Agenda Document Pack - Planning Committee - 16/09/2025
South Lanarkshire Council · 16 September 2025
Back to Planning Committee — 16 September 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 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 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Planning Committee held on 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 2
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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 3
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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. 2 5
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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)] 6
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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)] 7
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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. 8
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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. 9
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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. 10
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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. 11
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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. 12
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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 13
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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. 3 15
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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 16
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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 3 17
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2 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 18
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3 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. 19
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4 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. 20
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5 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. 21
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6 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. 22
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7 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 23
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8 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. 24
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9 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. 25
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10 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: 26
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11 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. 27
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12 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 28
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13 • 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: 29
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14 • 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. 30
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15 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). 31
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16 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:- 32
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17 • 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. 33
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18 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 34
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19 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. 35
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20 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. 36
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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 37
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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) 38
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23 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. 39
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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 41
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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:- 42
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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. 43
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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 44
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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 45
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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 46
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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. 47
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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 48
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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. 49
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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 50
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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 53
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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 54
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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:- 55
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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. 56
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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. 57
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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 58
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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. 59
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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. 60
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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. 61
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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. 62
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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. 63
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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. 64
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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. 65
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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. 66
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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. 67
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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 68
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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 69
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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 71
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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. 72
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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. 73
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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. 74
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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. 75
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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. 76
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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 77
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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. 78
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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. 79
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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. 80
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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. 81
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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. 82
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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. 83
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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. 84
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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 85
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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. 86
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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. 87
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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 88
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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 91
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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; 92
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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. 93
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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 94
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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 95
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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. 96
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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. 97
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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. 98
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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. 99
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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. 100
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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 101
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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 8 103
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 4B(17)(e) of the adopted Scheme of Delegation 2024 as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The 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:- 104
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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. 105
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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 106
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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:- 107
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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 108
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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 9 111
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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. 112
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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. 113
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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. 114
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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 115
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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 10 117
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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 118
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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 119
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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. 120
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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:- 121
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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 122
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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 11 125
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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 126
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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) 127
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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. 128
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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. 129
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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. 130
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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 131
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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 132
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