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Agenda Document Pack - Planning Committee - 16/09/2025

South Lanarkshire Council · 16 September 2025
Back to Planning Committee — 16 September 2025 and its agenda

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Council Offices, Almada Street        
Hamilton, ML3 0AA 
Monday, 08 September 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, 16 September 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
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of the meeting of the Planning Committee held on 19 August 2025
submitted for approval as a correct record.  (Copy attached) 
5 - 14 
Item(s) for Decision 
3 South Lanarkshire Council - Planning Decision Making Procedures
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
15 - 40 
4 Application P/23/0941 for Construction and Operation of Renewable
Energy Development, Comprising 35 Wind Turbines with Maximum Blade
Tip Height Between 210m and 250m, Battery Energy Storage System of up
to 100MW and Associated Infrastructure (Section 36 Consultation) at Land
Lying to the East and West Sides of the M74, Approximately 1.5km
Northwest of Douglas
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
41 - 52 
5 Application P/24/0683 for Section 42 Application to Vary Conditions 2, 5, 8,
19, 23 and 34 of Planning Permission CL/09/0086 for Extension to Quarry,
Creation of New Access, Continued Operation of Asphalt and Concrete
Plants and Final Restoration of the Site at Cloburn Quarry, Thankerton,
Lanark
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
53 - 70 
6 Application P/24/0684 for Section 42 Application to Vary Conditions 1, 2, 3,
8, 19, 22 and 36 of Planning Permission CL/14/0140 for Extension to the
Hard Rock Quarry at Cloburn Quarry, Thankerton, Lanark
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
71 - 90 
7 Application P/24/0685 for Section 42 Application to Vary Conditions 1, 3, 8
and 11 of Planning Permission CL/16/0175 for an Extension to the Dust
Storage Area at Cloburn Quarry, Thankerton, Lanark
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
91 - 102 
8 Application P/25/0299 for Demolition of Agricultural Shed / Milking Parlour
and Erection of Detached House / Farmhouse, Detached Garage /
Workshop, Lambing Shed and Associated Works at South Flakefield Farm,
Bottom Highway, Chapelton, Strathaven
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
103 - 110 
9 Application P/25/0569 for Subdivision of Garden Ground and Erection of
House and Associated Infrastructure at Damhill Lodge, Corehouse Drive,
Corehouse, Lanark
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
111 - 116
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10  Application P/25/0640 for Installation of a 110m Tall Meteorological Mast
for a Temporary Period of up to 5 Years at Land 1.5km Northwest of North
Shortcleugh Farm, B7040 From Elvanfoot to Leadhills, Elvanfoot, Biggar
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
117 - 124 
11  Application P/25/0662 for Construction of 400kV/132kV Electricity Sub-
Station and Associated Supporting Infrastructure at Land 1.6km Southeast
of Redshaw, B7078 from Millburn to Abington
Report dated 8 September 2025 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
125 - 134 
Urgent Business 
12  Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING COMMITTEE 
Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street,
Hamilton on 19 August 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 Allan Falconer (substitute for
Councillor Davie McLachlan), Councillor Alistair Fulton, Councillor Celine Handibode, Councillor
Graeme Horne, Councillor Cal Johnston-Dempsey, Councillor Ross Lambie, Councillor Lesley
McDonald, Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor
David Shearer, Councillor David Watson 
Councillors' Apologies:
Councillor Joe Fagan (ex officio), Councillor Martin Lennon, Councillor Davie McLachlan, Councillor
Helen Toner 
Attending:
Community and Enterprise Resources
F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East
Team); T Finn, Planning and Building Standards Manager (Headquarters); 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 17 June 2025 were submitted for
approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
3 Local Place Plans - Stonehouse, Strathaven and Glassford, and Lanark 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on the preparation and submission of Local Place Plans (LPPs) for
Stonehouse, Strathaven and Glassford, and Lanark. 
Local Place Plans were community produced documents, introduced by the Town and Country
Planning (Scotland) 2019 Act, that were intended to show community aspirations for future
development. 
Regulations to support the preparation of LPPs, which came into force on 22 January 2022, set
out the steps a community was required to take to ensure that its LPP could be registered as
valid, details of which were provided in the report.
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The Council recently received separate LPPs for registration covering the Stonehouse,
Strathaven and Glassford, and Lanark areas, as well as supporting statements that
demonstrated that the legislative requirements had been met for each LPP.  Accordingly, the
LPPs and supporting statements had been published on the LPP register on the Council’s
website. 
At this stage, it was not the role of the Planning Authority to assess the proposals contained
within the LPPs for their planning merit or deliverability, however, they would be taken into
consideration during the preparation of South Lanarkshire Local Development Plan 3 and would
be referenced in the Evidence Report for consideration by South Lanarkshire Council, prior to
submission to Scottish Ministers. 
The Committee decided: 
(1) that the preparation and submission of Local Place Plans for Stonehouse, Strathaven and
Glassford, and Lanark, and the submission of supporting statements that demonstrated
that the legislative requirements had been met for each Plan, be noted; and 
(2) that it be noted that the Local Place Plans for Stonehouse, Strathaven and Glassford, and
Lanark, and the Supporting Statements for each Plan, had been published on the Local
Place Plan register on the Council’s website. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/24/0165 by Avant Homes Scotland Limited
and Netherburn Green Limited for the erection of a 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. 
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. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report. 
The Committee decided: that planning application P/24/0165 by Avant Homes
Scotland Limited and Netherburn Green Limited for the
erection of a 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 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)]
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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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/24/0573 by AC Land Regeneration for the
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. 
There followed a discussion on the application during which an officer responded to a member’s
question on an aspect of the report. 
The Committee decided: that planning application P/24/0573 by AC Land
Regeneration for the 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 be granted. 
[Reference:  Minutes of 7 September 2021 (Paragraph 3)] 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/24/1137 by AC Land Regeneration for the
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. 
The Committee decided: that planning application P/24/1137 by AC Land
Regeneration for the 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 be granted subject to the
conditions specified in the Executive Director’s report. 
[Reference:  Minutes of 7 September 2021 (Paragraph 3)]
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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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/24/0681 by Cloburn Quarry Company
Limited for an extension to Cloburn Quarry to allow for continued extraction and processing of
hard rock at Cloburn Quarry, Thankerton, Lanark. 
At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning
applications which required completion of a Legal Agreement.  If approved, the application
would be subject to a Legal Agreement and/or other appropriate mechanism and the approved
procedure would apply. 
Following discussion, Councillor Nelson, seconded by Councillor Convery, moved the
recommendation in the report.  Councillor Clark, seconded by Councillor Donnelly, moved as an
amendment that the application be refused on the grounds of impact on the amenity and the
local community.  Councillor Shearer, seconded by Councillor Allison, moved as a second
amendment that an additional condition be included requiring that the operations be reviewed
after a period of 20 years. 
On a vote being taken using the electronic voting system, between the second amendment
(moved by Councillor Shearer, seconded by Councillor Allison) and the first amendment (moved
by Councillor Clark, seconded by Councillor Donnelly), 9 members voted for the second
amendment, 3 for the first amendment and 10 abstained.  The second amendment was
declared carried and placed against the motion. 
On a vote being taken using the electronic voting system between the successful amendment
(moved by Councillor Shearer, seconded by Councillor Allison) and the motion (moved by
Councillor Nelson, seconded by Councillor Convery), 14 members voted for the motion and 8 for
the amendment.  The motion was declared carried. 
The Committee decided: that planning application P/24/0681 by Cloburn Quarry
Company Limited for an extension to Cloburn Quarry to
allow for continued extraction and processing of hard rock
at Cloburn Quarry, Thankerton, Lanark be granted subject
to:- 
 the conditions specified in the Executive Director’s
report
 the conclusion of Section 75 and 96 agreements
and/or other appropriate agreements between the
Council, site owner(s) and the applicant 
[Reference:  Minutes of 4 November 2014 (Paragraph 9) and 7 July 2015 (Paragraph 15)] 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/24/0856 by H McCall for the erection of a
house for a retiring farm worker at land 66 metres northeast of Crown House Farm, Struther
Highway, Sandford, Strathaven.
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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/24/0856 by H McCall for the
erection of a house for a retiring farm worker at land 66
metres northeast of Crown House Farm, Struther Highway,
Sandford, Strathaven be refused for the reasons detailed in
the Executive Director’s report. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/24/1236 by M74 West Limited for the
construction and operation of a renewable energy development, comprising of 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 the M74
immediately to the northwest of Abington Service Station and approximately 4.5km southwest of
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. 
The application was considered unacceptable on the basis that the proposed development was
contrary to:- 
 Policies 3 and 11 of National Planning Framework 4 on the grounds that the applicant had
failed to demonstrate that the impacts on the historic environment and aviation and
defence interests had been addressed
 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 
Under the terms of the Electricity Act 1989, when a Planning Authority objected to an
application, a public enquiry was required to be held unless Scottish Ministers proposed to grant
the application subject to modifications or conditions that addressed the Planning Authority’s
objections. 
In the event that a public enquiry was required to be held, a further report would be submitted to
Committee providing members the opportunity to confirm their objections to the proposed
development. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report.
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The Committee decided: that the Scottish Government be advised that the Council
had objections to planning application P/24/1236 by M74
West Limited for the construction and operation of a
renewable energy development, comprising of 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 the M74 immediately to the northwest of
Abington Service Station and approximately 4.5km
southwest of Douglas for the reasons outlined above and
detailed in the Executive Director’s report. 
In terms of Standing Order No 14, the Chair adjourned the meeting at 11.05am for a 10-minute
period.  The meeting recommenced at 11.15am 
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 
The Chair advised that consideration of this application had been deferred at the request of the
applicant and the application would be resubmitted to a future meeting of the Planning
Committee. 
The Committee decided: to note the position. 
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 House in
Multiple Occupation (HMO) Flatted Dwelling (Sui Generis) on First Floor and
Associated Alterations, and Formation of Car Park at 51 Machan Road, Larkhall 
The Chair advised that this application had been withdrawn at the request of the applicant. 
The Committee decided: to note the position. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0360 by R Richie for the erection of a 2-
storey house for an agricultural worker at land 200 metres southeast of Newton Farm, Newton
Highway, Strathaven. 
The Committee decided: that planning application P/25/0360 by R Richie for the
erection of a 2-storey house for an agricultural worker at
land 200 metres southeast of Newton Farm, Newton
Highway, Strathaven be refused for the reasons detailed in
the Executive Director’s report.
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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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0388 by Queequeg Renewables
Limited for the installation of a 20MW battery energy storage system (BESS) with associated
infrastructure at Plot 4A, Hurlawcrook Road, East Kilbride. 
The Committee decided: that planning application P/25/0388 by Queequeg
Renewables Limited for the installation of a 20MW battery
energy storage system (BESS) with associated
infrastructure at Plot 4A, Hurlawcrook Road, East Kilbride
be refused for the reasons detailed in the Executive
Director’s report. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0432 by H and K Simpson for the
change of use of a house (Class 9) to a children’s residential care home to accommodate 4
children, (Class 8 Residential Institution) at 36 Wellhall Road, Hamilton. 
There followed a discussion on the application during which an officer responded to a member’s
questions on aspects of the report. 
The Committee decided: that planning application P/25/0432 by H and K Simpson
for the change of use of a house (Class 9) to a children’s
residential care home to accommodate 4 children, (Class 8
Residential Institution) at 36 Wellhall Road, Hamilton be
granted subject to the condition specified in the Executive
Director’s report. 
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 Conditions at Larkhall Community Growth Area, Summerlee Road,
Larkhall 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0517 by Persimmon Homes for a
Section 42 application for variation of condition 1 and deletion of condition 22 of planning
consent 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 at Larkhall Community Growth Area, Summerlee Road, Larkhall. 
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The Committee decided: that planning application P/25/0517 by Persimmon Homes
for a Section 42 application for variation of condition 1 and
deletion of condition 22 of planning consent 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 at Larkhall Community Growth Area, Summerlee
Road, Larkhall be granted subject to the conditions
specified in the Executive Director’s report. 
[Reference:  Minutes of 19 November 2019 (Paragraph 5)] 
16 Application P/25/0529 for Installation of Flue to Rear Elevation of Existing
Building at 15 Montgomery Street, East Kilbride 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0529 by MHR Pension Trust for the
installation of a flue to the rear elevation of an existing building at 15 Montgomery Street, East
Kilbride. 
The Committee decided: that planning application P/25/0529 by MHR Pension Trust
for the installation of a flue to the rear elevation of an
existing building at 15 Montgomery Street, East Kilbride be
granted subject to the conditions specified in the Executive
Director’s report. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0711 by MHR Pension Trust for
external alterations associated with the erection of a flue to the rear (Listed Building Consent) at
15 Montgomery Street, East Kilbride. 
The Committee decided: that planning application P/25/0711 by MHR Pension Trust
for external alterations associated with the erection of a
flue to the rear (Listed Building Consent) at 15 Montgomery
Street, East Kilbride be granted subject to the condition
specified in the Executive Director’s report. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0555 by Advanced Grid Solutions for
the 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.
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The Committee decided: that planning application P/25/0555 by Advanced Grid
Solutions for the 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 be refused for the reasons detailed in the
Executive Director’s report. 
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 
A report dated 11 August 2025 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0598 by T Robertson for the change of
use of a flatted dwelling (sui generis) to a short-term let (sui generis) (retrospective) at Flat 3, 2
School Street, Hamilton. 
The application had been referred to Committee for consideration, following a request by
Councillor Keatt, which, in terms of section 4B 17 (f) of the Council’s Scheme of Delegation, had
been approved by the Chief Planning Officer, in consultation with the Chair. 
Following discussion, during which an officer responded to members’ questions on 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 Handibode,
seconded by Councillor Cowie, moved that the application be granted, although the
development was contrary to the Development Plan, as a departure from the Development Plan
was justified on the grounds that the application was retrospective and the business had been
running without issue or complaints from neighbours.  On a vote being taken using the electronic
voting system, 3 members voted for the amendment, 1 abstained and 18 voted for the motion
which was declared carried. 
The Committee decided: that planning application P/25/0598 by T Robertson for the
change of use of a flatted dwelling (sui generis) to a short-
term let (sui generis) (retrospective) at Flat 3, 2 School
Street, Hamilton be refused for the reasons detailed in the
Executive Director’s report. 
20 Urgent Business 
There were no items of urgent business. 
Chair’s Closing Remarks
The Chair advised that a members’ awareness session would be held at 10.30am on 4 September
2025 in relation to the:- 
 Evidence Report, that would form a statutory part of the South Lanarkshire Local Development
Plan 3 that was currently being prepared, which would be submitted to the meeting of South
Lanarkshire Council to be held on 1 October 2025 
 revised Decision-Making Process for Planning Applications 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)   
Subject:  South Lanarkshire Council Planning Decision Making
Procedures  
1. Purpose of Report
1.1.  The purpose of the report is to:- 
 seek approval from members for South Lanarkshire Council’s Planning Decision
Making Procedures 2025 which sets out the framework and procedures
pertaining to the decision-making functions of the Council as Planning Authority. 
This will be implemented from date of approval and will support the Scheme of
Delegation approved by Full Council in September 2024 
2. Recommendation(s)
2.1.  The Committee is asked to approve the following recommendation(s):- 
(1) that the South Lanarkshire Council Planning Decision Making Procedures
2025, attached as Appendix 1 to the report, be approved.   
3. Background
3.1 At its meeting held on 27 August 2024, the Planning Committee considered proposals
to amend the Scheme of Delegation in relation to the decision-making process for
planning applications, primarily to take account of legislative requirements and to
reflect current statutory functions and working arrangements. 
3.2 The Planning Committee agreed to endorse the proposed changes to the Planning
section of the Council’s Scheme of Delegation in relation to planning applications,
subject to minor changes.  The matter was referred to Full Council for consideration
on 11 September 2024 and agreed with no additional comments. 
3.3  Following this, Scottish Ministers adopted the Scheme of Delegation under Section
43A of The Town and Country Planning (Scotland) Act 1997 on 25 September 2024. 
The Scheme of Delegation has since been published as required by Regulation 5 of
The Town and Country Planning (Schemes of Delegation and Local Review
Procedure) (Scotland) Regulations 2013 and is in use by the Planning Authority. 
4.  Updates and Changes to Planning Procedures
4.1. The Planning Decision Making Procedures document 2025 has been prepared to
capture the updates to the adopted Scheme of Delegation.  This expands on
processes and procedures pertaining to the decision-making functions of South
Lanarkshire Council as Planning Authority in relation to planning and related
applications.  
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4.2 It provides further detail and guidance on the hierarchy of development,
representations, committee site visits, pre-determination hearings, appeals and
reviews.  The document aims to clarify roles and responsibilities within the planning
process and establish clear criteria for decision-making in accordance with relevant
legislation. 
4.3. The committee is requested to support the recommendation to approve this document
for use in connection with the adopted Scheme of Delegation. 
5.  Employee Implications
5.1.  There are no employee implications in terms of the content of this report. 
6.  Financial Implications
6.1.  There are no financial implications in terms of the content of this report. 
7.  Climate Change, Sustainability and Environmental Implications
7.1.   There are no climate change, sustainability, or environmental implications in terms of
the content of this report. 
8.  Other Implications
8.1.   To ensure that there is no risk of being in breach of legislative requirements and to
ensure compliance with good governance principles, the political management
arrangements supporting documentation require to be kept under review. 
9.  Integrated Impact Assessment and Consultation Requirements
9.1.  An impact assessment is not required. 
9.2. Consultation was carried out with Administration and Legal Services, Finance and
Corporate Resources. 
David Booth
Executive Director (Community and Enterprise Resources) 
8 September 2025 
Link(s) to Council Values/Priorities/Outcomes
 Accountable, effective, fair, efficient, and transparent 
Previous References
 Planning Committee - 27 August 2024 and 5 November 2024
 South Lanarkshire Council - 11 September 2024 
List of Background Papers
 Appendix 1- Planning Decision Making Procedures 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:- 
Fraser Carlin, Head of Planning and Regulatory Services
E-mail: fraser.carlin@southlanarkshire.gov.uk
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1 
South Lanarkshire Council
Planning Decision Making Procedures
August 
2025 
Version Updated by Authorised Date
1.0 Jane Weir  25.08.2025     
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Contents 
Introduction ................................................................................................................ 3 
Development Management ........................................................................................ 4 
Hierarchy of Development .......................................................................................... 5 
Scheme of Delegation ................................................................................................ 7 
Scheme of Delegation Criteria for Progressing to Planning Committee ................... 10
Submission on behalf of Management, Planning Staff, Elected Member .............. 10
Representations .................................................................................................... 10
Statutory Consultees ............................................................................................. 13
Departures ............................................................................................................ 14
Concern or Policy Issues ...................................................................................... 14
Elected Member Requests .................................................................................... 15
Notifications .......................................................................................................... 15
Pre-determination Hearings .................................................................................. 15
EIA Applications .................................................................................................... 17 
Elected Member - Planning Site Visit Arrangements ................................................ 18 
Appeals and Reviews ............................................................................................... 20
Local Review Body (LRB)- .................................................................................... 20
Scottish Ministers- ................................................................................................. 20
Decline to Determine ............................................................................................ 22 
Appendix 1- Information for Elected Members ......................................................... 23
Standing Orders on Procedures and Scheme of Delegation ................................ 23 
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Introduction
Planning in Scotland is a statutory system which controls the development and use of
land in the long-term public interest. Development Planning and Development
Management are the main functions of Planning Authorities. Planning Authorities
operate the planning system through implementing the National Planning Framework,
Local Development Plans, determining planning applications and carrying out
enforcement functions, amongst other duties. 
Power to approve documents associated with the preparation of the Council’s Local
Development Plan as required under The Town and Country Planning (Development
Planning) (Scotland) Regulations 2023 lies with South Lanarkshire Council. 
Planning powers to determine applications are exercised by Elected Members who
form the Planning Committee, unless delegated to the Chief Planning Officer and
appointed officers. The Council’s system for processing planning applications is
governed by the Town and Country Planning (Scotland) Act 1997 (as amended) and
The Planning (Scotland) Act 2019 and is set out in the Scheme of Delegation which
was approved by the Council and thereafter by Scottish Ministers on 25 September
2024. 
This guide sets out processes and procedures pertaining to the decision-making
functions of South Lanarkshire Council as Planning Authority in relation to planning
and related applications. 
All applicants, or other interested parties should always seek their own independent
legal advice in relation to any Planning decisions.  
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Development Management
Planning permission is required for the carrying out of any development of land
(including land covered with water) or buildings which is defined in Section 26(1) of
the Town and Country Planning (Scotland) Act 1997 (as amended)  as:
(a) Building operations;
(b) Engineering operations;
(c) Mining operations; 
(d) Other operations in, on, over or under land; 
(e) The making of any material change in the use of any building or other land; or
(f) The operation of a marine fish farm in certain circumstances.
Development Management is the function of the Planning Authority that processes,
assesses, and determines planning applications. Planning Circular 3/2022:
Development Management Procedures provides guidance on the procedures
governing applications for planning permission. It provides an overview of the
development management system and helps planning authorities, applicants,
communities, and others to understand how the legislation works. 
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Hierarchy of Development
A hierarchy of development was introduced to the planning system to ensure that
applications are dealt with in an appropriate way in respect of their scale and
complexity, allowing decisions to be taken at the most appropriate level. Planning
applications can be classified into National, Major, or Local applications.
The National Planning Framework designates National developments. The Town and
Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 describe
the classes of development belonging to the category of Major Developments. Those
regulations also provide that all development other than national developments and
major developments belong to the category of Local Developments. For clarity,
householder applications fall within the remit of Local Development. 
The Council’s adopted Scheme of Delegation 2024 sets out how the Council makes
decisions relative to the hierarchy of development as per the table below. 
Hierarchy of
Development
Definition Hearings Determination 
National
Defined in the
National Planning
Framework 
Subject to a Pre-
determination
Hearing (if requested
by interested parties) 
Planning Committee 
Major
Defined in the Town
and Country
Planning (Hierarchy
of Developments)
(Scotland)
Regulations 2009 
Subject to a Pre-
determination
Hearing where the
application is
significantly contrary
to the vision or spatial
strategy of the
development plan 
Planning Committee 
Local
All other
development that is
not national or
major 
No hearings  Delegated to
appointed officers
unless specified in
section 17 of the
adopted Scheme of
Delegation 
The hierarchy of development is fundamental to the decision-making process as the
scale of development affects the route of determination for the application as per the
Council’s Scheme of Delegation. 
National and Major developments will be determined by Planning Committee. 
The next section outlines the routes of determining Local development applications. 
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Hearings on planning applications that do not meet the statutory requirements (i.e.
applications which are neither National applications nor Major applications
significantly contrary to the Development Plan) are discretionary as per Section
38A(4) of the Town and Country Planning (Scotland) Act 1997 (As Amended). If held,
such discretionary hearings must nevertheless follow the pre-determination hearing
procedures as required by Sections 38A(2) and 38A(3) of the Act and as set out in
this document. 
South Lanarkshire Council has not included provision for discretionary hearings in its
Scheme of Delegation relating to planning applications, and only holds hearings for
National applications or Major applications which are significantly contrary to the
Development Plan. 
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Scheme of Delegation
The approved Scheme of Delegation gives authority to discharge the Council’s
Planning function as Planning Authority in terms of section 43A of the Town and
Country Planning (Scotland) Act 1997 (as amended), and the Planning (Scotland)
Act 2019. Essentially, this delegates certain powers to appointed officers to
determine planning applications as listed in the Scheme.
This, found in Section 17 of Part 4 B of the Scheme of Delegation,  is in respect of all
applications for planning permission (including planning permission in principle) for
development falling in the category of Local Development in terms of the Town and
Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 and all
applications for consent, agreement or approval required by a condition imposed on
a grant of planning permission for a development within the category of Local
Development (subject to first notifying all members of the Council of receipt of the
application through the issue of a Weekly List). Authority to determine all Local
Development applications is delegated to the ‘appointed officer’ unless the
application: 
a) is submitted by, or on behalf of by an agent, of one of the following:
(i) the Chief Executive or any other member of the Corporate Management Team of
the local authority (or a close relative) or a member of staff within the Planning and
Regulatory Service (or a close relative) where there are valid objections, and the
application is recommended for approval.
(ii) an Elected Member of the Authority (or a close relative).
-in such cases the application will be dealt with by the Planning Committee.
b) is being recommended for approval and is the subject of more than 5 valid letters
of representation (following advertisement and/or notification) that express objection
about the proposal- in such cases the application will be dealt with by the Planning
Committee.
c) is being recommended for approval and has been the subject of formal objection
by a statutory consultee as listed in Schedule 5 of The Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013, - in such
cases the application will be dealt with by the Planning Committee.
d) is, in the opinion of the Chief Planning Officer, a significant departure from the
Development Plan - in such cases the application shall be determined by the
Planning Committee.
e) is agreed to be presented to the Planning Committee by the Chief Planning Officer
in consultation with the Committee Chair as it raises significant levels of concern or
policy issues- in such cases the application will be dealt with by the Planning
Committee.
f) has been requested to be presented at Planning Committee by a Member of the
Planning Committee or Local Ward Member and this is agreed by the Chief Planning
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Officer and Committee Chair- in such cases the application will be dealt with by the
Planning Committee.
g) requires to be the subject of formal notification to the Scottish Ministers as defined
in the Schedule to the Town and Country Planning (Notification of
Applications)(Scotland) Direction 2009 (or any other Scottish Government Direction)-
in such cases the application will be dealt with by the Planning Committee.
h) has been subject to a pre-determination hearing under Section 38A(4) of the Town
and Country Planning (Scotland) Act 1997 (as amended) - in such cases the
application will be dealt with by the Planning Committee.
i) is an Environmental Impact Assessment (EIA) application for which a validated EIA
Report has been submitted- in such cases the application will be dealt with by the
Planning Committee.
For the avoidance of doubt, all applications for Matters Specified in Conditions,
applications under Section 42, and Section 75A of the Town and Country
Planning(Scotland) Act 1997 (as amended)  relating to Local Planning Applications
are Delegated to Appointed Officers unless subject to the criteria set out above. It
includes householder applications and all applications under the following legislation:
▪The Town and Country Planning (Scotland) Act 1997 (as amended)
▪The Planning (Scotland) Act 2006 (as amended)
▪The Planning (Scotland) Act 2019
▪The Planning (Hazardous Substances) (Scotland) Act 1997 (as amended)
▪The Planning (Listed Building and Conservation Areas) (Scotland) Act 1997
▪The Town and Country Planning (Control of Advertisement) (Scotland)Regulations
1984 (as amended)
The Scheme of Delegation also gives delegated powers, at Section 4 B to conclude
and modify Section 75 Legal Agreements, and sets out other delegated
responsibilities as follows:
• Section 18- delegated authority to determine prior notification and prior
approval applications
• Section 19- delegated authority to determine overhead electricity lines and
electricity sub-stations and gas and gas governor stations and associated
apparatus applications 
• Section 20- delegated authority to determine all applications for High Hedges
Consent 
• Section 21- delegated authority to determine all tree works applications 
Section 22 of the Scheme of Delegation sets out further general duties ‘appointed
officers’ have authority for. 
Section 23 sets out the delegated duties relating to enforcement functions and
Section 24 sets out the delegated duties relating to the Planning Local Review Body. 
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For the purposes of the Scheme of Delegation, the Chief Planning Officer is as
defined in section 50 of The Planning (Scotland) Act 2019, and in the context of
South Lanarkshire Council is the Head of Planning and Regulatory Services. The
Appointed Officer is as appointed by the Chief Planning Officer, and shall be an
employee of the Planning and Regulatory Service.  
This guide will now discuss in detail each criterion contained within Section 17 of the
Scheme of Delegation to interpret when a local development application progresses
to Planning Committee for determination. 
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Scheme of Delegation Criteria for Progressing to
Planning Committee 
Submission on behalf of Management, Planning Staff, Elected Member
Section 17 (a) of the Scheme of Delegation requires that applications are dealt with
by the Planning Committee where a local application is submitted by, or on behalf of
by an agent, of one of the following:
(i) the Chief Executive or any other member of the Corporate Management
Team of the local authority (or a close relative) or a member of staff within
the Planning and Regulatory Service (or a close relative) where there are
valid objections, and the application is recommended for approval.
For applications submitted by any of the above, where they are recommended for
refusal, or where the application is recommended for approval and there are no
objections, the decision will be delegated to the appointed officer.
(ii) an Elected Member of the Authority (or a close relative). 
All applications submitted by an elected member, or a close relative will be
determined at Planning Committee regardless of the recommendation. The elected
member will not be permitted to participate in the decision-making process of their
(or a close relative’s) application. 
Representations
As per criteria 17 (b) of the Scheme of Delegation, where a local development
application is being recommended for approval and is the subject of more than 5
valid letters of representation (following advertisement and/or notification) that
express objection about the proposal, the application will be dealt with by the
Planning Committee.
This section of the guide outlines how to make a representation, what constitutes a
valid representation and the implications on planning processes in respect of
representations. 
Who can make a representation?
The Council’s planning portal lets you view and comment on applications. Anyone
can comment on a planning application either in support of or objecting to a
proposal. 
What constitutes a valid representation?
To be considered as part of the determination of an application, the representation
must:
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1. Be made in writing either online via the planning application portal or by
emailing planning@southlanarkshire.gov.uk or posting to Planning and
Regulatory Services, Community and Enterprise Resources, South
Lanarkshire Council, Council Offices, Floor 6, Almada Street, Hamilton, ML3
0AA.
2. Be received within 21 days of the date of the neighbour notification period
beginning, or before the expiry of the advertisement period- whichever is the
later. 
3. Include your name and valid postal address.
4. Contain material planning considerations only.
Please note, that only one valid representation will be accepted per person. Multiple
comments from the same person will only count as one representation. Petitions with
multiple signatures will count as one representation only.
Details of the valid representation will be made public on the website, including
names and addresses, although sensitive personal information such as personal
email addresses, signatures and telephone numbers will be removed before being
made publicly available in accordance with data protection legislation. 
Anonymous or representations missing valid names or postal address, or
representations not containing any valid material planning considerations will not be
counted or considered.
Letters of representation received after 21 days of the date of the neighbour
notification period beginning or before expiry of the advertisement period may not be
considered, as in some instances a recommendation or decision may have already
been made. 
All representations received after the Planning Committee papers have been
published will not be considered and will not be reported to the Planning Committee. 
Any representations which in the opinion of the Chief Planning Officer are
considered to be defamatory or offensive will not be published and will not be
considered in the assessment of the planning application. 
Comments on a proposed application submitted as part of any pre-application public
engagement events, are not carried forward to the application stage, and if you wish
to comment you must submit a valid representation as set out in this guide. 
Material Planning Considerations
Under Section 25 of the Town and Country Planning (Scotland) Act 1997 (as
amended), authorities must make decisions on planning applications in accordance
with the Development Plan, unless material considerations dictate otherwise. 
The Planning Authority can only take into account valid representations which raise
material planning considerations. Material considerations are not defined in
legislation but must relate to the development proposal.
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Some examples include the following matters, however please note, this list is not
exhaustive:
• Scottish Government policy
• Scottish Government circulars, planning advice notes and chief planner letters
• Local Place Plans
• Planning policies which do not form part of the statutory development plan
• Draft policies which are proposed to form part of the statutory development
plan
• Environmental impacts of the proposed development
• Design of the proposed development and its relationship to its surroundings
• Amenity impacts of the proposed development
• Infrastructure impacts of the proposed development
• Planning history of the site
• Views of statutory and other consultees
• Legitimate public concern or support expressed on relevant planning matters.
Non-material Planning Issues
The following examples are not material planning comments and cannot be taken
into consideration when assessing a planning application (please note, this list is not
exhaustive):
• loss in the value of your house or property as a result of the proposed
development
• private financial issues
• boundary or neighbour disputes
• land ownership
• personal circumstances of the applicant/owner
• loss of a view
• the identity of the applicant
• behaviour of individuals
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• where the development has commenced or been completed (in advance of
the application for planning permission)
Where a representation has been made which neither objects nor supports the
application, the Planning Service will make a determination whether the
representation shall be considered valid or as a comment in relation to the
application.
What happens after making a representation
An acknowledgement letter will be sent after a representation has been received. 
Valid comments will be taken into account during the assessment of the application
and summarised in the report of handling for the case which explains how the
decision was reached on an application. 
Where an application is recommended for approval, and more than five valid letters
of objection have been received, as per paragraph 17 (b) of the Scheme of
Delegation, the application will be determined at Planning Committee. The Chief
Planning Officer’s report to the Planning Committee will be available to view on the
Council's website in line with Standing Orders on Procedures.
The status of an application can be monitored using the planning portal. Anyone who
makes a representation will not be updated on the progress of the planning
application but will receive notification of the decision. 
Planning officers cannot engage in discussion with those making representation
regarding the content of their comments. Notwithstanding Standing Order 28, there
is no opportunity for interested parties, including those who have made valid
representations, to speak at Planning Committee meetings (unless the application is
subject to a pre-determination hearing under the Town and Country Planning
(Scotland) Act 1997 as amended by Section 38A of the Planning Etc (Scotland) Act
2006). 
Statutory Consultees
The Scheme of Delegation at paragraph 17 (c) requires that where a local
application is being recommended for approval and has been the subject of formal
objection by a statutory consultee as listed in Schedule 5 of The Town and Country
Planning (Development Management Procedure) (Scotland) Regulations 2013, such
cases will be dealt with by the Planning Committee.
Statutory Consultees are bodies with statutory responsibility on certain subject
matters, to be consulted by planning authorities if an application may affect the
interests of that organisation.
Statutory Consultees are listed in the above regulations where circumstances apply
and include: 
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• SEPA 
• Nature Scot (formally known as Scottish Natural Heritage)
• The Health and Safety Executive
• Transport Scotland (Scottish Ministers)
• Historic Environment Scotland
• Community Councils
• The Mining Remediation Authority (known previously as The Coal Authority)
• Any adjoining planning authority (or adjoining roads authority for qualifying
proposals)
• Network Rail
• The Theatre’s Trust
• Scottish Water
• District Salmon Fishery Board
• The Crofting Commission
• Sport Scotland
Therefore, where there is an unresolved objection from one of the above consultees
(based on the consultation criteria set out in Schedule 5), and the application is
recommended for approval, then the application must be determined at Planning
Committee. 
If at Planning Committee the planning authority proposes to grant planning
permission contrary to consultee advice, the Town and Country Planning (Notification
of Applications) (Scotland) Direction 2009 provides criteria for the referral to the
Scottish Ministers in certain cases. 
Please note, this may lead to delays in the determination of applications. 
Departures
Paragraph 17 (d) of the Scheme of Delegation requires local applications which are,
in the opinion of the Chief Planning Officer, considered to be a significant departure
from the development plan, to be determined at Planning Committee. 
A significant departure is when a proposed development application is significantly
contrary to the development plan and where approval would be contrary to the vision
or wider spatial strategy of the plan, but the Planning Authority considers it
acceptable for planning permission to be granted. 
Concern or Policy Issues
Under Section 17 (e) of the Scheme of Delegation an application will be presented to
the Planning Committee where the Chief Planning Officer, in consultation with the
Committee Chair, considers that it raises significant levels of concern or policy
issues.
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This is for the consideration and agreement of the Chief Planning Officer in
consultation with the Committee Chair and will be considered on a case-by-case
basis. It may cover items which raise considerable policy conflict, substantial letters
of support, raises matters of significant Council business, or other policy matters. 
Elected Member Requests
Section 17 (f) requires applications which have been requested by a Member of the
Planning Committee or Local Ward Member, and this is agreed by the Chief Planning
Officer and Committee Chair, to be dealt with by the Planning Committee.
Requests should be made in writing by the relevant Elected Member to the Chief
Planning Officer within 21 days of the details of the application being published in the
planning weekly list of valid applications.
Valid planning policy reasons or material considerations must be provided by
Members who make the request. 
Notifications
Section 17 (g) requires applications which are the subject of formal notification to the
Scottish Ministers as defined in the Schedule to the Town and Country Planning
(Notification of Applications)(Scotland) Direction 2009 (or any other Scottish
Government Direction) to be dealt with by the Planning Committee. 
Pre-determination Hearings 
Pre-determination hearings are required to be offered for all National development
applications, or Major development applications which are significantly contrary to
the vision or spatial strategy of the development plan. They must be offered to give
the applicant and anyone who has made a valid representation the opportunity to be
heard before the Members of the Planning Committee. 
Under Section 17 (h) of the Scheme of Delegation, where an application has been
subject to a pre-determination hearing under Section 38A(4) of the Town and
Country Planning (Scotland) Act 1997 (as amended) such cases will be dealt with by
the Planning Committee. 
Section 22 (r) of the Scheme of Delegation imposes a delegated duty on appointed
officers to determine, in consultation with the Chair and Depute Chair of the Planning
Committee and the Head of Administration & Legal Services, the procedural rules to
be followed by the Planning Committee where it is holding a pre-determination
hearing in terms of the Town and Country Planning (Scotland) Act 1997 (as
amended). 
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Any hearing should take place after the expiry of the period for making
representations on the application but before the Planning Authority decides the
application.
As with standard committee procedures, there is no further opportunity to speak at
Planning Committee available to the applicant, agent, land owner, representative or
third party other than the hearings detailed in this section. 
Protocol for Pre-Determination Hearings (PDH)
The following protocol will be utilised in the event a PDH has been offered and
accepted.
Prior to the PDH
1. Where a National application is submitted or when a Major application is
deemed significantly contrary to the vision or spatial strategy of the
development plan, and when the application is ready to be progressed to
Planning Committee for determination, the Chief Planning Officer and Head of
Administration and Legal Services will arrange for the PDH (which has been
offered and accepted) to be held as part of a future Planning Committee
meeting.
2. Notification of the PDH will be sent to the applicant/agent, and all interested
parties (including but not limited to land owners, representatives who
object/support the application) as well as Elected Members of the Planning
Committee and Local Ward Members.
3. The notification will contain instructions for making a request to speak. It
should be noted, where there are several requests, from objectors or
supporters of the application, a nominated spokesperson(s) should be
appointed.
4. A report containing a description of development, and the site context will be
prepared in advance and shall form part of the Planning Committee papers
and will be available to all relevant speakers and attendees. 
During the PDH
During the PDH, Standing Orders on Procedures will be followed as per normal
practice. The PDH will be called as per the order of business intimated in the
meeting summons.
1. The Chief Planning Officer (or as otherwise nominated) will introduce the item.
2. All speakers will be invited to address the hearing in turn. 
- This will begin with the applicant/agent or their nominated spokesperson(s). 
- Then the interested parties/nominated spokesperson(s) can address the
hearing in the following order:-
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• land owners
• representatives objecting to the application
• representatives supporting the application 
- All sides will have a maximum of 10 minutes in total to present their case.
Please note, this is in total regardless of the number of speakers.
- Once all sides have spoken, they will be given an opportunity to make any
points of clarification arising from the other sides representations, without
raising any new points. The same running order will be followed, and each
side will be allowed a total of 5 minutes, regardless of the number of
speakers.
- Members of the Planning Committee can then ask any speaker questions,
and the Chief Planning Officer points of clarity as addressed through the
Chair.
3. On completion of the above process, the Chair will close the hearing. 
The hearing is a meeting purely to give the opportunity for the applicant/agent and
interested parties to be heard. It is not the forum to determine an application. 
This protocol is subject to change only with the agreement of the Chief Planning
Officer and the Chair. 
After the PDH
At a future Planning Committee meeting the application will be considered. A
summary of the PDH will be attached to the committee report for the application. 
Only Members who attended the PDH can participate in the decision-making
process when the application is presented at the Planning Committee meeting. 
EIA Applications
Finally, Section 17 part (i) requires all Environmental Impact Assessment (EIA)
applications for which a validated EIA Report has been submitted to be dealt with by
the Planning Committee. 
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Elected Member - Planning Site Visit Arrangements
The purpose of this section is to set out the procedures for Planning Committee site
visits. This protocol applies only to Members of the Planning Committee.
Purpose of a Site Visit
The Planning Committee may decide to defer making a decision on an application or
notification before them to undertake a site visit. The main aim of the site visit is to
allow Elected Members to gain an appreciation of the physical characteristics and
site context in cases where Members do not feel there is sufficient information to
determine the application before them at the Planning Committee meeting. 
Site visits support decision making where the impact of the proposed development is
difficult to visualise or comprehend, i.e. where a visual assessment of the site is
considered essential; or for larger, more complex applications; or where the
proposed development raises unusual considerations; or where the proposed
development is likely to have a significant impact on the wider community.
Members are encouraged to visit or acquaint themselves with application sites using
the submitted plans/documents or online mapping systems prior to the meeting of
the Planning Committee. 
Site visits should only be carried out where the physical characteristics of the
application site do not allow an appreciation of the site or its context from a publicly
accessible location. 
If the Planning Committee decides to defer making a decision and undertake a site
visit the following process must be followed.
Procedures for a Site Visit
The Site Visit is not a formal part of the decision-making process on an application.
Where an application is deferred for a site visit at Planning Committee, a reason for
the site visit must be provided and agreed by the Planning Committee and recorded
in the minute of the meeting. 
Following the Planning Committee meeting where a site visit was agreed, Committee
Services in consultation with the Committee Chair / Depute Chair  and the Planning
Officer will arrange the date, time, travel arrangements, and parties to be notified. 
This will be carried out as quickly as possible to ensure that the application can
return to the Planning Committee for a decision. 
Attendees
Only Members of the Planning Committee (or their nominated substitute) who were
present at the initial Planning Committee meeting can attend the site visit. 
Should a Member be unable to attend the site visit, they will be asked to confirm in
response to the invitation that they are sufficiently acquainted with the site and intend
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to participate in the decision-making process relating to that application when it is
next presented to Committee.
No discussion will take place on site with members of the public or third parties, and
the site visit shall be limited to the inspection of the site to clarify the characteristics
of the site and immediate area.
Arrangements
1. Members must meet at Council Headquarters, Almada Street, Hamilton at the
scheduled time to allow advice on safety and access arrangements. 
2. Committee Services will take a note of Members and Officers attending.
3. Members must travel by the pre-arranged transportation from Almada Street.
4. Members must not take part in the Site Visit if they have not been given the
safety and access briefing and, as such, must not make their own way to the
site.
5. At the site visit, members can ask questions on points of clarity regarding the
physical characteristics of the site to the Planning Officer (or any other
relevant Council Officers in attendance).
6. No discussion shall take place on the merits of the proposals or any other
matters that could demonstrate pre-judgement of the application, and no
discussion shall take place with interested parties.
7. The Officer attending from Committee Services will bring the site visit to a
close. 
8. Return transportation to Almada Street will be provided.
Following the site visit
Applications on which a decision has been deferred for a Site Visit will be considered
at a future Planning Committee meeting. 
Members of the Planning Committee (or their nominated substitute) who were
present at the Planning Committee meeting(s), when the application was previously
considered, will be permitted to participate in the decision making of that application. 
All Members are reminded to adhere to the Councillors’ Code of Conduct.  
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Appeals and Reviews
An applicant may challenge the decision of the planning authority on their
application.
Only an applicant can appeal the decision on an application. There is no third party
right of appeal. 
Depending on the application type and route of determination, one of two routes of
appeal are available. In both cases the decision notice will highlight whether a review
or appeal is the appropriate route to challenge a decision. 
Local Review Body (LRB)- the LRB is a quasi-judicial committee of the Planning
Authority comprised of appointed Elected Members. This procedure involves a
review of the decision or condition(s) and applies only to Local Development
applications which were determined by an appointed officer under delegated powers,
as per Section 24 of the Scheme of Delegation. Reviews undertaken by the LRB are
approached de novo, meaning that the application is looked at afresh.
Scottish Ministers- appeals to Scottish Ministers apply to all applications
determined at Planning Committee (including Major and National applications), as
well as listed building and conservation area consent applications, prior
notification/approvals, certificate of lawfulness applications and advertisement
consent applications. The Scottish Government Planning and Environmental Appeals
Division (DPEA) handle appeals on behalf of Scottish Ministers with the power to
determine appeals delegated to Reporters who consider the application afresh.
Scottish Ministers also deal with appeals against the serving of enforcement notices
by the Planning Authority. 
What can be challenged?
The applicant has the right to appeal against:
1. A refusal of an application by the Planning Authority 
2. Any conditions imposed on the grant of permission/consent
3. failure to make a decision within an agreed timescale (also known as appeal
against non-determination- see section below for more information);
4. Enforcement notices
Deemed Refusals/ Appeals Against Non-Determination
Statutory provisions require the determination of planning applications by the
Planning Authority within 2 months of date it is made valid (4 months in the case of
Major and National Developments or EIA applications). However, this timescale can
be exceeded due to various circumstances and therefore the Planning Authority and
applicant/agent can agree an extension of time to determine the application. This
must be made in writing and may form part of a processing agreement. 
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21 
An application is deemed to have been refused when the Planning Authority has not
determined the application within the statutory timescale, and no extension of time
has been requested. In such cases, an appeal or review against the non-
determination of the application is available to the applicant. 
Reviews for delegated applications are made to the LRB in such cases, and where
the review has not been conducted within 3 months, this again is automatically
deemed refused. Thereafter, the applicant can appeal to the Scottish Ministers. For
National and Major applications appeals against non-determination are made directly
to Scottish Ministers. 
It will not be possible to appeal or seek a review against non-determination in
advance of the expiry of any extension to the timescale agreed between the
Planning Authority and applicant. Similarly, where a planning processing agreement
incorporates an agreed extended period for determination, there will be no right to
appeal or seek review against non-determination of the application until the expiry of
the agreed extended period in the agreement. 
Often extensions of time are required to allow for the submission of additional
information to address an otherwise unacceptable element of the proposal, to satisfy
a technical consultee, or to align with Planning Committee cycles. The appointed
planning case officer will communicate this with the applicant/agent throughout the
course of the application, however there will be no progress updates provided to
third parties, including those who made a valid representation on the application. 
Appeal Procedures
Notice of an appeal to Scottish Ministers or a review to the LRB must be submitted
within 3 months of the date of the decision notice, or in the case of deemed refusal
upon the expiry of 2 months from the date of validation of a Local application, or 4
months for National, Major and EIA applications. These time limits are set in
legislation, and any late submissions will not be accepted.
Appeal/reviews must include:
• Copies of all plans and documents submitted with the original application.
Please note NO new information can be provided with the appeal case. 
• Completed forms
• Statement of appeal/review 
Further details on the Local Review process is contained in Planning Series: Circular
5/2013: Schemes of Delegation and Local Reviews (www.gov.scot)
Further details on Scottish Minister appeals can be found at: A guide to planning
appeals in Scotland - gov.scot (www.gov.scot)
The decision taken on an appeal or review is final, subject only to judicial review at
the Court of Session. This must be made within six weeks of the date of the appeal
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22 
decision. Please note though, that an appeal to the Court of Session can only be
made on a point of law and it may be useful to seek professional advice before
taking this course of action. 
Decline to Determine
Planning Authorities can decline to determine certain applications. Section 39(1) of
the Act contains discretionary powers for planning authorities to decline to determine
repeat planning applications. This applies where:
1. Scottish Ministers have, within the previous 5 years, refused permission on a
similar application on call-in or appeal and, in the opinion of the Planning
Authority, there has been no significant change in the relevant parts of the
development plan or other material considerations since that decision.
2. The same discretionary power applies where more than one similar
application has been refused in the previous 5 years and no appeal has been
made or has been made but not determined. In these cases, the above
criterion relating to changes in the development plan or other material
considerations relate to the period since the most recent refusal of a similar
application.
3. The discretionary powers to decline to determine a repeat application also
apply where an application is subject to a right to local review by the planning
authority rather than a right to appeal to the Scottish Ministers. For example,
where a similar application has been refused on local review within the
previous 5 years and there is no change in the development plan or other
material considerations.
4. The same discretionary power applies where more than one similar
application has been refused in the previous 5 years and no appeal has been
made or has been made but not determined.
5. A planning application to which the Pre-Application Consultation (PAC)
requirements apply and where the applicant has not complied with those
requirements.
Where a planning authority declines to determine an application under section 39,
the applicant does not have a right to an appeal or a local review on the grounds of
non-determination (Sections 43A(8A) and 47(2)). As no decision has been made to
either refuse planning permission or grant it with conditions, then no right to appeal
or seek local review of such decisions under sections 43A and 47 applies. 
Further guidance on this procedure can be found in Annex E of the Planning Circular
3: Development Management Procedures (www.gov.scot)  
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Appendix 1- Information for Elected Members
All Elected Members, acting in any capacity mentioned within these procedures,
shall at all times be subject to the rules of the Councillors’ Code of Conduct as may
be issued by the Scottish Ministers and as updated and any amendments made to
the same from time to time. 
Standing Orders on Procedures and Scheme of Delegation 
Each Local Authority has its own Standing Orders on Procedures. These are the
written rules which regulate the proceedings of the Council in its decision-making. All
procedures detailed within this document are at all times subject to South
Lanarkshire Council’s Standing Orders on Procedures, and any amendments made
to the same. 
It should however be noted that Standing Order no. 28 “Receiving views from
representatives” does not apply to Pre-determination Hearings. Processes regarding
Pre-determination Hearings to the Planning Committee are set out in Regulation 27
of the Town and Country Planning (Development Management Procedures)
(Scotland) Regulations 2013 and the associated Circular 3/2022. 
The Council has an established framework for taking decisions. Many decisions are
delegated to officers as it would be impractical to have all decisions taken by
committee. What decisions officers can take, however, is set down and agreed by
the Council through the Scheme of Delegation, and other procedural
documents. South Lanarkshire Council’s Planning Scheme of Delegation can further
advise who can make any decisions referred to within this document. 
Council officers are always to act in accordance with the rules and procedures set
out in both the Standing Orders on Procedures and Scheme of Delegation. Both
documents are available to the public via the Council’s website and can be accessed
via the links provided in this section. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)   
Reference no:  P/23/0941
Proposal:  Construction and Operation of Renewable Energy Development,
Comprising 35 Wind Turbines with Maximum Blade Tip Height
Between 210m and 250m Battery Energy Storage System of up to
100MW and Associated Infrastructure (Section 36 Consultation) 
Site Address:  Land Lying to the East and West Sides of the M74, Approximately
1.5km Northwest of Douglas 
Applicant:  OnPath Energy Limited
Agent:  None
Ward:  4 – Clydesdale South
Application Type:  Electricity notification Section 36 application
Advert Type:  None Required
Development Plan
Compliance:
No
Departures:  N/A
Recommendation:  1. 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: 
1. Community Contribution Payments 
Direction to
Scottish Ministers 
N/A  
4
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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 2,394 ha and generally comprises areas of open undulating
moorland. The M74 separates the site with main access proposed via Junction 11 of
the M74. There are several access tracks on the periphery of the site, which connect
to the wider road network, which include the A70 to the north/northwest and the B7078
to the south. 
2.2. The village of Douglas is the closest settlement, which lies approximately 1.5km to the
northwest. There are two other settlements in the vicinity, Rigside which lies
approximately 2km to the northeast and Roberton some 3.5km to the southeast. 
2.3. There are several historic features within the site, including three Scheduled Ancient
Monuments: Auchensaugh Hill Cairn; Wildshaw Hill Cairn; and Thorril Castle. 
2.4. The site is located within the boundary of several river catchments and small tributary
watercourses are present across the Bodinglee East section of the site, rising in the
higher grounds in the north and flowing towards the River Clyde in the east/southeast.
In the Bodinglee west section of the site there are several burns which drain into
Douglas Water in the north and Duneaton Water in the south. 
3. Description of Proposed Development
3.1. An application has been made to the Scottish Government under Section 36 of the
Electricity Act 1989 for the construction and operation of a renewable energy
development comprising:-  
 35 turbines (9 to a maximum blade tip height of 210m, 11 to a maximum blade
tip height of 230m and 15 to a maximum blade tip height of 250m)
 A BESS with a generating capacity of up to 100MW
 On-site substation
 Access tracks
 Temporary concrete batching plant
 Met mast 
 Construction compounds
 Borrow pits 
3.2. 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 simply 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:-  
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 Environmental Impact Assessment Report
 Pre-Application Consultation Report
 Socio-Economic Report
 Sustainable Design and Planning Benefits Report 
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 which are of relevance
to the Council’s assessment of this application is also included below. 
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) – have
sought clarification on several issues. 
Response: Whilst the response from the applicant on these issues remains
outstanding, roads related matters are not considered likely to be a major determining
factor in terms of the assessment of the application. The issues raised by roads can
be suitably dealt with by condition. 
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. The consultations undertaken by the ECU are listed and summarised below. 
6.6. NATS – Object to the proposed development due to unacceptable impact on
infrastructure, which is cited to be the impact upon flight routing to Prestwick Airport. 
6.7. Forestry Scotland – No objection to the proposed development. 
6.8. Glasgow Prestwick Airport – No objection to the proposed development. 
6.9. The Coal Authority - No objection to the proposed development. 
6.10. Network Rail - No objection to the proposed development. 
6.11. Scottish and Southern Electricity Networks (SSEN) - No objection to the proposed
development. 
6.12. Historic Environment Scotland (HES) – Following the submission of updated
information have removed their objection to the proposed development. 
6.13. SEPA – No objection to the proposed development subject to the imposition of suitable
conditions. 
6.14. Glasgow Airport - No objection to the proposed development. 
6.15. Civil Aviation Authority (CAA) - No objection to the proposed development and
advise of required consultation protocol.  
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6.16. Transport Scotland – No objection to the proposed development. 
6.17. Ministry of Defence (MoD) – Object to the proposed development based upon the
adverse impact on the seismological recording station at Eskdalemuir. 
6.18. NatureScot – No objection to the proposed development subject to conditions. 
7. Representations
7.1. The Energy Consents Unit (ECU) 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. 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.
8.2. 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 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  
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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 
National Planning Policy Framework 4 (NPF4) sets out the long-term vision for
development of Scotland through the National Spatial Strategy. NPF4 aims to meet
Scotland’s climate ambition which will require a rapid transformation across all sectors
of the economy and society. The Scottish Government’s Onshore Wind Policy
Statement sets a target for installed onshore wind generation of 20GW by 2030. 
10.2. NPF4 Policy 1 – Tackling the Climate and Nature Crises states that there is a need to
encourage, promote and facilitate development that addresses the global climate
emergency and nature crisis, whilst Policy 2 – Climate Change and Adaptation seeks
to encourage, promote and facilitate development that minimises emissions and
adapts to the current and future impacts of climate change. 
10.3. In this case, the proposed development comprises the construction and operation of
a wind farm, along with an associated battery energy storage system (BESS). It would
assist in terms of the generation of renewable energy to enable the decarbonisation
of Scotland’s energy supply and meet Net Zero targets. 
10.4. As such, it is considered that the proposed development is directly linked to renewable
energy generation and supports the general principles which are set out in NPF4
Policies 1 and 2, in addition to Policy 1 – Spatial Strategy and Policy 2 – Climate
Change of the SLLDP2. 
10.5. Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms
of renewable energy development.  This includes energy generation through wind farm
development, solar arrays and energy storage (such as battery storage).  The policy
makes clear that development proposals for all forms of renewable, low carbon and
zero emissions will be supported.   
10.6. The policy also sets out a range of criteria that proposals should be assessed against
to ensure the impact of the proposed development and any required mitigation is
properly 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 
10.7. 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 contained within SLLDP2 Volume 2.  SLLDP2 Volume 2 Policy RE1
Renewable Energy supports Policy 18 and states that as well as the Checklist,
renewable energy proposals should also take into account the considerations, criteria
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and guidance contained within the Supporting Planning Guidance (SPG) on
Renewable Energy, Landscape Capacity Study for Wind Energy (2019 as amended)
and other relevant policies in SLLDP2. 
10.8. Together NPF4 Policy 11, SLLDP2 Policy 18 and the associated SPG set out the
criteria that are required to be addressed when determining applications of this scale
and nature.  The Landscape and Visual Assessment (LVIA) which forms part of the
Environmental Impact Assessment (EIA) is a key document in assessing the
proposals, with it being considered that the landscape impact of the proposed
development is the principle determining issue from the Council’s perspective. 
10.9. The spatial framework for wind energy in SLLDP2 identifies the eastern section of the
application site (which contains the majority of the proposed turbines) as falling within
an area where careful consideration of new proposals is required to prevent
coalescence between existing turbine clusters. 
10.10. The western section of the application site is not affected by this “designation”. 
10.11. Taken together, NPF4 Policy 11 and SLLDP2 Policy 18, along with the associated
Supporting Planning Guidance (SPG) set out the criteria that require to be assessed
when considering applications of this scale and nature. 
10.12. The eastern section of the site lies in the Plateau Moorland Landscape Character Type
(LCT), south of the Broad Valley Upland LCT of the Douglas Water (noting that within
the Council’s wind energy guidance the area is classified as the Foothills LCT). 
10.13. This section of the site is not designated but lies a short distance to the west of the
Upper Clyde Valley and Tinto Special Landscape Area (SLA), and close to the
distinctive Rounded Landmark Hill LCT of Tinto and Dungavel. The special qualities
of the SLA include the meandering course of the 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 the popular hillwalking
destinations in the area, including Tinto Hill. 
10.14. The western section of the site, lying to the west side of the M74, lies in an area of the
Plateau Moorland LCT, directly to the south of the Upland Valley LCT of the Douglas
Water. 
10.15. The river and the containing moorland on both sides is designated as the Douglas
Valley Special Landscape Area (SLA). The special qualities of this area include the
scenic composition of a river valley, the pastoral landscape enclosed by moorland hills
and the fact that the area is frequently visited due to major intersectional transport
routes, historic village and network of footpaths. 
10.16. Several other wind farm groupings lie within the wider study area, the closest to the
proposed development being the Hagshaw Hill group lying to the northeast of the
Douglas Valley opposite Bodinglee West and the Andershaw/ Middlemuir group lying
to the south of the Douglas Valley and Bodinglee West. There are no significant
operational or consented wind farms close to the Bodinglee East site. The area around
the Upper Clyde Valley, Tinto and Pentland Hills to the northeast of this has no wind
farms, forming an important strategic gap between extensive cumulative clusters. 
10.17. The main landscape and visual effects of the proposed development relate to the site
and its surroundings including the LCTs and SLAs described above. These include
significant primary effects and cumulative effects with operational and consented wind
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farms, particularly the two groupings described above. The Proposed Development
would tend to infill the visible gap between the groupings as well as lead to the
domination of the Douglas Valley by wind farm development on surrounding
northwestern and southeastern skylines.
10.18. The Council’s wind energy guidance highlights the sensitivities associated with the two
main areas of the site. It states that there is limited scope for further significant scale
development in the west area due to the potential for effects on the Douglas Valley
SLA and no scope in the east area if a strategic gap is to be maintained between
extensive areas of cumulative wind energy development to the north, west and south
as well as maintaining the scenic qualities of the Upper Clyde Valley and its
surrounding hills. 
10.19. Whilst noting these various issues, the changing nature of the landscape within the
wider area coupled with the policy position supporting, amongst other wind farms, as
set out within NPF4, a view requires to be taken as to whether these concerns provide
sufficient cause to consider recommending the refusal of permission in respect of this
proposed development.
10.20. The greatest area of concern in landscape terms relates to the eastern section of the
development. Development within this area would give rise to a series of adverse
impacts and would encroach significantly into the “buffer” area identified within the
Council’s wind energy guidance. Development within this part of the site is not
considered to be in conformity with the provisions of SLLDP2. 
10.21. The western section of the site presents less of an issue in landscape terms and on
balance can be reasonably supported against the prevailing policy background and
could potentially be supported in isolation from the eastern section of the site.
However, taken as a whole, the landscape impacts of the proposed development are
considered to give rise to a direct conflict with the terms of SLLDP2 Policy 18.
10.22. NPF4 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. 
10.23. 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. 
10.24. 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.  Within their consultation
response to the ECU, it is noted that NatureScot have not offered any objection to the
proposed development. 
10.25. 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. 
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10.26. 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. 
10.27. 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
offered no objection to the proposed development. 
10.28. NPF4 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.  SEPA has offered no objection to the proposed
development and, on balance, the proposals are compliant with the provisions of
Policy 22 of NPF4 and Policy 16 of SLLDP2. 
10.29. 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 considered to be compliant with the provisions
of Policy 29 of NPF4 and Policy 4 of SLLDP2. 
10.30. 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 by 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
operation and capability of the array. Based on the information available at present,
there appears to be no immediate prospect of the concerns which have been raised
by the MoD being overcome. As a result, the proposal is contrary to NPF4 Policy 11
and Policy 18 in SLLDP2. 
10.31. The proposals have demonstrated that they address most of the impacts listed in
NPF4 and the assessment criteria in SLLDP2. However, objections have been
received from several statutory consultees. The applicant has been in discussion with
them, however, they currently remain unresolved. 
10.32. If a planning authority objects to a section 36 application and its objection is not
withdrawn, Scottish Ministers must cause a public inquiry 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 will give effect to the planning authority’s
objection. It is noted that the applicant and the ECU are in discussion with the relevant
consultees and it may be that their objections are resolved which in turn would mean
the policy position is addressed. It is concluded that the proposal does not comply with
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the development plan based on the current position and it is therefore recommended
that the Council object to the application. 
10.33. Conclusion 
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 air
traffic safety and the impact on Eskdalemuir. It is therefore recommended that the
Scottish Government be notified that the Council objects to the application for the
reasons stated below. 
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
01. That the Scottish Government Energy Consents Unit is informed that South
Lanarkshire Council objects to the granting of consent under Section 36 of the
Electricity Act 1989. 
The Scottish Government is also advised that any approval should be subject to the
conditions listed below and conclusion of a legal agreement(s) covering:- 
1. Community Contribution Payments 
Reasons for objection 
01. The proposed development fails to accord with Policy 11 - Energy of National 
Planning Framework 4 in that:-   
a)  The proposed windfarm would have a significant adverse impact on the
landscape character and scenic qualities of the immediate area in which it
would be located and on the wider landscape setting. 
b)  The proposals would reduce the strategic gap between the application site
and other consented and operational turbines and therefore would result in
an adverse cumulative impact with other windfarm development in the
surrounding area. 
c)  The proposals, by virtue of the seismic noise that would be generated by
the proposed turbines, would have an adverse impact on the operational
needs of the Ministry of Defence in terms of the interference that they would
cause to the operational activity of the Eskdalemuir Seismology Recording
Station.    
02. The proposed development fails to accord with Policy 18 - Renewable Energy
of the adopted South Lanarkshire Local Development Plan 2 and the Council's
associated Supporting Planning Guidance on Renewable Energy in that:-  
a)  The proposed windfarm would have a significant adverse visual impact
on the area due to the limited capacity and sensitivity to change of the
landscape character type in which it would be located to accommodate
additional turbines. 
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b)  The application site is within an area which has been identified to prevent
coalescence between existing windfarm clusters and the proposals
would result in the development of a strategic gap which, in turn would
lead to an increase in the cumulative effects of windfarm development
within the surrounding area, to the detriment of its high landscape and
visual quality. 
c)  The proposals would have a detrimental impact on the scenic qualities
of the immediate area in which it would be located and on the visual
amenity of visitors to recreational facilities in the area proposals.  
d)  The proposals, by virtue of the seismic noise that would be generated by
the proposed turbines, would have an adverse impact on the operational
needs of the Ministry of Defence in terms of the interference that they
would cause to the operational activity of the Eskdalemuir Seismology
Recording Station. 
12. Next Steps. 
12.1. 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. 
12.2. 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: 8 September 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=RYCKJ9OP07P00 
Corporate Considerations: The report raises no impacts or risks in terms of equalities or
financial implications.  Any implications in terms of climate change, sustainability or the
environment will have been considered above in terms of the relevant national and local
policies. 
Contact for Further Information:- 
If you would like to inspect the background papers or want further information, please
contact:-
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/0683
Proposal:  Section 42 Application to Vary Conditions 2, 5, 8, 19, 23 and 34 of
Planning Permission CL/09/0086 for Extension to Quarry, Creation of
New Access, Continued Operation of Asphalt and Concrete Plants
and Final Restoration of the Site 
Site Address:  Cloburn Quarry, Thankerton, Lanark, ML11 8SR
Applicant:  Cloburn Quarry Company Limited
Agent:  Dalgleish Associates – Willie Booth
Ward:  03 – Clydesdale East
Application Type:  Modification, Variation or Removal of Planning Condition
Advert Type:  Lanark Gazette, 12 July 2024
EIA advert: Edinburgh Gazette, 10 July 2024 
Development Plan
Compliance: 
Yes 
Departures:  Not applicable
Recommendation:  Grant subject to conditions, Section 75 legal 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.  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 
No 
5
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1. Reason for Report
1.1 The application is required to be determined by the Planning Committee as it relates
to a previously approved major planning application. 
2. Site Description
2.1 The application site relates to an area of land lying within the boundaries of the current
operational area associated with Cloburn Quarry. 
2.2 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. 
2.3 The closest residential properties to the existing quarry lie within the southernmost
part of Pettinain, some 500m to the north and those properties on Glentisset Road,
sitting between 450m and 550m to the northwest side of the site. 
2.4 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. This area
of plantation woodland has since been replanted. 
3. Description of Proposed Development
3.1 The application is made under the terms of Section 42 of the Town and Country
Planning (Scotland) Act 1997 (as amended) which relates to applications for planning
permission for the development of land but without compliance with a condition or
conditions attached to a previous planning permission. 
3.2 The application seeks to vary conditions 2, 5, 8, 19, 23 and 34 as attached to planning
permission CL/09/0086 (noting that the request to delete condition 29 of this planning
permission has been deleted from the scope of this current planning application
following discussions with the applicants agent – this condition is now numbered as
26). 
3.3 The need for these proposed variations to the extant planning conditions arises from
the promotion of planning application reference P/24/0681, which seeks full planning
permission for an extension to the operational extent of the quarry and an extension
to the time period covered by the existing permission for the operation of the quarry. 
3.4 Application reference P/24/0681 was granted planning permission by the Council’s
Planning Committee at its meeting on 19 August 2025. 
3.5 The purpose of the proposed variations to the conditions is to allow all of the planning
permissions which relate to the operation of the site to have common end date and to
also allow reference to be made to consequential changes to the details of the
approved drawings and documents which relate to the planning permission. 
3.6 The proposed changes to these conditions are detailed below. 
Condition 2 states that:- 
Unless otherwise directed by conditions attached to this consent, this decision relates
to the Planning and Environmental Statement dated February 2009 for the Proposed
Extension for Cloburn Quarry, which includes drawing numbers: 
Figure 1.1 - General Site Location plan 
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Figure 1.2 - Site Location Plan 
Figure 2.1 - Existing Topography Plan 
Figure 2.2 - Services Plan 
Figure 2.3- Geological Interpretation Plan 
Figure 3.1 - Development Programme Phase 1 
Figure 3.2 - Development Programme Phase 2 
Figure 3.3- Development Programme Phase 3 
Figure 3.4 - Development Programme Phase 4 
Figure 3.5 - Development Programme Phase 5 
Figure 3.6 - Development Programme Phase 6 
Figure 3.7 - Development Programme Phase 7 
Figure 3.8 - Development Programme Phase 8 
Figure 3.9- Cross Sections 
Figure 3.10 - Restoration Plan 
Figure 6.1 - Landscape Context Plan and viewpoint Location Plan 
Figure 6.2-6.2ii - Theoretical Zones of Visual Influence 
Figure 6.3 Consideration of Alternative Access 
Figure 6.4-6.14 - Viewpoints 
Figure 7.1 -Existing Hydrology
Figure 7.2 - Phase 7 Hydrology 
Figure 7.3 - Restoration hydrology 
Figure 8.1 - Phase 1 habitat Survey 
Figure 10.1 - Background Monitoring and Potential Noise Sensitive Locations 
Figure 11 .1 - Potential Dust Sensitive Locations 
Figure 12.1 - Potential Blast Sensitive Locations and the associated Technical
Appendices dated February 2009, which include: 
• Ornithological Assessment 
• Noise Assessment 
• Assessment of Blast Vibration 
• Archaeological Assessment 
3.7 As part of the proposed extension to Cloburn Quarry (to which planning permission
reference P/24/0681 relates) updated figures which cover the full site area, extension
and existing operational areas have been prepared and accompany the Environmental
Impact Assessment Report (EIAR) dated May 2024. 
3.8 Updated Assessments for Ecology (EIAR Appendix 5), Noise (EIAR Appendix 6),
Blasting (EIAR Appendix 7) and Archaeology (EIAR Appendix 8) have been prepared. 
3.9 It is proposed that Condition 2 is varied to refer to the revised figures and those studies
noted above. 
3.10 Condition 5 states:- 
That all extraction operations on the site shall be discontinued not later than 20 years
from the date of commencement (as notified to the Council in respect of condition 3)
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. 
3.11 To align with the timescales proposed under planning permission reference
P/24/0681, it is proposed that this condition be varied to read as follows:-  
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“That all extraction operations on the site shall be discontinued not later than 42 years
from the date of commencement (as notified to the Council in respect of condition 3)
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.” 
3.12 Condition 8 states that:- 
That the operator shall at all times abide by the terms of the noise management
programme contained within section 10 of the Planning and Environmental Statement
dated February 2009, unless otherwise controlled through conditions of this consent. 
3.13 An EIAR has been prepared in relation to the proposed extension and changes to
operations, which includes a further Noise Impact Assessment provided as EIAR
Section 9 and Appendix 6. 
3.14 It is proposed that Condition 8 is varied to refer to the updated EIAR dated May 2024. 
3.15 Condition 19 states that:- 
That the operator shall minimise dust emissions from the site by every practicable
means and shall at all times operate the site in full accordance with the dust monitoring
and management plan contained within section 11 of the Planning and Environmental
Statement dated February 2009. 
3.16 An EIAR has been prepared in relation to the proposed extension and changes to
operations, which includes a further Air Quality Assessment provided as EIAR Section
10. 
3.17 It is proposed that Condition 19 is varied to refer to the updated EIAR dated May 2024. 
3.18 Condition 23 states:- 
That if the quarrying operation results in mud or other material being deposited onto
the public highway, the Council reserves the right to request the installation of a wheel
wash facility. Where such a request is made by the Council, the applicant or operator
shall submit details of the facility and installation timescales to be approved in writing
by the Council as Planning Authority. 
3.19 A wheel and body wash has been installed at Cloburn Quarry and accordingly, it is
proposed that Condition 23 is varied to read:- 
“All loaded vehicles must use the wheel and body wash prior to exiting the site”. 
3.20 Condition 34 states:- 
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 necessary for
asphalt and concrete production. 
3.21 It has been identified that there is a soil deficit on site and that, over the life of the
proposed development, it will be necessary to import soils to ensure that sufficient
materials are available to allow meaningful restoration to be undertaken. This will be
undertaken with appropriate authorisation from SEPA.  
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3.22 Accordingly, it is proposed that Condition 34 be varied to read:- 
“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 soils required for
restoration or that necessary for asphalt and concrete production.” 
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 when 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 permission reference CL/14/0140 (the Swaites Hill extension) was granted
planning permission 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 permission reference Cl/16/0175 was issued by the Council on 1 July 2016
and relates to a retrospective application for and extension to the “dust storage area”. 
4.5 Planning permission reference P/24/0681 was granted permission on 19 August 2025
and relates to the extension of the quarry and the continued extraction of material for
a period of 42 years. 
5. Supporting Information 
5.1 The planning application is supported by the following reports/documents:- 
 Environmental Impact Assessment Report (EIAR)
 Planning Statement 
6. Consultations
6.1 Roads Development Management Team
No objection to the proposed development.
Response: Noted. 
6.2 Environmental Services
No objection to the proposed development.
Response: Noted. 
6.3 Scottish Forestry
No objection to the proposed development.
Response: Noted 
6.4 West of Scotland Archaeological Service
No objection to the proposed development subject to the retention of Condition 29.
Response: The need to retain Condition 29 has been discussed with the applicant
and it has been agreed that the request to delete this condition be removed from the
scope of the proposed development and that, as such, this condition will be retained
as part of the conditions to which this development will be subject.  
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6.5 Historic Environment Scotland
Have advised that they have no specific comments to make in respect of the proposed
development.
Response: Noted. 
6.6 SEPA
Requested clarification on the potential impact of the proposed development upon a
single identified private water supply, pending which they noted a Holding Objection.
Response: The applicant has provided the information requested by SEPA and this
matter has now been satisfactorily addressed. 
6.7 NatureScot
Have advised that they have no specific comments to make on the proposed
development.
Response: Noted. 
6.8 Pettinain Community Council
Object to the application based on; lack of consultation between the developer and the
local community; failure in the way that contributions are distributed; and, long term
unsustainable nature of the proposed development.
Response: Noted. 
7. Representations
7.1 Following the statutory period of neighbour notification and advertisement, a total of
49 letters objecting to the proposed development have been received. 
7.2 The issues raised within the submitted letters of objection are as follows:- 
 loss of visual amenity
 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
 adverse impacts upon local road network 
7.3 The terms of these letters of objection are considered within the assessment section
of this report. 
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 crisis
 Policy 2 – Climate mitigation and adaptation
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 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
 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. 
9.2. Planning Circular 4/1998 – Use of Conditions states that, in relation to Section 42
applications, the planning authority can refuse the application if they decide the original
conditions should continue. In all cases conditions should meet 6 tests ie they should
be:- 
 Necessary
 Relevant to planning
 Relevant to the development to be permitted
 Enforceable
 Precise
 Reasonable in all other aspects 
10. Assessment and Discussion
10.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997,
all applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 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 relevant
material planning considerations. 
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10.2 In this case, the application is made under Section 42 of the Town and Country
Planning (Scotland) Act 1997 to vary conditions attached to an existing extant/live
planning permission which covers the quarrying operations at the site. Accordingly,
there is no opportunity for the Planning Authority to revisit the principle of the
development, or any facets of the original planning permission. 
10.3 Therefore, in this instance, the assessment of the proposals relate solely to the
consideration of whether the impact of the proposed variations to the extant planning
conditions can be justified or whether the proposed variations would undermine the
integrity of the extant planning permission. 
10.4 The current operations at Cloburn Quarry are permitted and controlled by several
different planning permissions. 
10.5 The main quarry operations are controlled 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. 
10.6 Planning permission reference CL/14/0140 (the Swaites Hill extension) was granted
planning permission 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. 
10.7 Planning permission reference Cl/16/0175 was issued by the Council on 1 July 2016
and relates to a retrospective application for and extension to the “dust storage area”. 
10.8 Planning application reference P/24/0681 seeks permission for an extension to the
current quarry and for an associated extension to the period covered by the overall
quarrying operations. Planning permission in respect of this application was granted
by the Council’s Planning Committee at its meeting on 19 August 2025. 
10.9 As a consequence, this application seeks simply to reconcile the conditions attached
to planning permission reference CL/09/0086 with those that are approved under
planning permission reference P/24/0681, in terms of the referencing to approved
drawings and other operational matters and also the time period allowed for in terms
of the quarrying operations and subsequent restorations works. 
10.10 Looking at the variations that are proposed to the conditions specified under this
application, the following considerations are noted. 
10.11 Condition 2 of planning permission P/09/0086 advises that the planning permission
relates to the Planning and Environmental Statement dated February 2009, which
includes those drawings specified. 
10.12 As part of the proposed extension to Cloburn Quarry (to which planning permission
reference P/24/0681 relates) updated figures which cover the full site area, extension
and existing operational areas have been prepared and accompany the Environmental
Impact Assessment Report (EIAR) dated May 2024. This EIAR is also submitted in
support of this application. 
10.13 Updated Assessments for Ecology (EIAR Appendix 5), Noise (EIAR Appendix 6),
Blasting (EIAR Appendix 7) and Archaeology (EIAR Appendix 8) have also been
prepared.  
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10.14 The proposed variation to Condition 2 seeks simply to ensure that appropriate
reference is made to the EIAR (May 2024) and its associated appendices, these
documents representing the most up to date approved details relating the operation of
the wider site. 
10.15 This variation raises no issues of conflict with the provisions of the development plan
and will ensure that the ongoing operation of the site (as originally provided for under
planning permission reference CL/09/0086) can be properly controlled. 
10.16 Condition 5 of planning permission CL/09/0086 requires that all extraction operations
on the site be discontinued not later than 20 years from the date of commencement
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. 
10.17 Under the terms of planning permission reference P/24/0681, in association with the
extension of the quarry area, the operational lifespan of the quarry be extended by a
further 42 years from the date of commencement of the extension (with a further period
of 2 years to cover the restoration of the site). 
10.18 The proposed variation to Condition 5 seeks simply to align the end date/restoration
date of the quarry operations as approved under planning permission CL/09/0086 with
that arising as a consequence of planning permission reference P/24/0861 with it
being considered that this variation raises no issues of conflict with the provisions of
the development plan and will allow all of the permissions which govern and control
the operation of the site to have a common end date. 
10.19 Condition 8 of planning permission reference CL/09/0086 provides the means of
control over noise generated by the operation of the site and in so doing refers to the
noise management programme set out within Section 10 of the Planning and
Environmental Statement dated February 2009. The terms of this Planning and
Environmental Statement have been superseded by the terms of the EIAR (May 2024)
which has been submitted in support of this application and the proposed variation to
Condition 8 seeks simply to refer to the EIAR, dated May 2024, rather than the earlier
Planning and Environmental Statement. 
10.20 This variation is considered to raise no issues of conflict with the provisions of the
development plan and will allow the control over the noise generated by the operation
of the site to be governed by the most up to date information. 
10.21 Condition 19 of planning permission reference CL/09/0086 provides the means of
controlling dust emissions associated with operation of the site and in so doing refers
to the dust monitoring and management plan within Section 11 of the Planning and
Environmental Statement dated February 2009. The terms of this Planning and
Environmental Statement have been superseded by the terms of the EIAR (May 2024)
which has been submitted in support of this application and the proposed variation to
Condition 19 seeks simply to refer to the EIAR, dated May 2024, rather than the earlier
Planning and Environmental Statement. 
10.22 This variation is considered to raise no issues of conflict with the provisions of the
development plan and will allow the control over the noise generated by the operation
of the site to be governed by the most up to date information.  
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10.23 Condition 23 of planning permission reference CL/09/0086 reserved the right for the
Council to request the installation of a wheel wash facility at the quarry. Such a request
has been made by the Council and the wheel washing facility has been installed and
is operational. 
10.24 The proposed change to Condition 23 seeks simply to reflect this and provide for the
requirement that all loaded vehicles leaving the site must use the wheel and body
wash prior to exiting the site. 
10.25 This variation raises no issues of conflict with the provisions of the development plan
and will allow for control to be exercised over the use of the previously installed wheel
wash. 
10.26 Condition 34 of planning permission reference CL/09/0086 limits the
importation/deposition of material to or at the site to that which is necessary for the
asphalt and concrete production. 
10.27 The site operator has identified that there is a deficit on the level of soil on the site
when compared with the volume that will be required to allow for the full restoration of
the site. 
10.28 To address this, it is proposed that the terms of this condition be varied to allow for the
importation of soil required for the restoration works, in addition to that required for the
production of asphalt and concrete. 
10.29 This variation raises no issues of conflict with the provisions of the development plan
and will ensure that a sufficient volume of soil is present on the site to enable the full
restoration of the site. 
10.30 As is noted above, the nature of Section 42 applications is such that they do not
present the opportunity for the Planning Authority to revisit the principle of the
development, or any facets of the original planning permission and that, as such, the
assessment of the proposals relate solely to the consideration of the impact of the
proposed variations to the extant planning conditions and whether they can be
reasonably justified or whether the proposed variations would undermine the integrity
of the extant planning permission. 
10.31 The matters put forward by those parties who have objected to the application raise a
number of issues which relate to the principle of the development which, for the
reasons set out above, cannot be considered as part of the assessment of this
application, the assessment of which must consider only the implications of the
proposed variations to the conditions in question. 
10.32 Those objections which have been raised in relation to the potential noise and dust
related impacts are covered by the proposed variations and, as such, can legitimately
be considered as part of the assessment process. 
10.33 Whilst variations to these conditions are sought, the nature of the variations is such
that they seek simply to allow reference to be made to the most up to date information
covering these matters, as is set out within the EIAR (May 2024) which is submitted in
support of the application, and do not alter the substance or purpose of the original
conditions as attached to planning permission reference CL/09/0086.  
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10.34 In addition to the various changes/amendments proposed by the applicant, the
opportunity has also been taken to review the full suite of conditions, with a view to
deleting those that are no longer relevant to the proposed development or are covered
by other retained conditions. 
10.35 Conclusion
In conclusion, it is considered that the proposed variation to the specified conditions
of planning permission reference do not undermine the original purpose and intent of
said conditions, with each of the proposed variations raising no issues of concern
when assessed against the relevant provisions of the development plan. 
10.36 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 variations to these
conditions can be justified against 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 conditions and a Section
75/96 Legal Agreements 
 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, and the
following conditions. 
01. The development hereby permitted shall be started within three years of the
date of this permission. 
Reason: To comply with section 58 of the Town and Country Planning
(Scotland) Act 1997, as amended. 
02. Unless otherwise directed by conditions attached to this consent, this decision
relates to the Environmental Impact Assessment Report dated May 2024 and
its associated Technical Appendices. 
Reason:  For the avoidance of doubt and to make clear the documentation
upon which the decision is made. 
03. The Council shall be notified in writing by the applicant of the intended date for
the commencement of development on site of the works for which planning
permission has been granted. 
Reason: To enable the Planning Authority to monitor the development and to
ensure that it is carried out in accordance with the terms of this consent. 
04. The Council shall be notified in writing by the applicant on completion of the
works for which planning permission has been granted. 
Reason: To allow inspection of the finished work. 
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05. That all extraction operations on the site shall be discontinued not later than 42
years from the date of commencement (as notified to the Council in respect of
condition 3) 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 satisfactorily restored within an acceptable
timeframe. 
06. That if, due to unforeseen circumstances, it becomes necessary or expedient
following commencement of works to materially amend the provisions
contained within the approved documents or conditions, the developer shall
submit for the consideration of the Council as Planning Authority, an amended
application and statement of intent: the developer shall adhere to the approved
plans until such time as an amended application may be approved by the
Council as Planning Authority. 
Reason: In order that the terms of consent may be reconsidered should a
change in operation become necessary. 
07. That the operator shall at all times abide by the terms of the noise
management programme contained within section 9 and Appendix 6 of the
Environmental Impact Assessment Report dated May 2024, unless otherwise
controlled through conditions of this consent. 
Reason: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
08. That with respect to the control of noise resulting from the operations at this
site the developer shall comply with the following:- 
(a) that between 07.00hrs and 19.00hrs, the nominal noise limit attributable to
site operations at all noise sensitive properties, in the vicinity of the site, shall
not exceed 55 dB(A) LAeq, over any one hour period;
(b) that between 19.00hrs and 07.00hrs the nominal noise limit attributable to
site operations at the noise sensitive properties in the vicinity of the site shall
not exceed 42 dB(A) LAeq, over any one hour period;
(c) Notwithstanding the terms of (b) above, the nominal noise limit attributable
to site operations between 06.30hrs and 07.00hrs at Glenbow Cottage shall
not exceed 45db(A) LAeq, over the 30 minute period. 
Reason: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
09. 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: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
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10. That no blasting shall take place on site outwith the hours of 10.00 hours to
16.00 hours Monday to Friday. 
Reason: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
11. That ground vibration, 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: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
12. That prior to the commencement of development hereby approved, a vibration
monitoring programme shall be submitted for the approval of the Council as
Planning Authority. 
Reason: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
13. That, in the event of dust nuisance problems being created by operations on
site, the operator shall take all reasonable remedial measures to minimise the
transmissions of dust, to the satisfaction of the Council as Planning Authority. 
Reason: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
14. That at all times during operations, 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: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
15. That the operator shall minimise dust emissions from the site by every
practicable means and shall at all times operate the site in full accordance with
the dust monitoring and management plan contained within section 10 of the
Environmental Impact Assessment Report dated May 2024. 
Reason: To minimise any nuisance and to protect the amenity of neighbouring
properties. 
16. Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (Scotland) Order 1992 (or of any order revoking,
amending or re-enacting that Order), no buildings, structures or fixed plant,
including that required for lighting the site shall be erected or installed within
the site, without the prior written approval of the Council as Planning Authority. 
Reason: To ensure control over such development on the site so as to
minimise the potential visual and landscape intrusion. 
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17. The applicant or subsequent operator(s) shall at all times be responsible for
the removal of mud or other materials deposited on the public highway by
vehicles entering or leaving the site, to the satisfaction of the Council and
Planning Authority. 
Reason: In the interests of road safety. 
18. That all laden lorries leaving the site shall be sheeted before entering the
public highway. 
Reason: In the interests of road safety. 
19. All loaded vehicles must use the wheel and body wash prior to exiting the site. 
Reason: To minimise the chance of any debris from the site being carried onto
the public highway; in the interests of road safety. 
20. All vehicles entering or leaving the site shall use the access road to and from
the A73. No vehicles are permitted to use any other form 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 safety and to protect the amenity of the
surrounding area. 
21. The access road shall be maintained in such a condition as to prevent ruts,
potholes and ponding of water and shall be kept clear of mud and dirt at all
times, to the satisfaction of the Council as Planning Authority. 
Reason: To minimise the chance of any debris from the site being carried onto
the public highway; in the interests of road safety. 
22. 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.  The applicant shall give at least 7 days’ notice to the Council as
Planning Authority prior to the commencement of any period of soil movements
and the Council as Planning Authority reserves the right to suspend operations
during adverse weather conditions or to impose such conditions as it sees fit
for the safekeeping of the topsoil. 
Reason: To preserve the quality of the soils. 
23. 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 possible, the crossing of
undisturbed, reclaimed or restored land. 
Reason: To avoid any unnecessary incursion onto parts of the site which are
undisturbed or have been restored; in the interests of the general amenity of
the site. 
24. 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.
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25. 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.   
26. That unless otherwise approved in writing by the Council as Planning Authority,
or through other provisions of this consent, at the completion of final restoration
the remaining access roads and hardstandings are to be removed and the
ground restored in accordance with the approved scheme. 
Reason: To ensure the satisfactory restoration of the site. 
27. That within one year of the date of commencement (and on that date each year
thereafter), the operator shall submit to the Council as Planning Authority, an
annual progress plan detailing:- 
* The extent of extraction operations undertaken that year; 
* Areas prepared for extraction; 
* The extent of backfilling or restoration operations carried out; 
* The extent of landscaping, nature conservation and agricultural works 
that have been implemented; 
* Recent site survey;           
* Current and anticipated production figures; 
* Remaining reserves; 
* Compliance with statutory permissions; 
* Site complaint logs and actions taken. 
Reason: To ensure that 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 production. 
28. That, in the event of extraction operations on site ceasing for a period of 12
months or more, the Council as Planning Authority shall deem operations on
site to have permanently ceased and shall require immediate implementation
of the approved restoration scheme, unless otherwise agreed in writing with
the Council as Planning Authority. 
Reason: To ensure that 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 production. 
29. 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
necessary for asphalt and concrete production. 
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Reason: For the avoidance of any doubt over what is approved. 
30. That where the outer operational boundary does not coincide with an existing
suitable stockproof fence the operator shall provide and erect a stockproof
fence, to the satisfaction of the Council as Planning Authority, prior to the
commencement of work on the site. The fencing shall thereafter be maintained
in good condition until final restoration is completed. 
Reason: To ensure site safety and maintenance of boundary security.  
31. The soil stripping for the approved access road will take place outside the bird
breeding season (March to August inclusive), unless a survey to establish the
presence or otherwise of nesting birds has been undertaken and, where
required, appropriate mitigating measures have been carried out to the
satisfaction of the Planning Authority. 
Reason: To ensure that provision is made to safeguard the ecological interest
on the site. 
32. All containers being used to store liquids (which have the potential to cause
pollution) within the application site shall be labelled clearly to show their
contents and located in a bund which shall be at least 110% of the capacity of
the largest container stored within it. 
Bunds shall conform to the following standards:- 
*  The walls and base of the bund 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 10 metres of a watercourse;
* Any accumulation of any matter within the bund shall be removed as
necessary to maintain its effectiveness. 
Reason: To ensure the safekeeping of such liquids. 
12. Reason for Decision
12.1 The proposals to vary the conditions attached to planning permission reference
CL/09/0086 are considered acceptable, subject to the imposition of the previous suite
of conditions which, as noted above, have been updated to delete those conditions
that are no longer of relevance or are covered by other retained conditions, and that
subject to this revised set of conditions the proposals accord with policies 23 and 33
of the National Planning Framework 4, and with policies 1, 2, 4, 5, 14, 15, 16, 19,
MIN1, MIN2, MIN3, MIN5 and MIN6 of the adopted South Lanarkshire Local
Development Plan 2.   
David Booth
Executive Director (Community and Enterprise Resources) 
Date:  8 September 2025 
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Background Papers
Further information relating to the application can be found online:- 
P/24/0683|Section 42 application to delete condition 29 and to vary conditions 02, 05, 08, 19 and 34
attached to Planning Permission CL/09/0086 for extension to quarry, creation of new access,
continued operation of asphalt and concrete plants and final restoration of the site. 
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:-
Email:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/0684
Proposal:  Section 42 Application to Vary Conditions 1, 2, 3, 8, 19, 22 and 36 of
Planning Permission CL/14/0140 for Extension to the Hard Rock
Quarry
Site Address:  Cloburn Quarry, Thankerton, Lanark, ML11 8SR
Applicant:  Cloburn Quarry Company Limited
Agent:  Dalgleish Associates – Willie Booth
Ward:  03 – Clydesdale East
Application Type:  Modification, Variation or Removal of Planning Condition
Advert:  Lanark Gazette, 25 June 2024
EIA advert: Edinburgh Gazette, 25 June 2024
Development Plan
Compliance: 
Yes 
Departures:  Not applicable
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. 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 
No 
6
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1. Reason for Report
1.1 The application is required to be determined by the Planning Committee as it relates
to a previously approved major planning application. 
2. Site Description
2.1 The application site relates to an area of land lying within the boundaries of the current
operational area associated with Cloburn Quarry. 
2.2 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. 
2.3 The closest residential properties to the existing quarry lie within the southernmost
part of Pettinain, some 500m to the north and those properties on Glentisset Road,
sitting between 450m and 550m to the northwest side of the site. 
2.4 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 The application is made under the terms of Section 42 of the Town and Country
Planning (Scotland) Act 1997 (as amended) and is an application for planning
permission for the development of land but without compliance with a condition or
conditions attached to a previous planning permission. 
3.2 The application seeks to vary conditions 1, 2, 3, 8, 19, 22 and 36 as attached to
planning permission CL/14/0140 (noting that the request to delete condition 28 of this
planning permission has been deleted from the scope of this current planning
application). 
3.3 The need for these proposed variations to the extant planning conditions arises from
the granting of planning permission in respect of planning application reference
P/24/0681, which relates to full planning permission for an extension to the operational
extent of the quarry and an extension to the time period covered by the existing
permission for the operation of the quarry. This application was granted by the
Council’s Planning Committee at its meeting on 19 August 2025. 
3.4 The purpose of the proposed variations to the conditions is to allow all of the planning
permissions which relate to the operation of the site to have common end date and to
allow also reference to be made to consequential changes to the details of the
approved drawings and documents which relate to the planning permission. 
3.5 The proposed changes to these conditions are detailed below. 
3.6 Condition 1 states that:- 
This decision relates to the development described and assessed within the following
documents; 
Cloburn Quarry Co. Ltd – Planning And Environmental Statement (including
appendices) – Proposed Swaites Hill Extension to Cloburn Quarry, dated 10 March
2014 
Non-Technical Summary – Proposed Swaites Hill Extension to Cloburn Quarry dated
March 2014.  
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All mitigation measures and recommendations set out within the documents listed
above shall be fully implemented, unless otherwise agreed in writing within the council
as Planning Authority. 
3.7 As part of the proposed extension to Cloburn Quarry (to which planning permission
reference P/24/0681 relates) updated figures which cover the full site area, extension
and existing operational areas have been prepared and accompany the Environmental
Impact Assessment Report (EIAR) dated May 2024. 
3.8 Updated Assessments for Ecology (EIAR Appendix 5), Noise (EIAR Appendix 6),
Blasting (EIAR Appendix 7) and Archaeology (EIAR Appendix 8) have been prepared. 
3.9 It is proposed that Condition 1 is varied to refer to the revised figures and those studies
noted above. 
3.10 Condition 2 states:- 
That except as may otherwise be agreed in writing by the Council as Planning
Authority, the development hereby approved shall be implemented in accordance with
drawings; 
Figure 1.1 General Location Plan 
Figure 1.2 Site Location Plan 
Figure 2.1 Existing Topography Plan 
Figure 2.2 Services Plan 
Figure 2.3 Geological Interpretation Plan 
Figure 3.1 Quarry Development Plan – Phase 1 
Figure 3.2 Quarry Development Plan – Phase 2 
Figure 3.3 Quarry Development Plan – Phase 3 
Figure 3.4 Quarry Development Plan – Phase 4 
Figure 3.5 Quarry Development Plan – Phase 5 
Figure 3.6 Cross Section 
Figure 3.7 Indicative Restoration Plan Figure 
7.2 Proposed Hydrology – Phase 5 
Figure 10.1 Background monitoring and potential noise sensitive locations
Figure 11.1 Potential dust sensitive locations 
Figure 12.1 Potential blast sensitive locations 
3.11 As part of the proposed extension to Cloburn Quarry (to which planning permission
reference P/24/0681 relates) updated figures which cover the full site area, extension
and existing operational areas have been prepared and accompany the EIAR dated
May 2024. 
3.12 It is proposed that Condition 2 is varied to refer to the revised figures and those studies
noted above. 
3.13 Condition 3 states:- 
That all extraction operations on the site shall be discontinued not later than 15 years
from the date of commencement 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 (as required by condition 6) to the satisfaction of the Council as
Planning Authority.  
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3.14 To align with the timescales approved under planning permission reference
P/24/0681, it is proposed that this condition be varied to read as follows:- 
That all extraction operations on the site shall be discontinued not later than 42 years
from the date of commencement 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 (as required by condition 6) to the satisfaction of the Council as
Planning Authority. 
3.15 Condition 8 states that:- 
The aftercare of the site shall be undertaken in accordance to the approved aftercare
scheme, unless otherwise approved in writing by the Council as Planning Authority.
That no development hereby approved shall commence until a guarantee to cover all
site restoration and aftercare Liabilities imposed on the expiry of this consent has been
submitted to and approved in writing by the Council as Planning Authority. Such
guarantee must, unless otherwise agreed in writing by the Council as Planning
Authority; 
i. be granted in favour of the Council as Planning Authority;
ii. be granted by a bank or other institution which is of sound financial standing and
capable of fulfilling the obligations under the guarantee; 
iii. be for a specified amount which covers the value of all site restoration and
aftercare·liabilities as agreed between the operator and the Council as planning
authority at the commencement of development; 
iv. either contain indexation provisions so that the specified amount of the guarantee
shall be increased on each anniversary of the date of this consent by the same
percentage increase in the General Index of Retail Prices (All Items) exclusive of
mortgage interest published by or on behalf of HM Government between the date
hereof and such relevant anniversary or be reviewable to ensure that the
specified amount of the guarantee always covers the value of the site restoration
and aftercare liabilities; 
v. come into effect on or before the date of commencement of development, and
expire no earlier than 12 months after the end of the aftercare period. 
No work shall begin at the site until (1) written approval of the Council as Planning
Authority has been given to the terms of such guarantee and (2) thereafter the validly
executed guarantee has been delivered to the Council as Planning Authority. 
In the event that the guarantee becomes invalid for any reason, all operations hereby
approved shall cease and no operations will be carried out on site until a replacement
guarantee completed in accordance with the terms of this condition is lodged with the
Council as Planning Authority. 
In the event the value of the guarantee held by the Council is less than the calculated
site restoration and aftercare liabilities (calculated through condition 30 below), the
operator shall, within four months of the submission of the annual progress plan
required through condition 30, deliver a further guarantee to cover all site restoration
and aftercare liabilities. Such guarantee must, unless otherwise agreed in writing by
the Council as Planning Authority, comply with parts i to v, above. If this further
guarantee is not submitted within four months of the submission of the annual progress
plan required through condition 30, all extraction operations shall cease until the
Council as Planning Authority confirms, in writing, receipt of an acceptable guarantee.  
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3.16 The three Section 42 applications and main extension application are linked and, in
this respect, it is anticipated that a single restoration guarantee will be required to cover
the whole site and it is likely that the guarantee will be secured through a Section 75
Agreement, as is currently the case for the main quarry area. 
3.17 This being the case then Condition 8 would no longer be required and that, as such, it
is proposed that it be deleted. 
3.18 Condition 19 states:- 
That the operator shall minimise dust emissions from the site by every practicable
means and shall at all times operate the site in full accordance with the dust monitoring
and management plan contained within section 11 of the Planning and Environmental
Statement for the Proposed Extension of Cloburn Quarry, dated February 2009. 
3.20 An EIAR has been prepared in relation to the proposed extension and changes to
operations, which includes a further Air Quality Assessment provided as EIAR Section
10.  Condition 19 should be updated to make reference to the updated EIAR dated
May 2024. 
3.21 Condition 22 states:- 
That if the quarrying operation results in mud or other material being deposited onto
the public highway, the Council reserves the right to request the installation of a wheel
wash facility. Where such a request is made by the Council, the applicant or operator
shall submit details of the facility and installation timescales to be approved in writing
by the Council as Planning Authority. 
3.22 A wheel and body wash has already been installed at Cloburn Quarry and accordingly,
it is proposed that Condition 22 is varied to read:- 
“All loaded vehicles must use the wheel and body wash prior to exiting the site”. 
3.23 Condition 36 states:- 
That, as soon as practicable following the completion of extraction operations within
each phase as illustrated on drawings; 
Figure 3.1 - Quarry Development Plan - Phase 1 
Figure 3.2 - Quarry Development Plan - Phase 2 
Figure 3.3 - Quarry Development Plan - Phase 3 
Figure 3.4 - Quarry Development Plan - Phase 4 
Figure 3.5- Quarry Development Plan - Phase 5 
or such other phasing plan as may be subsequently approved in writing by the Council
as Planning Authority, the operator shall give notice to the Council as Planning
Authority of the completion of that phase. 
3.24 As part of the proposed extension to Cloburn Quarry, updated figures which cover the
full site area, extension and existing operational areas have been prepared and
accompany the EIAR dated May 2024. Condition 36 should be updated to refer to the
revised figures.  
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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 when 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 permission reference CL/14/0140 (the Swaites Hill extension and subject of
this application) was granted planning permission 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 permission reference Cl/16/0175 was issued by the Council on 1 July 2016
and relates to a retrospective application for and extension to the “dust storage area”. 
5. Supporting Information 
5.1 The planning application is supported by the following reports/documents:- 
 Environmental Impact Assessment Report
 Planning Statement 
6. Consultations
6.1 Roads Development Management Team
No objection to the proposed development.
Response: Noted. 
6.2 Environmental Services
No objection to the proposed development.
Response: Noted. 
6.3 Scottish Forestry
No objection to the proposed development.
Response: Noted 
6.4 West of Scotland Archaeological Service
No objection to the proposed development subject to the retention of Condition 28.
Response: The need to retain Condition 28 has been discussed with the applicant
and it has been agreed that the request to delete this condition be removed from the
scope of the proposed development and that as such this condition will be retained as
part of the conditions to which this development will be subject. 
6.5 Historic Environment Scotland
Have advised that they have no specific comments to make in respect of the proposed
development.
Response: Noted. 
6.6 SEPA
Requested clarification on the potential impact of the proposed development upon a
single identified private water supply, pending which they noted a Holding Objection.
Response: The applicant has provided the information requested by SEPA and this
matter has now been satisfactorily addressed. 
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6.7 NatureScot
Have advised that they have no specific comments to make on the proposed
development.
Response: Noted. 
6.8 Pettinain Community Council
Object to the application based on; lack of consultation between the developer and the
local community; failure in the way that contributions are distributed; and, long term
unsustainable nature of the proposed development.
Response: Noted. 
7. Representations
7.1 Following the statutory period of neighbour notification and advertisement, a total of
49 letters objecting to the proposed development have been received. 
7.2 The issues raised within the submitted letters of objection are as follows:- 
 loss of visual amenity
 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
 adverse impacts upon local road network 
7.3 The terms of these letters of objection are considered within the assessment section
of this report. 
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 crisis
 Policy 2 – Climate mitigation and adaptation
 Policy 3 – Biodiversity
 Policy 4 – Natural places
 Policy 5 – Soils
 Policy 29 – Rural development
 Policy 33 – Minerals 
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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
 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. 
9.2. Planning Circular 4/1998 – Use of Conditions states that, in relation to Section 42
applications, the planning authority can refuse the application if they decide the original
conditions should continue. In all cases conditions should meet 6 tests ie they should
be:- 
 Necessary
 Relevant to planning
 Relevant to the development to be permitted
 Enforceable
 Precise
 Reasonable in all other aspects 
10. Assessment and Discussion
10.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997,
all applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 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 relevant
material planning considerations. 
10.2 In this case, the application is made under Section 42 of the Town and Country
Planning (Scotland) Act 1997 to vary conditions attached to an existing extant/live
planning permission which covers the quarrying operations at the site. Accordingly,
there is no opportunity for the Planning Authority to revisit the principle of the
development, or any facets of the original planning permission. 
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10.3 Therefore, in this instance, the assessment of the proposals relate solely to the
consideration of whether the impact of the proposed variations to the extant planning
conditions can be reasonably justified or alternatively, whether the proposed variations
would undermine the integrity of the extant planning permission. 
10.4 The current operations at Cloburn Quarry are permitted and controlled by several
different planning permissions. 
10.5 The main quarry operations are controlled 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. 
10.6 Planning permission reference CL/14/0140 (the Swaites Hill extension) was granted
planning permission 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. 
10.7 Planning permission reference Cl/16/0175 was issued by the Council on 1 July 2016
and relates to a retrospective application for and extension to the “dust storage area”. 
10.8 Planning permission reference P/24/0681 allows for an extension to the current quarry
and for an associated extension to the period covered by the overall quarrying
operations for a further period of 42 years. 
10.9 As a consequence of this, this application seeks simply to reconcile the conditions
attached to planning permission reference CL/14/0140 with those that are in place 
under planning permission reference P/24/0681, in terms of the referencing to
approved drawings and other operational matters and also the time period allowed for
in terms of the quarrying operations and subsequent restorations works. 
10.10 Looking at the variations that are proposed to the conditions specified under this
application, the following considerations are noted. 
10.11 Condition 1 of planning permission P/14/0140 advises that the planning permission
relates to the Planning and Environmental Statement dated February 2009, which
includes those drawings specified. 
10.12 As part of the proposed extension to Cloburn Quarry (to which planning permission
reference P/24/0681 relates) updated figures which cover the full site area, extension
and existing operational areas have been prepared and accompany the Environmental
Impact Assessment Report (EIAR) dated May 2024. This EIAR is also submitted in
support of this application. 
10.13 Updated Assessments for Ecology (EIAR Appendix 5), Noise (EIAR Appendix 6),
Blasting (EIAR Appendix 7) and Archaeology (EIAR Appendix 8) have also been
prepared. 
10.14 The proposed variation to Condition 1 seeks simply to ensure that appropriate
reference is made to the EIAR (May 2024) and its associated appendices, these
documents representing the most up to date approved details relating to the operation
of the wider site.  
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10.15 This variation raises no issues of conflict with the provisions of the development plan
and will ensure that the ongoing operation of the site (as originally provided for under
planning permission reference CL/14/0140) can be properly controlled. 
10.16 Condition 2 of planning permission reference CL/14/0140 provides a list of those
drawings to which the approved development is subject. These drawings have been
revised and updated as part of the submission made in relation to planning application
reference P/24/0681 (which also provides a new EIAR, dated May 2024). The
proposed variation to Condition 2 seeks simply to ensure that appropriate reference is
made to these updated drawings. 
10.17 This variation raises no issues of conflict with the provisions of the development plan
and will ensure that the ongoing operation of the site (as originally provided for under
the terms of planning permission reference CL/14/0140) can be properly controlled. 
10.16 Condition 3 of planning permission CL/14/0140 requires that all extraction operations
on the site be discontinued not later than 15 years from the date of commencement
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. 
10.17 Under the terms of planning permission reference P/24/0681, it is proposed that in
association with the extension of the quarry area, the operational lifespan of the quarry
be extended by a further 42 years from the date of commencement of the extension
(with a further period of 2 years to cover the restoration of the site). 
10.18 The proposed variation to Condition 3 seeks simply to align the end date/restoration
date of the quarry operations as approved under planning permission CL/14/0140 with
that arising because of planning permission reference P/24/0861. This variation raises
no issues of conflict with the provisions of the development plan and will allow all the
permissions which govern and control the operation of the site to have a common end
date. 
10.19 Condition 8 of planning permission reference CL/14/0140 requires that a restoration
bond be entered into before the development of the site commences. The required
bond has been put into place, and the development has commenced. Moving forward,
a new restoration bond covering the entirety of the operations at Cloburn Quarry will
be entered into as part of the development proposed under planning permission
reference P/24/0681 and, as such, there is no need for the continuation of individual
bonds for constituent parts of the overall operation. 
10.20 Accordingly, the proposed deletion of this condition will not remove the ability for the
Council to enter into a suitable bond to guarantee the restoration of the site of this
ongoing development site, with it being further noted that this variation raises no issues
of conflict with the provisions of the development plan. 
10.21 Condition 19 of planning permission reference CL/09/0086 provides the means of
controlling dust emissions associated with operation of the site and, in so doing, refers
to the dust monitoring and management plan within Section 11 of the Planning and
Environmental Statement dated February 2009. The terms of this Planning and
Environmental Statement have been superseded by the terms of the EIAR (May 2024)
which has been submitted in support of this application and the proposed variation to
Condition 19 seeks simply to refer to the EIAR, dated May 2024, rather than the earlier
Planning and Environmental Statement.  
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10.22 This variation is considered to raise no issues of conflict with the provisions of the
development plan and will allow the control over the any dust generated by the
operation of the site to be governed by the most up to date information. 
10.23 Condition 22 of planning permission reference CL/14/0140 reserved the right for the
Council to request the installation of a wheel wash facility at the quarry. Such a request
has been made by the Council and the wheel washing facility has been installed and
is operational. 
10.24 The proposed change to Condition 22 seeks simply to reflect this and provide for the
requirement that all loaded vehicles leaving the site must use the wheel and body
wash prior to exiting the site. 
10.25 This variation raises no issues of conflict with the provisions of the development plan
and will allow for control to be exercised over the use of the previously installed wheel
wash. 
10.26 Condition 36 of planning permission reference CL/14/0140 relates to the phasing of
the proposed development. Under the terms of planning permission reference
P/24/0681, updated phasing information has been provided within the EIAR, dated
May 2024, and the proposed variation to this condition seeks simply to make reference
to this updated information. 
10.27 This variation is considered to raise no issues of conflict with the provisions of the
development plan and will allow the control over the phasing of the operation of the
site to be governed by the most up to date information. 
10.28 As is noted above, the nature of Section 42 applications is such that they do not
present the opportunity for the Planning Authority to revisit the principle of the
development, or any facets of the original planning permission and that, as such, the
assessment of the proposals relate solely to the consideration of the impact of the
proposed variations to the extant planning conditions and whether they can be
reasonably justified or whether the proposed variations would undermine the integrity
of the extant planning permission. 
10.29 The matters put forward by those parties who have objected to the application raise a
number of issues which relate to the principle of the development which, for the
reasons set out above, cannot be considered as part of the assessment of this
application, the assessment of which must consider only the implications of the
proposed variations to the conditions in question. 
10.30 Those objections which have been raised in relation to the potential noise and dust
related impacts are covered by the proposed variations and, as such, can legitimately
be considered as part of the assessment process. 
10.31 Whilst variations to these conditions are sought, the nature of the variations is such
that they seek simply to allow reference to be made to the most up to date information
covering these matters, as is set out within the EIAR (May 2024) which is submitted in
support of the application, and do not alter the substance or purpose of the original
conditions as attached to planning permission reference CL/14/0140. 
10.32 In addition to the various changes/amendments proposed by the applicant, the
opportunity has also been taken to review the full suite of conditions, with a view to
deleting those that are no longer relevant to the proposed development or are covered
by other retained conditions.  
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10.33 Conclusion
In conclusion, it is considered that the proposed variation to the specified conditions
of planning permission reference do not undermine the original purpose and intent of
said conditions, with each of the proposed variations raising no issues of concern
when assessed against the relevant provisions of the development plan. 
10.34 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 variations to these
conditions can be justified against 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 conditions and Section
75/96 Legal Agreements 
 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, and the
following conditions. 
01. The development hereby permitted shall be started within three years of
the date of this permission. 
Reason: To comply with section 58 of the Town and Country Planning
(Scotland) Act 1997, as amended. 
02. Unless otherwise directed by conditions attached to this consent, this
decision relates to the Environmental Impact Assessment Report dated May
2024 and its associated Technical Appendices. 
Reason:  For the avoidance of doubt and to make clear the documentation
upon which the decision is made. 
03. That all extraction operations on the site shall be discontinued not later than
42 years from the date of commencement 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 (as required by condition
6) to the satisfaction of the Council as Planning Authority. 
Reason: To secure the satisfactory reinstatement of the site. 
04. Notwithstanding the terms of Condition 3 above, that in the event of
extraction operations on site ceasing for a period of 12 months or more, the
Planning Authority shall deem site operations to have ceased permanently,
and the areas so occupied shall be restored within a period of 24 months in
accordance with the approved restoration plan (as required by condition 6),
or such other restoration plan subsequently approved in writing, to the
satisfaction of the Planning Authority. 
Reason: To ensure that the Council as Planning Authority retains effective
control of the development.  
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05. That within 28 days of the date of commencement of development, the
operator shall confirm in writing to the Council as Planning Authority the date
of commencement of development. 
Reason: To ensure that the Council as Planning Authority retains effective
control of the development. 
06. That no development hereby approved shall commence until a detailed
restoration plan for the entire site has been submitted and approved in
writing by the Council as Planning Authority. The scheme shall include
detailed information on landform levels, drainage, soil coverage, surface
treatment, final boundaries and the phased restoration of the site. 
There shall be no deviation from the approved restoration plan, including
the timescales stated therein, unless otherwise approved in writing by the
Council as Planning Authority. 
All restorative works shall be undertaken in accordance with the details and
timescales stipulated within the approved restoration plan, to the
satisfaction of the Council as Planning Authority. 
Reason: These details were not submitted at the time of the application and
are required. To ensure the application site is satisfactorily restored in a
phased manner. 
07. That no development hereby approved shall commence until a detailed
aftercare scheme for the entire site has been submitted and approved in
writing by the Council as Planning Authority. The aftercare scheme shall
specify the steps to be taken, the period during which they are to be taken,
and who will be responsible for taking those steps to bring the land to the
required standard. 
The aftercare of the site shall be undertaken in accordance to the
approved aftercare scheme, unless otherwise approved in writing by the
Council as Planning Authority. 
Reason: To ensure that the application site is satisfactorily restored in a
phased manner. 
08. That with respect to the control of noise resulting from the operations at
this site the developer shall comply with the following:- 
(a) that between 07.00hrs and 19.00hrs, the nominal noise limit
attributable to site operations at all noise sensitive properties, in the
vicinity of the site, shall not exceed 55 dB(A) LAeq, over any one hour
period;
(b) that between 19.00hrs and 07.00hrs the nominal noise limit
attributable to site operations at the noise sensitive properties in the
vicinity of the site shall not exceed 42 dB(A) LAeq, over any one hour
period;
(c) Notwithstanding the terms of (b) above, the nominal noise limit
attributable to site operations between 06.30hrs and 07.00hrs at
Glenbow Cottage shall not exceed 45db(A) LAeq, over the 30 minute
period. 
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Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
09. 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: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
10. That no blasting shall take place on site out with the hours of 10.00 hours
to 16.00 hours Monday to Friday. 
Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
11. That no development shall commence until the operator has submitted
and received written approval, from the Council as Planning Authority, of
a detailed scheme for vibration and air overpressure monitoring and
mitigation and thereafter shall abide by the terms of the approved
programme 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 
Reason: To allow the Council as Planning Authority to consider these
matters in detail. 
12. That ground vibration, 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: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
13. That, in the event of dust nuisance problems being created by operations
on site, the operator shall take all reasonable remedial measures to
minimise the transmissions of dust, to the satisfaction of the Council as
Planning Authority. 
Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
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14. 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: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
15. That the operator shall minimise dust emissions from the site by every
practicable means and shall at all times operate the site in full accordance
with the dust monitoring and management plan contained within the
Environmental Impact Assessment Report, dated May 2024. 
Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
16. The applicant or subsequent operator(s) shall at all times be responsible
for the removal of mud or other materials deposited on the public highway
by vehicles entering or leaving the site, to the satisfaction of the Council
as Planning Authority. 
Reason: In the interests of road traffic safety. 
17. That all laden lorries leaving the site shall be sheeted before entering the
public road. 
Reason: In the interests of road traffic safety. 
18. All loaded vehicles must use the wheel and body wash prior to exiting
the site. 
Reason: To minimise the chance of any debris from the site being
carried onto the public highway, in the interests of road safety. 
19. All vehicles entering or leaving the site shall use the access road to and
from the A73. No vehicles are permitted to use any other form 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. 
20. The access road shall be maintained in such a condition as to prevent
ruts, potholes and ponding of water and shall be kept clear of mud and
dirt at all times to the satisfaction of the Council as Planning Authority. 
Reason: In the interests of road traffic safety. 
21. 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. The applicant shall give at least 7 days notice to the
Council as Planning Authority prior to the commencement of any period of
soil movements and the Council as Planning Authority reserves the right
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to suspend operations during adverse weather conditions or to impose
such conditions as it sees fit for the safekeeping of the topsoil. 
Reason: To preserve the quality of the soils. 
22. 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 possible, the crossing
of undisturbed, reclaimed or restored land. 
Reason: To avoid any unnecessary incursion onto parts of the site which
are undisturbed or have been restored; in the interests of the general
amenity of the site. 
23. No operations involving soil lifting/replacement shall take place between
the months of October to March inclusive except with the prior approval
of the Council as Planning Authority. 
Reason: To preserve the quality of the soils. 
24. 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. 
25. That, unless otherwise agreed in writing by the Council as Planning
Authority, on the 31st March following the date of initiation of development
hereby approved (and on that date each year thereafter until the site is
fully restored), the operator shall submit to the Council as Planning
Authority, an annual progress plan detailing:- 
• The extent of extraction operations undertaken that year;
• Areas prepared for extraction;
• The extent of backfilling or restoration operations carried out;
• The extent of landscaping, nature conservation and agricultural
works that have been implemented;
• Recent site survey;
• Current and anticipated production figures;
• Remaining reserves;
• Compliance with statutory permissions;
• A calculation of the costs of restoring the area of the site disturbed
by the development; 
• Site complaint logs and actions taken.  
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Reason: To enable the Council as Planning Authority to monitor the
development and to ensure it is carried out in accordance with the terms
of this consent. 
26. That all soil storage mounds (temporary and permanent) shall be
constructed with only the minimum amount of compaction necessary to
ensure stability and shall not be traversed by heavy vehicles or machinery
except during stacking and removal for re-spreading during site
restoration. They shall be graded and seeded with a suitable low
maintenance grass seed mixture immediately following their formation.
The sward shall be managed in accordance with the appropriate
agricultural management techniques throughout the period of storage. 
Reason: To preserve the quality of the soils, and in the interests of the
visual appearance of the site. 
27. That where the outer operational boundary does not coincide with an
existing suitable stockproof fence the operator shall provide and erect a
stockproof fence, to the satisfaction of the Council as Planning Authority,
prior to the commencement of work on the site. The fencing shall
thereafter be maintained in good condition until final restoration is
completed. 
Reason: To ensure site safety and maintenance of boundary security. 
28. That, within three months of completion of restoration works on site, a final
topographical plan of the restored site shall be submitted to the Council as
Planning Authority. 
Reason: To enable the Council as Planning Authority to monitor the
development and to ensure that it is carried out in accordance with the
terms of this consent. 
12. Reason for Decision
12.1 The proposals to vary the conditions attached to planning permission reference
CL/14/0140 are considered acceptable, subject to the imposition of the previous suite
of conditions and accord with policies 23 and 33 of the National Planning Framework
4, and with policies 1, 2, 4, 5, 14, 15, 16, 19, MIN1, MIN2, MIN3, MIN5 and MIN6 of
the adopted South Lanarkshire Local Development Plan 2.   
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 8 September 2025 
Background Papers
Further information relating to the application can be found online:- 
P/24/0684|Section 42 application to delete condition 08 and to vary conditions 01, 02, 03, 19, 22, 28
and 36 attached to Planning Permission CL/14/0140 for extension to hard rock quarry.  
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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:-
Email:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/0685
Proposal:  Section 42 Application to Vary Conditions 1, 3, 8 and 11 of Planning
Permission CL/16/0175 for an Extension to the Dust Storage Area 
Site Address:  Cloburn Quarry, Thankerton, Lanark, ML11 8SR
Applicant:  Cloburn Quarry Company Limited
Agent:  Dalgleish Associates – Willie Booth
Ward:  03 – Clydesdale East
Application Type:  Modification, Variation or Removal of Planning Condition
Advert:  Lanark Gazette, 10 July 2024
EIA advert: Edinburgh Gazette, 12 July 2024
Development Plan
Compliance: 
Yes 
Departures:  Not applicable
Recommendation:  Grant subject to Conditions and Section 75 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. A guarantee to cover all site restoration and aftercare liabilities 
The applicant will be responsible for meeting the Council’s reasonably
incurred legal expenses in respect of the legal agreements. 
Direction to
Scottish Ministers 
No 
7
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1. Reason for Report
1.1 The application is required to be determined by the Planning Committee as it relates
to a previously approved major planning application. 
2. Site Description
2.1 The application site relates to an area of land lying within the boundaries of the current
operational area associated with Cloburn Quarry. 
2.2 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. 
2.3 The closest residential properties to the existing quarry lie within the southernmost
part of Pettinain, some 500m to the north and those properties on Glentisset Road,
sitting between 450m and 550m to the northwest side of the site. 
2.4 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 The application is made under the terms of Section 42 of the Town and Country
Planning (Scotland) Act 1997 (as amended) and is an application for planning
permission for the development of land but without compliance with a condition or
conditions attached to a previous planning permission. 
3.2 The application seeks to vary conditions 1, 3, 8 and 11 as attached to planning
permission CL/16/0175. 
3.3 The need for these proposed variations to the extant planning conditions arises from
the grant of planning application reference P/24/0681, which sought full planning
permission for an extension to the operational extent of the quarry and an extension
to the time period covered by the existing permission for the operation of the quarry.
This application was granted by the Council’s Planning Committee at its meeting on
19 August 2025. 
3.4 The purpose of the proposed variations to the conditions is to allow all of the planning
permissions which relate to the operations of the site to be phrased in common terms
and also to allow the deletion of those conditions which are no longer necessary in the
light of the matters covered by planning permission reference P/24/0681. 
3.5 The proposed changes to these conditions are detailed below. 
3.6 Condition 1 states:- 
That within 6 months of the date of this permission a guarantee to cover all site
restoration and aftercare liabilities imposed on the expiry of this consent be submitted
to and approved in writing by the Council as Planning Authority. Such guarantee must,
unless otherwise agreed in writing by the Council as Planning Authority; 
i. be granted in favour of the Council as Planning Authority; 
ii. be granted by a bank or other institution which is of sound financial standing
and capable of fulfilling the obligations under the guarantee; 
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iii. be for a specified amount which covers the value of all site restoration and
aftercare liabilities as agreed between the operator and the Council as planning
authority at the commencement of development;
iv. either contain indexation provisions so that the specified amount of the
guarantee shall be increased on each anniversary of the date of this consent
by the same percentage increase in the General Index of Retail Prices (All
Items) exclusive of mortgage interest published by or on behalf of HM
Government between the date hereof and such relevant anniversary or be
reviewable to ensure that the specified amount of the guarantee always covers
the value of the site restoration and aftercare liabilities; 
v. come into effect on or before the date of commencement of development, and
expire no earlier than 12 months after the end of the aftercare period. 
No work shall begin at the site until (1) written approval of the Council as Planning
Authority has been given to the terms of such guarantee and (2) thereafter the validly
executed guarantee has been delivered to the Council as Planning Authority 
In the event that the guarantee becomes invalid for any reason, all operations hereby
approved shall cease and no operations will be carried out on site until a replacement
guarantee completed in accordance with the terms of this condition is lodged with the
Council as Planning Authority. 
3.7 The three Section 42 applications and main extension application are linked and, in
this respect, it is anticipated that a single restoration guarantee will be required to cover
the whole site which will be secured through a Section 75 Agreement, as is currently
the case for the main quarry area. 
3.8 This being the case then Condition 1 would no longer be required and, as such, it is
proposed that it be deleted. 
3.9 Condition 3 states:- 
That the operator shall minimise dust emissions from the site by every practical
means, and shall at all times operate the site in full accordance with the dust
monitoring and management plan contained within Section 11 of the Planning and
Environmental Statement for the Proposed Extension of the Cloburn Quarry, dated,
February 2009 as approved under Planning Permissions Ref: CL/14/0140. 
3.10 An EIAR has been prepared in relation to the proposed extension and changes to
operations, which includes a further Air Quality Assessment provided as EIAR Section
10.  Condition 3 should be updated to make reference to the updated EIAR dated May
2024. 
3.11 Condition 8 states:- 
That the Sand Martin Protection Plan approved under condition 40 of Planning
Permission Ref: CL/09/0086 will also be implemented within the application site as
approved and carried out for the lifetime of the site. 
3.12 The proposal relates to the early reinstatement of the southern edge of the dust
storage area, which will reduce any existing impact on the setting of the Scheduled
Monuments located to the south-south-east of the site. In this respect, whilst the
overall proposal does make provision for Sand Martins within the wider development
area the reinstated strip on the southern boundary would not offer viable habitat.
Accordingly, it is proposed that Condition 8 is deleted. 
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3.13 Condition 11 states:- 
That within 6 months of the date of this permission, a restoration plan and strategy
shall be submitted for the written approval of South Lanarkshire Council, as Planning
Authority. Following cessation of dust storage the restoration plan and strategy as
approved shall be implemented in full. 
3.14 The EIAR dated May 2024 provides detailed restoration and aftercare proposals
(Section 4) for the whole development area. Accordingly, it is proposed that Condition
11 be varied to require reinstatement in accordance with the details set out in Section
4 of the EIAR dated May 2024 
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 when 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 permission reference CL/14/0140 (the Swaites Hill extension and subject of
this application) was granted planning permission 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 permission reference Cl/16/0175 was issued by the Council on 1 July 2016
and relates to a retrospective application for and extension to the “dust storage area”. 
5. Supporting Information 
5.1 The planning application is supported by the following reports/documents:- 
 Environmental Impact Assessment Report
 Planning Statement 
6. Consultations
6.1 Roads Development Management Team
No objection to the proposed development.
Response: Noted. 
6.2 Environmental Services
No objection to the proposed development.
Response: Noted. 
6.3 Scottish Forestry
No objection to the proposed development.
Response: Noted 
6.4 West of Scotland Archaeological Service
No objection to the proposed development.
Response: Noted  
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6.5 Historic Environment Scotland
Have advised that they have no specific comments to make in respect of the proposed
development.
Response: Noted. 
6.6 SEPA
Requested clarification on the potential impact of the proposed development upon a
single identified private water supply, pending which they noted a Holding Objection.
Response: The applicant has provided the information requested by SEPA and this
matter has now been satisfactorily addressed. 
6.7 NatureScot
Have advised that they have no specific comments to make on the proposed
development.
Response: Noted. 
6.8 Pettinain Community Council
Object to the application based on; lack of consultation between the developer and the
local community; failure in the way that contributions are distributed; and, long term
unsustainable nature of the proposed development.
Response: Noted. 
7. Representations
7.1 Following the statutory period of neighbour notification and advertisement, a total of
49 letters objecting to the proposed development have been received. 
7.2 The issues raised within the submitted letters of objection are as follows:- 
 loss of visual amenity
 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
 adverse impacts upon local road network 
7.3 The terms of these letters of objection are considered within the assessment section
of this report. 
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 crisis
 Policy 2 – Climate mitigation and adaptation
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 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
 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. 
9.2. Planning Circular 4/1998 – Use of Conditions states that, in relation to Section 42
applications, the planning authority can refuse the application if they decide the original
conditions should continue. In all cases conditions should meet 6 tests ie they should
be:- 
 Necessary
 Relevant to planning
 Relevant to the development to be permitted
 Enforceable
 Precise
 Reasonable in all other aspects 
10. Assessment and Discussion
10.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997,
all applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 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 relevant
material planning considerations. 
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10.2 In this case, the application is made under Section 42 of the Town and Country
Planning (Scotland) Act 1997 to vary conditions attached to an existing extant/live
planning permission which covers the quarrying operations at the site. Accordingly,
there is no opportunity for the Planning Authority to revisit the principle of the
development, or any facets of the original planning permission. 
10.3 Therefore, in this instance, the assessment of the proposals relate solely to the
consideration of whether the impact of the proposed variations to the extant planning
conditions can be reasonably justified or whether the proposed variations would
undermine the integrity of the extant planning permission. 
10.4 The current operations at Cloburn Quarry are permitted and controlled by several
different planning permissions. 
10.5 The main quarry operations are controlled 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. 
10.6 Planning permission reference CL/14/0140 (the Swaites Hill extension) was granted
planning permission 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. 
10.7 Planning permission reference Cl/16/0175 was issued by the Council on 1 July 2016
and relates to a retrospective application for and extension to the “dust storage area”. 
10.8 Planning permission reference P/24/0681 relates to an extension to the current quarry
and for an associated extension to the period covered by the overall quarrying
operations for a further period of 42 years. 
10.9 As a consequence of this (and in common with the other Section 42 applications), this
application seeks simply to reconcile the conditions attached to planning permission
reference CL/16/0175 with those that are approved under planning permission
reference P/24/0681, thus ensuring that this and the other planning permissions can
be “implemented” on a common basis. 
10.10 Looking at the variations that are proposed to the conditions specified under this
application, the following considerations are noted. 
10.11 Condition 1 of planning permission reference CL/16/0175 requires that a restoration
bond be entered into before the development of the site commences. The required
bond has been put into place, and the development has commenced. Moving forward,
a new restoration bond covering the entirety of the operations at Cloburn Quarry will
be entered into as part of the development proposed under planning permission
reference P/24/0681 and, as such, there is no need for the continuation of individual
bonds for constituent parts of the overall operation. 
10.12 Accordingly, the proposed deletion of this condition will not remove the ability for the
Council to enter into a suitable bond to guarantee the restoration of the site of this
ongoing development, with it being further noted that this variation raises no issues of
conflict with the provisions of the development plan.  
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10.13 Condition 3 of planning permission reference CL/16/0175 provides the means of
controlling dust emissions associated with operation of the site and in so doing refers
to the dust monitoring and management plan within Section 11 of the Planning and
Environmental Statement dated February 2009. 
10.14 The terms of this Planning and Environmental Statement have been superseded by
the terms of the EIAR (May 2024) which has been submitted in support of this
application and the proposed variation to Condition 19 seeks simply to refer to the
EIAR, dated May 2024, rather than the earlier Planning and Environmental Statement. 
10.15 This variation is considered to raise no issues of conflict with the provisions of the
development plan and will allow the control over any dust generated by the operation
of the site to be governed by the most up to date information. 
10.16 Condition 8 relates to the implementation of the Sand Martin Protection Plan which
was approved under the terms of condition 40 of planning permission reference
CL/09/0086. This permission has been “replaced” by the terms of planning permission
reference P/24/0681 which retains this condition. As such, it is not considered
necessary to replicate this condition within the terms of this planning application and
its deletion does not remove the ability for the Council to properly control this issue. 
10.17 Furthermore, this proposed variation is considered to raise no issues of conflict with
the provisions of the development plan. 
10.18 Condition 11 of planning permission reference relates to the provision of a restoration
plan relating solely to the extended dust storage area. 
10.19 The EIAR (May 2024) which has been submitted in support of the application provides
detailed restoration and aftercare proposals for the whole of the Cloburn Quarry
development site and to this end the proposed variation to condition 11, which seeks
to make reference to the need for the restoration of the site to accord with the details
set out within the EIAR (May 2024) raises no issues of concern and does not remove
the ability for the Council to retain full and effective control over the restoration of the
site. 
10.20 Furthermore, this proposal is considered to raise no issue of conflict with the provisions
of the development plan. 
10.21 As is noted above, the nature of Section 42 applications is such that they do not
present the opportunity for the Planning Authority to revisit the principle of the
development, or any facets of the original planning permission and that, as such, the
assessment of the proposals relate solely to the consideration of the impact of the
proposed variations to the extant planning conditions and whether they can be
reasonably justified or whether the proposed variations would undermine the integrity
of the extant planning permission. 
10.22 The matters put forward by those parties who have objected to the application raise
several issues which relate to the principle of the development which, for the reasons
set out above, cannot be considered as part of the assessment of this application, the
assessment of which must consider only the implications of the proposed variations to
the conditions in question. 
10.23 Those objections which have been raised in relation to the potential for dust related
impacts are covered by the proposed variations and, as such, can legitimately be
considered as part of the assessment process. 
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10.24 Whilst variations to these conditions are sought, the nature of the variations is such
that they seek simply to allow reference to be made to the most up to date information
covering these matters, as is set out within the EIAR (May 2024) which is submitted in
support of the application, and do not alter the substance or purpose of the original
conditions as attached to planning permission reference CL/16/0175. 
10.25. Conclusion
In conclusion, it is considered that the proposed variation to the specified conditions
of planning permission reference do not undermine the original purpose and intent of
said conditions, with each of the proposed variations raising no issues of concern
when assessed against the relevant provisions of the development plan. 
10.26 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 variations to these
conditions can be justified against 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 conditions and a Section 75
Legal Agreement 
 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, and the
following conditions. 
01. The development hereby permitted shall be started within three years of the
date of this permission. 
Reason: To comply with section 58 of the Town and Country Planning
(Scotland) Act 1997, as amended. 
02.  That with respect to the control of noise resulting from the operations at this
site the developer shall comply with the following:- 
(a) that between 07.00hrs and 19.00hrs, the nominal noise limit
attributable to site operations at all noise sensitive properties, in the
vicinity of the site, shall not exceed 55 dB(A) LAeq, over any one hour
period;
(b) that between 19.00hrs and 07.00hrs the nominal noise limit attributable
to site operations at the noise sensitive properties in the vicinity of the
site shall not exceed 42 dB(A) LAeq, over any one hour period;
(c) Notwithstanding the terms of (b) above, the nominal noise limit
attributable to site operations between 06.30hrs and 07.00hrs at
Glenbow Cottage shall not exceed 45db(A) LAeq, over the 30 minute
period. 
Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties.  
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03. That the operator shall minimise dust emissions from the site by every
practicable means and shall at all times operate the site in full accordance
with the dust monitoring and management plan contained within the
Environmental Impact Assessment Report, dated May 2024, as approved
under this application. 
Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
04. That, in the event of dust nuisance problems being created by operations
on site, the operator shall take all reasonable remedial measures to
minimise the transmissions of dust, to the satisfaction of the Council as
Planning Authority. 
Reason: To minimise any nuisance and to protect the amenity of
neighbouring properties. 
05. That at all times during operations, 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: To minimise any nuisance and to protect the amenity of
neighbouring properties.  
06. Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (Scotland) Order, 1992 (or any Order revoking and
re-enacting that Order) no development within Classes 55 and 56 shall be
undertaken without the express prior consent of the Council, as Planning
Authority. 
Reason: It is the opinion of the Council as Planning Authority that the
additional degree of planning control is necessary due to the nature of the
development and the need to prevent additional development occurring out
with that is approved under this permission. 
07. That within 3 months from the date of this permission full details of the
specification, including species, maturity and maintenance regime, of all
planting on site shall be submitted for the written approval of this Planning
Authority. Once approved the planting shall be carried out and maintained
for the lifetime of the site. 
Reason: In the interest of visual amenity and ecology. 
08. That for the avoidance of doubt, no blasting is permitted within the
application site as approved and shall solely be permitted out with this
application site and within the approved quarry extraction area. 
Reason: In order to control and define the terms of this permission. 
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09. The restoration of the site shall take place in strict accordance with the
restoration plan which forms part of the Environmental Impact Assessment
Report (dated May 2024) and its associated appendices and supporting
documents, the terms of which are approved under the terms of this
planning permission. 
Reason: As these details comprise the approved restoration plan covering
the site. 
12. Reason for Decision
12.1 The proposals to vary the conditions attached to planning permission reference
CL/16/0175 are considered acceptable, subject to the imposition of the previous suite
of conditions and accord with policies 23 and 33 of the National Planning Framework
4, and with policies 1, 2, 4, 5, 14, 15, 16, 19, MIN1, MIN2, MIN3, MIN5 and MIN6 of
the adopted South Lanarkshire Local Development Plan 2.   
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 8 September 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=SED3G1OPI7Z00 
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:-
Email:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/0299
Proposal:  Demolition of Agricultural Shed / Milking Parlour and Erection of
Detached House / Farmhouse, Detached Garage / Workshop,
Lambing Shed and Associated Works 
Site Address:  South Flakefield Farm
Bottom Highway
Chapelton
Strathaven
ML10 6SL 
Applicant:  Mr C Smith
Agent:  Moving Still Architecture
Ward:  05 Avondale and Stonehouse
Application Type:  Detailed Planning Permission 
Advert :  East Kilbride News – 16 April 2025
Development Plan
Compliance: 
No 
Departures:  Yes
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
8
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee under Section
4B(17)(e) of the adopted Scheme of Delegation 2024 as the Head of Planning and
Regulatory Services, in consultation with the Chair of the Planning Committee, has
determined it raises policy issues meriting consideration by the Planning Committee. 
2.  Site Description
2.1.  The application site is located within the Green Belt, approximately 1 mile west of
Chapelton. The site, which previously operated as a dairy farm, includes an existing
4-bedroom farmhouse, various agricultural buildings/sheds, and two static caravans. 
3.  Description of Proposed Development
3.1. Planning permission is sought for the demolition of an agricultural shed / milking
parlour and the erection of a new detached dwellinghouse / farmhouse, detached
garage / workshop, lambing shed and associated works. The existing farmhouse on
site is being retained and is not impacted by this application. 
3.2. The construction of a large 5-bedroom modern detached dwelling house is proposed
at the southern side of the site. The dwelling house would front onto a courtyard with
a 150m² 5-bay detached vehicle garage proposed on the western side of the courtyard
and a 200m² lambing shed to the north/east. 
4.  Relevant Planning History
4.1.  The site was previously a dairy farm which was put up for sale in 2023. There have
been no planning applications submitted for the site since a slurry tower was
consented in 1994 (EK/94382). Two static caravans on site appear to have been
installed at some point in 2024 and are the subject of a separate enforcement enquiry. 
5.  Supporting Information 
5.1.  The agent has submitted the following information to support the application:- 
 Design Statement
 Bat roost potential survey 
6. Consultations
6.1. Environmental Services – No objection subject to the imposition of standard advisory
notes.
Response: Noted.   
6.2. Roads Transportation and Fleet Services – No objection subject to the imposition
of conditions on access and parking arrangements. 
Response:  Noted.   
6.3. Scottish Power – No objection.
Response: Noted. 
6.4. Scottish Water – No objection.
Response: Noted. 
7.  Representations 
7.1. Following statutory neighbour notification and advertisement in the local press in
respect of non-notification of neighbours, 1 letter of objection has been received and
6 letters of support, 5 of which are all from residents at the nearby Dykehole Farm.
The issues raised are summarised as follows:-  
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 Detrimental climate impacts resulting from proposal 
 Proposal will improve visual amenity of the area 
The above issues are considered in the assessment below. These letters are available
for inspection on the planning portal. 
8.  Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places, and
productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 8 - Green belts
 Policy 14 - Design, quality and place
 Policy 17 – Rural Homes 
8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) 
The application site and associated proposals are affected by the following policies
contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 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.  
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10.2. Principle of Development
In terms of the principle of the development, the site is located within the green belt as
designated by Policy 4 – Green Belt and Rural Area of SLLDP2.  In addition, Policy 8
– Green belts of NPF4 also provides policy with regard to proposed development
proposals in green belt locations. 
10.3. Policy 8 of NPF4 seeks to encourage, promote and facilitate compact urban growth
and use the land around our towns and cities sustainably.  Section a) of the policy
provides a list of development types that will be supported in principle in green belt
locations, with other development types not supported by the policy.  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 No information about the proposed farming operation is included in the submission
beyond the removal of several existing agricultural buildings (including the slurry
tower) and the erection of a new large dwellinghouse and 200m² lambing shed. There
is no information on either the size of farm or the number of livestock proposed
however the submitted design statement confirms that the farming operation will be
new and that the existing dwelling house is to be retained on site.   
10.6 As such, it cannot be satisfactorily demonstrated at this time that the business
necessitates the provision of a second permanent dwelling house 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. 
10.7 The application site is located within the green belt and the proposed dwelling house
fails to meet any of the appropriate criteria. No specific locational need for a new large
detached dwelling house and detached garage has been demonstrated. It is sporadic
development which does not result in significant visual and environmental benefits to
the area.  Therefore, the proposal is considered to be contrary to Policy 8 of NPF4 and
Policy 4 of South Lanarkshire Local Development Plan 2. 
10.8 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
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proposals that are poorly designed, detrimental to the amenity of the surrounding area
or inconsistent with the six qualities of successful places, will not be supported. 
10.9 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’ dwelling houses, Policy GBRA10
requires such dwellings to be commensurate with the functional requirements of the
business operation. There is already a 4-bedroom farmhouse at this location. A
second, even larger dwelling house at the same location for an operation that has yet
to commence cannot be considered essential for the functional requirements of the
business. 
10.10 The proposal relates to a large two storey with a total floor area of approximately
650m². The proposed dwelling house 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. 
10.11 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.  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. 
10.12 Conclusion 
Given the above, it is considered that the proposed development has not been
appropriately justified in policy terms with regards to its Green Belt location and that
there is therefore no justification for a new dwelling house at this site.  The proposal
would also have an adverse impact upon the wider amenity of the area, being an
unjustified Green Belt development. The proposal would also be unsustainable in the
Green Belt, failing to address climate concerns and generating increased private car
trips and their associated greenhouse gasses and emissions.  As such, the proposal
would not comply with the relevant policies of the adopted development plan (NPF4
and SLLDP2) and it is therefore recommended that planning consent is refused. 
10.13 The proposed development fails to adhere to the provisions of National Planning
Framework 4, with specific regard to Policies 8, 14, 16 and additionally, the proposal
also fails to comply with the South Lanarkshire Local Development Plan 2, with specific
regard to Policies 4, 15 and GBRA1.  As such, it is recommended that the application
is refused. 
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:-  
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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 dwelling houses 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 dwelling houses in the countryside and, as such, would not
facilitate the provision of an appropriate rural dwelling house. 
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
dwelling house. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date:  8 September 2025 
Background Papers
Further information relating to the application can be found online:- 
P/25/0299 | Demolition of agricultural shed/milking parlour and erection of new
farmhouse, detached garage/workshop, lambing shed and associated works. | South
Flakefield Farm Bottom Highway Chapelton Strathaven ML10 6SL 
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 
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Report
Agenda Item 
CHECKED
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/0569
Proposal:  Subdivision of Garden Ground and Erection of House and Associated
Infrastructure 
Site Address:  Damhill Lodge
Corehouse Drive
Corehouse
Lanark
ML11 9TQ 
Applicant:  Mr James Wood
Agent:  JSS Architects
Ward:  02 – Clydesdale North
Application Type:  Full Planning Permission
Advert Date:  Carluke Gazette 12 June 2025
Development Plan
Compliance: 
No 
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
9
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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 relates to Damhill Lodge, a dwellinghouse and its garden ground in
Corehouse, a small housing group 2 miles south of Kirkfieldbank. The site is outwith
any designation defined in the South Lanarkshire Local Development Plan 2 and is
therefore considered to be in the rural area. 
2.2. The rectangular site is approximately 0.18ha and sits on the corner of Corehouse Drive
and Kirkfieldbank Road. The surroundings are primarily woodland and agricultural
although there is the occasional dwelling house. 
2.3. Damhill Lodge sits in the corner of the site by the road junction, with a large curtilage
to the rear and side. It is a traditional single-storey cottage that is currently undergoing
considerable renovations and extensions. These modifications are part-retrospective
as the planning application (P/25/0741) has not been determined. The site has been
cleared of all vegetation and ancillary structures such as the former detached garage. 
3. Description of Proposed Development
3.1. The proposed development relates to the erection of a single-storey dwelling house in
the side garden, fronting Kirkfieldbank Road. The resultant house and garden would
occupy 0.07ha. Associated development includes the installation of a septic tank and
soakaways and the formation of a driveway and access for both the donor and
proposed house. 
3.2.  The proposed house would have: a 155m2 T-shaped footprint, a cross-gable roof
finished in concrete tile with a ridge height of 5.5m; external walls finished in smooth
white render and stone cladding with a height to the eaves of 2.5m; modern
fenestration including rear bi-fold doors and full-hight glazing on gable ends; and a
covered front porch. 
4. Relevant Planning History
4.1. Planning permission (Ref. P/25/0741) was granted for the erection of a single storey
extension and associated works to Damhill Lodge. 
5. Supporting Information 
5.1. A design and access statement and a supporting statement were submitted in support
of the application. 
6. Consultations
6.1. Roads Development Management - No objection, subject to conditions. 
Response: Noted. 
6.2. Scottish Water – No objection and they advise that public water and wastewater
infrastructure in the vicinity is available. 
Response: Noted. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, no valid
third-party representations have been received. 
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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. The development plan comprises the
South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 
8.2. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places, and
productive places. 
National Planning Framework 4 Policies
 Policy 1 Tackling the climate and nature crisis
 Policy 2 Climate mitigation and adaptation
 Policy 3 Biodiversity
 Policy 13 Sustainable transport
 Policy 14 Design, quality and place
 Policy 17 Rural 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, also
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2). In this regard the application site and associated
proposals are affected by the following policies contained in the SLLDP2. 
SLLDP2 Volume 1 Policies
 Policy 2 Climate Change
 Policy 4 Green Belt and Rural Area
 Policy 5 Development Management and Placemaking 
SLLDP2 Volume 2 Policies
 Policy SDCC3 Sustainable Drainage Systems
 Policy SDCC7 Low and Carbon Emissions from New Buildings
 Policy GBRA1 Rural Design and Development
 Policy DM3 Subdivision of Garden Ground
 Policy DM15 Water Supply
 Policy DM16 Foul Drainage/Sewerage Provision 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Principle of Development
Policy 17 of NPF4 and Policy 4 of SLLDP2 aim to direct development to settlements
in the first instance and set out the circumstances in which rural homes are
appropriate. In this case, the development of a new house as the subdivision of garden
ground in the rural area, it must be demonstrated that the proposed house is necessary
to support the sustainable management of a viable rural business or for the retirement
succession of a viable farm holding. No such situation is presented in this application.
Furthermore, the proposals would not consolidate an existing building group and, as
a result, the proposal is unacceptable as it is contrary to Policy 4 of the SLLDP2 and
Policy 17 of NPF4.  
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10.2. Sustainability
Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 require development to minimise
climate impacts. The scale of the proposal limits any substantial intervention via
planning, but sustainability would be promoted through the Building Standards
Service. 
10.3. Policy 3 of NPF4 requires development proposals to enhance the biodiversity value of
the site. No details have been provided in this regard but they could be requested
through a condition if the principal of development was supportable. 
10.4. Layout, Siting, and Design 
Policy 14 of NPF4 and Policies 5 and GBRA1 of the SLLDP2 address liveable places,
placemaking, and design quality in rural areas. Policy 14 states that all development
should enhance the area’s quality and reflect the six qualities of a successful place:
healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 5 requires
development to respond to the local context and built form, and to avoid adverse
impacts on amenity or neighbouring properties. GBRA1 emphasises sensitivity to rural
character and seeks to prevent suburban-style residential development. Furthermore,
Policy DM3 of the SLLDP2 sets specific criteria for the subdivision of garden ground. 
10.5. The presented design is clearly suburban and out of keeping with traditional rural
vernacular including the donor house. Overall, the design does not exhibit the qualities
of a successful place set out in Policy 14 of NPF4, nor does it meet the expectations
of Policies 5, DM3, and GBRA1 of the SLLDP2. 
10.6. Technical Matters
Policy 22 of NPF4 and Policies DM15, DM16, and SDCC3 of the SLLDP2 relate to
flood risk and water management. The site is not at risk of flooding and would remain
mostly permeable, with hard surfacing limited to the house and driveway with surface
water soakaways in the curtilage, aligning with SUDS principles. Both public water and
wastewater infrastructure is available. However, a private wastewater system is
proposed which would not be acceptable in these instances, although this could be
resolved if the principle of development were acceptable. 
10.7. Policy 5 of SLLDP2 requires suitable access and parking. The proposed access and
parking meets recommended standards for the size of the donor and proposed
houses, subject to conditions. 
Conclusion
10.8. In conclusion, the principle of a new dwelling house in the rural area is unsupportable
without a demonstrated locational need as defined in Policy 17 of NPF4. Furthermore,
the design of the house is suburban in character which is not appropriate to the rural
area and is not accessible by sustainable travel. Consequently, it is considered that
the proposal is contrary to Policies 4, 5, DM3, and GBRA1 within the South
Lanarkshire Local Development Plan 2 and Policies 13, 14, 15, and 17 of National
Planning Framework 4. 
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse Planning Permission for the following reasons:- 
01. The proposal would be contrary to Policy 4 Green Belts and Rural Areas of the
South Lanarkshire Local Development Plan 2 as it is not supported by the
Development Plan in land use terms. 
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02. The proposal would be contrary to Policy 5 - Development Management and
Placemaking of the South Lanarkshire Local Development Plan 2 as it is not well
designed in respect of the local area. 
03. The proposal would be contrary to Policy DM3 – Subdivision of Garden Ground
of the South Lanarkshire Local Development Plan 2 as the design and materiality
is not sympathetic to the character of the area. 
04. The proposal would be contrary to Policy GBRA1 – Rural Design and
Development of the South Lanarkshire Local Development Plan 2 as it would
introduce a suburban-style development in the rural area. 
05. The proposal would be contrary to Policy 13 – Sustainable transport of National
Planning Framework 4 as it would be dependent on unsustainable means of
transport. 
06. The proposal would be contrary to Policy 14 - Design, Quality and Place of
National Planning Framework 4 as it is inconsistent with the six qualities of
successful places and fails to reflect the rural character. 
07. The proposal would be contrary to Policy 17 – Rural homes of National Planning
Framework 4 as it does not meet any of the criteria allowing for housing in the
rural area. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 8 September 2025 
Background Papers
Further information relating to the application can be found online:-
P/25/0569 | Subdivision of garden ground and erection of dwellinghouse and associated
infrastructure | Damhill Lodge Corehouse Drive Corehouse Lanark ML11 9TQ 
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:-
planning@southlanarkshire.gov.uk 
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[insert map]
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Report
Agenda Item 
Report to: Planning Committee 
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/0640
Proposal:  Installation of a 110m Tall Meteorological Mast for a Temporary Period of up
to 5 years 
Site Address:  Land 1.5km Northwest of North Shortcleugh Farm, B7040 From Elvanfoot to
Leadhills, Elvanfoot, Biggar, South Lanarkshire 
Applicant:  Renewco Power
Agent:  N/A
Ward:  03 Clydesdale East
Application Type:  Full Planning Application
Advert Date:  Lanark Gazette
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  Not applicable
Direction to
Scottish Ministers 
Not applicable 
10
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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 received over five
objections from members of the public. 
2. Site Description 
2.1.  The application site is an area of land that is approximately 2.2 miles north east of
Leadhills and 1.8m west of Elvanfoot. The landscape surrounding the site consists of
grassy hills. The site itself isn’t located at the summit but occupies a relatively flat
section within the slope. 
2.2. The area around the proposed site is a designated South Lanarkshire Special
Landscape Area, Leadhills and Lowther Hills, with the site location bearing an
importance to the Natural and Historic Environment. The site will be a distance of
approximately 0.7miles north from the B7040. 
3. Description of Proposed Development 
3.1.  Planning permission is sought for the installation of a 110-metre-high meteorological
mast. The mast will be erected for a temporary period of up to 5 years. 
4. Relevant Planning History 
4.1.  The site has no relevant planning history. 
5. Supporting Information 
5.1. None 
6. Consultations 
6.1. Roads Development Management Team – No objection, subject to conditions linked
to a Traffic Management Plan and Brush Motor. 
Response: Noted. 
6.2. West of Scotland Archaeology Service – No objection. 
Response: Noted. 
6.3. Ministry of Defence (MOD) – No objection subject to conditions. 
Response: Noted. 
6.4.  Edinburgh Airport – No objection. 
Response: Noted. 
6.5. Glasgow Airport – No objection. 
Response: Noted. 
6.6. National Air Traffic Services (NATS) – no objections. 
Response: Noted. 
7. Representations 
7.1.  Following the statutory period of neighbour notification and advertisement, a total of
30 objections have been received. The issues raised are summarised as follows:- 
Landscape 
 Harm to the local ecosystem, landscape and visual amenity
 Concerns regarding peatland damage
 Damage to the special landscape characteristics of this area
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 Proposed masts and access routes for plant machinery pose a significant threat
or harm to the local ecosystem and archaeological sites of national importance
 Development of this land both risks disturbance of hazardous materials to wildlife,
livestock, community and damage to nationally significant historical sites [history
of lead mining in area]
 The area is home to a variety of wildlife
 Concerns over historical contamination of land and mining works 
Other Matters
 Negative impact on mental health. 
 Concerns regarding MOD and flight path safety
 Objection to this proposal as it might relate to future proposed wind farm
developments. 
Non-material planning matters 
 Insufficient consultation from the developer
 We don’t want windfarms in our area and approving this application will allow
windfarms to be installed. 
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. 
National Planning Framework 4 
8.2.  National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places, and
productive places. 
National Planning Framework 4 Policies 
 Policy 1: Tackling the climate and nature crises 
 Policy 2: Climate mitigation and adaptation 
 Policy 3: Biodiversity 
 Policy 14: Design, quality and place 
8.3. South Lanarkshire Local Development Plan 2 
For the purposes of determining planning applications the Council will, therefore,
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2). In this regard the application site and associated
proposals are affected by the following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies 
 Policy 2: Climate Change 
 Policy 4: Green Belt and Rural Area 
 Policy 5: Development Management and Placemaking 
 Policy 14: Natural and Historic Environment 
SLLDP2 Volume 2 Policies 
 Policy GBRA1: Rural Design and Development 
 Policy NHE16: Landscape 
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Supplementary Guidance 
Natural and Historic Environment – Supplementary Guidance 9 
9.  Guidance 
9.1. None. 
10. Assessment and Discussion 
10.1.  Principle of Development 
Detailed planning permission is sought for the installation of a 110-metre-high
metrological mast for a temporary period of up to 5 years. The application site is to the
northeast of Leadhills and west of Elvanfoot – where renewable infrastructure already
exists. The application site forms part of a naturally forming hill. 
10.2.  The mast, if approved, would be installed for a period of up to 5 years to allow for
collection of adequate wind speed and directional information. The purpose of a
meteorological mast is to obtain additional data at this location which is considered to
be acceptable and comply with the relevant policies in the development plan. 
Climate Change 
10.3.  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. 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. Policy 3 of NPF4 outlines that local developments should
conserve, restore, and enhance the biodiversity value of a site. However, the proposal
would have minimal impact on the biodiversity value of its site and is a temporary
measure. Therefore, it would not be proportionate to seek biodiversity enhancements
in this instance. 
Layout, Siting and Design 
10.4.  Policy 14 of NPF4 intends to encourage, promote and facilitate well designed
development that makes successful places by taking a design-led approach and
applying the Place Principle that will support proposals for quality places, spaces and
sustainable environments. 
10.5.  South Lanarkshire Local Development Plan Policy 4 promotes development in
locations within the green belt or rural area that is appropriate in land use terms. In
terms of the proposed site, the site is a remote grassland covered hill, thus the erection
of a temporary mast to monitor wind speeds would not disrupt the long-term amenity
of the landscape. 
10.6. Policy 5 promotes proposals that address sustainability issues through carbon
reduction measures and energy efficient design, layout and site orientation. 
10.7.  Policy 14 Natural and Historic Environment will assess development proposals in
terms of their own impact on the natural and historic environment, including
biodiversity, geodiversity and landscape. A sub policy in the SLLDP2 is NHE16
Landscape, which aims to ensure that development can be accommodated without
having an unacceptable or significant adverse effect on the landscape character. In
terms of the proposal, the proposed mast would have little impact on the grassland
environment when installed, it would only be for a temporary period and would not be
visually prominent. 
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10.8. Policy GBRA1 of the SLLDP2 provides specific guidance on design within the rural
landscape, referring to supplementary planning guidance (SPG) documents, in this
case Supplementary Guidance 9. 
10.9.  In relation to the design of the meteorological mast, the mast will be a slender
aluminium alloy pole secured by 29 guy wires fixed by 12 ground anchors that will be
between 30 and 15 metres from the base of the mast. 
10.10. The mast would be visible within the immediate surroundings. However, due to the
slender pole and wire cabling, it would have minimal visual impact and will be removed
from the site at the end of the temporary period, allowing the restoration of the natural
landscape. 
Conclusion 
10.11. The proposed meteorological mast complies with Policies 1, 2, 3 and 14 of the National
Planning Framework 4 and Policies 2, 4, 5 and NHE16 and GBRA1 of the South
Lanarkshire Local Development Plan 2. The proposed mast would have a minimal
visual or detrimental impact on the landscape character in the short-term and, as a
result, no other material considerations would justify the refusal of planning
permission. 
11.  Recommendation and Conditions 
11.1.  The Committee is asked to agree the following recommendation:- 
Grant 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. Planning permission is hereby granted for a temporary period only and shall
cease to have effect on 01 October 2030 (the 'cessation date'). Prior to the
cessation date, the application site shall be cleared of all development
approved under the terms of this permission (including any subsequent
ancillary works, infrastructure, fixtures, fittings and any temporary
developments permitted under Class 14 of the Town and Country Planning
(General Permitted Development) (Scotland) Order 1992 (as amended)) and
reinstated to a condition comparable with that of the adjoining land, to the
satisfaction of the Planning Authority. 
Reason: In recognition of the temporary nature of the proposed development,
to enable the Planning Authority to reassess the impact of the development
after a given period of time and secure removal and restoration. 
03.  Prior to commencing construction of any meteorological mast, or deploying any
construction equipment or temporary structure(s) 15 metres or more in height
(above ground level) the undertaker must submit an aviation lighting scheme
for the approval of South Lanarkshire Council in conjunction with the Ministry
of Defence defining how the development will be lit throughout its life to
maintain civil and military aviation safety requirements as determined
necessary for aviation safety by the Ministry of Defence. This should set out:-  
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a) details of any construction equipment and temporary structures with a total
height of 15 metres or greater (above ground level) that will be deployed during
the construction of the meteorological mast and details of any aviation warning
lighting that it will be fitted with; and 
b) the location and height of the mast featured in the development identifying
and the aviation warning lighting identifying the position of the lights on the wind
turbine generators; the type(s) of lights that will be fitted and the performance
specification(s) of the lighting type(s) to be used. Thereafter, the undertaker
must exhibit such lights as detailed in the approved aviation lighting scheme.
The lighting installed will remain operational for the lifetime of the development. 
Reason: To maintain aviation safety. 
04. The undertaker must notify the Ministry of Defence, at least 14 days prior to the
commencement of the works, in writing of the following information:- 
a) the date of the commencement of the erection of a meteorological mast; 
b) the maximum height of any construction equipment to be used in the erection
of the meteorological mast;
c) the date the meteorological mast is brought into use; 
d) the latitude and longitude and maximum heights of the meteorological mast. 
The Ministry of Defence must be notified of any changes to the information
supplied in accordance with these requirements and of the completion of the
construction of the development. 
Reason: To maintain aviation safety 
05. During construction, a mechanical brush sweeper shall be operated during all
on-site movements to clear any loose material deposited onto the public road. 
Reason: In the interests of road safety. 
06. Before any vehicles access the site, a Traffic Management Plan shall be
submitted to and approved in writing by South Lanarkshire Council.  Thereafter
the development shall be undertaken in accordance with the approved Traffic
Management Plan. 
Reason: In the interests of road safety. 
12.  Reason for Decision 
12.1.  The proposal is appropriately designed and scaled with no adverse visual or amenity
impacts in accordance with Policies 1, 2, 3 and 14 of the adopted National Planning
Framework 4 and Policies 2, 4, 5 and NHE16 and GBRA1 of the adopted South
Lanarkshire Local Development Plan 2. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 8 September 2025  
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Background Papers
Further information relating to the application can be found online:-
P/25/0640 | Installation of a 110m tall meteorological mast for a temporary period of up to 5 years |
Land 1.5km Northwest Of North Shortcleugh Farm B7040 From Elvanfoot To Leadhills Elvanfoot
Biggar 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: planning@southlanarkshire.gov.uk 
123

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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 16 September 2025
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/0662
Proposal:  Construction of 400kV/132kV Electricity Sub-Station and Associated
Supporting Infrastructure 
Site Address:  Land 1.6km Southeast of Redshaw, B7078 from Millburn to Abington
Applicant:  Scottish Power Energy Networks (SPEN)
Agent:  None
Ward:  4 – Clydesdale South
Application Type:  Full Planning Permission
Advert:  Carluke Gazette, 2nd July 2025 
Development Plan
Compliance:
Yes 
Departures:  N/A
Recommendation:  Grant Planning Permission subject to the conditions attached to this
report 
Legal Agreement:  Not required
Direction to
Scottish Ministers 
N/A  
11
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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 is located in close proximity to the existing 400kV overhead power line route
at Redshaw and sits between the B7078 and the M74, approximately 3.5km southeast
of Douglas, and occupies an area of approximately 20.65ha. 
2.2 The land within the site slopes south towards the B7078, from a high point of
approximately 340m at its northern boundary, to approximately 276m along its
southern boundary. 
2.3 The landcover within the site consists mainly of open moorland and rough grassland
and the nearest residential property to the site is a property at Redshaw, which lies
some 1.4km to the northwest. 
3. Description of Proposed Development
3.1 The main elements of the proposed development comprise the following:- 
 A new 400kV Gas Insulated Switchgear substation building (approximately 91m
x 30m x 12m)
 A new 132kV Gas Insulated Switchgear building (approximately 56m x 17.5m x
10.8m)
 A small distribution Grid Supply Point substation building
 External grid transformers
 A new permanent access track from the B7078 to the substation compound
 Internal access roads and parking
 Security fence around the live compound
 Drainage works
 Landscape works
 Temporary construction compound and laydown areas
 Farmers access track 
3.2 Access to the proposed development would be via a new vehicular access off the
B7078, and it is envisaged that the construction of the proposed development would
take up to six years, starting in November 2025 until October 2031. 
3.3 The proposed development is considered to be a permanent installation with a
minimum operating lifespan of 40-50 years. 
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
 Construction Traffic Management Plan
 Design and Access Statement
 Ecological Appraisal Report
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 Planning Statement
 Pre-application consultation (PAC) Report
 Transport Statement 
6. Consultations
6.1 West of Scotland Archaeology Service (WoSAS) – offered no objection to the
proposed development subject to conditions. 
Response: Noted. 
6.2 Roads Development Management Team – offered no objection to the proposed
development subject to conditions.
Response: Noted. 
6.3 Transport Scotland – offered no objection to the proposed development subject to
conditions.
Response: Noted   
7. Representations
7.1 No representations have been submitted in respect of the proposed development. 
8. Development Plan
8.1 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 7 - Historic assets and places
 Policy 11 - Energy
 Policy 22 - Flood risk and water management
 Policy 29 - Rural development  
8.2 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 
9. Guidance
9.1 South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable 
Energy (January 2021)   
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10. Assessment and Discussion
10.1 NPF4 includes 18 “National Developments” which are defined as “significant
developments of national importance” that will assist in the delivery of the National
Spatial Strategy. 
10.2 This includes National Development 3: Strategic renewable energy generation and
transmission infrastructure. NPF4 Annex B sets out the statement of need for the 18
national developments, outlining their importance. 
10.3 For National Development 3, it states that:- 
“The electricity transmission grid will need substantial reinforcement including the
addition of new infrastructure to connect and transmit the output from new on and off
shore capacity to customers in Scotland, the rest of the UK and beyond.  Additional
electricity generation from renewables and electricity transmission capacity of scale is
fundamental to achieving a net zero economy and supports improved network
resilience in rural and island areas.” 
10.4 The proposed development will provide a meaningful contribution to Scotland’s net
zero targets within the key timescales for delivery, this helping to reinforce the
transmission network in the area. It is therefore considered that the proposed
development accords with this aspect of NPF4. 
10.5 Part (a) of NPF4 Policy 11: Energy provides support for all types of renewable, low
carbon and zero-emission technologies, which includes grid infrastructure. As such,
the proposed development enjoys direct support from this aspect of Policy 11(a). 
10.6 Part (e) of Policy 11 sets out the impacts that renewable energy proposals must
address through design and mitigation. These include effects on residential amenity,
landscape and visual amenity impacts, public access, aviation, telecommunications,
traffic, the historic environment, biodiversity, decommissioning and site restoration. 
10.7 Each of these environmental considerations have been considered and where
necessary, assessed within the EIAR. 
10.8 Significant residual environmental effects have been identified for a small number of
landscape and visual receptors, these being assessed as being very localised in
nature. At part (e)(ii), Policy 11 advises that “Where impacts are localised and/or
appropriate design mitigation has been applied, they will generally be considered
acceptable.” 
10.9 Having assessed this aspect of the proposed development, it is on balance considered
that these impacts are of a localised nature and that, as such, the proposed
development can be reasonably justified against this aspect of Policy 11. 
10.10 Policy 1 of NPF4 affords significant weight to the global climate and nature crisis when
assessing the acceptability of all development decisions. The proposed development
will assist in reinforcing the existing transmission network which in turn will support
greenhouse gas reductions by enabling new renewable energy developments to
connect to the transmission network. 
10.11 Overall, the proposed development is considered to accord with the requirements of
Policy 1. 
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10.12 NPF4 Policy 2: Climate mitigation and adaptation seeks to promote and enable
development that minimises emissions and adapts to current and future climate
change. 
10.13 The proposed development supports the transmission network which plays in the
delivery of renewable energy proposals. In and of itself, the proposed development is
not considered to lead to any significant effects on the climate or the ability of any
relevant receptors to adapt to climate change and, as such, is considered to accord
with the terms of this policy. 
10.14 Given the matters set out above, it is considered that that the proposed development
can be reasonably justified against the relevant provisions of NPF4. 
10.15 SLLDP2 Policy 18: Renewable Energy sets out the Plans overall approach to
assessing renewable energy proposals, supported by the spatial framework and
checklist in Volume 2 of the Plan. 
10.16 As is detailed above in relation to NPF4 Policy 11, the proposed development falls
within the category of renewable energy enabling works (i.e. grid transmission and
distribution infrastructure) and, as such, is afforded significant support by both national
and local planning policies. 
10.17 When assessed against the environmental considerations set out within the
Renewable Energy Assessment Checklist provided within Volume 2 of the SLLDP2,
the proposed development raises no issues of concern. 
Water and Flood Risk
10.18 The proposed development will have negligible effects during its construction and
operation with regards to flood risk and impact on the water environment, taking into
account consideration of future climate change projections. As such, the proposed
development is considered to comply with the LDP policies covering this topic area. 
Design
10.19 The key design considerations associated with the proposed development are set out
in full within the EIAR and within the Design and Access Statement which
accompanies the application. It is considered that the proposed development
represents a sustainable development which has been appropriately informed by all
relevant technical and environmental constraints, and which also considers all criteria
for sustainable design, where relevant to the nature of the proposed development. 
10.20 The proposed development has demonstrated an appropriate alignment with regards
to landscape and visual impacts, including the provision of appropriate landscape
mitigation, SUDs and biodiversity enhancement and on balance is considered to be
compliant with the relevant LDP policies. 
11 Conclusion
11.1 The proposed development is considered to accord with the relevant policy
requirements of both NPF4 and the SLLDP2 and, as such, they accord with the terms
of the adopted development plan when read as a whole. 
11.2 In addition to this, the proposed development is afforded National Development status
under the terms of NPF4 and, as such, benefits from high level support in terms of the
role that it will play in the reinforcement of the national transmission network, thus
facilitating the delivery of renewable energy and assisting in the delivery of Scotland
energy transition to Net Zero. 
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12 Recommendation and Conditions
12.1 The Committee is asked to agree the following recommendation:- 
Grant 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. Prior to commencing works on site the applicant shall submit, for written approval
of the Council as Road Authority, detailed proposals for the proposed site access
off the B7078 being formed generally in accordance with drawing BT3423-2-
1100-DO-AECOEC-1026 (Revision OG) with a minimum 7.3m wide industrial
standard access, appropriate radii with a bituminous surface finish over the first
18 metres measured from the nearside channel line of the public road with
security gates set back a minimum of 18 metres.  The design shall show visibility
splays, road markings, drainage and traffic signage. 
Reason: In the interests of road traffic safety. 
03. That a Stage 2 Road Safety Audit, together with accompanying Designer’s
Response, be submitted in support of the proposed site access works referred to
in the previous condition all for the written approval of the Council as Roads
Authority. 
Reason: To allow the Council to consider these matters in detail. 
04. Prior to site works commencing on formation of the substation, a visibility splay
of 9 metres by 215 metres, measured from the nearside road channel line, shall
be provided onto the B7078 and everything exceeding 1.05 metres in height
above the road channel level shall be removed from the visibility envelope and
thereafter nothing exceeding 1.05 metres in height shall be planted, placed or
erected within these sight lines. 
Reason: In the interests of road traffic safety. 
05. That a minimum of four months prior to abnormal loads being moved, the
applicant shall submit, for the written approval of the Council as Roads Authority,
an Abnormal Load Route Assessment for delivery of specialist components and
lifting equipment which shall include details of any modifications required to the
Council’s local road network. 
Reason: To allow the Council to consider these matters in detail. 
06. That a minimum of four months prior to abnormal loads being moved the
applicant shall submit for the approval of the Council, as Technical Approval
Authority, reports covering Principal Inspections and Bridge Assessments all
undertaken in accordance with the Design Manual for Roads and Bridges for all
Council owned roads structures over which the abnormal loads and lifting
equipment will travel.  The Bridge Assessments should include for the action of
all proposed abnormal loads and lifting equipment associated with the
construction of the development. 
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Reason: To allow the Council to consider these matters in detail. 
07. Prior to works commencing on site the applicant shall submit a Construction
Phase Traffic Management Plan (CPTMP) for the written approval of the Council
as Planning and Roads Authority.  The plan shall include details of the following:- 
a. Routing for all HGVs and specialist deliveries from the M74 Junction 13.
b. Programme and anticipated monthly vehicle movements by vehicle type.
c. Programme of movement for first abnormal load (including heavy lifting
equipment).
d. Measures to ensure that the specified routes are adhered to by all
operatives and suppliers, including monitoring procedures.
e. Details of all temporary construction direction signage.
f. Provisions for emergency vehicle access.
g. Wheel washing arrangements to prevent detritus being deposited on the
public road.
h. On-site car parking for construction vehicles as no parking permitted on the
public road.
i. Delivery and laydown space and turning area to ensure all vehicles enter
and exit site in a forward gear.
j. Public relations strategy for publishing the timing of abnormal load
movements.
k. Identification of a nominated person to whom any road safety issues can be
referred. 
Reason: To allow the Council to consider these matters in detail. 
08. That once approved all construction works shall be undertaken in accordance
with the approved Construction Phase Traffic Management Plan unless
otherwise agreed in writing with the Council as Roads Authority. 
Reason: In the interests of road traffic safety. 
09. That prior to works commencing on site the applicant shall undertake a roads
dilapidation survey for the B7078 for 50 metres either side of the proposed site
access.  Interim and final surveys shall be undertaken as directed by the Council
as Roads Authority.  Each inspection shall be recorded in a report to include
photographs, plans and descriptions of road conditions and that this information
shall be submitted to the Council for record purposes within 7 days of the survey
being undertaken. 
Reason: To allow the Council to consider these matters in detail. 
10. That the applicant shall be responsible for repairing damage identified through
the dilapidation surveys that are attributable to their operations and undertake all
necessary repairs within timescales stipulated by the Council as Roads Authority. 
Reason: In the interests of road traffic safety. 
11. No development shall take place within the development site as outlined in red
on the approved plans until the developer has secured the implementation of a
programme of archaeological works in accordance with a scheme of written
investigation which has been submitted by the applicant, agreed with the West of
Scotland Archaeological Service, and approved by the Planning Authority.
Thereafter the developer shall ensure that the programme of archaeological
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works is fully implemented and that all recording and recovery of archaeological
resources within the development site is undertaken to the satisfaction of the
Planning Authority, in discussion with the West of Scotland Archaeological
Service. 
Reason: To ensure that any unrecorded archaeological remains within the site
are properly investigated and recorded. 
12:  Within four months of the commencement of the development, the applicant shall
submit to the Council, for their written approval as Planning Authority, details of
the proposed landscape associated with the development.  These details shall
include, but not be limited to, details of the number, species and size of the plants
to be used as part of these landscaping works, and the proposed phasing of the
works. 
Reason: To allow the Council to consider these matters in detail. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 8 September 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=SXEA4IOPFVM00 
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:
planning@southlanarkshire.gov.uk 
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