support). The issues raised are summarised as follows:- Principle of Development Not demonstrated as needed for a key worker Proposal does not comply with Policy 8 of NPF4 Drainage Septic tank and soakaway not shown on plans Access Access is via a private road Proposed parking is excessive 7.2. The BioDisc septic tank and soakaway are shown on the plans, located in the southeast corner of the site. Ownership of the private access road is a legal matter and not a material planning consideration. Planning permission does not confer a right of access. 7.3. Matters relating to the principle of development are considered in the assessment below and a full copy of the representation is 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. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 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 crisis Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green belts Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 12 - Zero waste Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods 83
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8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, 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 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 SDCC3 - Sustainable Drainage Systems Policy SDCC7 - Low and Carbon Emissions from new Buildings Policy GBRA1 - Rural Design and Development Policy DM15 - Water Supply Policy DM16 - Foul Drainage/Sewerage Provision South Lanarkshire Council (SLC) Supporting Planning Guidance Electric Vehicle Charging Point Supporting Guidance 2022 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development Policy 8 of NPF4 and Policy 4 of SLLDP2 set out the purpose of the green belt: to direct development to appropriate locations, protect landscape character, and manage growth sustainably. Development lacking a locational need is expected to be directed to land within settlement boundaries. 10.2. Policy 8 of NPF4 requires that proposals meet at least one acceptable circumstance from part (i) and all of the necessary requirements in part (ii). This proposal meets none of the acceptable situations in part (i) and fails at least one requirement of part (ii), specifically, that a green belt location is essential. The supporting information does not address this. The proposed development could be accommodated within a settlement. The proposal is therefore contrary to both Policy 8 of NPF4 and Policy 4 of SLLDP2. 10.3. Medical need is not included as an exception under Policy 8(i). Adapted homes can be located within settlements. The assertion that the applicant needs to live in a rural location on medical grounds is not supported by evidence, nor would it be requested, as it is not a material planning consideration in this context. An existing rural property or conversion may provide a more appropriate solution. 10.4. Policy 9 of NPF4 supports the reuse of brownfield land but also requires consideration of naturalised biodiversity. While some remnants of the tank remain, they are only visible as works have been undertaken on site to expose them. The site had naturalised and even with the excavation works that have been undertaken, it largely remains in a natural state. Moreover, Policy 9 does not override Policy 8, and the reuse of derelict land does not justify a breach of green belt policy. 84
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10.5. Sustainability Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 require development to minimise climate impacts. The scale of the proposal limits any substantial intervention via planning, but sustainability would be promoted through the Building Standards Service. 10.6. Policy 3 of NPF4 requires development proposals to enhance the biodiversity value of the site. The development has the potential to enhance the biodiversity value of the site, and measures could be secured if the principle were acceptable. 10.7. Policies 13 and 15 of NPF4 promote sustainable travel and local living. Although within walking distance of Ashgill and a bus stop, the gravel track and rural location limit accessibility. The development would likely be car dependent. Nonetheless, given the proximity to a settlement, it is not considered significantly contrary to these policies. 10.8. Layout, Siting and Design Policy 14 of NPF4 and Policies 5 and GBRA1 of the SLLDP2 address liveable places, placemaking, and design quality in rural areas. Policy 14 states that all development should enhance the area’s quality and reflect the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 5 requires development to respond to the local context and built form, and to avoid adverse impacts on amenity or neighbouring properties. GBRA1 emphasises sensitivity to rural character and seeks to prevent suburban-style residential development. 10.9. The proposed house is a modern interpretation of traditional forms and materials that would sit well in a rural context. If the principle of development was acceptable; some minor changes to fenestration and clarification of external materials would be sought. However, overall, the design exhibits the qualities of a successful place and is not consider contentious in terms of Policy 14 of NPF4 and Policies 5 and GBRA1 of the SLLDP2. 10.10. Technical Matters Policies DM15 and DM16 of the SLLDP2 require development to be served by an adequate water supply and appropriate foul drainage. Policy SDCC3 seeks to ensure surface water is managed through sustainable drainage systems (SUDS) and that flood risk is not increased on or off-site. The proposal includes connection to the public water supply and provision of a BioDisc septic tank and soakaway, which is appropriate given the absence of public wastewater infrastructure. The majority of the site would remain permeable, with hard surfacing limited to the house and driveway, aligning with SUDS principles. Accordingly, the proposal is considered to comply with Policies DM15, DM16 and SDCC3 of the SLLDP2. 10.11. Policy 5 of SLLDP2 requires suitable access and parking. Two spaces are required for a two-bedroom house, and the driveway can accommodate this. The Council’s Roads Authority confirmed that the proposed access and parking arrangements are acceptable. A comment was received that parking arrangements were excessive as the driveway has space for 4 vehicles, however, this was reduced to 3 in the redesign. 10.12. Policy 12 of NPF4 requires appropriate waste storage and separation. A suitably scaled bin store is shown on the plans, although it should be moved to the rear or side if the principle were acceptable. 85
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10.13 Conclusion The principle of a new dwellinghouse in the green belt is unsupportable without a demonstrated locational need as defined in Policy 8 of NPF4 and the justification given for the new house is not one specified in Policy 8 a) i). Consequently, it is considered that the proposal is contrary to Policy 4 within the South Lanarkshire Local Development Plan 2 and Policies 8 and 9 of National Planning Framework 4. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse Planning Permission for the following reasons:- 01. The proposal would be contrary to Policy 4 Green Belts and Rural Areas of the South Lanarkshire Local Development Plan 2 as it does not require a location within the green belt. 02. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 as it does not meet any of the criteria allowing for housing in the green belt. 03. The proposal would be contrary to Policy 9 – Brownfield, vacant and derelict land and empty buildings of National Planning Framework 4 as it does not represent sustainable reuse of land. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/25/0164 | Erection of dwellinghouse and associated infrastructure | Tinto View Road Ashgill Larkhall ML9 3DW 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 86
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0274 Proposal: Construction and Operation of Battery Energy Storage System (BESS) with associated infrastructure and access point (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: 1.7km south of Millbank A70 to Abington Interchange A702, Douglas Applicant: BayWa R.e. UK Ltd Agent: SLR Consulting Ward: 3 – Clydesdale East Application Type: Construction and Operation of Battery Energy Storage System (BESS) with capacity of up to 500MW (Section 36 Consultation). Advert Date: None Required Development Plan Compliance: Yes Departures: N/A Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that any approval issued in respect of this application should be subject to the conclusion of a legal agreement(s) covering Community Contribution Payments An agreement under Section 96 of the Road (Scotland) Act will also be required. Direction to Scottish Ministers N/A 10 89
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1. Reason for Report 1.1. This report relates to a consultation on an application that has been made to the Scottish Government under Section 36 of the Electricity Act 1989 and which, in the opinion of the Head of Planning and Regulatory Servies, raises issues that have policy implications that are worthy of consideration by the Planning Committee. 2. Site Description 2.1. The site is approximately 2.6km south-east of Douglas and approximately 4km north- west of Crawfordjohn and covers an area of approximately 98ha. The landform comprises gently sloping terrain which reaches a high point of 349m Above Ordnance Datum (AOD). The site is characterised by rough unimproved grazing and open moorland, primarily used for sheep grazing. A watercourse (Long Burn) flows through the west of the site. 2.2. The B7078 borders the western side of the site and forms part of National Cycle Network (NCN) route 74 and a Core Path. The site benefits from an existing access point from the B7078. The site is bordered on the east by the M74 motorway. A 400 kV overhead line crosses the site from north to south. Three residential receptors are found within 2km of the site boundary. 2.3. A planning application has been submitted by Scottish Power for a 400kV / 132kV substation approximately 320m south of the site’s southern boundary and this is currently under consideration. The operational Middle Muir Wind Farm is located approximately 1.2km to the west of the site and the operational Andershaw Wind Farm approximately 2.2km south-west. 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) with a storage capacity of up to 342 megawatts (MW) and associated infrastructure. The application has been made to the Energy Consents Unit within the Scottish Government which is responsible for the administration of the process including carrying out the necessary publicity and consultation and the decision-making process. The Council is a statutory consultee in this process and not the Consenting Authority. 3.2. The proposed development comprises the following key elements:- Up to 400 containerised battery units with associated control units and electrical infrastructure On-site substation housing switch room and transformers Approximately 100 medium voltage (MV) transformer stations Approximately 16 storage containers On-site water storage containers Security fencing with CCTV Auxiliary transformers On-site car parking Internal access tracks On-site welfare facilities Site drainage and SUDs 3.3. It is intended the proposed development will have a connection to the National Grid via the proposed SPT Redshaw 400kV / 132kV substation referred to above. The purpose of energy storage facilities is to import and store power during periods of oversupply from renewable energy. This power is exported back to the grid at periods 90
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of low renewable energy generations or high usage requirements. The site will be accessed via an existing entrance on the B7078 road to the west of the site with a new track from the road to the BESS platform. The new access track will be 1km in length and approximately 4m wide. 4. Relevant Planning History 4.1. None. 5. Supporting Information 5.1. The applicants have submitted several supporting documents with the application as set out below:- Pre-Application Consultation (PAC) Report Socio-Economic Impact Assessment Supporting Environmental Information Report (SEIR), which includes a range of associated appendices 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 – offered no objection subject to conditions relating to noise. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 6.3. Roads, Transportation and Fleet Services (Development Management) – have indicated that additional information will be required to support the application. Response: Noted and the additional information that has been requested can be covered by conditions which will be included within the recommended consultation response to the Scottish Government. 6.4. West of Scotland Archaeology Service (WoSAS) – offered no objection to the proposed development subject to conditions. Response: Noted and the suggested condition will be included within the recommended consultation response to the Scottish Government. 7. Representations 7.1. The Energy Consents Unit is responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in its 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. 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. 91
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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 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 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 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy Policy RE1 - Renewable Energy 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. 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. 92
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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. This includes energy generation through wind farm development, solar arrays and energy storage (such as battery storage). 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. In terms of the matters that are within the remit of the Council as a consultee on the application, these include:- impacts on communities and individual dwellings, including, residential amenity, visual impact, noise and shadow flicker significant landscape and visual impacts public access, including impact on long distance walking and cycling routes and scenic routes impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts 10.4. SLLDP2 Policy 18 ‘Renewable Energy’ is an overarching renewable energy policy. It states that the detailed consideration of the proposal should be made using 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. The criteria are broadly similar to those in NPF4 Policy 11 listed above. It is noted that most of this guidance relates to wind turbines, however, the relevant development management criteria have been assessed. 10.5. The site is remote from sizeable settlements and isolated residential properties. The closest settlement is Douglas, which is 2.6km north-west with the closest residential property being Redshaw, which is 200m west of the site boundary and 1.8km from the closest element of proposed infrastructure. Redshaw is occupied by a tenant of the landowner. Other isolated dwellings in proximity are Maidengill and Parkhead, located 1.8km and 2.3km from the closest element of proposed infrastructure respectively. 10.6. A Landscape and Visual Assessment (LVA) has been submitted with the application. It highlights that the visual effects of the proposed development would be extremely restricted with no notable effects on the views experienced by local residents. There would be some notable effects experienced by walkers on local paths and by drivers on localised sections of the M74 motorway, however, these are likely to soften over time as planting is established. During operation, lighting will be directional to avoid unnecessary light spill and nuisance. The Noise Impact Assessment (NIA) identifies that the predicted operational noise levels comply accepted standards and this has been confirmed by Environmental Services. By implementing best practice measures with regards to construction noise, it is anticipated that any noise impacts to nearby sensitive receptors during construction will be minimised. 10.7. In terms of the landscape impact the LVA states that effects of the proposed development will be localised due to the undulating nature of the landform. Notable effects are also localised as they are primarily focused within 600-700m of the site to the north and east and within circa 200m to the south and west. Overall, the LVA finds the proposal can be accommodated with limited and localised effects on landscape character and amenity. It would have limited influence on the existing landscape 93
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qualities of the Douglas Valley Special Landscape Area located 1.3km north-west of the site and no effect is expected over the vast majority of the SLA. Although the limited views of the proposal would soften over time as proposed planting is established, there would be some partial views from the most open vantage points at the edge of the SLA. However, the elevated nature of these views means the development would be experienced well below the distant horizon and therefore would have limited influence on the existing landscape qualities of the SLA. 10.8. The proposed development would represent a distant, and relatively discreet addition to the background landscape of the Leadhills and Lowther Hills SLA (2.6km south from the site boundary) especially as it would be viewed in the context of existing large infrastructure in the form of the existing overhead line in the foreground, associated pylons and nearby wind turbines at Middle Muir Wind Farm. The effects on this SLA would be minor/negligible, with established planting further restricting views of the development leading to negligible effects. 10.9. The LVA also assesses the visual impact on National Cycle Routes and Core Paths. There will be no notable effects on National Cycle Route 74 or any of the core paths. In any event views will soften with the establishment of the new planting. Views from localised sections of the M74 will be moderate and notable but as they will be experienced at speed they are not considered significant. 10.10. The Transport and Access Statement concludes that construction traffic would be limited and temporary, with the impact on the road network considered negligible. It also concludes that traffic generated during the operational phase of the development would be minor and would not result in any significant effects. The applicant anticipates that the provision of a Construction Environmental Management Plan (CEMP) to manage all construction activities onsite will be a condition of consent. With regard to construction traffic, an Outline Construction Traffic Management Plan (OCTMP) has been prepared and is submitted in support of the application 10.11. The development will result in some changes to the existing landscape character and visual characteristics of the area, but these changes would be localised and incremental in nature. In addition, they would be mitigated to a large extent by the larger nearby renewable energy developments, which dominate the landscape and visual environment and the proposed substation. On this basis, it is considered that the proposed development can be reasonably justified against the terms of Policy 11 of NPF4 and Policy 18 of SLLDP2. 10.12. Conclusion In conclusion, the proposal supports renewable energy development and therefore acts as a logical extension to the existing energy infrastructure located near to the site. The site is in close proximity to the point of connection to the national grid and other electrical infrastructure. The associated landscape and visual impacts from the proposed development would be insignificant. It is considered that the proposed development complies with the relevant policies of both the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is recommended that the Scottish Government be notified that the Council has no objections to the application, subject to the conditions set out below and the conclusion of a legal agreement. 94
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11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments Conditions:- 01. Prior to commencing works on site, the applicant shall submit, for the written approval of the Council as Planning and Roads Authority, a joint Stage 1 and 2 Road Safety Audit. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 02. Prior to works commencing on site, the applicant shall submit, for the written approval of the Planning Authority, details of the re-routing of footpath number CL/5125/1. Once approved, the path shall be re-routed prior to any works commencing on the construction of the approved development. Reason: To ensure that this footpath remains open and available for use at all times. 03. The access into the site off the B7078 shall be a minimum of 7.3m wide and shall have a minimum radius of 10.5m on both sides, with a bituminous surface over the first 15m measured from the nearside channel line of the public road. Full details of the access shall be submitted to the Council as Planning and Roads Authority prior to works commencing on site. Reason: To enable the Council as Planning and Roads Authority to consider these matters in detail. 04. That once approved the site access works shall be constructed in accordance with the agreed drawings and specification all to the satisfaction of the Council as Planning and Roads Authority prior to commencement of works to prepare bases for the battery storage units. Reason: In the interest of road traffic safety. 05. That prior to commencing works on site, visibility splays of 2.4 metres by 215 metres measured from the nearside road channel line shall be provided onto the B7078 north/south carriageway and everything exceeding 1.05 metres in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. 95
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Reason: In the interests of road traffic safety. 06. That a minimum of four months prior to abnormal loads being moved, the applicant shall submit, for the written approval of the Council as Roads Authority, an Abnormal Load Route Assessment for delivery of specialist components and lifting equipment which shall include details of any modifications required to the Council’s local road network. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 07. That a minimum of four months prior to abnormal loads being moved the applicant should submit for the approval of the Council, as Technical Approval Authority, reports covering Principal Inspections and Bridge Assessments all undertaken in accordance with the Design Manual for Roads and Bridges for all Council owned roads structures over which the abnormal loads and lifting equipment will travel. The Bridge Assessments should include for the action of all proposed abnormal loads and lifting equipment associated with the construction of the development. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 08. That prior to works commencing on site the applicant shall submit a Construction Phase Traffic Management Plan (CPTMP) for the written approval of the Council as Planning and Roads Authority. The plan shall include the following:- a. All HGVs and specialist deliveries shall arrive and exit site from the B7078 via Junction 13 of the M74 at Abbington. b. One way operation for entry and exit for all construction vehicles accessing site from the live B7078 carriageway using the two existing junctions. c. Arrangements to ensure safety of existing pedestrians and cyclists using the NCN74 which shall remain open for the duration of the site construction works. d. Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures. e. Details of all temporary construction direction signage. f. Provisions for emergency vehicle access. g. Wheel washing arrangements to prevent detritus being deposited on the public road. h. On-site car parking for construction vehicles as no parking permitted on the public road. i. Delivery and laydown space and turning area to ensure all vehicles enter and exit site in a forward gear. j. Public relations strategy for publishing the timing of abnormal load movements. k. Identification of a nominated person to whom any road safety issues can be referred. l. An agreement under section 96 of the Roads (Scotland) Act 1984 between the Council and the developer. Reason: To allow the Council as Planning and Roads Authority to consider these matters in detail. 09. That once approved all construction works shall be undertaken in accordance with the approved Construction Phase Traffic Management Plan unless otherwise agreed in writing with the Council as Planning and Roads Authority. 96
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Reason: In the interests of road traffic safety. 10. That prior to works commencing on site the applicant shall undertake a roads dilapidation survey, in conjunction with Council’s Roads Area Office, for the B7078 live carriageway for 50 metres either side of the proposed site access. Interim and final surveys shall be undertaken as directed by the Council as Roads Authority. Each inspection shall be recorded in a report to include photographs, plans and descriptions of road conditions and that this information shall be submitted to the Council for record purposes within 7 days of the survey being undertaken. Reason: To establish the condition of the sections of road specified prior to the commencement of the development hereby approved. 11. That the applicant shall be responsible for repairing damage identified through the dilapidation surveys that are attributable to their operations and undertake all necessary repairs within timescales stipulated by the Council as Roads Authority. Reason: To ensure that the roads in question are maintained to a satisfactory standard. 12. Between the hours of 08:00 and 20:00 the measured noise rating level emitted from development (LAr,1hr) shall not exceed the background noise level (LA90,15 min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019 - Method for Rating and Assessing Industrial and Commercial Sound. Between the hours of 20:00 and 08:00 the noise rating level emitted from the development (LAr,15 min) shall not exceed the background noise level (LA90,15min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with BS 4142:2014+A1:2019 Method for Rating and Assessing Industrial and Commercial Sound Reason: To protect the amenity and environment of the surrounding area. 13. The external noise levels resultant from the development as they affect any residential property shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) An LAeq,16hr of 55dB during daytime (07:00 – 23:00) in any garden amenity areas, when measured free-field. b) An LAeq,8hr of 45dB during night-time (23:00 – 07:00) in any garden amenity areas, when measured free-field. Reason: To protect the amenity of any potentially affected residential properties. 14. The Internal Noise Rating Values from the installed services, shall not exceed NR25 between 23.00hrs and 07.00hrs, and NR35 between 07.00hrs and 23.00hrs. Reason: In the interests of amenity. 15. No later than twelve months prior to decommissioning of the Development or the expiration of this consent (whichever is the earlier) a detailed decommissioning, restoration, and aftercare plan, based upon the principles of the approved decommissioning, restoration, and aftercare strategy, shall be submitted to the Planning Authority for written approval. The detailed decommissioning, restoration and aftercare plan will provide updated and detailed proposals for the removal of 97
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above ground elements of the development, the treatment of ground surfaces, the management and timing of the works and environment management provisions. It should include (but shall not be limited to):- (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration, and aftercare phases); (b) details of the formation of new features required to facilitate the decommissioning and restoration including but not limited to the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) sewage disposal and treatment; (i) temporary site illumination; and, (j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays. Reason: To ensure the satisfactory reinstatement of the site. 16. The Development shall be decommissioned, site restored, and aftercare thereafter undertaken in accordance with the detailed decommissioning, restoration and aftercare plan as approved, unless otherwise agreed in writing in advance with the Planning Authority. Reason: To ensure the satisfactory reinstatement of the site. 17. No development shall commence unless and until a Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall contain details of:- (a) site construction traffic routes and management; (b) working hours; (c) dust suppression measures; (d) noise control measures; and, (e) surface water run-off control measures; The Development shall be implemented in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. 98
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Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the application, or as otherwise agreed, are fully implemented. 12. Reason for Decision 12.1. The proposed BESS and associated infrastructure are considered acceptable; are not considered to have any significant, adverse impact within the surrounding area; and accord with National Policy and the relevant provisions of the Development Plan and allow a consultation response of no objection being made to the Scottish Government subject to the imposition of the attached, recommended environmental and transportation conditions. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/25/0274|Installation of Battery Electricity Storage System (BESS) and Associated Infrastructure with Generating Capacity of up to 500MW (Section 36 Application) 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 99
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1492 Proposal: Erection of dwellinghouse for retiring farm worker Site Address: Burnwynd Farm A723 From Strathaven to Hamilton Strathaven ML10 6TY Applicant: Mr Robert Reid Agent: GlenEtive Projects Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 29 January 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 11 101
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 4B(17)(e) of the adopted Scheme of Delegation 2024 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 site, which has an area of approximately 0.2 hectares, is located at Burnwynd Farm, a residential property to the north of Strathaven and comprises the long shared private access and an area of open land to the east, approximately 425m from the A723, which runs to the west of the site. The site is bounded on all sides by open countryside. 3. Description of Proposed Development 3.1. The proposal is for the erection of a single storey dwellinghouse. The proposed dwellinghouse would comprise three bedrooms, living and kitchen accommodation. Dedicated car parking and garden ground would be provided externally to the dwellinghouse. Access to the site would be taken via the existing private access from the A723 Strathaven to Hamilton Road. The applicant advises that the dwellinghouse would be for the use of a retiring farm worker, however, no agricultural operation has been identified in the submission. 4. Relevant Planning History 4.1. The existing dwelling on the site of the former Burnwynd Farm, adjacent to the application site, was approved in 2008 (Planning Ref: EK/07/0523) and is a domestic property rather than an agricultural business or farm. 4.2. Planning permission was sought for the erection of three dwellinghouses on the larger site in 2022 (Planning Reference P/22/0304). The application was subsequently withdrawn by the applicant. 4.3. In July 2024, an application for the erection of a training building associated with the re-establishment of an equine business on site and erection of a dwellinghouse for a retiring worker was returned pre-validation and the applicant encouraged to consider re-applying for the re-establishment of the equine business only, with no associated proposal for residential accommodation. The current proposal was then submitted as a new application in December 2024. 4.4. Planning permission has also been sought for the erection of an equestrian training building on a site adjacent to the current application site (Planning Reference P/25/0333). This application was submitted in January 2025 and is the subject of a separate report on the meeting agenda. 5. Supporting Information 5.1. The applicants have submitted a planning statement in support of their proposals. 6. Consultations 6.1. Roads, Transportation and Fleet Services – objected to the proposed development, as the access to the site does not meet their requirements and would pose a road safety issue at the junction with the public road. Response: Noted. 6.2. Environmental Services – offered no objection to the proposed development. Response: Noted. 102
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6.3. Scottish Water – offered no objection to the proposed development. 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 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 8 - Green belts Policy 14 - Design, quality and place 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 DM1 - New Development Design Policy GBRA1 - Rural Design and Development Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business 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. The policies contained within National Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2 (SLLDP2) are the main consideration in this case, together with an assessment of any other material planning considerations. 103
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10.2. Principle of Development In terms of the principle of the development, the site is located within the green belt as designated by Policy 4 – Green Belt and Rural Area of SLLDP2. In addition, Policy 8 – Green belts of NPF4 also provides policy with regard to proposed development proposals in green belt locations. 10.3. Policy 8 of NPF4 seeks to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. Section a) of the policy provides a list of development types that will be supported in principle in green belt locations, with other development types not supported by the policy. The provision of a dwellinghouse for a retired farm worker on site, where no suitable alternative accommodation is available, is supported in principle by the policy. Similar policy provision is also set out in Policy 17 – Rural homes, which states that such accommodation shall only be supported for the retirement succession of a viable farm holding. 10.4. It is advised in the submitted supporting information that the dwellinghouse would be utilised by a retiring farm worker at Burnwynd Farm and that no other suitable accommodation is available in the locality for this purpose. However, no details were provided with regard to the farming operations being undertaking at the site, or the extent of land owned. Further justification was sought from the applicant regarding the farming operations on site. In response, a plan was provided showing the extent of land owned at the property. 10.5. It is noted from the details submitted that the landholding at Burnwynd as shown is small in scale and would not support full time farming operations on site. No details have been provided with regard to any farming operations taking place at Burnwynd, either at present or in recent years, that would have required a farm worker to reside on site. Insufficient evidence has therefore been provided to demonstrate that any working farm exists at Burnwynd that would have required a full-time worker who now wishes to retire on site from the farm. The proposed development therefore fails to comply with the provisions of Policies 8 and 17 of NPF4 as it has not been satisfactorily demonstrated that the proposals comply with the criteria contained within the policies relating to the provision of a new dwellinghouse in the countryside. 10.6. Similarly, Policy 4 – Green Belt and Rural Area of SLLDP2, together with GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business, require proposed developments in Green Belt locations to be for agricultural, forestry, recreation or other uses generally appropriate to the countryside. As set out above, it has not been satisfactorily demonstrated that the proposals in this case relate to an appropriate countryside use and therefore the proposals also fail to comply with the relevant Green Belt policy criteria set out in SLLDP2. The principle of the proposed development is therefore not supported either by national or local planning policy provisions in this case. 10.7. 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. It is noted that the development is proposed to be located in an isolated location and that appropriate justification has not been provided for the siting of the development at this location. The proposed development is therefore considered to be an unsuitable proposal in an unsustainable location and fails to comply with the provisions of Policies 1 and 2 of NPF4 or Policy 2 of SLLDP2. 104
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10.8. Layout, Siting and Design Policy 14 of NPF4 relates 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. 10.9. Similar policy with regard to residential development is provided within SLLDP2. Policies 5 – Development Management and Placemaking, DM1 – New Development Design and GBRA1 – Rural Design and Development 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. The Council’s Roads, Transportation and Fleet Services has advised that the access arrangements proposed are inappropriate and would create a traffic and road safety issue at the access point from the site to the public road. The proposals therefore fail to comply with the relevant provisions of Policies 5, DM1 and GBRA1 of SLLDP2. 10.10. Conclusion Following a detailed assessment of the proposals, it is considered that the principle of this proposed residential development within the Green Belt has not been justified in this case, as the area of land owned is small in scale and no suitable evidence of the existence of farm operations on site has been provided. Furthermore, it is considered that the development would have an adverse road safety impact at the access from the site to the public road. The proposal therefore 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 proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as it has not been satisfactorily demonstrated that the proposals comply with the criteria contained within the policy relating to the provision of new dwellinghouses in the countryside and, as such, fail to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal would be contrary to Policy 4 - Green Belt and Rural Areas of the South Lanarkshire Local Development Plan 2 (2021) as it has not been satisfactorily demonstrated that the proposed development would be for agricultural, forestry, recreation or other uses generally appropriate to the countryside and it has not been appropriately justified in terms of being development which would require to be located within the Green Belt. 03. The proposal would be contrary to Policy 5 - Development Management and Placemaking, DM1 – New Development Design and GBRA1 – Rural Design and Development of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would pose a road safety issue, as an unacceptable vehicular access would be provided to serve the development. 105
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David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/24/1492 | Erection of dwellinghouse for retiring farm worker | Burnwynd Farm A723 From Strathaven To Hamilton Strathaven ML10 6TY 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 106
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Report Agenda Item Report to: Planning Committee Date of Meeting: 17 June 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0333 Proposal: Erection of horse training centre for proposed equine business operation Site Address: Burnwynd Farm A723 From Strathaven to Hamilton Strathaven ML10 6TY Applicant: Mr Robert Reid Agent: GlenEtive Projects Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 09 April 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 12 109
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 4B(17)(e) of the adopted Scheme of Delegation 2024 as the Head of Planning and Regulatory Services, in consultation with the Chair of Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The site, which has an area of approximately 0.2 hectares, is located at Burnwynd Farm, to the north of Strathaven. The site is bounded to the north, east and south by open countryside in agricultural and other uses and to the west by a former equestrian stables building. Access to the site is taken via a private access road from the A723 Strathaven to Hamilton road, which is located to the west of the application site. 3. Description of Proposed Development 3.1. The proposal is for the erection of an equestrian training centre, to be associated with an equestrian business operation that is proposed to be established on the site. The building would be single storey in height and would comprise training rooms, offices and ancillary facilities. Dedicated car parking and garden ground would be provided to serve the building. Access to the site would be taken via the existing private access from the A723 Strathaven to Hamilton road. 4. Relevant Planning History 4.1. The existing dwelling on the site of the former Burnwynd farm, adjacent to the application site, was approved in 2008 (Planning Reference EK/07/0523) and is a domestic property rather than an agricultural business or farm. 4.2. Planning permission was sought for the erection of three dwellinghouses at Burnwynd Farm in 2022 (Planning Reference P/22/0304). The application was subsequently withdrawn by the applicant. 4.3. In July 2024, an application for the erection of a training building associated with the re-establishment of an equine business on site and the erection of a dwellinghouse for a retiring worker was returned pre-validation and the applicant encouraged to consider re-applying for the re-establishment of the equine business only, with no associated proposal for residential accommodation. The current proposal was then submitted as a new application in December 2024. 4.4. Planning permission has also been sought for the erection of a dwellinghouse for a retiring farm worker on a site adjacent to the current application site (Planning Reference P/24/1492). This application was submitted in December 2024 and is the subject of a separate report on the meeting agenda. 5. Supporting Information 5.1. The applicants have submitted a business plan and supporting statement in support of their proposals. 6. Consultations 6.1. Roads, Transportation and Fleet Services – objected to the proposed development, as the access to the site does not meet their requirements and would pose a road safety issue at the junction with the public road. Response: Noted. 6.2. Environmental Services – offered no objection to the proposed development. Response: Noted. 110
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6.3. Scottish Water – offered no objection to the proposed development. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, one letter of comment was received, seeking the provision of appropriate boundary fencing to serve the development. This could be addressed through a condition in the event that planning permission was granted. This letter is 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 8 - Green belts Policy 29 - Rural development 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 DM1 - New Development Design Policy GBRA1 – Rural Design and Development Policy GBRA2 – Business Proposals within Green Belt and Rural Area Policy GBRA3 – New Equestrian Businesses 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. The policies contained within National Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2 (SLLDP2) are the main considerations in this case, together with an assessment of any other material planning considerations. 111
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10.2. Principle of Development In terms of the principle of the development, the site is located within the green belt as designated by Policy 4 – Green Belt and Rural Area of SLLDP2. In addition, Policy 8 – Green belts of NPF4 also provides policy regarding proposed development proposals in green belt locations. 10.3. Policy 8 of NPF4 seeks to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. Section a) of the policy provides a list of development types that will be supported in principle in green belt locations, with other development types not supported by the policy. Further policy relating to the wider rural area is contained in Policy 29 – Rural Development, while Policy 4 – Green Belt and Rural Area of SLLDP2 also provides specific policy in respect of development in green belt locations. 10.4. The provision of an equestrian training centre associated with a proposed start-up equestrian business on site is not a development that is justified by any of the criteria as set out in Section a) of Policy 8. In particular, it is noted that the development would not represent the intensification of an existing established use, given that there are no equestrian operations currently being undertaken at the site. The proposed development is therefore not one that would be appropriate in this sensitive green belt location and fails to comply with the provisions of Policy 8 of NPF4 and Policy 4 of SLLDP2. 10.5. 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 the development is proposed to be sited in an isolated location and appropriate justification has not been provided for the siting of the development at this location. The proposed development is therefore considered to be an unsuitable proposal in an unsustainable location and would therefore not accord with Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2. 10.6. Policy 3 – Biodiversity of NPF4 aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. No proposals to enhance biodiversity as a result of this proposal have been included with the submission. 10.7. Layout, Siting and Design Policies 5 - Development Management and Placemaking, DM1 - New Development Design, GBRA1 – Rural Design and Development and GBRA3 - New Equestrian Businesses of SLLDP2 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. Further policy regarding new proposed businesses in countryside locations is contained in Policy GBRA2. The Council’s Roads, Transportation and Fleet Services has advised that the access arrangements proposed are inappropriate in this case and would create a traffic and road safety issue at the access point from the site to the public road. The proposals therefore fail to comply with the relevant provisions of Policies 5, DM1, GBRA1 and GBRA3 of SLLDP2. 112
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10.8 Conclusion Following a detailed assessment of the proposals, it is considered that the principle of this proposed development within the Green Belt has not been justified in this case, particularly given that the proposed building does not relate to any existing established business operation on site. Furthermore, the development would have an adverse road safety impact at the access from the site to the public road. 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 proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as the proposed development does not relate to any of the development proposals that are supported in a green belt location under section a) part i) of the Policy. 02. The proposal would be contrary to Policy 4 - Green Belt and Rural Area of the South Lanarkshire Local Development Plan 2 (2021) as it has not been appropriately justified in terms of being development which would require to be located within the Green Belt. 03. The proposal would be contrary to Policy 5 - Development Management and Placemaking, Policy DM1 - New Development Design, Policy GBRA1 – Rural Design and Development and Policy GBRA3 - New Equestrian Businesses of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would pose a road safety issue, as an unacceptable vehicular access would be provided to serve the development. David Booth Executive Director (Community and Enterprise Resources) Date: 9 June 2025 Background Papers Further information relating to the application can be found online:- P/25/0333 | Erection of horse training centre for proposed equine business operation | Burnwynd Racing Stables Burnwynd Farm A723 From Strathaven To Hamilton Strathaven ML10 6TY 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 113
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