Agenda Document Pack - Planning Committee - 28/10/2025
South Lanarkshire Council · 28 October 2025
Back to Planning Committee — 28 October 2025 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 20 October 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, 28 October 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 16 September 2025 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Noting 3 Planning Appeal Decisions - 1 April 2025 to 30 September 2025 Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 16 Item(s) for Decision 4 Application P/24/1561 for Erection of Residential Development Comprising of 64 Detached Houses, Access Roads, Landscaping, Land Engineering Operations and Associated Work, Including Demolition of House at Land 100 Metres North of Beechfield Manor, Meikle Earnock Road, Hamilton Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 17 - 30 5 Application P/25/0018 for Section 36 Consultation - Development of 98MW Solar Farm, 100MW Battery Energy Storage System (BESS) with Associated Infrastructure and Landscaping at Land at Rogerhill Farm, Kirkmuirhill/Blackwood Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 31 - 44 6 Application P/25/0367 for Construction and Operation of Battery Energy Storage System (BESS) with a Capacity of 40MW and Associated Infrastructure and Landscaping at Land 290 Metres West Southwest of Gilbertfield Farm, Gilbertfield Road, Cambuslang Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 45 - 54 7 Application P/25/0492 for Construction and Operation of the Hagshaw Energy Cluster, Western Expansion Comprising 18 Wind Turbines, Solar Voltaic Panels, Short Duration Battery Energy Storage System (BESS) and Long Duration BESS and Associated Infrastructure (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land at Dungavel Forest (South Lanarkshire) and Burnfoot/Linburn Farm, North of Muirkirk (East Ayrshire) Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 55 - 72 2
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8 Application P/25/0643 for Construction of Battery Energy Storage System (BESS) with Generating Capacity of up to 502.5MW and Associated Infrastructure (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land at High Netherfauld House Farm, Near Douglas, Lanark Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 73 - 86 9 Application P/25/0724 for Construction of Long Duration Electricity Storage System (LDES) with Generating Capacity of up to 500MW and Associated Infrastructure (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land at M74 Heat and Power Park (Conexus West), West of Junction 11 of the M74, Coalburn, Lanark Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 87 - 100 10 Application P/25/0869 for Erection of 2 Houses, Formation of New Vehicular Access and Associated Works at Rowan House, Manse Road, Stonehouse Report dated 20 October 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 101 - 108 Urgent Business 11 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 16 September 2025 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Archie Buchanan, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Alistair Fulton, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Cal Johnston-Dempsey, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Martin Lennon, Councillor Davie McLachlan 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 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 19 August 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 South Lanarkshire Council - Planning Decision-Making Procedures A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted requesting approval of the South Lanarkshire Council - Planning Decision-Making Procedures which set out the framework and procedures relating to the decision-making functions of the Council as a Planning Authority. At its meeting held on 27 August 2024, the Planning Committee endorsed proposals to amend the Planning section of the Council’s Scheme of Delegation, subject to the threshold for the number of objections remaining at ‘more than 5’, as per paragraph 17, part (b) of the revised Scheme of Delegation. South Lanarkshire Council subsequently approved the amended Scheme of Delegation at its meeting held on 11 September 2024 and, following this, the Scottish Ministers adopted the Scheme of Delegation under Section 43A of The Town and Country Planning (Scotland) Act 1997 on 25 September 2024. 2 5
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The Planning Decision-Making Procedures had been prepared to reflect the updates to the adopted Scheme of Delegation and provide further detail and guidance on the hierarchy of development, representations, committee site visits, pre-determination hearings, appeals and reviews. The revised document also clarified roles and responsibilities within the planning process and established clear criteria for decision-making in accordance with relevant legislation. There followed a discussion on the report during which the Chair and an officer responded to members’ questions on aspects of the report. The Committee decided: that the South Lanarkshire Planning Decision-Making Procedures, attached as Appendix 1 to the report, be approved. [Reference: Minutes of the meeting of the Planning Committee of 27 August 2024 (Paragraph 3) and 5 November 2024 (Paragraph 3) and Minutes of the meeting of South Lanarkshire Council of 11 September 2024 (Paragraph 4)] Councillor Devlin, having experienced technical issues, joined the meeting during consideration of the above item of business 4 Application P/23/0941 for Construction and Operation of Renewable Energy Development, Comprising 35 Wind Turbines with Maximum Blade Tip Height Between 210 Metres and 250 Metres, 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 Southeast of Douglas A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0941 by OnPath Energy Limited for the construction and operation of a renewable energy development, comprising 35 wind turbines with maximum blade tip height between 210 metres and 250 metres, battery energy storage system of up to 100 megawatts (MW) and associated infrastructure (Section 36 consultation) at land lying to the east and west sides of the M74, approximately 1.5km southeast of Douglas. The Head of Planning and Regulatory Services asked members to note that the address included in the report was inaccurate and advised that the correct address was 1.5km southeast of Douglas, as minuted. He added that the map attached to the report, showing the application site, was accurate. 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 50MW. 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 Policy 11 of National Planning Framework 4 and Policy 18 of the adopted South Lanarkshire Local Development Plan 2 in terms of its impact on the seismological recording station at Eskdalemuir. 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 with the opportunity to confirm their objections to the proposed development. 6
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There followed a discussion on the report during which an officer responded to members’ questions on aspects of the report. The Committee decided: that the Scottish Government be advised that the Council had objections to P/23/0941 by OnPath Energy Limited for the construction and operation of a renewable energy development, comprising 35 wind turbines with maximum blade tip height between 210 metres and 250 metres, 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 southeast of Douglas for the reason outlined above and detailed in the Executive Director’s report. 5 Application P/24/0683 for Section 42 Application to Vary Conditions 2, 5, 8, 19, 23 and 34 of Planning Consent 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 A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0683 by Cloburn Quarry Company Limited for a Section 42 application to vary conditions 2, 5, 8, 19, 23 and 34 of planning consent CL/09/0086 for an 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. 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 Legal Agreements and/or other appropriate mechanisms and the approved procedure would apply. The Committee decided: that planning application P/24/0683 by Cloburn Quarry Company Limited for a Section 42 application to vary conditions 2, 5, 8, 19, 23 and 34 of planning consent CL/09/0086 for an 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 be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of Section 75 and Section 96 agreements and/or other appropriate agreements between the Council, site owner(s) and the applicant [Reference: Minutes of 19 August 2025 (Paragraph 7) and 7 July 2015 (Paragraph 15)] 7
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6 Application P/24/0684 for Section 42 Application to Vary Conditions 1, 2, 3, 8, 19, 22 and 36 of Planning Consent CL/14/0140 for Extension to the Hard Rock Quarry at Cloburn Quarry, Thankerton, Lanark A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0684 by Cloburn Quarry Company Limited for a Section 42 application to vary conditions 1, 2, 3, 8, 19, 22 and 36 of planning consent CL/14/0140 for an extension to the hard rock quarry 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 Legal Agreements and/or other appropriate mechanisms and the approved procedure would apply. The Committee decided: that planning application P/24/0684 by Cloburn Quarry Company Limited for a Section 42 application to vary conditions 1, 2, 3, 8, 19, 22 and 36 of planning consent CL/14/0140 for an extension to the hard rock quarry at Cloburn Quarry, Thankerton, Lanark be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of Section 75 and Section 96 agreements and/or other appropriate agreements between the Council, site owner(s) and the applicant [Reference: Minutes of 19 August 2025 (Paragraph 7) and 7 July 2015 (Paragraph 15)] 7 Application P/24/0685 for Section 42 Application to Vary Conditions 1, 3, 8 and 11 of Planning Consent CL/16/0175 for an Extension to the Dust Storage Area at Cloburn Quarry, Thankerton, Lanark A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0685 by Cloburn Quarry Company Limited for a Section 42 application to vary conditions 1, 3, 8 and 11 of planning consent CL/16/0175 for an extension to the dust storage area 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. The Committee decided: that planning application P/24/0685 by Cloburn Quarry Company Limited for a Section 42 application to vary conditions 1, 3, 8 and 11 of planning consent CL/16/0175 for an extension to the dust storage area at Cloburn Quarry, Thankerton, Lanark 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 19 August 2025 (Paragraph 7) and 7 July 2015 (Paragraph 15)] 8
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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 The Chair advised that this application had been withdrawn at the request of the applicant. The Committee decided: to note the position. 9 Application P/25/0569 for Subdivision of Garden Ground and Erection of House and Associated Infrastructure at Damhill Lodge, Corehouse Drive, Corehouse, Lanark A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0569 by J Wood for the subdivision of garden ground and erection of a house and associated infrastructure at Damhill Lodge, Corehouse Drive, Corehouse, Lanark. The Committee decided: that planning application P/25/0569 by J Wood for the subdivision of garden ground and erection of a house and associated infrastructure at Damhill Lodge, Corehouse Drive, Corehouse, Lanark be refused for the reasons detailed in the Executive Director’s report. 10 Application P/25/0640 for Installation of a 110 Metre 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 A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0640 by Renewco Power for the installation of a 110 metre 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. The Committee decided: that planning application P/25/0640 by Renewco Power for the installation of a 110 metre 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 be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 8 September 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0662 by Scottish Power Energy Networks (SPEN) for the construction of a 400kV/132kV electricity sub-station and associated supporting infrastructure at land 1.6km southeast of Redshaw, B7078 from Millburn to Abington. 9
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The Committee decided: that planning application P/25/0662 by Scottish Power Energy Networks (SPEN) for the construction of a 400kV/132kV electricity sub-station and associated supporting infrastructure at land 1.6km southeast of Redshaw, B7078 from Millburn to Abington be granted subject to the conditions specified in the Executive Director’s report. 12 Urgent Business There were no items of urgent business. 10
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Subject Planning Appeal Decisions – 1 April 2025 to 30 September 2025 1. Purpose of Report 1.1 The purpose of the report is to:- advise Committee of decisions that have been issued by the Scottish Government’s Department of Planning and Environmental Appeals Division during the period 1 April 2025 to 30 September 2025 in relation to refusals issued by South Lanarkshire Council 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- (1) that Committee note the decisions that have been issued by the Scottish Government’s Department of Planning and Environmental Appeals. 3. Background 3.1 Members will be aware that applicants whose planning applications are refused by the Planning Committee have a right to appeal to the Scottish Ministers within three months of the date of the decision. In addition, while requests for a screening opinion on whether a proposed development requires an Environmental Impact Assessment are normally dealt with under delegated powers, the appeal route is to Scottish Ministers. The Appeals are processed by the Department of Planning and Environmental Appeals (DPEA) and, in most cases, a Reporter is appointed by the Scottish Ministers to undertake the Appeal. 3.2 This report updates members on the outcome of the appeals determined between 1 April 2025 and 30 September 2025. A link to each of the cases on the Scottish Government DPEA website can be found in the report. Overall, 9 decisions by the Council were the subject of appeal during the first half of 2024. Six of the appeals were dismissed and three were allowed by the appointed Reporter. 4 Planning Appeals 4.1 Since April 2025, decisions have been issued on 9 appeals against the refusal of applications by South Lanarkshire Council. The following summarises each of the cases:- 4.2 Data Centre Campus Including Ancillary Offices/Employment Floorspace, Internal/External Plant and Equipment, Emergency Back Up Generators With Associated Fuel Storage, A Battery Energy Storage System (BESS), Internal Roads and Footpaths, Cycle and Car Parking, Hard and Soft Landscaping, 3 11
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Security Perimeter Fencing, Lighting, Drainage, Electricity Substation and Other Associated Works at Haspielaw Farm, Muttonhole Road ML3 8RX (application reference P/25/0490) - Scottish Government - DPEA - Case Details (scotland.gov.uk) A decision was made by the Head of Planning and Regulatory Services under Delegated Authority on 25 June 2025 that, given the nature and location of the development, the proposal could result in significant environment effects The Reporter agreed that the proposed development is likely to have a significant effect on the environment and that an EIA is required. 4.3 Erection of Two Dwellinghouses with Associated Car Parking and Landscaping at Flattmoss Farm, A726 From East Kilbride to Chapelton , East Kilbride, G75 0QL (application reference P/24/1382) - Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 5 April 2025 on the grounds that the proposed development had not been appropriately justified in policy terms with regards to its Green Belt location and that it would have an adverse impact upon the wider amenity of the area. The Reporter agreed with the decision of the Council and dismissed the appeal. 4.4 Erection of Two Dwellinghouses, the Formation of Two New Vehicular Accesses and Associated Works at Land at Stoneside of Dripps Farm, Cartside Highway, Thorntonhall, G74 5AP (application reference P/24/1300) - Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 20 May 2025 as the proposed development had not been appropriately justified in policy terms with regards to its Green Belt location and that it would have an adverse impact upon the wider amenity of the area. The Reporter agreed with the decision of the Council and dismissed the appeal. 4.5 Erection of Dwellinghouse at Land 135M Northwest of Newark Mill, Whitecraigs Highway, Glassford, Strathaven, ML10 6TX (application reference P/24/1373) - Scottish Government - DPEA – Case Details (Scotland.gov.uk) This application was refused by Planning Committee on 4 March 2025 on the grounds that the proposed development had not been justified in policy terms given its Green Belt location and that it would also have an adverse impact upon the wider amenity of the area. The Reporter agreed with the decision of the Council and dismissed the appeal. 4.6 Change of Use of After School Care Facility (Class 10) to Retail (Class 1A) and Associated Alterations at 20 Argyle Drive, Hamilton, ML3 9EB (application reference P/24/1038) - Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 4 February 2025 on the grounds of the adverse impact on road safety and residential amenity contrary to Policies 3, 5, 10, and DM1 within the South Lanarkshire Local Development Plan 2. 12
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The Reporter agreed with the decision of the Council and dismissed the appeal. 4.7 Change of Use of Storage and Distribution Unit (Class 6) to Soft Play Centre (Class 11) and Associated Alterations/Refurbishment Including Extract Flue (Retrospective) at Block 4, Cadzow Industrial Estate, Hamilton, ML3 7QU (application reference P/24/0719) - Scottish Government - DPEA - Case Details This application was refused by Planning Committee on 3 December 2025 on the grounds that the proposal would not accord with the provisions of Policy 26 of National Planning Framework 4 and Policies 5, 8 and ICD2 of the adopted South Lanarkshire Local Development Plan 2. The Reporter allowed the appeal and granted planning permission. 4.8 Formation of House Plot (Planning Permission In Principal) at Plot of Land at Carnwath Mill Farmhouse, Spittal Road, Carnwath, Lanark, ML11 8LY (application reference P/24/0598) - Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 5 November 2024 as the proposed development could not be justified in policy terms with regards to its location in the rural area and that it would also have an adverse impact upon the wider amenity of the area. The Reporter dismissed the appeal and refused planning permission in principle. 4.9 Section 42 Application for Deletion of Condition 2 of Planning Consent CL/12/0104 Which Restricts the Occupation of the Consented House to a Person Solely or Mainly Employed by the On-Site Equestrian Business at Crossbank Livery Centre, Blair Road, Crossford, Carluke, ML8 5QN (application reference P/24/0549) - Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 5 November 2024 on the grounds that the application did not accord with the provisions of Policy 17 of National Planning Framework 4 and Policies 4 and GBRA10 of the adopted South Lanarkshire Local Development Plan 2. The Reporter allowed the appeal and granted planning permission 4.10 Installation of 50MW Battery Energy Storage Facility (BESS) with Associated Infrastructure at Land 100M Northwest of East Rogerton Cottage, Markethill Road, East Kilbride, G74 4NX (application reference P/23/1033) - Scottish Government - DPEA - Case Details (scotland.gov.uk) This application was refused by Planning Committee on 5 November 2024 on the grounds that appropriate justification had not been provided for the siting of the proposal within the Green Belt and that it would have a significant adverse impact upon the character and amenity of the area as a result of its setting, visual prominence, scale, design and lack of screening. The Reporter allowed the appeal and granted planning permission. 13
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5. Next Steps 5.1 At the time of the preparation of this report seven further planning appeals have been made against decisions made by the Council and a further report will be presented to the Planning Committee in April 2026 to provide an update on appeal decisions made up to 31 March 2026. 6. Employee Implications 6.1 There are no employee implications. 7. Financial Implications 7.1 The resource commitment and financial costs for the Planning Authority in relation to the Planning Appeals process must be borne from existing budgets and resources and no external funding is provided for this activity. 8. Climate Change, Sustainability and Environmental Implications 8.1 The planning system will have an increasingly key role in addressing the climate change agenda. Investing additional income in resources within the planning service will contribute to meeting these aims. 9. Other Implications 9.1 There would be a reputational risk if this was not undertaken as this action has previously been specified in the Council’s Planning Performance Framework. 10. Integrated Impact Assessment and Consultation Arrangements 10.1 This report does not introduce a new policy, function, or strategy, or recommend a change to an existing policy, function, or strategy. As such, no impact assessment or consultation was required. David Booth Executive Director (Community and Enterprise Resources) 20 October 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Ambitious, self-aware and improving Previous References Planning Committee report on application P/25/0490 – 25 June 2025 Associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Committee report on application P/24/1382) – 5 April 2025 Associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Committee report on application P/24/1300) – 20 May 2025 – associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) 14
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Planning Committee report on application P/24/1373) – 4 March 2025 Associated planning appeal decision Scottish Government - DPEA - Case Details (Scotland.gov.uk) Planning Committee report on application P/24/1038) – 4 February 2025 Associated planning appeal decision Scottish Government - DPEA - Case Details (Scotland.gov.uk) ⧫ Planning Committee report on application P/24/0719) – 3 December 2024 Associated planning appeal decision Scottish Government - DPEA - Case Details ⧫ Planning Committee report on application P/24/0598) – 05 November 2024 Associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) ⧫ Planning Committee report on application P/24/0549) 05 November 2024 Associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) ⧫ Planning Committee report on application P/23/1033) – 05 November 2024 Associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tony Finn, Planning and Building Standards Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email: tony.finn@southlanarkshire.gov.uk 15
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1561 Proposal: Erection of residential development comprising of 64 detached dwellinghouses, access roads, landscaping, land engineering operations and associated work, including demolition of dwellinghouse Site Address: Land 100M North of Beechfield Manor Meikle Earnock Road Hamilton Applicant: Miller Homes Ltd and Karen Selfridge Agent: North Planning and Development Ward: 18 Hamilton West and Earnock. Application Type: Full Planning Permission Advert Date: Hamilton Advertiser 24 April 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions following the conclusion of an appropriate legal agreement Legal Agreement: Yes to cover developer contributions Direction to Scottish Ministers N/A 4 17
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1. Reason for Report 1.1. The Scheme of Delegation requires that all Major Developments, such as this proposal for more than 50 dwellings, are determined by the Planning Committee. 2. Site Description 2.1. The site that is subject to this application extends to 3.06 ha site and is located on the southwestern edge of Hamilton and is part of the Community Growth Area. As such, there are recently completed dwellings to the west and south of the site and to the north lies open fields and a local nature reserve, Torhead Lake. 2.2. The site currently comprises a field with a former garden centre to the frontage of the site and an existing dwellinghouse – known as Beechfield Manor. The site is generally level; however, there is a low point in the site in the northeast corner adjacent to the existing residential site. An existing hedge line runs along the western boundary. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of 64 dwellinghouses with associated roads, drainage, landscaping, open space and associated demolition of an existing dwellinghouse - Beechfield Manor. 3.2. The initial layout included 58 detached dwellings all with integral garages. During the handling of the application, amendments were sought and the impact is set out in more detail in the assessment section. The number of dwellings has increased to 64 and contains a mix of terraced, semi-detached and detached dwellings of three to five bedrooms. 3.3. The proposal includes one vehicular entry point off Meikle Earnock Road. The entrance into the site then splits, providing two routes around a central amenity/play space with dwellings arranged either side. The roads lead to the rear of the site, providing another pocket of housing to the rear. A mix of road finishes and arrangements are provided to identify the primary route to the site. There are connections to the cycle way on Meikle Earnock Road, and two pedestrian paths linking into the adjacent residential site, to the east. 3.4. Landscaping details incorporating biodiversity measures have been proposed. Furthermore, a sustainable urban drainage system in the form of a below ground cellular tank is proposed along with measures including permeable paving and swales to mitigate against the proposed layout and improve existing drainage. 4. Relevant Planning History 4.1. This application is a major application which required a proposal of application notice (PoAN) prior to submission of the planning application. The PoAN notifies the Planning Authority of the intention to submit a major planning application and begins the consultation period with relevant stakeholders. The PoAN was duly submitted and consultation took place over summer 2024 under reference P/24/0005/PAN. 4.2. The Hamilton Community Growth Area was included in the South Lanarkshire Local Plan 2006 and a masterplan developed for approximately 2000 homes, then carried through subsequent local development plans. It was recorded in 2024 that over 850 dwellings of those planned have been built to date. The proposal would represent the last site along Meikle Earnock Road. 18
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5. Supporting Information 5.1. In support of the planning application, the following information has been submitted:- Design and Access Statement Energy Statement Tree Report Pre-Application Consultation Report Statement of Community Benefit Stage 1 Geoenvironmental Investigation Report Drainage Strategy 6. Consultations 6.1. Environmental Services - No objection subject to conditions relating to contaminated land and construction noise. Response: Noted, the requested conditions shall be imposed on any permission issued. 6.2. Education Resources – No objection, subject to contributions to increase capacity in relevant catchment schools. Response: Noted, contributions shall be sought to mitigate impacts of the development, a concern raised by representees. 6.3. Roads (Development Management) – No objection, subject to conditions relating to a construction management plan, delivery routes, parking, visibility splays and footway connections along with appropriate contributions. Response – Noted, the requested conditions shall be imposed on any permission issued and appropriate contributions sought. 6.4. Roads (Flooding) – No objection. Response – Noted. 6.5. Scottish Water – No objection. Response: Noted 6.6. West of Scotland Archaeology Service – No objections, subject to a condition requiring a programme of archaeological works. Response: Noted, the requested condition shall be imposed on any permission issued. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, which has been readvertised in association with the increase of dwellinghouses. A total of 6 representations has been received (5 objections, 1 support). The issues raised are summarised as follows:- Concerns relating to additional footpath link and anti-social behaviour Increase in housing is against nature and global climate emissions Concerns relating to drainage and historic connections within the site Concerns on impact on nature conservation Concerns on impact on road safety Concerns relating to noise and disturbance Concerns proposal does not align with Scottish Planning Policy, as it would not contribute positively to the community and exacerbates existing pressures Concern of impact on schools Lack of bus services along this section of road 19
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7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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 5 Soils Policy 14 Design, quality and place Policy 15 Local Living and 20 minute neighbourhoods Policy 16 Quality homes Policy 18 Infrastructure first Policy 19 Heating and cooling Policy 20 Blue and green infrastructure Policy 21 Play, recreation and sport Policy 22 Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 1 – Spatial Strategy Policy 2 – Climate Change Policy 5 – Development Management and Placemaking Policy 7 – Community Infrastructure Assessment Policy 16 – Water Environment and Flooding Policy 11 - Housing Policy 12 – Affordable Housing Policy 13 – Green Network and Greenspace Policy 14 – Natural and Historic Environment SLLDP2 Volume 2 Policies Policy SDCC7 - Low and Zero Carbon Emissions from New Buildings Policy SDCC3 - Sustainable Drainage Systems Policy SDCC2 - Flood Risk Policy SDCC4 - Sustainable Transport Policy DM1 – New Development Design Policy NHE18 – Walking, Cycling and Riding Routes Policy DM15 - Water Supply 20
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9. Guidance 9.1. None relevant. 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the erection of 64 dwellings off Meikle Earnock Road. The main issues to be addressed in the determination of this application include the detailed layout, siting, design and an assessment of technical matters. 10.2. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.3. Principle of Development SLLDP2 Policy 1 Spatial Strategy supports the development of the Community Growth Areas (CGAs), this site is located in the Hamilton CGA. SLLDP2 Policy 11 Housing advises development will be supported on sites included in the Housing Land Audit and identified on the proposals map. NPF4 Policy 16 (a) Quality Homes also supports allocated sites. In conclusion, the proposal for housing at this site is suitable in principle. 10.4. Climate Change NPF4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. SLLDP2 Policy SDCC7 requires the use of low carbon technologies. NPF4 Policy 19 Heating and Cooling advises buildings should be designed to promote sustainable temperature management, prioritising matters such as siting, orientation and materials. 10.5. The submitted Energy Statement sets out that where possible, habitable rooms have been directed to south and west, use of air source heat pumps are proposed, and a range of other measures in terms of materials and construction of the proposed dwellings. Technical considerations of the impact on flooding and drainage are considered later in the report, as are impacts on biodiversity, green network and soils. Therefore, overall, the proposal is considered, on balance, to meet the terms of NPF4 Policy 1 and Policy 2 and SLLDP2 Policy 2 and SDCC7. 10.6. Layout, Siting and Design NPF4 Policy 14 - Design, Quality and Place aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design led approach and applying the Place Principle. NPF4 Policy 21 Play, recreation and sport requires proportionate play provision, which is integral to the layout and overlooked. 10.7. SLLDP2 Policy 5 – Development Management and Placemaking advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should include green infrastructure, also promoted by SLLDP Policy 13. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.8. The submitted Statement of Community Benefit (required by NPF4 Policy 16) sets out the proposal would meet local housing requirements by providing adaptable and wheelchair accessible homes which are energy efficient. It also advises that the proposal will provide walking, wheeling and cycling links, including open space and green infrastructure on site. The statement concludes that the proposal will meet local 21
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housing requirements, provide local infrastructure and improve the residential amenity of the surrounding area. 10.9. The initial layout submitted included 58 detached dwellings, all of which included integral garages, resulting in a car dominated layout. During the handling of the application, the layout has been altered to a mix of detached, semi-detached and terraced dwellings. With changes to relocate parking by utilising side parking and rear/mews parking arrangements. Whilst the number of dwellings has increased to 64, this has resulted in a layout with the pedestrian in mind, improved visual amenity of the layout and improved landscaping to the edge of the site. 10.10. The amenity space and play provision are considered to be proportionate to the scale of development and have been designed as an integral part of the layout. The amenity space is located at the entrance of the site and the relocation of parking to the rear means the amenity/play space is well overlooked for passive surveillance, whilst being easily and safely accessible. Details of the play equipment will be sought by condition. Further path connections have been sought and shown on plans to connect into the adjoining existing residential development and the wider paths for the CGA, in line with NPF4 Policy 20 and SLLDP NHE18 relating to walking routes and blue/green infrastructure. 10.11. Whilst the house design finishes and materials proposed are in line with the type of housing in the surrounding area. There has been an increased use in walling and landscaping at key points of the proposal, including those fronting Meikle Earnock. 10.12. These changes support the aims of successful placemaking in South Lanarkshire and the proposal is deemed to meet the terms of NPF4 Policies 12, 14, 20 and 21 and SLLDP2 Policies 5, 13, DM1 and NHE18. 10.13. Infrastructure and Affordable Housing. NPF4 Policy 18 Infrastructure first requires that the impact of development proposals on infrastructure should be mitigated. This includes education, existing and planned transport infrastructure and recreation. The SLLDP2 Policy 7 Community Infrastructure Assessment has guidance relating to this matter under the Community Infrastructure Assessment. 10.14. A cumulative assessment of the Hamilton CGA was undertaken when a Section 75 for the majority of the Community Growth Area was agreed covering topics of affordable housing, education, roads and community infrastructure. Whilst the Section 75 considered the whole of the Community Growth Area this site was not within its legal boundary. Any receipt of contributions to mitigate impact of this development would be in line with the cumulative assessment for the overall CGA. The applicant has suggested that contributions would be provided in the form of a Section 69 legal agreement. 10.15. Sustainable Transport and Local Living. NPF4 Policy 13 Sustainable Transport and NPF4 Policy 15 Local Living seek to promote proposals that encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel. This is a concern which has been raised by representees. 10.16. The Community Growth Area, albeit initiated a number of years ago, was designed with the above concern in mind. As this site is at the edge of the Community Growth Area, by its nature it is likely to be less well served than others. Meikle Earnock Road serves as the main route to local facilities. It has been designed throughout the 22
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development of the CGA to provide segregated and safe walking routes and a cycleway, and to accommodate any re-routed bus route to the Hamilton town centre and local facilities. 10.17. This would position a bus stop on Meikle Earnock Road approximately 200m from the application site once there is sufficient population for a viable service. Within the proposal, there would be paths of sufficient width and gradient to accommodate wheeling. All dwellings would have sufficient space within integral garaging or garden ground for cycle parking. A condition requiring electric vehicle charging points (EVCPs) shall be imposed on any permission granted. 10.18. Overall, given the context of the Hamilton CGA and the design of Meikle Earnock Road, it is considered that the proposal meets the sustainable transport and local living policies, NPF4 Policies 13 and 15 and SLLDP2 Policy SDCC4. 10.19. Biodiversity and Landscaping Policy 3 Biodiversity requires all major proposals will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This site is located on the outer edge of the CGA and the Hamilton settlement boundary and shall provide the defensible green belt boundary. 10.20. An ecological assessment has been submitted concluding there are no protected species on site and including a review of surrounding and existing characteristics which sets out enhancement recommendations to achieve positive effects on biodiversity. 10.21. Technical Matters NPF4 Policy 22 Flood Risk and Water Management seek to ensure that development proposals will not increase the risk of surface water flooding to others or be at risk itself. All rain and surface water shall be managed through sustainable urban drainage (SUDS), SLLDP2 Policies 16 and SDCC3 carry similar aims, and the area of impermeable surface is to be minimised. Existing drainage issues have been raised by representees. 10.22. There is risk of surface water flooding on the northwest corner of the site, which has been taken into consideration in the technical design of the drainage layout. The drainage layout includes an attenuation tank at the northeast corner of the site and the use of swales to treat surface water. Permeable paving has been introduced on driveways and impermeable surfacing reduced. A condition shall be imposed to seek any further detailed technical requirements in relation to drainage. Scottish Water have raised no objections. The proposal meets the terms of NPF4 Policy 22 and SLLDP2 Policies SDCC3 and DM15. 10.23. A suitable vehicular access has been proposed into the site to accommodate private car and service vehicles, such as refuse, and amendments sought to include a footway connection and cycle route crossing point. Suitable parking for each dwelling is included, whilst a condition shall ensure electric vehicle charging points are sought for each dwelling. The proposal meets the terms of NPF4 Policies 12 and 14 and SLLDP2 Policies 5 and DM1. 23
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10.24. Conclusion The site is located in the Hamilton Community Growth Area. As such, the principle of residential development at this site been established. On balance, the loss of the existing dwellinghouse can be accommodated. The design of Meikle Earnock Road can accommodate walking and cycle routes and a possible bus route to provide sustainable links to the site. 10.25. The internal layout provides a focus on the central amenity/play space and the pedestrian. The design of the dwellings fits with the surrounding character and is deemed to meet the terms of NPF4 Policy 14 and SLLDP2 Policies 5 and DM1. Technical aspects in terms of roads, flooding and drainage and servicing have been resolved, meeting NPF4 Policy 22 and SLLDP2 Policies SDCC3 and DM15. The existing biodiversity of the site and surrounding area has been considered and biodiversity enhancement measures identified along with suitable landscaping, in line with NPF4 Policy 3. Contributions to education, roads, community infrastructure and affordable housing shall be sought to mitigate the impact of the proposal. 10.26. Overall, the proposal represents an appropriate form of development and addresses the relevant technical matters. The proposal is acceptable and it is recommended that planning permission is granted subject to conditions and the conclusion of a legal agreement. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant subject to conditions following conclusion of a legal agreement:- 11.2. The legal agreement shall cover subject matters of affordable housing, education, roads and community infrastructure. If not agreed within six months of the decision of Committee, the Planning Authority reserve the right to return to Committee to seek refusal of the application. Conditions 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That prior to any works starting on site the applicant is required to undertake a comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- 24
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Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) Land Contamination Risk Management Guidance (LCRM)– issued by DEFRA and the Environment Agency The latest edition of BS 10175– British Standards institution ‘The Investigation of Potentially Contaminated Sites – Code of Practice’. (a) The Phase 1 investigation indicates potential pollution linkages, and the formulated Conceptual Site Model for these linkages has been subjected to risk assessment. A Phase 2 investigation is required, and following, a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. (b) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council’s written approval of the remediation plan. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 04. That before any work commences on the site a scheme for the provision of equipped play area(s) within the application site shall be submitted to the Council as Planning Authority for written approval and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area(s); and (d) details of the phasing of these works. Reason: To ensure the provision of adequate play facilities within the site. 05. That prior to commencement of works on site relating to any topsoil stripping, ground investigation or earthworks, the applicant shall undertake an invasive weed survey to identify nuisance weeds such as Horsetail. The weed survey and a proposed remediation strategy shall be submitted to and approved in writing by the Council as Roads and Planning Authority and all works shall be progressed in accordance with the agreed remediation strategy. Reason: That no invasive weeds or nuisance weeds are permitted below or within influencing distance of the public road as deemed appropriate by the Council. 06. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Sustainable Drainage Design Criteria and shall include signed appendices as required. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority. 25
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Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on- site and off-site flooding. 07. That prior to any works commencing on site a Construction Phase Traffic Management Plan (CPTMP) shall be submitted and approved in writing by the Council as Planning Authority. Thereafter, all site operations shall be undertaken in accordance with the approved CPTMP. Reason: In the interests of traffic and public safety 08. That prior to any work commencing on the site, a maintenance management schedule for the landscaping scheme and biodiversity enhancement measures shown on approved plans shall be submitted to and approved by the Council as Planning Authority. The schedule shall detail areas to be managed communally i.e. by factoring arrangement and those areas retained under private management. Reason: In the interests of the visual amenity and biodiversity of the area. 09. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council as Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 10. That no development shall commence until pre-construction species surveys are carried out within the development site in accordance with the Preliminary Ecological Appraisal dated 3rd February 2025. Where protected species are found to be present and could be impacted by the development, a species protection plan should be submitted to and approved in writing by the Council as Planning Authority. Reason: In order to retain effective planning control. 11. Prior to the commencement of the development hereby approved (including any demolition and all preparatory work), a scheme for the protection of the retained hedgerow and adjacent soils on the western boundary and retained tree 1038 on tree constraints plan, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure that adequate steps are taken to protect existing hedgerow and trees on the site throughout the period of the proposed building operations. 26
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12. That prior to any works commencing on site an adequate wheel washing facility must be fully operational and any vehicle transporting excavated material on or off the site shall be treated by means of the wheel washing provision. This facility shall be in operation at all times during any earth moving operations and a 'clean zone' should be maintained between the end of the wheel wash facility and the public road to the satisfaction of the Council as Roads and Planning Authority. Reason: To ensure the provision of appropriate facilities on site. 13. That prior to the commencement of any works associated with the development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Council as Roads and Planning Authority and implemented thereafter. This plan should include details of access and parking provision for staff and visitors, intended working hours, the management and storage of deliveries and further information regarding the provision of wheel washing facilities to prevent mud being carried on to the adopted road. For the avoidance of doubt, all vehicular access to/from the development should be via Strathaven Road. Reason: In order to retain effective planning control. 14. That prior to the completion or occupation of the last dwellinghouses within the development, all of the works required for the provision of equipped play area(s) included in the scheme approved under the terms of Condition 04, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area. Reason: To ensure the provision of adequate play facilities within the site. 15. That before the development/last dwellinghouse hereby approved is completed or brought into use, the footway along the frontage of approved drawing MER0-SL-01 Rev N shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: In the interests of traffic and public safety. 16. That before the development hereby approved is completed or brought into use, a driveway access shall be formed of 2m x 20m where there are traffic calming measures and 2m x 35m where there are none. A pedestrian visibility splay of 2.4m by 2.4m from the heel of the footway shall be provided. Reason: In the interests of traffic and public safety. 17. That before the development hereby approved is completed or brought into use, the parking for each dwelling as shown on the approved plans in 3m x 6m modules inclusive of one parking space per dwelling to have EVCP infrastructure and charging unit shall be formed and available for use. Reason: To ensure the provision of adequate parking facilities within the site. 12. Reason for Decision 12.1. The application seeks full planning permission for the erection of 64 dwellinghouses including access roads, landscaping, land engineering operations and associated works including demolition of the existing dwelling. The proposed residential use on an allocated site in the Hamilton Community Growth Area (CGA) is suitable in principle. The detailed proposed layout and design is considered suitable in terms of 27
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the surrounding character of the CGA, placemaking and technical aspects. The proposal meets the terms of Policies 1, 2, 5, 7, 11, 12, 13, 14, 16, SDCC7, SDCC3, SDCC2, SDCC4, DM1, NHE18 and DM15 of the South Lanarkshire Local Development Plan 2 and Policies 1, 2, 3, 5, 12, 14, 15, 16, 18, 19, 20, 21 and 22 of National Planning Framework 4. David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 2025 Background Papers Further information relating to the application can be found online:- P/24/1561 - Erection of 64 dwellinghouses including access roads, landscaping, land engineering operations and associated work, including demolition of existing dwellinghouse. 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 28
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Addendum Specifying Heads of Terms in relation to any relevant legal agreement. Planning Application No. P/24/1561 Development Description Erection of 64 dwellinghouses including access roads, landscaping, land engineering operations and associated work, including demolition of existing dwellinghouse Site Address Land 100M North of Beechfield Manor Meikle Earnock Road Hamilton ML3 8RN Applicant Miller Homes Ltd and Karen Selfridge Date of Committee 19 August 2025 Type of obligation Section 69 Obligations Resource Summary of Required Contributions Community Contributions towards a number of community assets in the area Education Contributions towards education requirements at the following locations:- Woodhead Primary School St Mark’s Primary School Neilsland Primary School Secondary provision in the local area Housing Financial contribution towards the provision/improvement of affordable housing within the surrounding area Roads All necessary roads and transportation improvement works associated with the wider development of the Hamilton Community Growth Area 30
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0018 Proposal: Section 36 Consultation – Development of 98 MW Solar Farm, 100 MW BESS with associated infrastructure and landscaping Site Address: Land at Rogerhill Farm, Kirkmuirhill / Blackwood, South Lanarkshire Applicant: Green Switch Capital Agent: Wardell Armstrong Ward: 4 – Clydeside South Application Type: Electricity notification, Section 36 application Advert Type: None required Development Plan Compliance: Yes Departures: Not applicable Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that any approval issued in respect of this application should be subject to the conclusion of a legal agreement(s) covering 1 Community Contribution Payments 2 An agreement under Section 96 of the Road (Scotland) Act Direction to Scottish Ministers Not applicable 5 31
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1. Reason for Report 1.1 This report relates to a consultation on an application that has been made to the Scottish Government under Section 36 of the Electricity Act 1989 and which in the opinion of the Head of Planning and Regulatory Servies raises issues that have policy implications that are worthy of consideration by the Planning Committee. 2. Site Description 2.1 The application site covers approximately 136 hectares and is located on land at Rogerhill Farm, to the west of Blackwood and Kirkmuirhill with Boghead approximately 1km to the south. The M74 motorway runs along the eastern boundary of the site on an embankment which provides a physical barrier between the proposed Solar Array / BESS and the residential areas. The B7078 Strathaven Road forms part of the southern site boundary. 2.2 Cander Water crosses the centre of the site from south to north, while a further watercourse flows along the eastern boundary to the west of the M74. The site comprises a number of agricultural fields, currently used for livestock grazing. The topography is undulating, as such, views across the whole site are limited. The farmhouse and farm buildings in the applicant’s ownership are located within the centre of the site with access taken from the east via an underpass of the M74. 2.3 There are a number of properties surrounding the site, primarily located on the western boundary. These are located approximately 100m-200m from the site boundary. The houses to the west are accessed by an unnamed road that joins the B7078 to the south of the M74. 2.4 That road is a core path as defined by South Lanarkshire Council. Blackwood House Dovecot (B Listed) is located outwith the site boundary to the west. Upper Nethan Valley Woods Site of Special Scientific Interest (SSSI) and Clyde Valley Woods Special Area of Conservation (SAC) are located to the east of the site, east of Blackwood/ Kirkmuirhill. Cander Moss SSSI is located to the north. 3. Description of Proposed Development 3.1 The proposed development involves a solar farm and Battery Energy Storage System (BESS) along with a range of ancillary infrastructure. The solar farm consists of over 3,600 solar panels which would be located on the central area of the site and would have a generating capacity of 98MW. The panels will be arranged in rows across the site on an east to west alignment facing south to maximise sunlight exposure. The proposed PV panels will be approximately 3m above ground level. 3.2 Each panel is proposed to be orientated in a 15-20 degree angle in a southern direction to maximise sun exposure and arranged with approximately 3m between each row. A series of transformer buildings and substations would be sited in this part of the site. 3.3 The BESS would be located in a self-contained area on the northern side of the access road through Blackwood Estate. It would consist of 48 units and 12 transformers and have a storage capacity of 100MW. Grid and auxiliary transformers would be sited adjacent to the BESS, as well as the client control buildings. A 9m wide x 2m high screening bund will separate it from the solar arrays. The BESS development would be surrounded by a 2m high deer fence. 3.4 All solar panels and associated infrastructure including the BESS units are proposed to have a life span of 40 years, after which all infrastructure will be removed from the site and restored to its original condition. 32
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3.5 The proposed site access arrangements comprise a new priority-controlled T-junction on the B7078 Carlisle Road to the north-eastern boundary of the site and this would serve the northern parcel of the site. Another priority-controlled T-junction would be formed on the B7086 Strathaven Road to serve the southern parcel of land. 3.6 The northern site access arrangements comprise a 6.7m carriageway, with 14m radius on the northern side of the junction and 7m radius on the southern side of the junction. The southern site access arrangements comprise a 4.5m carriageway, with 15m radius on the eastern side of the junction and 8m radius on the western side of the junction. Pedestrian access into the site will not be feasible during construction and operation for health and safety reasons. However, an informal route around the west of the development will be provided. The existing road that serves the wider estate would not be affected during construction. 4. Relevant Planning History 4.1 There is no relevant planning history relating to the proposed development site. 5. Supporting Information 5.1 The applicant has submitted several items of supporting information with the application, as noted below:- Environmental Report Pre-application Consultation (PAC) Report Landscape and Visual Appraisal Report Outline Battery Maintenance Safety Plan Noise Impact Assessment Glint Assessment Report Coal Mining Risk Assessment Climate Change Report Transport Statement Design and Access Statement Flood Risk Assessment Construction Traffic Management Plan Archaeological Desk Based Report 6. Consultations 6.1 The Council is a consultee in the Section 36 application process. The views of other services have been sought and they are summarised below. A summary of the wider consultation responses received by the Scottish Government is also included below, as these may be relevant to the view of the Council. 6.2 Environmental Services - advise that they have no objection to the proposed development subject to the imposition of conditions. Response: The terms of this consultation response are noted. 6.3 Roads Development Management Team – advise that they have no objection to the proposed development, subject to conditions. Response: The terms of this consultation response are noted. 6.4 West of Scotland Archaeological Service – advise that they have no objection to the proposed development and suggest conditions to be attached to any planning permission granted. Response: Noted. 33
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6.5 The consultations undertaken by the Energy Consents Unit of the Scottish Government are listed and summarised below. 6.6 National Air Traffic Service – No objection. 6.7 Historic Environment Scotland – No objection. 6.8 Office for Nuclear Regulation – No objection. 6.9 Ministry of Defence – No objection to the proposed development. 6.10 Glasgow Airport – No objection. 6.11 SEPA – No comment. 6.12 Transport Scotland – No objection to the proposed development subject to conditions. 6.13 NatureScot – No objection to the proposed development subject to conditions. 6.14 Woodland Trust – Object to the proposed development based on potential impact on ancient woodland and veteran trees. 6.15 Scottish Forestry – No objection to the proposed development subject to conditions. 6.16 Blackwood Estate Community Association – Object to the proposed development due to concerns about overall need, adverse visual impact, cumulative impact, road safety, locational need, noise, impact on ecology and biodiversity and risk of flooding. 6.17 Blackwood and Kirkhill Co-Ordination Group – Object to the proposed development due to concerns about overall need, adverse visual impact, cumulative impact, road safety, locational need, noise, impact on ecology and biodiversity and risk of flooding. 7. Representations 7.1 The Energy Consents Unit (ECU) is responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in its assessment of the Section 36 application. It is noted that the ECU website shows 53 representations being received in respect of the application. 8. Development Plan 8.1. The application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989. A planning application is required to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. 8.2 However, for Section 36 applications the Development Plan has the status of a material consideration which is required to be taken into account by the Scottish Ministers in the determination of the application. 8.3 The Council has been consulted in its role as the Planning Authority for the area in which the application site is located and therefore the Council’s response to the consultation request is required to be informed by an assessment against the provisions of the Development Plan. Other material considerations pertinent to the application may also be considered. The Development Plan comprises the South 34
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Lanarkshire Local Development Plan 2 adopted in April 2021 and National Planning Framework 4 adopted by the Scottish Government in February 2023. 8.4. 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 11: Energy Policy 29: Rural Development 8.5. South Lanarkshire Local Development Plan 2 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 18: Renewable Energy Policy RE1: Renewable Energy 9. Guidance 9.1. None relevant. 10. Assessment and Discussion 10.1. This application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it is development with a generating capacity of over 50MW. 10.2 In terms of the adopted National Planning Framework 4, Policies 1 and 2 seek to encourage, promote, and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. Policy 2 ‘Climate Change’ of the SLLDP2 states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The proposals are for a form of renewable energy development and, therefore, intrinsically support minimising the effects of climate change through greener energy generation. 10.3. It is, therefore, considered that the principle of the development accords with Policies 1 and 2 of NPF4 and SLLDP2 Policy 2. 10.4. Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms of renewable energy development. The policy also sets out a range of criteria that proposals should be assessed against to ensure the impact of the project design and mitigation is addressed. In terms of the matters that are within the remit of the Council and relevant to the proposed development, these include:- impacts on communities and individual dwellings, including, residential amenity, visual impact and noise significant landscape and visual impacts 35
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public access, including impact on long distance walking and cycling routes and scenic routes impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts biodiversity including impacts on birds impacts on historic environment 10.5. The adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals found in Policy RE1 Renewable Energy. 10.6 Renewable energy proposals should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy. These are broadly similar to the criteria in NPF4 Policy 11. The SPG recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 10.7 The Development Plan also provides support for renewable energy infrastructure. However, each proposal must be considered on its merits to ensure the location and design of the development is acceptable. An assessment against the relevant criteria is set out as follows:- 10.8 Impact on communities and individual dwellings, including visual impact, residential amenity, glint and glare The site is separated from the settlement of Blackwood by the M74 which for the most part provides a strong visual barrier which prevents long distance views across the site from the settlement. The village of Boghead is also screened from the site by intervening topography and landscape. The residential properties within Blackwood Estate which lie to the immediate west and north-west of the site and some individual properties located along Strathaven Road and Lesmahagow Road, both of which lie to the south side of the site would, however, have a direct view over the proposed development. 10.9 However, some of the former houses do have existing mature trees to their front which act as a filter to these views while the orientation of some properties is not directly towards the site. These properties would experience a high magnitude of change in terms of their existing views because of the proposed development, with the Landscape and Visual Appraisal submitted with the application assessing these changes as “substantial/adverse”. Whilst accepting this assessment, at year 10 of the development and beyond, the establishment of the landscaping measures which form part of the proposed development will progressively filter these impacted views and will assist in assimilating the development into the surrounding landscape. Overtime the magnitude of the impact is predicted to reduce from medium to low with the overall effect being moderate adverse and in time neutral as the landscaping matures. 10.10 In terms of potential impacts arising from glint and glare, supporting information indicates that when consideration is given to the actual visibility of the proposed development from the identified receptors, the potential impact of glint and glare is “none”, even when the current levels of screening are considered. 36
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10.11 The proposed BESS would be sited in a self-contained area screened by existing mature planting and trees. The visual impact of this would be very limited in terms of both views from within the estate (including pedestrians using the right of way) and further afield and this would be further the case when the new planting becomes established. 10.12 Concerns have been raised in the representations made to the ECU about the fire risk associated with BESS. This part of the development is around 1km from the nearest residential properties. In any event, the Health and Safety Executive is the regulatory body for health and safety and Scottish Government advice is that the planning decision making process does not duplicate other regulatory regimes. Nevertheless, the applicants have submitted a Battery Safety Management Plan to the ECU which has been prepared in accordance with guidance that has been published. 10.13 In conclusion, it is considered that the proposed development can be reasonably justified against this criterion. 10.14 Landscape and visual impacts The proposed solar development will cover an extensive area and will introduce a high magnitude of change into the existing pastoral landscape. In contrast as noted above, the BESS would be within a more secluded part of the site enclosed by existing mature landscaping. The planning application has been accompanied by a landscape and visual appraisal (LVA) which concludes that the majority of the landscape and visual effects will be localised to within the site itself and the immediate vicinity. 10.15 This highlights that existing hedges and trees along the field boundaries will be retained and protected during the construction period and additional hedgerow and tree planting is proposed. This would ensure that the development can be integrated into the existing setting as well as maintaining green corridor links and ecological habitats. It is also intended that grazing will continue when the proposed development has been implemented which also serves land management practices. An assessment of the LVA suggests this outcome is reasonable. 10.16 Visual receptors immediately adjacent to the site would initially experience adverse effects including the residents within the Blackwood Estate and the users of the Core Path that runs through the site and accesses these properties. The proposed structures would be set back from the houses with a standoff area being used for habitat creation and additional hedgerow planting to provide further screening. Views from the wider area would be greatly limited by the surrounding vegetation and intervening built development, or they would be distant and the development would be seen as part of wider views which include wind turbines and built development. 10.17 These various considerations indicate that the overall landscape effects of the proposed development on the study area covered within the Landscape and Visual Appraisal would be slight adverse which on balance is considered to fall within acceptable limits. 10.18 Effects on natural heritage, including birds The submitted Environmental Report provides a detailed assessment of the potential impacts of the proposed development within the site and concludes that, with the implementation of the embedded mitigation measures, the proposed development will give rise to no residual impacts and that, as such, no significant effects are predicted on any ecological features as a result of the proposed development. Further to this, the ecological enhancements proposed as part of the development will result in an overall net biodiversity gain when compared to the baseline conditions. 37
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10.19 Effects on hydrology, the water environment and flood risk The site is not located within an area which is identified on the SEPA Flood Map as being at risk from flooding and, as such, the flood risk associated with the proposed development is assessed as being very low. The formal comments from SEPA on the proposed development does not raise any concerns about the proposal. 10.20 Impact of road traffic The proposals include the formation of two new junctions that would serve separately the solar and BESS elements. This means that the existing private road that serves the Blackwood Estate will be uninterrupted during the construction phase. Subject to conditions, the Council’s Roads Service has offered no objection to the proposed development. In addition, Transport Scotland has offered no objection to the proposed development within their consultation response to the Energy Consents Unit. It is therefore concluded that there would be no adverse impacts on the local road network. 10.21 Conclusion In conclusion, it is considered that the proposed development complies with the relevant policies of both the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is recommended that the Scottish Government be notified that the Council has no objections to the application, subject to the conditions set out below and the conclusion of a legal agreement. 11. Recommendation and Conditions 11.1 The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering Community Contribution Payments and an Agreement under Section 96 of the Roads (Scotland) Act. Conditions 01. Except as otherwise required by the terms of this consent and deemed planning permission, the Development shall be undertaken in accordance with the Application, the planning drawings and all documentation lodged in support of the Application Reason: to ensure that the development is carried out in accordance with the approved details. 02. Prior to the commencement of the development the applicant shall provide, for the written approval of the Planning Authority, full details of the mitigation measures to be employed to address the potential impacts associated with glint and glare. These measures should take into account of the matters set out within the “Glint & Glare Assessment Report”, dated February 2024 prepared by RPC Ltd. Reason: In the interests of the amenity of the surrounding area and in the interests of road traffic safety. 38
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03. Prior to the commencement of the development, the applicant shall provide details of the proposed lighting scheme to the Planning Authority for their written approval. These details should include:- A statement setting out the frequency and length of use in terms of hours of illumination. The type of lights, performance, height and spacing of lighting columns. A site survey showing the area to be lit relative to the surrounding area, the existing landscape features together with proposed landscaping features to mitigate the impacts of the proposed lighting. Further to the above submissions, where considered necessary by the planning authority, the applicant must undertake and submit for approval a Lighting Impact Assessment in accordance with the Institute of Lighting Professionals and International Commission on Lighting (CIE) guidance. Reason: In the interests of the amenity of the surrounding area. 04. The applicant shall ensure that audible construction activities shall be limited to, Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday – No audible activity. No audible activity shall take place during local and national bank holidays - without the prior written approval of the planning authority. Under exceptional conditions the above time restrictions may be further varied subject to written agreement with the council as Planning Authority. All works will be carried in accordance with the current BS5228:2009, “Noise control on construction and open sites”. Reason: To safeguard the environmental amenity of the area. 05. Prior to commencing works on site the applicant shall submit, for the approval of the Council as Planning Authority, detailed proposals for the proposed site access points off the B7078 Carlise Road and B7076 Strathaven Road, being formed generally in accordance with the undernoted drawings with a minimum 7.3m wide industrial standard access, appropriate radii with a bituminous surface finish over the first 15m measured from the nearside channel line of the public road with security gates set back the same distance. The design shall show visibility splays for the site entrances to the NCN74 cycle route, road markings (including red textureflex markings highlighting priority for cyclists across the site frontage), with drainage and signage. GM12780-017 (Revision D) – Proposed Site Access Arrangements (Southern Access) GM12780-019 (Revision D) - Proposed Site Access Arrangements (Northern Access). Reason: In the interests of road traffic safety. 06. That a Stage 2 Road Safety Audit together with the Designer’s Response shall be submitted in support of the proposed site access works referred to in Condition 05, all for the written approval of the Council as planning authority. Reason: To all the Council to consider these matters in detail. 39
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07. Prior to the northern access being brought into use, a visibility splay of 2.4m by 215m to the north and 2.4m by 110m to the south, measured from the nearside road channel line, shall be provided onto the B7078 Carlise Road and everything exceeding 1.05m in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of road traffic safety. 08: Prior to the southern access being brought into use, visibility splays of 2.4m by 160m, measured from the nearside road channel line, shall be provided in both directions onto the B7086 Strathaven Road and everything exceeding 1.05m in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of road traffic safety. 09. Prior to the northern access being brought into use, a visibility splay of 2.4m by 47m, measured from the nearside heel kerb line, shall be provided in both directions onto the existing shared use footway/NCN74 and everything exceeding 0.6m in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 0.6m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of pedestrian and cycle traffic safety. 10. 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 the delivery of specialist components and lifting equipment which shall be include details of any modifications required to the public road network. Reason: To allow the Council to consider these matters in detail. 11. That a minimum of four months prior to abnormal loads being moved, the applicant should submit for the approval of the Council, as Technical Approval Authority, reports covering Principal Inspections and Bridge Assessments all undertaken in accordance with the Design Manual for Roads and Bridges for all Council owned roads structures over which the abnormal loads and lifting equipment will travel. Reason: To allow the Council to consider these matters in detail. 12. Prior to the movement of any abnormal loads the applicant shall lodge a Bridge Bon with the Council as Planning and Roads Authority, whereby the value of the Bond shall be determined by the Roads Authority. Reason: To allow the Council to effective control over this matter. 13. Prior to any 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:- 40
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a. Routing for all HGVs and specialist deliveries from the M74. b. Programme and anticipated monthly vehicle movements by type. c. programme of movement for first abnormal load (including heavy lifting equipment). d. Arrangements to ensure safety of existing pedestrians and cyclists using the NCN74 passing the northern access which shall remain open for the duration of the site construction works. e. Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including details of monitoring procedures. f. Details of all temporary construction direction signage. g. Provision of emergency vehicle access. h. Wheel washing arrangements. i. On-site car parking for construction vehicles. j. Delivery and laydown space and turning area to ensure that all vehicles enter and leave the site in a forward gear. k. Stipulation that the private Carlise Road/Draffen Road connecting the B7078 and B7086 shall not be used for construction access. l. Public relations strategy for publishing the timing of abnormal load movements. m. 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, 14. That prior to works commencing on site the applicant shall undertake a roads dilapidation survey for the B7078 Carlise Road and B7086 Strathaven Road live carriageway for 50m either side of the proposed 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. 15. That the applicant shall be responsible for repairing damage identified through the dilapidation surveys that are attributable to their operations and undertake all necessary repairs within timescales stipulated by the Council as Roads Authority. Reason: To ensure that the cost of any required repairs is covered by the applicant. 16. No development shall commence unless and until a decommissioning, restoration and aftercare strategy has been submitted to and approved in writing by the Planning Authority. The strategy shall include measures for the decommissioning of the Development, restoration and aftercare of the site and will include, without limitation, proposals for the removal of the above ground elements of the Development, confirmation of the status of subterranean elements of the development (retention, removal, or other such proposal), the treatment of ground surfaces, the management and timing of the works and environmental management provisions. Reason: To ensure the satisfactory restoration of the site. 17. No later than twelve months prior to decommissioning of the Development or the expiration of this consent (whichever is the earlier) a detailed decommissioning, restoration, and aftercare plan, based upon the principles of the approved decommissioning, restoration, and aftercare strategy, shall be submitted to the Planning Authority for written approval. The detailed decommissioning, restoration and aftercare 41
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plan will provide updated and detailed proposals for the removal of above ground elements of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions. It should include (but shall not be limited to):- (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration, and aftercare phases); (b) details of the formation of new features required to facilitate the decommissioning and restoration including but not limited to the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) sewage disposal and treatment; (i) temporary site illumination; and, (j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays. Reason: To ensure the satisfactory reinstatement of the site. 18. The Development shall be decommissioned, site restored, and aftercare thereafter in accordance with the detailed decommissioning, restoration and aftercare plan as approved, unless otherwise agreed in writing in advance with the Planning Authority. Reason: To ensure the satisfactory reinstatement of the site. 19. No development shall commence unless and until a Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall contain details of:- (a) site construction traffic routes and management; (b) working hours; (c) dust suppression measures; (d) noise control measures; and, (e) surface water run-off control measures; The Development shall be implemented in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. 42
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Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the application, or as otherwise agreed, are fully implemented. 20. Prior to works commencing on site the applicant shall provide for the written approval of the Council as Planning Authority, full details of the proposed landscaping works associated with the proposed development. Reason: To allow the Council to consider these matters in detail. Reasons for Decision The proposed solar and BESS are considered acceptable; are not considered to have any significant, adverse impact within the surrounding area; and accord with National Policy and the relevant provisions of the Development Plan and allow a consultation response of no objection being made to the Scottish Government subject to the imposition of the attached, recommended environmental and transportation conditions. David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 2025 Background Papers Further information relating to the application can be found online on the Energy Consents Unit website:- Scottish Government - Energy Consents Unit - Application Details 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 43
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0367 Proposal: Construction and Operation of Battery Energy Storage System (BESS) with a capacity of 40MW and associated infrastructure and landscaping Site Address: Land 290m WSW of Gilbertfield Farm, Gilbertfield Road, Cambuslang Applicant: GPC 678 Ltd Agent: AAH Planning Consultants Ward: 10 – East Kilbride East Application Type: Full Advert: Rutherglen Reformer, 16th April 2025 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Planning Permission Legal Agreement: None Direction to Scottish Ministers N/A 6 45
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1. Reason for Report 1.1 This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the South Lanarkshire Council Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1 The site lies approximately 380m to the south of the settlement edge of Cambuslang and comprises a roughly triangular area of rough grassland, extending to approximately 1.9ha in area and bounded on all sides by open farmland. The site was formerly a farm steading but it has been abandoned with some of the original buildings in a derelict state. 2.2 The land and surrounding area is generally flat and there is an intermittent hedgerow along the northern boundary of the site. Gilbertfield Castle (a scheduled monument) is located approximately 250m to the east of the site. There is an existing access to the site along an unmade access track from the residential area to the north. 3. Description of Proposed Development 3.1 The proposed development involves the creation of a Battery Energy Storage system (BESS) with a capacity of 40MW. It would consist of battery storage units arranged in two rows, one parallel to the site’s southern boundary and the other parallel to the site’s eastern boundary. The containers have an overall height of 2.89m and would be finished in metal cladding. Other ancillary development associated with the proposal includes:- A series of Power Conversion Units Auxiliary Transformer Unit Distribution Network Operator (DNO) Substation Building Substation On-site car parking Security fencing with associated CCTV Landscaping 3.2 Access to the site would be via the existing farm track which would be upgraded to accommodate the vehicles that would serve the site. 4. Relevant Planning History 4.1 A planning application (P/20/0548) to demolish the farm buildings and the erection of 15 houses was refused planning permission on 29 March 2023. 5. Supporting Information 5.1. The applicants have submitted several supporting documents with the application as set out below:- Noise Impact Assessment Preliminary Ecological Appraisal Historic Environment Impact Assessment Transport Statement Coal Mining Risk Assessment Mineral Resource Assessment Pre-application Consultation (PAC) Report Preliminary Roost Assessment 46
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Landscape and Visual Assessment FRA and Surface Water Drainage Strategy Community Wealth Building Plan Planning Statement/Design and Access Statement 6. Consultations 6.1 Environmental Services – no objection subject to conditions relating to noise. Response: Noted. 6.2 Roads, Transportation and Fleet Services (Development Management) – Following the submission of revised information have no objection. Response: Noted. 6.3. West of Scotland Archaeology Service (WoSAS) – no objection to the proposed development subject to conditions dealing with site investigation works. Response: Noted. 6.4 Historic Environment Scotland – no objection to the proposed development. Response: Noted. 6.5 Scottish Power Energy Networks – no objection to the proposed development. Response: Noted. 7. Representations 7.1 Following the statutory period for neighbour notification and publicity, a total of 201 letters of objection to the proposed development have been received, together with 1 letter of support. 7.2 The issues raised within the submitted letters of objection are as follows:- Disturbance to adjacent residential areas during the construction of the proposed development Adverse impact upon the local landscape Adverse impact arising from potential fire risks associated with the operation of the development Adverse impacts on the adjacent residential areas arising from noise associated with the operation of the development Negative impacts on house prices Lack of consideration to more appropriate alternative locations for the proposed development 7.3 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. 47
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National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 8.3. South Lanarkshire Local Development Plan 2 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) 10. Assessment and Discussion 10.1. Introduction Under the terms of this application, full planning permission is sought for the development and operation of a battery energy storage system (BESS), with a capacity of 40MW. 10.2 The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.3 Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. The operation of a BESS facility would provide the electricity grid with additional storage capacity, flexibility and resilience and it is recognised that this would generally support the electricity network to rely on further renewable sources of electricity, which are generally more volatile in output than legacy means of energy generation. 10.4 With regards to energy infrastructure, NPF4 Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies including wind farms, enabling works and energy storage. Proposals will only be 48
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supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. Project design and mitigation should address matters including the impact upon landscape, amenity, the environment, biodiversity, road networks and similar matters. SLLDP2 Policies 18 and RE1 also generally support renewable energy infrastructure developments, requiring proposals to take account of relevant guidance. 10.5 Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt and includes essential infrastructure. Renewable energy infrastructure falls within the definition of essential infrastructure. 10.6 SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the Green Belt is to direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. Policy GBRA2 – Business Proposals within the Green Belt identifies appropriate development types and this includes renewable energy. 10.7 In view of the above, the principle of the proposed development is therefore acceptable in this case. 10.8 NPF4 Policy 8 then goes on to set out criteria that development proposals within a green belt designation must meet if they are to be supported:- reasons are provided as to why a green belt location is essential and why it cannot be located on an alternative site outwith the green belt; the purpose of the green belt at that location is not undermined; the proposal is compatible with the surrounding established countryside and landscape character; the proposal has been designed to ensure it is of an appropriate scale, massing and external appearance, and uses materials that minimise visual impact on the green belt as far as possible; and there will be no significant long-term impacts on the environmental quality of the green belt. 10.9 Specific locational requirements The applicant has provided locational justification for the proposal. This states that it needs to be located within proximity of a grid connection point (GCP) that has sufficient capacity to import and export power. In this case the nearest connection point is the Giffnock Grid Supply Point approximately 5.5km to the north of the site. A site assessment exercise that was carried out has also been provided. It explains that 19 potential sites were assessed using a variety of criteria. 13 of the sites were discounted because of the unwillingness of the landowner to proceed. A further 5 sites were not progressed due to issues such as access constraints and allocation of the land for other purposes. 49
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While this position is noted, each planning application must be considered on its merits. In that respect the circumstances that have led to the current application can only give limited weight in the assessment of the proposals. In addition, the distance to the proposed grid connection point is considerable and it is contended that other more appropriate sites will be available that are closer to a GCP. 10.10 Landscape and visual impacts The application is supported by a Landscape and Visual Assessment (LVA). It states that the surrounding area is degraded due to the introduction of manmade elements. It concludes that there is a low susceptibility to change and can accommodate the development while retaining existing elements and features. In addition, it states that there are limited views of the site and that visual receptors are low in number and sensitivity. Planting is proposed that would mitigate any impacts in the longer term. Whilst the terms of this LVA are noted, it is considered that by its very nature and location, the proposed development will constitute an obtrusive and discordant feature within the local landscape, particularly when viewed from a range of publicly accessible viewpoints. While the site is set back from the settlement edge it would remain visually prominent from a number of viewpoints, especially from the north where the site is in close proximity to a number of neighbouring houses. Further, the site is unrelated to any existing landscape features which would assist in terms of creating a contextual basis for the proposed development. The proposed landscaping would take some time to begin to limit the visual appearance of the proposal. As a result, it is considered the proposal would have an adverse and detrimental impact on the visual character and amenity of the area. It is considered that there would be an adverse impact upon the residential amenity of the established residential estates as a result of the proximity, scale and nature of this proposal. In summary, the proposal would not suitably integrate with the existing area, and the proposed containers, structures and associated equipment would not respect the character or setting of the environment in which they are proposed to be located. The site could not be fully screened to adequately mitigate these concerns, and there are significant concerns with regards to the impact upon the amenity of neighbouring residents. It is therefore considered that the proposal would not comply with the development plan with respect to its design, siting or layout. 10.11 Design, scale and massing In terms of design the proposed development, visually, would comprise of the siting of containers, similar in design to shipping containers, together with associated structures and equipment. The containers would be positioned within open farmland. Their appearance would be out of keeping with the rural character of the area and, due to their visibility across open farmland, would detract from the residential amenity of the locality. By its nature this would represent an inappropriate form of development within a sensitive Green Belt location and would adversely affect the visual amenity of the area and the outlook for residents to the north of the site. In view of the above it is not considered that the criteria in Policy 8 have been met and therefore the proposal does not accord with policy in the Green Belt in the development plan. 50
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10.12 Other planning considerations The Council’s Renewable Energy Supporting Planning Guidance (2021) recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. An assessment in relation to the criteria relevant to this proposal is set out as follows:- Impact on the historic environment. Whilst located in close proximity to Gilbertfield Castle, which is a scheduled ancient monument, the advice from both Historic Environment Scotland and WoSAS is that the proposed development will not have an adverse effect on either the monument itself or its setting. Impact on carbon rich soils, deep peat and priority peatland habitat (CCP) The supporting information submitted with the application is considered sufficient to demonstrate that the proposed development will have no adverse impact upon any important soils related assets. Economic benefits Policy 11 of NPF4 states that proposals for new energy development will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. The application is supported by a Community Wealth Build Plan (CWBP) which indicates that the overall capital expenditure of the proposed development is estimated at £23.3 million. The Plan also states that the proposed development is expected to make annual business rate contributions in the order of circa £116,000. However, it advises that due to the specialist nature of the construction works, national tier-one main contractors will be engaged to deliver the development. Whilst noting that it is advised that these contractors will utilise local supply chain partners wherever possible, this is clearly something that is beyond the ability of the applicant to control. Furthermore, the Plan provides no guarantees that any of the on- site construction workers will be locally based. Beyond the construction phase, the proposed development will be unstaffed, with the “maintenance” of the facility producing no measurable local benefits. In view of these various factors, it is considered that the economic benefits associated with the proposed development provide little if any support for the application. Scale of contribution to renewable energy targets Whilst in and of itself, this proposed development does not produce any renewable energy, it is accepted that BESS proposals form an integral component part of the overall mix of renewable energy technologies which are required to ensure the delivery of the national renewable energy targets. Effects on greenhouse gas emissions It is accepted that whilst the proposed development does not itself have a direct impact on the reduction of greenhouse gas emissions, through its inter-relationship with other forms of renewable energy generation, it will contribute towards the reduction of this form of emission. 51
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Impact on communities and individual dwellings For the reasons set out above it is considered that the proposed development will have an adverse effect on the visual amenity of those existing residential properties which are located to the north of the site. It is considered that any noise related issues associated with the operation of the proposed development could be suitably controlled by condition in the event of planning permission being granted. Objectors have raised concerns about the fire risk associated by BESS proposals, however, this is not a material planning consideration. Impact on public access During its construction phase, the proposed development has the potential to have an adverse impact on the usage of core paths albeit that these impacts could be minimised by way of a suitably worded planning condition in the event of planning permission being granted. Impact on road traffic and trunk roads The Roads service originally objected to the application based upon the uncertainty over the ability of the access track to accommodate HGV traffic and the lack of adequate passing places and also due to the potential requirement for a retaining feature to be installed adjacent to the public road. However, following the submission of further information this objection has now been removed. Decommissioning and restoration In the event of planning permission being granted in respect of this application, the decommissioning and restoration requirements relating to this development can be controlled by condition including the requirement for a restoration bond. Mitigation In the event of planning permission being granted, any required mitigation measures could be controlled by condition. 10.13 Conclusion It is recognised that energy storage is an important part of the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including battery storage. It is also recognised that whilst the generation of electricity from batteries is not in itself a renewable source of energy, Scottish Ministers have previously regarded BESS developments as essential infrastructure due to their provision of energy storage, and the added flexibility and resilience they provide for the wider electricity network. However, for the reasons noted above, it is considered that the use of a site within the designated Green Belt for this development has not been sufficiently justified and, as such, the proposal would represent the unjustified development of a Green Belt site due to a specific locational need not being demonstrated and the adverse impact on the character and visual amenity of the surrounding area. In addition, it has not been shown that proposals would maximise net economic impact, including local and community socio-economic benefits such as employment. Accordingly, it is recommended that the planning application be refused. 52
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11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 1: The proposed development is contrary to Policy 18 – Renewable Energy of the adopted South Lanarkshire Local Development Plan 2 (SLLDP2) as the proposals cannot be justified against the terms of the relevant assessment criteria and that accordingly, the proposed development is also considered to be contrary to the terms of Policy 4 – Green Belt and Rural Area of the SLLDP2. 2: The proposed development is contrary to Policy 8 – Green Belts of National Planning Framework 4 as the proposed development cannot be reasonably justified against the relevant requirements of part ii) of the Policy. 3: The proposed development would have an adverse impact upon the level of visual amenity which is currently enjoyed by those existing residential properties which lie to the north of the site and it would not result in local and community socio-economic benefits such as employment. As a result, it does not comply with Policy 11 of NPF4. David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 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=STZABROPL4A00 Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information: If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 53
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0492 Proposal: Construction and Operation of the Hagshaw Energy Cluster, Western Expansion comprising 18 Wind Turbines, Solar Voltaic Panels, Short Duration BESS and Long Duration BESS and associated infrastructure (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Land at Dungavel Forest (South Lanarkshire) and Burnfoot Farm/Linburn Farm, north of Muirkirk (East Ayrshire) Applicant: Spirebush Ltd (a 3R Energy Solutions (3R Energy) group company) Agent: SLR Consulting Ward: 5 – Avondale and Stonehouse Application Type: Construction and Operation Wind Farm, Solar Farm and BESS/LDES with capacity of circa 415 MW (Section 36 Consultation). Advert Type: None Required Development Plan Compliance: Yes Departures: N/A Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that any approval issued in respect of this application should be subject to the conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments 2. An agreement under Section 96 of the Road (Scotland) Act Direction to Scottish Ministers N/A 7 55
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1. Reason for Report 1.1 This report relates to a consultation on an application that has been made to the Scottish Government under Section 36 of the Electricity Act 1989 and which in the opinion of the Head of Planning and Regulatory Servies raises issues that have policy implications that are worthy of consideration by the Planning Committee. 2. Site Description 2.1 The application site in total comprises an area of around 965 hectares (ha), split into two main development areas connected by the B743. The proposed wind turbines and associated infrastructure are in the northern development area wholly within South Lanarkshire while the proposed solar panels and long duration energy storage (LDES) and associated infrastructure are in the southern development area wholly within East Ayrshire. 2.2 The northern development area extends to approximately 750ha and is located within the western and southern parts of the commercial coniferous Dungavel Forest plantation, bounded to the north and east by the operational Dungavel and Kype Muir Wind Farms, to the south by the consented Bankend Rig 3 wind farm and to the west by the B743. 2.3 Several farmhouses and other residential properties lie within, and in proximity to, the site boundary, all of which are in the ownership of the principal landowner partners for the proposed development. Further afield, lie the settlements of Gilmourton (c5.2 km), Drumclog (c.5.3 km), Sandford (c7.2 km), Coalburn (c.7.5 km), Glespin (c.8.3 km), Strathaven (c.8.3 km), Lesmahagow (c.9.0 km) and Douglas (c.10.1 km). These distances are to the nearest proposed turbine location. 2.4 The southern development area is principally located on the Netherwood Farm landholding, including parts of Burnfoot Farm and Linburn Farm, approximately 1.4km (at its closest point) to the north of Muirkirk in East Ayrshire. It extends to approximately 204ha and comprises rough grassland principally used for silage and grazing cattle and sheep, with woodland fringes. 2.5 Part of the proposed development site overlaps with the north-eastern extent of Muirkirk and North Lowther Special Protection Area (SPA) and Site of Special Scientific Interest (SSSI). 3. Description of Proposed Development 3.1 The application has been made to the Scottish Government under Section 36 of the Electricity Act 1989 for the erection of a Battery Energy Storage System (BESS). The application has been made to the Energy Consents Unit within the Scottish Government which is responsible for the administration of the process including carrying out the necessary publicity and consultation and the decision-making process. The Council (along with East Ayrshire Council) is a statutory consultee in this process and not the Consenting Authority. 3.2 The Proposed Development comprises approximately 415 megawatts (MW) of renewable energy generation and energy storage output capacity, including:- approximately 130 MW wind energy approximately 60 MW solar energy approximately 25 MW short duration BESS approximately 200 MW long duration BESS 56
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3.3 The proposed wind turbines will be sited in the northern development area, which lies within South Lanarkshire and the proposed solar panels and long duration BESS will be sited in the southern development area which lies within East Ayrshire. Short duration BESS options are proposed in both the north and south areas. 3.4 As is noted above, only the northern section of the site falls within South Lanarkshire and it is within this area that the proposed turbines would be located. This element of the proposed development comprises up to 18 wind turbines as well as associated infrastructure. Seventeen turbines will to be up to 230m maximum blade tip height and one turbine (T06) up to 200m maximum blade tip height. Each turbine will have a generating capacity of up to c7.2 MW and a rotor diameter up to 163m. 3.5 Several ancillary development components are also proposed, including: four construction compounds and turbine laydown area; hardstanding’s adjacent to the wind turbines for construction, maintenance and decommissioning cranes; access tracks; underground cables between turbines; maintenance building with welfare facility; and three borrow pit search areas. 3.6 The Proposed Development is currently contracted to be connected to the wider electricity network via the Redshaw Transmission Substation to the south-east of the site for which planning permission was granted by the Planning Committee in September 2025. There is presently a grid connection date of July 2028. 3.7 There are two routes for abnormal loads to the site presently being considered for the Proposed Development. Route Option 1 would be taken from Junction 11 (Poniel) of the M74, through the existing Hagshaw Energy Cluster to join the A70 east of Muirkirk. Vehicles would then follow the A70 west through Muirkirk, then turning right (north) just west of Smallburn using the site entrance to the former Burnfoot Moor Opencast Coal Site and following the existing tracks through and along the edge of forestry land, to join the B743 and continuing north entering the site at Access Point A. 3.8 The second route would leave the M74 trunk road at Junction 8 (Canderside Toll) and travel west along the A71, travelling around the settlement of Stonehouse, leading to Strathaven. Vehicles would then turn left (south-west) onto the B743 for approximately 13.5km where they would turn left (east) into the site at Access Point A. It is proposed that lighter goods vehicles and personnel vehicles will also be able to access the Proposed Development site from the two existing entrances into Dungavel Forest on the B743. 4. Relevant Planning History 4.1 None. 5. Supporting Information 5.1. The applicants have submitted several supporting documents with the application as set out below:- Pre-Application Consultation Report Planning Statement Economic and Community Impact Report Environmental Impact Assessment Report 57
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6. Consultations 6.1 The Council is a consultee in the Section 36 application process. The views of other services have been sought and they are summarised below. A summary of the wider consultation responses received by the Scottish Government is also included below, as these may be relevant to the view of the Council. 6.2. Environmental Services – offered no objection subject to conditions relating to noise. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 6.3. Roads, Transportation and Fleet Services (Development Management) – have offered no objection subject to conditions. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 6.4. West of Scotland Archaeology Service (WoSAS) – offered no objection to the proposed development subject to conditions. Response: Noted and the suggested condition will be included within the recommended consultation response to the Scottish Government. 6.5 The wider consultation responses submitted directly to the ECU are listed and summarised below. 6.6 Scottish Water – No objection to the proposed development. 6.7 Prestwick Airport – Holding objection pending the submission of additional information to address highlighted points of concern. 6.8 NATS – Objects to the proposed development based upon adverse impacts upon the operation of Prestwick Airport. 6.9 BT – No objection to the proposed development. 6.10 Glasgow Airport – Have requested additional information to allow them to fully assess the potential impact of the proposed development. 6.11 Edinburgh Airport – No objection to the proposed development. 6.12 Defence Infrastructure Organisation – No objection to the proposed development subject to conditions. 6.13 Transport Scotland - No objection to the proposed development. 6.14 BHSS - No objection to the proposed development. 6.15 Scottish Forestry – No objection to the proposed development. 6.16 Historic Environment Scotland HES – No objection to the proposed development. 6.17 SEPA – No objection to the proposed development. 7. Representations 7.1. The Energy Consents Unit (ECU) is responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in its assessment of the Section 36 application. It is noted 58
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that the ECU website shows 3 representations being received in respect of the application. 8. Development Plan 8.1 The application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989. A planning application is required to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. However, for Section 36 applications the Development Plan has the status of a material consideration which is required to be taken into account by the Scottish Ministers in the determination of the application. 8.2 The Council has been consulted in its role as the Planning Authority for the area in which the application site is located and therefore the Council’s response to the consultation request is required to be informed by an assessment against the provisions of the Development Plan. Other material considerations pertinent to the application may also be considered. The Development Plan comprises the South Lanarkshire Local Development Plan 2 adopted in April 2021 and National Planning Framework 4 adopted by the Scottish Government in February 2023. 8.3. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 8.4. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy 9. Guidance 9.1. South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 59
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10. Assessment and Discussion 10.1. Introduction This application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it is development with a generating capacity of over 50MW. In this instance South Lanarkshire Council is a consultee to the application process and is not the Consenting Authority. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997 all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. However, in this instance the application is made under the Electricity Act 1989 and not the Planning Act and therefore the Development Plan does not have the primacy it normally would for planning decisions, but it is still an important material consideration in this instance and informs the Council’s consultation response. 10.2 National Planning Framework 4 (NPF4) sets out the long-term vision for the 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. 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 Mitigation 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 would assist in terms of the generation of renewable energy to enable the decarbonisation of Scotland’s electricity supply and meet Net Zero targets. As such, it is considered that the proposed development is intrinsically linked to renewable energy generation and supports the general principles set out in NPF4 Policies 1 and 2, in addition to Policy 2 – Climate Change of the adopted South Lanarkshire Local Development Plan 2. 10.4 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. 10.5 The policy also sets out a range of criteria that proposals should be assessed against to ensure the impact of the project design and mitigation is addressed. In terms of the matters that are within the remit of the Council as a consultee on the application, these include:- impacts on communities and individual dwellings, including, residential amenity, visual impact, noise and shadow flicker significant landscape and visual impacts public access, including impact on long distance walking and cycling routes and scenic routes impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts 10.6 In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals found in Policy RE1 Renewable Energy. Renewable energy proposals 60
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should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy. These are broadly similar to the criteria in NPF4 Policy 11. The SPG recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 10.7 The application is supported by a Landscape and Visual Impact Assessment (LVIA) which identifies the likely significant effects arising from the proposed development. The site of the turbines is not located in or near to an international or national landscape designation. The proposed turbines and associated infrastructure would be located within the Rolling Moorland Forestry landscape character type. This is broadly characterised as rolling moorland rising to form rounded hill summits comprising largely of commercial forestry plantation. The nearest settlements are Muirkirk, Gilmourton, Drumclog and Strathaven located to the north-east. There are numerous existing wind farms nearby comprising Dungavel, Kype Muir and Kype Muir Extension to the north-east and Bankend Rig to the south-west of the northern development area as well as several consented schemes consisting of Mill Rig and Bankend Rig II to the west. 10.8 The LVIA found all effects on landscape character during the construction, operation and decommissioning phases are either contained within the site or its immediate vicinity. As such, they are considered to be localised. An assessment of effects on visual amenity that would be experienced during the construction, operation and decommissioning phases found that during operation there would be a significant effect experienced at Drumclog, Cairn Table and Loudoun Hill. A residential visual amenity assessment of residential properties within 2km of the proposed turbines concluded that some of the properties would experience a significant effect from the property, its curtilage or its access but none would experience an overbearing or overwhelming effect. Significant visual effects would be experienced by receptors on several core paths in the vicinity of the Proposed Development while significant effects would be experienced over an approximate 3.2km section of the B745 to the south of Drumclog, over approximately 9.7km of the B743 when travelling northwards or over approximately 7.3km when travelling southwards and over an approximate 4km stretch of the minor road that passes through the southern development area. In terms of cumulative effects, when other consented and in-application wind farms are considered, the effects introduced by the Proposed Development to the Rolling Moorland landscape character type would no longer be significant. The existing operational schemes within the vicinity of the turbines have already had a characterising effect on Rolling Moorland Forestry landscape character type. The Proposed Development would fit with the established pattern of wind energy development and would consolidate the existing effects on landscape character that have already been brought about by these other schemes and would not extend these effects beyond the extent already introduced by the other schemes. The addition of the turbines would not introduce a significant cumulative visual effect nor would it result in the overall cumulative visual effect of wind turbines being dominant or oppressive in views experienced within the surrounding area. 10.9 Having considered the LVIA on balance it is considered that the proposed development will give rise to no unacceptable or overriding landscape or visual effects that would preclude the successful implementation of the proposed development. 61
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10.10 In terms of the road traffic implications of the proposed development, the Council’s Roads Service has sought further information from the applicant. The nature of this information is such that it can be addressed by condition and, as such, on balance it is considered that the proposed development will not give rise to any adverse impacts upon the surrounding road network. 10.11 It is noted above that NATS and Prestwick Airport have objected to the application on the grounds of the impact of the turbines on air safety. Glasgow Airport have asked for further information to be submitted to address this matter. The applicants are in discussion with these parties to reach agreement on a radar mitigation scheme. This matter is one for the Energy Consents Unit to address as part of their decision making process. The draft list of conditions that form the basis of this recommendation includes a suspensive one requiring a mitigation scheme to be in place before any work starts on the proposed windfarm. This is a common approach and therefore it is not considered that this issue itself is sufficient to justify an objection on the wider proposals. 10.12 The wider development proposal includes a solar farm and long duration energy storage system within East Ayrshire. Based on the information submitted with the application it is not considered these elements of the scheme would have an adverse impact on South Lanarkshire in terms of landscape character and impact, residential amenity and road safety. In addition, discussion with officers in East Ayrshire Council indicate a report will be presented to a committee later this year recommending no objections to the solar farm and LDES. 10.13 Conclusion In conclusion, it is considered that the proposed development complies with the relevant policies of both the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is recommended that the Scottish Government be notified that the Council has no objections to the application, subject to the conditions set out below and the conclusion of a legal agreement. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments 2. An agreement under Section 96 of the Road (Scotland) Act Conditions:- 01. Except as otherwise required by the terms of this consent and deemed planning permission, the Development shall be undertaken in accordance with the Application, the planning drawings and all documentation lodged in support of the Application. 62
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Reason: to ensure that the development is carried out in accordance with the approved details. 02. The cumulative day time noise (7am to 11pm) from the wind turbines shall not exceed a noise level of 40dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10m height as measured within the site. This is based on the cumulative projections contained within the supporting Noise Impact Assessment (NIA). This is based on the figures as derived from the NIA and the supporting appendices submitted specific to the development to meet the conditioned cumulative limits. The following supporting tables shall be adhered to – Table 9.11 - LA90, day-time site-specific derived noise limits applied to the Proposed Development in isolation Table 9.11 – Predicted Operational Noise Levels (dBLA90,10min) Daytime Period (07:00 – 23:00) NSR ID 5 m/s 6 m/s 7 m/s 8 m/s 9 m/s 10 m/s 11 m/s 12 m/s NSR1 24.8 24.8 24.8 24.8 24.8 24.8 24.8 24.8 NSR2 26.8 26.8 26.8 26.8 26.8 26.8 26.8 26.8 NSR3 26.8 26.8 26.8 26.8 26.8 26.8 26.8 26.8 NSR4 (FI) 33.0 33.0 33.0 33.0 33.0 33.0 33.0 33.0 NSR5 29.1 29.1 29.1 29.1 29.1 29.1 29.1 29.1 NSR6 19.8 19.8 19.8 19.8 19.8 19.8 19.8 19.8 NSR7 27.6 27.6 27.6 27.6 27.6 27.6 27.6 27.6 Cognisance shall be given to the derived Residual Noise Limits (RNLs) (from Table 9.9) of the NIA This shall take account of the Hagshaw Energy Cluster Western Expansion Volume 4 -Technical Appendices 9.2 - Total LA90 noise levels (including topography corrections) from all cumulative developments. Where the available headroom has been used within the cumulative noise limits, the Hagshaw development shall be set 10 dB or more below that permitted limit to be generated by the existing cumulative developments. Reason: In the interests of the amenity of the surrounding area. 03. The cumulative night time noise (11pm to 7am) from the wind turbines shall not exceed a noise level of 43dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10m height as measured within the site. This is based on the cumulative projections contained within the supporting noise impact Assessment. 63
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This is based on the figures as derived from the NIA and the supporting appendices submitted specific to the development to meet the conditioned cumulative limits. The following supporting tables shall be adhered to – Night-time Period (23:00 – 07:00) NSR ID 5 m/s 6 m/s 7 m/s 8 m/s 9 m/s 10 m/s 11 m/s 12 m/s NSR1 26.1 26.1 26.1 26.1 26.1 26.1 26.1 26.1 NSR2 28.4 28.4 28.4 28.4 28.4 28.4 28.4 28.4 NSR3 28.7 28.7 28.7 28.7 28.7 28.7 28.7 28.7 NSR4 (FI) 36.9 36.9 36.9 36.9 36.9 36.9 36.9 36.9 NSR5 30.9 30.9 30.9 30.9 30.9 30.9 30.9 30.9 NSR6 19.9 19.9 19.9 19.9 19.9 19.9 19.9 19.9 NSR7 27.7 27.7 27.7 27.7 27.7 27.7 27.7 27.7 Cognisance shall be given to the derived Residual Noise Limits (RNLs) (from Table 9.9) of the NIA. This shall take account of the Hagshaw Energy Cluster Western Expansion Volume 4-Technical Appendices 9.2- Total LA90 noise levels (including topography corrections) from all cumulative developments. Where the available headroom has been used within the cumulative noise limits, the Hagshaw development shall be set 10 dB or more below that permitted limit to be generated by the existing cumulative developments (See Note 1). Reason: In the interests of the amenity of the surrounding area. 04. The cumulative noise immissions (at any time) from the wind turbines must not exceed a noise level of 45dB LA90,10min or background LA90,10min +5dB, whichever is the greater, at the boundary of the curtilage of any financially involved noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10m height as measured within the site. A financially involved receptor subject to this condition refers solely to Noise Sensitive Receptor 4 (Glengavel House) that has a legal agreement with the noise sensitive receptor. Headroom from other financially involved receptors without such agreements is not available for the development. Reason: In the interests of the residential amenity of adjacent properties. 05. Noise limit values consistent with those specified in Table 9.9 – Derived Residual Noise Limits (RNLs) of the Noise Impact Assessment may be considered acceptable for Conditions 02, 03 and 04. Acceptance is contingent upon confirmation that the proposed turbines comply with these limits and receive approval from the Planning Authority. Reason: To enable the Council to retain effective control. 64
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06. Where the tonal noise emitted by the development exceeds the threshold of audibility by between 2dB and 6.5dB or greater, then the acceptable noise specified in condition 1.0 shall be reduced by the penalty level identified within section 28 of 'The Assessment and Rating of Noise from Wind Farms- ETSU-R-97. (See Figure below). The definition of audibility for the purposes of this condition shall be as described in ETSU-R-97. The penalty shall only apply at properties where the tonal noise is measured and shall only relate to the wind speeds at which the tonal noise occurs at. Reason: In the interests of the amenity of the surrounding area. 07. At the reasonable request of the Planning Authority and following a complaint to it relating to noise emissions arising from the operation of the wind farm, the wind farm operator shall appoint an independent noise consultant, whose appointment shall require to be approved by the Planning Authority, to measure the level of noise emission from the wind farm at the property to which the complaint related. The measurement and calculation of noise levels shall be undertaken in accordance with ETSU-R-97 having regard to paragraphs 1 to 3 and 5 to 11 inclusive of the schedules on Pages 95 to 97 inclusive, and Supplementary Guidance Notes to the Planning Obligation pages 99 to 109 of ETSU-R-97. The Planning Authority shall inform the wind farm operator whether the noise giving rise to the complaint contains or is likely to contain a tonal component or an amplitude modulation. Where an assessment of any noise impact is, in the opinion of the Planning Authority acting reasonably, found to be in breach of the noise limits the developer shall carry out mitigation measures to remediate the breach so caused. Details of any such mitigation measures required are to be submitted to the Planning Authority for prior approval. Within 21 days of a written request by the Local Planning Authority, following a complaint to it from a resident alleging noise disturbance at the dwelling at which they reside and where Excess Amplitude Modulation is considered by the Local Planning Authority to be present in the noise emissions at the complainant's property, the wind farm operator shall submit a scheme, for the approval of the local planning authority, providing for the further investigation and, as necessary, control of Excess AM. The scheme shall be based on best available techniques and shall be implemented as approved. Reason: In the interests of amenity 08. Prior to the erection of the first wind turbine, the developer shall submit a Shadow Flicker Protocol to the Local Planning Authority for written approval. The protocol shall detail:- 65
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Mitigation measures to alleviate shadow flicker attributable to the Proposed Development A compliant resolution procedure for receptors within the Study Area. Monitoring and review mechanisms. Where shadow flicker is verified to occur at a receptor, mitigation shall include one or more of the following: Installation of local screening (e.g. vegetation, blinds, curtains) Selective automatic turbine shutdown during predicted flicker periods Coordination with operators of other cumulative developments (e.g. Hallsburn Farm, Mill Rig) where appropriate Upon receipt of a shadow flicker complaint, the developer shall: Initiate an investigation within 21 days Submit findings to the Local Planning Authority within 60 days Implement agreed mitigation measures within a timeframe specified by the Authority Reason: To allow the Council to consider these matters in detail. 09. The operation of the wind turbines shall be carried out in full accordance with the approved Shadow Flicker Protocol. Any mitigation measures agreed through the protocol shall be implemented and maintained for the duration of the operational phase. Reason: To allow the Council to retain effective control. 10. The applicant shall ensure that audible construction activities shall be limited to, Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday – No audible activity. No audible activity shall take place during local and national bank holidays - without the prior written approval of the planning authority. Under exceptional conditions the above time restrictions may be further varied subject to written agreement with the council as Planning Authority. Reason: In the interests of the amenity of the surrounding area. 11. Prior to commencement of development, the Applicant shall submit a Construction Environmental Management Plan (CEMP) to the Planning Authority for written approval. The CEMP shall include: Methods for controlling noise during construction and decommissioning Identification of noise-sensitive receptors (NSRs) Hours of work and site activity restrictions Mitigation measures in accordance with Best Practicable Means (BPM) Integration of a Traffic Management Plan (TMP) to control noise from construction traffic Reason: To allow the Council to consider these matters in detail. 66
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12. Noise arising from construction activities shall not exceed the following limits at any NSR:- 65 dB LAeq,T during daytime hours (07:00–19:00 weekdays, 07:00–13:00 Saturdays) No evening, night-time or Sunday working permitted, except for essential turbine lifting operations subject to prior approval Reason: In the interests of the amenity of the surrounding area. 13. That prior to commencing works on site the applicant shall submit, for the written approval of the Council as Road Authority, detailed proposals for the proposed site access showing appropriate entry radii and minimum 7.3m wide industrial standard access with a bituminous surface finish over the first 15metres measured from the nearside channel line of the public road with security gates set back the same distance. The design shall show drainage, levels, road markings, traffic signage and include full width carriageway resurfacing of the B743 over agreed extents of each access. Reason: To allow the Council to consider these matters in detail. 14. That localised verge widening shall be provided to the B743 at Access Points ‘A’ and ‘B’ B743 to ensure that HGVs entering and exiting site can do so without overrunning the existing road verge and without conflicting with oncoming HGV traffic using the B743. The extent of widening shall be determined by swept path analysis which shall be submitted for the written approval of the Council as Roads Authority. Reason: To allow the Council to consider these matters in detail. 15. That once approved, the B743 verge widening works and site access works shall be undertaken in accordance with the agreed drawings and specification to the satisfaction of the Council as Roads Authority and be completed prior to the commencement of windfarm construction and formation of associated internal windfarm access tracks. The required B743 junction resurfacing works shall be undertaken at a time to be agreed with the Council. Reason: In the interests of road traffic safety. 16. That the applicant shall submit a Stage 2 Road Safety Audit, together with the Designer’s Response, in support of the proposed site access works referred to in the previous conditions. Reason: To allow the Council to consider these matters in detail. 17. That prior to commencing works on site, a 2.4metres by 215metres visibility splay, unless otherwise agreed in writing, shall be provided onto the B743 carriageway and everything exceeding 1.05metres in height above the road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05metres in height shall be planted, placed or erected within these sight lines. The applicant shall also demonstrate that they have all rights to implement and maintain the visibility splay where it traverses third party land. Reason: In the interests of road traffic safety. 67
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18. That the site access shall be constructed in such a way as to prevent any surface water or deleterious material from running onto or entering the B743 and be maintained as such for the lifetime of the development hereby approved. Reason: In the interests of road traffic safety. 19. That a minimum of four months prior to delivery of the first abnormal load the applicant shall undertake Principle Bridge Inspections and Bridge Assessments for all South Lanarkshire Council structures over which abnormal loads will pass using Route Option 1 detailed in Technical Appendix 11.1a (exiting the M74 at Junction 11) and submit these reports for the written approval of the Council as Roads Authority, and that any remedial works shall be implemented at the applicant’s expense in accordance with a programme to be approved by the Council as Roads Authority. The bridges shall be assessed to determine their capability in relation to accommodating all proposed vehicle loads, including mobile cranes, associated with the development. The assessment shall be in accordance with the Design Manual for Roads and Bridges and shall include the full Technical Approval process, the assessment, the assessment check appropriate to the category of structure, assessment certificate, assessment check certificate appropriate to the category of structure and preparation of the assessment report. Preliminary results shall be submitted to the Council as Roads Authority for approval before finalising the report. The final assessment report will be bound in standard 'A4' format and will include as a minimum the following:- (i) Executive Summary (ii) Assessment Method (iii) Summary of Results (iv) Conclusions and Recommendations Reason: To allow the Council to consider these matters in detail. 20. If a bridge has been assessed, under condition 19, as not capable of carrying the proposed loads then these loads will not cross the bridge until remedial measures have been adopted by the applicant and approved by the Council as Roads Authority. These remedial measures may include:- (i) Temporary bridging (ii) Strengthening (iii) Replacement All remedial measures shall be undertaken in accordance with the Design Manual for Roads and Bridges and the relevant Eurocodes. This will include the full Technical Approval process, the design, the design check appropriate to the category of structure, design certificate, the design check certificate appropriate to the category of structure and the procurement of the physical works through to completion on site. South Lanarkshire Council is the Technical Approval Authority. Reason: In the interests of road safety. 21. That prior to works commencing on site the applicant shall submit a Construction Phase Traffic Management Plan (CPTMP) for the written approval of the Council as Planning and Roads Authority. The plan shall include the following:- 68
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a. Update of Table 11.8 of Chapter 11 Traffic and Transport report showing revised programme of deliveries by vehicle type, work stage and month based on contract award for suppliers/contractors. b. Update of Tables 11.9 and 11.10 of Chapter 11 Traffic and Transport showing revised trip distribution by vehicle type based on contract award for suppliers/contractors. c. A plan of delivery routes for general construction activities referred to in item b) above. d. Measures to ensure that the specified routes referred to in item c) are adhered to, including monitoring procedures and deployment of fixed traffic monitoring equipment which shall utilise induction loops in the road on the internal arm of Access Points ‘A’ and ‘B’ and on the B743 for both approaches to each access. e. That all abnormal load deliveries shall be delivered to site in accordance with Route Option 1 detailed in Technical Appendix 11.1a (exiting the M74 at Junction 11). f. Details of all temporary construction direction signage and road markings. g. Provisions for emergency vehicle access. h. Wheel washing arrangements to prevent detritus being deposited on the public road. i. Arrangements for undertaking initial joint road dilapidation surveys for road sections specified by the Council and for ongoing dilapidation surveys including submission of photographs and written reports for each route. the B743 from Strathaven to the Council’s boundary with East Ayrshire, the B7078 from M74 Junction 11 to the A70 at (Rigside), c) the A70 (Rigside) to the Council’s boundary with East Ayrshire. j. On-site car parking for construction vehicles as no parking permitted on the public road. k. Delivery and laydown space and turning area to ensure all vehicles enter and exit site in a forward gear. l. Public relations strategy for publishing the timing of abnormal load movements. m. 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. 12. Reason for Decision 12.1. The proposed wind farm and associated infrastructure are considered acceptable; are not considered to have any significant, adverse impact within the surrounding area; and accord with National Policy and the relevant provisions of the Development Plan and allow a consultation response of no objection being made to the Scottish Government subject to the imposition of the attached, recommended environmental and transportation conditions. David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 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=SVJ1DUOP07P00 69
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Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 70
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0643 Proposal: Construction of Battery Energy Storage System (BESS) with generating capacity of up to 502.5MW and associated infrastructure (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Land at High Netherfauld House Farm, near Douglas Applicant: Scottish Power Energy Networks (SPEN) Agent: None Ward: 4 – Clydesdale South Application Type: Section 36 Consultation Advert Type: Not required Development Plan Compliance: Yes Departures: N/A Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that any approval issued in respect of this application should be subject to the conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments (as proposed by the applicant). 2. An agreement under Section 96 of the Road (Scotland) Act Direction to Scottish Ministers N/A 8 73
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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 covers an area of approximately 5.26ha on land at Towers Road which is an unclassified road leading from the B7078 to the rural area to the east. Nether Fauldhouse Farm is located 390m to the south of the site on the opposite side of Tower Road. The western boundary of the site is formed by the M74. The former Broken Cross opencast site is 400m to the east. 2.2 It is primarily surfaced with hardcore and road planings and is enclosed by a 2-metre galvanised fence. In 2018, planning permission for retrospective infilling and levelling, along with fencing, for use of the site as a temporary storage area and overflow car park in association with other development in the area. As part of this approval, an altered access point onto Tower Road was created, which will serve as the primary entry to the proposed development. 2.3 The Coalburn National Grid Substation is located 2km to the northwest of the site on the opposite side of the M74 Motorway. Overhead power lines and pylons from the substation pass at its closest point approximately 260m to the north and running east of the site. A separate BESS is currently under construction at Birkhill to the west of the site on the opposite side of the M74. 2.4 The nearest settlements to the site are Douglas Water, located approximately 3km northeast, Coalburn, about 4km west, and the village of Rigside, approximately 5.5km east. A single wind turbine with associated sub-station is located approximately 120m northeast of the site with an access track that runs alongside the Eastern Site Boundary. The proposed Coalburn 2 Battery Energy Storage System which received Consent from the Scottish Government in January 2024 is located approximately 1km Northeast of the proposed site in the former Broken Cross site. 3. Description of Proposed Development 3.1 The proposed development comprises a Battery Energy Storage System (BESS) with an overall capacity of 502.5MW. The main element involves the siting of 260 Battery Energy Storage Units. Containerised units housing battery energy storage systems and associated ancillary infrastructure: The units would be stacked with an overall height of 4.5m. A substation building 13m high is also prosed along with associated ancillary infrastructure. The compound would be enclosed by a 2.4m perimeter fence and Pole-mounted CCTV cameras would also be provided at intervals along the boundary fence. 3.2 It is intended that the proposed development will be connected to the Coalburn National Substation via underground cabling located on land owned by the applicant on both sides of the M74. 3.3 The original proposal involved the delivery of two 100 tonnes transformers via craned access directly from the M74 which would have required lane closures. Following the submission of amended proposals this would now be from the M74 via junction 11 (Poniel), over the Poniel Bridge on the B7078 and then across the M74 overbridge onto Tower Road. 74
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4. Relevant Planning History 4.1 Application reference P/18/0055 – Retrospective planning permission for the infilling and levelling works to form temporary storage area and overflow car park together with the erection of 2m high security fence. 5. Supporting Information 5.1 The applicants have submitted several supporting documents with the application as set out below:- Construction Environmental Management Plan (CEMP) – Biodiversity Construction Traffic Management Plan (CTMP) Geo-Environmental Report Noise Impact Assessment Planning Statement Pre-Application Consultation Report Preliminary Ecological Appraisal Landscape and Visual Impact Assessment Desk Based Archaeological Appraisal Water Suppression Pump House Plan 6. Consultations 6.1 The Council is a consultee in the Section 36 application process. The views of other services have been sought and they are summarised below. A summary of the wider consultation responses received by the Scottish Government is also included below, as these may be relevant to the view of the Council. 6.2 West of Scotland Archaeology Service (WoSAS) – offered no objection to the proposed development. Response: Noted. 6.3 Roads Development Management Team – originally objected to the proposed development based on lack of information to address several technical issues. In relation to the capacity of the Poniel Bridge to accommodate the delivery of the transformers, the suitability of the access to the site from Tower Road, visibility and drainage. Further information has now been provided to address these matters. Response: Noted. It is considered that the outstanding matters can be addressed by suspensive condition if consent is granted by the ECU. The suggested wording can be seen in section 11 of the report. 6.4 Environmental Services – No response. 6.5 Of the parties consulted directly by the ECU, only Transport Scotland have offered any objection to the proposed development, based on the impact on road safety of the proposal to the delivery of the transformers directly from the M74. A revised traffic management plan has been submitted to the ECU which proposes the delivery of the transformers to be via junction 11 of the M74 at Poniel. While the objection remains, it is understood Transport Scotland have no objections to the revised arrangements. 6.6 It is also noted that Rigside and Douglas Community Council have submitted a response advising of their strong support for the proposed development. 75
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7. Representations 7.1 The Energy Consents Unit (ECU) is responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in its assessment of the Section 36 application. The Energy Consents Unit website indicates no representations have been submitted in respect of the proposed development. 8. Development Plan 8.1 The application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989. A planning application is required to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. However, for Section 36 applications the Development Plan has the status of a material consideration which is required to be taken into account by the Scottish Ministers in the determination of the application. 8.2 The Council has been consulted in its role as the Planning Authority for the area in which the application site is located and therefore the Council’s response to the consultation request is required to be informed by an assessment against the provisions of the Development Plan. Other material considerations pertinent to the application may also be considered. The Development Plan comprises the South Lanarkshire Local Development Plan 2 adopted in April 2021 and National Planning Framework 4 adopted by the Scottish Government in February 2023. 8.3 National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 8.4 South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy 76
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9 Guidance 9.1 South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 10. Assessment and Discussion 10.1 This application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it is development with a generating capacity of over 50MW. In this instance, South Lanarkshire Council is a consultee to the application process and is not the Consenting Authority. 10.2. In terms of the adopted National Planning Framework 4, Policies 1 and 2 seek to encourage, promote, and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. Policy 2 ‘Climate Change’ of the SLLDP2 states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The proposals are for a form of renewable energy development and, therefore, intrinsically support minimising the effects of climate change through greener energy generation. It is, therefore, considered that the principle of the development accords with Policies 1 and 2 of NPF4 and SLLDP2 Policy 2. 10.3. Policy 11 – Energy of NPF4 states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. This includes energy generation through wind farm development, solar arrays and energy storage (such as battery storage). Detailed criteria that should be considered when designing projects are set out and, when considering these impacts, significant weight will be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. In terms of the matters that are within the remit of the Council as a consultee on the application, these include:- impacts on communities and individual dwellings, including, residential amenity, visual impact, noise 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 impact 10.4. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals found in Policy RE1 Renewable Energy. Renewable energy proposals should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy. These are broadly similar to the criteria in NPF4 Policy 11. The SPG recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 77
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10.5 In view of the above it is recognised that the proposals would contribute to the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including solar farms and battery storage. The development plan also provides support for all form of renewable energy infrastructure. However, each proposal must be considered on its merits to ensure the location and design of the development is acceptable. An assessment against the relevant criteria is set out as follows; 10.6 Impacts on visual amenity and residential amenity The proposal would not be visible from the nearby settlements. There are a number of properties in the local vicinity that have potential views of the site. However, most are screened by the rising topography and vegetation. Receptors at the entrance to Baillieshall Farm will have clear views onto the site however the proposed buildings would be further down the slope from the viewpoint so their views will be curtailed or reduced. 10.7 The only cycle path within the study area is National Cycle Route 74 which as its route along the B7078 on the opposite side of the M74. The views to the Site along the route are largely obstructed by vegetation and topography and are very limited. The M74 runs along the western edge of the Site and has a partial view of the Site although receptors will be travelling at speed. The view is largely screened by the motorway embankments and associated vegetation. The development will only be viewed from these points for a short period of time, if at all, as they would be screened by vegetation and topography. 10.8 Landscape character and impact on the natural environment. The impacts of the proposed development on the natural environment and landscape character of the area has been assessed in full through the Landscape and Visual Impact Assessment and Cumulative LVIA submitted in support of the proposed development. It has been carried out in the context of the character of the surrounding area which includes the M74, other renewable energy infrastructure and overhead lines. The application site is also characterised by development carried out to accommodate previous energy development and as such can be classed as brownfield. 10.9 The site lies within a relatively open landscape with few stand out features. It has varying intervisibility due to the topography of the landscape and existing vegetation and land uses including energy infrastructure. Overall, residual significant effects of the proposed development are limited to landscape and visual effects, which are to be expected of some forms of energy development. Having assessed this aspect of the proposed development, it is on balance considered that these impacts are of a localised nature. 10.10 The site is within an area that has seen a number of renewable energy developments including well established power lines and pylons, wind turbines and a consented BESS on the former Broken Cross open cast site and a BESS under construction on the opposite side of the M74. Several small turbines are also located within close proximity. Notwithstanding this activity it is considered that the cumulative impact would not be adverse in terms landscape character and visual amenity. 10.11 In conclusion the level of effect from the proposals on receptors is limited although some would be highly sensitive to walkers and a small number of residents who would have the clearest, most open views. However, after 15 years, the proposed planting will have matured to soften and blend the proposals into the landscape and screen the 78
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development from view. For all receptors in the area the significance of effect will then be reduced to minor adverse or less. The likely effects of the proposed development with the mitigation measures proposed in place will result in a limited impact, reducing over time, and that a such the proposed development it considered to be acceptable in landscape terms. 10.12 Road safety Transport Scotland has objected to the proposed development, based on the impact on road safety of the proposal to the delivery of the transformers directly from the M74. A revised traffic management plan has been submitted to the ECU which proposes the delivery of the transformers to be via junction 11 of the M74 at Poniel. While the objection remains, it is understood Transport Scotland have no objections to the revised arrangements. 10.13 Roads and Transportation Services had objected to the revised scheme based on lack of information to address several technical issues. Further information has now been provided to address some of these matters. It is considered that the outstanding matters can be addressed by suspensive condition if consent is granted by the ECU. These include the requirement for bridge impact assessment to ensure Poniel Bridge can accommodate the delivery of large transformers. The suggested wording can be seen in section 11 of the report. 10.14 Water and Flood Risk 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. 10.15 Design The applicants have demonstrated that the proposals have been designed to address landscaping, the archaeological and built heritage and landscape features. The design incorporates the use sustainable drainage systems, additional planting and landscaping and suitable parking commensurate with a development of this nature. Waste production will be minimised throughout the construction and operation phases of the development with much of the infrastructure constructed off-site. Security has been addressed as part of the design process and the final design will incorporate such elements as security fencing, security lighting, CCTV, intruder detection and physical security. 10.16 Conclusion In conclusion, the proposal supports renewable energy development and therefore acts as a logical extension to the existing energy infrastructure located near to the site. The site is a previously developed site in close proximity to the point of connection and other electrical infrastructure. The associated landscape and visual impacts from the proposed development would be insignificant. It is considered that the proposed development complies with the relevant policies of both the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is recommended that the Scottish Government be notified that the Council has no objections to the application, subject to the conditions set out below and the conclusion of a legal agreement. 79
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11. Recommendation and Conditions 11.1 The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments 2. An agreement under Section 96 of the Road (Scotland) Act 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. The access into the site off Towers Road shall be designed to industrial access standards with appropriate radii and shall be of sufficient dimensions to ensure that it can accommodate two HGV vehicles passing in opposite directions. Reason: In the interests of road traffic safety. 03. There shall be no commencement of development unless and until a detailed Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority. The CEMP shall contain a Pollution Prevention Plan (PPP) and details of: a) site construction traffic routes and management; b) working hours; c) dust suppression measures d) noise control measures; and, e) surface water run-off control measures f) measures to protect the active raised bog habitat from any dust during construction, and g) measures to minimise any site run-off. The CEMP and PPP shall be in line with SEPA standard guidance. The development shall be implemented in accordance with the approved CEMP and PPP unless otherwise approved in advance in writing by the Planning Authority. 80
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Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the application, or as otherwise agreed, are fully implemented. 04. Prior to the commencement of any works on site, the application shall provide a swept path analysis for abnormal loads driven from the M74 south bound off-ramp at Junction 11 to the site entrance, the purpose of which is to establish whether any off- site road widening works are required. Reason: To allow the Council to consider this matter in detail. 05. Within four months prior to abnormal loads being moved, the applicant shall submit for the approval of the Planning Authority, reports covering Principal Inspections and Bridge Assessments all undertaken in accordance with the Design Manual for Roads and Bridges for all local authority owned roads structures over which the abnormal loads and any lifting equipment will travel. The Bridge Assessments should include for the action of all proposed abnormal loads and any lifting equipment associated with the construction of the development. Reason: To allow the Planning Authority to consider these matters in detail. 06. Prior to the commencement of any works on site, the applicant shall provide a Stage 1 Road Safety Audit, together with the Designer’s response, to support the permanent use of the site access onto Towers Road. Reason: In the interests of road traffic safety. 07. There shall be no Commencement of Development unless and until the applicant has entered into a Section 96 agreement with the Council as road’s authority. Reason: In the interests of road safety; to ensure that there is sufficient provision to cover any extraordinary damage caused to the public road infrastructure during construction works. 08. There shall be no commencement of development until a Roads Dilapidation Survey is submitted for approval of the Planning Authority. The Roads Dilapidation Survey shall cover those sections of Towers Road lying 50m either side of the proposed access. Each inspection shall be recorded in a report to include photographs, plans and descriptions of road conditions and this information shall be submitted to the Planning Authority for record purposes within 7 days of the survey being undertaken. 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 Planning Authority. Reason: To establish the condition of the sections of road specified prior to the commencement of the development hereby approved and to ensure the roads in question are maintained to a satisfactory standard. 09. The applicant shall supply to the Planning Authority an annual written report confirming that the battery energy storage facility is importing and exporting electricity to the grid. If the battery storage facility fails to import or export electricity to the grid for a continuous period of 12 months, then unless otherwise agreed in 81
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writing with the Planning Authority, the applicant shall no later than one year after the last day of this 12-month period submit the site Decommissioning, Restoration and Aftercare Plan to the Planning Authority for approval and implement it in accordance with condition 10. Reason: To ensure that if the Development or part thereof becomes redundant the equipment is removed from the site, in the interests of safety, amenity and environmental protection. 10. The development will disconnect from the grid and cease to import or export electricity no later than the date falling 40 years from the date of Final Commissioning. The total period for decommissioning and restoration of the Site in accordance with this condition shall not exceed 24 months after the date of cessation of electricity generation by the Development without prior written approval of the Planning Authority. The development shall not commence until a Decommissioning, Restoration and Aftercare Strategy has been submitted to and approved in writing by the Planning Authority. The strategy shall include measures for the decommissioning of the Development, restoration and aftercare of the site and will include, without limitation, proposals for: a) The removal of the above ground elements of the development; b) The treatment of ground surfaces (including access tracks and hard standing areas and any sub surface elements including cabling to restore the site to its former condition, or other such condition as agreed; c) The phasing and timing of works, including any environmental management provisions; and; d) Details relating to how the strategy will be reviewed. No later than one year prior to decommissioning of the development or the expiration of the consent (whichever is the earlier) a detailed Decommissioning, Restoration and Aftercare Plan, based upon the principles of the approved Decommissioning Strategy, shall be submitted to the Planning Authority for written approval. The detailed Decommissioning, Restoration and Aftercare Plan shall include (but not be limited to) provisions in respect of the following matters:- (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration, and aftercare phases); (b) details of the formation of new features required to facilitate the decommissioning and restoration including but not limited to the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the road network including wheel cleaning and lorry sheeting facilities and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) soil storage and management; 82
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(g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) sewage disposal and treatment; (i) temporary site illumination; and, (j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays. The development shall be decommissioned, the Site restored, and aftercare thereafter undertaken in accordance with the approved plan unless otherwise agreed in writing by the Planning Authority in advance. Reason: to ensure that decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interest of safety, amenity and environmental protection. 11. There shall be no commencement of development until a bond or other form of financial guarantee in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations. The value of the financial guarantee shall be agreed between the applicant and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in condition 10. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations referred to in condition 9 and condition 10. The value of the financial guarantee shall be reviewed by agreement between the applicant and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 10. The value of the financial guarantee shall be increased (but not decreased) to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in condition 10 and best practice prevailing at the time of each review. Reason: To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the applicant. 12. Between the hours of 08:00 and 20:00 the measured noise rating level emitted from the development (LAr,1hr) shall not exceed the background noise level (LA90,15 min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019 - Method for Rating and Assessing Industrial and Commercial Sound. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. 83
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13. Between the hours of 20:00 and 08:00 the noise rating level emitted from the development (LAr,15 min) shall not exceed the background noise level (LA90,15min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with BS 4142:2014+A1:2019 Method for Rating and Assessing Industrial and Commercial Sound. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. 14. The external noise levels resultant from the Development as they affect any pre- existing residential property shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) An LAeq,16hr of 55dB during daytime (07:00 – 23:00) in any garden amenity areas, when measured free-field. b) An LAeq,8hr of 45dB during night-time (23:00 – 07:00) in any garden amenity areas, when measured free-field. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. 15. Internal Noise Rating Values from the installed services, shall not exceed NR25 between 23.00hrs and 07.00hrs, and NR35 between 07.00hrs and 23.00hrs. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 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:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 84
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0724 Proposal: Construction of Long Duration Electricity Storage System (LDES) with generating capacity of up to 500MW and associated infrastructure. (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Land at M74 Heat and Power Park (Conexus West), West of Junction 11 of the M74, Coalburn, Lanark, ML11 0RL Applicant: Hagshaw LDES Ltd (part of the 3R Energy Group of companies) Agent: Aarvark EM Limited Ward: 4 – Clydesdale South Application Type: Section 36 Consultation Advert Type: Not required. Development Plan Compliance: Yes Departures: N/A Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that any approval issued in respect of this application should be subject to the conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments Direction to Scottish Ministers N/A 9 87
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1. Reason for Report 1.1 This report relates to a consultation on an application that has been made to the Scottish Government under Section 36 of the Electricity Act 1989 and which in the opinion of the Head of Planning and Regulatory Servies raises issues that have policy implications that are worthy of consideration by the Planning Committee. 2. Site Description 2.1 The Application Site is located to the southwest of Junction 11 of the M74, approximately 1.5km to the south of Coalburn and approximately 1.5km to the north of Douglas. It extends to approximately 46.6 hectares of restored land which was part of the former Dalquhandy Opencast Coal Site. The area was not subject to coal extraction but principally used for coal stocking and associated coal dispatch operations. A biomass Combined Heat and Power (CHP) facility operated by 3R Energy is located to the west of the access road and will be retained within the development footprint. 2.2 The surrounding area’s topography is undulating and characterised by drains, hard standing and rough grassland from the restored mine workings. To the north, a number of small woodland blocks of coniferous trees are located along the minor road which runs from Nethertown of Poniel to Craigend surrounded by semi-improved grassland which is generally used for grazing. The western boundary is made up of the Douglas West Windfarm which is currently operational and the Douglas West Windfarm Extension which is under construction. To the east and southeast is the Long Plantation which is a designated ancient woodland. 2.3 The wider area has been subject to a number of large-scale renewable energy projects which form part of the Hagshaw Energy Cluster an established strategic location for large scale renewable energy projects. 2.4 The Site is accessed from the M74 motorway which joins the B7078 (Carlisle Road) roundabout at Junction 11 (Poniel). Access to the Site is gained directly from the Junction 11 roundabout via an existing circa 2km long private road which continues through the Proposed Development Site providing access to the wind farms and forestry plantations beyond. 2.5 The land includes a combination of hardstanding, along with restored land associated with the Dalquhandy Opencast Coal Mine which is currently rough grassland. The Site currently includes temporary construction compounds for the surrounding wind farms which are under construction/repowering. Overhead powerlines run north south along the Site’s eastern boundary and across the access road to the north. 3. Description of Proposed Development 3.1 The main elements of the proposed development comprise a Long Duration Electricity Storage (LDES) scheme (minimum 8-hour discharge duration) with 500MW of capacity. It would have up to 6 Gigawatt hours (GWh) of electricity storage and export capability to power approximately 1.3m homes for a continuous period of up to 12 hours significantly more than standard lithium-ion batteries (BESS) which operate for shorter periods of time. It would comprise 13,608 triple stacked containers measuring 6m x 2.4m and a height of 7.8m 3.2 The proposals also include the following substation and ancillary equipment:- 400kV substation compound measuring 92m x 139m and with a height of 12.9m (at highest point) 88
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5 Customer Switchgear Containers An Energy Management System which is 2.4m x 6.1m x 2.6M (H) 162 Power Conversion System (PCS) Inverters Single/Double 1,141 String Control Units 350 DC Combiner’s 175 AC Distribution Panels Other associated ancillary infrastructure includes fencing and gates; CCTV; Parking; Landscaping; Lighting and drainage 3.3 The on-site substation compound will include the Network Operator (SPEN) apparatus and associated step-up transformer. The substation will be connected to the national grid via underground cables linking to the new Redshaw transmission substation. 3.4 Construction vehicles will exit the M74 at Junction 11 at Poniel where they will travel along the2km private road to the entrance to the site. This road also serves the Dewars facility. Thereafter the construction vehicle route will follow the existing access which has been used for wind farm developments that are currently under construction. of the Proposed Development. 4. Relevant Planning History 4.1 The Site and its wider surroundings were part of the Dalquhandy opencast coal site which operated between 1988 and 2004 and has since been restored. The Site itself was not mined but used for coal washing, stocking and transportation. 4.2 More recently, planning permission (CL/15/0273) was granted for 15 wind turbines and a wood fuel drying facility (CHP). A further application, CL/16/0157 was granted permission in 2016 for the CHP and varied in 2024 (P/24/0067/V) to operate as a standalone facility and it is now operational. 4.3 In June 2017 online planning permission for a mixed-use development of Class 4 (Business), Class 5 (General Industrial) and Class 6 (Storage and Distribution) uses with associated landscaping and infrastructure such as SuDS, parking and internal roadways was granted (CL/17/0157). 4.4 Planning application P/20/0772 was granted in November 2020 to allow a further 5- year period to submit matters specified by conditions attached to planning permission CL/17/0157. This is now the extant planning consent for the Proposed Development Site. The extant consent permits the development of the 28ha site comprising 140,000sqm of commercial floorspace up to a height of 15m. 5. Supporting Information 5.1 The applicants have submitted several supporting documents with the application as set out below:- Planning Statement Design and Access Statement Pre Application Consultation Report Ecological Impact Assessment Biodiversity Net Gain Strategy Noise Assessment Flood Risk Assessment (FRA) and Drainage Strategy Transport Statement and Construction Traffic Management Plan 89
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Landscape and Visual Impact Assessment Battery Safety Management Plan Contaminated Land Statement Socio Economic Report 6. Consultations 6.1 The Council is a consultee in the Section 36 application process. The views of other services have been sought and they are summarised below. A summary of the wider consultation responses received by the Scottish Government is also included below, as these may be relevant to the view of the Council 6.2 West of Scotland Archaeology Service (WoSAS) – No response. 6.3 Roads Development Management Team – No objections. 6.4 Environmental Services – No objections. 6.5 None of the parties who have been consulted directly by the ECU (including Historic Environment Scotland, Scottish Water, SEPA, Nature Scot, Health and Safety Executive and Transport Scotland) have offered any objection to the proposed development. 7. Representations 7.1 The Energy Consents Unit (ECU) is responsible for carrying out statutory neighbour notification and publicity on the application. Any representations are sent directly to the ECU for consideration in its assessment of the Section 36 application. According to the Energy Consents Unit website no representations have been received. 8. Development Plan 8.1 The application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989. A planning application is required to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. However, for Section 36 applications the Development Plan has the status of a material consideration which is required to be taken into account by the Scottish Ministers in the determination of the application. 8.2 The Council has been consulted in its role as the Planning Authority for the area in which the application site is located and therefore the Council’s response to the consultation request is required to be informed by an assessment against the provisions of the Development Plan. Other material considerations pertinent to the application may also be considered. The Development Plan comprises the South Lanarkshire Local Development Plan 2 adopted in April 2021 and National Planning Framework 4 adopted by the Scottish Government in February 2023. 8.3 National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 7 - Historic assets and places 90
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Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 8.4 South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 8 – Employment Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy Policy ICD1 – Strategic Investment Locations 9. Guidance 9.1 South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 10. Assessment and Discussion 10.1 This application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it is development with a generating capacity of over 50MW. In this instance, South Lanarkshire Council is a consultee to the application process and is not the Consenting Authority. 10.2. In terms of the adopted National Planning Framework 4, Policies 1 and 2 seek to encourage, promote, and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. Policy 2 ‘Climate Change’ of the SLLDP2 states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The proposals are for a form of renewable energy development and, therefore, intrinsically support minimising the effects of climate change through greener energy generation. 10.3. It is, therefore, considered that the principle of the development accords with Policies 1 and 2 of NPF4 and SLLDP Policy 2. 10.4. Policy 11 – Energy of NPF4 states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. This includes energy generation through wind farm development, solar arrays and energy storage (such as battery storage). Detailed criteria that should be considered when designing projects are set out and, when considering these impacts, significant weight will be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. In terms of the matters that are within the remit of the Council as a consultee on the application, these include:- impacts on communities and individual dwellings, including residential amenity, visual impact, noise and shadow flicker significant landscape and visual impacts 91
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public access, including impact on long distance walking and cycling routes and scenic routes impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts 10.5 In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals found in Policy RE1 Renewable Energy. Renewable energy proposals should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy. These are broadly similar to the criteria in NPF4 Policy 11. The SPG recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 10.6 The application site is on land designated in SLLDP2 as being within the Poniel Strategic Economic Investment Location (SEIL). SEILs are identified as the priority locations to promote the Scottish Government’s key economic sectors. Policy 8 - Employment sets out the categories of employment land uses that will be appropriate. For the Poniel these are described as distribution and logistics and energy related development. Having said that the requirements for the SEIL in appendix 3 of LDP2 identifies renewable energy development as being a suitable land use. In addition, Policy 26 Business and Industry in NPF4 states that development proposals for business and industry uses on sites allocated for those uses in the LDP will be supported. 10.7 The SEIL was originally identified in the South Lanarkshire Local Plan that was adopted in 2009. Subsequently planning permission was granted for the Dewars plant at Junction 11 and this is now operational. In June 2017 online planning permission for a mixed-use development of Class 4 (Business), Class 5 (General Industrial) and Class 6 (Storage and Distribution) uses on land adjoining the SEIL designation was granted (CL/17/0157). This consent was renewed in November 2020 to allow a further 5-year period to submit matters specified by conditions attached to the original planning permission. SLLDP2 now delineates the extent of the SEIL as including the land the subject of this consent and it is in this area that the LDES is now proposed. 10.8 The applicants have submitted details of unsuccessful attempts to securing funding to attract inward investment (Building Scotland Fund in 2019 and Glasgow City Region Investment Zone in 2024). They have also actively explored opportunities through extensive marketing of the site for employment purposes. Again this has been unsuccessful. 10.9 As part of the consideration of future proposals for the SEIL, the LDES has the potential to offer new businesses within the wider Poniel SEIL the opportunity for a private wire electricity connection. This has the potential to serve as an additional incentive for inward investment, aligning with the core objectives of the SEIL to promote energy related development. Indeed since the allocation of the original SEIL in 2009 the surrounding area has seen significant renewable energy infrastructure which is known as the Hagshaw Cluster. These is recognised in the Hagshaw Energy Cluster Development Framework document which was adopted as supporting planning guidance in 2023. 92
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In view of the above it is considered that the proposals are acceptable in land use terms and accord with the overall ambitions for the SEIL. 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 the transition towards net zero targets. On the matter of the nature crisis, the proposed development will deliver some biodiversity enhancement, through the implementation of the proposed bio-diversity enhancement scheme, which can be secured by condition. Overall, the proposed development is considered to accord with the requirements of Policy 1. 10.11 NPF4 Policy 2: Climate mitigation and adaption seeks to promote and enable development that minimises emissions and adapts to current and future climate change. The proposed development supports 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. 10.12 Notwithstanding the above the proposals must be assessed against other planning considerations which are set out in NPF4 Policy 11 and the Council’s supporting planning guidance on renewable energy. Each of these environmental considerations, where they are of relevance to the proposed development, have been considered within the terms of the various reports which have been submitted in support of the application. 10.13 The Landscape and Visual Impact Assessment submitted in support of the application concludes that while some effects would be large in magnitude within the site and its vicinity, these effects are relatively localised and that there is capacity for this low or low-medium sensitivity landscape to accommodate the proposed development without causing unacceptable landscape or visual harm to the wider surrounding landscape. It also notes that the proposed development would not result in any greater effects than would arise from the extant mixed use planning permission which covers the site. Having assessed this aspect of the proposed development, it is on balance considered that these impacts are of a localised nature and should be seen in the context of the now established character of the area. 10.14 Whilst there would be views of the proposed development from the surrounding landscape, undulating topography and strong tree cover to the north, east and south of the site would limit the effects on local visual amenity. There would be major/moderate adverse effects (compared to the current views) on visual amenity experienced by recreational users of the Core Paths and Aspirational Core Paths which pass through the Site and its environs. However, these effects would not be any greater than those which would arise with the extant permission. In addition, the cumulative impacts with other nearby consented and in-planning energy developments would not be noticeably greater than those arising from the proposals on their own. 10.15 Overall there is capacity for the low or low-medium sensitivity landscape to accommodate the proposal without causing unacceptable landscape or visual harm to the wider surrounding area. The Proposed Development would not result in any greater effects compared to those resulting from extant mixed-use permission for the site. 93
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10.16 In terms of road safety it is anticipated there will be on average 70 HGV deliveries a day. The only anticipated indivisible abnormal load will be the crane used for the delivery of the transformer(s) and work on Site. The haulage route is currently being used for the construction of the Douglas West Wind Farm Extension, Hagshaw Wind Farm Repowering, and Cumberhead West Wind Farm and is of appropriate condition. It is expected that these developments will be complete before work starts on the LDES. 10.17 Conclusion The proposed development is located within a Strategic Economic Investment Location (SEIL) where proposals for energy related development would accord with the aspirations for this designation. In addition, the applicants have shown that marketing of the site and funding applications have been unsuccessful. The character of the area has changed since the initial allocation of the SEIL and as a result the site of the proposed development is located within the Hagshaw Energy Cluster Development Framework Area. As such the principle of energy infrastructure uses being located within this area has been accepted. Finally, there would not be any adverse effects in terms of impact of landscape character and visual amenity and road safety. 10.18 In conclusion, 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. Recommendation and Conditions 11.1 The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments Conditions 01. The development must be begun not later than the expiration of five years beginning with the date of this consent. Reason: To comply with section 58 of the Town and Country Planning (Scotland) Act 1997. 02. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason: To allow the Planning Authority to monitor compliance with conditions and obligations attached to this planning permission as appropriate. 94
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03. Except as otherwise required by the terms of this planning permission, the development shall be undertaken in accordance with the application, the planning drawings and all relevant documentation lodged by the applicant or their appointed agents in support of the application. For avoidance of doubt this includes any recommended or proposed measure to avoid, minimise or offset any identified potential impact of the development which is committed to or recommended in the application and its constituent assessments. Reason: To ensure that the Development is carried out in accordance with the approved details. 04. The applicant shall supply to the Planning Authority an annual written report confirming that the battery energy storage facility is importing and exporting electricity to the grid. If the battery storage facility fails to import or export electricity to the grid for a continuous period of 12 months, then unless otherwise agreed in writing with the Planning Authority, the applicant shall no later than one year after the last day of this 12-month period submit the site Decommissioning, Restoration and Aftercare Plan to the Planning Authority for approval and subsequent implemention. Reason: To ensure that if the development or part thereof becomes redundant the equipment is removed from the site, in the interests of safety, amenity and environmental protection. 05. The development will disconnect from the grid and cease to import or export electricity no later than the date falling 40 years from the date of Final Commissioning. The total period for decommissioning and restoration of the Site in accordance with this condition shall not exceed 24 months after the date of cessation of electricity generation by the development without prior written approval of the Planning Authority. Reason: to ensure that decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interest of safety, amenity and environmental protection. 06. No development shall commence until a Decommissioning, Restoration and Aftercare Strategy has been submitted to and approved in writing by the Planning Authority. The strategy shall include measures for the decommissioning of the development, restoration and aftercare of the site and will include, without limitation, proposals for:- a) The removal of the above ground elements of the development; b) The treatment of ground surfaces (including access tracks and hard standing areas and any sub surface elements including cabling to restore the site to its former condition, or other such condition as agreed; c) The phasing and timing of works, including any environmental management provisions; and d) Details relating to how the strategy will be reviewed. Reason: to ensure that decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interest of safety, amenity and environmental protection. 95
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07. No later than one year prior to decommissioning of the development or the expiration of the consent (whichever is the earlier) a detailed Decommissioning, Restoration and Aftercare Plan, based upon the principles of the approved Decommissioning Strategy, shall be submitted to the Planning Authority for written approval. Reason: to ensure that decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interest of safety, amenity and environmental protection. 08. The detailed Decommissioning, Restoration and Aftercare Plan shall include (but not be limited to) provisions in respect of the following matters:- (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration, and aftercare phases); (b) details of the formation of new features required to facilitate the decommissioning and restoration including but not limited to the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; (c) a dust management plan; (d) details of measures to be taken to prevent loose or deleterious material being deposited on the road network including wheel cleaning and lorry sheeting facilities and measures to clean the site entrances and the adjacent local road network; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) soil storage and management; (g) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (h) sewage disposal and treatment; (i) temporary site illumination; and, (j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays. Reason: to ensure that decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interest of safety, amenity and environmental protection. 09. The development shall be decommissioned, the site restored, and aftercare thereafter undertaken in accordance with the approved plan unless otherwise agreed in writing by the Planning Authority in advance. Reason: to ensure that decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interest of safety, amenity and environmental protection. 96
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10. The development shall not commence until a bond or other form of financial guarantee in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations has been entered into between the applicant and the Planning Authority. Reason: To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the applicant. 11. The value of the financial guarantee shall be agreed between the applicant and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations. Reason: To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the applicant. 12. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations. Reason: To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the applicant. 13. The value of the financial guarantee shall be increased (but not decreased) to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations and best practice prevailing at the time of each review. Reason: To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the applicant. 14. Within four months prior to the movement of any abnormal load, the applicant shall submit an Abnormal Load Route Assessment for written approval of the Planning Authority in consultation with Transport Scotland. The Abnormal Load Route Assessment shall detail specialist components and lifting equipment which shall include the proposed route for any abnormal loads on the trunk road network and details of any modifications required to the local road network. Reason: To allow the Planning Authority to consider these matters in detail. 15. The development shall not commence unless and until a detailed Construction and Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority in consultation with Nature Scot. 97
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The CEMP shall contain a Pollution Prevention Plan (PPP) and details of:- a) site construction traffic routes and management; b) working hours; c) dust suppression measures d) noise control measures; and, e) surface water run-off control measures f) measures to protect the active raised bog habitat from any dust during construction g) measures to minimise any site run-off; and h) measures to protect and monitor the water quality within the Black Burn i) All heavy construction work and all construction related lighting and vehicular movements within 750m of the Black Burn should be restricted 2 hours before sunset and 2 hours after sunrise during the non-breeding period August to April inclusive The CEMP and PPP shall be in line with SEPA standard guidance. The development shall be implemented in accordance with the approved CEMP and PPP unless otherwise approved in advance in writing by the Planning Authority in consultation with NatureScot. Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the application, or as otherwise agreed, are fully implemented. 16. Between the hours of 08:00 and 20:00 the measured noise rating level emitted from the development (LAr,1hr) shall not exceed the background noise level (LA90,15 min) by more than 4dB within the curtilage of any pre- existing residential amenity area. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019 - Method for Rating and Assessing Industrial and Commercial Sound. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. 17. Between the hours of 20:00 and 08:00 the noise rating level emitted from the development (LAr,15 min) shall not exceed the background noise level (LA90,15min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with BS 4142:2014+A1:2019 Method for Rating and Assessing Industrial and Commercial Sound. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. 18. The external noise levels resultant from the development as they affect any pre-existing residential property shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) An LAeq,16hr of 55dB during daytime (07:00 – 23:00) in any garden amenity areas, when measured free-field. b) An LAeq,8hr of 45dB during night-time (23:00 – 07:00) in any garden amenity areas, when measured free-field. 98
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Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. 19. Internal Noise Rating Values from the installed services, shall not exceed NR25 between 23.00hrs and 07.00hrs, and NR35 between 07.00hrs and 23.00hrs. Reason: To protect the amenity and environment of the surrounding area and any potentially affected residential properties. David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 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=SY5GTFOP01M00 Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 99
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Report Agenda Item Report to: Planning Committee Date of Meeting: 28 October 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0869 Proposal: Erection of two dwellinghouses, formation of new vehicular access and associated works Site Address: Rowan House Manse Road Stonehouse ML9 3NX Applicant: Mr Alistair Hamilton Agent: Mr Les Campbell Ward: 05 Avondale and Stonehouse Application Type: Detailed Planning Permission Advert : Hamilton Advertiser - 7 August 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 10 101
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 4B(17)(e) of the adopted Scheme of Delegation 2024 as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2 Site Description 2.1 The application site is located within the designated Green Belt, to the north-west of the settlement of Stonehouse and south-east of the Avon Water. The proposed development site is an open field accessed off Manse Road beyond which the topography of the land rises. 2.2 The proposed dwellinghouses would be located on higher ground behind the two existing properties ‘Rowan House and ‘Thorndale’ which front onto Manse Road. To the rear and side of the site is agricultural land. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of two 2-bedroom bungalows incorporating integral garages and the formation of a new vehicular access and associated works on land to the rear of Rowan House, Manse Road, Stonehouse. The dwellinghouses would be approximately 25 metres to the rear of Rowan House, each with garden ground to the rear containing individual septic tank systems. The proposed external materials are white render walls and concrete roof tiles. 3.2. The new shared access would be formed off the existing Rowan House access from Manse Road and then extend to the proposed houses to the rear. The road verge to the north is outwith the application boundary and is not controlled by the applicant. 4. Relevant Planning History 4.1. None applicable. 5. Supporting Information 5.1. The agent has submitted the following information to support the application:- Planning and Design Supporting Statement 6. Consultations 6.1. Environmental Services – No objection subject to the imposition of advisory notes on drainage. Response: Noted. 6.2. Roads Flood Risk Management – No objection subject to the imposition of conditions on access, parking arrangements and drainage. Response: Noted. 6.3. Scottish Power – No objection. Response: Noted. 6.4. Scottish Water – No objection commenting that there is no public wastewater infrastructure within the vicinity of this proposed development and advising the applicant to investigate private treatment options. Response: Noted. 102
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7. Representations 7.1. Following statutory neighbour notification and advertisement in the local press in respect of non-notification of neighbours, one letter of support has been received. The issues raised are summarised as follows:- Much needed housing for ageing population Proposal would finish off a small cluster The above issues are considered in the assessment below. This letter is available for inspection on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 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 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. 103
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10.2. Principle of Development In terms of the principle of the development, the site is located within the Green Belt as designated by Policy 4 – Green Belt and Rural Area of SLLDP2. In addition, Policy 8 – Green Belts of NPF4 also provides policy with regard to proposed development proposals in green belt locations. 10.3. Policy 8 – Green Belts of NPF4 sets out the types of development that would be supported in the Green Belt. Developments in these categories also require to demonstrate a specific locational need, that it would not undermine the purpose of the Green Belt, it is compatible with the surrounding established countryside and landscape character, has been designed to ensure it is of an appropriate scale that minimises visual impact, and there will be no significant long-term impacts on the environmental quality of the Green Belt. Similar policy provision is also set out in Policy 17 – Rural homes. 10.4 The proposed development is for 2 detached residential properties, however, this proposal is not required for any of the purposes set out in Policy 8 or Policy 17. As such, there is no specific locational need for the dwellinghouses to be located in the Green Belt and the proposal is considered to be contrary to both Policies 8 and 17 of NPF4. 10.5. Similarly, Policy 4 – Green Belt and Rural Area of SLLDP2, 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. The proposed housing is not a gap site, not consolidating a building group and does not meet the criteria to require assessment against any of the other Green Belt Policies in SLLDP2. 10.6 As set out above, there is no specific locational need for the dwellinghouses to be located in the Green Belt. It would be sporadic development which does not result in significant visual and environmental benefits to the area. The proposal is therefore considered to be contrary to Policy 4 of SLLDP2. 10.7 Layout, Siting and Design With regard to siting and design considerations, Policy 8 of NPF4 requires proposed developments within the green belt to be designed to ensure they are of an appropriate scale, massing and external appearance and to be compatible with the surrounding established countryside and landscape character. Policy 14 of NPF4 relates to liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. The site location, in the green belt and outwith a settlement, is not considered to be consistent with the qualities of either a sustainable or a connected place. 10.8 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. While the proposed individual house type designs could arguably be considered to be partly reflective of the immediate area, the proposed development would result in a suburban development in the Green Belt which is considered to negatively affect the landscape character and setting of the area as a result. Overall, this would be unacceptable in terms of layout, siting and design and it is considered that the proposal is not consistent with Policies 5, DM1 and GBRA1 of the South Lanarkshire local development plan. 104
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10.9 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. 10.10 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 2 new dwellinghouses 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. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as it has not been satisfactorily demonstrated that the proposals comply with the criteria contained within the policy relating to the provision of new dwellinghouses in the countryside and, as such, fail to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal would be contrary to Policy 17 – Rural Homes of National Planning Framework 4 (2023) as it has not been satisfactorily demonstrated that the proposals comply with the criteria contained within the policy relating to the provision of new dwellinghouses in the countryside and, as such, would not facilitate the provision of appropriate rural dwellinghouses. 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 and Policy GBRA1 - Rural Design and Development of the South Lanarkshire Local Development Plan 2 (2021) as it would result in a suburban development in the Green Belt which is considered to negatively affect the landscape character and setting of the area as a result. 105
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David Booth Executive Director (Community and Enterprise Resources) Date: 20 October 2025 Background Papers Further information relating to the application can be found online:- P/25/0869 | Erection of two single-storey dwellinghouses, formation of new vehicular access and associated works | Rowan House Manse Road Stonehouse ML9 3NX Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 106
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