Agenda Document Pack - Planning Committee - 27/01/2026
South Lanarkshire Council · 27 January 2026
Back to Planning Committee — 27 January 2026 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 19 January 2026 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, 27 January 2026 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 25 November 2025 submitted for approval as a correct record. (Copy attached) 5 - 8 Item(s) for Decision 3 Application P/25/0479 for Erection of Storage and Distribution Warehouse with Ancillary Office and Canteen (Class 6), Formation of Hardstanding and Vehicular Access and Land Engineering Operations Including Retaining Walls at Dumfries Road, Elvanfoot, Biggar Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 9 - 20 4 Application P/25/0584 for Erection of 1½ Storey House with Associated Works at Land 50 Metres East of Gainerhill Lodge, Muirkirk Road, Strathaven Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 21 - 28 5 Application P/25/0685 for Construction of Battery Energy Storage System with Capacity of 42MW and Associated Supporting Infrastructure at Land at Mid Rigg, Glentaggart Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 29 - 40 6 Application P/25/0890 for Increase in Height of Existing Timber Fence (Ranging from 2.3 to 2.9 Metres) Along Rear and Side Boundaries (Retrospective) at 3 Castlehill Green, East Kilbride Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 41 - 48 7 Application P/25/0998 for Erection of Residential Development Comprising 122 Houses and 20 Flats, Formation of Accesses, Internal Road Network, Parking, Drainage, Landscaping and Associated Works at Former Site of the University of the West of Scotland, Almada Street, Hamilton Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 49 - 62 8 Application P/25/1047 for Change of Use from Class 2 Offices to a 6- Bedroom Residential Flat at First Floor Front, 22 Bannatyne Street, Lanark Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 63 - 70 9 Application P/25/1058 for Use of Flatted Dwelling as Short-Term Let (Sui Generis) at 161 Castlemilk Road, Rutherglen Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 71 - 78 10 Application P/25/1059 for Use of Flatted Dwelling as Short-Term Let (Sui Generis) at 234 Kingsbridge Drive, Rutherglen Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 79 - 86 2
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11 Application P/25/1095 for Erection of 2 Dwellings and Associated Works at Hawks Close, C37 from Harelaw Roundabout A706 to A70 at Tarbrax, Cleghorn, Lanark Report dated 14 January 2026 by the Executive Director (Community and Enterprise Resources). (Copy attached) 87 - 94 Urgent Business 12 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 25 November 2025 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Julia Marrs (substitute for Councillor Alistair Fulton), Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Archie Buchanan, Councillor Joe Fagan (ex officio), Councillor Alistair Fulton, Councillor Cal Johnston-Dempsey, Councillor Martin Lennon Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services; D Russell, Planning Area Manager (West Team) Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests Councillor(s) Cowie Item(s) Application P/25/1031 for erection of restaurant with ancillary takeaway, new vehicular access, parking and associated works at Land at Former Petrol Station, 235 Stonelaw Road, Rutherglen Nature of Interest(s) Prior discussion on the application with an elected representative, Community Council and Planning and Regulatory Services 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 28 October 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. Councillor McLachlan joined the meeting after consideration of the above item of business 2 5
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3 Application P/25/0408 for Change of Use of Farm Steading to Form 2 Dwellings, Restoration of Farmhouse to Form 1 Dwelling, Erection of 3 Houses and Associated Access Improvements (Further Application to Amend Layout, Siting, and Design of 1 of the Houses Approved Under Planning Consent P/24/0297) at Orchard Farm, Waygateshaw Road, Carluke A report dated 17 November 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0408 by S and D Paterson for the change of use of a farm steading to form 2 dwellings, restoration of farmhouse to form 1 dwelling, erection of 3 houses and associated access improvements (further application to amend layout, siting, and design of 1 of the houses approved under planning consent P/24/0297) at Orchard Farm, Waygateshaw Road, Carluke. The Committee decided: that planning application P/25/0408 by S and D Paterson for the change of use of a farm steading to form 2 dwellings, restoration of farmhouse to form 1 dwelling, erection of 3 houses and associated access improvements (further application to amend layout, siting, and design of 1 of the houses approved under planning consent P/24/0297) at Orchard Farm, Waygateshaw Road, Carluke be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 25 June 2024 (Paragraph 10)] 4 Application P/25/0479 for Erection of Storage and Distribution Warehouse with Ancillary Office and Canteen (Class 6), Formation of Hardstanding and Vehicular Access and Land Engineering Operations Including Retaining Walls at Dumfries Road, Elvanfoot, Biggar A report dated 17 November 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/0479 by Windtranz Limited for the erection of a storage distribution warehouse with ancillary office and canteen (class 6), formation of hardstanding and vehicular access and land engineering operations including retaining walls at Dumfries Road, Elvanfoot, Biggar. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: that planning application P/25/0479 by Windtranz Limited for the erection of a storage distribution warehouse with ancillary office and canteen (class 6), formation of hardstanding and vehicular access and land engineering operations including retaining walls at Dumfries Road, Elvanfoot, Biggar be deferred to a future meeting of the Planning Committee on the grounds that the supporting information relating to the application had not been available to view on the Council website, on the day of the meeting, due to technical issues. 6
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5 Application P/25/1031 for Erection of Restaurant with Ancillary Takeaway, New Vehicular Access, Parking and Associated Works at Land at Former Petrol Station, 235 Stonelaw Road, Rutherglen A report dated 17 November 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/1301 by MN Ayub and MU Rashid for the erection of a restaurant with ancillary takeaway, new vehicular access, parking and associated works at land at former petrol station, 235 Stonelaw Road, Rutherglen. There followed a discussion on the application during which the Chair and officers responded to members’ questions on aspects of the report. The Committee decided: that planning application P/25/1031 by MN Ayub and MU Rashid for the erection of a restaurant with ancillary takeaway, new vehicular access, parking and associated works at land at former petrol station, 235 Stonelaw Road, Rutherglen be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 13 September 2022 (Paragraph 7)] Councillor Cowie, having declared an interest in this application, withdrew from the meeting during its consideration 6 Application P/25/1121 for Subdivision and Use of Former Nursery as 3 Class 1A Premises and Associated Works at 51 Machan Road, Larkhall A report dated 17 November 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/25/1121 by S Cheema for the subdivision and use of a former nursery as 3 class 1A premises and associated works at 51 Machan Road, Larkhall. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/25/1121 by S Cheema for the subdivision and use of a former nursery as 3 class 1A premises and associated works at 51 Machan Road, Larkhall be granted subject to the conditions specified in the Executive Director’s report. 7 Urgent Business There were no items of urgent business. 7
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0479 Proposal: Erection of storage and distribution warehouse with ancillary office and canteen (Class 6), formation of hardstanding and vehicular access and land engineering operations including retaining walls Site Address: Dumfries Road Elvanfoot Biggar Applicant: Windtranz Ltd Agent: Gray Planning and Development Ltd Ward: 03 Clydesdale East Application Type: Detailed Planning Permission Advert : Lanark Gazette 12.06.2025 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 3 9
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee within the context of the approved South Lanarkshire Scheme of Delegation (2024) as more than 5 objections have been submitted in relation to the proposal. 2. Site Description 2.1. The site (1.99 ha) is situated in the rural area, 1.2km to the north of Elvanfoot and 1.3km to the south of Crawford. It comprises relatively level grassland with a small number of trees along the southern boundary. There is a small area of hardstanding in the southwestern corner. 2.2. To the south the site adjoins a car and truck depot, to the west by the main west coast railway line, to the north by open grassland and to the east by the A702 and beyond by agricultural grassland. The River Clyde is nearby, 200m to the southeast and the junction slipway to the M74 is 230m to the north. 3. Description of Proposed Development 3.1. Planning permission is sought for a storage and distribution warehouse (3,375m2), to be used as a logistic hub for servicing and maintaining wind farms in the area. Also included will be an ancillary staff canteen, toilets and office. It will be used as a base for storing and transporting wind turbine components. A hard standing area will be formed for parking, vehicle manoeuvring and outside storage. 3.2. The building will be aligned along an east/west axis with the side gable facing the road and the front elevation facing into a hardstanding yard (9,746m2). The dimensions of the warehouse are 75m in length, 45m in width and 15m in height. Externally it will be finished in metal corrugated panelling. 3.3. Access will be taken from the A702, and the entrance will be wide enough to accommodate long axle heavy goods vehicles. SUDS and a sewerage treatment system will be installed. Landscaping will be established around the site perimeter. 3.4. Engineering excavations will be required to create a level area, and this will necessitate retaining walls, 1-2m in height, along the southern, northern and western boundaries. A three-metre-high palisade security fence will be installed around the site perimeter. 4. Relevant Planning History 4.1. Planning Permission CL/00/0318 was refused, in November 2001, for a car and truck service area. Planning Permission CL/02/0711 was refused, in March 2003, for a car and truck stop building. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- ⧫ Archaeology Assessment ⧫ Landscape Analysis ⧫ Planning Statement ⧫ Transport Statement ⧫ Ecology Report ⧫ Drainage Strategy 10
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6. Consultations 6.1. Historic Environment Scotland – Whilst it is noted that the proposal has the potential to affect the Collins Burn enclosure Scheduled Ancient Monument (SAM), they have no comment to make on the proposal. Response: Noted. Due to distance involved and being at a lower height, along with the intervening railway and open hillside, it is concluded that the new development will have a negligible impact upon the setting of the Collins Burn enclosure SAM. 6.2. Scottish Water - There is sufficient capacity in the Daer Water Treatment Works, however, there is no public wastewater infrastructure within the vicinity of the site. Response: The development will be serviced by a private sewerage treatment plant. 6.3. Roads, Transportation and Fleet Services – No objection subject to conditions covering access, hard surfacing, visibility, verge provision and drainage. Response: Noted. Suitable conditions would be attached to any consent issued. 6.4. Environmental Services – No objection subject to conditions covering noise emissions and floodlighting. Response: Noted. Should planning permission be approved appropriate conditions would be attached to any decision issued. 6.5. West of Scotland Archaeology Service (WOSAS) – There are three potentially significant features – an enclosure, a possible house platform and a cairn. Two of these features would be directly affected. The Archaeological Assessment, submitted by the applicant, recommends archaeological investigations to identify and record the character and condition of sites identified and any others that may survive as buried features. That approach is acceptable and therefore it is recommended that a condition requiring a programme of archaeological works is attached to any permission. Response: If consent is granted the recommended condition will be attached. 6.6. Network Rail – No comment/objection to this application as it will have no impact on railway infrastructure. Response: Noted. 6.7. Transport Scotland – No objection. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement in the local press, a total of 60 objections have been received. The issues raised are summarised as follows:- Amenity The proposed building will overshadow everything in Elvanfoot. ⧫ The area is being turned into an industrial landscape. ⧫ Loss of a greenfield site. ⧫ Disruption to the greenbelt. ⧫ There are no similar developments of this height or capacity nearby. ⧫ An urban scale development in a non-industrial setting. ⧫ The proposed building would be double the height of the building next door. ⧫ The building would be painted anthracite grey. 11
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Impact on Natural and Historic Environment ⧫ Disruption to surrounding wildlife. ⧫ Concern about archaeology that will be affected. ⧫ A Roman Road runs across the site. ⧫ Historical significance of the site and the surrounding Lowther Hills. ⧫ Elvanfoot falls within a Special Landscape Character Area. ⧫ Will destroy local moorland and turn it into a concrete wasteland. Roads Related Matters ⧫ Volume of traffic on this road is unacceptable and dangerous. ⧫ Roads in the area are in a poor state. ⧫ Increased danger to pedestrians. ⧫ Impact upon cyclists and pedestrians. Other Matters Raised ⧫ The site is inadequate for the proposed development. ⧫ Benefits will not spread to local people. ⧫ There is a need for further investigation to any potential long-term damage to the area. ⧫ Object to proposal in an area of incredible natural beauty. ⧫ Affects an important route of access to Dumfries and Galloway. ⧫ The legal supposition that this is “essential infrastructure’’ is flawed. ⧫ Toxins from mining activity will be released into the air during excavations. ⧫ This site has never been used or associated with anything related to wind farm development. ⧫ This development will not allow for continuing natural restoration of a degraded environment, it will stop it and begin new forms of landscape degradation. ⧫ Does not meet the requirement to be considered as brownfield development. ⧫ The development will lead to light pollution. ⧫ The development will result in substantial earthworks. ⧫ Visualisations have not been provided to show the impact on the landscape. ⧫ There are numerous brownfield sites in the central belt which are more suitable for these purposes. ⧫ Land is suitable for food production as it can be used for livestock production. 7.2. A range of non-material planning comments were also included in representations and these are also 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 7 - Historic assets and places Policy 14 - Design, quality and place 12
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Policy 26 - Business and industry Policy 29 - Rural development 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications, the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Development SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA2 - Business Proposals within Green Belt and Rural Area Policy NHE2 - Archaeological Sites and Monuments 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. The determining issues in the consideration of this application are its compliance with National Planning Framework 4 (NPF4) and adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 10.2. Climate Change NFP4 Policies 1 and 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. 10.3. The proposal is directly linked to the servicing and maintenance of windfarms in the area which nationally contribute to renewable energy output. Creating a logistics hub, closer to the wind farms will result in a reduction in vehicle journey times. The landscaping scheme includes native tree and hedgerow around the site periphery. If permission is granted a condition will be attached requiring electrical vehicle charging points. 10.4. The site is not at risk of flooding. There is identified surface water flooding along the road frontage, however, the proposed building and yard will sit at a higher level and would be set back from that source. Surface water runoff will be managed through appropriate drainage measures. 10.5. Overall, the proposal does not compromise the objectives of NPF4 Policies 1 and 2 and SLLDP2 Policy 2. 10.6. Principle of Development The proposed development involves the erection of a new building in the rural area that would be used as a logistic hub for servicing and maintaining wind farms in the area. NPF4 Policy 29 – Rural development seeks to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. Proposals that contribute to the viability, 13
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sustainability and diversity of rural communities and local rural economy will be supported, including those relating to essential infrastructure. Development proposals should be suitably scaled, sited and designed to be in keeping with the character of the area. This will consider how the development will contribute towards local living and take into account the transport needs of the development as appropriate for a rural area. NPF4 Policy 26 – Business and industry states that proposals for industrial use outwith identified areas will only be supported where there are no suitable alternative locations and the nature and scale of the activity will be compatible with the surrounding area. 10.7. SLLDP2 Policy 4 ‘Green Belt and Rural Area’ of the adopted South Lanarkshire Local Development Plan 2 specifies that within the rural area, the aim is to protect the amenity of the countryside while at the same time, supporting small scale development in the right places that is appropriate in land use terms and is of a high environmental quality that will support the needs of communities. It functions primarily for agriculture, forestry, recreation, and other uses appropriate to the countryside. 10.8. SLLDP2 Policy GBRA2 ‘Business Proposals within the Greenbelt and Rural Area’ states that where it is shown that appropriate buildings are not available to accommodate the needs of business, new development may be acceptable where it is shown to integrate within an established building group, or it involves redevelopment of previously developed land. The policy lists types of development considered appropriate in the rural area including extensions to existing rural business, subject to provision of a reasoned justification for expansion. In exceptional circumstances, proposals for larger scale business development that generate strategic or locally important employment opportunities, can be supported where wider economic benefits and a specific locational need can be demonstrated, and satisfactory mitigation of any adverse impacts can be achieved. 10.9. The business, located at the proposed depot, will assist with the transport, installation and maintenance of wind farms. Essential infrastructure is defined in NPF4 as including all forms of renewable, low-carbon and zero emission technologies for electricity generation and distribution and transmission electricity grid networks and primary sub stations. It is considered that the ancillary servicing of wind farms falls within the wider meaning of essential infrastructure. 10.10. The site is located within proximity to numerous operational wind farms and other schemes that are under construction or have an extant planning permission. The applicant has submitted information on the specific needs of the business and has set out alternative sites that have been considered, including sites allocated for employment use in SLLDP2. This concluded that these locations are too distant from the windfarms the business would serve and, in some cases, would be in urban locations where amenity issues would arise. The bespoke nature of the activity proposed also means the conversion of existing buildings could not be easily carried out. A location close to windfarm development and close to the motorway network is therefore the optimum solution. In view of this, it is considered a specific locational need has been established. 10.11. Ten full time jobs will be created, important in the remote rural area where there are limited employment opportunities. In addition, the scale and mass of the proposed building is acceptable given the context of the surrounding area. The site adjoins a car and truck depot and the site is effectively enclosed by the main west coast railway line and M74 motorway. There is no scope for further expansion of rural development in this locality. 14
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10.12. On the hillsides are established wind farms and blocks of coniferous commercial forestry plantations. Other structures include mobile mast, overhead masts, substation and commercial yard. Through excavations to create an even platform, the building has a floor level which has been set as low as possible. Screen planting will further minimise visual impacts. Ease of access and closeness to the M74 and the wider road network is a factor in the applicant wanting to establish a depot at this location. It is estimated that there will only be 10 to 12 vehicle movements a week. The route between the site and the windfarms to be serviced, does not pass through any villages. This proposal cannot be accommodated on any alternative site and there is a site-specific justification for this development. 10.13. In view of the above, compliance with NPF4 Policy 29 and SLLDP2 Policies 4 and GBRA2 can be demonstrated. 10.14. Natural and Historic Environment NPF4 Policy 3 relates to biodiversity and details that all local development shall include appropriate measures to conserve, restore and enhance biodiversity. 10.15. Native trees, hedgerows and wildflower grasslands will be established around the site perimeter. Existing trees and shrubs will be protected during the construction phase. As the site consists of vacant former agricultural land, the proposal will not have a significant impact on landscape features, protected habitats, or species. If permission is granted a condition will be attached requiring a nesting bird check if construction commences during the nesting season. Therefore, the proposal accords with NPF4 Policy 3. 10.16. NPF4 Policy 7 – Historic assets and places and SLLDP2 Policies 14 - Natural and Historic Development and NHE2 - Archaeological Sites and Monuments advise that development will only be supported where significant adverse impacts on Scheduled Ancient Monuments (SAM) are avoided. Non-designated historic environment assets, places and their setting should be protected and preserved in situ wherever feasible. Where it has been demonstrated that avoidance or retention is not possible, excavation, recording, analysis, archiving, publication and activities to provide public benefit may be required through the use of conditions. 10.17. The nearest SAM, the Collins Burn enclosure is located 368m to the northwest of the site. In considering the intervening distance, the SAM being on higher ground, topographical screening and viewed in the context of existing and alongside other modern infrastructure, the impact upon the setting of the SAM is assessed to be negligible. 10.18. In terms of undesignated heritage assets, on site there is a possible platform settlement, circular banked enclosures and a field clearance cairn. There is no evidence of a Roman Road crossing the site. The platform settlement and enclosures will be directly impacted whilst the clearance cairn would be unaffected. The Archaeology Report states trial trench evaluations will be undertaken to identify and record the character and condition of identified sites and any others that may survive as buried features. That approach is acceptable to WOSAS. In consideration, the objectives of NPPF4 Policy 7 and SLLDP2 Policies 14 and NHE2 will not be compromised. 15
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10.19. Layout, Siting and Design NPF4 Policy 14 Design Quality and Place and SLLDP2 Policies 5 Development Management and Placemaking and GBRA1 Rural Design and Development, aim to ensure well designed development that makes for successful places and considers the impact on residential amenity and the appropriateness of the development to a rural setting. 10.20. The proposed development represents an ancillary logistic hub serving established wind farms in the area. The character of Southern Uplands along the M74 corridor has already been changed by the installation of tall turbines on the slopes of many of the hills. The proposed development should be seen as an element of the changed landscape characteristics. 10.21. The style and design of the building, albeit higher, is like the adjacent car and truck garage and that of large modern industrial scale agricultural buildings located throughout the rural area. The colour finish on the elevations will be a graduation from light blue to white to match the sky and help merge with the wider countryside. Reprofiling, reducing ground levels and aligning the building so the side elevation faces the road will help reduce visual impacts. Mitigation measures will include new planting to provide screening and positive new biodiversity enhancement. 10.22. The site which comprises rough pasture is not located within a Special Landscape Area. No designated habitats or important landscape features are affected. The business will generate low traffic movements and noise emissions. The nearest residential property is approximately 549m to the south, therefore residential amenity impacts are not anticipated. Roads, Transportation and Fleet Services and Transport Scotland have not raised any traffic or public safety issues. Environmental Services have not objected subject to a condition restricting noise emissions and a requirement for the prior approval of flood lighting details. The proposal is therefore satisfactory in terms of NPF4 Policy 14 and SLLDP2 Policies 5 and GBRA1. 10.23. Conclusion In summary, it is considered that the proposed development is acceptable given its location with good access links to the wind farms, and to the motorway network which vehicles will use to bring turbine components to the site. Due to the special nature of the business, extensive searches for an alternative site have proved inconclusive. 10.24. The proposed development can be integrated into its setting without adverse impact upon biodiversity, landscape character, the historic environment or residential amenity. The proposal will create jobs and make a positive contribution to the local economy. Public and traffic safety will not be compromised. A significant reduction in overall vehicle journeys will enable the business to cut its carbon footprint. In view of the above, the proposal is an appropriate form of development for the site and complies with National and Local Development Plan policies. It is therefore recommended that planning permission is granted. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. 16
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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 Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. All external colours shall be agreed in writing with the Planning Authority prior to the commencement of works. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 04. That the approved landscaping scheme, as shown on the Landscape Plan (Dr no: WW/L01 C), shall be completed to the satisfaction of the Planning Authority during the first available planting season following completion of the development. Reason: In the interests of landscape character and biodiversity. 05. That the proposed works shall be undertaken in accordance with the recommendations of the Preliminary Ecological Appraisal (S.A.P Ecology and Environmental Ltd, May 2025) at all times. Reason: To minimise impact upon wildlife and biodiversity. 06. 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 Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 07. That no development shall commence until signed appendices: C 'Sustainable Drainage Design Compliance certificate', D 'Sustainable Drainage Design Independent Check Certificate' and E 'Confirmation of Future Maintenance of Sustainable Drainage Apparatus' of Council's Developer Design Guidance (May 2020) have been submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved in writing by the Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on-site and off-site flooding. 17
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08. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any such order revoking or re- enacting that order), the use of the building hereby approved shall be restricted to use as a storage and distribution warehouse serving windfarm development and for no other purpose within Class 6 as defined in the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997, without the prior written consent of the Council as Planning Authority. Reason: To ensure that the Council retains control over future developments on the site. 09. In the event that floodlighting is to be utilised, the applicant shall provide written details of the proposed floodlighting scheme to the Planning Authority prior to the development first coming into use. Submissions shall include, where appropriate:- A statement setting out why a lighting scheme is required, the proposed users, and 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 The approved scheme shall be implemented prior to the development being brought into use and shall thereafter be operated in accordance with the approved scheme to the satisfaction of the Planning Authority. Reason: To minimise the risk of nuisance from light pollution to nearby occupants. 10. That before the development hereby approved is completed or brought into use, a visibility splay of 2.5 metres by 160 metres measured from the road channel shall be provided on both sides of the vehicular access and everything exceeding 1.050 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 1.050 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 11. That before the development hereby approved is completed or brought into use, a 2 metre wide verge shall be formed along the frontage of the site. Reason: In the interests of public safety. 12. That at the proposed access point the existing drainage ditch shall be accommodated and piped. Reason: In the interests of drainage. 13. That before the development hereby approved is brought into use, a dropped kerb vehicle crossing to the site, wide enough to accommodate two-way vehicular movement of the largest vehicle likely to be using the site, shall be constructed in accordance with the specification and to the satisfaction of the Planning Authority. Reason: In the interests of traffic and public safety. 18
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14. That before the development hereby approved is completed or brought into use, the access shall be hard surfaced across its full width to prevent deleterious material being carried onto the road. Reason: To prevent deleterious material being carried onto the road. 15. That before the development is completed or brought into use, all the parking spaces shown on the approved plans shall be laid out, constructed and available for use. Reason: To ensure the provision of adequate parking facilities within the site. 16. That prior to the commencement of works, details and locations of two charging points for electrical cars shall be submitted for the written approval of the Council as Planning Authority. Prior to the completion of the development the approved charging points shall be installed and available for use. Reason: To ensure facilities for recharging electrical cars are available for the use of employees and visitors. 12. Reason for Decision 12.1. The proposal is appropriately designed and located. It is considered to be an acceptable form of development at this location since it complies with Policies 1, 2, 3, 7, 14, 26 and 29 of National Planning Framework 4 and Policies 2, 4, 5, 14, GBRA1, GBRA2 and NHE2 of the adopted South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online:- Erection of storage and distribution warehouse with ancillary office and canteen (Class 6), formation of hardstanding and vehicular access and land engineering operations including retaining walls 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 19
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0584 Proposal: Erection of 1.5 storey dwellinghouse with associated works Site Address: Land 50m East of Gainerhill Lodge Muirkirk Road Strathaven Applicant: L Simpson and I Clelland Agent: Moving Still Architecture 68 Bridge Street Dollar Ward: 05 Avondale and Stonehouse Application Type: Detailed Planning Permission Advert : East Kilbride News - 20 August 2025 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 4 21
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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 rural area approximately five kilometres south-west of Strathaven. The application site is accessed off Muirkirk Road and currently contains a temporary residential accommodation structure, stables, an arena and a storage shed. 2.2. The proposed 3 bedroom dwellinghouse and ancillary building would be located on relatively flat land on the east side of the site and the existing storage shed would require to be removed to accommodate this. The land surrounding the site is agricultural. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of a 1.5 storey dwellinghouse, ancillary building and associated works on land 50m east of Gainerhill Lodge, Muirkirk Road, Strathaven. 3.2. The proposed 3-bedroom dwellinghouse and an ancillary building, the latter of which would accommodate an outdoor storage area and kitchen would utilize the existing access. The proposed materials would be stone walls, metal cladding and roof and in design terms the proposed dwellinghouse would incorporate relatively large dormer features. 4. Relevant Planning History 4.1. Planning consent (reference P/19/1113) was granted in July 2021 for the erection of a stables facility to include indoor arena, stables, office/welfare facilities and temporary residential accommodation. At this time consent for the accommodation was issued for a two year period only and, as such, the consent expired in July 2023. The applicant continued to reside at the property and in February 2024 sought planning permission to form a permanent dwelling at the site (reference P/24/0222). Further to advice from the Planning Service that this was unlikely to be considered acceptable in planning policy terms at the time, they withdrew the application. Planning consent (Reference P/24/0305) was granted in July 2024 for the use of a modular building as temporary residential accommodation associated with an equine business for a temporary period of 2 years. 5. Supporting Information 5.1. The agent has submitted the following information to support the application:- Planning and Design Supporting Statement Business Plan Labour Report 6. Consultations 6.1. Environmental Services – No objection subject to the imposition of standard advisory notes relating to noise and septic tank. Response: Noted. 22
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6.2. Roads, Transportation and Fleet Services – No objection subject to the imposition of planning conditions relating to parking and electric vehicle charging points (EVCPs). Response: Noted. 6.3. Scottish Water – No objection. Response: Noted. 7. Representations 7.1. Following statutory neighbour notification and advertisement in the local press in respect of non-notification of neighbours, no letters of representation were received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 14 - Design, quality and place Policy 17 - Rural homes Policy 29 - Rural development 8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) The application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM1 – New Development Design Policy GBRA1 - Rural Design and Development Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The policies contained within National Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2 (SLLDP2) are the main considerations in this case, together with an assessment of any other material planning considerations. 23
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10.2. Principle of Development NPF4 Policy 17 Rural Area is of particular relevance. In general terms it comments that development proposals for new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in keeping with the character of the area. Specifically, it comments that a new property can be supported if it is demonstrated to be necessary to support the sustainable management of a viable rural business and there is an essential need for a worker to live permanently at or near their place of work. It is noted that a business plan and labour report have both been submitted in support of the proposal. 10.3. Similarly, Policy 4 – Green Belt and Rural Area of SLLDP2, together with Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business, requires proposed developments in green belt locations to be for agricultural, forestry, recreation or other uses generally appropriate to the countryside and resist isolated and sporadic development. In respect of the provision of a permanent dwellinghouse, Policy GBRA10 requires that the business has been established on site for at least two years and that a new dwellinghouse should be commensurate with the functional requirements of the business operation. 10.4. It is acknowledged that it would appear that some form of equine business has been operating from the site for over 2 years. However, the information that has been submitted in relation to how long the business has been operating, and the previous revenue does not appear to match what is publicly available. 10.5. No accounts for the previous 2 years of the business have been provided and the projected figures that have been provided are unlikely to fund the construction of a permanent dwellinghouse. The labour report figures that have been presented do not appear to be based on any official document and it is noted that the total number of horses and indeed existing stables is relatively low in relation to the equine part of the business. 10.6. As such, based on the submitted information, it cannot be satisfactorily demonstrated at this time that the business necessitates the provision of a permanent dwelling house for a key worker at this location as required by Policy 17 of NPF4 and Policy 4 and GBRA10 of SLLDP2. As a result, the proposed development would represent isolated and sporadic development within the rural area and the principle of the proposed development is therefore unacceptable in planning policy terms. 10.7. The application site is located within the rural area and the proposed dwellinghouse fails to meet any of the appropriate criteria. No specific locational need for a detached dwelling house and ancillary building has been demonstrated. It is sporadic development which does not result in significant visual and environmental benefits to the area. Therefore, the proposal is considered to be contrary to Policy 17 of NPF4 and Policy 4 of South Lanarkshire Local Development Plan 2. 10.8. Siting and Design With regard to siting and design considerations, Policy 17 of NPF4 requires proposed developments within the rural area 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. 24
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10.9. Policies 5, DM1 and GBRA1 of SLLDP2 require proposed developments to be appropriately designed and scaled in the context of the location in which they are to be sited. While the proposed individual house type design could arguably be considered to be partly reflective of the immediate area, the proposed development would result in a suburban development in the rural area 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. 10.10. 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. 10.11. Conclusion Given the above, it is considered that the proposed development has not been appropriately justified in policy terms with regards to its rural area location and that there is therefore no justification for a new dwellinghouse at this site. The proposal would have an adverse impact upon the wider amenity of the area, being an unjustified rural area development. The proposal would also be unsustainable in the rural area, failing to address climate concerns and generating increased private car trips and their associated greenhouse gasses and emissions. As such, the proposal would not comply with the relevant policies of the adopted development plan (NPF4 and SLLDP2) and it is therefore recommended that planning consent is refused. 10.12. The proposed development fails to adhere to the provisions of National Planning Framework 4, with specific regard to Policy 17 and additionally, the proposal also fails to comply with the South Lanarkshire Local Development Plan 2, with specific regard to Policies 4, 5, DM1, GBRA1 and GBRA10. As such, it is recommended that the application is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 17 – Rural Homes of National Planning Framework 4 (2023) as it has not been satisfactorily demonstrated that the proposals comply with the criteria contained within the policy relating to the provision of a new dwellinghouse in the countryside and, as such, would not facilitate the provision of an appropriate rural dwelling house. 02. 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. 25
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03. The proposal would be contrary to Policy 5 - Development Management and Placemaking, Policy DM1 - New Development Design, Policy GBRA1 - Rural Design and Development and Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business of the South Lanarkshire Local Development Plan 2 (2021) as it would result in suburban development and would not be commensurate with the functional requirements of an agricultural worker's dwelling house. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online:- P/25/0584 | Erection of 1.5 storey dwellinghouse with associated works | Land 50M East Of Gainerhill Lodge Muirkirk Road Strathaven ML10 6RE 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 26
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0685 Proposal: Construction of Battery Energy Storage System with capacity of 42MW and associated supporting infrastructure Site Address: Land at Mid Rigg, Glentaggart Applicant: Brockwell Energy Ltd Agent: Atmos Consulting Ward: 03 – Clydesdale East Application Type: Full Planning Permission Advert Date: Lanark Gazette 13 November 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant planning permission subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 5 29
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1. Reason for Report 1.1 This application is being presented to Committee as it constitutes a major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the South Lanarkshire Council Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1 The application site extends to some 3.4ha in area and comprises an area of rough agricultural grazing land, with the area surrounding the site also comprising rough grazing land. 2.2 The existing windfarms at Kennoxhead, Middle Muir and Andershaw are located to the immediate south and southeast of the site. The site is 3.6km to the southeast of Douglas and 3.7km to the north of Crawfordjohn. 2.3 The site takes access off the existing access track which serves the Mid Rigg wind farm, which in turn takes access directly off the B7078. 3. Description of Proposed Development 3.1 The application seeks detailed planning permission for a Battery Energy Storage System (BESS) with a capacity of 42MW. The main elements of the proposed development comprise the following:- 24 no. Battery Storage and Invertor Containers measuring 12m by 2.4m with a height of 3m transformer measuring 2.8m by 3.2m with a height of 2.5m Customer Control Room and Switch Room measuring 12.2m by 2.6m with a height of 3.6m Distribution Network Operator (DNO) Control Room measuring 7.2m by 5.9m with a height of 3.6mm 3.1m high security fence Firewater Reserve Tank with a diameter of 9m and height of 3m Security Cameras and Lighting Landscaping 3.2 Access to the site is taken from the existing junction from the B7078 via an access track which serves the nearby Mid Rigg wind farm. No works are proposed to the public highway and the required sightlines can be achieved. The BESS would be connected to the new Redshaw substation to the south of the site once it is constructed. 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:- Landscape and Visual Appraisal Heritage Impact Assessment Flood Risk and Drainage Assessment Firewater Management Plan Ecological Impact Assessment 30
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Design and Access Statement Outline Construction Environmental Management 6. Consultations 6.1 Roads Development Management Team – No objection to the proposed development subject to conditions relating to the submission of a Construction Phase Traffic Management Plan, an Abnormal Load Route Assessment, a Bridge Assessment, and the conclusion of a section 96 agreement to cover unreasonable damage to the public road and bridges. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.2 Environmental Services – No objection to the proposed development subject to conditions relating to noise levels. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.3 Historic Environment Scotland – No objection to the proposed development. The proposals do not have any direct impact on designated historic assets nor on the setting of nearby archaeological remains. Response: Noted. 7. Representations 7.1 Following the advertisement of the application in the local press no representations have been submitted in respect of the proposed development. 8. Development Plan 8.1 National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 7 - Historic assets and places Policy 11 - Energy Policy 29 - Rural development 8.2 South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 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 31
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9. Guidance 9.1 The following guidance is relevant to the application:- Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) 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 42MW on that land which comprises the application site. The key determining issues in the consideration of the application are its compliance with national policy, local development plan policy and its impact on the character and amenity of the surrounding area. 10.2 Assessment 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 terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals contained within SLLDP2 Volume 2. SLLDP2 Volume 2 Policy RE1 Renewable Energy supports Policy 18 and states that as well as the Checklist, renewable energy proposals should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy, Landscape Capacity Study for Wind Energy (2019 as amended) and other relevant policies in SLLDP2. 10.4 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 Policy 1 and 2, in addition to Policy 1 – Spatial Strategy and Policy 2 – Climate Change of the South Lanarkshire Local Development Plan 2. 10.5 Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms of renewable energy development. This includes energy generation through wind farm development, solar arrays and energy storage (such as battery storage). The policy makes clear that development proposals for all forms of renewable, low carbon and zero emissions will be supported. 32
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10.6 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. These include:- impacts on communities and individual dwellings, including residential amenity, visual impact, noise and shadow flicker significant landscape and visual impacts public access, including impact on long distance walking and cycling routes and scenic routes impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts 10.7 The application site is located within a relatively isolated location and is remote from any existing communities or individual residential properties. Accordingly, it is considered that the proposed development will have no direct adverse impacts upon any communities or individual residential properties. There would be no long-term significant visual impact as a result of the development. In addition, a Noise Impact Assessment submitted with the application shows there would be only one noise sensitive receptor within 2km of the site. Agreement has been reached with Environmental Services on a bespoke condition to address any impact. 10.8 The application is supported by a detailed Landscape and Visual Appraisal. The appraisal addresses the potential effects that the proposed development would have on the landscape, views and visual amenity of the local environment. A Zone of Theoretical Visibility (ZVI) map was created to identify receptors likely to be affected by views of the proposed development. Visual effects are identified for several selected viewpoints representative of views seen by people in the surrounding area. 10.9 The appraisal acknowledges that the proposed development will introduce a new renewable energy feature into the wider landscape and that the proposed development will result in a change to the existing landscape and visual baseline conditions which relate to the site itself. However, the wider area which surrounds the site is already dominated by several existing and planned renewable energy/energy related developments in the form of existing wind farms and planned BESS facilities and the recently consented substation at Redshaw. It indicates that the proposed development will have varying degrees of low to medium adverse effects during the construction and operation of the site, with there being minimal impact upon decommissioning at the end of its operational lifespan. The mitigation and enhanced landscape measures which form part of the proposed development will assist in reducing these effects. 10.10 Nevertheless, while there will be moderate effects to both the landscape character and visual amenity of the surrounding area, due to the low-lying nature of the site no part of the development would be more than 3m above ground. This will result in minimal visibility in the context of the wider landscape character of the area. In addition, there are no key viewpoints that will be directly affected by the proposal. Accordingly 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. 10.11 The proposed development incorporates embedded design mitigation measures in relation to the design of the proposed built form along with site-specific design mitigation measures. Whilst it is accepted that the proposed development will cause local change to the immediate setting of the site, these effects will be localised in nature and, as such, would be consistent with the provision of NPF4 Policy 11. Furthermore, it is accepted that these effects will quickly reduce over a short distance, 33
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as the intervening terrain and proposed mitigation measures assist in containing views of the site. 10.12 Where effects do arise, they are in relation to the perception of the influence of a new development within the context of an expansive moorland landscape which is already characterised by the presence of existing large scale renewable energy/energy infrastructure. 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. 10.13 With regards to the road traffic implications of the proposed development, the Council’s roads service has offered no objection to the proposed development subject to conditions requiring a Construction Phase Traffic Management Plan, an Abnormal Load Route Assessment, a Bridge Assessment, the submission of a bond to cover damage to bridges and the conclusion of a section 96 agreement to cover unreasonable damage to the public road. In terms of the access implications of the proposed development, any adverse impacts that will arise in relation to any long- distance walking or cycling routes will be during the construction phase. A Construction Traffic Management Plan required by condition if consent is granted will address and mitigate any impacts. 10.14 Finally, with regards to the cumulative effects of the proposed development, it is acknowledged that whilst some such effects do arise, they are relatively minor in comparison to the larger scale renewable energy developments that lie within the vicinity of the site. 10.15 Overall, while the development would result in some changes to the existing landscape fabric, aesthetic attributes and visual characteristics of the area, these changes are largely of a localised and incremental nature, with it being considered that the more significant cumulative effects stem from the larger nearby renewable energy developments, which dominate the landscape and visual environment. 10.16 On this basis, it is considered that the proposed development can be reasonably justified against the terms of Policy 11 of NPF4. 10.17 No historic or cultural assets would be affected by the proposals and Historic Environment Scotland (HES) has confirmed there would be no adverse direct impact on their setting. In terms of ecology, no priority peatland has been identified across the site. Some shallow peat is located within the site but the impact of its removal would be managed through best practice measures during construction including the storing of topsoil in a bund and its re-use during the decommissioning of the development. The site is under 5km from the Muirkirk and North Lowther Uplands Special Protection Area which is a habitat for wintering hen harriers. The ecology appraisal submitted with the application proposes a restriction on working hours within two hours of sunset and one hour of sunrise between October and February when the species would be present. Other enhancements in support of biodiversity include beetle buckets and a pond in the form of a SUDS scheme. 10.18 The application also shows that guidance from the National Fire Chiefs Council has been incorporated into the design of the scheme. A Firewater Management plan has been submitted which includes proposals for the SUDS pond to be used in the event of a fire which would provide 4 hours of defensive firefighting. It is therefore considered that on balance, the proposed development can be reasonably justified against the relevant provisions of NPF4. 34
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10.19 Conclusion In conclusion, it is considered that the proposed development complies with the relevant policies of both National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is recommended that planning permission be granted, 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:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiry of five years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997, as amended. 02. Prior to works commencing on site the applicant shall submit a Construction Phase Traffic Management Plan (CPTMP) for the written approval of the Council as Planning and Roads Authority. The plan shall include details of the following:- a. Routing for all HGVs and specialist deliveries from the M74 via Junction 13. b. Programme and anticipated monthly vehicle movements by vehicle type. c. Programme of movement for first abnormal load (including heavy lifting equipment). d. Arrangements to ensure safety of existing pedestrians and cyclists using the NCN74 passing the site 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 monitoring procedures. f. Details of all temporary construction direction signage. g. Provisions for emergency vehicle access. h. Wheel washing arrangements to prevent detritus being deposited on the public road. i. On-site car parking for construction vehicles as no parking permitted on the public road. j. Delivery and laydown space and turning area to ensure all vehicles enter and exit site in a forward gear. k. Public relations strategy for publishing the timing of abnormal load movements. l. Identification of a nominated person to whom any road safety issues can be referred. m. An agreement under section 96 of the Roads (Scotland) Act 1984 between the Council and the developer Following the approval of the TMP:- i. The developer shall notify the Roads Authority in writing, as soon as reasonably practical, of any changes in construction and decommissioning related activities where these will have an impact on the approved TMP. The developer must consult with the Roads Authority and Police Scotland to agree in writing any changes to the TMP and thereafter adhere to and implement the agreed changes within the timescale set out. 35
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ii. The developer shall undertake all work associated with the approved TMP and any subsequent amendments in accordance with the approved TMP. All specialist components shall be delivered to site in accordance with the approved TMP and Abnormal Load Route Assessment. The developer shall notify the Roads Authority in writing should they propose to remove any excess material from site. Any such notification shall include details of proposed traffic routes and phasing of such operations all for the approval of the Planning Authority in consultation with the Roads Authority. Reason: In the interests of road traffic safety and to allow the Council to consider these matters in detail. 03. That a minimum of four months prior to abnormal loads being moved, the applicant shall submit, for the written approval of the Council as Roads Authority, an Abnormal Load Route Assessment for delivery of specialist components and lifting equipment which shall include details of any modifications required to the Council’s local road network. Reason: In the interests of road traffic safety and to allow the Council to consider these matters in detail. 04. That a minimum of four months prior to abnormal loads being moved the applicant should submit for the approval of the Council, as Technical Approval Authority, reports covering Principal Inspections and Bridge Assessments all undertaken in accordance with the Design Manual for Roads and Bridges for all Council owned roads structures over which the abnormal loads and lifting equipment will travel. The Bridge Assessments should include for the action of all proposed abnormal loads and lifting equipment associated with the construction of the development. Reason: In the interests of road traffic safety and to allow the Council to consider these matters in detail. 05. That no development shall commence until a swept path analysis has been submitted for the written approval of the Planning Authority. Reason: To allow the Council to consider these matters in detail. 06. That prior to works commencing on site the applicant shall undertake a roads dilapidation survey for the B7078 for 50 metres either side of each proposed site access. Interim and final surveys shall be undertaken as directed by the Council as Roads Authority. Each inspection shall be recorded in a report to include photographs, plans and descriptions of road conditions and that this information shall be submitted to the Council for record purposes within 7 days of the survey being undertaken. Reason: To ensure that the Council can consider these matters in detail. 07. That the applicant shall be responsible for repairing damage identified through the dilapidation surveys that are attributable to their operations and undertake all necessary repairs within timescales stipulated by the Council as Roads Authority. Reason: In the interests of road traffic safety. 36
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08. The developer shall ensure that (prior to the development becoming operational) the developer shall ensure that the neighbourhood noise levels (including noise from industrial and commercial noise sources) comply with the following:- Part 1: 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 (LA90,30 min) by more than 4dB within the curtilage of any pre-existing noise sensitive receptor. Measurements shall be conducted in accordance with British Standard BS 4142:2014+A1:2019 – Method for Rating and Assessing Industrial and Commercial Sound at the proposed development site or as appropriate noise sensitive receptor. 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 (LA90,30min) by more than 4dB within the curtilage of any pre-existing noise sensitive receptor. Measurements shall be conducted in accordance with British Standard BS 4142:2014+A1:2019 – Method for Rating and Assessing Industrial and Commercial Sound at the proposed development site or as appropriate noise sensitive receptor. Part 2: The external noise levels resultant from the development as they affect any pre-existing residential property shall not exceed. 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. c) The external noise shall not give rise to instantaneous noise events at any time that exceed an LAmax of 60dB during night-time (23:00 – 0700). An assumption of 15dB attenuation is assumed for a partially open window. Part 3 The Internal Noise Rating Values, resultant from the development, as measured within any residential property shall not exceed of NR 15 at any time to ensure that it remains inaudible. Supporting Documentation The conditions outlined above are contingent upon the supporting documentation submitted in relation to the application referenced 65351-05, dated 16 May 2025, as prepared by Atmos Consulting, 24 Canning Street, Edinburgh, EH3 8EG. Reason: In the interests of the amenity of the surrounding area. 09. At the reasonable request of the Planning Authority and following a complaint to it relating to noise emissions arising from the operation of the development or light emissions from the associated floodlighting installations the developer shall appoint an independent consultant, whose appointment shall require to be approved by the Planning Authority, to evaluate the level of noise emissions or light illuminance from the development. Any assessment that is undertaken to determine internal noise levels within a residential property shall be based on external free-field noise levels, and the following levels of attenuation should be applied to account for a partially open window, unless otherwise agreed:- 37
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Frequency (Hz) 63 125 250 500 1000 2000 4000 dBZ 20 14 14 16 14 17 19 Where an assessment is, in the opinion of the Planning Authority acting reasonably, found to be in breach of the noise limits conditioned or the Institute of Lighting Professionals and International Commission on Lighting (CIE) guidance, suitable mitigation shall be put in place. The mitigation measures shall be required to be implemented within timescales agreed with the Planning Authority. Reason: To ensure that the Council can retain effective control over the development. 10. No development shall take place within the development site as outlined in red on the approved plans until the developer has secured the implementation of a programme of archaeological works in accordance with a scheme of written investigation which has been submitted by the applicant, agreed with the West of Scotland Archaeological Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority, in discussion with the West of Scotland Archaeological Service. Reason: To ensure that any unrecorded archaeological remains within the site are properly investigated and recorded. 11. 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. 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. 38
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12. Reason for Decision 12.1. The proposal is appropriately designed and located. It is considered to be an acceptable form of development at this location and complies with National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online:- https://publicaccess.southlanarkshire.gov.uk/online- applications/applicationDetails.do?activeTab=documents&keyVal=SXPE2LOPG3P00 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 39
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0890 Proposal: Increase in height of existing timber fence (ranging from 2.3 to 2.9 metres) along rear and side boundaries (retrospective) Site Address: 3 Castlehill Green East Kilbride G74 5BY Applicant: Annabel McAulay Agent: Michael Phiri Ward: 09 East Kilbride West Application Type: Full Planning Permission Advert Date: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant Legal Agreement: N/A Direction to Scottish Ministers N/A 6 41
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Section 4B(17)(b) of the adopted Scheme of Delegation 2024 as it is being recommended for approval and is subject of more than 5 valid letters of representation (following notification) that express objection about the proposal. 2. Site Description 2.1. The application site relates to a residential property bounded by a lane to the east, which leads to a ‘play and informal recreation area’ at the rear of the site; that is encircled by various residential plots, sections of lawn and trees lining rear boundaries of the respective curtilages. 3. Description of Proposed Development 3.1. The proposal relates to an increase in height of an existing timber fence that borders the rear and side boundary of the site; with heights ranging from 2.3 metres to 2.9 metres. Previously, the fence height was 1.8 metres. 3.2. The rearmost fencing will have a maximum height of 2.9 metres; though it will mostly be screened by trees outwith the curtilage. The height of the north-eastern side boundary fence will be predominantly 2.5 metres, and the south-western side boundary will range from 2.3 metres to 2.9 metres at the apex point. 3.3. The works have already been completed and, as such, the application is retrospective, intending to regularise the development. It should be noted that the application form states that the works were completed in 2015, though representations have disputed this information, advising that it has been constructed more recently as 2021 or 2022. 3.4. Within this context of the date of development; planning legislation states that there is a four-year limit applied to “operational development” (the carrying out of building, engineering, mining or other operations in, on, over or under land). After four years following the breach of planning control, no enforcement action can be taken. 3.5. The completed works have been subject to six complaints in relation to an alleged breach of planning control; though in five of these instances, while a breach was identified, the case was closed as it was deemed not in the public interest to pursue. During the sixth and most recent enforcement complaint; this application was received to regularise the works under a full planning permission application and, as such, the enforcement case was closed on the grounds that a retrospective application was appropriate. 4. Relevant Planning History 4.1. None relevant. 5. Supporting Information 5.1. The agent has submitted the following information to support the application:- Supporting statement 6. Consultations 6.1. No formal consultations were required to be undertaken in respect of this proposal. 42
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 25 representations have been received (25 objections) as defined in the scheme of delegation. The issues raised are summarised as follows:- Overshadowing Design Scale Siting Materiality The above issues will be considered in the assessment below and full copies are available on the planning portal. 7.2. Other non-material planning comments were included in representations. These points relate to:- Land ownership disputes Description of proposal in application form (referring to photovoltaic (PV) solar panels) Where the development has commenced or been completed (in advance of the application for planning permission) Structural integrity and perceived unsafeness of development Removal of trees outwith the curtilage of the applicant 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 14: Design, quality and place Policy 16: Quality homes 8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) For the purposes of determining planning applications, the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 3: General Urban Areas and Settlements Policy 5: Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM2: House Extensions and Alterations 43
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South Lanarkshire Council (SLC) Supporting Planning Guidance Development at a dwellinghouse 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The policies contained within National Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2 (SLLDP2) are the main considerations in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development Policies 3, 5 and DM2 of the SLLDP2 collectively seek to ensure that all new proposals are appropriately designed and scaled, with no adverse impact on amenity. Policy 14 of NPF4 relates to liveable places, it sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 16 of NPF4 advises that householder development proposals will be supported where they:- i. Do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design, and materials; and ii. Do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. 10.3. The proposal relates to the increase in height of an existent timber fence that lines either side and rear of the residential plot. It is considered that the design, position, materiality and scale of the proposed fence is reflective of the residential surrounds; and the proposed development would look fairly commonplace in such a setting. Whilst the height is notable; it is not deemed to incur any significant amenity impacts in terms of overshadowing to adjacent properties. 10.4. The rearmost fencing is enclosed by trees outwith the curtilage; largely shielding this element from public view. The proposed fencing element is a minor addition forming an enclosure leading to the side of the house and visually removed from the streetscape. It is therefore considered that the proposed development would not result in a significant material impact upon the amenity and character of the area, the streetscape, or any adjacent properties. Consequently, the proposal accords with the provisions of Policies 3, 5 and DM2 of SLLDP2 and Policies 14 and 16 of NPF4. 10.5. Other Issues The fence has been constructed, and is in situ, and as such, the application is retrospective. During the site visit it was noted that the fence at various stages was clearly slanted at several sections. This had been referred to by various representations detailing their concerns about the structural integrity and safety of the fence. 44
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10.6. Nonetheless, these matters are non-material within a planning assessment and while it is ultimately the responsibility of the developer to ensure that the fence is satisfactorily erected, in terms of the relevant Building Regulations, given the nature and location of the fence, there is no enforcement action pending or contemplated by the Building Standards Service in relation to this property under the Building (Scotland) Act 2003. 10.7. Representations identified that the fence had been constructed outwith the ownership and curtilage of the applicant. Following the site visit it is considered that the positioning of the fence was broadly conterminous with the position indicated on the submitted site plan. 10.8. Nonetheless, it is recognised that a section of the fencing has been erected within close proximity to an adjacent public footway, whereas the submitted plans are indicative of the fencing lining the curtilage. Considerations towards development and land ownership are a private or civil matter for the relevant parties to resolve; either by mediation or if necessary, through a legal process. Land ownership is neither a material planning consideration, nor an issue in which a Planning Authority has recourse to take action. 10.9. Conclusion The proposal complies with Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) and will not result in a detrimental impact on either visual or residential amenity. There are no other material considerations which would justify the refusal of planning permission. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission with no conditions. 12. Reason for Decision 12.1. The proposal complies with Policies 1, 2, 14 and 16 of National Planning Framework 4 and Policies 2, 3, 5, and DM2 of the South Lanarkshire Local Development Plan 2. The proposal will not have an unacceptable impact on residential amenity or the character of the area. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online:- P/25/0890 | Increase in height of existing timber fence (ranging from 2.9 to 2.4 metres) along rear and side boundaries (retrospective) | 3 Castlehill Green East Kilbride G74 5BY 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. 45
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Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 46
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/0998 Proposal: Erection of residential development comprising 122 dwellinghouses and 20 flats, formation of accesses, internal road network, parking, drainage, landscaping and associated works Site Address: Former University of the West of Scotland, Almada Street, Hamilton, ML3 0DG Applicant: Keepmoat Homes and the University of West of Scotland Agent: Iceni Projects Ward: 17 - Hamilton North and East Application Type: Full planning permission Advert Date: Hamilton Advertiser - 18 September 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions following the conclusion of an appropriate legal agreement Legal Agreement: Section 75 Agreement (or other appropriate legal agreement) to cover developer contributions Direction to Scottish Ministers No 7 49
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1. Reason for Report 1.1. The Scheme of Delegation requires that all major applications, such as this proposal for more than 50 dwellings, are determined by the Planning Committee. 2. Site Description 2.1. The application site extends to approximately 3.4 hectares and is situated in an established mixed-use area, located to the north west of Hamilton town centre. The application site previously accommodated the University of the West of Scotland (UWS) campus. The buildings have been demolished and the site cleared. The application site is now an area of vacant land adjacent to one of the main routes through Hamilton, which is resulting in an adverse visual impact on the streetscape. 2.2. The site has direct frontage onto Almada Street and is enclosed by a range of land uses including Hamilton Sheriff Court, Lanarkshire Health Board, commercial and office developments, residential properties, student accommodation, public car parks and restaurants. 2.3. Vehicular and pedestrian access to the site is via Barrack Street and Arthur Street and there is pedestrian access to the site via Beckford Lane. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of a residential development comprising 122 dwellinghouses and 20 flats, formation of accesses, internal road network, parking, drainage, landscaping and associated works at the former University of the West of Scotland, Almada Street, Hamilton. 3.2. The proposal relates to a mix of house types ranging from flats to detached properties of varying designs and includes 36 units for social rent, with the end user being South Lanarkshire Council. The proposed buildings would range between 2 and 4 storeys in height. Higher density development is proposed along Almada Street with a view to creating a strong frontage on this main route through Hamilton. Externally, the properties are proposed to be finished in a combination of facing brick, render, glazing panels and concrete roof tiles. The development would contain a mix of terraced, semi-detached and detached dwellings, along with flatted properties. The properties would vary from one bedroom to four bedrooms. 3.3. The proposal includes vehicular access to the development from Arthur Street and Barrack Street. In addition, pedestrian accesses are proposed from Almada Street and Beckford Lane and there are footpath links throughout the site. The development includes 257 off street parking spaces associated with the residential units and 10 visitor spaces. The proposal also includes a SUDS pond to the northeast of the site, a ‘village green’ to provide amenity space and a landscaping scheme. 4. Relevant Planning History 4.1. The planning history relating to this site is as follows:- HM/17/0488 - Mixed Use Development Incorporating Residential Dwellings, Hotel, Office, Care Home, Retail, Restaurant/Café, Open Space and Associated Works (Planning Permission in Principle) (approved 13 June 2020) P/22/0469 - Application to discharge conditions 1 (excluding 1(f)), 6, 8, 9, 10, 11, 12, 13, 14, 16 and 18 of consent HM/17/0488 (Mixed use development incorporating residential dwellings, hotel, office, care home, retail, restaurant/café, open space, and associated works (Planning Permission in Principle) (Approval of matters specified in conditions) (approved 15 September 2022) 50
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P/24/0017/PAN - Proposed residential development with associated access, amenity space, SUDS and related work P/25/0133 - Residential development with associated landscaping, access and associated works (Screening Opinion request) 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Design and Access Statement Planning Statement Statement of Community Benefit Pre-Application Consultation Report Noise Impact Assessment Transport Statement Flood Risk Assessment and Drainage Strategy Report Preliminary Ecological Appraisal Tree Constraint Report Air Quality Impact Assessment 6. Consultations 6.1. Environmental Services - No objection to the proposal, subject to conditions relating to the submission of a site investigation and adhering to the recommendations of the submitted Noise Impact Assessment. Response: Noted. 6.2. Roads Development Management Team – No objection to the proposal regarding parking or access arrangements. A condition is proposed to ensure an appropriate connection to nearby cycling infrastructure and to enhance links to public transport. Response: Noted. 6.3. Roads Flood Risk Management - No objection to the proposal. Response: Noted. 6.4. Scottish Water - No objection to the proposal. Response: Noted. 6.5. Housing Services – No objection to the proposal and have advised that the site is identified in the South Lanarkshire Strategic Housing Investment Plan (SHIP). Response: Noted. 6.6. Education Resources School Modernisation Team - No objection to the proposal subject to contributions to increase capacity in relevant catchment schools. Response: Noted. 6.7. Community and Enterprise Resources - Play Provision Community Contributions - No objection to the proposal. Response: Noted. 6.8. Countryside and Greenspace - No objection to the proposal. Response: Noted. 6.9. West of Scotland Archaeology Service - No objection subject to a condition requiring an appropriate programme of archaeological works. Response: Noted. 51
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no letters of representation have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and sets out spatial principles, regional priorities, national developments and national planning policy. The relevant policies are:- National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 9 - Brownfield, Vacant and Derelict Land and Buildings Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 15 - Local Living and 20 Minute Neighbourhoods Policy 16 - Quality Homes 8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2: SLLDP2 Volume 1 and 2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 11 - Housing Policy 13 - Green Network and Greenspace Policy 15 - Travel and Transport Policy DM1 - New Development Design South Lanarkshire Council (SLC) Supporting Planning Guidance Community Infrastructure Assessment Electric Vehicle Charging Points (August 2022) 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development The determining issues in the consideration of this application are its compliance with national policy, local development plan policy and its impact on residential amenity, traffic safety, environmental matters and infrastructure issues. 52
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10.2. Policy 9 of NPF4 identifies that proposals for the re-use of vacant brownfield land and existing buildings will be supported as this will maximise the use of existing assets and minimise additional land take. The proposal relates to the sustainable re-use of vacant land within an established urban area to provide residential accommodation. Subsequently, the proposal accords with the provisions of Policy 9 of NPF4. 10.3. Policy 16 of NPF4 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations. The site is allocated for housing within the Local Development Plan and the development proposal includes a 25% on site contribution (36 units) of affordable homes. Therefore, the principle of the development of the site for residential use accords with the provisions of Policy 16 of NPF4. 10.4. The site is allocated for residential land use, under the provisions of Policy 11 of the adopted Local Development Plan. This policy requires that a range of house sizes and types are provided to facilitate a greater choice, to ensure the needs of the local community are met. The proposal seeks approval for residential development on the site and includes a range of accommodation types such as flatted units, cottage flats, terraced properties, semi-detached and detached properties. These properties will accommodate between one to four bedrooms. Subsequently, it is considered that the proposal accords with the provisions of Policy 11 of the adopted Local Development Plan. 10.5. The application site is also allocated as a ‘development framework site’ as part of the Councils spatial strategy under the provisions of Policy 1 of the adopted Local Development Plan. The proposed redevelopment of this vacant site raises no issues within the context of Policy 1 of the adopted Local Development Plan. 10.6. In addition, Policies 1 and 2 of the adopted Local Development Plan and National Planning Framework 4 encourage sustainable economic growth and regeneration, a move towards a low carbon economy, the protection of the natural and historic environment and mitigation against the impacts of climate change. The proposal involves the regeneration of a vacant site in Hamilton and therefore raises no issues within the context of Policies 1 and 2 of the adopted Local Development Plan or NPF4. 10.7. Layout, Siting and Design Policies 14 and 15 of NPF4 relate to 20 minute neighbourhoods and 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. Policy 15 establishes that development proposals should contribute to local living and 20 minute neighbourhoods. 10.8. The site is situated in close proximity to a wide range of facilities and local services and is within walking distance of the town centre. The site is considered to be well connected, situated in close proximity to public transport nodes and adjacent to Bothwell Road which directly links to the wider transport network. The proposal is situated in a sustainable location, which will create a 20 minute neighbourhood and allow the occupiers to enjoy local compact living. In addition, the site is considered to be adaptable as the proposal seeks to ensure the long-term re-occupation of a derelict site whilst improving the vitality and viability of the local area. Subsequently, it is considered that the proposal accords with the provisions of Policies 14 and 15 of NPF4. 53
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10.9. In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area, and to promote quality and sustainability in its design. Prior to the demolition of the existing buildings, the site was reasonably densely developed and accommodated a number of structures of significant scale and associated car parking provision. The surrounding area comprises a wide range of building styles and materials, including a number of traditional listed buildings directly adjacent to the site. 10.10. The proposal relates to a wide range of residential accommodation of varying scale and design. Following a detailed assessment, it is considered that the proposed development will improve the visual impact of the streetscape, particularly the high density frontage which will be created onto Almada Street. In addition, the external finishes of the development are considered acceptable within the context of the established area. 10.11. The development will provide a choice of residential accommodation which will meet the diverse needs of the local community. It is considered that the buildings have been designed and positioned within the site to minimise significant adverse impact on any adjacent properties in terms of loss of light, overshadowing, overlooking or loss of privacy. In addition, quality amenity space has been provided. Subsequently, following assessment, it is considered that the design, location and scale of the proposed development is acceptable and the proposal raises no issues within the context of Policies 5 and DM1 of the adopted Local Development Plan. 10.12. Natural Environment NPF4 Policy 3 details that development shall include appropriate measures to conserve, restore and enhance biodiversity. In addition, the policy states that any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment should be minimised through careful planning and design. The site is urban in nature and has been the subject of substantial demolition and the ecological survey work identified that there is a lack of species diversity. Whilst the proposal includes the removal of a number of trees, the development includes a new landscaping scheme which will contribute towards an enhancement of biodiversity at the site, in accordance with the provisions of Policy 3 of NPF4. 10.13. The site is designated as part of the established green network and is affected by the provisions of Policy 13 of the adopted Local Development Plan, which seeks to protect against the loss of areas of priority greenspace. The proposed layout incorporates structural landscaping and open space to enhance the urban form and character of the site. In addition, the proposed village green amenity space is an integral part of the street/public space network. It is considered that the proposed dwellings will only occupy a proportion of the development site and the remaining areas will be significantly improved, simultaneously contributing towards placemaking, active travel, wildlife movement and biodiversity. Subsequently, the proposal raises no issues within the policy context of Policy 13 of the adopted Local Development Plan. 10.14. Transport Policy 13 of NPF4 provides support for development proposals which have links to local facilities, are accessible via public transport, provide low emission vehicle charging points and take into account the transport needs of diverse groups whilst simultaneously reducing the dominance of the car. The location of the site and the design of the proposal supports sustainable travel and generally addresses these infrastructure requirements, in accordance with the provisions of Policy 13 of NPF4. 54
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10.15. Policy 15 of the adopted Local Development Plan seeks to ensure that development considers, and where appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of provision for walking, cycling and public transport. In this regard, the site is situated in close proximity to a wide range of facilities and services. In relation to public transport, there are a number of bus stops in very close proximity to the site on Almada Street and Bothwell Road and the site is also situated in close proximity to Hamilton West train station. In addition, the development would be well integrated into existing walking and cycling networks. Roads, Transportation and Fleet Services have fully assessed the application and consider that the proposal is acceptable in terms of access, parking and road safety issues. Subsequently, it is considered that the proposal accords with the provisions of Policy 15 of the adopted Local Development Plan. 10.16. Conclusion In conclusion, the proposal relates to the creation of a high quality residential development on a prominent vacant site which will include an element of affordable accommodation. The design, layout and general impact of the development is considered to be acceptable and the proposal raises no significant environmental or infrastructure issues. Overall, it is considered that the proposal complies with the provisions of the relevant policies within National Planning Framework 4 and the South Lanarkshire Local Development Plan. It is therefore recommended that the application be granted subject to the conditions listed. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to conditions following conclusion of a legal agreement:- The legal agreement shall cover subject matters of affordable housing, education, roads and community infrastructure. If the legal agreement is not agreed within six months of the decision of the 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 in writing 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 no development shall commence on site 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 55
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Council's Sustainable Drainage Design Criteria and shall include signed appendices A-E. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on-site and off-site flooding. 04. That prior to the occupation of the development, the landscaping scheme as shown on the approved plans shall be completed. Reason: In the interests of biodiversity and visual amenity of the area. 05. That before development starts, full details of the design and location of all fences and walls, including any retaining walls to be erected on the site shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 06. That prior to the occupation of the development, the walls and fences approved under the terms of the above condition shall be erected. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 07. That prior to the commencement of works on site, a comprehensive site investigation, carried out to the appropriate Phase level, shall be submitted to and approved in writing by the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- - Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) - Land Contamination Risk Management Guidance (LCRM) - issued by DEFRA and the Environment Agency - the latest edition of BS 10175-British Standards institution ‘The Investigation of Potentially Contaminated Sites-Code of Practice’. (a) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. (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: The previous land use was as military land and may have included the storage, manufacture or testing of explosives, propellants, ordnance, small arms or ammunition. 56
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08. That the measures identified in the Noise Impact Assessment Report, prepared by Sandy Brown (dated 11 February 2025), shall be fully implemented on site prior to the occupation of the approved development. Reason: To protect the amenity of residential properties. 09. That, unless otherwise agreed in writing, before the development hereby approved is brought into use, the design of the entire access road (including dropped kerb accesses) and footpath network serving the development shall be agreed in writing with the Planning Authority. Thereafter the access road and footpath network shall be laid out and constructed in accordance with the agreed specification, within a timescale to be agreed in writing with the Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the dwellings. 10. That no development shall commence until a Construction Phase Traffic Management Plan (CPTMP) has been submitted to and approved in writing by the Council as Planning and Roads Authority. The plan shall include details of the following and all construction works shall be undertaken in accordance with the approved CPTMP:- - The proposed delivery route for HGV traffic and construction vehicles. - The wheel washing facilities to prevent detritus being deposited on the public road. - The arrangement of construction compound(s) and contractor/staff car parking on site to ensure that no vehicles are parked on the public road. - The location and layout of the delivery area and turning area within the site to ensure that all construction delivery vehicles can enter and exit site in a forward gear. - Prior to agreement with the Council as Roads Authority, an identification of the construction traffic route for which the required road dilapidation survey will be undertaken. Reason: In the interests of road safety. 11. That prior to the commencement of works on site, an active travel plan shall be submitted to and approved in writing by the Council as Planning and Roads Authority. This document shall include details of a cycle route which links Hamilton West Train Station and provides connection to NCR 74. Reason: To retain effective planning control and ensure the development is fully integrated and promotes active travel. 12. That no development shall commence on site until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Council as Planning Authority and by the West of Scotland Archaeology Service. 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 site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. 57
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Reason: These details have not been submitted or approved. 13. Prior to the commencement of development, a cycling and pedestrian connection strategy shall be submitted for the written approval of the Planning Authority. The strategy shall demonstrate how the site is to be linked to NCR 74 and Hamilton West Train Station and detail any necessary works. Thereafter, the approved works shall be completed within a timescale agreed with the Planning Authority. Reason: To ensure that the development site is connected to the surrounding cycling and pedestrian network. 14. That, unless otherwise agreed, prior to the occupation of the fifty-first unit within the development, junction modelling of the following junctions shall be undertaken to the specification of the Council as Planning and Roads Authority and agreed in writing. Thereafter, any necessary amendments to the traffic signal junctions shall be undertaken and completed within a timescale agreed in writing with the Planning Authority. This modelling is to ensure that the traffic signal junctions are optimised based on the changes in traffic flows which will occur on the network as a result of the development. B755 Wellhall Road / Peacock Drive / B755 Wellhall Road / Peacock Cross Link Road B755 Wellhall Road / Union Street / A724 Almada Street / A724 Burnbank Road A724 Almada Street / Montrose Crescent / A72 Almada Street / A724 Douglas Street B7071 Bothwell Road / Caird Street / Bothwell Road Douglas Street / Douglas Park Lane / Caird Street Peacock Way / A724 Burnbank Road / A724 Clydesdale Street / A724 Burnbank Road A72 Muir Street / B7071 Cadzow Street / A72 Muir Street / Lidl Access Reason: In the interests of public and road safety and to ensure that the development does not have a detrimental impact on the surrounding road network. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 9, 13, 14, 15 and 16 of the National Planning Framework 4 and raises no issues within the context of Policies 1, 2, 5, 11, 13, 15 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 58
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Background Papers Further information relating to the application can be found online:- P/25/0998 | Erection of residential development comprising 122 dwellinghouses and 20 flats, formation of accesses, internal road network, parking, drainage, landscaping and associated works | Former University Of The West Of Scotland Almada Street Hamilton ML3 0DG 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 59
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Addendum Specifying Heads of Terms in relation to any relevant legal agreement. Planning Application No. P/25/0998 Development Description Erection of residential development comprising 122 dwellinghouses and 20 flats, formation of accesses, internal road network, parking, drainage, landscaping and associated works Site Address Site of Former University of the West of Scotland Almada Street Hamilton Applicant Keepmoat Homes and the University of the West of Scotland Date of Committee 27 January 2026 Type of obligation Section 75 or 69 Obligations Resource Summary of Required Contributions Community To be confirmed. Education Contributions towards education requirements at the following locations:- Secondary, primary and nursery provision in the local area Housing Affordable housing to be provided on site. Roads N/A 61
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Report Agenda Item Amended Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/1047 Proposal: Change of use from class 2 offices to a six-bedroom residential flat Site Address: First Floor Front 22 Bannatyne Street Lanark ML11 7JR Applicant: Foyle Property Management Agent: Architectural Plans Ltd Ward: 02 Clydesdale North Application Type: Full Planning Permission Advert Date: Lanark Gazette – 15 October 2025 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 8 63
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee within the context of the approved South Lanarkshire Scheme of Delegation (2024) as more than 5 objections have been submitted in relation to the proposal. 2. Site Description 2.1. The applicant seeks detailed planning consent for the change of use from class 2 offices to a six-bedroom residential flat on the first floor of 22 Bannatyne Street, Lanark. The application site is located in Lanark town centre and conservation area. 3. Description of Proposed Development 3.1. The proposal relates to the entire first floor of 22 Bannatyne Street. The ground floor is currently in commercial use and divided into four separate units. The proposal seeks to convert the existing commercial accommodation, located within Lanark town centre and conservation area, into a six bedroom flat. 3.2. Each of the six office spaces would be converted into a bedroom with en‑suite facilities, including a W/C and shower. The existing conference room would be repurposed as a living room, the staff kitchen would serve as the main kitchen, the tea preparation area would be converted into a utility room, and the reception area would function as a hall. No external alterations or extensions to the property are proposed. 3.3. The agent has confirmed that the site will not be used as a short‑term let or as a House in Multiple Occupation (HMO). It was highlighted that any change of this nature would require a separate planning application. 4. Relevant Planning History 4.1. No relevant planning history. 5. Supporting Information 5.1. Not applicable. 6. Consultations 6.1. Roads, Transportation and Fleet Services – No objection but they advise that there is not sufficient parking for the proposed development which would normally require 3 car parking spaces. Response: Noted. 6.2. Environmental Services – No objection to the proposal subject to a condition regarding residential waste control. Response: Noted. 7. Representation(s) 7.1. Following the statutory period of neighbour notification and advertisement published in the Lanark Gazette in respect of this application, a total of nine objections have been received. The issues raised are summarised as follows:- Material Considerations Impacts on drainage Concerns regarding parking for the proposed development Concerns regarding future use of short-term let accommodation/HMO/B&B and the noise generated by this use Concerns regarding local infrastructure and utilities Strain on waste facilities Not an appropriate use for the building 64
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The above issues will be considered in the assessment below and full copies are available on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 7 Historic assets and places Policy 9 Brownfield, vacant and derelict land and empty buildings Policy 13 Sustainable transport Policy 14 Design, quality and place Policy 15 Local living and 20 minute neighbourhoods Policy 16 Quality homes Policy 27 City, town, local and commercial centres 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications, the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 1 Spatial Strategy Policy 2 Climate Change Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Development SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy NHE6 Conservation Areas 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development 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. 65
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10.2. In terms of the principle of the development, the application site is located within the settlement boundary and within the town centre. Policy 3 of the SLLDP2 - General Urban Areas and Settlements advises that developments which would be detrimental to the amenity of residents and the wider community or to the character of the surrounding area will not be permitted. 10.3. Policy 5 of the SLLDP2 - Development Management states that proposals should have no unacceptable significant adverse impact on adjacent buildings, streetscape or residential amenity in terms of noise disturbance. SLLDP2 Policy DM1 – New Development Design requires new developments to respect the local context and be appropriate to the character and topography of the site in terms of layout, scale, proportion, massing and appearance. 10.4. NPF4 Policy 27 City, town, local and commercial centres seeks to encourage, promote and facilitate development in city and town centres, to adapt to long term economic, environmental and societal changes and encourage town centre living. Specifically, Part (e)(iii) confirms that the conversion or reuse of vacant upper floors of properties within city and town centres for residential purposes will be supported. SLLDP2 Policy 9 Network of Centres seeks to ensure strategic town centres, such as Lanark, have a mix of commercial and community focal points. The proposal is for a residential use on the upper floor within an existing strategic town centre, which is considered appropriate in principle. 10.5. As outlined above, the proposal involves the conversion of a commercial unit within the town centre. This complies with the aims of Policies 3, 5, and DM1 of the SLLDP2, as well as Policy 27 of NPF4. The development is unlikely to cause detrimental effects to the amenity of surroundings or to the character of the conservation area. 10.6. Climate Change and Biodiversity Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. Policy SDCC7 of the SLLDP2 seeks to minimise the carbon emissions from new buildings. The proposal is not considered to raise any issues in this regard. 10.7. Layout, Siting and Design Policy 14 - Design, Quality and Place of NPF4 aims to encourage, promote and facilitate well designed development that makes successful places by taking a design- led approach and applying the Place Principle. It sets out six qualities of successful places (Healthy, Pleasant, Connected, Distinctive, Sustainable, Adaptable). It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. 10.8. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.9. NPF4 Policy 16 Quality Homes aims to encourage, promote, and facilitate the delivery of high-quality, affordable, and sustainable homes in appropriate locations. It specifies that housing on land not allocated for residential use will only be supported in limited circumstances, as outlined in part (f). In the context of Lanark, the proposed conversion of an upper floor to flatted dwellings is regarded as a small-scale opportunity within the existing settlement boundary, thereby satisfying part (iii). The site also aligns with the principles of local living concept set out in NPF4 Policy 15, meeting the requirements of part (ii). A timing condition will be attached to any 66
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permission granted, in accordance with part (i). The proposal satisfies the criteria set out in Policy 16 of NPF4 and is therefore compliant with the policy. 10.10. NPF4 Policy 7 Historic Assets and Places along with Policy 14 and NHE6 of the SLLDP2 seek to preserve the conservation area. The proposal would not create a negative impact on the conservation area nor would the proposal alter the external appearance of the property. It is therefore considered the proposal would be in line with NPF4 Policy 7 and Policies 14 and NHE6 of SLLDP2. 10.11. The proposed residential flat would utilise an existing upper-storey commercial unit without altering the external elements or extending beyond the existing building. While the nature of the site does not allow for the provision of amenity space or off-street parking, its location within a strategic town centre makes the reuse of existing buildings acceptable, particularly given the close proximity to train and bus stations and the wide range of facilities available in Lanark. 10.12. Residential accommodation is not out of place in the surrounding area, and the proposal would not result in any loss of amenity, nor would it cause unacceptable overlooking or privacy issues in relation to nearby properties or the surrounding conservation area. Overall, the proposal is considered appropriate for its setting and is consistent with the requirements of Policies 7, 14, and 16 of NPF4, as well as Policies 5, 14, DM1, and NHE6 of the SLLDP2. 10.13. Travel and Transport Policy 15 of NPF4 - seeks to create connected and compact neighbourhoods where people can meet the majority of their needs within a reasonable distance from their home. The proposed development would be located within the existing settlement boundary as designated in the SLLDP2 and it would be within close proximity to a number of nearby services, therefore, the proposal is not considered contrary to the aims of Policy 15 of NPF4. 10.14. Other Matters Raised Concerns were raised through representations regarding parking, drainage, local infrastructure, and utilities. No significant issues were identified in relation to these matters. Given the property’s location, its accessibility to rail and bus services, and the availability of public parking nearby, the development is considered capable of operating without dedicated parking provision. 10.15. The proposal is consistent with policies in SLLDP2 and NPF4, which aim to reduce reliance on private car travel and encourage the use of public transport. Concerns were also expressed about the potential future use of the property as a House in Multiple Occupation (HMO), a B&B, or short-term let accommodation, and the associated noise and strain on waste facilities. The Council has confirmed that any such change of use would require a separate planning application. Environmental Health reviewed the application and raised no concerns regarding noise. 10.16. Conclusion The proposal seeks planning permission for the formation of flatted units on the upper floor of a town centre building, previously occupied by a commercial business, with ground-level access and existing retail units below. The application involves only internal alterations to the layout and a change in use, with no modifications to the external appearance or finishes of the building, which is considered appropriate within the conservation area. Given its town centre location and the small-scale nature of the development, the proposal is deemed acceptable. Overall, it is considered to comply with the relevant policies of National Planning Framework 4 and the South 67
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Lanarkshire Local Development Plan 2, with no material considerations identified that would justify refusal of the application. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendations:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any such order revoking or re- enacting that order), the use of the property hereby approved shall be restricted to use as Flatted Accommodation and for no other purpose within Class 9 as defined in the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997, without the prior written consent of the Council as Planning Authority. Reason: To ensure that the Council retains control over future developments on the site. 12. Reason for Decision 12.1. The site is in a town centre, is suitable for residential use, and the design is suitable for the surrounding area. There is no significant adverse impact on amenity, public safety or the local environment. The proposal complies with Policies 1, 2, 3, 7, 9, 13, 14, 15, 16 and 27 of National Planning Framework 4 (adopted 2023) and Policies 1, 2, 5, 14, DM1 and NHE6 of South Lanarkshire Local Development Plan 2 (adopted 2021). There are no material considerations that would justify refusal of the application. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online:- P/25/1047 | Change of use from class 2 offices to a six bedroom residential flat | First Floor Front 22 Bannatyne Street Lanark ML11 7JR 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 68
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/1058 Proposal: Use of flatted dwelling as short-term let (sui generis) Site Address: 161 Castlemilk Road Rutherglen G44 4NA Applicant: Mrs Shameem Akhtar Agent: Scott Kennedy Ward: 12 Rutherglen Central and North Application Type: Full Planning Permission Advert Date: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 9 71
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Section 4B(17)(b) of the adopted Scheme of Delegation 2024: as it is being recommended for approval and is subject of more than 5 valid letters of representation (following notification) that express objection about the proposal. 2. Site Description 2.1. The application site relates to an upper-floor ‘cottage flat’ at 161 Castlemilk Road, Rutherglen within a ‘four-in-a-block’ building. The property is accessed by a pathway, bounded by hedging delineating the front of the site from the streetscape. 2.2. The site is shared with the adjacent flatted dwelling at 163 Castlemilk Road; though both have their own private entrance doors, sited respectively on the principal and side elevations. 3. Description of Proposed Development 3.1. The proposal relates to the change of use of a flatted dwelling to a short-term let. No external changes or other development is proposed. The applicant has provided a supporting statement in relation to the proposed short-term accommodation use. 4. Relevant Planning History 4.1. None. 5. Supporting Information 5.1. The following information was submitted by the agent in support of the application:- Supporting statement 6. Consultations 6.1. Environmental Services: No objections to the proposal Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 7 representations have been received (7 objections) as defined in the scheme of delegation:- Amenity impacts (noise and disruption) Increased footfall and visitors Loss of privacy Loss of residential housing Impacts upon parking provision The above issues will be considered in the assessment below and full copies are available on the planning portal. 7.2. Other non-material planning comments were included in representations. These points relate to:- Loss in value of house or property as a result of the proposed use Health issues The identity of the applicant or potential occupants of the short-term occupation Where the development has commenced or been completed (in advance of the application for planning permission) 72
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8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1: Tackling the climate and nature crises Policy 2: Climate mitigation and adaptation Policy 13: Sustainable transport Policy 23: Health and safety Policy 30: Tourism 8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) For the purposes of determining planning applications, the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 3: General Urban Areas and Settlements Policy 5: Development Management and Placemaking Policy 6: Visitor Economy and Tourism SLLDP2 Volume 2 Policies Policy VET2: Visitor Accommodation South Lanarkshire Council (SLC) Supporting Planning Guidance Development at a Dwellinghouse 2022 9. Guidance 9.1. None relevant. 10. Assessment and Discussion 10.1. Introduction The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The policies contained within National Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2 (SLLDP2) are the main considerations in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development Policy 23 of NPF4 states that development proposals that are likely to raise unacceptable noise issues will not be supported. Policy 30 of NPF4 makes specific reference to the reuse of existing buildings for short-term letting and states that such proposals should not be supported when there is an unacceptable impact on local amenity or the character of an area, or where the loss of residential accommodation is not outweighed by demonstratable local economic benefits. 73
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10.3. However, South Lanarkshire Council does not yet consider that the use of residential properties for short-term lets is at a level to cause concern for the impact on mainstream housing stock. 10.4. Amenity Impacts Policies 3 and 5 of the SLLDP2 identify that: within urban areas and settlements, proposals may be considered acceptable provided that they do not have a significant adverse impact on the amenity and character of the area; all developments should take account of, and be integrated with, the local context and built form; and visitor accommodation will be supported where it contributes to the visitor economy and there is suitable access arrangements. 10.5. Policy 6 of SLLDP2 identifies that visitor accommodation will be supported where it contributes to the visitor economy and if there are suitable access arrangements. 10.6. Nonetheless it states that development proposals must also accord with other relevant policies in the development plans. It is further supplemented by Policy VET2 which details criteria including financial viability and good visual integration with the surrounding area. 10.7. While no business plan has been requested in this instance, as there is a low risk of dereliction; if the short-term letting becomes unviable, the property could seek to be reverted to its original long-term residential use. In any case, the Council’s supporting planning guidance on making changes to a dwellinghouse advises in Section 6.11 that where planning permission is approved, a temporary consent for 10 years will be given. After this date, and without a renewal of the consent in place, the property will revert to residential use. 10.8. The proposal would make use of a flatted dwelling within a ‘four-in-a-block’ building as short-term accommodation, which features a shared footpath leading to separate entrance doorways. While it is noted that the usage of flatted dwellings for such uses introduces transient accommodation and temporary visitors within buildings that are largely consisting of permanent residents; in this instance, the respective property has its own entrance doorway, which would minimise the possibility of such impacts. 10.9. Importantly, the property has its own entrance door, helping to reduce, in part, the likelihood of any negative effects on the amenity of neighbouring properties. Overall, the proposed change of use, compared to standard occupancy, is not expected to result in any significant negative impacts. 10.10. The submitted plans identify communal areas within the curtilage including bin stores; to safeguard the amenity and preserve the privacy of ground-floor residents, a condition will be imposed upon the consent requiring further details to be submitted in relation to landscaping arrangements, as well as further information about the storage and collection of waste. 10.11. Transport and Accessibility Policy 13 of NPF4 promotes sustainable modes of transport and intends to reduce car dominance by minimising space dedicated to car parking and consequently gives support to low/no car developments, particularly in urban locations that are well-served by sustainable transport modes. Policy 5 of SLLDP2 refers to the provision of suitable access and parking. 74
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10.12. The property has no off-street parking, and the streetscape predominantly includes unallocated on-street parking provision. The level of parking required for the existing residential house and the proposed short-term let would appear to be similar; and not introduce any further requirements. Therefore, it is considered that the property has a suitable parking provision and a sustainable level of access. 10.13. Conclusion It is therefore considered that the proposal would not result in a significant adverse impact on either visual or residential amenity. The proposal accords with the provisions of Policies 1, 2, 23 and 30 of the adopted National Planning Framework 4 and Policies 3, 5, 6 and VET2 of the adopted Local Development Plan 2. The application is recommended for approval, and there are no other material considerations which would justify the refusal of planning permission. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The use to which this permission relates shall be implemented 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 the permission hereby granted is for a temporary period only and shall expire on 26 January 2036. For the avoidance of doubt, at the expiry of this permission the property will revert to sui generis use as a flatted dwelling, unless an application is submitted to and approved by the Council as Planning Authority. Reason: To safeguard the amenity of the area. 03. Details of landscaping arrangements to preserve the privacy of adjacent residents should be submitted and approved in writing prior to the commencement of use. Reason: To safeguard the amenity of the area and minimise loss of privacy to nearby occupants. 04. That before the development hereby approved is brought into use, details of the storage and collection of waste arising from the development shall be submitted to and approved by the Council as Planning Authority. The storage and waste collection scheme shall be implemented before the development is brought into use and shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason: To minimise nuisance, littering and pest problems to nearby occupants. 12. Reason for Decision 12.1 The proposal complies with Policies 1, 2, 13, 23, and 30 of National Planning Framework 4 and Policies 2, 3, 5, 6 and VET2 of the South Lanarkshire Local Development Plan 2. The proposal will not have an unacceptable impact on residential amenity or the character of the area. There are no other material considerations which would justify the refusal of planning permission. 75
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David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online: P/25/1058 - Use of Flatted Dwelling as Short-term Let (sui generis) at 161 Castlemilk Road, Rutherglen 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 76
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Report Agenda Item Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/1059 Proposal: Use of flatted dwelling as short-term let (sui generis) Site Address: 234 Kingsbridge Drive Rutherglen G73 2BL Applicant: Mrs Shameem Akhtar Agent: Scott Kennedy Ward: 12: Rutherglen Central and North Application Type: Full Planning Permission Advert Date: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 10 79
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Section 4B(17)(b) of the adopted Scheme of Delegation 2024: as it is being recommended for approval and is subject of more than 5 valid letters of representation (following notification) that express objection about the proposal. 2. Site Description 2.1. The application site relates to a ground-floor ‘cottage flat’ at 234 Kingsbridge Drive, Rutherglen within a ‘four-in-a-block’ building. The property is accessed by a pathway, accessed by low-level gates delineating the site from the streetscape, shared with the adjacent flatted dwelling at 232 Kingsbridge Drive; though both have their own private entrance doors, sited respectively upon the principal and side elevations. The entrance door for no. 234 is sited upon the side elevation. 3. Description of Proposed Development 3.1. The proposal relates to the change of use of a flatted dwelling to a short-term let. No external changes or other development is proposed. The applicant has provided a supporting statement in relation to the proposed short-term accommodation use. 4. Relevant Planning History 4.1. P/25/0718 - Use of flatted dwelling as short-term accommodation (sui generis) – returned application pre-validation. 5. Supporting Information 5.1. The following information was submitted by the agent in support of the application:- Supporting statement 6. Consultations 6.1. Environmental Services: No objections to the proposal; though they request that if the application is approved, then an advisory notice is attached to the decision notice for the applicant’s information clarifying that formal action may be taken if nuisance occurs. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 5 representations have been received (5 objections) as defined in the scheme of delegation:- Amenity impacts (noise and disruption) Increased footfall and visitors Loss of privacy Loss of residential housing Impacts upon parking provision Provision of waste bins The above issues will be considered in the assessment below and full copies are available on the planning portal. 7.2. Other non-material planning comments were included in representations. These points relate to:- Loss in value of house or property as a result of the proposed use Health issues 80
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The identity of the applicant or potential occupants of the short-term let Where the development has commenced or been completed (in advance of the application for planning permission) Concerns towards impacts upon safety and neighbour disputes The above issues will be considered in the assessment below and full copies are available on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1: Tackling the climate and nature crises Policy 2: Climate mitigation and adaptation Policy 13: Sustainable transport Policy 23: Health and safety Policy 30: Tourism 8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) For the purposes of determining planning applications, the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 3: General Urban Areas and Settlements Policy 5: Development Management and Placemaking Policy 6: Visitor Economy and Tourism SLLDP2 Volume 2 Policies Policy VET2: Visitor Accommodation 8.4. South Lanarkshire Council (SLC) Supporting Planning Guidance Development at a Dwellinghouse 2022 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. 81
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10.2. Principle of Development Policy 23 of NPF4 states that development proposals that are likely to raise unacceptable noise issues will not be supported. Policy 30 of NPF4 makes specific reference to the reuse of existing buildings for short-term letting and states that such proposals should not be supported when there is an unacceptable impact on local amenity or the character of an area, or where the loss of residential accommodation is not outweighed by demonstratable local economic benefits. 10.3. However, South Lanarkshire Council does not yet consider that the use of residential properties for short-term lets is at a level to cause concern for the impact on mainstream housing stock. 10.4. Amenity Impacts Policies 3 and 5 of the SLLDP2 identify that: within urban areas and settlements, proposals may be considered acceptable provided that they do not have a significant adverse impact on the amenity and character of the area; all developments should take account of, and be integrated with, the local context and built form; and visitor accommodation will be supported where it contributes to the visitor economy and there is suitable access arrangements. 10.5. Policy 6 of SLLDP2 identifies that visitor accommodation will be supported where it contributes to the visitor economy and if there are suitable access arrangements. Nonetheless it states that development proposals must also accord with other relevant policies in the development plans. It is further supplemented by Policy VET2 which details further criteria including financial viability and good visual integration with the surrounding area. 10.6. The Council’s supporting planning guidance on making changes to a dwellinghouse advises in section 6.11 that where planning permission is approved, a temporary consent for 10 years will be given. After this date, and without a renewal of the consent in place, the property will revert to residential use. 10.7. The proposal would make use of a flatted dwelling within a ‘four-in-a-block’ building as short-term accommodation, which features a shared footpath leading to separate entrance doorways. While it is noted that the usage of flatted dwellings for such uses introduces transient accommodation and temporary visitors within buildings that are largely consisting of permanent residents; in this instance, the respective property has its own entrance doorway, which would minimise the possibility of such impacts. 10.8. Overall, the proposed change of use, compared to standard occupancy, is not expected to result in any significant negative impacts. 10.9. The submitted plans identify communal areas within the curtilage including bin stores; to safeguard the amenity and preserve the privacy of ground-floor residents, a condition will be imposed upon the consent requiring further details to be submitted in relation to landscaping arrangements, as well as further information about the storage and collection of waste. 10.10. Transport and Accessibility Policy 13 of NPF4 promotes sustainable modes of transport and intends to reduce car dominance by minimising space dedicated to car parking and consequently gives support to low/no car developments, particularly in urban locations that are well-served by sustainable transport modes. Policy 5 of SLLDP2 refers to the provision of suitable access and parking. 82
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10.11. The property provides space for two vehicles at the front of the curtilage; though it is presumed that these are shared between the upper and ground-floor occupants of the cottage flats. The level of parking required for the existing residential house and the proposed short-term let would appear to be similar; and not introduce any further requirements. Therefore, it is considered that the property has a suitable parking provision and a sustainable level of access. 10.12. Conclusion It is therefore considered that the proposal would not result in a significant adverse impact on either visual or residential amenity. The proposal accords with the provisions of Policies 1, 2, 23 and 30 of the adopted National Planning Framework 4 and Policies 3, 5, 6 and VET2 of the adopted Local Development Plan 2. The application is recommended for approval, and there are no other material considerations which would justify the refusal of planning permission. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to conditions:- 01. The use to which this permission relates shall be implemented 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 the permission hereby granted is for a temporary period only and shall expire on 26 January 2036. For the avoidance of doubt, at the expiry of this permission the property will revert to sui generis use as a flatted dwelling, unless an application is submitted to and approved by the Council as Planning Authority. Reason: To safeguard the amenity of the area. 03. Details of landscaping arrangements to preserve the privacy of adjacent residents should be submitted and approved in writing prior to the commencement of use. Reason: To safeguard the amenity of the area and minimise loss of privacy to nearby occupants. 04. That before the development hereby approved is brought into use, details of the storage and collection of waste arising from the development shall be submitted to and approved by the Council as Planning Authority. The storage and waste collection scheme shall be implemented before the development is brought into use and shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason: To minimise nuisance, littering and pest problems to nearby occupants. 83
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12. Reason for Decision 12.1. The proposal complies with Policies 1, 2, 13, 23, and 30 of National Planning Framework 4 and Policies 2, 3, 5, 6 and VET2 of the South Lanarkshire Local Development Plan 2. The proposal will not have an unacceptable impact on residential amenity or the character of the area. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online:- P/25/1059 | Use of flatted dwelling as short-term let (sui generis) | 234 Kingsbridge Drive Rutherglen G73 2BL 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 CHECKED Report to: Planning Committee Date of Meeting: 27 January 2026 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/25/1095 Proposal: Erection of 2 dwellings and associated works Site Address: Hawks Close C37 From Harelaw Roundabout A706 to A70 at Tarbrax Cleghorn Lanark ML11 8NX Applicant: Mr W Cruickshank Jnr Agent: Neville Design Ltd Ward: 02 – Clydesdale North Application Type: Full Planning Permission Advert : Carluke Gazette 17 December 2025 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 11 87
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under the South Lanarkshire Council Scheme of Delegation (2024) as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined that it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The site relates to land at Hawks Close, a new address at Upper Muirhouse Farm, which is located between the Harelaw Roundabout and Braehead. The site is outwith any designation defined in the South Lanarkshire Local Development Plan 2 and is therefore considered to be in the rural area. 2.2. Excluding the access area, the rectangular site for the house plots extends to approximately 0.13 hectares and lies between the recently constructed dwellings at Falconers Lane and Hawks Close, and the existing property at Mid Muirhouse Farm. 2.3. It is set back from the public road and, aside from the immediate cluster of new houses, the wider surroundings consist of woodland and agricultural fields. Although adjacent land has been subject to development in recent years, the application site itself has not previously been developed and remains an undeveloped area. 3. Description of Proposed Development 3.1. The development comprises the erection of two single-storey dwellinghouses together with associated works. These works include the formation of a private access taken from Hawks Close, boundary enclosures, and connection to the existing private surface water and foul drainage system which serves the neighbouring dwellings. 3.2. The proposed houses would be identical but handed and have a 160m2 rectangular footprint including integral garage, a gable roof finished in concrete tile with a ridge height of 7.7m; external walls finished in white wet dash render and reconstituted stone, with a height to the eaves of 2.6m; and modern fenestration including front and rear French doors. 4. Relevant Planning History 4.1. Seven houses were built at Upper Muirhouse Farm over the footprint of three agricultural sheds. Five have been given the address Falconers Lane (P/20/1666) and two as Hawks Close (P/24/1079). The site of this application lies between these houses and Mid Muirhouse Farm, a recent dwelling (CL/07/0730) which was developed by the applicant to support a deer enterprise. 4.2. The planning obligation was subsequently removed (CL/12/0036 and CL/12/0226) and the dwelling now exists independently. 5. Supporting Information 5.1. A supporting statement has been submitted which contends that the site should be regarded as previously developed land and therefore suitable for residential development. It also asserts that the proposal would complete a gap between existing dwellings. 6. Consultations 6.1. Roads Development Management – no objection to the proposed development. Response: Noted. 88
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 4 representations have been received (1 objection, 3 support). The issues raised are summarised as follows:- Principle of Development Whether the proposal represents overdevelopment Whether the development would round off the existing housing cluster Amenity Noise Privacy Loss of open space Short-term disruption during construction Concern that the land may remain unmaintained if not developed Access Increase in traffic volume Layout, Siting and Design Positive design comments 7.2. The above matters are considered in the assessment below and a full copy of the representations are available to view on the planning portal. 7.3. Non-planning matters raised included private agreements between buyers and developers, and methods of construction. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 3 Biodiversity Policy 13 Sustainable transport Policy 14 Design, quality and place Policy 15 Local living and 20 minute neighbourhoods Policy 17 Rural homes Policy 22 Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2. 89
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SLLDP2 Volume 1 Policies Policy 2 Climate Change Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking SLLDP2 Volume 2 Policies Policy SDCC3 Sustainable Drainage Systems Policy SDCC7 Low Carbon Emissions from New Buildings Policy GBRA1 Rural Design and Development Policy GBRA8 Development of Gap Sites Policy DM15 Water Supply Policy DM16 Foul Drainage/Sewerage Provision 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development Policy 17 of NPF4 and Policy 4 of the South Lanarkshire Local Development Plan 2 direct new housing to settlements unless specific rural exceptions apply. For new homes in the rural area without a demonstrated locational need, it must be shown that the proposal involves the reuse of brownfield land where a return to a natural state has not occurred and would not occur without intervention. 10.2. The supporting statement suggests that the application site is brownfield land associated with former steading buildings. However, there is no evidence that the site has ever been occupied by buildings or other structures, and its past use as an area traversed for agricultural purposes or during construction does not constitute development for the purposes of defining brownfield land. The footprints of the former sheds at Upper Muirhouse Farm have already been redeveloped to form seven new dwellings, and the current application site lies outwith those established footprints. 10.3. Concerns have been raised regarding the appearance of the site. While the current untidy condition has arisen from surrounding construction activity, the deposited materials can be removed without significant intervention and the land is capable of natural regeneration. The applicant has also referred to the site as a gap site; however, Policy GBRA8 of SLLDP2 can only be applied once the principle of residential development in the rural area is established, which is not the case here. 10.4. For these reasons, the proposal fails to meet the requirements for rural housing and is contrary to Policy 4 of SLLDP2 and Policy 17 of NPF4. 10.5. Sustainability Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 require development to minimise climate impacts. The proposed dwellings include solar panels and air source heat pumps, and low-emission building standards would be addressed through the Building Standards Service. 10.6. Policy 3 of NPF4 requires development proposals to enhance the biodiversity value of the site and proposals have been made in this regard. 10.7. Policies 13 and 15 of NPF4 promote sustainable travel and access to daily services through active travel networks and public transport. The supporting statement indicates that Forth can be reached by an eighteen-minute cycle and that bus stops are present at Harelaw roundabout. 90
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10.8. However, the site is remote from services, lacks safe and direct active travel routes, and is not realistically accessible by walking or cycling as part of daily life. As a result, the development would be heavily car-dependent in a location where there is no locational need for residential use. The proposal is therefore contrary to Policies 13 and 15 of NPF4. 10.9. Layout, Siting and Design Policy 14 of NPF4 and Policies 5 and GBRA1 of SLLDP2 seek high-quality design that responds to local character and avoids suburban forms of development in the rural area. The proposed dwellings replicate the house type, form, and materials used in the seven recently constructed properties at Falconers Lane and Hawks Close. Within this specific cluster, that approach results in a consistent appearance and an acceptable relationship with the existing built context. However, the design is not characteristic of the wider rural area and would not necessarily be appropriate on a standalone site. Its acceptability in this instance arises only from the presence of the established group. 10.10. The proposed layout and siting would not result in unacceptable levels of overshadowing or overlooking. The rear elevations are at least 7.2 metres from the front garden of 2 Hawks Close and, given the single-storey design and proposed boundary fencing, intervisibility would be limited. The proposed use is compatible with surrounding residential properties and noise is not expected to be significant. Construction impacts would be temporary and are not grounds for refusal. 10.11. Technical Matters Policy 22 of NPF4 and Policies DM15, DM16 and SDCC3 of SLLDP2 relate to water management and drainage. The site is not identified as being at flood risk, and private foul and surface water drainage would be via the existing system serving Falconers Lane and Hawks Close. Permeable surfacing could be secured to limit run-off. 10.12. Policy 5 of SLLDP2 requires development to provide suitable access and parking. The existing private access could serve five dwellings, which is below the requirement for adoption. Each plot provides adequate parking and turning space. 10.13. Conclusion In summary, the site does not constitute previously developed land and no locational need for new housing in the rural area has been demonstrated as required by Policy 17 of NPF4. The site also lacks sustainable access to services and facilities, resulting in reliance on private vehicles. The proposal is therefore contrary to Policy 4 of the South Lanarkshire Local Development Plan 2 and Policies 13, 15 and 17 of National Planning Framework 4. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse Planning Permission for the following reasons:- 01. The proposal would be contrary to Policy 4 – Green Belts and Rural Areas of the South Lanarkshire Local Development Plan 2 as it is not supported by the Development Plan in land use terms. 02. The proposal would be contrary to Policy 17 – Rural homes of National Planning Framework 4 as it does not meet any of the criteria allowing for housing in the rural area. 91
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03. The proposal would be contrary to Policy 13 – Sustainable transport of National Planning Framework 4 as it would be dependent on unsustainable means of transport. 04. The proposal would be contrary to Policy 15 – Local living and 20 minute neighbourhoods as there is poor connectivity to daily needs by sustainable means. David Booth Executive Director (Community and Enterprise Resources) Date: 14 January 2026 Background Papers Further information relating to the application can be found online: P/25/1095 | Erection of 2 dwellings and associated works | Hawks Close C37 From Harelaw Roundabout A706 To A70 At Tarbrax Cleghorn Lanark ML11 8NX Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 92
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