Agenda Document Pack - Planning Committee - 19/08/2025
South Lanarkshire Council · 19 August 2025
Back to Planning Committee — 19 August 2025 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 11 August 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, 19 August 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 17 June 2025 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Noting 3 Local Place Plans - Stonehouse, Strathaven and Glassford and Lanark Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 14 Item(s) for Decision 4 Application P/24/0165 for Erection of Housing Development (170 Homes) on Undeveloped Vacant Land with Landscaping, Play Areas, Drainage, Road Layouts, New Access Arrangements and Associated Development at Station Road, Netherburn, Larkhall Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 15 - 30 5 Application P/24/0573 for Redevelopment of Existing Farm Buildings to Provide Farm Workers Dwellings, New Agricultural Buildings, Estate Office and Main Farmhouse with Access, Landscaping and Associated Infrastructure - Application to Discharge Conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of Planning Consent P/20/1047 at Auchentibber Farm, Auchentibber Road, Blantyre Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 31 - 36 6 Application P/24/1137 for Redevelopment of Existing Farm Buildings to Provide Farm Workers Dwellings, New Agricultural Buildings, Estate Office and Main Farmhouse with Access, Landscaping and Associated Infrastructure - Application to Discharge Conditions 7, 10 and 14 of Planning Consent P/20/1047 at Auchentibber Farm, Auchentibber Road, Blantyre Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 37 - 42 7 Application P/24/0681 for Extension to Cloburn Quarry to Allow for Continued Extraction and Processing of Hard Rock at Cloburn Quarry, Thankerton, Lanark Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 43 - 62 2
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8 Application P/24/0856 for Erection of House for Retiring Farm Worker at Land 66 Metres Northeast of Crown House Farm, Struther Highway, Sandford, Strathaven Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 63 - 68 9 Application P/24/1236 for Construction and Operation of Renewable Energy Development, Comprising 22 Wind Turbines, Solar Array, Battery Energy Storage System and Associated Infrastructure (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land Either Side of M74 Immediately to the Northwest of Abington Service Station and Approximately 4.5km Southwest of Douglas Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 69 - 80 10 Application P/24/1561 for Erection of Residential Development Comprising of 64 Detached Houses, Access Roads, Landscaping, Land Engineering Operations and Associated Work, Including Demolition of House at Land 100 Metres North of Beechfield Manor, Meikle Earnock Road, Hamilton Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 81 - 94 11 Application P/25/0229 for Change of Use of Nursery (Class 10) to 3 Retail/Professional Service Units (Class 1A) on Ground Floor and HMO Flatted Dwelling (Sui Generis) on First Floor and Associated Alterations, and Formation of Car Park at 51 Machan Road, Larkhall Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 95 - 102 12 Application P/25/0360 for Erection of 2 Storey House for Agricultural Worker at Land 200 Metres Southeast of Newton Farm, Newton Highway, Strathaven Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 103 - 110 13 Application P/25/0388 for Installation of a 20MW Battery Energy Storage System (BESS) with Associated Infrastructure at Plot 4A, Hurlawcrook Road, East Kilbride Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 111 - 120 14 Application P/25/0432 for Change of Use of House (Class 9) to Children's Residential Care Home to Accommodate 4 Children, (Class 8 Residential Institution) at 36 Wellhall Road, Hamilton Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 121 - 128 3
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15 Application P/25/0517 for Section 42 Application for Variation of Condition 1 and Deletion of Condition 22 of P/22/0349 Planning Permission in Principle (Residential Developments with Associated Landscaping, Roads, Neighbourhood Centre, Community Facilities and Infrastructure Works (with Environmental Impact Analysis)) to Allow for Any Detailed Design for Further Approval of Matters Specified in Conditons at Larkhall Community Growth Area, Summerlee Road, Larkhall Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 129 - 142 16 Application P/25/0529 for Installation of Flue to Rear Elevation of Existing Building at 15 Montgomery Street, East Kilbride Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 143 - 150 17 Application P/25/0711 for External Alterations Associated with Erection of a Flue to the Rear (Listed Building Consent) at 15 Montgomery Street, East Kilbride Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 151 - 156 18 Application P/25/0555 for Installation of a Battery Energy Storage System (BESS) with a Capacity of up to 30MW and Associated Infrastructure at Land at Langlands Gate, East Kilbride Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 157 - 166 19 Application P/25/0598 for Change of Use of Flatted Dwelling (Sui Generis) to Short-Term Let (Sui Generis) (Retrospective) at Flat 3, 2 School Street, Hamilton Report dated 11 August 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 167 - 172 Urgent Business 20 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 4
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PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 17 June 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 Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor John Ross, Councillor David Shearer, Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Graeme Horne, Councillor Cal Johnston-Dempsey, Councillor Martin Lennon, Councillor Norman Rae, Councillor Graham Scott, Councillor David Watson 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. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 20 May 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 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 A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1246 by Bancon Homes and Paterson Partners for the erection of 152 dwellings with associated infrastructure works and landscaping at land 235 metres southeast of Whiteshawgate Cottage, Whiteshawgate Highway, Strathaven. At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning applications which required completion of a Legal Agreement. If approved, the application would be subject to a Legal Agreement and/or other appropriate mechanism and the approved procedure would apply. 2 5
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The Committee decided: that planning application P/24/1246 by Bancon Homes and Paterson Partners for the erection of 152 dwellings with associated infrastructure works and landscaping at land 235 metres southeast of Whiteshawgate Cottage, Whiteshawgate Highway, Strathaven be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of a Section 75 Agreement and/or other appropriate agreement between the Council, site owner(s) and the applicant [Reference: Minutes of 7 July 2015 (Paragraph 15)] 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 A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1527 by Zoom Developments Holdings Limited for the erection of 28 flats (4 blocks – 3 storey to the front and 2 storey to the rear of the site) with associated access road, parking, bike and bin enclosures, landscaping and demolition of double garage at vacant land at Ladyacre Road, Lanark. The Committee decided: that planning application P/24/1527 by Zoom Developments Holdings Limited for the erection of 28 flats (4 blocks – 3 storey to the front and 2 storey to the rear of the site) with associated access road, parking, bike and bin enclosures, landscaping and demolition of double garage at vacant land at Ladyacre Road, Lanark be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 28 May 2024 (Paragraph 5)] 5 Application P/24/1526 for Demolition of Double Garage at Vacant Land at Ladyacre Road, Lanark A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1526 by Zoom Developments Holdings Limited for the demolition of a double garage at vacant land at Ladyacre Road, Lanark. The Committee decided: that planning application P/24/1526 by Zoom Developments Holdings Limited for the demolition of a double garage at vacant land at Ladyacre Road, Lanark be granted subject to the condition specified in the Executive Director’s report. [Reference: Minutes of 28 May 2024 (Paragraph 4)] 6
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6 Application P/24/1545 for Erection of House at Eastford, B7016 from Forth A706 to Carnwath A70, Forth, Lanark A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1545 by S Carruthers for the erection of a house at Eastford, B7016 from Forth A706 to Carnwath A70, Forth, Lanark. Following discussion, during which an officer responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be refused for the reasons detailed in the Executive Director’s report. Councillor Allison, seconded by Councillor Shearer, moved that the application be granted, subject to conditions to be agreed by the Committee, on the grounds that the application site was within the curtilage of other buildings and was an ideal site to contribute towards increasing the population in the rural area without being detrimental to either the green belt or rural area. 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/24/1545 by S Carruthers for the erection of a house at Eastford, B7016 from Forth A706 to Carnwath A70, Forth, Lanark be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0044 by GSC Red Moss Limited for the construction and operation of a 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. 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 acceptable on the basis that it accorded with the relevant policies in the National Planning Framework 4 and adopted South Lanarkshire Local Development Plan 2. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: (1) that the Scottish Government be informed that South Lanarkshire Council had no objections to planning application P/25/0044 by GSC Red Moss Limited for the construction and operation of a 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; (2) that the Head of Planning and Regulatory Services be authorised to undertake any discussions in relation to further agreements on the proposed conditions, if required, with the Scottish Government; and 7
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(3) that, in addition, the Scottish Government be advised that approval should be subject to the conclusion of:- a legal agreement covering community contribution payments an agreement under Section 96 of the Roads (Scotland) Act 1984 [Reference: Minutes of 7 July 2015 (Paragraph 15)] 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 A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0087 by C Flynn and H Armstrong for the subdivision of garden ground, demolition of detached garage and car port and erection of a dwelling with associated works at Trickle Trout, Highflatt Road, Carmunnock. The Committee decided: that planning application P/25/0087 by C Flynn and H Armstrong for the subdivision of garden ground, demolition of detached garage and car port and erection of a dwelling with associated works at Trickle Trout, Highflatt Road, Carmunnock be refused for the reasons detailed in the Executive Director’s report. 9 Application P/25/0164 for Erection of House and Associated Infrastructure at Tinto View Road, Ashgill, Larkhall A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0164 by A Lister for the erection of a house and associated infrastructure at Tinto View Road, Ashgill, Larkhall. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: that planning application P/25/0164 by A Lister for the erection of a house and associated infrastructure at Tinto View Road, Ashgill, Larkhall be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0274 by BayWa R.e. UK Limited for the construction and operation of a 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. 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. 8
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The application was considered acceptable on the basis that it accorded with the relevant policies in the National Planning Framework 4 and adopted South Lanarkshire Local Development Plan 2. The Committee decided: (1) that the Scottish Government be informed that South Lanarkshire Council had no objections to planning application P/25/0274 by BayWa R.e. UK Limited for the construction and operation of a 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; (2) that the Head of Planning and Regulatory Services be authorised to undertake any discussions in relation to further agreements on the proposed conditions, if required, with the Scottish Government; and (3) that, in addition, the Scottish Government be advised that approval should be subject to the conclusion of:- a legal agreement covering community contribution payments an agreement under Section 96 of the Roads (Scotland) Act 1984 [Reference: Minutes of 7 July 2015 (Paragraph 15)] 11 Application P/24/1492 for Erection of House for Retiring Farm Worker at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1492 by R Reid for the erection of a house for a retiring farm worker at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven. There followed a discussion on the application during which officers responded to members’ questions on aspects of the report. The Committee decided: that planning application P/24/1492 by R Reid for the erection of a house for a retiring farm worker at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 9 June 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0333 by R Reid for the erection of a horse training centre for a proposed equine business operation at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven. There followed a discussion on the application during which officers responded to a member’s question on an aspect of the report. 9
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The Committee decided: that planning application P/25/0333 by R Reid for the erection of a horse training centre for a proposed equine business operation at Burnwynd Farm, A723 from Strathaven to Hamilton, Strathaven be refused for the reasons detailed in the Executive Director’s report. 13 Urgent Business There were no items of urgent business. 10
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Subject Local Place Plans – Stonehouse, Strathaven and Glassford and Lanark 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose inform Planning Committee on the preparation and submission of a Local Place Plan (LPP) for Stonehouse, Strathaven and Glassford, and Lanark advise that Supporting Statements for the Plans demonstrate that the Local Place Plan legislative requirements have been met [ 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) to note the preparation and submission of Local Place Plans for Stonehouse, Strathaven and Glassford, and Lanark; and (2) to note that Supporting Statements for the Plans, that demonstrate that the Local Place Plan legislative requirements have been met, have been registered by the Council and added to the Local Place Plan register on the Council’s website. [1re 3. Background 3.1. Local Place Plans are community produced documents that set out proposals for the development and use of land. They were introduced by the Town and Country Planning (Scotland) 2019 Act and are intended to show community aspirations for future development. 3.2. Regulations to support the preparation of LPPs came into force on 22 January 2022 and these set out the steps a community must take to ensure that their LPP can be registered as valid. 3.3. A LPP must have regard to the Council’s currently adopted Local Development Plan (LDP2) and National Planning Framework 4 (NPF4) as well as the Council’s Community Plan. The LPP gives the community the opportunity to put forward proposals to amend the LDP, but it must submit a statement outlining the reasons for proposing this. These amendments must be taken into consideration when preparing a new LDP. 3 11
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3.4. The Community Body preparing the LPP must carry out a minimum amount of engagement to ensure it reflects the aspirations of local residents and stakeholders. It is a statutory requirement that the Community Body ensures that it contacts all councillors within the LPP area as well as any community councils within the plan area or any that adjoin it. They are also required to seek the wider community’s views on the proposed LPP. 4. Current Position 4.1. As part of the preparation of Local Development Plan 3 (LDP3), the Council published an invitation to prepare LPP’s and this was carried out in late 2023. At the same time a dedicated webpage was created to provide information on how to prepare an LPP and links to other resources available to communities. 4.2. The Council recently received separate LPP’s for registration covering the Stonehouse, Strathaven and Glassford, and Lanark areas. All of them comply with the regulatory requirements. 4.3. At this stage it is not the role of the planning authority to assess the proposals contained within the LPP for their planning merit or deliverability. They will, however, be taken into consideration during the preparation of LDP3. 5. Next Steps 5.1. The LPPs have been checked for validation, and it has been shown the requirements set out in legislation have been met. As a result, the Council has registered them on the website. 5.2. They can be viewed via this link Register of Local Place Plans - South Lanarkshire Council. The Community Bodies will also be advised that registration has taken place. 5.3. As noted above, the proposals in the LPP’s will be taken into consideration when the proposed LDP3 is being prepared. Reference will also be made to them in the Evidence Report which will be considered by the full Council prior to submission to Scottish Ministers later this year. 6. Employee Implications 6.1. The processes involved in validating the LPP’s have been carried out using existing staff resources within Planning and Regulatory Services. 7. Financial Implications 7.1. The financial resources required to assess and register the LPP’s will be met from current budget levels available to Planning and Regulatory Services. 8. Climate Change, Sustainability and Environmental Implications 8.1. As the LPPs have been prepared by external organisations Strategic Environmental Assessment (SEA) is not a requirement in this case. 9. Other Implications 9.1. The Planning Service must take the LPPs into account during the preparation of Local Development Plan 3. 12
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10. Integrated Impact Assessment and Consultation Requirements 10.1. The Local Place Plans have been prepared by community bodies. Under the relevant legislation there is no requirement for the Council to carry out consultation, however, the LPP preparation process was subject to extensive consultation by the community bodies themselves. In addition, there is no requirement for the Council to carry out an Integrated Impact Assessment, Child Rights and Wellbeing and a Fairer Scotland Duty Assessment. David Booth Executive Director (Community and Enterprise Resources) 11 August 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Ambitious, self-aware and improving Good quality, suitable and sustainable places to live We will work towards a sustainable future in sustainable places Previous References None List of Background Papers National Planning Framework 4 - 13 February 2023 Town and Country Planning (Scotland) Act 2019 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tony Finn, Area Manager Email: Tony.Finn@southlanarkshire.gov.uk 13
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0165 Proposal: Erection of housing development (170 homes) on undeveloped vacant land with landscaping, play areas, drainage, road layouts, new access arrangements and associated development Site Address: Station Road Netherburn Larkhall Applicant: Avant Homes Scotland Ltd and Netherburn Green Ltd Agent: Farningham Planning Ltd Ward: 20 Larkhall Application Type: Detailed Planning Permission Advert Date: Hamilton Advertiser 30 January 2025 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions and legal agreement Legal Agreement: Yes – to secure financial contributions towards education, community facilities and affordable housing. Direction to Scottish Ministers N/A 4 15
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the South Lanarkshire Council Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The site extends to 6.75 ha and occupies a central location within the settlement of Netherburn, 3 miles southeast of Larkhall. It is currently vacant, was formerly managed for agriculture and comprises grassland habitats. To the north, the site is bounded by Netherburn Primary School, a playground and a football pitch. To the west and east are residential areas, amenity space and to the south there is a mixture of woodland, semi-natural grassland and further residential areas. Core paths are located adjacent to the northern and southern boundaries. 3. Description of Proposed Development 3.1. Planning permission is sought for a residential development consisting of a mix of 2 / 2.5 storey detached, semi-detached and terraced dwellings (50 five bedroom, 48 four bedroom and 72 three bedroom). The house designs are contemporary and external finishes include red/buff facing brick and dark grey/red roof tiles. 3.2. Access will be taken from Annabelle Road and Station Road via priority junctions. An internal layout of primary and secondary roads will be formed in a looped arrangement around the perimeter connecting to an inner loop in the centre. The footpath network will provide links to the existing core paths to the north and south. 3.3. Surface water will be treated by a SUDS basin in the southwest corner and thereafter will drain into an upgraded culvert for conveyance to a nearby water course. Foul drainage will outfall to an existing sewer. Extensive landscaping and amenity space will be laid out throughout the development with a linear play area at a central amenity focal point forming part of a green corridor through the site. 4. Relevant Planning History 4.1. A Proposal of Application Notice P/21/0011/PAN for a residential development was issued in August 2021 with no further consultation required. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- ⧫ Ecological Appraisal ⧫ Pre-application consultation (PAC) Report ⧫ Site Investigation ⧫ Supporting Planning Statement ⧫ Transport Assessment ⧫ Remediation Method Statement ⧫ Design and Access Statement ⧫ Flood Risk Assessment ⧫ Drainage Statement ⧫ Energy Statement ⧫ Housing needs national release 16
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6. Consultations 6.1. Mining Remediation Authority – No objection subject to conditions relating to necessary remediation and confirmation that the site has been made safe and stable prior to residential occupation. Response: Noted and appropriate conditions could be attached to any decision notice. 6.2. Roads Flood Risk Management – No Objections. Response: The site is not identified as falling within a flood risk area. A Drainage and Flood Risk Assessment and plans showing the proposed drainage system, including SUDS basin and upgraded culvert, have been submitted. If consent is granted, conditions will be attached requiring the completion of self-certification and independent check certificate appendices for drainage and flood risk as listed in the Council's Developer Design Guidance (May 2020). 6.3. Roads, Transportation and Fleet Services – No objection subject to conditions. Response: Noted. 6.4. Environmental Services – No objections, subject to a condition requiring a method statement for piling. Response: Noted. Should planning permission be approved an appropriate condition would be attached to any decision issued. 6.5. Scottish Water – No objection. However, the development may impact upon infrastructure in the proximity of the development site. The applicant must identify potential conflicts with Scottish Water and contact their Asset Impact Team for an appraisal of the proposals. Response: Surface water will be directed into a culvert which is separate from the foul water sewer. Drainage plans indicate development will not directly impact upon the existing sewer pipe which crosses the site adjacent to the western boundary. If consent is granted conditions will be attached requiring confirmation from Scottish Water that they will accept foul water discharge into their system and that the development will not impact upon Scottish Water assets. 6.6. Scottish Power Energy Networks – No objection, however, there are overhead lines and cables within the vicinity of the site and they therefore reserve the right to protect and/or deviate apparatus at the applicant’s expense. Response: If consent is granted an informative will be attached advising on the need to cover the cost of diverting infrastructure. 6.7. Community and Enterprise Resources - Play Provision Community Contributions – The local playpark and nearest bookable football pitch at Ashgill would require investment to accommodate the additional footfall from the development. A contribution per dwelling is requested to cover the upgrading costs. Response: The applicant has agreed to making the requested financial contribution and has asked that the requirement is formalised by a Section 75 agreement. 6.8. Education Resources – No objection subject to appropriate contributions per dwelling for secondary and nursery provision being sought. Response: The applicant has agreed to making the requested financial contribution and has asked that the requirement is formalised by a Section 75 agreement. 17
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6.9. Housing Services – Taking account of existing commitments in the Strategic Housing Investment Plan (SHIP) and demand for housing in this area, preference for the above site is for an affordable housing contribution to be provided in the form of a commuted sum. Response: The applicant has agreed to making the requested financial contribution and has asked that the requirement is formalised by a Section 75 agreement. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement in the local press, a total of 33 objections and 3 support letters have been received. The issues raised are summarised as follows:- Objections:- Amenity ⧫ Netherburn will be spoiled by an array of identical, crammed together, new build houses that detract from the scenery of the area as well as the quiet, peaceful life that many people moved into the area for. ⧫ Potential loss of daylight. ⧫ The development would impact on the tranquillity in the surrounding area and detract from the character of Netherburn. Impact on Natural and Historic Environment ⧫ Impact upon birds and wildlife. ⧫ Destroy land required for wildlife. ⧫ Destroy a green space and wildlife habitats leading to a decline in the wildlife population. Roads Related Matters ⧫ Bus service has been halved. ⧫ The road network is unable to support the volume of cars. ⧫ Roads are in a poor condition. ⧫ Increase in traffic represents a safety hazard. ⧫ Temporary traffic lights for construction would add to commuting times. ⧫ Increase in traffic will cause congestion and compromise emergency vehicles. ⧫ A reduction in available on street parking. Other Matters Raised ⧫ Unsustainable development on a greenfield site. ⧫ Air pollution and noise from construction. ⧫ Potential for subsidence. ⧫ There is only one shop and a small school, the hall is shutting and there is no pub. ⧫ The play park is run down. ⧫ Impact upon water pressure. ⧫ The land is clearly on a flood plain. 7.2. Other non-material planning comments were included in representations. These points relate to:- ⧫ House values will be lowered. ⧫ Preliminary investigations have caused a rat problem. ⧫ The majority of villagers are unaware of the extent of the development. 18
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7.3. Support:- ⧫ Satisfied the developer is addressing issues of concern. ⧫ There is a wider need for new build homes in the local authority area. 7.4. The above issues are considered in the assessment below. These letters are available 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 13 - Sustainable transport 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 8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 7 - Community Infrastructure Assessment Policy 12 - Affordable Housing Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy DM1 New Development Design Policy SDCC2 Flood risk South Lanarkshire Council (SLC) Supporting Planning Guidance The Community Infrastructure Assessment Supplementary Guidance (2022) 9. Guidance 9.1. None applicable. 19
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10. Assessment and Discussion 10.1. The determining issues in the consideration of this application are its compliance with the National Planning Framework 4 (NPF4) and adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 10.2. Principle of Development In the adopted SLLDP2 proposal map the site is included within the settlement boundary of Netherburn where Policy 3 – General Urban Areas and Settlements advises that residential developments on appropriate sites will generally be acceptable. 10.3. The proposal satisfactorily complies with the aims of SLLDP2 Policy 3 and therefore it accords with the spatial strategy of SLLDP2. 10.4. Policy 16 of NPF4 relates to quality homes and seeks to encourage, promote and facilitate the delivery of high quality homes, in the right location. In relation to new housing the policy states that development proposals for new homes on land not allocated for housing in the local development plan will only be supported in limited circumstances. Firstly, they must be supported by an agreed timescale for build out and be consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods. Secondly, the proposal should meet one of the following criteria The delivery of sites allocated in the plan is happening earlier than identified in the deliverable housing land pipeline The proposal is consistent with policy on rural homes The proposal is for smaller scale opportunities within an existing settlement boundary The proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan 10.5. The site is not allocated as housing land in SLLDP2. A detailed programme for the carrying out of the development has been provided. In addition, the proposal accords with the spatial strategy of SLLDP2 in that it involves development of a site within the settlement boundary of Netherburn. As is noted below, it is also consistent with other policies in both NPF4 and SLLDP2; in particular it meets the broader principles of local living in terms of proximity to a primary school, play provision and greenspace, convenience store/post office and public transport to Larkhall which provides a wide range of services. 10.6. Policy 16 also requires one of the criteria in the second part listed above to be met. However, none of these are considered to be compliant. Nevertheless, the proposals do accord with other relevant policies in NPF4 and with the spatial strategy of SLLDP2. The overall aim of Policy 16 is to encourage high quality, affordable homes which are energy efficient and, in a location, where appropriate infrastructure is available which is the case here. On balance, it is considered that the proposal is consistent with the development plan and the principle of housing development on the site is acceptable. The proposal represents a housing opportunity within the settlement boundary and the layout will be enhanced by extensive amenity open space, tree planting and structured landscaping. 10.7. The drainage design will help alleviate localised flooding out with the site. A financial contribution will be made towards the provision of affordable housing, in the catchment area, and the upgrading of a play area and football pitch. Replacing vacant land at the centre of the village with a sensitively designed residential development will result 20
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in environmental and amenity improvements. Overall and on balance, this proposal accords with general aspirations of the development plan. 10.8. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. 10.9. The site is not identified on SEPA flooding maps as being at risk of flooding. Proposed SUDS and upgrading the capacity of a drainage culvert will effectively manage surface water runoff, benefitting neighbouring properties and the drainage network. Conditions are proposed requiring electric vehicle charging points and the implementation of a landscaping scheme which includes native tree and hedgerow planting. The proposal involves development of vacant land within a settlement where there is a shop, primary school and public transport links. Overall, the proposal would not compromise the objectives of NPF4 Policies 1 and 2 and SLLDP2 Policy 2. 10.10. Layout, Siting and Design NPF4 Policy 14 Design Quality and Place and SLLDP2 Policy 5 Development Management and Placemaking and Policy DM1 New Development Design seeks to ensure well designed development that makes for successful places and considers the impact on residential amenity. 10.11. Informal open space and play areas, structural landscaping, links to the existing path network and safe vehicle accesses into and out of the site will create a sense of place with the benefits of a rural lifestyle. A range of housing styles and sizes will be provided, adaptable to the needs of families, couples and individuals. Taking account of orientation and position, the nearest dwellings will not be significantly affected by overshadowing or loss of sunlight and privacy will not be compromised. 10.12. Suitable parking can be provided and Roads, Transportation and Fleet Services in their consultation response did not raise any public or traffic safety issues. The site is not in an identified air quality zone and there is sufficient capacity in the water supply network. Construction noise is covered by separate legislative controls. 10.13. In recognition of historic mine workings, conditions will be attached to ensure the ground is safe and stable for residential occupation. There are no infrastructure constraints. The proposal will not impact upon landscape features, protected habitats, or species. The proposal is therefore satisfactory in terms of NFP4 Policy 14 and SLLDP2 Policies 5 and DM1. 10.14. Facilities within Netherburn include a primary school, convenience store/post office, play park and playing fields and bus routes. There is a wide range of services and shops in Larkhall within a short cycle distance or via an hourly bus service. There are park and ride facilities next to Larkhall station. Netherburn is like many small settlements which rely on nearby larger centres for weekly shopping, employment, health and social care facilities. In view of the circumstances described, the proposal does on balance accord with the aims and intent of Policy 15 Local Living of National Planning Framework 4. 10.15. Community Infrastructure Assessment SLLDP2 Policy 7 Community Infrastructure Assessment states that where development proposals would require capital or other works or facilities to enable them to proceed, financial contributions towards their implementation will be required. Contributions will be sought in relation to affordable housing; roads and transportation; 21
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education provision; recreation; and council-owned community facilities where respective providers assess that the additional demands placed on the services necessitate financial contributions. 10.16. SLLDP2 Policy 12 – Affordable housing advises that for sites of 20 or more units, 25% of capacity should be allocated on site. If on site provision is not viable then a contribution towards affordable housing on alternative sites within the housing catchment area will be sought. 10.17. Community facilities require a contribution towards upgrading the neighbouring play area and a bookable football pitch. Education Resources have requested contributions for nursery and secondary provision. Housing Services advised that a commuted sum for affordable housing elsewhere in the catchment area is appropriate in this instance. The applicant has agreed to these contributions which will be addressed through a legal agreement. In consideration, the terms of SLLDP2 Policies 7 and 12 can be complied with. A Decision to Approve will be withheld until the conclusion of a Section 75 agreement covering the relevant contributions. 10.18. Natural and Historic Environment NPF4 Policy 3 relates to biodiversity and details that all development shall include appropriate measures to conserve, restore and enhance biodiversity. 10.19. There are no protected species or habitats affected by the proposal. Habitats within the site are of limited ecological value. Existing trees shall be retained. The landscaping scheme includes the creation of wetland and grassland meadows and extensive native hedgerow, tree and bulb planting. These features will facilitate wildlife corridors, strengthening local nature networks. Therefore, the proposal accords with NPF4 Policy 3. 10.20. Technical Matters (Flood Risk and 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. SLLDP2 Policy 16 ‘Water Environment and Flooding’ states that any development proposal which will have an unacceptable impact on the water environment will not be permitted. SLLDP2 Policy SDCC2 ‘Flood Risk’ states that the storage and conveyance capacity of the functional floodplain should be safeguarded. 10.21. A SUDS basin and end of line swale will be installed in the southwest corner of the application site. A Flood Risk Assessment has concluded that there is no identified flood risk affecting the proposed development. The finished floor levels of the dwellings would have a substantial freeboard. On neighbouring land there is recorded localised ponding at the junction of Netherburn Road/Station Road and along Crossing Lane caused by flow impediment to a water course. During heavy rainfall there could be minor encroachment in the southwest corner of the site where the SUDS basin is located. Surface water drainage from the SUDs basin will connect into an upgraded culvert (new 900mm pipe) providing conveyance capacity for present and proposed development and the water catchment whilst alleviating localised flooding on neighbouring land referred to above. It is considered that the proposal complies with the objectives and purpose of NPF4 Policy 22 and SLLDP2 Policy 16 and SDCC2. 22
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10.22. Travel and Transport NPF4 Policy 13 Sustainable Transport advises that for significant car generating developments, a Transport Assessment and Travel Plan would be required. Over reliance on private car journeys will be discouraged. SLLDP2 Policy 15 Travel and Transport advises that active travel and the availability and/or provision of public transport facilities, should be fundamental to the design and locational elements of new development. New development proposals should promote opportunities for travel by sustainable travel modes in the following order of priority – walking, cycling, public transport and car. SLLDP2 Policy SDCC4 Sustainable Transport states development should incorporate access to public transport routes and hubs and have regard to the core path plans. In addition, to address climate change and support the use of electric vehicles, the Council will seek the inclusion of electric vehicle charging points within new developments. 10.23. A Transport Assessment has been submitted, and new priority junctions have been designed to a satisfactory standard, adequate parking and cycle storage can be provided and the road system includes traffic calming measures and safe crossings. The layout will have segregated and safe links to local facilities via walking and cycling networks. The residential development is accessible by public transport and the additional demand may result in the extension of the existing bus service to Larkhall. There are regular buses to Larkhall where a wide range of shops, services and employment opportunities can be accessed. There is also a park and ride facility, with sufficient parking provision adjoining Larkhall Railway Station from where there are half hourly trains to Hamilton, Glasgow and the wider conurbation. In considering these factors, the proposal accords with NPF4 Policy 13 and SLLDP2 Policies 15 and SDCC4. 10.24. Issues Raised by Objectors The majority of issues raised have been addressed throughout the assessment. A recurring theme relates to additional pressure upon public facilities such as medical centres and dental practices. Addressing such demand is the responsibility of the service provider and falls out with the planning remit. Notwithstanding, it should be noted that the original application was for 230 units, and this has now been significantly reduced to 170 units. 10.25. Conclusion The proposal will result in the development of land within the settlement boundary of Netherburn. It complies with the principles of local living. There is a national housing crisis and this residential development will help meet demand for housing in the Larkhall area. The village will benefit from access to good quality amenity open space. Extensive landscaping including native hedgerow and tree planting will ensure a net gain to biodiversity. The road network and neighbouring amenity will not be adversely affected. Installation of a new drainage culvert will alleviate localised flooding close to the site. Contributions from the developer for affordable housing and to upgrade community/roads and educational facilities will be secured through a legal agreement. Overall, it is considered that the proposal accords with the spatial strategy in the development plan. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendations:- Grant detailed planning permission (subject to conditions listed and the conclusion of a Section 75 agreement for financial contributions towards educational provision, community facilities and affordable housing). 23
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1) Planning Permission should not be issued until an appropriate obligation under Section 75 of the Planning Act, and/or other appropriate agreement, has been concluded between the Council, the applicant(s) and the site owner(s). This planning obligation should ensure that appropriate financial contributions are made at appropriate times during the development towards the following: - Financial contribution towards nursery and secondary school provision, community facilities and affordable housing. 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. If, however, this matter is being progressed satisfactorily the applicant will be offered the opportunity to enter into a Processing Agreement, if this is not already in place. This will set an alternative agreed timescale for the conclusion of the Planning Obligation. All reasonable legal costs incurred by the Council in association with the above Section 75 Obligation shall be borne by the applicant. Recommended 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 of the dwellinghouses situated on the site upon which a fence is to be erected is occupied, the fencing and walls, shown on the approved plans, shall be erected. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That no trees within the application site shall be lopped, topped, pollarded or felled, and no shrubs or hedges shall be removed from the application site without the prior written consent of the Council as Planning Authority. Reason: In the interests of amenity and to ensure the protection and maintenance of the existing trees and other landscape features within the site. 04. That the landscaping scheme relating to the development hereby approved shall be carried out simultaneously with the development, or each phase thereof. Reason: In the interests of the visual amenity of the area. 24
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05. The recommendations and mitigation measures as listed in the Ecological Appraisal Report (LUC, November 2022) shall be fully complied with. Reason: In the interests of biodiversity and wildlife. 06. That before any work commences on the site, a scheme for the provision of play area(s) within the site shall be submitted to the Council as Planning Authority for written approval and 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 the fences to be erected around the play area(s); and (d) details of the phasing of these works unless agreed in writing by the Council as Planning Authority. Reason: To ensure the provision of adequate play facilities within the site and in order to retain effective planning control. 07. That prior to the completion or occupation of the last dwellinghouses within the development, all of the works required for the provision of equipped play area(s) included in the scheme approved under the terms of Condition 06, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area. Reason: To ensure the provision of adequate play facilities within the site. 08. That proposals for the maintenance of all areas of open space/play areas within the development shall be submitted to the Council as Planning Authority and no work on the site shall be commenced until the permission of the Council has been granted for these proposals or such other proposals as may be acceptable. Reason: In the interests of the visual amenity of the area. 09. That no development shall commence until compliance of proposed drainage system with the principles of sustainable urban drainage systems and with the Council's Developer Design Guidance (May 2020) has been proven through the submission of the following signed appendices: C 'Sustainable Drainage Design Compliance certificate', D 'Sustainable Drainage Design Independent Check Certificate’ and E 'Confirmation of Future Maintenance of Sustainable Drainage Apparatus'. The development shall not be occupied until the surface drainage works have been completed in accordance with the approved details. 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. 10. Prior to the commencement of works on site, self-certification and independent check certificates appendices A and B (refer to the Council's developer design guidance May 2020) duly signed by the relevant party shall be submitted to the Council. 25
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Reason: To ensure that works proposed are not at risk of flooding and will not increase the likelihood of flooding elsewhere. 11. No development shall commence until:- Any remediation works and/or mitigation measures to address coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure safe development and mitigate against ground instability on site for the lifetime of the development. 12. Prior to the occupation of the development, or it being brought into use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by the recorded mine entry. Reason: To ensure that the risks associated from historical and/or current mining activity are minimised in the interests of public safety and ground stability for the future users of the proposed development and the neighbouring land. 13. 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 noise, vibration and disturbance to neighbouring residents/occupants during blasting. 14. That unless otherwise agreed in writing, Core Paths along the northern and southern boundaries of the site shall remain unimpeded at all times during construction works on site. Reason: In the interests of public access. 15. Prior to the occupation of any dwelling within the development, the access roads and footpaths linking the property to the existing public road shall be completed and available for use. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the development. 26
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16. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 43 metres measured from the road channel shall be provided on both sides of the access on to Station Road. Reason: In the interests of traffic and public safety. 17. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a visibility of 2.4 metres by 43 metres measured from the road channel shall be provided at the emergency access on to Annabella Road. Reason: In the interests of traffic and public safety. 18. That prior to commencing works on site the developer shall submit, for the written approval of the Council, a Traffic Management Plan (TMP) which shall include construction traffic access/egress arrangements and routes from suitable 'A' Class roads. The TMP should include information such as, but not limited to, construction access routes to/from the site, wheel washing facilities, site car parking for operatives/visitors and any temporary site access arrangements. Once approved, all works shall be undertaken in accordance with the TMP. No construction traffic access shall be permitted on routes not agreed with the Council as written through the TMP. Reason: In the interest of road safety. 12. Reason for Decision 12.1. The proposal will not adversely impact on residential amenity, biodiversity and road safety, and makes optimum use of vacant land within the settlement of Netherburn, helping to meet demand for housing. The proposal accords with Policies 1, 2, 3, 13, 14, 15, 16 and 22 of National Planning Framework 4 and Policies 2, 3, 5, 7, 12, 15, 16, DM1 and SDCC2 of the South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- Erection of housing development (170 homes) on undeveloped vacant land with landscaping, play areas, drainage, road layouts, new accesses arrangements and associated development. 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. 27
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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 28
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Addendum Specifying Heads of Terms in relation to any relevant legal agreement. Planning Application No. P/24/0165 Development Description Erection of housing development (170 homes) on undeveloped vacant land with landscaping, play areas, drainage, road layouts, new accesses arrangements and associated development. Site Address Station Road Netherburn Larkhall Applicant Avant Homes Scotland Ltd and Netherburn Green Ltd Date of Committee 19 August 2025 Type of obligation Section 75 Obligations Resource Summary of Required Contributions Community Contributions towards a number of community assets in the area including a nearby play area and a football pitch. Education Contributions towards education requirements at the following locations:- Secondary and nursery provision in the local area Housing Financial contribution towards the provision/improvement of affordable housing within the surrounding area. Roads N/A 30
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0573 Proposal: Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure - Application to discharge conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of planning consent P/20/1047 Site Address: Auchentibber Farm, Auchentibber Road, Blantyre Applicant: AC Land Regeneration Agent: Page Park Architects Ward: 18 - Hamilton West and Earnock Application Type: Approval of matters specified in conditions Advert Date: Hamilton Advertiser 25 July 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Approve discharge of conditions Legal Agreement: No Direction to Scottish Ministers No 5 31
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site extends to approximately 11ha and is located to the west of Hamilton. The site is situated within the designated Greenbelt. 2.2. The site comprises agricultural fields located to the north of Auchentibber Road and includes the existing derelict buildings of Auchentibber Farm. The perimeter of the site is enclosed by established hedgerows and there is an area of woodland adjacent to Auchentibber Farm Steading. The topography of the site falls from the south to the north. 2.3. The existing access to the site is via Auchentibber Road. 3. Description of Proposed Development 3.1. Planning permission in principle was granted by the Planning Committee on 7 September 2021 for ‘Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure (Planning Permission in Principle)’ (P/20/1047). 3.2. The current application for Approval of Matters Specified in Conditions seeks to discharge conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of planning consent P/20/1047 to facilitate the re-occupation of the dilapidated farm buildings and the erection of a new farmhouse, agricultural buildings and an estate office. The proposal seeks to create a traditional estate which reflects rural features whilst simultaneously incorporating contemporary design elements. 3.3. Condition 1 of consent P/20/1047 specifies that all relevant matters such as layout, siting, design, boundary treatments, landscaping and ground levels are submitted to and approved by the Planning Authority. Condition 2 relates to the site masterplan, condition 3 requires the submission of SUDS details, condition 4 is associated with the sewage system and condition 5 relates to traffic generation. In addition, condition 6 requires details of the vehicular passing places, condition 8 relates to visibility splays, condition 9 is associated with vehicular access and condition 11 requires the provision of adequate parking spaces at the site. 3.4. Conditions 12 and 13 of consent P/20/1047 relate to site investigation and remediation works and condition 15 requires details of the phasing of the development. Condition 16 relates to ecology at the site, condition 17 requires details of the structure of the existing farm buildings and condition 18 is associated with tree survey work at the site. In addition, condition 19 restricts the heights of the proposed buildings on site and condition 20 relates to extensions to the existing buildings. 3.5. The information submitted relates to the discharge of the conditions attached to the planning permission in principle (Ref. P/20/1047). 4. Relevant Planning History 4.1. Planning permission in principle was granted by the Planning Committee on 7 September 2021 for ‘Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, 32
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landscaping and associated infrastructure (Planning Permission in Principle)’ (P/20/1047). 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Energy and Sustainability Statement Site Investigation Report Transport Statement Dilapidation Survey Design and Access Statement Biodiversity Statement 6. Consultations 6.1. Roads Development Management Team - No objection to the proposed development and advise that a Section 56 road opening permit will be required. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no letters of representation 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 the national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 4 - Natural Places Policy 8 - Green Belts Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking 33
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Policy DM1 - New Development Design Policy GBRA4 - Conversion and Re-use of Existing Buildings Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction This is an approval of matters specified by condition application to discharge conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 which were attached to Planning Permission P/20/1047. These conditions cover a wide range of matters relating to the development. 10.2. Following the determination of the previous Planning Permission in Principle application, the acceptability of the re-use and redevelopment of the existing farm buildings, the erection of a new farmhouse, estate office, agriculture buildings and associated infrastructure has already been established. 10.3. Matters Specified by Conditions In relation to condition 1 (a-g) the applicant has submitted detailed drawings for each of the elements of the proposal and this is supported by a Design and Access Statement. The proposals for the farm offices and farm sheds are functional and the design reflects the rural character of the area. The details for the restoration of the existing derelict buildings on site illustrate that three dwellings will be created. The proposed restoration seeks to preserve the historic fabric of the buildings but incorporates contemporary design elements and some modern materials. The design of the new farmhouse is high quality, contemporary and utilises modern materials. Following assessment, in the context of the topography of the site and the submitted landscaping drawings, in this instance the proposed details submitted for condition 1 are considered to be acceptable and do not raise any significant policy issues in the context of NPF4 and the LDP. 10.4. With regards to condition 2, an updated masterplan has been submitted and is considered acceptable. 10.5. The submitted details relating to the surface water drainage and sewage system at the site, required under the terms of conditions 3 and condition 4, are considered acceptable. 10.6. A Transport Assessment and detailed drawings have been submitted and accepted, in consultation with Roads, Transportation and Fleet Services, in relation to the matters detailed within conditions 5, 6, 8, 9 and 11. 10.7. A site investigation report has been submitted in relation to the matters specified in conditions 12 and 13 and is accepted. 10.8. A phasing plan has been submitted which satisfies the terms of condition 15. 10.9. In relation to the natural environment, the information provided in relation to the protection of species habitats on the site and the existing trees at the site is accepted in relation to conditions 16 and 18. 34
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10.10. With regards to condition 17, the submitted Dilapidation Survey of the existing farm buildings on site has been accepted. In relation to the design of the restoration of the existing farm buildings, the submitted drawings illustrate that the proposal accords with the details of conditions 19 and 20. In addition, the proposed new farmhouse has been designed to accord with the matters detailed in condition 19 relating to storey height. 10.11. Conclusion In conclusion, the principle of the redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, an estate office and main farmhouse with access, landscaping and associated infrastructure on this site is supported by the existing Planning Permission in Principle. The design, layout and general impact of the development is considered to be acceptable within the Greenbelt and the proposal raises no significant environmental or infrastructure issues. The detailed drawings and supporting information have addressed conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of planning permission in principle P/20/1047 and it is considered that the approval of matters specified in these conditions is appropriate. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant approval of matters specified by conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of planning consent P/20/1047. 12. Reason for Decision 12.1 The applicant has submitted the information necessary to discharge conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of planning permission in principle P/20/1047. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/24/0573 | Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure - Application to discharge conditions 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19 and 20 of consent P/20/1047 | Auchentibber Farm Auchentibber Road Blantyre Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 35
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1137 Proposal: Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure - application to discharge conditions 7, 10 and 14 of planning consent P/20/1047 Site Address: Auchentibber Farm, Auchentibber Road, Blantyre Applicant: AC Land Regeneration Agent: Page Park Architects Ward: 18 - Hamilton West and Earnock Application Type: Approval of matters specified in conditions Advert Date: Hamilton Advertiser 17 July 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Approve discharge of conditions and attach continuing conditions Legal Agreement: No Direction to Scottish Ministers No 6 37
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site extends to approximately 11ha and is located to the west of Hamilton. The site is situated within the designated green belt. 2.2. The site comprises agricultural fields located to the north of Auchentibber Road and includes the existing derelict buildings of Auchentibber Farm. The perimeter of the site is enclosed by established hedgerows and there is an area of woodland adjacent to Auchentibber Farm Steading. The topography of the site falls from the south to the north. 2.3. The existing access to the site is via Auchentibber Road. 3. Description of Proposed Development 3.1. Planning permission in principle was granted by the Planning Committee on 7 September 2021 for ‘Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure (Planning Permission in Principle)’ (P/20/1047). 3.2. The current application for Matters Specified in Conditions seeks to discharge conditions 7, 10 and 14 of consent P/20/1047 to facilitate the re-occupation of the dilapidated farm buildings and the erection of a new farmhouse, agricultural buildings and an estate office. The proposal seeks to create a traditional estate which reflects rural features whilst simultaneously incorporating contemporary design elements. 3.3. Condition 7 of consent P/20/1047 requires the submission of details of the parking, turning and cleaning facilities for vehicles during the construction phase of the development. Condition 10 relates to the submission of a dilapidation survey of Auchentibber Road. In addition, condition 14 relates to the implementation of an archaeological watching brief. 3.4. The information submitted relates to the discharge of the conditions attached to the planning permission in principle (Ref. P/20/1047). 4. Relevant Planning History 4.1. Planning permission in principle was granted by the Planning Committee on 7 September 2021 for ‘Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure (Planning Permission in Principle)’ (P/20/1047). 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Archaeological Mitigation Works Written Scheme of Investigation Dilapidation Survey 38
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6. Consultations 6.1. Roads Development Management Team - No objection to the proposed development. Response: Noted. 6.2. West of Scotland Archaeology Service – The submitted method statement for the watching brief is acceptable. However, they have advised that the on-site work still requires to be completed and the post-excavation analysis of recovered material and the publication of results requires to be undertaken between the developer and the archaeological contractor. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, there have been no letters of representation received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 4 - Natural Places Policy 8 - Green Belts Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy DM1 - New Development Design Policy GBRA4 - Conversion and Re-use of Existing Buildings Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings 39
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9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction This is an approval of matters specified by condition application to discharge conditions 7, 10 and 14 which were attached to planning consent P/20/1047. These conditions cover a range of matters relating to the development. 10.2. Following the determination of the previous Planning Permission in Principle application, the acceptability of the re-use and redevelopment of the existing farm buildings, a new farmhouse, estate office, agriculture buildings and associated infrastructure and landscaping has already been established. 10.3. Matters Specified by Conditions In relation to condition 7, the applicant has submitted a drawing which illustrates the details of the proposed site compound and construction vehicle cleaning facilities. Following consultation with Roads, Transportation and Fleet Services, these details are considered acceptable and the terms of condition 7 have been satisfied. 10.4. The submitted Auchentibber Farm Dilapidation Survey has been reviewed and accepted in relation to the first element of condition 10. This condition also requires that, following the completion of all construction activities on site, any defects and repair works require to be undertaken by the applicant. Therefore, it is recommended that a new condition is attached relating to any future repair works to the road which shall remain for the duration of the development. 10.5. With regards to condition 14, the submitted Archaeological Mitigation Works Written Scheme of Investigation has been accepted. However, it is recommended that a new condition is attached relating to the archaeological on-site works. 10.6. Conclusion In conclusion, the principle of the redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, an estate office and main farmhouse with access, landscaping and associated infrastructure on this site is supported by the existing Planning Permission in Principle. The design, layout and general impact of the development is considered to be acceptable within the green belt and the proposal raises no significant environmental or infrastructure issues. The drawings and supporting information have addressed conditions 7, 10 and 14 of planning permission in principle P/20/1047 and it is considered that the approval of matters specified in this condition is appropriate. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant approval of matters specified by conditions 7, 10 and 14 of consent P/20/1047 and attach the following conditions:- 01. Following the construction phase of the development and before any buildings are occupied on site, any repair works required to Auchentibber Road shall be completed. Reason: In the interests of road safety. 40
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02. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Council as Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Reason: In order to safeguard any archaeological items of interest or finds. 12. Reason for Decision 12.1. The applicant has submitted the information necessary to fully discharge condition 7 and partially discharge conditions 10 and 14 of planning permission in principle P/20/1047. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/24/1137 | Redevelopment of existing farm buildings to provide farm workers dwellings, new agricultural buildings, estate office and main farmhouse with access, landscaping and associated infrastructure - Application to discharge conditions 7, 10 and 14 of consent P/20/1047 | Auchentibber Farm Auchentibber Road Blantyre G72 0TW 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 41
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0681 Proposal: Extension to Cloburn Quarry to allow for continued extraction and processing of hard rock Site Address: Cloburn Quarry, Thankerton, Lanark, ML11 8SR Applicant: Cloburn Quarry Company Limited Agent: Dalgleish Associates – Willie Booth Ward: 03 – Clydesdale East Application Type: Full Planning Permission Advert Date Edinburgh Gazette – 12 July 2024 Lanark Gazette – 10 July 2024 Development Plan Compliance: Yes Departures: None Recommendation: Grant subject to Conditions, Section 75 Agreement and Section 96 Agreement Legal Agreement: The Committee should note that the planning permission, if granted, should not be issued until such times as the following matters have been concluded: A Section 75 Agreement to secure:- 1. Financial contributions towards the South Lanarkshire Rural Communities Trust Fund; and 2. A guarantee to cover all site restoration and aftercare liabilities A Section 96 Agreement to ensure the suitable upkeep and repair of roads within the vicinity of the site. The applicant will be responsible for meeting the Council’s reasonably incurred legal expenses in respect of the legal agreements. Direction to Scottish Ministers Not Required. 7 43
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1. Reason for Report 1.1. This application is presented to Committee as it constitutes a major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the approved South Lanarkshire Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Location and Description 2.1. The application site extends to some 15ha in area and lies adjacent to the northern and western boundaries of the current operational area associated with Cloburn Quarry. The existing quarry lies some 5km to the east-southeast of Lanark, with the village of Pettinain lying some 750m to the north-east of the quarry. The closest residential properties to the existing quarry lie within the southernmost part of Pettinain, some 500m to the north, together with a number of properties on Glentisset Road, sitting between 450m and 550m to the northwest side of the site, and on the A73 opposite the access to the site. 2.2. An area of coniferous woodland lying on the north facing slope of Westraw Hill (sitting to the immediate north of the excavation area), was felled in 2021 as part of the ongoing Woodland Management Plan covering the wider area, with the site of the extension proposed under this application comprising part of this felled woodland area. 3. Description of Proposed Development 3.1. Under this application, full planning permission is sought for an extension to the existing operational quarry at Cloburn Quarry. The proposed extraction operation would be carried out over 7 phases, covering a period of 42 years together with a further period of 2 years to cover restoration works. It is estimated that some 42 million tonnes of blue and red felsite will be extracted over this period. 3.2. During phases 1 and 2, excavation operations would extend the existing development area to its northern, north-western and western sides. The development of the western end of Cairngryffe Hill will remove the existing high quarry faces and will allow the creation of a new quarry access to ramp down to a level of 275m AOD. Phases 3 to 7 progressively develop the quarry downwards within the existing ‘bowl’ to a maximum depth of 182m AOD. 3.3. From phase 3 onwards, all quarry processing waste will be deposited within an existing void at Swaites Hill within the current operational site. By the end of phase 7 the combination of quarry dust and processing waste will allow this former excavation area to be reinstated close to its original ground level. The proposed restoration scheme is designed to restore prominent areas of the quarry at the earliest opportunity, with the scheme itself largely replicating the approved restoration scheme for the existing quarry. 3.4. The quarry currently operates on a 24-hour basis throughout the week. The main operations comprise the transportation of material from the site between 7am and 7pm and processing which is carried out between 6.30am and 5pm. Blasting is undertaken between 10am and 4pm on Monday to Friday. Only other non-audible activity is carried out outwith these times. The quarry currently generates an average of 271 daily vehicle movements Monday to Friday based on a current average output of 1m tonnes a year. The applicants are planning to increase this output to 1.2m tonnes which would equate to 355 daily traffic movements, equivalent to an additional 15 two- way HGV movements per hour. Approximately 80% of these trips would go northwards towards Ravenstruther Rail terminal via Hyndford Bridge. 44
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4. Relevant Planning History 4.1. Cloburn Quarry has been in operation since 1896. The site originally operated as two separate quarries, Cairngryffe and Cloburn, and since both of these quarries were acquired by Cloburn Quarry Company Limited in 1987 they have been worked as a single unit. 4.2. The quarry currently operates under planning permission reference CL/09/0086, issued by the Council on 10 July 2013. Amongst other things this planning permission requires that the extraction ceases by 10 October 2033, with the restoration of the site being completed within a period of two years thereafter. 4.3. Planning application reference CL/14/0140 (the Swaites Hill extension) was granted by the Council on 4 November 2014. This planning permission requires the extraction works to cease by June 2031 with the restoration being completed within a period of 2 years thereafter. 4.4. Planning application reference CL/16/0175 was issued by the Council on 1 July 2016 for an extension to the “dust storage area”. 4.5. In addition to this application three further separate applications have been submitted under section 42 of the Town and Country (Planning) Scotland Act 1997. They seek to amend conditions attached to the three planning permissions described above in order to reflect the position if this application were granted. 5. Supporting Information 5.1. The planning application submission is supported by the following reports/documents:- Environmental Impact Assessment Report Planning Statement 6. Consultations 6.1. Roads Development Management No objection to the quarry being extended based on potential increases to annual tonnages and trip distribution as set out in the submission subject to conditions relating to the provision and maintenance of sightlines onto the A73; the sheeting of laden lorries leaving Cloburn Quarry; the removal of mud or other materials deposited on the public highway by vehicles entering or leaving the site; all vehicles entering or leaving the site shall use the access road to and from the A73; and the procurement and installation of two new traffic signal programme boards (proms) at the Hyndford Bridge signalised junction. In addition, the existing Section 96 Agreement covering extraordinary wear and tear of the public road at the site entrance shall be continued to cover the extended life of the quarry. Response: Noted. Appropriate conditions will be applied to any consent that is granted to address these issues. In addition, if the application is approved the decision notice shall be withheld until a replacement Section 96 agreement is in place. 6.2. Environmental Services No objection to the proposed development subject to the imposition of appropriate conditions relating to noise emissions, dust management, blasting and hours of operation. Response: Appropriate conditions will be applied to any consent that is granted to address these issues. 45
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6.3. NatureScot have raised no objection to the proposed development as there would be no impact on national or internationally designated sites of nature conservation importance. They also advise that while additional landscape and visual impacts are likely to arise these effects do not raise issues of national interest. They have no objections subject to appropriate conditions being attached to any planning permission to control the timing of operations to ensure the suitable protection of birds nesting within the area. Response: Appropriate conditions will be applied to any consent that is granted to address these issues 6.4. SEPA Intially submitted a holding objection based upon lack of information relating to the potential impact of the proposed development on an existing private water supply. Following discussions between SEPA and the applicant’s agent, this issue has now been resolved to the satisfaction of SEPA. In addition, they require a condition to be attached to any consent requiring confirmation of the amount of peat extracted and its management if needed. Response: Appropriate conditions will be applied to any consent that is granted to address these issues 6.5. West of Scotland Archaeological Service No objection subject to the imposition of a condition dealing with pre-commencement site investigation. Response: An appropriate condition will be applied, to any consent that is granted to address this issue. 6.6. Scottish Gas Networks Raise no objection to the proposed development. Response: Position noted. 6.7. Transport Scotland Were consulted as the proposal is an Environmental Impact Assessment (EIA) application, however, they raise no objection to the proposed development. Response: Position noted. 6.8. Historic and Environment Scotland (HES) Advise they are content with the EIA report submitted with the application and are satisfied issues they raised at the scoping stage have been addressed sufficiently to mitigate any concerns. Response: Position noted. 6.9. Forestry Scotland Raise no objection to the proposed development as the proposal does not impact on any forestry interest. Response: Position noted. 6.10. Carmichael Community Council Advise they object to the application for the reasons set out in the objection submitted by the Cairngryffe Hill Action Group. Response: The points raised by the Cairngryffe Hill Action Group are reported upon in section 10 of this report. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 68 letters objecting to the proposed development have been received. 62 letters supporting the proposed development have also been received. 46
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7.2. The issues raised within the submitted letters of objection are as follows:- Loss of visual amenity and unacceptable levels of visual intrusion Adverse impacts associated with noise associated with the operation of the quarry Adverse impacts associated with dust emitted during the extraction operations. Light pollution Noise impacts associated with blasting Adverse landscape impacts including permanent damage to the qualities of the Special Landscape Area in which the site is located both during the extraction and following the creation of the lochan as part of the restoration proposals Adverse impacts upon local road network No need for the development has been demonstrated 7.3. The issues raised within the letters of objection are considered within the assessment section of this report. 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 crisis • Policy 2 – Climate mitigation and adaptation • Policy 3 – Biodiversity • Policy 4 – Natural places • Policy 5 – Soils • Policy 29 – Rural development • Policy 33 – Minerals 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 Policies Policy 1 – Spatial Strategy Policy 2 – Climate Change Policy 4 – Green Belt and Rural Area Policy 5 – Development Management and Placemaking Policy 13 – Green Network and Greenspace Policy 14 – Natural and Historic Environment Policy 15 – Travel and Transport Policy 16 – Water Environment and Flooding Policy 19 – Minerals Development Policy GBRA2 – Business Proposals within Green Belt and Rural Area 47
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MIN1 – Settlements MIN2 – Cumulative Impact MIN3 – Restoration MIN5 – Controlling Impacts from Extraction Sites MIN6 – Community Benefit 9. Guidance 9.1. Planning Advice Note 50 – Controlling the environmental effects of surface mineral workings and its associated Annex A are of relevance to the assessment of this application. 10. Assessment and Discussion 10.1. Introduction The applicant seeks detailed planning permission for an extension to the existing quarrying operations at Cloburn Quarry. The determining issues in the consideration of this application are its compliance with the development plan, which consists of National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 10.2. Principle of Development The application under consideration proposes an extension to Cloburn Quarry involving the continued extraction of hard rock within the confines of the existing quarry. Quarrying activity is long established at the site and therefore the principle of this form of operation at this location is acceptable. Nevertheless, the overall scale of the proposals must be assessed against current development plan policies. 10.3. The site is identified as lying within the designated Rural Area in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). Policy 4 Green Belt and Rural Areas states that, amongst other things, both the green belt and rural areas function primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. 10.4. Policy GBRA2 Business Proposals within Green Belt and Rural Area sets out a range of types of development that are considered appropriate within such areas including mineral extraction proposals which accord with Policy 19 Minerals of the SLLDP2. As a matter of broad principle, the proposed continued use of the application site for mineral extraction purposes would be in accord with the terms of Policy 4 and Policy GBRA2, with the overall acceptability resting on the extent to which the proposed development can be justified against the terms of Policy 19. 10.5. Policy 19 provides specific policy guidance relative to minerals developments and advises, amongst other things, that in assessing applications for mineral extraction, the Council will balance the economic and other benefits from the development against any potential impacts on the environment and local communities. 10.6. Due to the high-quality nature of the felsite material quarried at Cloburn, the quarry is one of a very small number of suppliers that produces railway ballast and is a key strategic supplier for the entire Network Rail network. The quarry also exports material to other national and international markets which sets it apart from most quarries which generally produce material which is used within a distance of 30 miles or so from the quarry. It is therefore acknowledged that there are wider economic benefits associated with the continued operation of this strategically important source of quarried material. It would also help retain the approximately 30 direct jobs as well as other indirect employment. As a result, it is considered that the proposed development can be justified against the economic benefit aspect of Policy 19. 48
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10.7. As noted above, Policy 19 also requires that, in assessing applications for mineral developments, regard should be had to the potential impacts of the proposed development on the environment and local communities. The application is supported by a full Environmental Impact Assessment Report which has been considered by statutory consultees. A summary of the impact of the proposals on relevant matters is now set out. 10.8. Landscape and Visual Impact A Landscape and Visual Impact Assessment (LVIA) was submitted with the application. The stated purpose of the LVIA was to assess the likely impacts that the proposed development would have upon the receiving landscape and local communities. The LVIA was subject of review by external consultants who confirmed that the assessment has been carried out using a methodology which broadly accords with current best practice. There are several areas of the report that the consultant highlights in relation to the assessment of sensitivity, the magnitude of change and significance and the cumulative impact. Where differences are identified, this was assessed as being largely due to variances in the assessment approach taken and did not undermine the overall findings of the assessment. 10.9. The proposed development lies in a transitional landscape of farmland and foothills set between a loop of the River Clyde and the prominent Tinto Hills to the south. It lies within the Undulating Farmland and Hills Landscape Character Type (LCT), south and east of the Plateau Farmland LCT and north of Rounded Landmark Hills LCT. This area lies within the Upper Clyde Valley and Tinto Special Landscape Area (SLA). The special qualities of the SLA include the meandering river Clyde set in a broad valley enclosed by the Southern Uplands and Tinto Hill as well as the frequent visitors to the area due to the major transport routes passing through and popular hillwalking destinations including Tinto Hill. While these would be visually affected to some extent, the existence of the existing quarry within the SLA must be considered in the baseline, reducing the potential for adverse effects. 10.10. The main landscape and visual effects of the proposed development relate to the site and its close surroundings including the host LCT and closest properties and Pettinain. The proposed development would have slight impacts on the LCT but importantly would not introduce any new features into the landscape. The principal effects are likely to occur in the earlier years of operation, during phases 1 and 2, where changes to the landform of Cairngryffe and Westraw Hills would be greatest and operations required to take down the landform would periodically be visible. 10.11. The changes would be widely visible and seen over a period of several years. However they would take place in the context of the existing operational quarry, which is already visible from all but the closest locations on lower ground to the west and south of the site. It is these locations that would experience the greatest level of change and significant adverse effects although they would be temporary in nature. 10.12. The western ridge of the current working area runs at a height of 310/311m above ordnance datum (AOD) and would be reduced to a height ranging between 285/290m AOD following the extraction works. There would be limited opportunity for mitigation in these areas during the period in which the landforms are reduced. However, in later phases the quarry workings will be screened by the retained landform and proposed planting. The effects in later phases, and following full restoration, are therefore likely to be neutral or increasingly beneficial by comparison with the existing baseline of the quarry. 49
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10.13. More distant receptors will see the upper southeast side of the quarry where it is intended to carry out planting to the visible retained landforms. The proposed development is a limited extension to an existing quarry that is already quite widely visible. The restoration proposals will gradually result in a beneficial effect on the landscape and visual receptors by comparison with the current operational quarry. In terms of cumulative effect, the closest operational quarries are two sand and gravel quarries over 3km to the west. They are low-lying and, due to the separation and lack of intervisibility, cumulative effects would be limited. 10.14. Given these various factors it is considered that the LVIA provides an acceptable assessment of the landscape and visual impacts of the proposed development, with the overall conclusion of this consideration being that these impacts are acceptable. The assessment indicates that all potentially negative impacts will reduce on completion of the operations associated with the impact. The progressive restoration will mean that, for many of the viewpoints, the residual and long term and permanent effects will be positive when compared to the baseline condition and currently permitted restoration scheme. 10.15. Noise The noise assessment measured the existing noise levels at the residential properties which lie closest to the site with an assessment then being made of the sound power output from the types of plant and equipment to be used in connection with the quarrying operations. Using this information predictions were then made of the likely operational noise levels which would be experienced at the properties in question. 10.16. The assessment indicates that the proposed development can be undertaken within the noise criteria guidance set out within PAN 50, Annex A and that accordingly the proposed development, subject to the proposed noise control measures along with effective day to day management, can be undertaken without giving rise to any significant noise related impacts. 10.17. The document has been reviewed by Environmental Services and they have offered no objection to the proposed development based on noise related considerations subject to a number of conditions to control these aspects. Given these considerations, it is concluded that the noise impacts associated with the proposed development fall within acceptable limits and will not give rise to any significant adverse impacts. 10.18. Air Quality/Dust An assessment of the potential impact of dust generation in respect of identified dust sensitive receptors was carried out in accordance with the guidance set out by the Institute of Air Quality Management. This assessment considered the method of working, dust control measures to be employed as part of the proposed development, the potential duration of dust generating operations, meteorological conditions and the location of the sensitive receptors. It was informed by on-site dust monitoring for both nuisance and respirable dust, with the results confirming that the current site operations are not having a significant impact upon the surrounding area. 10.19. The document has been reviewed by Environmental Services and they have offered no objection to the proposed development based on noise related considerations subject to the imposition of conditions to control these aspects. As such, it is concluded that the potential dust impacts associated with the proposed development fall within acceptable limits and will not give rise to any significant adverse impacts. 50
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10.20. Lighting The information provided in support of the application indicates that, as the quarry operates on a 24-hour basis, lighting will be required for operations taking place during the hours of darkness. During such periods, lighting will be restricted to that which is necessary for health and safety reasons and will be directed downward and inwards towards specific operational areas. 10.21. This information indicates that the main potential source of light impact is associated with the processing of the extracted materials and the existing ready-mix and asphalt plants. As a result of the recent forestry felling, the upper sections of the plant have become visible from longer distance views from the north. The assessment indicates that as the plant in question is located no less than 800m from the nearest residential property, whilst there may be potential for an element of “sky glow” and that a small portion of the plant may be visible from the wider area, there would be no light intrusion or glare because of the illumination beyond the site boundary. 10.22. Given these various considerations, the impact of lighting on the amenity of nearby residential properties and communities, and on the character of the wider area has been assessed as being slight/negligible. In addition, Environmental Services have offered no objection to the proposed development in relation to potential light pollution. 10.23. Blasting In common with the existing quarry operation, the extraction of material from the proposed extension will involve the use of blasting and as a consequence of this, a blast vibration impact assessment has been undertaken in support of the application. Vibration predictions have been made for the existing residential properties which lie closet to the site, with these predictions being based upon the blast design proposed for the development of the site and the data collected from previous blast monitoring at the quarry. This assessment concludes that proposed extension can operate within accepted vibration criteria and without giving rise to any significant impacts on local residents subject to the implementation of the proposed blast design and the proposed monitoring programme. Environmental Services have confirmed they are satisfied with these recommendations. 10.24. Transportation Following detailed consideration of the information submitted with the application and in light of post submission discussions with the applicants agent, the Council’s Roads, Transportation and Fleet Services has advised that, subject to the imposition of a number of conditions, the traffic generated by the proposed development will not give rise to any adverse impacts upon the local road network and that accordingly, they have offered no objection to the proposed development. 10.25. Impact on Local Communities In addition to the above matters, Policy MIN1 Settlements in SLLDP2 states that minerals developments will only be permitted where impacts on settlements and communities have been reduced to acceptable levels. This generally requires a buffer zone to be established. In the case where blasting is involved, the buffer zone is required to be at least 500m from a settlement boundary. A reduced distance may be acceptable depending on the individual circumstances of the proposal. 10.26. In this particular case the proposals involve an extension to an existing quarry. The horizontal extent of the area that will be excavated is limited with much of the new activity associated with excavating to deeper levels in the existing bowl. While the site is closer to the southern extremity of Pettinain and individual properties it is considered there would be a negligible additional impact on their amenity. In addition, conditions 51
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to control and manage activity (including limiting blasting to a short period during the day) would be attached to any consent granted. 10.27. Since adoption of SLLDP2, National Planning Framework 4 has become part of the Development Plan for South Lanarkshire. Policy 33 of NPF4 deals specifically with minerals development. It contains a range of criteria that must be met in order for proposals to be supported, including ensuring that there are no adverse impacts on the natural and historic environment, the landscape and visual impacts, nearby settlements and homes; show acceptable levels of noise, dust and vibration; minimise transport impacts; and include schemes for a high standard of restoration and aftercare. 10.28. These various considerations have been assessed above within the context of Policy 19 of SLLDP2 and, for the reasons set out, it is considered that the proposed development is acceptable in principle and raises no issues which would outweigh the acceptability of the proposed development when assessed against the requirements of NPF4 Policy 33. 10.29. NPF4 Policy 1 Tackling the climate and nature crisis requires that, when considering all development proposals, significant weight should be given to the global climate and nature crisis. The requirement to address the climate crisis is expanded upon within Policy 2 Climate mitigation and adaptation which requires, amongst other things, that development proposals should be sited and designed to minimise, as far as possible, lifecycle greenhouse gas emissions. 10.30. In assessing each of these policy matters it is considered that as the proposed development represents an extension of an existing operational quarry the proposals themselves will not result in a net increase in impacts associated with the site as it stands at present and will not result in an increase in any greenhouse gas emissions associated with the operation of the site (which are restricted to emissions associated with the operation of plant and machinery on the site). 10.31. With regards to the nature crisis, it is noted that the supporting evidence lodged as part of the overall application submission shows clearly that the site is of low ecological and biodiversity value. As an integral part of the proposed restoration works, new habitats will be created within the site which will result in an over increase in the biodiversity value of the site and on this basis, in the longer term, the proposals will further the aims of addressing the nature crisis. 10.32. Accordingly, it is considered that the proposed development accords with the requirements of policies 1 and 2 of NPF4. Following the same assessment process, it is also considered that the proposed development accords with the requirements of policy 2 Climate Change of SLLDP2. 10.33. In overall terms, it is appropriate for developments of the scale as that proposed under this application to be assessed also against the Spatial Strategy set out within the LDP2. Policy 1 Spatial Strategy advises that the spatial strategy of LDP2 will encourage sustainable economic growth and regeneration, move towards a low carbon economy, protect the natural and historic environment and mitigate against the impacts of climate change. 10.34. To secure this stated purpose, the policy sets out a number of objectives which the spatial strategy will achieve. Of the 12 objectives which are listed, only objectives 9 and 12 are considered to be of relevance to the assessment of the application. Objective 9 states that the spatial strategy will “protect and enhance the natural and 52
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historic environment. The impact of the proposed development on both the natural and historic environment is considered in detail with the EIAR which has been submitted in support of the application, with the conclusion of the EIAR being that the proposed development will have no adverse impacts upon these considerations. This assessment is backed up by the terms of the consultation responses which have been received from HES and NatureScot, neither of who have offered an objection to the proposed development. On balance, therefore, it is considered that the proposed development would not conflict with this aspect of the spatial strategy. 10.35. Objective 12 states that the spatial strategy will “continue to ensure an adequate and steady supply of minerals and maintain a minimum ten-year land bank of aggregates”. To this end, the proposed development in general terms will assist in ensuring that the minimum ten-year land bank is maintained. Going beyond this simple consideration, due to the specific nature of the material, which is quarried at Cloburn, approval for the continuation of the quarrying activities at this site beyond the scope of the extant permission is considered to be of significant benefit to the wider construction industry through the supply of material that cannot readily be sourced from alternative sources. Consequently, proposed development accords with this aspect of the spatial strategy. 10.36. Conclusions The proposed development, comprises an extension to, and the progressive restoration of, an existing long standing active quarry and will not give rise to any significant adverse impacts on the landscape character, visual and residential amenity of the area and road network and that through the terms of the proposed restoration scheme, the opportunity exists to significantly enhance the overall biodiversity value of the site by way of the creation of a number of new habitat types. 10.37. Having regard to the provisions of Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997, it is considered that the proposed development is in accordance with the relevant provisions of the development plan and no relevant material considerations have been identified which would outweigh the acceptability of the proposals in terms of the development plan. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant Planning Permission subject to the following:- 1. A Section 75 Legal Agreement covering the following matters; A restoration guarantee bond to ensure the satisfactory restoration of the site should the applicant fail to or otherwise be unable to fulfil this task. Financial contributions towards the South Lanarkshire Rural Communities Trust Fund; 2. A Section 96 Agreement to ensure the suitable upkeep and repair of roads within the vicinity of the site, and 53
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3. The following conditions:- 01 Unless otherwise directed by conditions attached to this consent, this decision relates to the Environmental Impact Assessment Report, dated May 2024 for the Proposed Extension to Cloburn Quarry, Lanark and to those associated technical documents which form part of the application submission. Reason: In order to properly specify the development for which planning permission is being granted. 02 That all extraction operations on the site shall be discontinued not later than 42 years from the date of commencement of the development hereby approved and that, within a period of 2 years from this discontinuance date, the entire site shall be restored in accordance with the approved restoration scheme to the satisfaction of the Council as Planning Authority. Reason: To ensure that the site is restored in a satisfactory manner within the time frame permitted under this planning permission. 03 That before any work starts on the extension to Cloburn Quarry hereby approved, a detailed scheme to prevent materials, mud and other debris being carried outwith the site and onto the public road shall be submitted for the prior written approval of the Council as Planning Authority. The existing bituminous surface within the site shall be retained and maintained to the satisfaction of the Council. The approved scheme shall be in operation at all times during the development hereby approved. Reason: In the interests of road traffic safety. 04 That a wheel washing facility shall be in operation during the operation of the development hereby approved and all vehicles leaving the site shall pass through the wheel washing facility before entering the public highway. Reason: To prevent mud and other deleterious material from being carried onto the public highway. 05 All vehicles entering or leaving the site shall use the access road to and from the A73. No vehicles shall be permitted to use any other means of access to the site unless in an emergency or if otherwise agreed in writing by the Council as Planning Authority. Reason: In the interests of road traffic safety and to protect the amenity of the surrounding area. 06 That the site shall operate in accordance with the following conditions in order to comply with Annex A of Planning Advice Note, PAN 50, "Controlling the Environmental Effects of Surface Mineral Workings”. 1. Between 07.00hrs and 19.00hrs, the nominal noise limit attributable to site operations as measured free field at all noise sensitive properties, in the vicinity of the site, shall not exceed an LAeq,1hr of 55dB. 54
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2. Between 19.00hrs and 07.00hrs the nominal noise limit attributable to site operations as measured free field at all noise sensitive properties, in the vicinity of the site, shall not exceed an LAeq,1hr of 42dB. 3. The quarry shall operate on a 24 hour a day basis throughout the week with the following provisions- a) General dispatch shall be restricted to between 06.00 hours and 20.00 hours. b) Dispatch of asphalt may be undertaken on a 24 hour a day basis. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 07 Notwithstanding the terms of Condition 6 above, during baffle mound construction and soil stripping operations the nominal daytime noise limit from site operations, during the hours of operation shall be no more than 70dB LAeq over any one hour period for a maximum of 8 weeks per year, or for such other time period to be agreed in writing with the Council as Planning Authority. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 08 Efficient silencers shall be fitted to, used and maintained in accordance with manufacturer's instructions on all vehicles, plant and machinery used on the site. With the exception of maintenance, no machinery shall be operated with the covers open or removed. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 09 Reversing alarms used on plant and vehicles shall be either non-audible, ambient related, or low tone devices. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 10 That within 3 months of the date of this decision notice, a detailed scheme of site noise monitoring and mitigation shall be submitted to and be approved in writing by the Council as Planning Authority and thereafter the site operator shall abide by the terms of the approved monitoring and mitigation scheme unless otherwise agreed in writing with the Council as Planning Authority. This monitoring and mitigation scheme shall provide details of:- Location of noise monitoring equipment. Mitigation measures. Monitoring frequency. Details of equipment to be used and experience of monitoring staff. A programme of implementation. Frequency of reporting the results to the Council as Planning Authority. The process and steps to be taken in the event of a complaint regarding noise. 55
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Reason: To allow the Council as Planning Authority to consider these matters in detail. 11 That no blasting shall take place on site outwith the hours of 10.00 hours to 16.00 hours Monday to Friday. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 12 That within 3 months of the date of this decision notice, a detailed scheme for the monitoring and mitigation of blasting within the site shall be submitted to and be approved in writing by the Council as Planning Authority and thereafter the site operator shall abide by the terms of the approved monitoring and mitigation scheme unless otherwise agreed in writing with the Council as Planning Authority This scheme shall provide details of:- Location of monitoring equipment Monitoring frequency Details of equipment to be used and experience of monitoring staff A programme of implementation The Local Authority shall be notified in advance of scheduled blasting and shall receive details (In the form of a trace) of trigger events above a PPV of 0.5mms-1 Reason: To allow the Council as Planning Authority to consider these matters in detail. 13 That ground vibration and peak linear over pressure as a result of blasting operations, shall not exceed a peak particle velocity of 6mm per second in 95% of each block of 20 consecutively numbered blasts and no individual blast shall exceed a peak particle velocity of 12mms per second as measured at any residential premises in the vicinity of the site. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 14 Within the constraints of safe quarrying practices, blasting shall be avoided under weather conditions which are likely to direct or focus the blast air overpressure towards neighbouring noise sensitive properties. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 15 That when required, water bowsers and sprayers, whether fixed or mobile, shall be used to minimise the emission of dust from the site. If the prevention of dust nuisance by these means is not possible, then the movement of soils, vehicles, etc. shall temporarily cease until such time as the weather conditions improve. Reason: In the interests of the amenity of the surrounding area and nearby residential properties. 56
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16 That within 3 months of the date of this decision notice, a detailed scheme of dust and air quality monitoring and mitigation shall be submitted to and be approved in writing by the Council as Planning Authority and thereafter the site operator shall abide by the terms of the approved monitoring and mitigation scheme unless otherwise agreed in writing with the Council as Planning Authority. The dust and air quality monitoring and mitigation scheme shall provide details of:- A dust management plan; Mitigation measures; Location of monitoring points; Monitoring frequency; Details of equipment to be used and experience of monitoring staff; A programme of implementation; Frequency of reporting the results to the Council as Planning Authority; and The process and steps to be taken in the event of a complaint regarding dust. Reason: To allow the Council as Planning Authority to consider these matters in detail. 17 That any stripping, stacking and replacement of topsoil shall be carried out when conditions are dry enough to avoid unnecessary compaction of the soils at any stage. Reason: To preserve the quality of the soils. 18 That the movement of plant, vehicles and machinery on the site shall be carried out in such a manner as to avoid, as far as practicably possible, the crossing of undisturbed, reclaimed or restored land. Reason: In the interests of the general amenity of the site. 19 No operations involving soil lifting/replacement shall take place between the months of October to March inclusive except with the prior written approval of the Council as Planning Authority. Reason: To preserve the quality of the soils. 20 That no development hereby approved shall take place within the application site 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 in writing 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, in consultation with the West of Scotland Archaeological Service. Reason: To ensure that provision is made to address areas of archaeological interest. 57
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21 That before the carrying out of any works within the area affected by peat, details of the amount of peat to be extracted and how it will be managed will be submitted for the approval of the Council as Planning Authority. Reason: To ensure that sufficient soils and peat are retained for on-site restoration purposes. 22 That unless otherwise approved in writing with the Council as planning Authority, at the completion of the final restoration of the site the remaining access roads and hard standings are to be removed and the ground restored in accordance with the approved registration scheme. Reason: To ensure the satisfactory restoration of the site. 23 That within one year from the date of the commencement of the development hereby authorised (and on that date every year thereafter), the operator shall submit to the Council as Planning Authority, an annual progress plan detailing the following:- The extent of extraction operations undertaken that year; Areas prepared for extraction; The extent of backfilling and restoration carried out; The extent of landscaping, nature conservation works that have been carried out; An up to date survey of the site; Current and anticipated production figures; Remaining reserves; Compliance with statutory permission; and Site complaint logs and actions taken. Reason: To ensure the Planning Authority is informed at regular intervals of the progress of the site, to assist with site monitoring and to help inform development plan preparation. 24 That in the event of the extraction operations on site ceasing for a period of 12 months or more, the Council as Planning Authority shall deem operations to have permanently ceased and shall require the immediate implementation of the approved restoration scheme, unless agreed otherwise in writing with the Council as Planning Authority. Reason: To allow the Council to retain effective control over the development. 25 That unless otherwise approved in writing by the Council as Planning Authority, no material shall be imported to or deposited at the site, other than that which is required in connection with the production of asphalt and concrete. Reason: To allow the Council to retain effective control over the development. 26 That prior, but not more than 6 months, to the commencement of the development hereby approved, updated protected species surveys shall be submitted to and approved by the Council as Planning Authority, in consultation with NatureScot. Reason: To ensure that provision is made to safeguard the ecological interest in the site. 58
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27 All containers being used to store liquids (which have the potential to cause pollution) within the site shall be clearly labelled to show their contents and be located in a bund which shall be no less than 110% of the capacity of the largest container within it. All bunds shall conform to the following standards:- The walls and base shall be impermeable; The base shall drain to a sump; All valves, taps, pipes, and every part of each container shall be located within the area served by the bund when not in use; Vent pipes shall be directed down into the bund; No part of the bund shall be within 10m of any watercourse; and Any accumulation of any matter within the bund shall be removed as necessary to maintain its effectiveness. Reason: To ensure the safe storage on potentially polluting liquids on the site. 28 That the applicant shall be responsible for costs incurred by the Council as Roads Authority for the procurement and installation of two new traffic signal programme boards (proms) for introduction of revised traffic signal timings at Hyndford Bridge signalised junction. Reason: In the interests of road safety. 29 That an access visibility splay of 2.4 metres by 215 metres in both directions be maintained onto the A73 and that 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 the visibility splay. Reason: In the interests of road safety. 12 Reason for Decision 12.1 The proposed development, which proposes an extension to Cloburn Quarry and the restoration thereof, is considered to be acceptable subject to the imposition of the suite of conditions, as detailed in Section 11 above. The proposals are therefore considered to accord with the terms of Policies 1, 2, 3, 4, 5, 29 and 33 of NPF4 and also with Policies 1, 2, 4, 5, 13, 14, 15, 16, 19, MIN1, MIN2, MIN3, MIN5 and MIN6 of the adopted SLLDP2. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online: P/24/0681 | Proposed extension to Cloburn Quarry to allow for continued excavation and processing of hard rock for 42 years and thereafter a 2 year reinstatement period. | Cloburn Quarry A73 From Symington A72 To Hyndford Bridge Thankerton Biggar ML11 8SR 59
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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 60
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0856 Proposal: Erection of dwellinghouse for retiring farm worker Site Address: Land 66M Northeast of Crown House Farm Struther Highway Sandford Strathaven ML10 6PT Applicant: Mr Hamish McCall Agent: Planning Services UK Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 12 March 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 8 63
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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 on land forming part of Avonbank Farm, located to the south of Strathaven and to the west of Sandford. The site is located at the eastern edge of the farm holding, significantly removed from the main farm buildings. The site is directly bounded on all sides by undeveloped greenfield land. Further to the west of the site is a residential property, known as Crown House Farm. 3. Description of Proposed Development 3.1. The proposal is for the erection of a single storey dwellinghouse. The proposed dwellinghouse would comprise two bedrooms, in addition to a study, living room and kitchen accommodation. Dedicated car parking and garden ground would be provided externally to the dwellinghouse. Access to the site would be taken from an existing gated field access, via an existing private access. The dwellinghouse would be for the use of a retiring farm worker, who would sell the remainder of the landholding and farm buildings at Avonbank Farm and retire to the proposed dwellinghouse. 4. Relevant Planning History 4.1 There is no relevant planning history for the site. 5. Supporting Information 5.1. The applicants have submitted a planning statement, a design and access statement and a further statement in support of their proposals. 6. Consultations 6.1. Roads, Transportation and Fleet Services – offered no objection to the proposed development, subject to conditions relating to access and road safety measures. Response: Noted. 6.2. Environmental Services – offered no objection to the proposed development. Response: Noted. 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, two letters of objection have been received. The issues raised are summarised as follows:- Overdevelopment Loss of privacy The above issues have been considered as part of the assessment below. These letters are available for inspection on the planning portal. Other non-material issues were also raised, however, these are not planning related and do not form part of the assessment of the proposal. 64
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8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and 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 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. 10.2. Principle of Development In terms of the principle of the development, the site is located within the rural area as designated by Policy 4 – Green Belt and Rural Area of SLLDP2. In addition, Policy 17 – Rural homes of NPF4 also provides policy with regard to residential development proposals in rural locations. 10.3. Policy 17 of NPF4 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. The policy requires all proposed new homes to be suitably scaled, sited and designed to be in keeping with the character of the area. With specific regard to the provision of dwellings for retiring farm workers, the policy permits the provision of such houses only where the house would relate to the retirement succession of a viable farm holding. 65
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10.4. The dwellinghouse is proposed to be located on a self-contained site that is remote from the farm buildings at Avonbank Farm. It is advised in the submitted supporting information that the dwellinghouse would be utilised by a retiring farmer at Avonbank Farm. However, further clarification has been provided that the farm would be sold off separately to the proposed dwellinghouse. The proposed dwelling would, therefore, not relate to the retirement succession of the farm holding as required by Policy 17. 10.5. The location of the site is remote from the farm steading and the proposed use of the dwelling is a separate entity to Avonbank Farm. Given this, it would not form part of the farm holding or the retirement succession of the farm. As it has not been appropriately justified as a development that requires it to be located in the countryside, the proposed development would fail to comply with the provisions of Policy 17 of NPF4 and Policy 4 of SLLDP2 with regard to siting considerations. 10.6. Layout, Siting and Design In terms of siting and design considerations both Policy 17 of NPF4 and Policy 4 of SLLDP2 seek to resist isolated, sporadic development that has not been appropriately justified in terms of being development that would require to be sited within countryside locations. Policy 14 of NPF4 and Policies 5, DM1, GBRA1 and GBRA10 of SLLDP2 provide further policy with regard to general development design and rural development. 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. 10.8. Conclusion Following a detailed assessment of the proposals, it is concluded that the principle of this proposed residential development within the rural area has not been justified in this case, as the proposed dwellinghouse would be sited in a remote location from the farm steading and would not form part of the retirement succession of a farm holding. 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 17 - Rural Homes 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 rural areas and, as such, fail to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 66
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02. The proposal would be contrary to Policy 4 - Green Belt and Rural Areas and of the South Lanarkshire Local Development Plan 2 (2021) as it relates to isolated, sporadic development in the countryside and it has not been appropriately justified in terms of being development which would require to be located within the rural area. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/24/0856 | Erection of dwellinghouse for retiring farm worker | Land 66M Northeast Of Crown House Farm Struther Highway Sandford Strathaven ML10 6PT 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 67
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1236 Proposal: Construction and Operation of Renewable Energy Development, comprising 22 Wind Turbines, Solar Array, Battery Energy Storage System and associated infrastructure (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Land either side of M74 immediately to the northwest of Abington Service Station and approximately 4.5km southwest of Douglas Applicant: M74 West Limited Agent: Ramboll UK Limited Ward: 3 – Clydesdale East Application Type: Electricity notification Section 36 application Advert Type: None Required Development Plan Compliance: No Departures: N/A Recommendation: That the Scottish Government Energy Consents Unit is informed that, for the reasons stated, South Lanarkshire Council object to the granting of consent under Section 36 of the Electricity Act 1989 Legal Agreement: In the event that the application is granted 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 Direction to Scottish Ministers N/A 9 69
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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 extends to some 1,275ha in area and is located immediately to the northwest of Abington and approximately 4.5km to the southeast of Douglas. It currently comprises open moorland, improved and semi-improved grassland, an area of forestry and is intersected by the M74 motorway and B7078 local road. The A702 and Abington services form the southern boundary of the site. 2.2 Parts of the site have been subject to extensive sand and gravel quarrying, with quarrying activity currently being concluded at Thirstone Quarry, located to the north of the B7078 and M74 in the central and northern parts of the site, and previous quarrying activity identified by Ordnance Survey mapping in the northern and western parts of the site. In addition, there are a number of utility and telecommunication links that cross the site, including two high pressure gas pipelines, Scottish Water pipelines and fixed telecommunication links operated by Vodafone Ltd. 2.3 The wider landscape features numerous existing wind farms within 15-20 km, including large developments such as Clyde and its extension to the east, and Andershaw and Middlemuir occupying the western part of the moorland area where the area of the site identified for positioning wind turbines is located. 2.4 There are two residential properties within the red line boundary: Thirstone Cottage and the Strand. These properties are financially involved in the Proposed Development, and it is intended that both properties will be used as part of the Proposed Development and will not continue in residential use. In addition, there are a number of residential properties near the site, including Blackburn Farm, Netherton Farm, Crawfordjohn Mill Farm, Craighead Farm and Duneaton House, as well as residential settlements at further distance concentrated particularly within the villages of Abington, Crawfordjohn, Roberton and Douglas. 2.5 The landscape is typical of the wider location, with the site being in the northern portion of the Southern Upland Hills, with Tinto Hill lying approximately 8km to the north of the site. The Duneaton Water, a tributary of the River Clyde, passes through the eastern section of the site and forms part of the northern and southern boundaries of the site. 3. Description of Proposed Development 3.1 An application is made to the Scottish Government under Section 36 of the Electricity Act 1989 for the construction and operation of a renewable energy development including:- Up to 22 wind turbines with a combined generation capacity of greater than 50 MW either side of the M74 A battery energy storage system (BESS) with approximately 50 MW capacity. measuring approximately 124m x 160m and located within Thirstone Quarry Solar Array consisting of approximately 3,065 solar panels laid out in approximately 37m long rows with a spacing of approximately 9m between each row. The approximate area that would be covered by the solar array would be 160 ha. The panels would be mounted at approximately 0.8m from the ground rising to 2.86m and be tilted approximately 25 degrees from horizontal in a south facing direction 70
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3.2 Associated components of the proposal include:- permanent turbine foundations and associated permanent and temporary crane hardstanding at each turbine location a main entrance for use during construction and operations, at the current entrance to Thirstone Quarry two site entrances to the south of the B7078 and one site entrance off the B740 directly south of the B7078, which have been designed to accommodate abnormal indivisible loads (AIL) required for turbine component delivery a further site entrance from the M74 motorway to the northern part of the site only to allow delivery of AIL required for turbine component delivery five further site entrances to the solar array area, four from the B7078 (two to the north and two to the south) and one from the A702 immediately north of Abington services a series of new on-site access tracks with associated watercourse crossings and turning heads underground cable arrays within the site connecting the turbines and solar panels to the on-site substation substation compound and control building repurposing of the house at Thirstone Cottage as a site office repurposing of the property at The Strand as a strategic spares store four temporary construction compounds and laydown areas 3.3 The expected operational life of the Proposed Development is 40 years from the date of commissioning. 3.4 The scale of the proposed development, in terms of its generating capacity, is such that it requires to be consented through the Electricity Act, with the Scottish Government acting as the Consenting Authority. As such, the Council acts as a consultee and is not the Consenting Authority. 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:- Environmental Impact Assessment Report Design Statement Economic and Community Impact Assessment Community Benefits Statement 6. Consultations 6.1 The Council is a consultee in the Section 36 application process and therefore consultation by the Council is limited to Council services. A summary of the wider consultation responses received by the Scottish Government is also included below, as these may be relevant to the view of the Council. 71
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6.2. Environmental Services – offered no objection subject to conditions relating to noise, shadow flicker and construction activities. 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 the repositioning of Turbines T17, T20 and T22 and subject also to several conditions regarding access and ice throw. Response: Noted, and the required amendments and 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. 6.5 Relevant consultations undertaken by the Energy Consents Unit (ECU) are listed and summarised as follows:- 6.6 BT Radio Network Protection – No objection to the proposed development. 6.7 NATS Safeguarding – Objects to the proposed development due to the potential impact on radar facilities. 6.8 Scottish Water – No objection to the proposed development. 6.9 Scottish Forestry – No objection to the proposed development. 6.10 Ministry of Defence (MOD) – Objects to the proposed development based on impacts on low flight training routes and on the Eskdalemuir seismology recording facility. 6.11 SP Energy Networks (SPEN) – Objects to the proposed development based upon the impact on and maintenance of their transmission network. The resolution of these matters is an issue for the applicant to address with the ECU, in consultation with SPEN. 6.12 Transport Scotland – No objection to the proposed development. 6.13 Glasgow Airport – No objection to the proposed development. 6.14 Historic Environment Scotland – Object to the proposed development based upon the impact of the proposed development upon 4 Scheduled Ancient Monuments. 6.15 SEPA – No objection to the proposed development. 6.16 RSPB – Objects to the proposed development based upon impact on breeding waders (especially curlew and lapwing). The resolution of these matters is an issue for the applicant to address with the ECU, in consultation with RSPB. 6.17 NatureScot – NatureScot object to the proposal but have suggested a series of conditions requiring mitigation which may address their objection. 6.18 Civil Aviation Authority (CAA) – No objection to the proposed development. 6.19 Shell UK - No objection to the proposed development subject to conditions. 72
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7. Representations 7.1. The Energy Consents Unit are responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in their assessment of the Section 36 application. 8. Development Plan 8.1 The application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989. A planning application is required to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. However, for Section 36 applications the Development Plan has the status of a material consideration which is required to be taken into account by the Scottish Ministers in the determination of the application. 8.2 The Council has been consulted in its role as the Planning Authority for the area in which the application site is located and therefore the Council’s response to the consultation request is required to be informed by an assessment against the provisions of the Development Plan. Other material considerations pertinent to the application may also be considered. The Development Plan comprises the South Lanarkshire Local Development Plan 2 adopted in April 2021 and National Planning Framework 4 adopted by the Scottish Government in February 2023. 8.3. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 5 - Soils Policy 6 - Forestry, woodland and trees Policy 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 8.4. 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 73
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9. Guidance 9.1. - South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) - Landscape Capacity Study for Wind Energy (2019 as amended) 10. Assessment and Discussion 10.1. Assessment 10.2. The proposed development comprises a renewable energy park that includes two forms of generation and an associated battery storage system within a single location. As such, the proposed development is a form of renewable energy generation and supports the general principles set out in NPF4 Policy 1 and 2, in addition to Policy 1 – Spatial Strategy and Policy 2 – Climate Change of the South Lanarkshire Local Development Plan 2. 10.3. Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms of renewable energy development. The policy also sets out a range of criteria that proposals should be assessed against to ensure the impact of the project design and mitigation is addressed. 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 biodiversity including impacts on birds impacts on historic environment aviation and defence interests including seismological recording 10.4. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals found in Policy RE1 Renewable Energy. Renewable energy proposals should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy, Landscape Capacity Study for Wind Energy (2019 as amended). These are broadly similar to the criteria in NPF4 Policy 11. 10.5. A key consideration is the impact of the proposal on the landscape character and visual amenity of the area. The strategy map SLLDP2 shows the land proposed for wind turbines as being designated as an area which prevents coalescence between existing clusters. In this case this relates to Clyde windfarm to the south and Andershaw to the northwest. The solar array to the north of Abington Services sits adjacent to the Upper Clyde Valley and Tinto Special Landscape Area. 10.6 The Landscape and Visual Assessment (LVIA) which forms part of the Environmental Impact Assessment (EIA) is a key document in assessing the proposals, as the landscape impact of the proposed development is a key determining issue from the Council’s perspective. 74
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10.7. The LVIA addresses the potential effects that the proposed development would have on the landscape, key viewpoints and the visual amenity of the local environment. The proposed turbines would have the most impact on the landscape character of the area. A Zone of Theoretical Visibility (ZVI) map identifies the receptors likely to be affected by views of the proposed development, which include residents and those using the roads and footpaths within the identified study area (which is focussed on approximately 25km from the site). Visual effects are identified for several selected viewpoints representative of views seen by people in the surrounding area. 10.8. The ZTV mapping and visualisations indicate that the turbines will be visible from the immediate vicinity of the site, extending up to hills/ridges within approximately 5km, beyond which visibility would depend more on topography and woodland cover. Views from the northern half of the study area, across low lying farmland and moorland would include the turbine array in the foreground of views of the Southern Uplands to the further south. Views from the southern half of the study area would be more limited due to local topography changes within the Southern Uplands. 10.9. The effects on landscape character were assessed using established Landscape Character Types (LCTs) and methodology. Most of the proposed development would be located within the Plateau Moorland and Glasgow and the Clyde Valley LCTs (which include 21 of the 22 proposed turbines). The other LCTs would include limited parts of the proposed development, including permanent infrastructure, the solar array and temporary construction compounds. 10.10. The topography of the Southern Upland hills around the site exerts an influence over the visibility of the proposed development. Widespread theoretical visibility is predicated within 5km of the site, extending beyond onto plateau farmland either side of the M74 to the northwest, and summits and upper slopes of the Southern Uplands to the east, west and south, gradually reducing in geographical extent as the distance from the site increases. 10.11. It is important to note that the surrounding landscape includes several existing, operational wind farms, including the Clyde Windfarm (and extension) to the southeast and Middlemuir and Andershaw to the west. The proposed development would occupy an area between these two existing turbine clusters, albeit appearing as separate from these existing windfarms. Further existing and planned energy related developments are located along the stretch of the M74 as it passes through the site. 10.12. A very minor part of the proposed development lies on the northernmost edge of the Leadhills and Lowther Hills Special Landscape Area (SLA) involving two turbines, two areas of hardstanding, 1.4km of access track, approximately 450 solar panels and some associated infrastructure. The defined qualities of the SLA include a lack of extensive forestry or wind farms which creates a sense of emptiness. However, this quality cannot be applied equally to all parts of the designated area due to the presence of the existing wind farms noted above which create the boundary to the designed area. For this reason, the proposed development is not considered to have a significant adverse impact on quality of the designation. 10.13 Visibility of the proposed solar array would be widespread within 1km of the site and more limited beyond this, being limited to views from higher ground to the east and west of the M74, within the River Clyde valley to the east, and southwest of Abington. The array proposed on the land in the Upper Clyde Valley and Tinto SLA is bounded by the M74 and the A702 which forms a key gateway into the Clydesdale area and is immediately adjacent to the Upper Clyde Valley and Tinto SLA. It has open views across the Upper Clyde valley floor and provides an attractive setting for the wider 75
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landscape character. It would be sensitive to the introduction of the solar farm in this part of the site. However, it is not within a designated landscape area of value. 10.14. The proposed substation and BESS would be located within the existing Thirstone Quarry, and would be sited within the excavated area, where the walls of the quarry would provide screening, reducing the visibility of these elements of the overall development. 10.15. NPF4 Policy 11 advises that where significant landscape and visual impacts are of a localised nature, they will generally be acceptable. Given the transient nature of those landscape and visual impacts associated with the proposed development and given also that the vast majority of those people who experience the landscape within which the proposed development is located do so as passengers in cars travelling north/south along the M74, it is considered that these impacts can reasonably be described as localised. 10.16 Policy 11 contains a range of other impacts that proposals must demonstrate will be addressed and they can be cross-referenced to other NPF4 policy areas and policy in SLLDP2. 10.17. NPF4 Policy 3 – Biodiversity, seeks to protect biodiversity, reverse any biodiversity loss, deliver positive effects for development and strengthen nature networks. NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural assets, making best use of nature-based solutions. NPF4 Policy 5 – Soils seeks to protect carbon- rich soils, restore degraded peatlands and minimise disturbance to soils because of development. These various policy considerations are echoed within Policy 14 – Natural and Historic Environment of the SLLDP2. 10.18. The application is supported by an Environmental Impact Assessment (EIA), which includes detailed survey work in relation to landscape, ecology, ornithology, hydrology, geology and other relevant environmental considerations. NatureScot originally objected to the proposed development based upon potential impact on adjacent Muirkirk and North Lowther Uplands Special Protection Area, the North Lowther Uplands Site of Special Scientific Interest and the Red Moss Special Area of Conservation and Site of Special Scientific Interest. 10.19 Following further discussion NatureScot have advised that they will retain their objection to this proposal unless it is made subject to conditions requiring mitigation detailed in their response to be carried out. 10.20 Consequently, it is considered that the proposals comply with the relevant criteria of the above noted policies, subject to the identified mitigation measures being fully implemented on site as part of the proposed development. On this basis, the application is considered to comply with the relevant provisions of Policies 3, 4 and 5 of NPF4 and Policy 14 of the SLLDP2. 10.21. Policy 6 – Forestry, woodland and trees of NPF4 seeks to identify and protect existing woodland and the potential for its enhancement or expansion to avoid habitat fragmentation and improve ecological connectivity, helping to support and expand nature networks. While full details of the implementation of the proposals would require to be agreed between the applicants and the Scottish Government, subject to these details being agreed it is considered that the proposals do not raise any significant concerns in respect of the provisions of Policy 6. 76
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10.22. Policy 7 – Historic assets and places of NPF4 seeks to protect and enhance historic environment assets and places and to enable positive change as a catalyst for regeneration. Similar policy regarding the protection of the historic environment is contained within Policy 14 of SLLDP2. Historic Environment Scotland (HES) has raised an objection to the proposed development based upon adverse impact on the setting of four scheduled ancient monuments within the vicinity of the site. 10.23 These issues have been the subject of ongoing discussions between the applicant and HES, however, a further recent response from HES maintains their objection. In that respect the proposal is contrary to Policy 7 in NPF4 and Policy 14 in SLLDP2. 10.23. NPF 4 Policy 22 – Flood Risk Assessment seeks to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Similar policy is provided in SLLDP2 Policy 16 - Water Environment and Flooding. Due to the absence of any identifiable sources of potential flooding which could affect the proposed development or potential flood issues arising from the development, a detailed consideration of flood related matters has been scoped out of the EIA which accompanies this application with it being further noted that, within their consultation response on the application, SEPA has raised no issue of concern with regards to flood related matters. On balance therefore, the proposals are compliant with the provisions of Policy 22 of NPF4 and Policy 16 of SLLDP2. 10.24. NPF4 Policy 29 – Rural development seeks to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. Similar policy is provided in SLLDP2 Policy 4 – Green Belt and Rural Area. Subject to the resolution of any outstanding matters raised by external consultees to the satisfaction of the Scottish Government as part of their assessment of the proposal, the view is taken that the proposals would represent an appropriate rural development that would not significantly adversely affect the rural area while making a positive contribution in respect of Scotland’s climate change ambitions. The proposals are therefore compliant with the provisions of Policy 29 of NPF4 and Policy 4 of SLLDP2. 10.25. Policy 5 - Development Management and Placemaking of SLLDP2 states that development proposals should take account of and be integrated within the local context and built form. In addition, proposals should comply with general development management principles, regarding issues such as amenity, traffic and transportation and environmental considerations. Policy 15 – Traffic and Transport further enforces the requirements to account for and mitigate the transport impact associated with significant scale development proposals. 10.26 The Council’s Roads, Transportation and Fleet Services have confirmed that, subject to recommended conditions, the proposals would not raise any unacceptable transportation impacts. Similarly, Environmental Services have confirmed that, subject to appropriate conditions, the proposals would not create any unacceptable noise or other environmental impact in this case. Overall, the proposed development would not generate unacceptable amenity impacts and is considered to comply with the relevant provisions of Policies 5 and 15 of SLLDP2. 10.27 In terms of aviation and defence interests NATS and the MOD have objected to the application on the grounds of the impact on air traffic safety, low flying MOD aircraft and the effect on the Eskdalemuir seismology recording facility in that there is currently no seismic noise capacity available which would have an unacceptable impact on the 77
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operation and capability of the array. As a result, the proposal is contrary to NPF4 Policy 11 and Policy 19 in SLLDP2. 10.28 As such, while the proposals submitted have demonstrated that they address most of the impacts listed in NPF4 and the assessment criteria in SLLDP2, the multiple objections that have been received from statutory consultees remain unresolved and bring the proposal into conflict with the Development Plan. 10.29 The timescale for the Council responding to the consultation expires at the end of August and while a request was submitted to the Energy Consents Unit to allow more time to address the outstanding objections; the response received stated that in order to improve current average timescales for determining Electricity Act applications, the request from the Planning Authority for additional time to address outstanding objections was not acceptable. 10.30 As such, this has led to the recommendation to Committee that the Planning Authority should object to this proposal. 11. Conclusion 11.1 In conclusion, it is considered that the proposed development does not fully comply with the relevant policies of both the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2 in terms of policy relating to the historic environment, air traffic safety and the impact on Eskdalemuir. 11.2 It is therefore recommended that the Scottish Government be notified that the Council objects to the application for the reasons stated below. 12. Recommendation and Reasons 12.1. The Committee is asked to agree the following recommendation:- That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council objects to the granting of consent under Section 36 of the Electricity Act 1989. Reasons for objection 1. The proposals are contrary to Policies 3 and 11 of National Planning Framework 4 in that the applicant has failed to demonstrate that the impacts on the historic environment and aviation and defence interests have not been addressed 2. The proposals are contrary to Policy 18 of the adopted South Lanarkshire Local Development Plan 2 and the South Lanarkshire Council Supporting Planning Guidance on Renewable Energy due to the adverse impact on the historic environment and aviation and defence interests. 13. Next Steps 13.1. If members agree with this recommendation, Scottish Ministers (via the Energy Consents Unit) will be advised of the Council’s objection to the proposed development. Under the terms of the Electricity Act 1989, where the planning authority object to an application made under Section 36, a public inquiry is required to be held. However, a public inquiry is not required where the Scottish Ministers propose to grant the application subject to modifications or conditions that address the planning authority’s objection. 78
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13.2. In the event Scottish Ministers cause a public inquiry to be held, a further report will be presented to the Planning Committee advising of this and giving members the opportunity to confirm their objection to the application. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- https://publicaccess.southlanarkshire.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=SL12E1OP08N00 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 Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1561 Proposal: Erection of residential development comprising of 64 detached dwellinghouses, access roads, landscaping, land engineering operations and associated work, including demolition of dwellinghouse Site Address: Land 100M North of Beechfield Manor Meikle Earnock Road Hamilton Applicant: Miller Homes Ltd and Karen Selfridge Agent: North Planning and Development Ward: 18 Hamilton West and Earnock Application Type: Full Planning Permission Advert Date: Hamilton Advertiser 24 April 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions following the conclusion of an appropriate legal agreement Legal Agreement: Section 69 agreement to cover developer contributions Direction to Scottish Ministers N/A 10 81
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1. Reason for Report 1.1. The Scheme of Delegation requires that all Major Developments, such as this proposal for more than 50 dwellings, are determined by the Planning Committee. 2. Site Description 2.1. The 3.06 ha site is located on the southwestern edge of Hamilton. The site is situated to the north of Meikle Earnock Road (around 1.6km long) which links the site to Low Waters Road, leading to Hamilton Town Centre. 2.2. The site is part of the Hamilton Community Growth Area. There are recently completed modern houses to the west and south of the site. To the north lies open fields and a local nature reserve, Torhead Lake. To the east lies a large electrical substation and there are pylons in proximity to the site, and five residential dwellings fronting Meikle Earnock Road. 2.3. The site currently comprises a field with a former garden centre to the frontage of the site and an existing dwellinghouse – known as Beechfield Manor. The site is generally level; however, there is a low point in the site in the northeast corner adjacent to the existing residential site. An existing hedge line runs along the western boundary. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of 64 dwellinghouses with associated roads, drainage, landscaping and open space and associated demolition of an existing dwellinghouse - Beechfield Manor. 3.2. The initial layout included 58 detached dwellings all with integral garages. During the handling of the application, amendments were sought, the impact is set out in more detail in the assessment section. The number of dwellings has increased to 64 and contains a mix of terraced, semi-detached and detached dwellings of three to five bedrooms. 3.3. The proposal includes one vehicular entry point off Meikle Earnock Road. The entrance into the site then splits providing two routes around a central amenity/play space with dwellings arranged either side. The roads lead to the rear of the site providing another pocket of housing to the rear. A mix of road finishes and arrangements are provided to identify the primary route to the site. There are connections to the cycle way on Meikle Earnock Road, and two pedestrian paths linking into the adjacent residential site, to the east. 3.4. Landscaping details incorporating biodiversity measures have been proposed. Furthermore, a sustainable urban drainage system in the form of a below ground cellular tank is proposed along with measures including permeable paving and swales to mitigate against the proposed layout and improve existing drainage. 4. Relevant Planning History 4.1. This application is a major application which required a proposal of application notice (PoAN) prior to submission of the planning application. The PoAN notifies the Planning Authority of the intention to submit a major planning application and begins the consultation period with relevant stakeholders. The PoAN was duly submitted and consultation took place over summer 2024 under reference P/24/0005/PAN. 4.2. The Hamilton Community Growth Area was included in the South Lanarkshire Local Plan 2006 and a masterplan developed for approximately 2000 homes has been carried through subsequent local development plans. It was recorded in 2024 that 82
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over 850 dwellings of those planned have been built to date. The proposal would represent the last site along Meikle Earnock Road. 5. Supporting Information 5.1. In support of the planning application, the following information has been submitted:- Design and Access Statement Energy Statement Tree Report Pre-Application Consultation Report Statement of Community Benefit Stage 1 Geoenvironmental Investigation Report Drainage Strategy 6. Consultations 6.1. Environmental Services - No objection subject to conditions relating to contaminated land and construction noise. Response: Noted, the requested conditions shall be imposed on any permission issued. 6.2. Education Resources – No objection, subject to contributions to increase capacity in relevant catchment schools. Response: Noted, contributions shall be sought to mitigate impacts of the development, a concern raised by representees. 6.3. Roads (Development Management) – No objection, subject to conditions relating to the construction management plan, delivery routes, parking, visibility splays and footway connections. Response – Noted, the requested conditions shall be imposed on any permission issued. 6.4. Roads (Flooding) – No objection. Response – Noted. 6.5. Scottish Water – No objection. Response: Noted 6.6. West of Scotland Archaeology Service – No objections, subject to a condition requiring a programme of archaeological works. Response: Noted, the requested condition shall be imposed on any permission issued. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, which has been readvertised in association with the increase of dwellinghouses, a total of 6 representations have been received (5 objections, 1 support). The issues raised are summarised as follows:- Concerns for additional footpath link and the potential for anti-social behaviour Increase in housing is against nature and global climate emissions Concerns relating to existing drainage infrastructure, including historical connections within the site Concerns on impact on nature conservation Concerns on impact on road safety Concerns relating to traffic generation 83
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Concerns relating to noise and disturbance Concerns proposal does not align with planning policy relating to Scottish Planning Policy, as it would not contribute positively to community and exacerbates existing pressures Concern of impact on schools Lack of bus services along this section of road 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. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 5 Soils Policy 14 Design, quality and place Policy 15 Local Living and 20 minute neighbourhoods Policy 16 Quality homes Policy 18 Infrastructure first Policy 19 Heating and cooling Policy 20 Blue and green infrastructure Policy 21 Play, recreation and sport Policy 22 Flood risk and water management 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 1 – Spatial Strategy Policy 2 – Climate Change Policy 5 – Development Management and Placemaking Policy 7 – Community Infrastructure Assessment Policy 16 – Water Environment and Flooding Policy 11 - Housing Policy 12 – Affordable Housing Policy 13 – Green Network and Greenspace Policy 14 – Natural and Historic Environment 84
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SLLDP2 Volume 2 Policies Policy SDCC7 - Low and Zero Carbon Emissions from New Buildings Policy SDCC3 - Sustainable Drainage Systems Policy SDCC2 - Flood Risk Policy SDCC4 - Sustainable Transport Policy DM1 – New Development Design Policy NHE18 – Walking, Cycling and Riding Routes Policy DM15 - Water Supply South Lanarkshire Council (SLC) Supporting Planning Guidance Community Infrastructure Assessment Electric Vehicle Charging Points August 2022 9. Guidance 9.1. None relevant. 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the erection of 64 dwellings off Meikle Earnock Road. The main issues to be addressed in the determination of this application include the detailed layout, siting, design and an assessment of technical matters. 10.2. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.3. Principle of Development SLLDP2 Policy 1 Spatial Strategy supports the development of the Community Growth Areas (CGAs), this site is located in the Hamilton CGA. SLLDP2 Policy 11 Housing advises development will be supported on sites included in the Housing Land Audit and identified on the proposals map. NPF4 Policy 16 (a) Quality Homes also supports allocated sites. In conclusion the proposal for housing at this site is suitable in principle. 10.4. Climate Change NPF4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. SLLDP2 Policy SDCC7 requires the use of low carbon technologies. NPF4 Policy 19 Heating and cooling advises buildings should be designed to promote sustainable temperature management, prioritising matters such as siting, orientation and materials. 10.5. The submitted Energy Statement sets out that where possible, habitable rooms have been directed to south and west, use of air source heat pumps are proposed, and a range of other measures in terms of materials and construction of the proposed dwellings are considered. Technical considerations of the impact on flooding and drainage are considered later in the report. As are impact on biodiversity, green network and soils. Therefore, overall, the proposal is considered, on balance, to meet the terms of NPF4 Policy 1 and Policy 2 and SLLDP2 Policy 2 and SDCC7. 85
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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. NPF4 Policy 21 Play, recreation and sport requires proportionate play provision, which is integral to the layout and overlooked. 10.7. The Council has set out its approach to design within its Placemaking in South Lanarkshire sheet approved at Planning Committee in May 2025. SLLDP2 Policy 5 – Development Management and Placemaking 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 include green infrastructure, also promoted by SLLDP Policy 13. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.8. The submitted Statement of Community Benefit (required by NPF4 Policy 16) sets out the proposal would meet local housing requirements by providing adaptable and wheelchair accessible homes which are energy efficient. It also advises that the proposal will provide walking, wheeling and cycling links, including open space and green infrastructure on site. The statement concludes that the proposal will meet local housing requirements, provide local infrastructure and improve residential amenity of the surrounding area. 10.9. The initial layout submitted included 58 detached dwellings all of which included integral garages, resulting in a car dominated layout. During the handling of the application the layout has been altered to a mix of detached, semi-detached and terraced dwellings. With changes to relocate parking by utilising side parking and rear/mews parking arrangements. Whilst the number of dwellings has increased to 64, this has resulted in a layout with the pedestrian in mind, improved visual amenity of the layout and improved landscaping to the edge of the site. 10.10. The amenity space and play provision are considered to be proportionate to the scale of development and have been designed as an integral part of the layout. The amenity space is located at the entrance of the site and the relocation of parking to the rear means the amenity/play space is well overlooked for passive surveillance, whilst being easily and safely accessible. Details of the play equipment will be sought by condition. Further path connections have been sought and shown on plans to connect into the adjoining existing residential development and the wider paths for the CGA, in line with NPF4 Policy 20 and SLLDP NHE18 relating to walking routes and blue/green infrastructure. 10.11. Whilst the house design finishes and materials proposed are in line with the type of housing in the surrounding area. There has been an increased use in walling and landscaping at key points of the proposal, including those fronting Meikle Earnock. 10.12. These changes support the aims of successful placemaking in South Lanarkshire and the proposal is deemed to meet the terms of NPF4 Policies 14, 12, 20 and 21 and SLLDP2 Policies 5, 13, DM1 and NHE18. 10.13. Infrastructure and Affordable Housing. NPF4 Policy 18 Infrastructure first requires that the impact of development proposals on infrastructure should be mitigated. This includes education, existing and planned transport infrastructure and recreation. The SLLDP2 Policy 7 Community Infrastructure Assessment has guidance relating to this matter under the Community Infrastructure Assessment. 86
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10.14. A cumulative assessment of the Hamilton CGA was undertaken when a Section 75 agreement for the majority of the Community Growth Area was agreed covering topics of affordable housing, education, roads and community infrastructure. Whilst the Section 75 considered the whole of the Community Growth Area this site was not within its legal boundary. Any receipt of contributions to mitigate impact of this development would be in line with the cumulative assessment for the overall CGA. The applicant has offered that contributions would be provided in the form of a Section 69 legal agreement. 10.15. Sustainable Transport and Local Living. NPF4 Policy 13 Sustainable Transport and NPF4 Policy 15 Local Living seek to promote proposals that encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel. This is a concern which has been raised by representees. 10.16. The Community Growth Area, albeit initiated a number of years ago, was designed with the above concern in mind. As this site is at the edge of the Community Growth Area, by its nature is likely to be less well served than others. Meikle Earnock Road serves as the main route to local facilities. It has been designed throughout the development of the CGA to provide segregated and safe walking routes and a cycleway, and to accommodate any re-routed bus route to the Hamilton town centre and local facilities. 10.17. This would position a bus stop on Meikle Earnock Road approximately 200m from the application site once there is sufficient population for a viable service. Within the proposal, there would be paths of sufficient width and gradient to accommodate wheeling. All dwellings would have sufficient space within integral garaging or garden ground for cycle parking. 10.18. Overall, given the context of the Hamilton CGA and the design of Meikle Earnock Road, it is considered that the proposal meets the sustainable transport and local living policies, NPF4 Policy 13, 15 and SLLDP Policy SDCC4. 10.19. Biodiversity and Landscaping Policy 3 Biodiversity requires all major proposals will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This site is located on the outer edge of the CGA and the Hamilton settlement boundary and shall provide the defensible green belt boundary. 10.20. An ecological assessment has been submitted concluding there are no protected species on site and a review of surrounding and existing characteristics which sets out enhancement recommendations to achieve positive effects on biodiversity. These include preconstruction survey works, protection areas from adjacent oak tree and sets out opportunities to include bird boxes to trees and buildings, retain, protect and enhance the existing hedgerow, plant more native species hedges and trees as part of landscaping and wildflower planting and shrub planting within amenity areas. These recommendations have been reflected in the landscaping plans submitted, there is use of hedging and trees in front gardens, flowering lawns, bulbs within amenity areas, and use of log piles and bird boxes. The landscaping details include construction details in line with British Standards relating to soils, details will be sought on construction details to minimise disturbance to soils on the retained hedge boundary in line with NPF4 Policy 5 Soils. Conditions shall be imposed to ensure preconstruction surveys, tree protection and maintenance requirements of all 87
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elements of biodiversity and landscaping. In summation, the proposal meets the terms of NPF4 Policy 3 Biodiversity. 10.21. Technical Matters NPF4 Policy 22 Flood Risk and Water Management seek to ensure that development proposals will not increase the risk of surface water flooding to others or be at risk itself. All rain and surface water shall be managed through sustainable urban drainage (SUDS), SLLDP Policy 16 and SDCC3 carries similar aims, and the area of impermeable surface is to be minimised. Existing drainage issues have been raised by representees. 10.22. There is risk of surface water flooding on the northwest corner of the site, which has been taken into consideration in the technical design of the drainage layout. The drainage layout includes an attenuation tank at the northeast corner of the site and the use of swales to treat surface water. Permeable paving has been introduced on driveways and impermeable surfacing reduced. A condition shall be imposed to seek any further detailed technical requirements in relation to drainage. Scottish Water have raised no objections. The proposal meets the terms of NPF4 Policy 22 and SLLDP2 SDCC3 and DM15. 10.23. Conclusion The site is located in the Hamilton Community Growth Area. As such, the principle of residential development at this site been established. On balance, the loss of the existing dwellinghouse can be accommodated. The design of Meikle Earnock Road can accommodate walking and cycle routes and a possible bus route provide sustainable links to the site. 10.24. The internal layout provides a focus on the central amenity/play space and the pedestrian. The design of the dwellings fits with the surrounding character and is deemed to meet the terms of NPF4 Policy 14 and SLLDP2 Policies 5 and DM1. Technical aspects in terms of roads, flooding and drainage and servicing have been resolved, meeting NPF4 Policy 22 and SLLDP2 Policies SDCC3 and DM15. The existing biodiversity of the site and surrounding area has been considered and biodiversity enhancement measures identified along with suitable landscaping, in line with NPF4 Policy 3. Contributions to education, roads, community infrastructure and affordable housing shall be sought to mitigate the impact of the proposal. 10.25. Overall, the proposal represents an appropriate form of development and addresses the relevant technical matters. The proposal is acceptable and it is recommended that planning permission is granted subject to conditions and the conclusion of a legal agreement. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant subject to conditions following conclusion of a legal agreement:- The Section 69 agreement shall cover subject matters of affordable housing, education, roads and community infrastructure. If the Section 69 agreement is not agreed within six months of the decision of Committee, the Planning Authority reserve the right to return to Committee to seek refusal of the application. 88
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Conditions 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That prior to any works starting on site the applicant is required to undertake a comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) Land Contamination Risk Management Guidance (LCRM)– issued by DEFRA and the Environment Agency the latest edition of BS 10175– British Standards institution ‘The Investigation of Potentially Contaminated Sites – Code of Practice’. (a) The Phase 1 investigation indicates potential pollution linkages, and the formulated Conceptual Site Model for these linkages has been subjected to risk assessment. A Phase 2 investigation is required, and following a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. , (b) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council’s written approval of the remediation plan. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 04. 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 the fences to be erected around the play area(s); and (d) details of the phasing of these works. Reason: To ensure the provision of adequate play facilities within the site. 89
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05. 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. 06. That prior to the commencement of any works associated with the development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Council as Roads and Planning Authority and implemented thereafter. This plan should include details of delivery route for HGV traffic and construction vehicles, dilapidation surveys in line with the delivery route, access and parking provision for staff and visitors, intended working hours, the management and storage of deliveries and further information regarding the provision of wheel washing facilities to prevent mud being carried on to the adopted road. Reason: In order to retain effective planning control. 07. That prior to any work commencing on the site, a maintenance management schedule for the landscaping scheme and biodiversity enhancement measures shown on approved plans shall be submitted to and approved by the Council as Planning Authority. The schedule shall detail areas to be managed communally i.e. by factoring arrangement and those areas retained under private management. Reason: In the interests of the visual amenity and biodiversity of the area. 08. 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 in agreement with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 09. That no development shall commence until pre-construction species surveys are carried out within the development site in accordance with the Preliminary Ecological Appraisal dated 3 February 2025. Where protected species are found to be present and could be impacted by the development, a species protection plan should be submitted to and approved in writing by the Council as Planning Authority. Reason: In order to retain effective planning control. 90
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10. Prior to the commencement of the development hereby approved (including any demolition and all preparatory work), a scheme for the protection of the retained hedgerow and adjacent soils on the western boundary and retained tree 1038 on tree constraints plan, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure that adequate steps are taken to protect existing hedgerow and trees on the site throughout the period of the proposed building operations. 11. That prior to the completion or occupation of the last dwellinghouses within the development, all of the works required for the provision of equipped play area(s) included in the scheme approved under the terms of Condition 04, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area. Reason: To ensure the provision of adequate play facilities within the site. 12. That before the first dwelling house is completed or brought into use, the footway along the frontage and connecting to existing footway on Meikle Earnock Road as shown on approved drawing MER0-SL-01 Rev N shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of pedestrian connections to and from the site. 13. That before the development hereby approved is completed or brought into use, a driveway access shall be formed of 2m x 20m where there are traffic calming measures and 2m x 35m where there are none. A pedestrian visibility splay of 2.4m by 2.4m from the heel of the footway shall be provided. Reason: In the interests of traffic and public safety. 12. Reason for Decision 12.1. The application seeks full planning permission for the erection of 64 dwellinghouses including access roads, landscaping, land engineering operations and associated works including demolition of the existing dwelling. The proposed residential use on an allocated site in the Hamilton Community Growth Area (CGA) is suitable in principle. The detailed proposed layout and design is considered suitable in terms of the surrounding character of the CGA, placemaking and technical aspects. The proposal meets the terms of Policies 1, 2, 5, 7, 16, 11, 12, 13, 14, SDCC7, SDCC3, SDCC2, SDCC 4, DM1, NHE18 and DM15 of the South Lanarkshire Local Development Plan 2 and Policies 1, 2, 3, 5, 12, 14, 15, 16, 18, 19, 20, 21 and 22 of National Planning Framework 4. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/24/1561 - Erection of 64 dwellinghouses including access roads, landscaping, land engineering operations and associated work, including demolition of existing dwellinghouse. 91
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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 92
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0229 Proposal: Change of use of nursery (Class 10) to 3no. retail/professional services units (Class 1A) on ground floor and HMO flatted dwelling (sui generis) on first floor and associated alterations, and formation of car park Site Address: 51 Machan Road Larkhall ML9 1HX Applicant: Mr Sikandar Cheema Agent: Scott Allan Ward: 20 – Larkhall Application Type: Full Planning Permission Advert Date: N/A Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 11 95
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under the South Lanarkshire Council Scheme of Delegation, as it has more than 5 letters of representation both in support and objecting to the proposal. 2. Site Description 2.1. The site relates to a vacant commercial building at 51 Machan Road which is adjacent to an area of open space. The site is within the settlement of Larkhall as defined in the South Lanarkshire Local Development Plan 2. 2.2. The building was formerly occupied by Big Bird Nursery (Class 10). It has a total footprint of 324m2, with a two-storey element of 149m2. The single-storey section has a flat roof, while the upper storey has a gabled pitched roof. The building is finished externally in render with some stone detailing. 2.3. The rectangular site is approximately 0.13ha, including 560m2 of public open space currently in Council ownership. Any transfer of ownership would require the appropriate process to be undertaken separately from the consideration of this planning application. The site lies adjacent to a church, with the surrounding area primarily comprising dwellinghouses. Machan Road forms part of the B7078, the main thoroughfare through Larkhall, and the site is located approximately 0.5 miles south of the town centre. 3. Description of Proposed Development 3.1. The proposal is for the change of use of the ground floor to 3 retail/professional service units (Class 1A) and the upper floor to a 5-bed House in Multiple Occupation (HMO). The proposed floor areas are approximately: 1 unit at 156m², 2 units at 50m² each, and the HMO at 120m². The development includes access alterations, car parking, window and door changes, and fencing to create bin stores and a private garden for the residential unit. 4. Relevant Planning History 4.1. None 5. Supporting Information 5.1. Information submitted in support of the application includes:- Supporting statement Transportation report Parking survey 6. Consultations 6.1. Roads Development Management - The proposed access arrangements and parking provision are acceptable. Response: Noted 6.2. Environmental Services - No adverse comments or objections. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 347 representations have been received (252 objection, 95 support). The issues raised are summarised as follows:- 96
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Principle of Development Not the right location for shops Not the right location for an HMO Amenity Noise Waste Disruption Antisocial behaviour Loss of green/open space Access Insufficient parking Increase traffic Road safety The parking survey that has been submitted is flawed 7.2. The above matters are considered in the assessment below and a full copy of the representations 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. 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 for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 Tackling the climate and nature crisis Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity 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 Policy 16 Quality homes Policy 28 Retail 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. 97
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SLLDP2 Volume 1 Policies Policy 2 Climate Change Policy 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 10 New Retail/Commercial Proposals 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 Policies 9 and 12 of NPF4 aim to encourage and facilitate the sustainable reuse of vacant and empty buildings to reduce the reliance on greenfield development and minimise waste. The nursery use is redundant as the building is vacant therefore a proposal to bring the building into use aligns with the intention of these policies. 10.2. Regarding the residential element of the proposal, the site is within a settlement where Policy 3 of the SLLDP2 and Policy 16 offer support to small scale residential proposals that provide quality homes with good amenity. The proposed HMO meets the minimum floor space standards set out in the Scottish Government’s 2004 guidance. The Planning Authority must ensure that all homes deliver high-quality living environments. However, the proposal would result in poor residential amenity and fails to meet the quality home expectations of Policy 3 of SLLDP2 and Policy 16 of NPF4. 10.3. Regarding the retail element of the proposal, Policy 15 of NPF4 aims to create well- connected, compact, and mixed-used neighbourhoods which enable residents to meet their daily needs within a reasonable distance from home, preferably by walking, cycling, or using sustainable transport. Policy 28 of NPF4 applies a 'town centre first' principle but supports small-scale neighbourhood retail outside town centres. The proposed retail units total under 270m², are in a largely residential area with limited retail provision nearby, and benefit from pedestrian links. As such, they would serve a legitimate neighbourhood function. Comments regarding the shops on Keir Hardie Street are noted, but these are also three small units which offer different pedestrian permeability than the application site. 10.4. Policy 10 of the SLLDP2 sets out a town centre first approach to retail proposals and requires retail assessments. Unlike NPF4, there is no exception for small neighbourhood shops. However, per section 24(3) of the Town and Country Planning (Scotland) Act 1997, where there are inconsistencies in policies then NPF4 takes precedence. Furthermore, retail assessments are required over 1,000m2 but there is lenience for smaller proposals. Consequently, the terms of Policy 10 of the SLLDP2 are not considered reasons for the proposal to be viewed as contrary to the development plan. 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. 98
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10.6. The limited private space and room sizes within the proposed HMO raise concerns regarding the wellbeing of future occupants, which is a core consideration under the 'healthy' quality of successful places in Policy 14 of NPF4. One of the bedrooms measures just 6.5m2. This can be detrimental to physical and mental wellbeing. Therefore, the proposal is not considered consistent with the ‘healthy’ quality of successful places promoted by Policy 14. 10.7. Notwithstanding that the proposal is contrary to policy due to the scale of the HMO, the existing building is suitable for re-use and, with the proposed alterations, could accommodate a small group of retail units with residential accommodation above in a way that integrates with the area’s character. The property currently appears run- down, with boarded-up windows and evidence of vandalism; bringing it back into use would enhance the streetscape. The site has a long-established commercial history, and small retail premises are a common and appropriate feature in residential areas, generally with limited amenity impact. 10.8. While concerns have been raised about the loss of open space, this area offers limited amenity value beyond its visual contribution. Landscaping is proposed around the new car park to mitigate visual impact, and the existing footpath to the larger open space at the rear would be retained. Access and Transport 10.9. Policy 13 of NPF4 aims to encourage developments prioritising sustainable travel methods, such as walking, cycling, and public transport, while minimising unsustainable travel. It emphasises factors like safe and accessible connections to local facilities, integration of transport modes, and provision of cycle parking. Additionally, Policy 5 of SLLDP2 requires developments to have suitable access arrangements, including parking. 10.10. The site is ideally located to serve as a neighbourhood shop which can be accessed by sustainable means. Objections were received regarding limited parking availability and road safety concerns. The proposed car park meets the recommended parking standard for the scale of development and the Roads Authority have confirmed that they find the proposal acceptable. Furthermore, a neighbourhood shop can help reduce vehicle movements in the area as residents have more opportunity to meet some daily needs without using a car. Overall, it is considered that the proposal is conducive to the aims of Policy 13 of NPF4 and the provision of Policy 5 of the SLLDP2. 10.11. 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. 10.12. Policy 3 of NPF4 requires development proposals to enhance the biodiversity value of the site. While biodiversity gains are limited due to the reuse of an existing building, landscaping and planting associated with the car park could offer modest enhancement. Planting is proposed, and appropriate conditions could be applied if the principle of development was acceptable. 99
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10.13. Technical Matters Policy 12 of NPF4 requires appropriate waste storage and separation. Suitable scaled bin stores for each unit and the residence are shown on the plans, which are located out of the streetscape and to ensure minimal conflict between the residential use and commercial waste. 10.14. Concerns were raised about potential use as a hot-food takeaway. However, this application relates solely to Class 1A uses, which do not include hot-food takeaways. Any such change would require a separate planning application. 10.15. Conclusion In summary, the proposal for small-scale retail units aligns with the principles of the development plan and would bring a vacant building back into use in a way that enhances the streetscape. However, the proposed HMO flat would not offer adequate living standards or amenity for future residents, and this significantly undermines the overall acceptability of the scheme. As such, the proposal is contrary to Policy 3 of the SLLDP2 and Policies 14 and 16 of NPF4. 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 3 - General Urban Areas and Settlements of the South Lanarkshire Local Development Plan 2 as the scale of the HMO flat would be detrimental to the amenity of its residents. 02. The proposal would be contrary to Policy 14 - Design, Quality and Place of National Planning Framework 4 as the scale of the HMO flat would not promote wellbeing and be inconsistent with the healthy quality of successful places. 03. The proposal would be contrary to Policy 16 – Quality homes of National Planning Framework 4 as the scale of the HMO flat is not considered sufficient to create a quality home. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/25/0229 | Change of use of nursery (Class 10) to 3no. retail/professional services units (Class 1A) on ground floor and HMO flatted dwelling (sui generis) on first floor and associated alterations, and formation of car park | 51 Machan Road Larkhall ML9 1HX 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. 100
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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 101
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0360 Proposal: Erection of two storey dwellinghouse for agricultural worker Site Address: Land 200M Southeast of Newton Farm Newton Highway Strathaven South Lanarkshire Applicant: Mr Robert Richie Agent: Stuart MacGarvie Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 22 April 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 12 103
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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 0.6 hectares, is located on land to the south of Newton Farm, approximately 1km to the south of Strathaven. The site is bounded to the north, west and south by open countryside and to the east by a recently constructed agricultural building. 3. Description of Proposed Development 3.1. The proposal is for the erection of a large two storey dwellinghouse. The proposed dwellinghouse would comprise five double bedrooms in addition to office, living, kitchen, dining, utility, snug and balcony areas. Dedicated car parking and garden ground would be provided externally to the dwellinghouse. Access to the site would be taken via a private access road from Newton Highway to the site. The applicant advises that the dwellinghouse would be for the use of a farm worker on site. 4. Relevant Planning History 4.1. A prior notification submission was made in respect of the erection of an agricultural building directly to the east of the application site in May 2024 (Planning Ref: P/24/0667). The building has since been erected on site. 5. Supporting Information 5.1. The applicants have submitted a planning statement, a design statement and a labour requirement report in support of their proposals. 6. Consultations 6.1. Roads, Transportation and Fleet Services – offered no objection to the proposed development, subject to conditions relating to access details, EV charging provision and the provision of passing places along the access road to the site from the public road. Response: Noted. 6.2. Environmental Services – offered no objection to the proposed development. Response: Noted. 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, five letters of objection have been received. The issues raised are summarised as follows:- Scale and design Failure to comply with planning policy Impact on green belt Landscape impact Impact on road and public safety Climate change impact Insufficient justification for an agricultural worker’s dwellinghouse 104
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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 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 considerations in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development In terms of the principle of the development, the site is located within the 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. 105
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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. One of the development types that will be supported in principle relates to residential accommodation required and designed for a key worker in a primary industry within the immediate vicinity of their place of employment where the presence of a worker is essential to the operation of the enterprise. Similar policy provision is also set out in Policy 17 – Rural homes. 10.4. Similarly, Policy 4 – Green Belt and Rural Area of SLLDP2, together with Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business, requires proposed developments in green belt locations to be for agricultural, forestry, recreation or other uses generally appropriate to the countryside and resist isolated and sporadic development. In respect of the provision of a permanent dwellinghouse, Policy GBRA10 requires that the business has been established on site for at least two years. 10.5. Whilst the business operations are linked to an existing agricultural business at Bishopton in Renfrewshire, it has been clarified that the proposal relates to a newly established business on the site. As the business is newly formed on site, it cannot be satisfactorily demonstrated at this time that it necessitates the provision of a permanent dwellinghouse for a key worker at this location as required by Policies 8 and 17 of NPF4. The business has also not been established for a sufficient time period to allow compliance with Policy GBRA10 of SLLDP2. As a result, the proposed development would represent isolated and sporadic development within the green belt and would also fail to comply with Policy 4 of SLLDP2. The principle of the proposed development is therefore unacceptable in planning policy terms. 10.6. Siting and Design With regard to siting and design considerations, Policy 8 of NPF4 requires proposed developments within the green belt to be designed to ensure they are of an appropriate scale, massing and external appearance and to be compatible with the surrounding established countryside and landscape character. 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. 10.7. Policies 5, DM1 and GBRA1 of SLLDP2 require proposed developments to be appropriately designed and scaled in the context of the location in which they are to be sited. With specific regard to agricultural workers’ dwellinghouses, Policy GBRA10 requires such dwellings to be commensurate with the functional requirements of the business operation. 10.8. The proposal relates to a large two storey dwellinghouse comprising five double bedrooms with a total floor area of 366 square metres. The proposed dwellinghouse would not be of a scale or design that would be in keeping with its countryside location or satisfactorily relate to the local rural landscape character. The proposed dwelling would also not be commensurate with its proposed use as a farm worker’s dwelling in terms of its scale. The proposed development would therefore fail to comply with the provisions of Policy 8 of NPF4 and Policies 5, DM1 and GBRA10 of SLLDP2 with regard to siting and design considerations. 106
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10.9. 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 development is proposed 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 fails to comply with the provisions of Policies 1 and 2 of NPF4 or Policy 2 of SLLDP2. 10.10. Conclusion Following a detailed assessment of the proposals, it is concluded that the principle of this proposed residential development within the green belt has not been justified in this case, as it has not been demonstrated that the provision of a permanent dwellinghouse is essential for a key worker at this location. In addition, the proposed development is not of an appropriate design or scale and is not commensurate with the functional requirements of the business operation on site. 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 17 – Rural Homes 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, would not facilitate the provision of an appropriate rural dwellinghouse. 03. The proposal would be contrary to Policy 4 - Green Belt and Rural Areas and Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business of the South Lanarkshire Local Development Plan 2 (2021) as it relates to isolated, sporadic development in the countryside and it has not been appropriately justified in terms of being development which would require to be located within the green belt. 04. 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 GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business of the South Lanarkshire Local Development Plan 2 (2021) as it would not be appropriately scaled and would not be commensurate with the functional requirements of an agricultural worker's dwellinghouse. 107
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David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/25/0360 | Erection of two storey dwellinghouse for agricultural worker | Land 200M Southeast Of Newton Farm Newton Highway Strathaven South Lanarkshire 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 108
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0388 Proposal: Installation of a 20 MW Battery Energy Storage System (BESS) with associated infrastructure Site Address: Plot 4A Hurlawcrook Road East Kilbride Applicant: Queequeg Renewables Ltd Agent: Mabbett and Associates Ltd Ward: 5 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 16 April 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 13 111
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The site, which has an area of approximately 0.9 hectares, is located to the south of Hurlawcrook Road in the Langlands area of East Kilbride. It is designated as Core Industrial/Business Land and is currently undeveloped. 2.2 The land is bounded to the north by Hurlawcrook Road, with a storage and distribution facility located opposite, to the east and west by existing industrial/commercial properties within the Langlands industrial area and to the south by undeveloped land forming part of the green belt. The ground is predominantly flat and is accessed from the north via Hurlawcrook Road. 3. Description of Proposed Development 3.1. The proposal is for the formation of a Battery Energy Storage System (BESS) facility and for the installation of associated infrastructure. The facility would store electricity and release it back into the grid when there is demand. A vehicular access is proposed to be formed to the site from Hurlawcrook Road. The battery units would be enclosed within BESS containers, similar in appearance to shipping containers. 3.2 The proposed development would comprise of:- 16 battery containers (approximately 3.1m in height) 1 transformer station (approximately 2m in height) 4 Medium Voltage (MV) Cabins (approximately 3.1m in height) 2 Distribution Network Operator (DNO)/Customer Substations (approximately 4m in height) 1 welfare container (approximately 2.6m in height) fencing and security measures, including five inward facing CCTV cameras at a height of 4m maintenance tracks and a site access gate 4. Relevant Planning History 4.1 A Proposal of Application Notice (PAN) for this proposed development was submitted in April 2024 (P/24/0004/PAN) with details provided of pre-application public consultation events, and confirmation that details of the proposal would be sent to local elected members. 4.2 This PAN was followed up by the submission of Planning Application reference P/24/0970, which was withdrawn by the applicant before a decision was made. 4.3 This current application represents a resubmission of the earlier withdrawn application and is promoted under the terms of the extant PAN. 5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- Planning Statement Design and Access Statement Pre-Application Consultation Report 112
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Landscape and Visual Appraisal (LVA) LVA Graphics and Visualisations Illustrative Landscape Masterplan Preliminary Ecological Assessment Flood Risk Assessment and Drainage Strategy Preliminary Contamination Risk Assessment Report Coal Mining Risk Assessment Noise Impact Assessment Construction Traffic Management Plan Access Appraisal Battery Safety Management Report Economic Note 6. Consultations 6.1. Environmental Services – offered no objections and have suggested several advisory notes. Response: Noted and these matters could be addressed on the decision notice if the application were to be approved. 6.2 Roads, Transportation and Fleet Services – offered no objections, subject to the inclusion of conditions relating to access provision, the provision of an appropriate visibility splay, the undertaking of a dilapidation survey and the approval of a Traffic Management Plan for the construction phase. Response: Noted. These matters could be addressed through conditions on the decision notice if the application were to be approved. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 3 objections have been received. Each of these objections raise concerns regarding the potentially adverse impacts of the development upon Longlands Moss, which lies a short distance to the west of the site. 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 for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 11 - Energy Policy 14 - Design, quality and place Policy 18 - Infrastructure first Policy 26 - Business and industry 113
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8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 8 - Employment Policy 18 - Renewable Energy SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy RE1 - Renewable Energy Policy ICD2 - Non-Conforming Uses in Core Industrial Areas South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 9. Guidance 9.1. The following documents set out the Scottish Government’s views, policies and priorities in relation to energy, sustainability, climate change and related topics, and they are relevant to the assessment of this application:- Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) Scottish Government Energy Storage Planning Advice (2013) 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 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2 Principle of Development In terms of the principle of the development, as the site is located within a designated Core Industrial and Business Area, Policy 26 – Business and industry of NPF4 and Policy 8 – Employment of SLLDP2 is applicable. Policy 26 of NPF4 seeks to encourage, promote and facilitate business and industry uses within the designated areas. It seeks to ensure that there is a suitable range of sites that meet current market demand for business and industry uses and support development proposals for business and industry uses where they are compatible with the primary business function of the area. 10.3 It is noted that, in this case, the proposal would result in the loss of designated core business and industry land to a renewable energy use that would not generate employment on site beyond the initial construction stage. The site in question would no longer be available for a business and industry use once developed as a battery storage facility. 114
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10.4 The proposal would not generate any permanent on-site employment and therefore would not encourage, promote or facilitate business and industry uses nor would it help to ensure that there is a suitable range of sites that meet market demand for business and industry uses in designated areas. As such, the proposals do not comply with the provisions of Policy 26 of NPF4. 10.5 In such circumstances proposals are assessed against the provisions of Policy ICD2 - Non-Conforming Uses in Core Industrial Areas which requires all non-business and industry uses proposed to be sited within Core Industrial Areas to be considered against the following criteria to determine if an exception to policy 26 can be made:- a. The effect the proposal will have on the continuity of the marketable industrial land supply in terms of quantity, range and quality. b. Development for residential use will not be permitted. c. The proposal must not undermine the vitality and viability of existing town and local centres within South Lanarkshire and should follow the sequential approach as set out in LDP2 Policy 10. d. That the development of the site or premises would not adversely affect the industrial operation, amenity, industrial character or function of the area, including traffic movement and circulation. e. The site or premises has been subject to a marketing appraisal for uses within classes 4, 5 and 6 to the Council’s satisfaction and has been actively marketed for these uses for a minimum period of six months. f. The site or premises can easily be accessed from main road routes and has satisfactory access by walking, cycling and public transport. g. The infrastructure implications, including the impact on the transport network of the development are acceptable, or can be mitigated to an acceptable level. h. The proposal includes appropriate parking provision for the type of development. i. The development shall have no significant impact on the natural and historic environment and no adverse impact on the integrity of any Natura 2000 sites. The policy also requires proposals for non-conforming uses to be accompanied by a business plan demonstrating the viability of the business and a justification for locating in an industrial area. 10.6 In this instance the proposed development would have an adverse impact in terms of a) above, as it would result in the loss of a designated site within a core industrial area to a use that would not generate permanent on-site employment beyond the initial construction phase. In addition, South Lanarkshire Council appointed property consultants Ryden to provide a suite of employment land and property market reports for the area and four specific locality reports including one focused on East Kilbride. The report found that all areas of South Lanarkshire have very limited industrial availability. East Kilbride reflects this with only a 2.8% floorspace availability rate (Ryden May, 2024). The site is located in one of East Kilbride’s more modern industrial areas where demand tends to be highest. The report states that at this low level of vacancy, occupiers may experience very limited choice of premises, while demand for serviced plots continues against a critically low supply. The loss of this designated site to a non-employment use would further adversely impact on the already limited availability of industrial land within the town. 10.7 Following the withdrawal of the previous application the applicant has prepared an Economic Note to support the applicant’s contention that the loss of this area of allocated business/employment land will have no significant adverse impacts in relation to the application of Policies 8 and ICD2. It states that the application site is 115
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currently on the market for sale or rent and has been for some time and therefore it is not anticipated that the proposal will have a detrimental impact on the continuity of the marketable land due to the lack of demand and interest in this site at this location within East Kilbride. It will result in a small amount of employment land being taken from a Core Industrial and Business Area. Whilst the terms of the submitted Economic Note are noted, it is not considered that it provides sufficient evidence to support a departure from the terms of the local development plan. 10.8 Overall, it is not considered that there is appropriate justification in respect of the proposed siting of the battery storage facility at this designated core business and industry location, particularly given the identified shortage of industrial land within East Kilbride. As a result, the proposals as submitted do not comply with the provisions of Policy ICD2. It is concluded that the proposals do not represent an appropriate development at this location and fail to comply with Policy 8 of the adopted plan. 10.9 With regards to energy policy, NPF4 Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies including wind farms, enabling works and energy storage. Proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. Project design and mitigation should address matters including the impact upon amenity, the environment, biodiversity, road networks and similar matters. 10.10 NPF4 Policy 18 – Infrastructure first supports development proposals which provide infrastructure in line with that identified necessary in local development plans, however, the impacts of development proposals on infrastructure should be mitigated and addressed where applicable. Scottish Government Energy Storage Planning Advice (2013) suggests that authorities should consider whether sites within existing industrial land allocations or brownfield land are suitable for energy storage. Given its core industrial location in addition to the severely limited industrial land availability within East Kilbride and the failure of the proposal to comply with the relevant policies of the adopted Local Development Plan as outlined above, it has been determined that the application site is not suitable for an energy storage use. 10.11 Council policy regarding renewable energy as set out in Policies 18 and RE1 of the SLLDP2 and in the Council’s Renewable Energy Supporting Planning Guidance (2021) recognise that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. In this case the East Kilbride South substation is 680m to the northeast of the site. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. It is recognised that energy storage is an important part of the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including battery storage. It is also recognised that whilst the generation of electricity from batteries is not in itself a renewable source of energy, Scottish Ministers have previously regarded some large BESS developments as essential infrastructure due to their provision of energy storage, and the added flexibility and resilience they provide for the wider electricity network. 10.12 On balance, it is considered that the provision of this 20MW battery energy storage facility would not be viewed as essential infrastructure which would require to be located within a designated Core Business and Industry Area. In this respect, whilst the principle of such storage technology is supported by the Scottish Government and by the Council, there is no specific requirement for this proposal to be sited within a 116
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designated Core Business and Industry Area, particularly given the existing identified severely limited availability of such land in the East Kilbride area. In view of the above, it is considered that the principle of the development cannot be justified at this Core Business and Industry location. 10.13 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. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. In this case it has been demonstrated that the development would not adversely impact on biodiversity interests and there are no specific concerns regarding climate change issues associated with the proposal in this instance. Concerns have been raised by objectors about the impact of the proposal on the nearby Langlands Moss SSSI. The ecological appraisal submitted with the application states that, as the site is located approximately 365m to the east of the SSSI, there is no hydrological connectivity between them and therefore it is not anticipated that the proposed works will impact the designated site. 10.14 Layout, Siting and Design In terms of the design of the proposal, the relevant policy of NPF4 to be considered is Policy 14 – Design, quality and place. This policy requires development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 – Development Management and Placemaking and DM1 – New Development Design state that development proposals should take account of and be integrated within the local context and built form. Proposals should be of a high quality, of either traditional or contemporary innovative design and shall make use of appropriate materials which respect and reinforce local character and identity. New development should also have no significant adverse impacts on the local community. Given the business and industry location of the application site, it is not considered that the proposals would appear significantly out of place in visual terms. However, as noted elsewhere in the report, the impact of the proposed development on the marketable industrial land supply in terms of quantity, range and quality is considered to render the principle of the development unacceptable and this is considered to outweigh considerations regarding layout, siting and design in this case. 10.15 Conclusion Following a detailed assessment of this proposal, it is considered that whilst policy recognises the need to support the wider energy network through the development of Battery Energy Storage Systems, such proposals should maximise net economic impact, including local and community socio-economic benefits such as employment. In this instance, appropriate justification has not been provided for the siting of this proposal within a designated Core Industrial and Business Area and, particularly given the severely limited availability of such land within the East Kilbride area, it is considered that the proposed development would significantly adversely affect the marketable industrial land supply in terms of quantity, range and quality in this case. It is therefore considered that the proposal fails to comply with the relevant policies of the development plan, and it is recommended that planning consent is refused. 117
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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 - Employment of the South Lanarkshire Local Development Plan 2 (2021) as it would result in the loss of a site designated as Core Industrial/Business land to a non-employment use and does not meet the criteria in respect of non-conforming uses as set out in Policy ICD2 (Non-conforming Uses in Core Industrial/Business Areas) of the plan. 02. The proposal would be contrary to Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas of the South Lanarkshire Local Development Plan 2 (2021) as it would adversely affect the marketable industrial land supply in terms of quantity, range and quality and it has not been satisfactorily demonstrated that the site has been subject to a marketing appraisal for uses within Classes 4, 5 and 6 to the Council's satisfaction. 03. The proposal would be contrary to Policy 18 - Renewable Energy of the South Lanarkshire Local Development Plan 2 (2021) as, whilst the principle of this form of development is generally supported, the specific proposal does not accord with the other relevant policies in the development plan, specifically in relation to its Core Business/Industry land use location and impact upon core business industry land supply. 04. The proposal would be contrary to Policy RE1 - Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as the proposal would have an adverse economic impact given its location within a designated Core Industrial/Business land use location and sufficient justification in terms of economic benefit to the area has not been satisfactorily provided, outside of temporary, short term economic activity associated with the construction of the facility. As such, the proposal fails to satisfactorily take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance on Renewable Energy (January 2021), as well as the other relevant policies in the South Lanarkshire Local Development Plan 2 (2021). 05. The proposal would be contrary to Policy 11 - Energy of National Planning Framework 4 (2023) as, whilst the principle of this form of development is generally supported, the specific location of this proposal would have a significant adverse impact on the function of a site that is designated for employment uses and, as such, does not maximise socio-economic benefits due to its location, lack of employment opportunities and direct economic benefit to the community. 06. The proposal would be contrary to Policy 26 - Business and Industry of National Planning Framework 4 (2023) as it would result in the loss of designated employment land to non-employment use and, as such, would not be compatible with the primary business function of the area. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 118
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Background Papers Further information relating to the application can be found online:- https://publicaccess.southlanarkshire.gov.uk/online- applications/applicationDetails.do?activeTab=documents&keyVal=SU6UJ5OPLB600 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 119
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0432 Proposal: Change of use of dwellinghouse (Class 9) to children's residential care home to accommodate 4 children (Class 8 residential institution) Site Address: 36 Wellhall Road Hamilton ML3 9BL Applicant: Mrs Helena and Mr Kenneth Simpson Agent: None Ward: 17 - Hamilton North and East Application Type: Full Planning Permission Advert Date: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to condition Legal Agreement: N/A Direction to Scottish Ministers N/A 14 121
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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. This application relates to a one and a half storey house with a central dormer providing bedroom accommodation in the roof space in an established residential area of Hamilton. 2.2. The property has garden ground to the front and rear, with most of the front area mono- blocked to provide a large driveway that could accommodate approximately six cars. The adjacent properties are the same size and style and to the rear there are two semi-detached properties, also of a similar height and design. The property is opposite the entrance to Hiltonbank Street. 3. Description of Proposed Development 3.1. Permission is sought to change the use of the house from residential (class 9) to a children's residential care home (Class 8). The house would accommodate 4 children (up to, and including, age 21) who require trauma-informed care. The care would be provided by a small team of trained staff. The home would be staffed by six care workers and supported by a manager and external therapist when required. The six staff would work on a rotational basis, with two workers on duty per shift, to provide continuous support. 3.2. The application is for change of use only and therefore there will be no changes or alterations to the external appearance of the building or garden. 4. Relevant Planning History 4.1. HM/17/0302 - Erection of extensions and alterations to dwellinghouse including decking. Approved 1 August 2017. 4.2. HM/17/0418 - Erection of extensions and alterations to dwellinghouse including decking (amendment to HM/17/0302). Approved 28 September 2017. 5. Supporting Information 5.1. Business Statement - this outlines how the proposed children’s home will operate, including the number of children, the number of staff and shifts, the qualifications of those in charge along with details of the parking provision. 6. Consultations 6.1. Environmental Services - No objections, subject to informatives on health and safety, food safety and nuisance noise. Response: Noted. Should planning permission be approved an appropriate informative will be attached to any decision issued. 6.2. Care Inspectorate - No objection to the principle of the change of use. They advise that some internal alterations or reconfiguration may be required in order to meet their Care Homes for Children and Young People Design Guide. Any alterations required would be discussed with the applicant as part of the Care Inspectorate’s assessment of the proposed Children’s Home. Response: Noted. 122
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7. Representations 7.1. Following the statutory period of neighbour notification, 59 individual letters of representation (including one with a petition with 55 signatures) were received from residents of the surrounding streets objecting to the application. The issues raised are summarised as follows:- Inappropriate change of use given it is a residential area and this proposal is essentially a business. Noise and disturbance from antisocial behaviour will negatively impact on neighbouring properties and may also make residents feel unsafe. Increased vehicles to the property will cause traffic congestion on an already busy road. Increased vehicles, including delivery vans, will also create parking issues. Lack of community notification and consultation is underhand and everyone in the area should have been made aware of the proposal, not just immediate neighbours. Loss of privacy to neighbouring properties from increased people in the house. Suitability of the property in terms of privacy and internal layout. Ensuring the staff have adequate qualifications and training. Title deeds for properties in this street state that the houses can only be used for family homes, not businesses. This type of development will negatively impact on local property values. 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. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 23 - Health and safety 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 2 - Climate Change Policy 3 – General Urban Areas and Settlements Policy 5 - Development Management and Placemaking 123
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SLLDP2 Volume 2 Policies Policy DM7 – Demolition and Redevelopment for Residential Use 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development The site is located within the general urban area where Policy 3 of SLLDP2 applies. This policy looks to ensure that development proposals make a positive contribution to the character and appearance of the environment in which they are located, taking account of, and being integrated with, the local context and built form. 10.2. Proposals for uses that are ancillary to residential areas will be assessed on their merits, with particular regard to their effect on the amenity of the area. Whilst the change of use will result in a business, the care facility proposed at this location seeks to give young people somewhere to live that is as close to a home environment as possible and close to local amenities for the young people to integrate with a community. In essence, the house will still be a residential home just not for a stereotypical “family”. It is therefore considered that the principle of the development is acceptable. 10.3. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of SLLDP seek to promote developments that address the global climate emergency and nature crisis. All developments should aim to minimise and mitigate the effects of climate change. Given the scale and nature of the proposed development, it is not considered that any action is required within the context of the development management process. 10.4. Layout, Siting and Design SLLDP2 Policy 5 - Development Management and Placemaking seeks to ensure that development proposals take account of and are integrated within the local context and built form and should have no unacceptable significant adverse impact on the amenity of neighbouring properties. In this instance, noise, privacy and parking have been highlighted as the main amenity issues concerning local residents and these aspects are addressed below. However, in general it is not considered that the proposal will result in an unacceptable significant adverse impact on the immediate neighbours or wider locality. 10.5. Noise and Nuisance Neighbours have expressed concerns regarding potential noise, nuisance and antisocial behaviour from the proposed children’s home, particularly late at night with older children coming and going and during shift changes. They have stated that many of the neighbours are elderly, young children and vulnerable. 10.6. The applicant has advised that the children placed in the home will have curfews and rules to adhere to. Children playing in a garden, a party, teenagers arguing with parents can all create additional noise in any typical family home, and it is not anticipated that the children’s home will create any significant increase in noise above what is generally considered acceptable in a residential area. An informative on nuisance noise will be attached to any grant of consent, at the request of Environmental Services and, as such, they will investigate if there are any future complaints over noise or anti-social behaviour from the operation of the business. It is not anticipated that the development is likely to give rise to any unacceptable noise or disturbance. 124
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10.7. Loss of Privacy There is a concern that the increased number of people in the house and using the garden will result in overlooking and loss of privacy of neighbouring properties and gardens. It is accepted that there is a degree of mutual overlooking in all residential areas, and it is not considered that the change of use will exacerbate this. Additionally, the garden is enclosed with a timber boundary fence which provides a screen between properties. It is considered the development will not increase overlooking or loss of privacy unacceptably. 10.8. Parking and Road Safety Several objections raise concerns over whether the property has sufficient car parking and that the increase in people attending the site due to staff shift changes, visiting family or additional therapists, will cause traffic congestion and road safety issues. Wellhall Road is a wide, two-lane road with pavements that can be busy at peak times of the day with regular vehicle movements. 10.9. The site has a monoblocked front garden that could provide car parking for up to 6 cars and there will be 2 members of staff on duty at any given time throughout the day. It is considered that there is sufficient off-street parking for those on shift and for the additional cars associated with shift changes or other visitors. Additionally, there are no parking restrictions which prevents on street parking and visitors and delivery drivers to most of the houses on Wellhall Road will already have to utilise this. Wellhall Road is already busy and, whilst it is accepted that the development may increase traffic coming to the property, it is considered that the scale of the increase will not have any significant impact on traffic congestion. Additionally, in terms of pedestrian safety, it is not considered that the increase in traffic should cause any increased hazard to pedestrians or cyclists as the visibility for drivers and pedestrians is acceptable. 10.10. Community Engagement Residents living in Wellhall Road and the neighbouring streets have raised concerns regarding a lack of notification about the application or any form of community consultation. Several residents have also requested that there be a hearing for the proposal. Neighbour notification was undertaken and appropriate properties notified. However, due to the scale and nature of the proposal, it does not meet the requirements for a community event or a hearing. Similarly, there was no requirement for additional consultation to be undertaken with the community prior to the submission of the planning application. 10.11. Non Planning Issues Concerns have been raised in relation to whether the property is suitably set up internally for use as a children’s home, that there are already other children’s homes in the area, the times that children may be returning to the house at night, the staff ratio and what training staff will have. These are issues that will be addressed by the Care Inspectorate as the regulatory body responsible for all care services in Scotland. 10.12. Several representations have noted that the title deeds of the property do not allow the house to be used as a business. However, feu burdens are a legal issue as opposed to a planning matter. 125
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10.13. Neighbours have also stated that they believe a children’s home will negatively impact on house value. However, property values are also not a material planning consideration. 10.14. Conclusion The proposal is considered to be an appropriate form of development within a residential area. Whilst there might be a degree of disruption associated with the development, it is unlikely to be to an unacceptable degree. Overall, it is recommended that planning permission is granted. 11. Recommendation and Condition 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following 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. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 12. Reason for Decision 12.1. The proposal complies with Policies 1, 2, 13, 14, 15 and 23 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3 and 5 of the Local Development Plan 2 (adopted 2021) and will not result in a detrimental impact on surrounding residential amenity. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/25/0432 | Change of use of dwellinghouse (Class 9) to children's residential care home to accommodate 4 children (Class 8 residential institution) | 36 Wellhall Road Hamilton ML3 9BL 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 126
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0517 Proposal: Section 42 application for variation of condition 1 and deletion of condition 22 of P/22/0349 Planning Permission in Principle (residential developments with associated landscaping, roads, neighbourhood centre, community facilities and infrastructure works (with Environmental Impact Analysis)) to allow for any detailed design for further approval of matters specified in conditions Site Address: Larkhall Community Growth Area Summerlee Road Larkhall Applicant: Persimmon Agent: N/A Ward: 20 Larkhall Application Type: Further application to vary a condition under Section 42 of the Act Advert Date: Hamilton Advertiser 29 May 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 15 129
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the South Lanarkshire Council Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application relates to an area of land located at the north-eastern edge of Larkhall. The site forms the eastern portion of Larkhall Community Growth Area (CGA) and extends to approximately 46.66 hectares. The site is bounded by roads for much of its extent. The M74 and A72 corridors lie to the north and east of the site and Merryton Road bounds the site to the north-west. Duke Street crosses the site in a north-south direction, linking the centre of Larkhall to the A72/M74 Junction 7. 2.2 A large proportion of the site has been developed with the construction of 198 dwellings within Phase 1 of the CGA (HM/16/0198) and Phase 2 of the CGA (P/19/0362) consisting of 273 approved dwellings is expected to be completed in the near future. 3. Description of Proposed Development 3.1. In terms of background information, planning permission in principle was granted for a residential development with associated landscaping, roads, neighbourhood centre, community facilities and infrastructure works (with Environmental Impact Assessment) at the Larkhall Community Growth Area (CGA) on 27 May 2014 (HM/13/0352). A section 42 application P/19/0076 to extend the period of compliance was approved in April 2019. 3.2. A subsequent Section 42 application to vary condition 1 of planning consent P/19/0076 to extend the time for the submission of further application(s) for the approval of matters specified in conditions was approved on 21 September 2022 (P/22/0349). By varying the condition, the permission in principle was renewed for a further three years and was due to expire on 21 September 2025. The current planning application was validated by the Council on 6 May 2025. As discussed above, Phase 1 of the CGA is complete and Phase 2 of the development is partly constructed. 3.3. In this instance, the application seeks to vary the terms of condition 01 attached to permission P/22/0349. The amendment sought is to allow the inclusion of detailed requirements for approval of matters specified in conditions. 3.4. Condition 01 of application P/22/0349 states:- That no consent is hereby granted for any of details shown on the plan: Masterplan Framework (dated 06 August 2013). 3.5. The applicant has requested that the condition be varied to read:- That no consent is hereby granted for any of details shown on the plan: Masterplan Framework (dated 06 August 2013). Along with approval of matters specified in conditions applications the matters specified in this condition must be submitted to and approved by the Council as Planning Authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). These matters are as follows:- (a) the layout of the site, including all roads, footways, parking areas and open spaces; 130
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(b) the siting, design and external appearance of all building(s) and any other structures, including plans and elevations showing their dimensions and type and colour of external materials; (c) detailed cross-sections of existing and proposed ground levels, details of underbuilding and finished floor levels in relation to a fixed datum, preferably ordnance datum; (d) the design and location of all boundary treatments including walls and fences; (e) the landscaping proposals for the site, including details of existing trees and other planting to be retained together with proposals for new planting specifying number, size and species of all trees and shrubs, including, where appropriate, the planting of fruit/apple trees; (f) the means of drainage and sewage disposal; and (g) the submission of an updated biodiversity survey. 3.6. The applicant has also requested the deletion of condition 22 which states: That notwithstanding the terms of Condition 19 above, if Tile Cottage and its outbuilding are to be demolished or modified a bat activity survey (dusk and/or dawn survey during the bat activity season (April - September inclusive) shall be undertaken to determine whether there is a bat roost present in the buildings. The bat survey in addition to a bat protection plan shall be submitted for the consideration and detailed approval of the Council as Planning Authority in consultation with SNH. Thereafter, the recommendations of the approved bat survey and bat protection plan shall be implemented to the Council's satisfaction. 3.7. The request to delete condition 22 is due to a Bat Survey concluding that the demolition of Tile Cottage would not have an adverse impact upon bats and that a Bat Management Plan was not necessary. Following on from that report, Tile Cottage was demolished during Phase 1 of the development. 4. Relevant Planning History 4.1. Planning Permission in Principle was granted for residential development with associated landscaping, roads, neighbourhood centre, community facilities and infrastructure works (with Environmental Impact Assessment) at the Larkhall Community Growth Area (CGA) on 27 May 2014 (HM/13/0352). 4.2. Matters specified in conditions HM/16/0198 relating to residential development (Phase 1) was approved 23 August 2016. Matters specified in conditions HM/16/0421 for landscaping, play equipment, habitat management, drainage and SUDS in Phase 1 was approved 30 December 2016. 4.3. Planning Permission HM/17/0013 for Matters specified in condition 12 for provision of a sewerage scheme, was approved 15 February 2017. A Section 42 application to vary condition 1 of planning consent HM/13/0352 to extend the time for the submission of further application(s) for the approval of matters specified in conditions was approved on 23 April 2019 (P/19/0076). 4.4. Planning Permission P/19/0362 for matters specified in conditions relating to residential development (Phase 2) was granted on 20 November 2019. A Section 42 application (P/22/0349) for an extension of the time of Planning Permission P/19/0076 was granted on 21 September 2022. 131
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5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- Bat activity survey Letter outlining proposed variation to the wording of the condition. 6. Consultations 6.1. None 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement for non- notification of neighbours, 14 objections, 1 support and 1 representation have been received. The issues raised are summarised as follows:- Amenity ⧫ Loss of amenity green space ⧫ Community and wellbeing ⧫ Incompatible with local character ⧫ Noise and disturbance from kart track ⧫ Important for leisure and recreation ⧫ Impact upon privacy ⧫ Overshadowing/loss of light Land Use Concerns ⧫ The area is already overpopulated Impact on Natural and Historic Environment ⧫ Environmental and ecological concerns ⧫ Woodland area being destroyed Roads Related Matters ⧫ Impact upon traffic safety ⧫ Traffic generation ⧫ Impact of construction traffic on the existing road network ⧫ Added congestion during peak hours ⧫ Surrounding roads are in a state of disrepair Other Matters Raised ⧫ Impact on local infrastructure and services ⧫ Potential for subsidence because of former mine workings ⧫ Culvert and water management ⧫ Construction noise from the development ⧫ Dust and potential debris which could aggravate health conditions ⧫ Impact upon natural drainage ⧫ Larkhall Academy is now at capacity ⧫ Construction will cause mice and rats to migrate into residential areas 7.2. The above issues are considered in the assessment below. These letters are available 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. 132
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8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and sets out spatial principles, regional priorities, national developments, and national planning policy. The relevant policies are:- National Planning Framework 4 Policies Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 13 Sustainable transport 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 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 1 Spatial Strategy Policy 2 Climate Change Policy 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 7 Community Infrastructure Assessment Policy 11 Housing Policy 13 Green Network and Greenspace Policy 15 Travel and Transport Policy 16 Water Environment and Flooding SLLDP2 Volume 2 Policies Policy DM1 New Development Design Policy SDCC2 Flood risk Policy SDCC3 Sustainable Drainage Systems Policy SDCC4 Sustainable Transport Policy DM15 Water Supply Policy NHE18 Walking, Cycling and Riding Routes Policy NHE20 Biodiversity South Lanarkshire Council (SLC) Supporting Planning Guidance The Community Infrastructure Assessment Supplementary Guidance (2022) 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principal of Development The application site is identified as forming part of the Larkhall Community Growth Area within the adopted South Lanarkshire Local Development Plan 2. The site falls within the settlement boundary of Larkhall and is also identified as a Housing supply site, as well as being covered by the Green Network. The relevant policies in SLLDP2 in terms of the assessment of this application are Policy 1 - Spatial Strategy, Policy 2 133
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– Climate Change, Policy 5 - Development Management and Place Making, Policy 7 - Community Infrastructure Assessment, Policy 11 – Housing, Policy 13 - Green Network and Greenspace, Policy 15 - Travel and Transport, Policy 16 - Water Environment and Flooding, Policy DM1 - New Development Design, Policy SDCC2 - Flood Risk, Policy SDCC3 - Sustainable Drainage Systems, Policy SDCC4 - Sustainable Transport, Policy DM15 - Water Supply, Policy NHE18 - Walking, cycling and riding routes and Policy NHE20 - Biodiversity. 10.2. Since its adoption in February 2023 there are policies in NPF4 which are relevant to this proposal. These are Policies 1 Tackling the climate and nature crises, 2 Climate mitigation and adaptation, 3 Biodiversity,13 Sustainable transport, 14 Design, quality and place,15 Local living and 20 minute Neighbourhoods, 16 Quality homes and 22 Flood risk and water management. Most of the criteria in these policies are replicated in similar associated policies in the adopted Local Plan. It is considered that the proposal complies with the terms of these policies. There is not a similar Local Policy to NPF4 Policy 15 – Local living and 20 minute neighbourhoods. However, the approved residential area, half of which is nearing completion, lies close to a wide range of shops, services and public transport routes including a train station. In view of this the proposal also complies with NPF4 Policy 15. 10.3. There have been no material changes to the aims and objectives of the relevant policies contained within NPF4 and South Lanarkshire Local Development Plan 2 or the nature of the application following the issue of the original planning permission in principle (Ref. HM/13/0352). On this basis, it is considered that the proposal remains acceptable in terms of adopted Development Plan policies. 10.4. Given the nature of the application no consultations were undertaken in respect of the proposal. 10.5. Response to Objections The purpose of the application is to vary the wording of a condition and delete another attached to Planning Permission in Principle P/22/0349. The site is within the Larkhall Community Growth Area, therefore the principle of a residential development in this location has already been established. Phase 1 is complete, and Phase 2 is nearing completion. The undeveloped areas, Phases 3 and 4, will be subject to further approval of matters specified in conditions applications covering detailed matters such as house designs, layout, landscape and habitat management. On receipt of these applications neighbour notification will be undertaken and comments received at that time will be fully considered. 10.6. Most of the 14 objections received relate to matters of detail (see paragraph 7.1 above). The application has been submitted solely to revise the wording of condition 1 so that it lists relevant details to be covered by further applications. The deletion of condition 22 is justified as a Bat Activity Survey concluded that the demolition of Tile Cottage would not adversely affect bats. Since then, the Cottage has been demolished therefore the relevance of the condition is no longer applicable. 10.7. The future development of the site will be required to accord with the details set out in the Larkhall Community Growth Area - Environmental Statement and requires the submission of updated biodiversity surveys to identify existing habitats and species, mitigation and enhancement proposals. Other issues which will be addressed as part of detailed applications for future phases, include noise assessment, dust mitigation, drainage assessment, landscape plans and coal mining legacy investigations. Appropriately worded conditions are attached to the consent to address these matters. 134
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10.8. A requirement of Planning Permission HM/13/0352 was the conclusion of a Section 75 agreement to secure contributions towards nursery, primary and secondary education, affordable housing and community facilities along with improvements to the road network and public transportations services. The terms of the Section75 agreement cover all further applications for this development since the initial consent was issued. 10.9. Conclusion In summary, it is considered that the proposal complies with NPF4 and SLLDP2 policies and raises no amenity issues or concerns. The changes to the wording of condition 01 give clarity on the details that future matters specified in conditions will have to address. A Bat Activity Survey established that the demolition of Tile Cottage would not affect the local bat population. Since the demolition of Tile Cottage this condition is no longer applicable and therefore the deletion of the condition is justified. In view of the above, the proposed Section 42 application is acceptable, and it is recommended that planning permission in principle be granted based on the revised conditions listed. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant planning permission in principle subject to the following conditions:- 01. That no consent is hereby granted for any details shown on the plan: Masterplan Framework (dated 06 August 2013). Along with approval of matters specified in conditions applications the matters specified in this condition must be submitted to and approved by the Council as Planning Authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). These matters are as follows:- (a) the layout of the site, including all roads and associated structures, footways, parking areas and open spaces; (b) the siting, design and external appearance of all building(s) and any other structures, including plans and elevations showing their dimensions and type and colour of external materials; (c) detailed cross-sections of existing and proposed ground levels, details of underbuilding and finished floor levels in relation to a fixed datum, preferably ordnance datum; (d) the design and location of all boundary treatments, walls and fences; (e) the landscaping proposals for the site, including details of existing trees and other planting to be retained together with proposals for new planting specifying number, size and species of all trees and shrubs, including, where appropriate, the planting of fruit/apple trees; (f) the means of drainage and sewage disposal; (g) updated biodiversity surveys; (h) updated flood risk assessment; (i) refuse storage and collection arrangements; (j) construction management plan (which shall include a scheme for the control and mitigation of dust); (k) full details of any equipped play areas; (l) a phasing plan; and (m) details of a welcome pack for each phase outlining public transport and active travel options including links to, and locations of, local services. 135
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Reason: To comply with section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 02. That the future development of the site hereby approved in principle shall accord with the matters set out within the Larkhall Community Growth Area - Environmental Statement (Volumes 1 - 4) (August 2013), the terms of which are hereby approved and which accordingly, forms part of the planning permission in principle. Reason: In order to retain effective planning control. 03. That the further application(s) required shall include an updated Noise Assessment (NA) to determine the impact of road traffic noise on the proposed development using the principles set out in "Calculation of Road Traffic Noise" (DoT/Welsh Office, HMSO, 1988) or by a method to be agreed by the Planning Authority. The survey shall take cognisance of the Scottish Government Document: Technical Advice Note Assessment of Noise. The survey shall be submitted to and approved by the Council as Planning Authority and where potential noise disturbance is identified, it shall include a scheme for protecting the proposed dwellings from road traffic noise. The scheme shall ensure that the internal levels with windows closed do not exceed 40 dB daytime (07:00 -23:00) and 35 dB night-time (23:00 - 07:00) and the external levels do not exceed 55 dB daytime in any garden areas, when measured as LAeq,T. Reason: To minimise noise disturbance. 04. That the further application(s) required shall include:- (a) a comprehensive site investigation, carried out to the appropriate Phase level for the consideration and detailed approval of the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- - Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995); - Contaminated Land Report 11 - 'Model Procedures for the Management of Land Contamination (CLR 11)'- issued by DEFRA and the Environment Agency; - BS 10175:2011 - British Standards Institution 'The Investigation of Potentially Contaminated Sites - Code of Practice'. (b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. 136
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(c) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council's written approval of the remediation plan Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 05. That the further application(s) required shall include a remediation plan for the relevant site and/or phase. (a) Remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority. (b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels. (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site-specific risk assessment of any associated pollutant linkages, shall then require to be submitted to and approved in writing by the Council as Planning Authority. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 06. That the further application(s) required shall include an Outdoor Access Plan for the provision of walking, cycling and horse riding for the consideration and detailed approval of the Council as Planning Authority, comprising:- (a) A plan at an appropriate scale indicating the location and alignments of all existing formal and informal access routes, paths and tracks within and across the site and including linkages with adjacent areas; (b) A report detailing the existing condition of those routes; (c) An assessment of current levels of use, types of user and purpose of trips, together with a reasoned estimate of how this might change as a result of the development or otherwise; (d) A plan at an appropriate scale indicating the proposed scheme of access routes for walkers, cyclists and horse riders [as appropriate] including linkages with adjacent areas; 137
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(e) A statement showing how this scheme complies with the requirements of the Disability Discrimination Act 1995; (f) Detailed specifications for the construction of all routes, and for all associated artefacts and structures such as seating, cycle racks, lighting, handrails, access controls, signage and interpretation; and (g) A programme for completion and subsequent maintenance. No work shall commence on site until the written approval of the Council as Planning Authority has been given. Reason: To ensure that development makes appropriate provision for outdoor access and to achieve the completion and subsequent maintenance of the access proposals within an appropriate timescale. 07. That unless otherwise agreed, the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Council as Planning Authority, during all ground disturbance within each phase of the development. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. A method statement for the watching brief will be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences on each phase of the development. Reason: In order to safeguard any archaeological items of interest or finds. 08. That the further application(s) required shall include details of a Bus Service Strategy and should cover details in respect of:- i) plans that detail the roads, cycleways and footways associated with that particular phase of the development; ii) the frequency and routing of new/amended bus services; iii) details of bus infrastructure design for that phase of development including lay-by, shelter (with a power supply), pole and lighting details; iv) location/position of bus stops and bus layover; and v) a temporary bus turning circle at an appropriate location, at the end of each phase of the development. Reason: These details have not been submitted or approved. 09. That in the event that it is determined that any trees with bat roosting potential are required to be felled, prior to felling, a bat survey (dusk and/or dawn survey during the bat activity season (April - September inclusive) shall be undertaken to determine whether there is a bat roost present in the trees. The bat survey shall be submitted for the consideration and detailed approval of the Council as Planning Authority in consultation with NatureScot. Thereafter, the recommendations of the approved bat survey shall be implemented to the Council's satisfaction. 138
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Reason: To ensure the protection of existing habitats within the site. 10. That the mitigation measures as stated in section 5.6 of the Environmental Statement compiled by Enviro Centre (August 2013) (or any subsequent/updated report) shall be implemented throughout the construction and post-construction phases of the development. Reason: To ensure the protection of existing habitats within the site. 11. That an intrusive ground investigation shall be undertaken supervised by suitably experienced and qualified consulting engineers and a comprehensive report shall be submitted for the consideration and detailed approval of the Council as Planning Authority with the further application(s) required. The report shall consider all the relevant geotechnical matters including ground stability, coal mining legacy issues, mining support, groundwater, environmental issues and the requirements for structures roads and footpaths. The report shall contain recommendations for dealing with any geotechnical constraints and these shall be included in the design of the development all to the satisfaction of the Council. Reason: In order to retain effective planning control and to ensure that the ground conditions and associated constraints identified in the EIS are suitably incorporated into the design of the development. 12. In the event that the site investigations required under Condition 11 above confirm the need for remedial works, the required remedial works shall be undertaken prior to any dwellings being occupied to the Council's satisfaction. Reason: To ensure the safety and stability of the proposed development. 13. That the further application(s) required shall include an updated Noise Assessment (NA) to determine the impact of noise from The Go-Kart Race Track on the proposed development using the principles set out in British Standard BS 4142:1997 - Method for Rating Industrial Noise affecting Mixed Residential and Industrial Areas, or a method agreed by the Planning Authority. The NA shall be submitted to and approved by the Planning Authority and shall identify: 1) the maximum Rating Levels; and 2) the minimum Background Noise Level to which any part of the development will be exposed. The Background Noise Level for the most noise sensitive period that the source could operate shall be used for this assessment. Where the Level of Significance as described within the Scottish Government Document: Technical Advice Note Assessment of Noise, identifies changes in noise as moderate or greater (assessed with windows open), a scheme for protecting the proposed dwelling(s) from industrial / stationary noise shall be submitted to, and approved by, the Planning Authority. Reason: To minimise noise disturbance to adjacent properties. 139
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14. Prior to the occupation of the 191st dwelling, the alterations to the junction of A72 Lanark Road / M74 Junction 7 southbound off slip and northbound on slip, which shall include the installation of traffic signals which shall incorporate queue detection on the on slip, MOVA (Microprocessor Offset Vehicle Actuated) control and widening of the carriageway on the A72 overbridge. Junction design to be generally in accordance with Dougall Baillie Associates Drawing no. 13069-SK-06 and to be submitted for approval and thereafter implemented by the applicant to the satisfaction of the Council as Planning and Roads Authority and in consultation with Transport Scotland and in accordance with the Design Manual for Roads and Bridges (DMRB). Reason: In the interest of public and road safety. 15. Prior to the occupation of the 550th dwelling, alterations to the M74 Junction 7 northbound on slip (interim improvement) generally in accordance with Dougall Baillie Associates Drawing no. 13069-SK-21 shall be submitted for approval and thereafter implemented by the applicant to the satisfaction of the Council as Planning and Roads Authority and in consultation with Transport Scotland and in accordance with the Design Manual for Roads and Bridges (DMRB). Reason: In the interest of public and road safety. 16. The development shall be restricted to 550 dwellings until such time as an agreement on the mechanism for the delivery of further upgrades to the M74 northbound on slip and southbound off slip, generally as illustrated on Dougall Baillie Associates Drawing Numbers 13069-SK-22 and 13069-SK-24, has been reached between the Council as Planning Authority and/or Transport Scotland and in accordance with the requirements of the Design Manual for Roads and Bridges (DMRB). The agreed mechanism shall define all aspects of phasing, calculating contribution levels, procurement and delivery for the identified works. Reason: In the interest of public and road safety. 12. Reason for Decision 12.1. The proposal raises no amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 13, 14, 15, 16 and 22 of NPF4 and Policies 1, 2, 5, 7, 11, 13, 15, 16, DM1, SDCC2, SDCC3, SDCC4, DM15, NHE18 and NHE20 of the adopted South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Section 42 application for variation of condition 1 and deletion of condition 22 of P/22/0349 Planning Permission in Principle (residential developments with associated landscaping, roads, neighbourhood centre, community facilities and infrastructure works (with Environmental Impact Analysis)) to allow for any detailed design for further approval of matters specified in conditions. 140
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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 141
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0529 Proposal: Installation of flue to rear elevation of existing building Site Address: 15 Montgomery Street East Kilbride G74 4JS Applicant: MHR Pension Trust Agent: Stephen Govan, SGA Studio Ward: 08 East Kilbride Central North Application Type: Full Planning Permission Advert Type: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 16 143
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1. Reason for Report 1.1. This application must be presented to the Planning Committee for determination as it has received more than 5 objections, as detailed in paragraph 3.5 (b) of the approved South Lanarkshire Council Scheme of Delegation 2024. 2. Site Description 2.1. The application site is an existing C-Listed two storey and attic traditional townhouse building located on Montgomery Street within the designated local centre and the Conservation area of East Kilbride Village. The unit in question is a vacant ground floor premises, formerly operating as a hairdressing salon. 3. Description of Proposed Development 3.1. Planning permission is sought for the installation of a flue to the rear elevation of the existing building. These changes are primarily related to the installation of a ventilation system, including the formation of a flue, with no other significant external changes proposed. A Listed Building Consent (LBC) application has also been submitted for the proposal under application number P/25/0711. 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. Ventilation System Details – This document, submitted while the application was still under consideration, provides details on the proposed ventilation system operation. 6. Consultations 6.1. Environmental Services – Have no objections to the proposal subject to the inclusion of conditions relating to the proposed method of ventilation. Response – Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. The advisory notes can also be added as appropriate. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 10 representations have been received (6 objections). The issues raised are summarised as follows:- Concerns regarding noise and odours generated by the proposed flue, and their potential impact on the amenity of nearby residents. Concerns regarding the impact of the proposal on the character and appearance of the listed building. Concerns that the development may require a change of use planning permission, which has not been addressed, and that a dwelling is located within one metre of the proposed development. The above issues will be considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 144
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8.2 National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 7 - Historic assets and places Policy 14 - Design, quality and place 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 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment SLLDP2 Volume 2 Policies Policy NHE6 - Conservation Areas 9. Guidance 9.1. None 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the installation of a flue to the rear elevation of an existing building, at 15 Montgomery Street, East Kilbride. The key issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its design, siting and its impact on residential and visual amenity and the character and integrity of the Conservation Area and listed building, as well as an assessment of relevant technical matters. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 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 identified settlement boundary of East Kilbride. As such, the proposal is required to be considered against Policy 3 of the LDP2 which establishes that developments, may be considered acceptable where they do not have a significant adverse impact upon the amenity and character of the area. The site is located in an area which contains a mix of uses and architectural styles where properties on Montgomery Street are predominantly of commercial use. All units within 15 Montgomery Street are owned by the applicant and are in non- residential use. In terms of the principle of the development, this application is limited to external alterations, specifically the installation of a flue on the rear elevation of the building. There are no residential properties within five metres from the flue and the discharge point is above eaves level. It is therefore considered that the principle of the flue installation raises no issues in the context of Policy 3 of the LDP2. 145
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10.3. Climate Change NFP4 Policy 1 - Tackling the Climate and Nature Crises and NPF4 Policy 2 - Climate Mitigation, along with Policy 2 of SLLDP2, seek to ensure that new development proposals minimise and mitigate the impacts of climate change wherever possible. In this case, the proposal involves relatively minor alterations to a currently vacant building to bring it back into productive use, and it is not expected to result in any significant impact on the local environment or climate. As such, the proposal is not considered to be in conflict with NPF4 Policies 1 and 2, or with SLLDP2 Policy 2. 10.4. Layout, Siting and Design Policies 3 and 5 of the SLLDP2 collectively seek to ensure that all new proposals are appropriately designed and scaled, with no adverse impact on amenity and require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and the environment. Policy 14 of NPF4 relates to liveable places. It sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of successful places, including whether the development is connected and sustainable. 10.5. The proposal involves minor external alterations to accommodate a ventilation system, with the most notable change being the installation of a wall-mounted flue at the rear of the building. Such additions are typical in urban commercial settings and due to the flue’s scale and positioning, would not appear visually prominent. No other external changes are proposed. Replacement signage may be required and would be subject to separate advertisement consent, if necessary. 10.6. Other Issues The application site is a category C listed building located within the designated East Kilbride Village Conservation Area, making its impact on the character of the listed building and historic streetscape a material consideration. Policy 7 of NPF4, as well as Policies 14 and NHE6 of SLLDP2, advise that development proposals in or affecting the setting of listed buildings and conservation areas will only be supported where the character and setting is preserved or enhanced. The proposed external alterations are minor, limited to the installation of a flue. This will be positioned at the rear of the building, attached to the wall and located below the ridge of the existing roof, screened from public view by existing buildings. As a result, the proposal is expected to have minimal visual impact and is considered to preserve the historic character and appearance of the Conservation Area and does not adversely affect the character of the listed building. The proposal is therefore deemed acceptable. 10.7. It is important to clarify that the change of use from a hairdressing salon (Class 1A) to a restaurant (Class 3) is not part of this application. This change is permitted under Class 1A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended, and therefore does not require formal planning permission. This application relates solely to the proposed external alterations to the building. Concerns have been raised regarding the proximity of a residential unit located within one metre of the development. However, it should be noted that no residential unit is located within one meter from the application site. The unit in question is situated in the neighbouring building and is positioned above the level of the premises. 10.8. Technical Matters With regards to technical considerations, it is noted that the Council’s Environmental Health Services have no objections to the proposal. Conditions for a suitable ventilation system can be included on the decision notice to ensure that the system is suitable for its use. 146
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10.9. Conclusion In summary, following a detailed assessment, it is concluded that the proposed installation of the external flue would not have a significant impact on the residential or visual amenity of the surrounding area, nor on the character of the listed building or integrity of the conservation area. The proposal complies with the relevant policies of the development plan, and there are no material considerations that would justify refusal of consent. Therefore, the application is recommended for approval. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant Full Planning Permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. Before the flue is brought into use, the proposed method of ventilation shall be operational in accordance with the approved details and thereafter maintained to the satisfaction of the Council as Planning Authority. The proposed development shall not be brought into use until the ventilation systems are operational in accordance with the approved details. All odours, fumes and vapours generated on the premises shall be controlled by best practicable means to prevent them causing nuisance to occupants of nearby dwellings or premises. The ventilation system shall:- a) Incorporate systems to reduce the emission of odours and pollutants and shall thereafter be maintained as necessary. b) Be constructed by employing best practical means to minimise noise and vibration transmission via plant and the building structure. Reason: To minimise the risk of nuisance from smells, fumes, vapours and noise to nearby occupants. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact on amenity, public safety, the local environment or the character of the Listed Building and integrity of the Conservation Area, and complies with the provisions of Policies 1, 2, 7 and 14 of National Planning Framework 4 (2023) and Policies 2, 3, 5, 14 and NHE6 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 147
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Background Papers Further information relating to the application can be found online:- P/25/0529 | Installation of flue to rear elevation of existing building | 15 Montgomery Street East Kilbride G74 4JS 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 148
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0711 Proposal: External alterations associated with erection of a flue to the rear (Listed Building Consent) Site Address: 15 Montgomery Street East Kilbride G74 4JS Applicant: MHR Pension Trust Agent: Stephen Govan, SGA Studio Ward: 08 East Kilbride Central North Application Type: Listed Building Application Advert Type: Listed Building Consent site notice 27.06.2025 Edinburg Gazette, LBC 25.06.2025 East Kilbride News LBC 25.06.2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to condition Legal Agreement: N/A Direction to Scottish Ministers N/A 17 151
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1. Reason for Report 1.1. This application must be presented to the Planning Committee for determination as it has received more than 5 objections, as detailed in paragraph 3.5 (b) of the approved South Lanarkshire Council Scheme of Delegation 2024. 2. Site Description 2.1. The application site is an existing C-Listed two storey and attic traditional townhouse building located on Montgomery Street within the designated local centre and the Conservation Area of East Kilbride Village. The unit in question is a vacant ground floor premises, formerly operating as a hairdressing salon. The immediate surrounding area features a mix of uses, including retail units within the same building and in adjacent properties. In addition, there are few residential units within Montgomery Street. 3. Description of Proposed Development 3.1. Listed building consent is sought for the installation of a flue to the rear elevation of existing building. These changes are primarily related to the installation of a ventilation system, including the formation of a flue, with no other significant external changes proposed. A Full Planning Permission application has also been submitted for the proposal under application number P/25/0529. 4. Relevant Planning History 4.1. None. 5. Supporting Information 5.1. None. 6. Consultations 6.1. None. 7. Representations 7.1. Following advertisements of the proposal in the Edinburgh Gazette and East Kilbride News and a Site Notice display in front of the building, a total of 7 representations have been received (7 objections). The issues raised are summarised as follows:- Concerns regarding noise and odours generated by the proposed flue, and their potential impact on the amenity of nearby residents. Concerns regarding the impact of the proposal on the character and appearance of the listed building and conservation area. Concerns that the development may require a change of use planning permission, which has not been addressed, and that a dwelling is located within one metre of the proposed development. 7.2. The above issues will be considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 152
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8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 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 Policy NHE3 – Listed Buildings 9. Guidance 9.1. Historic Environment Scotland - Managing Change in the Historic Environment: - Use and adaptation of Listed Buildings 10. Assessment and Discussion 10.1. Listed Building Consent is sought for the installation of a flue to the rear elevation of existing building, at 15 Montgomery Street, East Kilbride. The key issue to be addressed in the determination of this application is the impact of the proposal on the character of the listed building. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main considerations in this case, together with an assessment of any other material planning considerations. 10.2. Historic Assets Policy 7 Historic assets and places of NPF4 states that development proposals for the alteration of a listed building will only be supported where they preserve its character, special architectural or historic interest and setting. Policy 14 Natural and Historic Environment of the SLLDP2 also seeks to protect important natural and historic sites and advises that development affecting a listed building must accord with specific guidance relating to listed buildings in Policy NHE3 of the SLLDP2. Policy NHE3, Listed Buildings, states that the layout, design, materials, scale, siting and use of any development shall be sensitive to, and respect the character and appearance of, the listed building and its setting. In terms of guidance, Historic Environment Scotland - Managing Change in the Historic Environment: - Use and adaptation of Listed Buildings, advises that the proposal would be considered as minimal intervention. 10.3. The application site is a category C listed building located within the designated East Kilbride Village Conservation Area. The proposal involves minor external alterations to accommodate a ventilation system, with the most notable change being the installation of a wall-mounted flue at the rear of the building. This will be positioned at the rear of the building, attached to the wall and located below the ridge of the existing roof, screened from public view by existing buildings. Such additions are typical in urban commercial settings and due to the flue’s scale and positioning, would not appear visually prominent. No other external changes are proposed. As a result, the 153
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proposal is expected to have minimal visual impact and is considered to preserve the historic character and appearance of the Conservation Area and does not adversely affect the character of the listed building. The proposal is therefore deemed acceptable. 10.4. Other Issues It is important to clarify that the change of use from a hairdressing salon (Class 1A) to a restaurant (Class 3) is not part of this application. This change is permitted under Class 1A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended, and therefore does not require formal planning permission. This application relates solely to the proposed external alterations to the building and its impact on the character and appearance of the C listed building. 10.5. Conclusion In summary, following a detailed assessment, it is concluded that the proposed installation of the external flue would not have a significant impact on the character of the listed building. The proposal complies with the relevant policies of the development plan, and there are no material considerations that would justify refusal of consent. Therefore, the application is recommended for approval. 11. Recommendation and Condition 11.1. The Committee is asked to agree the following recommendation:- Grant Full Planning Permission subject to the following 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. 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 would have no significant adverse impact on the character of the Listed Building and complies with the provisions of Policy 7 of National Planning Framework 4 (2023), and Policies 14 and NHE3 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/25/0711 | External alterations associated with erection of a flue to the rear (Listed Building Consent) | 15 Montgomery Street East Kilbride G74 4JS 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. 154
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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 155
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Report Agenda Item Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0555 Proposal: Installation of a Battery Energy Storage System (BESS) with a capacity of up to 30MW and associated infrastructure Site Address: Land at Langlands Gate East Kilbride G75 0ZY Applicant: Advanced Grid Solutions Agent: Sustainability Unlimited Ward: 5 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News - 4 June 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 18 157
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1 The application site, which extends to some 0.5ha in area, is located to the west side of Langlands Drive and lies within the general boundary of the wider Kelvin South Business Park. 2.2 The site is bounded to the north and south by existing industrial premises, to the east by Langlands Drive and thereafter further existing industrial premises and to the west by open ground which extends westwards towards Langlands Moss. 3. Description of Proposed Development 3.1. The proposal is for the formation of a Battery Energy Storage System (BESS) facility with a capacity of up to 30MW, and for the installation of associated infrastructure. The facility would store electricity and release it back into the grid when there is demand. A vehicular access is proposed to be formed to the site from Langlands Drive. The battery units would be enclosed within BESS containers, similar in appearance to shipping containers. 3.2 The proposed development would comprise of:- 16 battery containers and associated invertor units 2 sub-station buildings (including one for the Distribution Network Operator) Transformer station Water tank Security fencing with associated CCTV 4. Relevant Planning History 4.1 Application reference P/21/0063 for the erection of a Class 4 Industrial Unit with associated car-parking was granted on 12 May 2021. 4.2 An Environmental Impact Assessment (EIA) Screening Request for the erection of a 16.5MW BESS development was submitted under application reference P/23/1496. It was determined that the development concerned would not constitute EIA development. 4.3 A Proposal of Application Notice P/25/0004/PAN was submitted in respect of the construction of a BESS facility setting out the way in which statutory pre-application consultation would be carried out. The PAN was approved on 6 March 2025. The current application relates to the above noted PAN submission. 5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- Planning Statement Industrial, Business and Employment Assessment Lifecycle Carbon Assessment Outline Fire Risk Management Plan Landscape and Visual Impact Assessment (LVIA) Ecological Assessment 158
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Cultural Heritage Impact Assessment Flood Risk Assessment and Drainage Impact Assessment Construction Traffic Management Plan Noise Impact Assessment Outline Construction Management Plan 6. Consultations 6.1. Environmental Services – offered no objections and have suggested several conditions. Response: Noted and these matters could be addressed on the decision notice if the application were to be approved. 6.2 Roads, Transportation and Fleet Services – object to the proposed development for the following reasons – The Figure showing the proposed access does not show the interaction between the access track and the car park / access of P/21/0063 The Swept Path Analysis shows the vehicle will travel out with the red line boundary. The applicant should also use the standard (6 axle) max legal length articulated vehicle profile within Autotrack. The proposed construction compound does not appear to have sufficient space for staff parking or to allow HGV’s to turn Response: Whilst the terms of this response are noted, roads related matters are not considered to be a determining issue in respect of the assessment of this application and, as such, the applicant has not been asked to address these issues of concern. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no objections to the proposed development have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2 National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 11 - Energy Policy 14 - Design, quality and place Policy 18 - Infrastructure first Policy 26 - Business and industry 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- 159
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SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 8 - Employment Policy 18 - Renewable Energy SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy RE1 - Renewable Energy Policy ICD2 - Non-Conforming Uses in Core Industrial Areas South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 9. Guidance 9.1. The following documents set out the Scottish Governments views, policies and priorities in relation to energy, sustainability, climate change and related topics, and they are relevant to the assessment of this application:- Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) Scottish Government Energy Storage Planning Advice (2013) 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 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2 Principle of Development In terms of the principle of the development, as the site is located within a designated Core Industrial and Business Area, Policy 26 – Business and industry of NPF4 and Policy 8 – Employment of SLLDP2 is applicable. Policy 26 of NPF4 seeks to encourage, promote and facilitate business and industry uses in designated areas. It seeks to ensure that there is a suitable range of sites that meet current market demand for business and industry uses and support development proposals for business and industry uses where they are compatible with the primary business function of the area. 10.3 It is noted that, in this case, the proposal would result in the loss of designated core business and industry land to a renewable energy use that would not generate any meaningful employment on site beyond the initial construction stage. The site in question would no longer be available for a business and industry use once developed as a battery storage facility. 160
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10.4 The proposal would not generate any permanent on-site employment and as a result would not encourage, promote or facilitate business and industry uses nor help to ensure that there is a suitable range of sites that meet market demand for business and industry uses in designated areas. As such, the proposals do not comply with the provisions of Policy 26 of NPF4. 10.5 In these circumstances Policy ICD2 - Non-Conforming Uses in Core Industrial Areas. Policy ICD2 is applied to assess whether an exception to policy 26 can be made against the following criteria:- a. The effect the proposal will have on the continuity of the marketable industrial land supply in terms of quantity, range and quality. b. Development for residential use will not be permitted. c. The proposal must not undermine the vitality and viability of existing town and local centres within South Lanarkshire and should follow the sequential approach as set out in LDP2 Policy 10. d. That the development of the site or premises would not adversely affect the industrial operation, amenity, industrial character or function of the area, including traffic movement and circulation. e. The site or premises has been subject to a marketing appraisal for uses within classes 4, 5 and 6 to the Council’s satisfaction and has been actively marketed for these uses for a minimum period of six months. f. The site or premises can easily be accessed from main road routes and has satisfactory access by walking, cycling and public transport. g. The infrastructure implications, including the impact on the transport network of the development are acceptable, or can be mitigated to an acceptable level. h. The proposal includes appropriate parking provision for the type of development. i. The development shall have no significant impact on the natural and historic environment and no adverse impact on the integrity of any Natura 2000 sites. The policy also requires proposals for non-conforming uses to be accompanied by a business plan demonstrating the viability of the business and a justification for locating in an industrial area. 10.6 In this instance, the proposed development would have an adverse impact in terms of a) above, as it would result in the loss of a designated site within a core industrial area to a use that would not generate permanent on-site employment beyond the initial construction phase. In addition, this position is reinforced by the outcome of a land and property market report prepared by property consultants Ryden LLP. The report found that all areas of South Lanarkshire have very limited industrial availability. East Kilbride reflects this with only a 2.8% floorspace availability rate (Ryden May, 2024). The site is located in one of East Kilbride’s more modern industrial areas where demand tends to be highest. The report states that at this low level of vacancy, occupiers may experience very limited choice of premises, while demand for serviced plots continues against a critically low supply. The loss of this designated site to a non-employment use would further adversely impact on the already limited availability of industrial land within the town. 10.7 The applicants submitted an Industrial, Business and Employment Assessment in support of the application. It states that the site has been marketed over several years with no demand shown for class 4, 5 and 6 uses. In addition, it includes a business plan showing the proposal would result in the delivery of a regulated grid service which would be commercially viable. It is 1km from the nearest grid supply point. 161
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10.8 Overall, it is not considered that there is appropriate justification in respect of the proposed siting of the battery storage facility at this designated core business and industry location, particularly given the identified shortage of industrial land within East Kilbride and it is noted that the proposals as submitted do not comply with the provisions of Policy ICD2. As such, the proposals do not represent an appropriate development at this location and fail to comply with Policy 8 of the adopted plan. 10.9 With regards to energy policy, NPF4 Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies including wind farms, enabling works and energy storage. Proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. Project design and mitigation should address matters including the impact upon amenity, the environment, biodiversity, road networks and similar matters. NPF4 Policy 18 – Infrastructure first supports development proposals which provide infrastructure in line with that identified necessary in local development plans, however, the impacts of development proposals on infrastructure should be mitigated and addressed where applicable. Scottish Government Energy Storage Planning Advice (2013) suggests that authorities should consider whether sites within existing industrial land allocations or brownfield land are suitable for energy storage. The application site has been considered in this regard as part of the assessment of this application, however, given its core industrial location in addition to the severely limited industrial land availability within East Kilbride as identified in the report of May 2024 by Ryden LLP, together with the failure of the proposal to comply with the relevant policies of the adopted Local Development Plan as outlined above, it has been determined that this is not a suitable site for an energy storage use. 10.10 Council policy regarding renewable energy as set out in Policies 18 and RE1 of the SLLDP2 and in the Council’s Renewable Energy Supporting Planning Guidance (2021) recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. It is recognised that energy storage is an important part of the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including battery storage. It is also recognised that whilst the generation of electricity from batteries is not in itself a renewable source of energy, Scottish Ministers have previously regarded some large BESS developments as essential infrastructure due to their provision of energy storage, and the added flexibility and resilience they provide for the wider electricity network. 10.11 On balance, it is considered that the provision of this 30MW battery energy storage facility would not be viewed as essential infrastructure which would require to be located within a designated Core Business and Industry Area. In this respect, whilst the principle of such storage technology is supported by the Scottish Government and by the Council, there is no specific requirement for this proposal to be sited within a designated Core Business and Industry Area, particularly given the existing identified severely limited availability of such land in the East Kilbride area. In view of the above, it is considered that the principle of the development cannot be justified at this Core Business and Industry location. 10.12 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 162
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change. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. In this case it has been demonstrated to the satisfaction of the Planning Service that the development would not adversely impact on biodiversity interests and there are no specific concerns regarding climate change issues associated with the proposal in this instance. 10.13 Layout, Siting and Design In terms of the design of the proposal, the relevant policy of NPF4 to be considered is Policy 14 – Design, quality and place. This policy requires development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 – Development Management and Placemaking and DM1 – New Development Design state that development proposals should take account of and be integrated within the local context and built form. Proposals should be of a high quality, of either traditional or contemporary innovative design and shall make use of appropriate materials which respect and reinforce local character and identity. New development should also have no significant adverse impacts on the local community. Given the business and industry location of the application site, it is not considered that the proposals would appear significantly out of place in visual terms. However, as noted elsewhere in the report, the impact of the proposed development on the marketable industrial land supply in terms of quantity, range and quality is considered to render the principle of the development unacceptable and this is considered to outweigh considerations regarding layout, siting and design in this case. 10.14 Conclusion Following a detailed assessment of this proposal, it is considered that whilst policy recognises the need to support the energy network through the development of Battery Energy Storage Systems, such proposals should maximise net economic impact, including local and community socio-economic benefits such as employment. In this instance, appropriate justification has not been provided for the siting of this proposal within a designated Core Industrial and Business Area and, particularly given the severely limited availability of such land within the East Kilbride area, it is considered that the proposed development would significantly adversely affect the marketable industrial land supply in terms of quantity, range and quality in this case. It is therefore considered that the proposal fails to comply with the relevant policies of the development plan, and it is recommended that planning consent is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Employment of the South Lanarkshire Local Development Plan 2 (2021) as it would result in the loss of a site designated as Core Industrial/Business land to a non-employment use and does not meet the criteria in respect of non-conforming uses as set out in Policy ICD2 (Non-conforming Uses in Core Industrial/Business Areas) of the plan. 163
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02. The proposal would be contrary to Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas of the South Lanarkshire Local Development Plan 2 (2021) as it would adversely affect the marketable industrial land supply in terms of quantity, range and quality and it has not been satisfactorily demonstrated that the site has been subject to a marketing appraisal for uses within Classes 4, 5 and 6 to the Council's satisfaction. 03. The proposal would be contrary to Policy 18 - Renewable Energy of the South Lanarkshire Local Development Plan 2 (2021) as, whilst the principle of this form of development is generally supported, the specific proposal does not accord with the other relevant policies in the development plan, specifically in relation to its Core Business/Industry land use location and impact upon core business industry land supply. 04. The proposal would be contrary to Policy RE1 - Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as the proposal would have an adverse economic impact given its location within a designated Core Industrial/Business land use location and sufficient justification in terms of economic benefit to the area has not been satisfactorily provided, outside of temporary, short term economic activity associated with the construction of the facility. As such, the proposal fails to satisfactorily take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance on Renewable Energy (January 2021), as well as the other relevant policies in the South Lanarkshire Local Development Plan 2 (2021). 05. The proposal would be contrary to Policy 11 - Energy of National Planning Framework 4 (2023) as, whilst the principle of this form of development is generally supported, the specific location of this proposal would have a significant adverse impact on the function of a site that is designated for employment uses and, as such, does not maximise socio-economic benefits due to its location, lack of employment opportunities and direct economic benefit to the community. 06. The proposal would be contrary to Policy 26 - Business and Industry of National Planning Framework 4 (2023) as it would result in the loss of designated employment land to non-employment use and, as such, would not be compatible with the primary business function of the area. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- https://publicaccess.southlanarkshire.gov.uk/online- applications/applicationDetails.do?activeTab=documents&keyVal=SW8X76OPMP500 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. 164
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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 165
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 19 August 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0598 Proposal: Change of use of flatted dwelling (sui generis) to short-term let (sui generis) (retrospective) Site Address: Flat 3 2 School Street Hamilton ML3 6SD Applicant: Mr Thomas Robertson Agent: Euan Pearson Ward: 19 – Hamilton South Application Type: Full Planning Permission Advert Date: Hamilton Advertiser 11 June 2025 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 19 167
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under the South Lanarkshire Council Scheme of Delegation. Councillor Wylie Keatt requested that the application should be presented to the Planning Committee for consideration and this was agreed by the Head of Service following consultation with the Chair of the Planning Committee. 2. Site Description 2.1. The site relates to a 3-bedroom flat located at 2 School Street, Hamilton in a building containing 4 flats accessed through a common close with a shared rear garden, and which forms part of a 2-storey terrace. The property is 0.8 miles south of the town centre, bus and train station and 0.2 miles north of Low Waters local centre. 3. Description of Proposed Development 3.1. The proposal is for a change of use of the flat (sui-generis) to short term let (sui- generis). No external changes or other development is proposed. The application is retrospective. 4. Relevant Planning History 4.1. The proposal was recently refused under delegated powers (ref. P/24/0363). The current application is a resubmission with additional supporting information. No appeal was submitted in relation to the refusal of this application. 5. Supporting Information 5.1. A supporting statement has been provided with letters of support from neighbouring proprietors within the block and a Freedom of Information (FOI) response from the Council confirming no records of noise complaints. 6. Consultations 6.1. Environmental Services - No adverse comments or objections. Response: Noted 7. Representations 7.1. No valid third-party representations have been received directly by the Planning Authority following the statutory period of neighbour notification and consultation. However, the application is accompanied by letters of support from each neighbour within the block. 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 for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 Tackling the climate and nature crisis Policy 2 Climate mitigation and adaptation Policy 13 Sustainable transport Policy 30 Tourism 168
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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 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 6 Visitor Economy and Tourism SLLDP2 Volume 2 Policies Policy VET2 Visitor Accommodation 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development Policy 30 of NPF4 makes specific reference to the reuse of existing buildings for short- term let and sets out that such proposals should not be supported if it would result in an unacceptable impact on local amenity or the character of an area, and/or that the loss of residential accommodation is not outweighed by demonstratable local economic benefits. 10.2. The Council does not currently consider that the use of residential properties for short- term lets is at a level to cause concern for the impact on housing stock. Policy 6 of the SLLDP2 identifies that visitor accommodation will be supported where it contributes to the visitor economy and that there are suitable access arrangements. Policy VET2 provides further criteria including financial viability, and good visual integration with the surrounding area. 10.3. No business plan has been requested per Policy VET2 as there is a low risk of dereliction if short-term letting proves unviable as the property can easily be returned to long-term residential. In any case, the Council’s supporting planning guidance on making changes to a dwellinghouse advises in Section 6.11, that where planning permission is approved, a temporary consent for 10 years will be given. After this date, and without renewal, the planning permission would lapse, and the use would revert to residential. 10.4. Policies 3 and 5 of the SLLDP2 identify that development within settlements may be considered acceptable if it does not have a significant adverse impact on the amenity and character of the area, and that all development should take account of, and be integrated with, the local context and built form. 10.5. As the proposal makes use of an existing flatted dwelling with no external alterations proposed, it would not result in a significant material impact on the visual character of the area or the streetscape. However, the flat is accessed via a communal stairwell and shares access to a rear garden. In suburban flatted developments, the high turnover of transient residents typically associated with short-term lets is not considered compatible with the residential character of such properties. 169
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10.6. Long-term residents and cognisance of neighbours is typical and expected within blocks of suburban flats, particularly where there are shared common areas and facilities (bin stores, garden ground etc.). The fluctuation of strangers within the common areas would have an impact on the real and perceived privacy and amenity of neighbours. While not all guests would behave in this manner, it is possible that some may be less mindful of residential amenity or the shared nature of the space, given the short-term nature of their stay. It would also be difficult for the Council to take action against these occurrences as the perpetrator would be a temporary resident. 10.7. Therefore, it is considered that the short-term let would have the potential to cause a significant adverse effect on local amenity by way of privacy impacts and disturbance to neighbours who share the common areas and facilities. Consequently, the proposal is not considered to accord with Policy 30 of NPF4 or Policies 3, 5, and 6 of the SLLDP2. 10.8. The supporting information provided in favour of the proposal is noted; however, it does not alter the assessment that short-term letting in flatted properties with shared access and amenity space is inappropriate in a suburban residential context. While letters of support have been submitted from current neighbours, planning decisions must consider the long-term protection of residential amenity for both existing and future occupants. The absence of recorded noise complaints does not in itself demonstrate that no disturbance has occurred, particularly given the nature of the use and the challenge in attributing one-off incidents to individual guests. Furthermore, the short-term let use was only established in September 2022 and therefore has a limited operational history. 10.9. The Council has consistently taken the view that flats which share communal areas (such as the application site) are not appropriate locations for short-term let accommodation due to the real and perceived impacts on privacy, security, and neighbourly expectations of occupation. As such, the justification offered does not outweigh the policy conflict or mitigate the identified amenity impacts. 10.10. Access Policy 13 of NPF4 promotes sustainable modes of transport and intends to reduce car dominance and supports low/no car developments, particularly in urban locations that are well-served by sustainable transport modes. Policy 5 of SLLDP2 requires the provision of suitable access and parking. The property does not have dedicated parking. There is on-street parking available, however, the flat is adjacent to a bus stop and a short walk from a local centre and the town centre and train station. Consequently, it is considered that the property has a suitable and sustainable level of access. 10.11. Conclusion In summary, the proposed change of use from flatted dwelling (sui generis) to a short- term let (sui generis) would result in a detrimental impact upon neighbouring residential amenity and privacy and is not suitable for the use proposed. As such, the proposal is contrary to Policies 3, 5, and 6 of the SLLDP2 and Policy 30 of NPF4. 170
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11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse Planning Permission for following reasons:- 01. The proposal is contrary to Policy 3: General Urban Areas and Settlements of the South Lanarkshire Local Development Plan 2 as it would result in an unacceptable adverse impact on residential amenity. 02. The proposal is contrary to Policy 5: Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 as it would result in an unacceptable adverse impact on the amenity and privacy of adjacent residential properties. 03. The proposal is contrary to Policy 6: Visitor Economy and Tourism of the South Lanarkshire Local Development Plan 2 as it does not comply with other relevant policies of the plan, particularly with respect to impacts on amenity. 04. The proposal is contrary to Policy 30: Tourism of National Planning Framework 4 as it would have an unacceptable impact on local amenity by way of privacy impacts and disturbance to neighbours who share the building and its common areas. David Booth Executive Director (Community and Enterprise Resources) Date: 11 August 2025 Background Papers Further information relating to the application can be found online:- P/25/0598 | Change of use of flatted dwelling (sui generis) to short-term let (sui generis) (retrospective) | Flat 3 2 School Street Hamilton ML3 6SD 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 171
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