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Agenda Document Pack - Planning Committee - 24/02/2026

South Lanarkshire Council · 24 February 2026
Back to Planning Committee — 24 February 2026 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Monday, 16 February 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, 24 February 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
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of meeting of the Planning Committee held on 27 January 2026
submitted for approval as a correct record.  (Copy attached) 
5 - 10 
Item(s) for Decision 
3 Electricity Infrastructure Consents
Report dated 13 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
11 - 16 
4 P/24/1507 for Erection and Operation of Wind Farm Consisting of 4
Turbines with a Maximum Height to Blade Tip of 200 Metres, with
Associated Infrastructure and Access at Mossmulloch Wind Farm, C138
Hairshaw Highway, Strathaven
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
17 - 42 
5 P/25/0758 for Installation of 40MW Battery Energy Storage System (BESS)
Facility with Associated Infrastructure at Land 310 Metres Northeast of
Newhouse Farm, Westburn Road, Cambuslang
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
43 - 54 
6 P/25/0799 for Construction of Battery Energy Storage System (BESS) with
Generating Capacity of up to 500MW and Associated Infrastructure
(Consultation from Scottish Ministers Under Section 36 of the Electricity
Act 1989) at Land Lying to the North of Muttonhole Road, Hamilton
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
55 - 70 
7 P/25/0918 for Change of Use of the Rear Yard to Create an Outdoor Seating
Area, Including the Siting of a Mobile Snack Van for a Temporary Period of
5 Years (Retrospective) at 136 Union Street, Larkhall
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
71 - 78 
8 P/25/1228 for Re-profiling of Slope and Construction of Hardstanding on
Land Adjacent to Highway to Enable Delivery of Wind Turbines to Mill Rig
Wind Farm at Land Opposite 54 and 56 Stonehouse Road (A71),
Strathaven
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
79 - 86 
9 P/25/1450 for Erection of House, Stable Block and Associated Works at
Caravan Storage Yard, Whiteshawgate Highway, Strathaven
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
87 - 94
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10  P/25/1455 for Erection of Battery Energy Storage System (Application
Under Section 42 of the Act to Vary Condition 6 of Planning Consent
P/23/1116) at Land at Carlisle Road (B7078), Lesmahagow
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
95 - 112 
11  P/25/1545 for Use of House as Dental Practice (Class 1A) and Associated
External Alterations at 13 Whitemoss Road, East Kilbride
Report dated 16 February 2026 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
113 - 120 
Urgent Business 
12  Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING COMMITTEE 
Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street,
Hamilton on 27 January 2026 
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
Alistair Fulton, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Cal Johnston-
Dempsey, Councillor Ross Lambie, Councillor Davie McLachlan, Councillor Norman Rae, Councillor
John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner 
Councillors' Apologies:
Councillor Archie Buchanan, Councillor Mary Donnelly, Councillor Joe Fagan (ex officio), Councillor
Martin Lennon, Councillor Lesley McDonald, Councillor David Watson 
Attending:
Community and Enterprise Resources
F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East
Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet
Services; D Russell, Planning Area Manager (West Team)
Finance and Corporate Resources
S Jessup, Administration Assistant; S McLeod, Administration Officer 
1 Declaration of Interests 
No interests were declared. 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Planning Committee held on 25 November 2025 were
submitted for approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
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 
A report dated 14 January 2026 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 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. 
At its meeting on 25 November 2025, the Committee continued the consideration of the
application to a future meeting 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.
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There followed a discussion on the application. 
The Committee decided: that planning application P/25/0479 by Windtranz Limited
for the erection of a 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 be granted subject to the conditions
specified in the Executive Director’s report. 
[Reference:  Minutes of 25 November 2025 (Paragraph 4)] 
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 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0584 by L Simpson and I Clelland for
the erection of a 1½ storey house with associated works at land 50 metres east of Gainerhill
Lodge, Muirkirk Road, Strathaven. 
The Head of Planning and Regulatory Services advised that further supporting information had
been submitted late by the applicant, however, there had been insufficient time to scrutinise its
content and, therefore, the recommendation contained in the report remained appropriate. 
Following discussion, during which an officer responded to points raised and a member’s
question relating to various aspects of the report, Councillor Nelson, seconded by Councillor
Convery, moved that the application be refused for the reasons detailed in the Executive
Director’s report.  Councillor Scott, seconded by Councillor Clark, moved that the application be
deferred to allow time for additional supporting information, submitted by the applicant, to be
scrutinised by Planning and Regulatory Services.  On a vote being taken using the electronic
voting system, 8 members voted for the motion and 10 for the amendment which was declared
carried. 
The Committee decided: that planning application P/25/0584 by L Simpson and I
Clelland for the erection of a 1½ storey house with
associated works at land 50 metres east of Gainerhill
Lodge, Muirkirk Road, Strathaven be deferred to a future
meeting of the Planning Committee to allow time for
additional supporting information to be scrutinised by
Planning and Regulatory Services. 
5 Application P/25/0685 for Construction of Battery Energy Storage System with
Capacity of 42MW and Associated Supporting Infrastructure at Land at Mid Rig,
Glentaggart 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0685 by Brockwell Energy Limited for
the construction of a battery energy storage system with capacity of 42MW and associated
supporting infrastructure at land at Mid Rig, Glentaggart. 
There followed a discussion on the application during which an officer responded to a member’s
question on an aspect of the report.
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The Committee decided: that planning application P/25/0685 by Brockwell Energy
Limited for the construction of a battery energy storage
system with capacity of 42MW and associated supporting
infrastructure at land at Mid Rig, Glentaggart be granted
subject to the conditions specified in the Executive
Director’s report. 
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 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0890 by A McAulay for the increase in
height of an existing timber fence (ranging from 2.3 to 2.9 metres) along the rear and side
boundaries (retrospective) at 3 Castlehill Green, East Kilbride. 
The Committee decided: that planning application P/25/0890 by A McAulay for the
increase in height of an existing timber fence (ranging from
2.3 to 2.9 metres) along the rear and side boundaries
(retrospective) at 3 Castlehill Green, East Kilbride be
granted. 
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 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/0998 by Keepmoat Homes and the
University of the West of Scotland for the erection of a residential development comprising 122
houses and 20 flats, formation of accesses, internal road network, parking, drainage,
landscaping and associated works at the former site of the University of the West of Scotland,
Almada Street, Hamilton. 
At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning
applications which required completion of a Legal Agreement.  If approved, the application
would be subject to a Legal Agreement and/or other appropriate mechanism and the approved
procedure would apply. 
There followed a discussion on the application during which an officer responded to a member’s
question on an aspect of the report. 
Members of the Committee welcomed the application and the inclusion of units for social rent
and commended the applicant for responding to the advice of Planning and Regulatory Services
in terms of addressing housing need. 
The Committee decided: that planning application P/25/0998 by Keepmoat Homes
and the University of the West of Scotland for the erection
of a residential development comprising 122 houses and
20 flats, formation of accesses, internal road network,
parking, drainage, landscaping and associated works at the
former site of the University of the West of Scotland,
Almada Street, Hamilton be granted subject to:-
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 the conditions specified in the Executive Director’s
report
 the conclusion of a Section 75 Agreement and/or
other appropriate agreement between the Council,
site owner(s) and the applicant 
[Reference:  Minutes of 7 July 2015 (Paragraph 15) and 13 September 2022 (Paragraph 6)] 
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 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/1047 by Foyle Property Management
for the change of use from Class 2 offices to a 6-bedroom residential flat at first floor front, 22
Bannatyne Street, Lanark. 
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/25/1047 by Foyle Property
Management for the change of use from Class 2 offices to
a 6-bedroom residential flat at first floor front, 22
Bannatyne Street, Lanark be granted subject to the
conditions specified in the Executive Director’s report. 
9 Application P/25/1058 for Use of Flatted Dwelling as Short-Term Let (Sui Generis)
at 161 Castlemilk Road, Rutherglen 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/1058 by S Akhtar for the use of a flatted
dwelling as a short-term let (sui generis) at 161 Castlemilk Road, Rutherglen. 
The Committee decided: that planning application P/25/1058 by S Akhtar for the use
of a flatted dwelling as a short-term let (sui generis) at 161
Castlemilk Road, Rutherglen be granted subject to the
conditions specified in the Executive Director’s report. 
10 Application P/25/1059 for Use of Flatted Dwelling as Short-Term Let (Sui Generis)
at 234 Kingsbridge Drive, Rutherglen 
A report dated 14 January 2026 by the Executive Director (Community and Enterprise
Resources) was submitted on planning application P/25/1059 by S Akhtar for the use of a flatted
dwelling as a short-term let (sui generis) at 234 Kingsbridge Drive, Rutherglen. 
The Committee decided: that planning application P/25/1059 by S Akhtar for the use
of a flatted dwelling as a short-term let (sui generis) at 234
Kingsbridge Drive, Rutherglen be granted subject to the
conditions specified in the Executive Director’s report.
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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 
The Chair advised that this application had been withdrawn at the request of the applicant. 
The Committee decided: to note the position. 
12 Urgent Business 
There were no items of urgent business. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Subject: Electricity Infrastructure Consents 
1. Purpose of Report
1.1. The purpose of the report is to:- 
 inform the Planning Committee of recent changes introduced by the UK
Government through the Planning and Infrastructure Act 2025 in relation to the
role of Scottish Planning Authorities as a consultee on applications made under
sections 36 and 37 of the Electricity Act 1989 for large scale renewable energy
projects
 seek approval from members on the response to a consultation by the Scottish
Government on increasing the threshold for making applications under the
Electricity Act 1989 
2. Recommendation(s)
2.1. The Committee is asked to approve the following recommendation(s):- 
(1) that the changes to the consenting regime for large scale renewable energy
projects in Scotland introduced by the Planning and Infrastructure Act 2025 and
the implications for the Council be noted; and 
(2) that the Council’s response to a consultation by the Scottish Government on
proposals to increase the threshold for applications made under the Electricity
Act 1989, as set out in section 6 of the report, be approved. 
3. Current Position
3.1. The Scottish Government has powers to determine applications to develop new, or
replace/extend existing, electricity infrastructure in Scotland involving generating
stations with a capacity of over 50 megawatts (MW) under sections 36 and 37 of the
Electricity Act 1989 and network projects involving the construction or replacement of
overhead lines. 
3.2. Applications made under sections 36 and 37 of the Act are submitted to the Energy
Consents Unit (ECU) who are responsible for the administrative arrangements for the
application including carrying out consultation. 
3.3. The Council is a statutory consultee and has 4 months to respond to a consultation
request to an application although this time frame can be extended through
agreement.  In this respect, while the Planning Authority is not the decision-making
body, it can decide to object to or support applications that have been submitted to the
Energy Consents Unit. 
3
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3.4. The Planning Service carries out internal consultation with, for example, Roads,
Transportation and Fleet Services and Environmental Services with the ECU
consulting agencies such as NatureScot, SEPA and National Air Traffic Control
Service (NATS). 
3.5. Publicity for section 36 and 37 applications is the responsibility of the applicant and
involves placing an advert in the local press.  However, there is no requirement to carry
out neighbour notification as is the case with planning applications.  At present, while
an applicant is encouraged to voluntarily carry out pre-application consultation and
engagement, this is not required by the legislation.  Members of the public and
community bodies are required to submit representations directly to the ECU. 
3.6. The final decision on a section 36 or section 37 application is taken by the ECU on
behalf of Scottish Ministers, taking into account consultation responses and any
representation received.  A consent granted under section 36 or 37 is also the subject
of a deemed planning permission under section 57 of the Planning Act.   
3.7. The Council is responsible for the discharge of conditions attached to the deemed
consent and the monitoring of the development as it is carried out.  The Council also
receives half of the application fee submitted to the ECU. 
4. Planning and Infrastructure Act 2025
4.1. This Act received Royal Assent on 18 December 2025 following approval by the UK
Government.  The vast majority of the Act is focussed on changes to the planning
system and delivering new infrastructure in England and Wales and does not apply to
Scotland. 
4.2. However, sections 19 to 25 of the Act modify the procedure for dealing with
applications made under the Electricity Act 1989.  The key change is the introduction
of a new “Reporter led examination process” in circumstances where a Planning
Authority objects to an application and that objection is not withdrawn or cannot be
resolved by conditions or modifications. 
4.3. These changes come into effect on 18 February 2026 and apply from that date but
may apply differently to current live applications. 
4.4. Firstly, where a Planning Authority objected to an application prior to 18 February
2026, and that objection has been made within the period provided for, a public inquiry
may still be held. 
4.5. In cases where a Planning Authority objected before 18 February 2026 to an
application which remains undetermined by the ECU on that date, but the objection
was not made within the period provided for, a Scottish Government Reporter will be
appointed to examine the application under the new provisions. 
4.6. Finally, where a Planning Authority objects to an application on or after 18 February,
the new process will apply and a Reporter will be appointed to carry out an
Examination unless that objection is withdrawn or cannot be resolved by conditions or
modifications. 
4.7. The Act provides for the appointed Reporter to determine the procedure for the
examination of the case.  In this respect they may decide to rely on written
representation, hold one or more hearing sessions or, as is currently the case, hold a
public inquiry.  At the end of the Examination the Reporter is to submit a report to
Scottish Ministers setting out their recommendations.  
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4.8. The Act also introduces several other changes that will be enacted through the
publication of regulations by the Scottish Government. 
4.9. A letter dated 30 January 2026 from the Minister for Public Finance states that
consultation will be carried out later this year on the additional measures.  They
include:- 
 Mandatory pre-application requirements to ensure that there is meaningful
engagement with communities and statutory consultees early in the process. 
This may include the power to charge fees for this service.
 Specific application requirements to be set out to help developers to submit
applications with all the relevant information with time periods to be set for key
stages of the application process. 
 The ability to allow variations to existing consents to address changes in
circumstances relating to the environment or technological changes, or to correct
an error in the consent. 
5. Consultation on Increasing the Threshold for Applications Under the Electricity
Act
5.1. As noted above, proposals for electricity generating stations with a generating capacity
of over 50MW are subject to the provisions of the Electricity Act.  The Scottish
Government published a consultation in December 2025 seeking views on whether to
increase the 50MW threshold and, if so, if the new threshold should be increased to
100MW or 150MW.  A supplementary question relates to whether there should be a
single threshold that applies to types of renewable energy technologies or if different
figures should apply.  The consultation closes on 27 March 2026. 
5.2. The volume of applications made to Scottish Ministers has increased significantly in
recent years.  This is largely as a result of technological advances with more recent
wind farm proposals involving turbines of a greater height and output than earlier.  This
means a wind farm proposal comprising approximately 8 or 9 turbines is now likely to
meet the 50MW threshold whereas an application for a wind farm submitted in 2004
comprising 22 turbines would have had generation capacity of less than 50MW. 
5.3. This has resulted in fewer decisions being made by the Planning Authority on
significant infrastructure proposals that can impact on local communities.  Increasing
the threshold would therefore lead to greater local autonomy and community
involvement in decision making.  At present the views of local communities can only
be taken into account by the Energy Consents Unit and not the Council as Planning
Authority. 
5.4. South Lanarkshire Council’s Planning Service already deals with a range of large scale
development proposals and have the skills and experience to effectively project
manage an application of this scale and complexity. 
5.5. Some additional consultation with key agencies and other external organisations
would be required and the Council would be responsible for procedural matters such
as neighbour notification and publicity, however, these tasks would not create an
unreasonable burden for the Planning Service. 
5.6. It is therefore recommended that the Council’s response to the consultation should be
to support the increase of the threshold to 150MW as this will allow the Planning
Authority to become the decision maker on a greater range of proposals that impact
on local communities and the wider environment of South Lanarkshire.  
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6. Next Steps
6.1. If members agree with the recommendation to increase the threshold for section 36
applications to 150MW this will form the response by the Head of Planning and
Regulatory Services to the Scottish Government. 
6.2. Any changes to the consenting regime will be the subject of an Order laid before the
Scottish Parliament.  A further report will be presented to the Planning Committee once
the outcome of this consultation exercise is known. 
7. Employee Implications
7.1. Any changes to the consenting regime under the Electricity Act will be carried out using
existing staff resources within Planning and Regulatory Services. 
8. Financial Implications
8.1. At the present time the Council receives 50% of the fee submitted to the Scottish
Government for the processing of applications under the Electricity Act.  In addition,
planning applications for renewable energy infrastructure projects below 50MW are
subject to the statutory planning application fee. 
8.2. The consultation paper does not identify what the fee arrangements would be for those
proposals that would be the subject of a planning application if the threshold were
increased.  The Council’s response to the consultation paper will make a reference to
the need to ensure the Planning Service is properly resourced to handle any additional
workload.   
9. Climate Change, Sustainability and Environmental Implications
9.1. The planning system will have an increasingly key role in addressing the climate
change agenda.  This includes the processing of applications for new electricity
infrastructure. 
10. Other Implications
10.1. The provisions set out in the Planning and Infrastructure Act 2025 are a statutory
requirement for the Council to take into account in its decision making. 
11. Integrated Impact Assessment and Consultation Requirements 
11.1. This report does not introduce a new policy, function, or strategy, or recommend a
change to an existing policy, function, or strategy.  As such, no impact assessment or
consultation was required. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
13 February 2026 
Link(s) to Council Values/Priorities/Outcomes
 Accountable, effective, efficient and transparent
 Good quality, suitable and sustainable places to live 
Previous References
 None 
List of Background Papers 
 Planning and Infrastructure Act 2025
 Onshore electricity generation - Electricity Act threshold: consultation - gov.scot 
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Contact for Further Information 
If you would like to inspect background papers or want further information, please contact:- 
Tony Finn, Planning and Building Standards Manager, Community and Enterprise Resources
E-mail: tony.finn@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/1507
Proposal:  Erection and operation of wind farm consisting of 4 turbines with a
maximum height to blade tip of 200m, with associated infrastructure
and access 
Site Address:  Mossmulloch Wind Farm, C138 Hairshaw Highway, Strathaven
Applicant:  Wind Power North Three Limited
Agent:  SLR Consulting
Ward:  5 Avondale and Stonehouse
Application Type:  Full Planning Permission
Advert Date:  East Kilbride News, 29/1/2025
Edinburgh Gazette, 28/1/2025 
Development Plan
Compliance:
Yes 
Departures:  N/A
Recommendation:  Grant planning permission subject to conditions and the conclusion of
legal agreements 
Legal Agreement:  The Committee should note that the planning permission, if granted,
should not be issued until such times as the following matters have
been concluded:- 
A Section 75 Agreement to secure:- 
1: Community Contribution Payments
2. Section 96 Agreement 
Direction to
Scottish Ministers 
N/A
4
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee under the
South Lanarkshire Council Scheme of Delegation as it has received more than 5
objections. 
2. Site Description
2.1. The application site is located on the eastern edge of Whitelee Forest, approximately
7km to the southwest of the town of Strathaven.  The site extends to approximately
260ha in area and includes approximately 161.5ha of woodland (160.8ha of
coniferous plantation and 0.7ha native broadleaf woodland) and approximately
98.5ha of open ground/rough grazing land. 
2.2. The surrounding area is characterised by a mix of moorland and livestock grazing. 
Electricity pylons are sited to the west of the site.  The landscape includes several
large wind farms within proximity to the site on the northern side of the A71 including
Calder Water (13 turbines with a height of 147m) and West Brown Castle (12
turbines with a height of 126.5m) 1.5km away to the north and west respectively
while Whitelee windfarm is located 3.2km to the north west.  There are also several
windfarms in the area to the south of the A71. 
2.3. Ground levels generally decrease radially from a high point within the centre of the
site, with elevations ranging from approximately 250m above ordnance datum (AOD)
within the centre of the site to approximately 210m AOD along the eastern boundary,
near the Calder Water and near the proposed point of access off the A71. 
2.4. The site lies within the catchments of the Calder Water and Avon Water, with three
watercourses, the Rotten Burn, Calder Water and Hall Burn, running through the
site.  There are no landscape, ecological or cultural heritage designations within the
boundary of the site. 
3. Description of Proposed Development
3.1. The planning application seeks detailed consent for a wind farm at the site.  The
proposals originally involved the erection of 5 turbines with a tip height of 200m with
each turbine capable of generating up to 7.2MW.  However, one of the turbines has
been deleted from the proposals. 
3.2. The other main elements of the proposed development comprise the following:- 
 Turbine foundations and crane hardstanding’s plus laydown areas
 Up to 4.3km of new access tracks and 1.6km of upgraded access tracks
 Underground cabling along the access tracks
 On-site substation and associated compound area
 Four watercourse crossing points with further upgrading of an existing crossing
 Temporary construction compound
 Woodland clearance (approximately 130ha of coniferous plantation woodland) 
3.3. Access to the site would be from the eastern boundary approximately 60m south of
the Ardochrig junction.  The turbines would be delivered via the M74 and A71. 
3.4. It is estimated the windfarm would take 18 months to construct and would have an
operational lifespan of 30 years when decommissioning would take place. 
4. Relevant Planning History
4.1. The proposed development was the subject of formal pre-application consultation
submitted in May 2024 (Reference P/24/0006/PAN).
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5. Supporting Information 
5.1. The applicants have submitted several supporting documents with the application as
set out below:- 
 Environmental Impact Assessment Report
 Design and Access Statement
 Ecological Desk Top Report
 Planning Statement
 Pre-application Consultation (PAC) Report
 Economic Impact Report 
6. Consultations
6.1. Roads Development Management – no objection subject to conditions in relation to
the submission of a stage 2 Road Safety Audit, sightlines, construction details of the
site access, the submission of an Abnormal Load Route Assessment, a Bridge
Assessment and a Construction Phase Traffic Management Plan and the carrying
out of a road dilapidation survey.  A section 96 agreement will be required to cover
unreasonable damage to the public road. 
Response: Noted.  Appropriately worded conditions can be found in section 11 of
the report.  The need for a section 96 agreement would be addressed in the wider
section 75 legal agreement. 
6.2. NATS – no objection to the proposed development, noting that required mitigation
measures have been agreed with the applicant.
Response: Noted.  A suspensive condition requiring the mitigation to be in place
before the windfarm is operational is included in section 11 of the report. 
6.3. Environmental Services – no objections subject to conditions in relation to noise
and shadow flicker.
Response: Noted.  Appropriately worded conditions can be found in section 11 of
the report. 
6.4. Glasgow Prestwick Airport – no objection.
Response: Noted. 
6.5. MOD – no objection.
Response: Noted. 
6.6. Transport Scotland - no objection subject to conditions.
Response: Noted. 
6.7. Strathaven Airport – objects to the proposed development on the grounds of the
impact on the operation of the airfield. 
Response: Noted.  The applicant has provided a statement in response to the
various points which are set out within the objection.  The views of both parties are
noted and have been taken into consideration in the determination of the application. 
6.8. Arqiva – no objection.
Response: Noted. 
6.9. Edinburgh Airport – no objection.
Response: Noted.
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6.10. Glasgow Airport - no objection.
Response: Noted. 
6.11. Sandford and Upper Avon Community Council – objects to the proposed
development on grounds relating to cumulative impact, landscape impact, noise,
shadow flicker and impact on local road network.
Response: The points raised are assessed within Section 10 of this report. 
6.12. SEPA – submitted a holding objection until further information has been submitted in
respect of the impact on peat and details of the temporary storage of peat.
Response: Noted.  It is considered this matter can be addressed by the suggested
conditions in section 11 of the report. 
6.13. NatureScot – no objection subject to the carrying out of post-construction monitoring
in relation to the collision of bats with the turbines. 
Response: Noted.  This matter is addressed by a condition in section 11 of the
report. 
6.14. Historic Environment Scotland – no objection.
Response: Noted.  
7. Representations
7.1. A total of 64 representations have been submitted in respect of the proposed
development, 62 of which note an objection to the proposed development.  This
includes a petition with 386 signatures. 
7.2. The matters raised within these letters of objection raise the following points:- 
 Adverse cumulative impact
 Shadow flicker
 Adverse impact associated with aviation lighting
 Health and safety concerns
 Noise impact
 Adverse ecological impacts
 Adverse impacts on property values
 Impact on local road network
 Adverse impact upon adjacent consented wind farm development 
7.3. The above issues are considered in the assessment below.  These letters are
available on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places and
productive places.
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National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 4 - Natural places
 Policy 7 - Historic assets and places
 Policy 11 - Energy
 Policy 22 - Flood risk and water management
 Policy 29 - Rural development  
8.3. South Lanarkshire Local Development Plan 2 (2021)
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):-  
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 14 - Natural and Historic Environment
 Policy 15 - Travel and Transport
 Policy 16 - Water Environment and Flooding
 Policy 18 - Renewable Energy 
9. Guidance
9.1. South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy
(January 2021) 
10. Assessment and Discussion
10.1. Principle of development
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
and contribute to Scotland’s climate ambition which will require a rapid
transformation across all sectors of the economy and society.  The Scottish
Government’s Onshore Wind Policy Statement sets a target for installed onshore
wind generation of 20 GW by 2030. 
10.2. NPF4 Policies 1 Tackling the Climate and Nature Crises and 2 Climate Mitigation
and Adaptation seek to encourage, promote, and facilitate development that
addresses the global climate emergency and nature crisis, and which minimises
emissions and adapts to the current and future impacts of climate change.  Policy 2
‘Climate Change’ of the SLLDP2 states that proposals for new development must,
where possible, seek to minimise and mitigate against the effects of climate change. 
The proposals in this case are for a renewable energy development and, therefore,
intrinsically support minimising the effects of climate change through greener energy
generation. 
10.3. It is, therefore, considered that the principle of the development accords with Policies
1 and 2 of NPF4 and SLLDP Policy 2.
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10.4. Policy 11 – Energy of NPF4 states that development proposals for all forms of
renewable, low-carbon and zero emissions technologies will be supported.  This
includes energy generation through wind farm development, solar arrays and energy
storage (such as battery storage).  Detailed criteria that should be considered when
designing projects include:- 
 impacts on communities and individual dwellings, including residential amenity,
visual impact and noise 
 significant landscape and visual impacts 
 public access, including impact on long distance walking and cycling routes and
scenic routes 
 impacts on road traffic and on adjacent trunk roads, including during
construction 
 cumulative impact 
When considering these impacts, significant weight is to be placed on the
contribution the proposal makes to renewable energy generation targets and on
greenhouse gas emissions reduction targets.  This proposal would deliver an
installed capacity of up to 36 megawatts (MW) which would make a valuable
contribution towards the UK and the Scottish Government’s energy targets, including
the Scottish Ministers target to more than double Scotland’s onshore wind energy
generating capacity from 9.6 gigawatts (GW) (current installed capacity) to 20 GW by
2030.  It would also result in a reduction of greenhouse gas emissions of
approximately 27,809 tonnes of carbon dioxide per year through the displacement of
electricity that would otherwise have included equivalent fossil fuel generated power. 
10.5. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18:
Renewable Energy states that applications for renewable energy infrastructure
developments will be supported subject to an assessment against the relevant
criteria and requirements set out in the Assessment Checklist for Renewable Energy
Proposals found in Policy RE1 Renewable Energy.  Renewable energy proposals
should also take into account the considerations, criteria and guidance contained
within the Supporting Planning Guidance (SPG) on Renewable Energy.  These are
broadly similar to the criteria in NPF4 Policy 11.  Proposals will be assessed on their
merits against the relevant policies of the development plan and any relevant criteria
in the renewable energy assessment checklist. 
10.6. In view of the above, it is considered that the proposals would contribute to the wider
energy network and reflect the vision of the Scottish Governments Draft Energy
Strategy and Just Transition Plan which supports a range of technologies which
provide sufficient generation and interconnection to meet future energy demand,
including windfarms.  The development plan also provides support for all form of
renewable energy infrastructure. 
10.7. As the site lies within the Rural Area, Policy 29 – Rural Development in NPF4 is
relevant.  It states that development proposals that contribute to the viability,
sustainability and diversity of rural communities and local rural economy will be
supported.  Appropriate uses include essential infrastructure.  In turn, this 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.  The general principle of this proposal is
therefore acceptable when assessed against national policy on rural development.
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10.8. Policy 4 Green Belt and Rural Area in SLLDP2 states that support will not be given
for development proposals within the countryside, unless they relate to uses which
require a countryside location.  Policy 4 recognises that there are specific
circumstances where proposals may require to be located within a rural area if it can
be demonstrated that there is an established need for the proposed development. 
Policy GBRA2 - Business Proposals within Green Belt and Rural Area lists
renewable energy as an appropriate use in the rural area subject to it conforming to
SLLDP2 Policy 18: Renewable Energy. 
10.9. As such, subject to consideration against Policy 18, the proposed development
conforms with the requirements of Policy 4. 
10.10. Policy 18: Renewable Energy of the SLLDP2 states 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. 
10.11. SLLDP2 Volume 2 Policy RE1 Renewable Energy supports Policy 18 and states that
as well as the Checklist, renewable energy proposals should also consider the
considerations, criteria and guidance contained within the Supporting Planning
Guidance on Renewable Energy, Landscape Capacity Study for Wind Energy (2019
as amended) and other relevant policies in SLLDP2.  Part of the Checklist includes
an assessment of the criteria also referenced in NPF4 Policy 11, as well as SLLDP2
Policies 5 and 14 and their associated SLLDP2 Volume 2 Policies. 
10.12. Together, NPF4 Policy 11 and SLLDP2 Policy 18 set out the criteria that are required
to be addressed when determining applications of this scale and nature.  A summary
of the assessment of the proposals against these various matters is set out below. 
10.13. Landscape and visual impacts including landscape capacity and cumulative
developments 
The Council’s landscape technical studies provide a comprehensive baseline for the
assessment of wind farm and wind turbine proposals in South Lanarkshire.  In the
first instance, it is noted that the site falls within an area which the 2016 Landscape
Capacity Study identifies as having a high potential to accommodate turbines with a
height of up to 250m.  Consequently, it is considered that the proposed development
would not generally conflict with this aspect of the study. 
10.14. A Landscape and Visual Impact Assessment (LVIA) has been submitted with the
application.  The site is within the Plateau Moorland with Windfarms Landscape
Character Type (LCT) the key characteristics of which include a large-scale
landform, extensive windfarm development and a distinctive upland character formed
by the plateau landform and moorland vegetation.  This LCT has generally a low
value in landscape terms and does not form part of a designated landscape.  The
land use pattern that has emerged is largely man-made comprising of commercial
forestry, windfarms and extensive moorland.  The combination of the value of the
landscape and its susceptibility to the proposals results in a low sensitivity rating to
windfarm development of the scale proposed. 
10.15. Across the majority of the LCT, the LVIA establishes that there would be limited
theoretical visibility of the proposed development and hence no significant effects
across the area.  It does state that significant landscape character effects would
occur within approximately 5km of the proposed turbine locations in those areas
where there is existing wind farm development and commercial forestry.  However,
enclosure provided by forestry and/or intervening wind farm development would
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moderate this influence and therefore the landscape character effects would not be
significant. 
10.16. Outwith this landscape character type, the LVIA predicts that significant landscape
effects would be confined to the closest parts of the ‘Upper River Valley – Glasgow
and Clyde Valley’ and the ‘Plateau Moorlands – Glasgow and Clyde Valley’
landscape character types.  Beyond these areas, any visibility of the proposed
windfarm would generally be seen within the context of other existing wind farm
clusters such as Whitelee or would be seen at a distance.  As a result, no significant
adverse effects on other landscape character types would occur. 
10.17. The LVIA also considers the potential cumulative effects on landscape character as
a result of the addition of the proposed development to other consented and
proposed wind energy developments.  While it would intensify the influence of wind
farm developments on the southeastern part of the host LCT, the contribution of the
proposal would be relatively modest and not significant given it would be situated
adjacent to the consented Low Drumclog windfarm and would have a backdrop of
Whitelee windfarm. 
10.18. The site is located outwith and is distant from any areas of designated and
recognised landscape value.  Given the limited visibility and/or distance of views that
would be experienced from such designated areas, there would be no significant
impact on the special qualities of any National Parks, National Scenic Areas, wild
land areas or Special Landscape Areas (SLAs).  Whilst there would be more
widespread theoretical visibility from the Uplands and Moorlands Local Landscape
Area (LLA) in East Ayrshire, the turbines would be located in a separate landscape
context that already has a strong influence from Whitelee windfarm, such that its
addition would not contribute to any significant effects upon the LLA’s special
qualities. 
10.19. As noted above, there would be some localised significant effects within 5km from
the site.  The main significant effects would be confined to views from the closest
residential properties to the site; on views experienced by residents from some
central parts of the settlement of Drumclog and some southwestern parts of
Strathaven; and on views experienced by road users along some of the closest
sections of the A71.  Significant effects are also predicted on views experienced by
recreational users from the summit of Loudon Hill and on views from some Core
Paths within the vicinity of the site.  NPF4 Policy 11 states that significant landscape
and visual impacts are to be considered acceptable where impacts are localised
and/or appropriate design mitigation has been applied. 
10.20. It is accepted that whilst the proposed development will present itself as a new man-
made feature within the landscape, it has to be accepted that the development will
be seen within the context of a large number of existing turbines which are present in
the surrounding area, these existing turbines exerting a strong visual influence over
the established landscape character of the area.  Although higher than these existing
turbines, the contribution of the proposals to any cumulative effects would be
modest.  Overall significant cumulative landscape and visual effects would be
confined to some localised views within the southwestern part of Strathaven and to
viewpoints in close proximity of the site.  Such localised cumulative landscape and
visual effects are considered to be acceptable.
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10.21. Impacts on communities and individual dwellings, including visual impact, residential
amenity, noise and shadow flicker 
There are several residential properties within the vicinity of the site which will be
impacted visually by the proposed development.  A Residential Visual Amenity
Assessment (RVAA) has been submitted which considers the potential effects of the
proposals on all properties within 1.6km from the proposed wind turbine locations.  It
predicts that no properties would reach the standard thresholds for concluding
whether residential visual amenity would be exceeded and this is due to the limited
horizontal extent of the turbines, the limited number of turbines and the screening
provided by woodland and building.  Overall, it is considered that the proposals
would not adversely impact upon residential visual amenity to a significant and
unacceptable degree. 
10.22. In terms of potential noise impact, the consultation response which has been
received from Environmental Services offers no objection to the proposed
development subject to conditions covering both noise and shadow flicker.  Subject
to the imposition of these conditions it is considered that sufficient control will exist to
ensure that no nuisance issues will arise in respect of either noise or shadow flicker. 
10.23. Effect on the natural heritage and protected species 
NPF4 Policy 3 – Biodiversity requires development proposals to contribute towards
the enhancement of biodiversity and should also integrate nature-based solutions,
where possible.  The Ecological Impact Assessment shows that protected species
would not be affected by the proposals and NatureScot have not objected to the
application.  A draft Biodiversity Enhancement and Restoration Plan (BERP) has
been submitted which shows the positive biodiversity improvements that would be
provided.  The agreement of a BERP by planning condition will ensure that a suitable
level of positive biodiversity improvements are provided. 
10.24. NPF4 Policy 4: Natural Places seeks to ensure that natural assets are protected,
restored and enhanced.  The site is not located within a designated nature
conservation area.  The ecological and ornithological impact assessments show that
the proposed development would not have a significant effect on any existing or
proposed European site (Special Area of Conservation or Special Protection Areas)
nor would it have any significant effects on any Sites of Special Scientific Interest or
National Nature Reserves. 
10.25. NPF4 Policy 5: Soils aims to protect carbon-rich soils, restore peatlands and
minimise disturbance to soils from development.  An Outline Peat Management Plan
(PMP) details how the location, positioning and orientation of the infrastructure of the
proposed development avoids deep peat as far as possible.  Where this is not
possible, the Outline PMP identifies how impacts on peat will be minimised and
mitigated, for example through the proposed use of floating roads, floating
hardstandings and piling of infrastructure.  The submitted Outline PMP will be
updated with information obtained during detailed ground investigations to be
undertaken and in accordance with the final detailed design.  A condition requiring a
finalised PMP to be submitted and approved prior to the commencement of
development is included in section 11 of the report. 
10.26. Impact on the historic environment 
The intent of NPF4 Policy 7 is to protect and enhance the historic environment
assets and places, and to enable positive change as a catalyst for the regeneration
of places.  A cultural heritage assessment establishes that the proposals would not
have any significant adverse effects on the historical environment, including
Scheduled Monuments, Conservation Areas, Gardens and Designed Landscapes or
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Historic Battlefields.  Whilst WoSAS has not provided a response in the application,
in line with standard practice for developments of this type, a condition can be
attached to any permission granted in respect of this application to secure the
implementation of a programme of archaeological works in accordance with a written
scheme of investigations. 
10.27. Impacts on tourism and recreation 
As is noted above, it is acknowledged that the proposed development does have the
potential to impact upon those views experienced by walkers using several Core
Paths within the vicinity of the site.  Whilst this is accepted, given the localised nature
of these impacts, it is not considered that they are of sufficient significance to justify
the potential refusal of the application. 
10.28. It is also acknowledged that there are a number of equestrian businesses within the
area which surrounds the site.  In light of the consultation response received from
the Council’s Environmental Services section, it is considered that sufficient control
over the proposed development can be secured by way of conditions to ensure that
any impacts associated with the proposed development will fall within acceptable
limits. 
10.29. Impacts on aviation and defence interests including seismology recording 
NATS, Glasgow Prestwick Airport, Glasgow Airport and Edinburgh Airport have
offered no objection to the proposed development, with it also being noted that the
MoD and Arqiva have also not objected to the application. 
10.30. Strathaven Airfield have, however, objected to the application on the basis that it
would impact adversely upon their operational activities.  The applicant has provided
a detailed statement responding to the issues raised within this objection and it is
considered that subject to appropriate conditions, the concerns which Strathaven
Airport has raised can be suitably controlled. 
10.31. Impact on Road Safety 
Following detailed discussions, the Council’s roads service has confirmed that they
have no objection to the proposed development subject to conditions which should
be imposed if planning permission is granted. 
10.32. Conclusion 
In conclusion, a full assessment of the proposals against the development plan
(consisting of both NPF4 and South Lanarkshire Local Development Plan 2) has
been carried out.  NPF4 Policy 1 directs decision makers to give significant weight to
the global emergency crisis.  Furthermore, Policy 11 states that proposals for
renewable energy that contribute to renewable energy generation targets should be
supported.  However, this is not intended to introduce a blanket approach of granting
planning permission for all renewable energy proposals but rather they should be
directed to the right locations based on their scale and impact.  Developers are
required through their submissions to show how a range of criteria set out in Policy
11, and Policy 18 in SLLDP2, have been addressed through the project design and
mitigation process. 
10.33. In this instance, following a detailed assessment, it is considered that the proposed
development can, subject to conditions, be suitably justified against the relevant
provisions of the development plan and, as such, it is recommended that planning
permission be granted in respect of this application.
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11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant full planning permission subject to the attached conditions and the
conclusion of a Legal Agreement 
The legal agreement shall cover the payment of community contributions and the
conclusion of a section 96 agreement.  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 
1.  (1) The Development shall be commenced no later than 5 years from the date of this
consent. 
(2) Written confirmation of the intended date of Commencement of Development
shall be provided to the Planning Authority no later than one calendar month prior to
the Commencement of Development. 
Reason: To comply with Section 58 of the Town and Country Planning (Scotland)
Act 1997. 
2.  (1) This consent is granted for a temporary period comprising:- 
(a) a maximum operational period of 40 years from the date that electricity is
exported from the final wind turbine, solar panel and battery unit forming part of the
development to the electricity grid network (“Final Commissioning Date”), or 40 years
from the date falling twelve months from the date electricity from any wind turbine,
solar panel or battery unit is first exported to the electricity grid network (“First
Commissioning Date”), whichever is the sooner.  That sooner date is the “Deemed
Commissioning Date” for the purposes of this consent; 
(b) a period for the decommissioning and restoration of the site which shall not
exceed three years in duration, and 
(c) a three-year period of aftercare thereafter. 
(2) Written confirmation of the First Commissioning Date and of the Final
Commissioning Date shall be provided to the Planning Authority no later than one
calendar month after the occurrence of that date. 
Reason: To enable the Planning Authority and Scottish Ministers to calculate the
date of expiry of the consent, reflecting the fact this is a time limited permission, in
line with the provisions of Section 41(1)(b) of the Town and Country Planning
(Scotland) Act 1997. 
3. As confirmed by letter dated 2 December 2025, no consent is granted for Turbine 3
and its associated spur road and crane pad shown on Figure 2: Site Layout Plan
(Drawing Number MM_03_01577). 
Reason: As agreed with the applicant, Turbine T3 no longer forms part of the
development hereby approved.
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4.   In keeping with the SLR Chapter 9 – Noise, Mossmulloch Wind Farm EIA Report,
Wind Power North 3 Limited, as prepared by SLR Consulting limited, Project number
405.065072.00001, for client 06026 as presented within the Final Revision of 4
December 20024 (hereafter referred to as the Noise Impact Assessment (NIA)) the
following noise immissions shall be adhered to.  Cognisance shall be given to the
supporting Technical Appendices:- 
• SLR Technical Appendix 9.2 Baseline Noise Measurements - Report 4
December 2024
• SLR Technical Appendix 9.3 Noise Prediction Methodology - Report 4
December 2024
• SLR Technical Appendix 9.4 Cumulative Wind Farm Assumptions - Report 4
December 2024
• SLR Technical Appendix 9.5 Noise Limit Derivation - 4 December 2024
• SLR Technical Appendix 9.6 Noise Mitigation Strategies - 4 December 2024 
Reason: In the interests of the amenity of the surrounding area. 
5. The cumulative day time noise (7am to 11pm) from the wind turbines shall not
exceed a noise level of 40dB LA90 (10 min) or background LA90 (10 min) +5dB,
whichever is the greater, at the boundary of the curtilage of any noise sensitive
premises at all times at wind speeds of up to 12 metres per second at 10m height as
measured within the site.  This is based on the cumulative projections contained
within the supporting Noise Impact Assessment (NIA). 
This is on the basis that the figures, as derived from the NIA and based on the
supporting appendices, are required specific to the development to meet the
conditioned cumulative limits.  The following supporting tables shall be adhered to:- 
a) Table 9.17: Predicted Operational Noise Levels; Proposed Development (dB
LA90) - Target criteria as modified by (b) below.
b) Table 9.17 shall be modified by Table 9.30: Predicted Operational Noise Levels
including Mitigation; Scenario 3; Daytime (dB LA90) – required mitigation to (a) to
comply with available headroom identified within (c) below.
c) To comply with Table 9.23: Margin to RNB Noise Limits for Scenario 3; Daytime
(dB LA90) 
Reason: In the interests of the amenity of the surrounding area. 
6. The cumulative night time noise (11pm to 7am) from the wind turbines shall not
exceed a noise level of 43dB LA90 (10 min) or background LA90 (10 min) +5dB,
whichever is the greater, at the boundary of the curtilage of any noise sensitive
premises at all times at wind speeds of up to 12 metres per second at 10m height as
measured within the site.  This is based on the cumulative projections contained
within the supporting Noise Impact Assessment. 
This is on the basis that the figures as derived from the NIA and based on the
supporting appendices are required specific to the development to meet the
conditioned cumulative limits.  The following supporting tables shall be adhered to:- 
a) Table 9.17: Predicted Operational Noise Levels; Proposed Development (dB
LA90) - Target criteria as modified by (b) below.
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b) Table 9.17 shall be modified by Table 9.29: Predicted Operational Noise Levels
including Mitigation; Scenario 3; Night (dB LA90) - required mitigation to (a) to
comply with available headroom identified within (c) below.
c) To comply with Table 9.22: Margin to RNB Noise Limits for Scenario 3; Night (dB
LA90) 
Reason: In the interests of the amenity of the surrounding area. 
7.    On installation of the selected turbines, the applicant shall undertake a noise
assessment to demonstrate compliance with condition 5 above.  This shall be in
keeping with the principles set out in the document “The Assessment and rating of
Noise from Wind Farms (ETSU-R-97)”. In addition, cognisance shall be given to
relevant Institute of Acoustics guidance.  The results of the measurement including
any required mitigation shall be submitted to the Planning Authority for their
consideration and approval. 
Reason: To allow the Planning Authority to consider these matters in detail. 
8. Where the tonal noise emitted by the development exceeds the threshold of audibility
by between 2dB and 6.5dB or greater, then the acceptable noise specified in
condition 5 shall be reduced by the penalty level identified within section 28 of 'The
Assessment and Rating of Noise from Wind Farms- ETSU-R-97. (See Figure below). 
The definition of audibility for the purposes of this condition shall be as described in
ETSU-R-97. The penalty shall only apply at properties where the tonal noise is
measured and shall only relate to the wind speeds at which the tonal noise occurs at. 
Reason: In the interests of the amenity of the surrounding area. 
9.    At the reasonable request of the Planning Authority and following a complaint to it
relating to noise emissions arising from the operation of the wind farm, the wind farm
operator shall appoint an independent noise consultant, whose appointment shall
require to be approved by the Planning Authority, to measure the level of noise
emission from the wind farm at the property to which the complaint related.  The
measurement and calculation of noise levels shall be undertaken in accordance with
ETSU-R-97 having regard to paragraphs 1 to 3 and 5 to 11 inclusive of the
schedules on Pages 95 to 97 inclusive, and Supplementary Guidance. 
The Planning Authority shall inform the wind farm operator whether the noise giving
rise to the complaint contains or is likely to contain a tonal component or an
amplitude modulation.
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Where an assessment of any noise impact is, in the opinion of the Planning Authority
acting reasonably, found to be in breach of the noise limits the developer shall carry
out mitigation measures to remediate the breach so caused.  Details of any such
mitigation measures required are to be submitted to the Planning Authority for prior
approval.  Within 21 days of a written request by the local Planning Authority,
following a complaint to it from a resident alleging noise disturbance at the dwelling
at which they reside and where Excess Amplitude Modulation (AM) is considered by
the local Planning Authority to be present in the noise immissions at the
complainant's property, the wind farm operator shall submit a scheme, for the
approval of the local Planning Authority, providing for the further investigation and,
as necessary, control of Excess AM.  The scheme shall be based on best available
techniques and shall be implemented as approved. 
Reason: To allow for the Council to properly consider any potential noise complaints. 
10. The utilisation of either borrow pits or blasting shall be agreed with the Planning
Authority prior to their implementation.  This will require the appropriate method
statements and will be subject to the approval of the Planning Authority. 
Reason: To allow the Planning Authority to consider these matters in detail. 
11.   The applicant shall ensure that prior to the erection of the first turbine, a Wind Farm
Shadow Flicker Protocol shall be submitted to and approved in writing by the local
Planning Authority. 
This shall set out the protocol to be followed should a shadow flicker complaint be
received from a receptor within the study area and potential mitigation measures.
These mitigation measures may include the provision of internal or external
screening at the property of the complainant (subject to formal agreement with the
resident), or programming of the turbines to minimise impacts.  Operation of the
proposed development would be undertaken in accordance with the Wind Farm
Shadow Flicker Protocol. 
At the reasonable request of the Planning Authority and following notification of
alleged shadow flicker, the operator shall engage the services of a competent
consultant to review the mitigation programme.  Where shadow flicker has occurred,
the operator shall make any reasonable adjustment to prevent further occurrence. 
Reason: In the interests of the amenity of the surrounding area. 
12.    The applicant shall ensure that audible construction activities shall be limited to,
Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday – No
audible activity.  No audible activity shall take place during local and national bank
holidays - without the prior written approval of the Planning Authority. 
Under exceptional conditions the above time restrictions may be further varied
subject to written agreement with the council as Planning Authority. 
All works will be carried out in accordance with the current BS5228:2009, ‘Noise
control on construction and open sites.  This shall follow the submitted construction
noise within the supporting NIA- SLR Chapter 9 – Noise, Mossmulloch Wind Farm
EIA Report, Wind Power North 3 Limited, as prepared by SLR Consulting limited,
Project number 405.065072.00001, for client 06026 as presented within the Final
Revision of 4 December 2024.
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Reason: In the interests of the amenity of the surrounding area. 
13. (1) No development shall commence unless and until a site-specific scheme
("Borrow Pit Scheme") for the working and outline restoration of the borrow pits
forming part of the development has been submitted to and approved in writing by
the Planning Authority in consultation with SEPA.  The scheme shall include (but
shall not necessarily be limited to):- 
(a) A detailed working method statement based on site survey information and
ground investigations;
(b) Details of the handling of any overburden (including peat and any other carbon
rich soils, soil and rock);
(c) Drainage and water management, including measures to prevent surrounding
areas of peatland, water dependent sensitive habitats and Ground Water Dependent
Terrestrial Ecosystems (GWDTE) from drying out; and
(d) A programme of implementation of the works described in the scheme. 
(2) The scheme approved under part (1) shall thereafter be implemented in full,
provided the terms of Condition 13 are satisfied. 
(3) No works associated with the reinstatement and restoration of the borrow pits
shall be undertaken until a detailed borrow pit restoration scheme (taking account of
the outline restoration scheme) providing full details, including timetable, of the
reinstatement, restoration and aftercare of the borrow pits, including topographic
surveys of pre-construction profiles and details of topographical surveys to be
undertaken on the restored borrow pit profiles, has been submitted to and approved
in writing by the Planning Authority.  For the avoidance of doubt, the borrow pit
restoration scheme requires to be submitted to the Planning Authority for
consideration within 6 months of the end of the construction period. 
(4) The detailed borrow pit restoration scheme approved under part (3), above, shall
be implemented in full within six months of the date of approval of the scheme,
unless otherwise agreed in writing with the Planning Authority. 
Reason: To ensure that borrow pit operations are carried out in a manner that
minimises impact on the environment, and in the interests of visual amenity of the
area. 
14.  (1) Without prejudice to Condition 13, no blasting shall take place until a scheme to
address site blasting has been submitted to and has received the written approval of
the Planning Authority.  The scheme shall detail (but shall not necessarily be limited
to) the following elements: 
(a) Blasting monitoring locations;
(b) Type of monitoring equipment to be used;
(c) Frequency of monitoring;
(d) The methods employed to minimise the effects of over pressure arising from the
blasting, having regard to blast design, methods of initiation and the weather
conditions prevailing at the time;
(e) Limits on air overpressure at specified properties; and
(f) Submission of blasting records to the Planning Authority upon its request. 
(2) The scheme approved under part (1), above, shall be implemented in full unless
otherwise agreed in writing by the Planning Authority.
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(3) No blasting shall take place except between 10am – 12pm and 2pm – 4pm on
Mondays to Fridays inclusive and 10am – 12pm on Saturdays. No blasting shall take
place on Sundays or on local and national public holidays. 
Reason: In the interests of safety and residential amenity. 
15. Prior to commencing works on site the applicant shall submit, for written approval of
the Council as Planning and Roads Authority, a detailed design of the proposed A71
site access formed generally in accordance with drawing Planning Application Figure
11 with a minimum 7.3m wide industrial standard access, appropriate radii with a
bituminous surface finish over the first 15 metres measured from the nearside
channel line of the public road with security gates set back the same distance.  The
design shall include details of visibility splays, road markings, drainage, signage,
swept paths and measures adjacent to the public road boundary for removable
barrier to prevent routine access post construction. 
Reason: To allow the Planning Authority to consider these matters in detail. 
16. That a Stage 2 Road Safety Audit, together with the Designer’s Response, shall be
submitted in support of the proposed site access works referred to in condition 15
above all for the written approval of the Council as Planning and Roads Authority,
and that the audit brief and reports be prepared in accordance with the Design
Manual for Roads and Bridges (GG119). 
Reason: To allow the Planning Authority to consider these matters in detail. 
17. That once approved, the site access works shall be constructed in accordance with
the agreed drawings and specification and completed prior to commencement of the
internal windfarm works and, thereafter, the site access shall be maintained for the
life of the windfarm hereby approved all to the satisfaction of the Council as Planning
and Roads Authority. 
Reason: In the interests of road traffic safety. 
18. Prior to commencement of internal site works, a visibility splay of 4.5 metres by 160
metres in both directions, measured from the nearside road channel line, shall be
provided onto the A71 and everything exceeding 1.05 metres in height above the
road channel level shall be removed from the visibility envelope and thereafter
nothing exceeding 1.05 metres in height shall be planted, placed or erected within
these sight lines.   
Reason: In the interests of road traffic safety. 
19. That the site access shall be constructed in such a way as to prevent any surface
water or deleterious material from running onto or entering the public road and be
maintained by the applicant, as such, for the lifetime of the development hereby
approved. 
Reason: In the interest of road traffic safety.
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20. That a minimum of six months prior to abnormal loads being moved, the applicant
shall submit, for the written approval of the Council as Planning and Roads Authority,
an Abnormal Load Route Assessment for delivery of specialist components and
lifting equipment which shall include details of any modifications required to the
Council’s local road network. 
Reason: To allow the Council to consider these matters in detail. 
21. That a minimum of six months prior to movement of abnormal loads to site the
applicant shall submit, for the written 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 and any structures that support the public road.  The Bridge Assessments
shall include for the action of all proposed abnormal loads and lifting equipment
associated with the construction of the development. 
Reason: To allow the Council to consider these matters in detail. 
22. Prior to movement of any abnormal loads to site using the Council’s road network,
the applicant shall lodge a Bridge Bond with the Council, the value of which is to be
agreed with the Council. 
Reason: To ensure that funding is available to cover any required remedial works to
the Council’s road network. 
23. 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, timber extraction and abnormal load deliveries using the
new A71 bellmouth access for windfarm and substation works unless otherwise
agreed in writing.
b. Measures to ensure that the specified routes are adhered to by all operatives and
suppliers, including monitoring procedures.
c. Details of all temporary construction direction signage.
d. Provisions for emergency vehicle access.
e. Wheel washing arrangements to prevent detritus being deposited on the public
road.
f. On-site car parking for construction vehicles as no parking permitted on the
public road.
g. Delivery and laydown space and turning area to ensure all vehicles enter and exit
site in a forward gear.
h. Stipulation that no construction traffic shall be permitted to use Ardochrig Road.
i. Public relations strategy to inform relevant communities of the programme of
abnormal load movements.
j. Identification of a nominated person to whom any road safety issues can be
referred. 
Reason: To allow the Council to consider these matters in detail. 
24. That once approved, all construction works shall be undertaken in accordance with
the approved Construction Phase Traffic Management Plan unless otherwise agreed
in writing with the Council as Planning and Roads Authority.
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Reason: In the interests of road traffic safety. 
25. That prior to works commencing on site the applicant shall submit, for the written
approval of the Council as Planning and Roads Authority, proposals for permanent
and temporary traffic signage, including relocation of existing brown tourist traffic
signs, all in accordance with the Traffic Sign Manuals and The Traffic Signs
Regulations and General Directions.  The submission shall be accompanied by
written agreement from Transport Scotland Roads Delivery Standards Branch for
any non-prescribed signs. 
Reason: To allow the Council to consider these matters in detail. 
26. That prior to works commencing on site the applicant shall submit, for the written
approval of the Council as Planning and Roads Authority, surface water drainage
proposals to ensure no surface water discharges onto the public road. 
Reason: In the interests of road traffic safety. 
27. That prior to works commencing on site the applicant shall undertake a roads
dilapidation survey for the A71 for 50 metres either side of the proposed site access. 
Interim and final surveys shall be undertaken as directed by the Council as Roads
Authority.  Each inspection shall be recorded in a report to include photographs,
plans and descriptions of road conditions and that this information shall be submitted
to the Council for record purposes within 7 days of the survey being undertaken. 
Reason: To allow the Council to establish the condition of the road network prior to
the development commencing. 
28. That the applicant shall be responsible for repairing damage identified through the
dilapidation surveys that are attributable to their operations and undertake all
necessary repairs within timescales stipulated by the Council as Roads Authority. 
Reason: To ensure the proper repair of any damage to the road network arising as a
result of the proposed development. 
29. (1) No construction or decommissioning of any wind turbines, or deployment of any
construction equipment or temporary structures of 15 metres or more in height
(above ground level) shall take place until a construction aviation lighting scheme
has been submitted to and approved in writing by the Planning Authority in
consultation with the CAA and the MOD.  The construction aviation lighting scheme
shall include (but shall not necessarily be limited to) the following details:-
(a) any construction equipment and temporary structures with a total height of 15
metres or greater (above ground level) that will be deployed during the construction
or decommissioning periods, and 
(b) specific details, including nature of lighting (visible or infrared), the performance
specification of the lighting, design, dimensions and make and model of the lighting
units to be fitted to any such structures specified under part (1)(a) and where on
these structures the proposed aviation safety lighting is to be fitted.
(2) Thereafter the lighting approved under part (1) shall be installed on the relevant
construction equipment and temporary structures and must be displayed and
maintained in an effective condition for the duration of any such equipment and
structures on site until their removal from site.
Reason: To maintain military aviation safety. 
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30.  (1) No wind turbine shall be erected until an Aviation Lighting Scheme has been
submitted to and approved in writing by the Planning Authority, in consultation with
the Civil Aviation Authority and the MOD.  This scheme must detail any mitigation
and operating protocols necessary and to be implemented to reduce visual impacts
from the lighting, as set out within the submitted EIA Report, including but not
necessarily limited to intensity reduction in good visibility, directional angle intensity
reduction, and reduction in required lighting where the design and layout of the wind
farm allows for this.  The scheme shall also include full performance specification
and details of the design, dimensions, make and model of all aviation lighting units
proposed, including any infrared and visible lighting units and their positioning on the
wind turbines. 
(2) No later than the third anniversary of the date electricity is first exported to the
grid from any wind turbine forming part of the development and every three years
thereafter for the operational lifetime of the development, the Company shall submit
a review of the Aviation Lighting Scheme to the Planning Authority.  Each review
shall include:-
(a) An assessment of options available for the reduction of: the numbers of visible
lights installed on turbines, and/or the time period when lights are visible, and/or the
intensity of the visible lighting;
(b) An assessment of the potential for the installation of an Aircraft Detection Lighting
System (“ADLS”), including a statement setting out the current and anticipated
regulatory environment in relation to ADLS, and
(c) An assessment of whether it is technically feasible, through the regulatory
framework to install an ADLS at the development.
(3) The review shall, where applicable in light of the findings in respect of the matters
detailed under part (2), propose amendments to the Aviation Lighting Scheme.
Specifically regarding ADLS, if a review assesses that it is technically feasible to
install ADLS, such review shall also include the Company’s proposals for the
installation of ADLS together with a proposed timetable for installation.  Any
proposed amendment shall evidence compliance with the then current aviation
lighting requirements of the Civil Aviation Authority and Ministry of Defence.
(4) Any proposed amendments to the Aviation Lighting Scheme resulting from the
review under part (2) must be submitted to and receive the written approval of the
Planning Authority, in consultation with the Civil Aviation Authority and the Ministry of
Defence and shall thereafter be implemented in accordance with the approved
details, including timetable.
(5) The Development shall be operated in accordance with the approved Aviation
Lighting Scheme, or any such amended scheme as may be approved under part (4),
unless otherwise approved in advance in writing by the Planning Authority in
consultation with the Civil Aviation Authority and the Ministry of Defence, and shall
be maintained in an effective condition throughout the operational lifetime of the
Development. 
Reason: In the interest of aviation safety and visual amenity. 
31.  (1) The development shall cease to generate electricity by no later than the date
falling 40 years from the Deemed Commissioning Date and the development shall be
decommissioned and the site restored to its former condition or such other condition
as agreed by the Planning Authority thereafter and aftercare carried out. The total
period for the decommissioning and restoration of the site in accordance with this
condition shall not exceed three years in duration, with the exception of three years
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of aftercare required by the Decommissioning, Restoration and Aftercare plan
approved under Condition 31(2). 
(2) No later than 12 months prior to decommissioning of the development or the
expiration of the 40 year period of operation (whichever is the earlier), a detailed
Decommissioning, Restoration and Aftercare Plan shall be submitted to the Planning
Authority for their written approval, in consultation with Transport Scotland.  The
detailed Decommissioning, Restoration and Aftercare Plan shall provide updated
and detailed proposals, in accordance with relevant guidance at that time, for the
removal of the development, the treatment of ground surfaces and site restoration to
return the site to its former condition or such other condition as agreed by the
Planning Authority, the management and timing of works and environmental
management provisions which shall include (but shall not necessarily be limited to)
the following:- 
(a) a site waste management plan (dealing with all aspects of waste produced during
the decommissioning, restoration and aftercare phases and including details of
measures to be taken to minimise waste associated with the development and
promote the recycling of materials and infrastructure components); 
(b) details of the formation of any required decommissioning construction compound,
welfare facilities, any areas of hardstanding, turning areas, internal access tracks,
car parking, material stockpiles, oil storage, lighting columns, and any construction
compound boundary fencing; 
(c) a dust management plan; 
(d) details of measures to be taken to prevent loose or deleterious material being
deposited on the local road network including wheel cleaning and lorry sheeting
facilities, and measures to clean the site entrances and the adjacent local road
network; 
(e) a pollution prevention and control method statement, including arrangements for
the storage and management of oil and fuel on the site; 
(f) details of measures for the storage and management of soils and peat; 
(g) a surface water and groundwater management and treatment plan, including
details of the separation of clean and dirty water drains, and restoration of any BESS
firewater runoff containment system and settlement lagoons; 
(h) details of measures for sewage disposal and treatment; 
(i) details of any temporary site lighting; 
(j) a traffic management plan; 
(k) details of any watercourse crossing removal or reduction; 
(l) details of the three years of aftercare to be undertaken on site post restoration
works; 
(m) a timetable for the decommissioning, restoration and aftercare works, and
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(n) a species protection plan based on surveys for protected species (including birds,
bats and reptiles) and water quality and fish population monitoring measures. 
(3) The development shall be decommissioned, the site restored and aftercare
carried out thereafter in accordance with the detailed Decommissioning, Restoration
and Aftercare Plan approved under part (2). 
Reason: To ensure the satisfactory decommissioning of the development and
restoration of the site and aftercare in a suitable and environmentally acceptable
manner in the interests of safety, amenity and environmental protection. 
32.  (1) No development shall commence unless and until the applicant has delivered
signed bond(s) or other financial guarantee(s) to the Planning Authority, and the
Planning Authority has provided written confirmation that the bond(s) or other
financial guarantee(s) have been approved.  The details of the respective bond(s) or
other financial guarantee(s) require to be acceptable to the Planning Authority and
shall cover the costs of all decommissioning, restoration and aftercare of the site as
required by condition of this consent.  Should the Planning Authority require the input
of external independent expert advice (such independent person to be appointed by
the Planning Authority) in assessing the sufficiency of the bond or other financial
guarantee, the applicant shall pay the duly substantiated costs incurred by the
Planning Authority in obtaining such advice. 
(2) The applicant shall ensure that an approved bond or other financial guarantee is
maintained prior to the commencement of development until the date of completion
of all decommissioning, restoration and aftercare obligations required by Condition
31 of this consent. 
(3) The adequacy of the approved bond or other financial guarantee shall be subject
to review at five-yearly intervals, or such other intervals as agreed by the Planning
Authority, from receipt of the approved bond(s) or other financial guarantee(s), to be
paid for by the applicant and conducted by a suitably qualified independent person
(such independent person to be appointed by the Planning Authority) who has
relevant experience in such matters.  The findings of such reviews will be provided to
the applicant and the Planning Authority, by the independent person, within 14 days
of the review taking place.  Any revisions to the bond(s) or other financial
guarantee(s) recommended by the review and agreed in writing by the Planning
Authority, in favour of and in terms acceptable to the Planning Authority, shall be
made within 28 days of receiving said written agreement from the Planning Authority
and documentary evidence shall be provided to the Planning Authority to that effect. 
Reason: To ensure there are sufficient funds available for the full costs of
decommissioning, restoration and aftercare should the Planning Authority require to
undertake this work, and to ensure the effective implementation of the
decommissioning, restoration and aftercare plan in a suitable and environmentally
acceptable manner. 
33. 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
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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. 
34. Within four months of the commencement of the development, the applicant shall
submit to the Council, for their written approval as Planning Authority, details of the
proposed landscape associated with the development.  These details shall include,
but not be limited to, details of the number, species and size of the plants to be used
as part of these landscaping works, and the proposed phasing of the works. 
Reason: To allow the Council to consider these matters in detail. 
35. A minimum 50 metre buffer shall be provided around all water bodies within the site
boundary except for those within the vicinity of any new watercourse crossing. 
Reason: In order to suitably protect those water courses which run through the site. 
36. Any new watercourse crossings shall be in the form of oversized bottomless arched
culverts or traditional style bridges. 
Reason: In order to suitably protect those water courses which run through the site. 
37. Prior to any development commencing on site, full details of the proposed peat
storage locations and means of storage shall be provided to the Council for their
written approval. 
Reason: To ensure that the peat reserves within the site are properly protected. 
38. (1) No above ground works shall commence until a Primary Radar Mitigation
Scheme has been submitted to and approved in writing by the Scottish Ministers
following consultation with the Operator. 
(2) No blades shall be fitted to any turbine until the technical mitigation measures set
out in the approved Primary Radar Mitigation Scheme have been implemented in
accordance with its terms and the development shall thereafter be operated fully in
accordance with such an approved Primary Radar Mitigation Scheme. 
For the purpose of this condition:- 
"Operator" means NATS (En Route) plc, incorporated under the Companies Act
(4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants P015
7FL or such other organisation licensed from time to time under sections 5 and 6 of
the Transport Act 2000 to provide air traffic services to the relevant managed area
(within the meaning of section 40 of that Act). 
"Primary Radar Mitigation Scheme" or “Scheme” means a detailed scheme agreed
with the Operator which sets out the measures to be taken to avoid at all times the
impact of the development on the primary surveillance radar infrastructure and air
traffic management operations of the Operator. 
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Reason: To secure mitigation of impacts on the aerodrome navigations systems and
radar station and to safeguard radar and air traffic interests. 
39. (1) All wind turbines, buildings, masts, areas of hardstanding, associated
infrastructure and tracks shall be constructed in the locations shown on the
approved plans. 
Any such micro-siting is subject to the following restrictions unless otherwise
approved in advance in writing by the Planning Authority:- 
(a) no wind turbine, building, mast or hardstanding shall be moved more than 50
metres from the approved position 
(b) no access track shall be moved more than 50 metres from the approved
position 
(c) no micro-siting shall take place with the result that infrastructure (excluding
floating tracks or hardstanding) has a greater overall impact on peat than the
original location 
(2) no later than six months after the Date of First Commissioning, an updated site
layout plan showing the final position of all wind turbines, buildings, masts,
areas of hardstanding, tracks and associated infrastructure forming part of the
development shall be submitted to the Planning Authority. 
Reason: To control environmental impacts while taking account of local ground
conditions. 
12. Reason for Decision
12.1. The proposal complies with the provisions of Policies 1, 2, 3, 4, 7, 11, 22 and 29 of
National Planning Framework 4 (2023), and Policies 1, 2, 4, 5, 14, 15, 16 and 18 of
the adopted South Lanarkshire Local Development Plan 2 and would have no
significant adverse impact on landscape character and amenity, public safety and
the local environment. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 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=SOALISOPHDK00 
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.
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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 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/0758
Proposal:  Installation of 40MW Battery Energy Storage System (BESS) facility
with associated infrastructure 
Site Address:  Land 310m Northeast of Newhouse Farm
Westburn Road
Cambuslang
G72 7UW 
Applicant:  GPC 676 Ltd
Agent:  AAH Planning Consultants
Ward:  14 Cambuslang East
Application Type:  Full Planning Permission
Advert Date:  Rutherglen Reformer 5 January 2026
Development Plan
Compliance: 
No 
Departures:  Yes
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
5
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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 is located south of Newton, within the designated green belt.  The
site has a triangular layout, approximately 1 hectares in size and forms part of an
existing agricultural field.  It is bound to the south by Westburn Road (part of National
Cycle Route 75) and to the north by mature landscaping running alongside the railway
line.  The site is relatively flat with overhead electricity cables running through the
middle of the site and a hedgerow along the southern boundary with Westburn Road. 
3. Description of Proposed Development
3.1 The proposal is for the formation of a Battery Energy Storage System (BESS) facility
and for the installation of associated infrastructure.  The facility would store electricity
and release it back into the grid when there is demand.  A new vehicular access is
proposed to be formed to the site from Westburn Road, requiring the removal of a
section of hedgerow for access and visibility.  The battery units and associated Power
Conversion System (PCS) units would be enclosed within containers, similar in
appearance to shipping containers.     
3.2 The proposed development would comprise of:- 
 18 battery containers measuring 12.2m by 2.4m and a height of 2.9m
 9 Power Conversion System (PCS) unit containers measuring 6.1m by 2.4m with
a height of 2.9m 
 1 storage container measuring 12.6m by 2.4m with a height of 2.6m
 substation building measuring 12.6m by 2.4m with a height of 2.6m
 control room measuring13.4m x 3.2m with a height of 3.4m 
 Distribution Network Operator (DNO) building measuring 7.7m by 4.6m with a
height of 3.5m
 2 water tanks with a diameter of 7.3m and a height of 3m
 on-site parking provision
 internal access roads
 associated equipment 
3.3 The development would be limited to the eastern section of the site, adjacent to
Westburn Road to avoid building under the overhead cables.  The containers would
be positioned mainly in two rows, with the storage container sited to the back of the
site, adjacent to the substation and control room.  The DNO building would be located
adjacent to the vehicular access.  The access and site area hosting the containers
would be finished in hardstanding to allow for installation and maintenance of the
various containers and equipment, and the site would be enclosed by fencing, gates
and monitored by CCTV. 
3.4 The applicant has indicated a grid connection via underground cables linking the site
to the SP Energy Networks (SPEN) Clyde’s Mill substation on Westburn Road,
Cambuslang, approximately 1.7km northwest of the site.  It is not evident at this stage
whether or not SP Energy Networks would accept the connection, however, the lack
of formal agreement should not impact upon the determination of an application. 
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4. Relevant Planning History
4.1 Planning application P/23/0886 for the Installation of a 40MW Battery Energy Storage
System (BESS) facility with associated infrastructure was refused planning permission
by notice dated 6 November 2024 following consideration by the Planning Committee
on 5 November 2024. 
4.2 This earlier application relates to the same site as this current application. 
4.3 A Proposal of Application Notice (PAN) for this proposed development was submitted
in March 2025 (P/25/0006/PAN) with details provided of pre-application public
consultation events.  A Pre-Application Consultation report has been submitted with
the application. 
5. Supporting Information 
5.1 Several supporting documents have been submitted in support of this application
including:- 
 Supporting Statement (including Design and Access Statement)
 Flood Risk Drainage Assessment 
 Noise Impact Assessment
 Transportation Statement
 Landscape and Visual Assessment
 Ecological Impact Appraisal
 Outline Battery Safety Management Plan
 Archaeological Survey and Assessment
 Community Wealth Building Plan 
6. Consultations
6.1 Environmental Services – No objections subject to conditions relating to noise, the
inclusion of anti-vibration dampeners, validation testing and the inclusion of relevant
advisory notes
Response:  Noted.  These matters could be addressed through conditions and on the
decision notice if the application were to be approved. 
6.2 Roads, Transportation and Fleet Services – No objections, subject to conditions
relating to compliance with the submitted plans, the provision of an appropriate
visibility splay and the approval of a Traffic Management Plan for the construction
phase.  A Road Opening Permit would also be required for the proposed new site
access. 
Response:  Noted.  These matters could be addressed through conditions if the
application were to be approved. 
6.3 Network Rail – Initially objected to the proposal, however, this objection was removed
following the receipt of further information, subject to conditions related to the
submission of a Fire Risk Management Plan and Fire Emergency Response Plan; the
provision of a suitable trespass proof fence adjacent to Network Rail’s boundary; the
submission of a surface and foul water drainage scheme; and the submission of
landscaping and lighting schemes.  
Response:  Noted.  These matters could be addressed through conditions and on the
decision notice if the application were to be approved. 
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6.4 SGN (Scotland Gas Networks Plc) – Object to the proposal as the development is
within the vicinity of two high-pressure gas transmission pipelines and there is a
requirement for an electrical interference survey to be undertaken or for other suitable
evidence to be provided that the proposed battery storage facility would not adversely
affect the high-pressure pipeline. 
SGN would only agree to remove the objection subject to conditions being included
on any planning approval requiring further assessment to be undertaken to
demonstrate that the proposed installation shall not compromise or pose a threat to
the integrity of the pipelines or people. 
Response:  Noted, with it being further advised that the use of an appropriate
condition to overcome these concerns was agreed with SGN in respect of the earlier
application for the development of the site. 
6.5 SP Energy Networks – No objection to the proposed development. 
Response:  Noted.   
6.6 West of Scotland Archaeology Service (WoSAS) – No objections to the proposal
although a condition requiring a programme of archaeological works to be undertaken
should be included on any consent as the location and history of the site is such that
there is the potential for sub-surface archaeological material to survive below the site.
Response:  Noted.  These matters could be addressed through conditions on the
decision notice if the application were to be approved. 
7. Representations
7.1 Following the statutory period of neighbour notification, a total of 101 representations
have been received (99 objections and 2 in support).  The issues raised within the
letters of objection are summarised as follows:- 
 Concerns regarding the green belt location of the proposal
 Concerns that the installation would be highly visual due to its position adjacent
to the busy Westburn Road
 Concerns regarding health and safety, including the potential for electrical
shocks, arc flash, explosion and fire.  Fires at such facilities can also produce
toxic gasses
 Concerns regarding an increase in traffic in the area and the access to the site,
including during construction and about the accuracy of the Transport
Assessment 
 Concerns regarding noise and the accuracy of the Noise Assessment 
 Concerns regarding fumes emitted from the site 
 Concerns regarding the potential impact upon water pollution 
 Concerns about a lack of details or impact assessment of the project 
 Concerns in general regarding the planning process, consultation and
engagement with local residents and elected members 
 Note that this section of Westburn Road is part of cycling route N75 and sees
cars travelling at high speeds, with crashes into fields not uncommon 
 Note that the site is used by an assortment of wildlife throughout the year 
 View that there are alterative locations that would have far less of an impact 
 Concern that house prices will be impacted by the development 
 View that such proposals should be subject to Hazardous Substances Consent 
7.2 The representations are available for inspection on the planning portal.  
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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 (2023) 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places, and
productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises 
 Policy 2 - Climate mitigation and adaptation 
 Policy 3 - Biodiversity
 Policy 8 - Green belts
 Policy 11 - Energy
 Policy 14 - Design, quality and place 
 Policy 18 - Infrastructure first 
8.3  South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council will also assess
proposals against the policies contained within the adopted South Lanarkshire Local
Development Plan (SLLDP2).  In this regard the application site and associated
proposals are affected by the following policies:- 
SLLDP2 Volume 1 Policies 
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking 
 Policy 18 - Renewable Energy 
SLLDP2 Volume 2 Policies 
 Policy GBRA1 - Rural Design and Development
 Policy GBRA2 – Business Proposals within the Green Belt and Rural Area 
 Policy DM1 - New Development Design
 Policy SDCC3 - Sustainable Drainage Systems
 Policy RE1 - Renewable Energy 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 Renewable Energy (January 2021) 
9. Guidance
9.1 The following documents set out the Scottish Governments views, policies and
priorities in relation to energy, sustainability, climate change and related topics, and
are relevant to the assessment of this application:- 
 Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure
Zero Carbon Energy System for Scotland, Scottish Government (2023)
 Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on
a Path to Net Zero, Scottish Government (2020) 
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10. Assessment and Discussion
10.1 Introduction
The application seeks detailed planning permission for a 40MW Battery Energy
Storage System on land at Westburn Road near Cambuslang.  The proposals are
largely identical to that which were the subject of the earlier application that was
refused by the Council in November 2024.  The consideration of this current
application involves a review of whether the circumstances have changed since the
earlier decision including whether the policy position remains unchanged and whether
the proposals have been amended to address the reasons for refusal.  In that respect
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 Development Plan comprising National
Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2
remains the same as before. 
10.2 Principle of Development
In terms of the principle of the development the site is located within the designated
Green Belt, where NPF4 Policy 8 - Green Belts applies.  This policy sets out the types
of development that would be supported in the green belt which include:- 
 development associated with agriculture, woodlands, and forestry
 accommodation for an essential worker
 horticulture
 outdoor recreation, play and sport, leisure and tourism uses
 flood risk management proposals
 essential infrastructure or new cemetery provision
 mineral operations and renewable energy
 intensification of established uses, including extensions to an existing building
where that is ancillary to the main use
 the reuse, rehabilitation and conversion of historic environment assets
 one-for-one replacements of existing permanent homes 
10.3 The policy also requires that developments should meet the following requirements:- 
 reasons are provided as to why a green belt location is essential and why it
cannot be located on an alternative site outwith the green belt; 
 the purpose of the green belt at that location is not undermined; 
 the proposal is compatible with the surrounding established countryside and
landscape character; 
 the proposal has been designed to ensure it is of an appropriate scale, massing
and external appearance, and uses materials that minimise visual impact on the
green belt as far as possible; and
 there will be no significant long-term impacts on the environmental quality of the
green belt. 
10.4 SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the green belt
is to direct development to the most appropriate locations and support regeneration,
protect and enhance the character, landscape setting and identity of the settlement,
and protect and provide access to open space.  Policy GBRA2 sets out uses that are
considered appropriate in the green belt and they include renewable energy proposals
that accord with Policy 18.  
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10.5 With regards to planning policy on energy, NPF4 Policy 11 supports development
proposals for all forms of renewable, low-carbon and zero emissions technologies
including wind farms, enabling works and energy storage.  Proposals will only be
supported where they maximise net economic impact, including local and community
socio-economic benefits such as employment.  Project design and mitigation should
address matters including the impact upon amenity, the environment, biodiversity,
road networks and similar matters.   
10.6 SLLDP2 Policies 18 and RE1 generally support renewable energy infrastructure
developments, requiring proposals to take account of relevant guidance.  The
Council’s Renewable Energy Supporting Planning Guidance (2021) recognises that
BESS systems can be co-located alongside wind or solar farms in the countryside, or
in urban areas close to grid supply points.  Proposals will be assessed on their merits
against the relevant policies of the development plan and any relevant criteria in the
renewable energy assessment checklist. 
10.7 As described above, an earlier planning application for a BESS at this site was refused
by the Council in November 2024 on the grounds that no appropriate justification had
been provided for the siting of this proposal within the green belt and that its
development would represent an unjustified encroachment into the green belt.  In
addition, it concluded the proposal would also have a significant adverse impact upon
the character and amenity of the area as a result of its setting, visual prominence,
scale, design and lack of screening.  Inadequate drainage information and pipeline
safety details had been provided, and there would be an adverse impact upon the local
environment and biodiversity due to the removal of a large area of hedgerow.  There
were also concerns regarding road safety with respect to the new vehicular access. 
10.8 This decision was not the subject of an appeal to Scottish Ministers.  However, similar
decisions by the Council for BESS development at other green belt locations have
been the subject of appeals in the meantime.  In both cases the Reporter concluded
that renewable energy development including battery storage falls within the definition
of essential infrastructure which is one of the uses that should be supported in Policy
8 in NPF4.  The general principle of this proposal is therefore acceptable. 
10.9 Nevertheless this policy support is qualified by the requirements set out in paragraph
10.3 above that proposals in the green belt must achieve.  In this case, no specific
locational justification has been provided for this site.  It is recognised that proximity to
an appropriate grid connection point would be essential for a battery energy storage
facility.  The site is around 1.7km from the nearest grid connection point at Clydesmill
substation. 
10.10 The applicant has advised that engagement with 21 landowners within a 3km radius
of that facility has taken place the outcome of which, together with other potential
constraints, restricts their option to the application site only.  No detail of the reasons
for discounting other sites has been provided and therefore it has not been shown that
there are other potential sites within proximity to this grid connection point that have
been assessed.  It is not considered that identifying a site in a sensitive green belt
location on the basis of agreement with a landowner is alone justification for supporting
this proposal. 
10.11 In addition the site is an undeveloped section of agricultural land, and the development
of this proposal would lead to encroachment into the green belt beyond the existing
clear boundary formed by the railway line.  It forms part of a wider area of green belt
that helps separate the Newton Community Growth Area to the north of the railway
line from the built-up area to the south and west.  While the site is in close proximity
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to the railway and overhead lines, it has an open aspect within a wider agricultural
field.  The buildings and equipment associated with the proposal would be seen from
the wider area, including NCR75 that runs alongside the site.  Overall, it is concluded
that the application site has not been chosen through good design and that the
proposed mitigation including boundary treatment and materials would not address
the adverse visual impacts. 
10.12 It is recognised and accepted that energy storage is an important part of the energy
network, and that the Scottish Government’s Draft Energy Strategy and Just Transition
Plan support a ‘range of technologies which provide sufficient generation and
interconnection to meet energy demand’, including battery storage.  NPF4 Policy 11
provides support for all forms of renewable, low-carbon and zero emissions
technologies including energy storage.  However, proposals will only be supported
where they maximise net economic impact, including local and community socio-
economic benefits such as employment while project design should address matters
such as impact upon amenity, the environment, biodiversity, road networks and similar
matters.   
10.13 Whilst it is accepted that the proposed development constitutes essential infrastructure
which could potentially be sited within the green belt, the support that such forms of
development enjoy from the terms of the development plan is not without limit and in
this specific case it has not been demonstrated to the satisfaction of the Council that
a green belt location is necessary nor that this location is acceptable in terms of
development plan policy.  In addition, the proposal would not co-exist alongside
existing renewable energy generation. 
10.14 The contents of the Community Wealth Building Plan submitted with the application
are noted, and it is welcomed that the applicants would be willing to enter into a
community benefit program, but the operation of this BESS facility would not be likely
to provide any significant number of jobs, given its proposed operational model and
location on the edge of the green belt.  The possibility of community benefit alone
would not influence the assessment of the principle of developing this green belt site
for this proposal. 
10.15 In view of the above, it is considered that the principle of the development cannot be
justified at this green belt location. 
10.16 Climate Change
Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and
facilitate development that addresses the global climate emergency and nature crisis,
and which minimises emissions and adapts to the current and future impacts of climate
change.  NPF4 Policy 3 states that development proposals will contribute to the
enhancement of biodiversity, and proposals for national or major development will only
be supported where it can be demonstrated that the proposal will conserve, restore
and enhance biodiversity. 
10.17 The operation of a BESS facility would provide the electricity grid with additional
storage capacity, flexibility and resilience and it is recognised that this would generally
support the electricity network to rely on further renewable sources of electricity, which
are generally more volatile in output than legacy means of energy generation. 
However, it is considered that the use of a site within the designated green belt for this
development has not been sufficiently justified and, as such, the proposal would
represent the unjustified development of a green field site.  Overall, on balance, it is
considered that the proposal would have an adverse impact upon the local
environment.  
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10.18 Layout, Siting and Design 
In terms of the design of the proposal, the relevant policy of NPF4 to be considered is
Policy 14 – Design, quality and place.  This policy requires development proposals to
be designed to improve the quality of an area and supports proposals where they are
consistent with the six qualities of successful places; healthy, pleasant, connected,
distinctive, sustainable, and adaptable.  SLLDP2 Policies 5 - Development
Management and Placemaking, GBRA1 – Rural Design and Development and DM1
– New Development Design state that development proposals should take account of
and be integrated within the local context and built form.  Proposals should be of a
high quality, of either traditional or contemporary innovative design and shall make
use of appropriate materials which respect and reinforce local character and identity. 
New development should also have no significant adverse impacts on the local
community. 
10.19 It is considered that the proposal would have a significant adverse impact upon the
character of the area and upon visual amenity.  In this respect, the site is visually
prominent, being located adjacent to a railway line, a relatively busy rural road and
national cycle route.  The proposed development, visually, would comprise of the siting
of 18 containers, similar in design to shipping containers, together with a number of
associated structures and equipment.  The containers would be painted to try to
reduce their visual impact, but all of the structures would all be clearly visible from the
road with only a limited hedgerow and a new boundary fence to limit their visual impact. 
Although it could be argued that the presence of overhead power lines limits the visual
impact, the presence of pylons and overhead cables is commonplace even in the
countryside, and this would not change the visual impact of the proposed development
simply by their presence. 
10.20 In summary, the proposal would not suitably integrate with the existing area, and the
proposed containers, structures and associated equipment would not respect the
character or setting of the environment in which they are proposed to be located.  The
site could not be fully screened to adequately mitigate these concerns and
consequently it is considered that the proposal would not comply with the development
plan with respect to its design, siting or layout.   
10.21 Other Issues 
With regards to concerns regarding safety, which were raised through representations
to the application, it is recognised that there are safety issues which need to be
considered in the assessment of battery energy storage applications.  The applicant
has provided an outline safety management plan covering these matters, and whilst
there is no plan to base a member of staff on site permanently, the site would be
monitored by sensors and by CCTV. 
10.22 In addition, with regards to safety, the objection from SGN regarding the potential
impact of the development on the nearby gas pipelines is noted.  It is noted SGN would
be satisfied if a planning condition was to be included on any approval requiring the
developer to undertake relevant studies, design modifications and consultations with
SGN as required and, if required, to engineer out the potential risk of inducing currents
and voltage onto the pipelines and associated infrastructure.   
10.23 Conclusion
Following a detailed assessment of this proposal, it is considered that whilst national
planning policy recognises the need to support the energy network through the
development of Battery Energy Storage Systems, such proposals should be located
to take advantage of existing energy infrastructure and potential connections.  In this 
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instance, no appropriate justification has been provided for the siting of this proposal
within the green belt and that its development would represent an unjustified
encroachment into the green belt.   
10.24 The proposal would also have a significant adverse impact upon the character and
amenity of the area because of its setting, visual prominence, scale, design and lack
of screening.  There has been no change in the planning policy position of this form of
development since the earlier application was refused.  It is therefore considered that
the proposal fails to comply with the relevant policies of the development plan, and it
is recommended that planning consent is refused. 
11. Recommendation and Reasons
11.1 The Committee is asked to agree the following recommendation:- 
Refuse for the following reasons:- 
01. The proposal would be contrary to Policy 8 - Green Belts of National Planning
Framework 4 (2023) as insufficient justification has been provided for its
location within this part of the green belt and it therefore fails to encourage,
promote and facilitate compact urban growth and use the land around our towns
and cities sustainably.   
02. The proposal would be contrary to Policy 4 – Green Belt and Rural Area of the
South Lanarkshire Local Development Plan 2 (2021) as insufficient justification
has been provided for its location within this part of the green belt.   
03. The proposal would be contrary to Policy 11 - Energy of National Planning
Framework 4 (2023) as, whilst the principle of this form of development is
generally supported, the specific location and design of this proposal fails to
mitigate the significant adverse impact it would have upon the green belt, the
visual amenity and character of the area and biodiversity, and the proposal does
not maximise socio-economic benefits due to its limited scale, lack of
employment opportunities and direct economic benefit to the community. 
04. The proposal would be contrary to Policy 18 – Renewable Energy and Policy
RE1 – Renewable Energy of the South Lanarkshire Local Development Plan 2
(2021) as, whilst the principle of this form of development is generally
supported, the specific proposal does not accord with the other relevant policies
in the development plan, specifically in relation to its green belt location and
impact upon the visual amenity and character of the surrounding area. 
05.  The proposal would be contrary to Policy 1 – Tackling the climate and nature
crises and Policy 2 – Climate mitigation and adaptation of National Planning
Framework 4 (2023) as, whilst this form of development can support the
electricity grid to support more sustainable energy generation, this specific
proposal does not justify its location within the green belt. 
06.  The proposal would be contrary to Policy 2 – Climate Change of the South
Lanarkshire Local Development Plan 2 (2021) as, whilst this form of
development can support the electricity grid to support more sustainable energy
generation, this specific proposal is not sustainably located as it does not justify
its position in the green belt and it would have an adverse impact upon local
biodiversity due to habitat loss.  
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07. The proposal would be contrary to Policy GBRA1 – Rural Design and
Development and Policy DM1 – New Development Design of the South
Lanarkshire Local Development Plan 2 (2021) as the proposed development
would have a significant adverse impact upon the character and amenity of the
area due to the size, scale and design of the proposal. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 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=SYH63BOPGTV00 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:- 
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/0799
Proposal:  Construction of Battery Energy Storage System (BESS) with
generating capacity of up to 500MW and associated infrastructure
(Consultation from Scottish Ministers under Section 36 of the Electricity
Act 1989) 
Site Address:  Land lying to the north of Muttonhole Road, Hamilton, ML3 8RJ
Applicant:  Advanced Grid Solutions Limited
Agent:  Cogeo Planning and Environmental Services Ltd
Ward:  18 – Hamilton West and Earnock
Application Type:  Section 36 Consultation
Advert Date:  Not applicable
Development Plan
Compliance:
Yes 
Departures:  N/A
Recommendation:  1. That the Scottish Government Energy Consents Unit is informed that
South Lanarkshire Council has no objection to the granting of consent
under Section 36 of the Electricity Act 1989; and 
2. That the Head of Planning and Regulatory Services be authorised to
undertake any discussions with the Scottish Government Energy
Consents Unit including in relation to conditions to be attached to the
consent if required. 
Legal Agreement:  None 
Direction to
Scottish Ministers 
N/A  
6
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1. Reason for Report
1.1. This report relates to a consultation on an application that has been made to the
Scottish Government under Section 36 of the Electricity Act 1989 and which in the
opinion of the Head of Planning and Regulatory Services raises issues that have policy
implications that are worthy of consideration by the Planning Committee. 
2. Site Description
2.1. The application site lies to the north side of Muttonhole Road, which runs in a roughly
west/east direction, which in turn lies to the south side of Hamilton.  The nearest
residential area lies around 1km to the north on the southern edge of Hamilton. 
2.2. The site comprises an area of vacant grassland which is generally flat, sloping gently
towards its north boundary which lies close to the line of the Earnock Burn.  The
southern boundary of the site is defined by the line of Muttonhole Road, with an
existing hedgerow running along this boundary.  There is also existing planting along
the northern and eastern boundaries. 
2.3. A large existing overhead power line lies to the immediate south of the site, beyond
which also lie a number of existing wind turbines.  The existing Strathaven Electricity
Substation lies approximately 1km to the east of the site. 
3. Description of Proposed Development
3.1. An application has been made to the Energy Consents Unit within the Scottish
Government under section 36 of the Electricity Act 1989.  The application will be
determined by Scottish Ministers and the Council is a statutory consultee in this
process. 
3.2. The proposed development comprises a Battery Energy Storage System (BESS) and
ancillary infrastructure with a generating capacity of 500MW.  The development would
store and release energy to the local distribution network when required by the
National Grid at times of peak demand.  It comprises the following main elements:- 
 226 x BESS units and 113 x power conversion systems (PCS) measuring 2.4m
by 2.9m with a height of 6m
 2 x auxiliary transformers and 2 x firewalls
 1 x substation building
 2.4m high security fencing
 construction compound and car park
 internal access tracks
 CCTV and lighting columns
 drainage infrastructure
 landscape planting and biodiversity enhancements
 grid connection to Strathaven substation 
3.3. Access to the site would involve enhancing the existing field junction off Muttonhole
Road and this would be used for construction and throughout the operational lifetime
of the development.  At the site entrance, a new access road will be formed and
internal tracks will provide access to the battery units and associated infrastructure
during operation.  A secondary emergency access from Muttonhole Road will provide
an additional entrance to the BESS compound (for fire safety purposes) along the
southern side. 
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3.4. The construction phase onsite is estimated to run for approximately 18-26 months and
the development once complete would have an operational span of 40 years.  Once
commissioned, the site will be monitored remotely to ensure the safe and efficient
operation of the equipment.  It will only be necessary for a maintenance engineer to
visit the site on an occasional basis.  After the 40-year operational period site
decommissioning will be carried out with the site restored within 6 months. 
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:- 
 Planning Statement and associated appendices
 Planting Plan
 Landscape and Visual Impact
 Ecological Appraisal
 Noise Assessment
 Pre-Application Consultation Report 
6. Consultations
6.1. The Council is a consultee in the Section 36 application process.  The views of other
services have been sought and they are summarised below. 
6.2. West of Scotland Archaeology Service (WoSAS) – No objection subject to
conditions.
Response: Noted.  The suggested wording for these conditions can be seen in section
11 of the report. 
6.3. Roads Development Management Team – No objection subject to conditions in
relation to sightlines, the submission of a Construction Phase Traffic Management
Plan and Roads Dilapidation Survey and the Bridge Assessment along the delivery
route.  A section 96 agreement will also be required to ensure any damage to the road
network is addressed by the developer.
Response Noted.  The suggested wording for these conditions can be seen in section
11 of the report. 
6.4. Environmental Services – No response.
Response: Noted.  Standard conditions addressing noise issues have been added to
section 11 of the report. 
6.5. None of the parties who have been consulted directly by the ECU have offered any
objection to the proposed development. 
7. Representations
7.1. The Energy Consents Unit (ECU) is responsible for carrying out statutory neighbour
notification and publicity on the application.  Any representations are sent directly to
the ECU for consideration in its assessment of the Section 36 application.  The Energy
Consents Unit website indicates one representation has been submitted in respect of
the proposed development.  
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8. Development Plan
8.1. The application has been submitted to the Scottish Government under Section 36 of
the Electricity Act 1989.  A planning application is required to be determined in
accordance with the Development Plan, unless material considerations indicate
otherwise.  However, for Section 36 applications the Development Plan has the status
of a material consideration which is required to be taken into account by the Scottish
Ministers in the determination of the application. 
8.2. The Council has been consulted in its role as the Planning Authority for the area in
which the application site is located and therefore the Council’s response to the
consultation request is required to be informed by an assessment against the
provisions of the Development Plan.  Other material considerations pertinent to the
application may also be considered.  The Development Plan comprises the South
Lanarkshire Local Development Plan 2 adopted in April 2021 and National Planning
Framework 4 adopted by the Scottish Government in February 2023. 
8.3. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places and
productive places.  
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 4 - Natural places
 Policy 7 - Historic assets and places
 Policy 8 – Green belts
 Policy 11 - Energy
 Policy 22 - Flood risk and water management
 Policy 29 - Rural development  
8.4. South Lanarkshire Local Development Plan 2 (2021)
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):-  
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 14 - Natural and Historic Environment
 Policy 15 - Travel and Transport
 Policy 16 - Water Environment and Flooding
 Policy 18 - Renewable Energy 
9. Guidance
9.1. South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable   
Energy (January 2021)  
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10. Assessment and Discussion
10.1. This application has been submitted to the Scottish Government under Section 36 of
the Electricity Act 1989 as it is development with a generating capacity of over 50MW. 
In this instance, South Lanarkshire Council is a consultee to the application process
and is not the Consenting Authority. 
10.2. Climate Change
In terms of the adopted National Planning Framework 4, Policies 1 and 2 seek to
encourage, promote, and facilitate development that addresses the global climate
emergency and nature crisis, and which minimises emissions and adapts to the
current and future impacts of climate change.  Policy 2 ‘Climate Change’ of the
SLLDP2 states that proposals for new development must, where possible, seek to
minimise and mitigate against the effects of climate change.  The proposals are for a
form of renewable energy development and, therefore, intrinsically support minimising
the effects of climate change through greener energy generation.  It is, therefore,
considered that the principle of the development accords with Policies 1 and 2 of NPF4
and SLLDP2 Policy 2. 
10.3. Principle of Development
In terms of the principle of the development the site is located within the designated
green belt.  Policy 8 - Green Belts in NPF4 sets out the types of development that
would be supported in the green belt and this includes essential infrastructure.  In turn
this 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.  The general principle of this
proposal is therefore acceptable when assessed against green belt policy. 
10.4. The policy also requires that developments should meet the following requirements:- 
 reasons are provided as to why a green belt location is essential and why it
cannot be located on an alternative site out with the green belt; 
 the purpose of the green belt at that location is not undermined; 
 the proposal is compatible with the surrounding established countryside and
landscape character; 
 the proposal has been designed to ensure it is of an appropriate scale, massing
and external appearance, and uses materials that minimise visual impact on the
green belt as far as possible; and,
 there will be no significant long-term impacts on the environmental quality of the
green belt. 
10.5. SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the green belt
is to direct development to the most appropriate locations and support regeneration,
protect and enhance the character, landscape setting and identity of the settlement,
and protect and provide access to open space.  Policy GBRA2 sets out uses that are
considered appropriate in the green belt and they include renewable energy proposals
where they accord with Policy 18. 
10.6. Policy 11 – Energy of NPF4 states that development proposals for all forms of
renewable, low-carbon and zero emissions technologies will be supported.  This
includes energy generation through wind farm development, solar arrays and energy
storage (such as battery storage).  Detailed criteria that should be considered when
designing projects are set out.  When considering these impacts, significant weight will
be placed on the contribution of the proposal to renewable energy generation targets
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and on greenhouse gas emissions reduction targets.  In terms of the matters that are
within the remit of the Council as a consultee on the application, these include:- 
 impacts on communities and individual dwellings, including residential amenity,
visual impact and noise 
 significant landscape and visual impacts 
 public access, including impact on long distance walking and cycling routes and
scenic routes 
 impacts on road traffic and on adjacent trunk roads, including during construction 
 cumulative impact 
10.7. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18:
Renewable Energy states that applications for renewable energy infrastructure
developments will be supported subject to an assessment against the relevant criteria
and requirements set out in the Assessment Checklist for Renewable Energy
Proposals found in Policy RE1 Renewable Energy.  Renewable energy proposals
should also take into account the considerations, criteria and guidance contained
within the Supporting Planning Guidance (SPG) on Renewable Energy.  These are
broadly similar to the criteria in NPF4 Policy 11.  The SPG recognises that BESS
systems can be co-located alongside wind or solar farms in the countryside, or in urban
areas close to grid supply points.  Proposals will be assessed on their merits against
the relevant policies of the development plan and any relevant criteria in the renewable
energy assessment checklist. 
10.8. In view of the above it is considered that the proposals would contribute to the wider
energy network and reflect the vision of the Scottish Governments Draft Energy
Strategy and Just Transition Plan which supports a range of technologies which
provide sufficient generation and interconnection to meet energy demand, including
solar farms and battery storage.  The development plan also provides support for all
form of renewable energy infrastructure. 
10.9. Nevertheless, this general policy support is qualified by the detailed criteria set out
above and therefore each proposal must be considered on its merits to ensure the
location and design of the development is acceptable.  An assessment against the
relevant criteria is set out as follows. 
10.10. Locational Need
As noted above, the proposal represents essential infrastructure which is an
appropriate use in a green belt location.  The applicants have advised that a detailed
site selection process was undertaken for this proposal, from initial conception through
to final design seeking planning permission.  A key was gaining access to the local
electricity grid.  In that respect the proximity to the nearby Strathaven substation with
capacity to support the BESS was a key consideration.  In addition, the site’s location
in relation to local and environmental designations, as well as physical constraints,
were assessed in the selection process.  The site has a suitable distance of 450m from
the nearest residential receptor for noise purposes.  It is also of an appropriate size to
accommodate drainage infrastructure, landscape screening and biodiversity
enhancements.  The host landscape has no designation and there are no designated
heritage assets within or surrounding the site.  It is considered this shows the
identification of the site is logical culmination of the site selection process.  
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10.11. Impacts on Visual Amenity and Residential Amenity 
The proposal would not be visible from the nearest built-up area in Hamilton to the
north due to the intervening topography and existing landscaping.  There are a small
number of properties in the local vicinity but none of these have direct views into the
site.  Muttonhole Road is a relatively heavily trafficked road and therefore the proposal
would be viewed by passing motorists.  However, the impact would be very limited in
time while the character of the area is already marked by other energy infrastructure. 
There are no cycle routes or core paths in the area that would be impacted. 
10.12. Landscape Character and Impact on the Natural Environment
The impacts of the proposed development on the natural environment and landscape
character of the area have been assessed in full through the Landscape and Visual
Impact Assessment (LVIA) submitted in support of the proposed development.  It has
been carried out in the context of the character of the surrounding area which includes
other renewable energy infrastructure and overhead lines. 
10.13. The LVIA identifies that the site is located wholly within the Plateau Farmlands
Landscape Character Type (LCT).  Whilst rural in character, the Plateau Farmlands
LCT, demonstrates human influence in the form of existing renewable developments
and utility infrastructure.  Sensitivity to the proposal within this LCT is generally
considered low and the proposed BESS would represent a relatively small-scale
development within the wider LCT.  The LCT is already influenced by utility
infrastructure and renewable energy and it is considered that the proposed BESS
reflects this established pattern of development. 
10.14. In terms of character, the proposal represents a minor further degradation of the
agricultural profile through the physical alteration of land and loss of some natural
features.  The physical reprofiling of the site will be a permanent alteration, although
not unique to the historic land use of the area.  The mix of rural and urban uses will be
increased with the addition of the proposed BESS but overall, it is not considered that
this would significantly degrade the character of the LCT.  Whilst the long-term impacts
of the change of character are partially reversible, the reprofiling of the site will result
in a permanent alteration.  Despite this, the nature of the effect is considered to be low
with a minor significance of effect due to the low sensitivity of the LCT. 
10.15. In considering the landscape impact of the proposed development, consideration also
requires to be given to the South Lanarkshire Landscape Character Assessment
(LCA) 2010.  The LCA shows the site as falling wholly within the Urban Fringe
Landscape.  This LCA is linked to the LCT Plateau Farmland, however the Urban
Fringe Farmland is more heavily characterised by its position on the urban fringe.  The
existing urban influence on this LCT means it is sensitive to some forms of
development, particularly those that would involve the loss of viable green space
between communities.  The presence of the existing Strathaven substation is noted
within the LCA as a feature characterising the area and highlights the other elements
of existing electrical infrastructure which are present. 
10.16. In considering these various issues, while it is accepted that the proposed
development lies within an area of green belt and urban fringe, it is in an LCA which
is potentially sensitive to development.  The immediate landscape consists of
numerous electrical infrastructure features such as the Strathaven substation,
windfarms, pylons and overhead power lines.  The extent of this exiting infrastructure
within this LCA is an important issue in determining the suitability of the site, with the
Strathaven substation being a dominant visual feature in the area.  
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10.17. Whilst the proposed development will increase the extent of the built form within the
area, this is not considered to be a significant issue given the relatively small-scale
nature of the proposed development which will not adversely impact upon the existing
pattern of development in the wider area or the setting of Hamilton.  The proposed
development is relatively well screened by existing mature vegetation and whilst
visible, it would not demonstrably alter the existing views into and across the area and
it is not therefore considered that the development would present itself as a visually
dominant feature in the surrounding landscape. 
10.18. The proposals also include a Planting Plan which would involve the introduction of
mixed native hedgerow to the southern and northeastern perimeter of the site, and the
proposed planting of 70 native trees and 16 conifers.  A combination of Maple, Alder,
Silver Birch, Oak and Whitebeam have been proposed to ensure there is sufficient
planting year-round to soften the view, and to be consistent with the local landscape. 
Existing vegetation to the northwest perimeter of the site will be retained. 
10.19. In conclusion, the landscape assessment which has been undertaken in support of the
application has identified that there would be limited non-significant landscape and
visual effects within a localised area surrounding the proposed development site. 
Furthermore, the proposed development will be viewed alongside large-scale energy
infrastructure features already in the wider landscape and has been assessed against
the degraded baseline.  As such, it is not considered that the proposed development
will give rise to any significant or adverse landscape or visual impacts.  Any impacts
would be mitigated to a large extent by the new planting once it is established. 
10.20. Road Safety 
Roads, Transportation and Fleet Services had objected to the revised scheme based
on lack of information to address several technical issues.  Further information has
now been provided to address some of these matters.  It is considered that the
outstanding matters can be addressed by suspensive condition if consent is granted
by the ECU.  These include the requirement for a bridge impact assessment.  Their
suggested wording can be seen in section 11 of the report. 
10.21. Design 
The applicants have demonstrated that the proposals have been designed to address
the landscape character of the area.  The design incorporates the use of sustainable
drainage systems, additional planting and landscaping and suitable parking
commensurate with a development of this nature.  Security has been addressed as
part of the design process and the final design will incorporate such elements as
security fencing, security lighting, CCTV, intruder detection and physical security.  The
containers will have an industrial style appearance, however, this would not be out of
keeping with the man-made intervention in the area.  It is considered that the proposed
development represents a sustainable development which has been appropriately
informed by all relevant technical and environmental constraints, and which also
considers all criteria for sustainable design, where relevant to the nature of the
proposed development. 
10.22. Conclusion 
In conclusion, the proposal supports renewable energy development and therefore
acts as a logical extension to the existing energy infrastructure located near to the site
without introducing an adverse cumulative impact.  The site is in close proximity to the
point of connection and other electrical infrastructure.  The associated landscape and
visual impacts from the proposed development would be insignificant.  It is considered
that the proposed development complies with the relevant policies of both the adopted
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National Planning Framework 4 and the adopted South Lanarkshire Local
Development Plan 2.  In particular, it is considered that it would not undermine the
principles of the green belt in this location.  It is recommended that the Scottish
Government be notified that the Council has no objections to the application, subject
to the conditions set out below and the conclusion of a legal agreement. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
01. That the Scottish Government Energy Consents Unit is informed that South 
Lanarkshire Council has no objection to the granting of consent under Section
36 of the Electricity Act 1989; and 
02.  That the Head of Planning and Regulatory Services be authorised to undertake 
any discussions with the Scottish Government Energy Consents Unit including
in relation to conditions to be attached to the consent if required. 
Conditions 
01. The development must be begun not later than the expiration of five years
beginning with the date of this consent. 
Reason: To comply with section 58 of the Town and Country Planning
(Scotland) Act 1997. 
02. Written confirmation of the intended date of Commencement of Development
shall be provided to the Planning Authority no later than one calendar month
before that date. 
Reason: To allow the Planning Authority to monitor compliance with conditions
and obligations attached to this planning permission as appropriate. 
03. Except as otherwise required by the terms of this planning permission, the
development shall be undertaken in accordance with the application, the
planning drawings and all relevant documentation lodged by the applicant or
their appointed agents in support of the application.  For avoidance of doubt
this includes any recommended or proposed measure to avoid, minimise or
offset any identified potential impact of the development which is committed to
or recommended in the application and its constituent assessments. 
Reason: To ensure that the development is carried out in accordance with the
approved details. 
04. The applicant shall supply to the Planning Authority an annual written report
confirming that the battery energy storage facility is importing and exporting
electricity to the grid.  If the battery storage facility fails to import or export
electricity to the grid for a continuous period of 12 months, then unless
otherwise agreed in writing with the Planning Authority, the applicant shall no
later than one year after the last day of this 12-month period submit the site
Decommissioning, Restoration and Aftercare Plan to the Planning Authority for
approval and subsequent implementation.  
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Reason: To ensure that, if the development or part thereof becomes redundant,
the equipment is removed from the site in the interests of safety, amenity and
environmental protection. 
05. The development will disconnect from the grid and cease to import or export
electricity no later than the date falling 40 years from the date of Final
Commissioning.  The total period for decommissioning and restoration of the
site in accordance with this condition shall not exceed 24 months after the date
of cessation of electricity generation by the development without prior written
approval of the Planning Authority. 
Reason: To ensure the decommissioning and removal of the development in
an appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection. 
06. No development shall commence until a Decommissioning, Restoration and
Aftercare Strategy has been submitted to and approved in writing by the
Planning Authority.  The strategy shall include measures for the
decommissioning of the development, restoration and aftercare of the site and
will include, without limitation, proposals for:- 
a) The removal of the above ground elements of the development;
b) The treatment of ground surfaces (including access tracks and hard
standing areas and any sub surface elements including cabling to restore
the site to its former condition, or other such condition as agreed;
c) The phasing and timing of works, including any environmental management
provisions; and 
d) Details relating to how the strategy will be reviewed. 
Reason: To ensure the decommissioning and removal of the development in
an appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection. 
07. No later than one year prior to decommissioning of the development or the
expiration of the consent (whichever is the earlier) a detailed Decommissioning,
Restoration and Aftercare Plan, based upon the principles of the approved
Decommissioning Strategy, shall be submitted to the Planning Authority for
written approval. 
Reason: To ensure the decommissioning and removal of the development in
an appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection. 
08. The detailed Decommissioning, Restoration and Aftercare Plan shall include
(but not be limited to) provisions in respect of the following matters:- 
(a) a site waste management plan (dealing with all aspects of waste produced
during the decommissioning, restoration, and aftercare phases); 
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(b) details of the formation of new features required to facilitate the
decommissioning and restoration including but not limited to the
construction compound, welfare facilities, any areas of hardstanding,
turning areas, internal access tracks, car parking, material stockpiles, oil
storage, lighting columns, and any construction compound boundary
fencing;
(c) a dust management plan;
(d) details of measures to be taken to prevent loose or deleterious material
being deposited on the road network including wheel cleaning and lorry
sheeting facilities and measures to clean the site entrances and the
adjacent local road network;
(e) a pollution prevention and control method statement, including
arrangements for the storage and management of oil and fuel on the site;
(f) soil storage and management;
(g) a surface water and groundwater management and treatment plan,
including details of the separation of clean and dirty water drains, and
location of settlement lagoons for silt laden water;
(h) sewage disposal and treatment;
(i) temporary site illumination; and,
(j) the construction of any temporary access into the site and the creation and
maintenance of associated visibility splays. 
Reason: To ensure the decommissioning and removal of the development in
an appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection. 
09. The development shall be decommissioned, the site restored, and aftercare
thereafter undertaken in accordance with the approved plan unless otherwise
agreed in writing by the Planning Authority in advance. 
Reason: To ensure that decommissioning and removal of the development in
an appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection. 
10. The development shall not commence until a bond or other form of financial
guarantee in terms which secures the cost of performance of all
decommissioning, restoration and aftercare obligations has been entered into
between the applicant and the Planning Authority. 
The value of the financial guarantee shall be agreed between the applicant and
the Planning Authority or, failing agreement, determined (on application by
either party) by a suitably qualified independent professional as being sufficient
to meet the costs of all decommissioning, restoration and aftercare obligations. 
The financial guarantee shall be maintained in favour of the Planning Authority
until the completion of all decommissioning, restoration and aftercare
obligations. 
The value of the financial guarantee shall be increased (but not decreased) to
take account of any variation in costs of compliance with decommissioning,
restoration and aftercare obligations and best practice prevailing at the time of
each review. 
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Reason: To ensure that there are sufficient funds to secure performance of the
decommissioning, restoration and aftercare conditions attached to this deemed
planning permission in the event of default by the applicant. 
11.  The applicant should provide a Roads Dilapidation Survey of the construction
traffic route on the non-classified roads.  Each inspection shall be recorded in
a report to include photographs, plans and descriptions of road conditions and
this information shall be submitted to this Service for record purposes within 7
days of the survey being undertaken.  The applicant will 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. 
Reason: To ensure that any damage to the local road network arising from the
proposed development is repaired timeously and at no cost to the Council. 
12. The entrance to the development should be via an access constructed to a
standard which is to the satisfaction of the Council as Roads Authority, details
of which shall be submitted to the Planning Authority for their written approval
before any development commences on site.  The accesses to the site shall be
of a bound material for a length of 15m to prevent loose material being brought
onto the public road. 
Reason: To ensure that the proposed development is provided with a
satisfactory means of access. 
13.  Within four months prior to abnormal loads being moved on the public road
network, the applicant shall submit, for the approval of the Council, reports
covering Principal Inspections and Bridge assessments all undertaken in
accordance with the Design Manual for Roads and Bridges for all local authority
owned roads structures over which the abnormal loads may travel. 
Reason: To allow the Council to consider these matters in detail. 
14.  Prior to the commencement of any works the applicant shall provide a Stage 1
road safety audit, together with the Designer’s response, to support the
permanent use of the site onto Muttonhole Road. 
Reason: To allow the Council to consider these matters in detail. 
15.  A detailed Construction Phase Traffic Management Plan (CPTMP) shall be
submitted and approved, in writing by the Council, prior to work commencing.
The CPTMP will require the following details:- 
a. Routing for all HGVs, timber extraction and abnormal load deliveries using
the new A71 bellmouth access for windfarm and substation works unless
otherwise agreed in writing.
b. Measures to ensure that the specified routes are adhered to by all
operatives and suppliers, including monitoring procedures.
c. Details of all temporary construction direction signage.
d. Provisions for emergency vehicle access.
e. Wheel washing arrangements to prevent detritus being deposited on the
public road.  
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f. On-site car parking for construction vehicles as no parking permitted on
the public road.
g. Delivery and laydown space and turning area to ensure all vehicles enter
and exit site in a forward gear.
h. Stipulation that no construction traffic shall be permitted to use Ardochrig
Road.
i. Public relations strategy to inform relevant communities of the programme
of abnormal load movements.
j.  Identification of a nominated person to whom any road safety issues can
be referred.
k. The entering into a section 96 agreement under the Roads (Scotland) Act. 
Reason: To allow the Council to consider these matters in detail. 
16. The development shall not commence unless and until a detailed Construction
and Environmental Management Plan (CEMP) containing site specific details of
all on-site construction works, post-construction reinstatement, drainage and
mitigation, together with details of their timetabling, has been submitted to, and
approved in writing by, the Planning Authority. 
The CEMP shall contain a Pollution Prevention Plan (PPP) and details of:- 
a) site construction traffic routes and management;
b) working hours;
c) dust suppression measures;
d) noise control measures;
e) surface water run-off control measures
f) measures to protect the active raised bog habitat from any dust during
construction;
g) measures to minimise any site run-off; and
h) measures to protect and monitor the water quality. 
The CEMP and PPP shall be in line with SEPA standard guidance.  The
development shall be implemented in accordance with the approved CEMP and
PPP unless otherwise approved in advance in writing by the Planning Authority. 
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. 
17. Between the hours of 08:00 and 20:00 the measured noise rating level emitted
from the development (LAr,1hr) shall not exceed the background noise level
(LA90,15 min) by more than 4dB within the curtilage of any pre-existing
residential amenity area.  This shall be measured in accordance with British
Standard BS 4142:2014+A1:2019 - Method for Rating and Assessing Industrial
and Commercial Sound. 
Reason: To protect the amenity and environment of the surrounding area and
any potentially affected residential properties.  
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18. Between the hours of 20:00 and 08:00 the noise rating level emitted from the
development (LAr,15 min) shall not exceed the background noise level
(LA90,15min) by more than 4dB within the curtilage of any pre-existing residential
amenity area.  This shall be measured in accordance with BS
4142:2014+A1:2019 Method for Rating and Assessing Industrial and
Commercial Sound. 
Reason: To protect the amenity and environment of the surrounding area and
any potentially affected residential properties. 
19. The external noise levels resultant from the development as they affect any pre-
existing residential property shall comply with BS 8233:2014 Guidance on sound
insulation and noise reduction for buildings as follows:- 
a) An LAeq,16hr of 55dB during daytime (07:00 – 23:00) in any garden
amenity areas, when measured free-field. 
b) An LAeq,8hr of 45dB during night-time (23:00 – 07:00) in any garden
amenity areas, when measured free-field. 
Reason: To protect the amenity and environment of the surrounding area and
any potentially affected residential properties. 
20. Internal Noise Rating Values from the installed services, shall not exceed NR25
between 23.00hrs and 07.00hrs, and NR35 between 07.00hrs and 23.00hrs. 
Reason: To protect the amenity and environment of the surrounding area and
any potentially affected residential properties. 
21. Before development commences on site, full details of the proposed
landscaping/biodiversity enhancement scheme shall be submitted to the Council
for their written approval. 
Reason: To allow the Council to consider these matters in detail. 
22. 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. 
23. Visibility splays of 2.4m x 90m shall be provided at both entrances to the
proposed development.  Within these splays nothing over 1.05m in height (i.e.
hedgerows, fences, trees etc) is permitted. 
Reason: In the interests of road traffic safety. 
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24.  (1) Prior to the Commencement of Development, the developer shall undertake
a condition survey (photographic and video surveys) of the affected public routes
(except Trunk Routes), used for construction traffic associated with the proposed
development (including abnormal loads) jointly with representatives of the
Council and a written and photographic record (including video footage) of the
survey findings shall be submitted to the Council by the developer within 28 days
of the survey taking place. 
(2) Condition surveys shall be repeated at intervals agreed between the
developer and the Council for the duration of the construction period and upon
conclusion of the construction period, a record (including photographs and
videos) of the survey findings and recommendations for any remedial works shall
be submitted to the Planning Authority within 28 days of each survey having
occurred. 
(3) Should any condition survey find that the public road or any structures along
it have deteriorated because of the development construction traffic and require
remedial action, the developer shall agree the scope of works required with the
Council and shall thereafter undertake such remedial works within a timetable
agreed with the Council. 
Reason: To ensure that an accurate record of the public road is available and
to ensure that any damage to the road is recorded and rectified in an
appropriate timescale, in the interests of road safety. 
12. Reasons for Decision 
12.1. The proposed BESS is not considered to have any significant, adverse impact within
the surrounding area; and accords with National Policy and the relevant provisions of
the Development Plan, and therefore allows a consultation response of no objection
being made to the Scottish Government subject to the imposition of the attached,
recommended environmental and transportation conditions. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 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=SYVKTUOP08N00 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:   P/25/0918
Proposal:   Change of use of the rear yard to create an outdoor seating area,
including the siting of a mobile snack van for a temporary period of
five years (retrospective) 
Site Address:   136 Union Street
Larkhall
ML9 1EF 
Applicant:   Station Bistro Ltd/Town Bistro Larkhall
Agent:   N/A
Ward:   20 Larkhall
Application Type:   Full Planning Permission
Advert Date:   Hamilton Advertiser 15 January 2026
Development Plan
Compliance:  
Yes  
Departures:   No
Recommendation:   Grant planning permission subject to conditions
Legal Agreement:   N/A
Direction to
Scottish Ministers  
N/A   
7
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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. Planning permission is sought retrospectively for the change of use of a yard to create
an outdoor seating area, including the siting of a mobile snack van for a temporary
period of five years at the rear curtilage of 136 Union Street, Larkhall.  The application
site is located within the town centre. 
2.2. A small access lane is situated to the south, while to the west, the site adjoins the rear
gardens of nearby residential properties, separated by 2‑metre‑high timber fencing. 
The land itself is level, surfaced with red chip stones, and enclosed by a vertical‑slatted
timber fence of 2 metres in height around its perimeter. 
3 Description of Proposed Development
3.1. The proposal seeks a change of use of the land to the rear of 136 Union Street,
Larkhall to provide an outdoor seating area with a snack van.  The application is
retrospective, as the development has already been implemented, with four picnic
benches and a snack van, measuring approximately 3 metres in height, 2 metres in
width, and 6 metres in length, currently in place on the site. 
3.2. The proposal involves the operation of a snack van Tuesday to Sunday, 11:30am–9:00
pm.  The unit will be self‑contained, with water tanks and external power, and no mains
connections.  Waste will be securely stored and removed daily to a licensed facility,
while modern extraction with carbon filters will control odour and noise.  The trailer will
be located on private land with pedestrian and vehicle access. 
4 Relevant Planning History
4.1. The site has no relevant planning history.  
5 Supporting Information 
5.1. In support of the planning application, the applicant has submitted:- 
 Supporting Statement
 Site Photos  
6 Consultations
6.1. Roads, Transportation and Fleet Services – No objection to the proposal.
Response: Noted.    
6.2. Environmental Services – No objection to the proposal.
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 and 42
representations in support have been received.  The issues raised are summarised as
follows:-  
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Material Considerations
 Concerns regarding privacy.
 Concerns regarding available parking for local residents.
 Concerns regarding noise generated by this use.
 Not an appropriate site for a snack van. 
Other Issues Raised
 Concerns regarding litter and vermin. 
Support Comments
 Beneficial to be able to purchase food when attending the nearby healing centre. 
7.2. These letters have been copied and are available for inspection on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places, and
productive places. 
National Planning Framework 4 Policies 
 Policy 1 Tackling the climate and nature crises
 Policy 2 Climate mitigation and adaptation
 Policy 14 Design, quality and place
 Policy 15 Local Living and 20 minute neighbourhoods
 Policy 27 City, town, local and commercial centres  
8.3. South Lanarkshire Local Development Plan 2 (2021)
The application site and associated proposals are affected by the following policies
contained in the SLLDP2:-  
SLLDP2 Volume 1 Policies
 Policy 1 Spatial Strategy
 Policy 2 Climate Change
 Policy 5 Development Management and Placemaking
 Policy 9 Network of Centres and Retailing 
SLLDP2 Volume 2 Policies
 Policy DM13 Mobile Snack Vans 
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.  
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10.2. In terms of the principle of the development, the application site is located within
Larkhall Town Centre.  Policy 9 of the SLLDP2 – Network of Centres and Retailing
supports proposals which are compatible with the role of the town centre as a
commercial and community focal point.   
10.3. Policy DM13 of the adopted South Lanarkshire Local Development Plan 2 provides
specific guidance for the siting of snack vans and advises that this form of development
may be acceptable in areas remote from nearby established retail centres or where
local shops exist nearby. 
10.4. Policy 27 of NPF4 states development proposals that enhance and improve the vitality
and viability of city, town and local centres, including proposals that increase the mix
of uses, will be supported.  The proposed alterations will not undermine the policy
objectives of Policy 27 of NPF4 and Policy 9 of the SLLDP2. 
10.5. As set out above, the proposed change of use of the land and siting of a snack van
complies with the aims of Policy 9 and DM13 of the SLLDP2 and Policy 27 of NPF4. 
The principal of this form of development within the town centre is considered to be
acceptable. 
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.  Due to the nature of this proposal, it is not considered to raise any
issues with regards to either of these policies. 
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). 
Proposals which are poorly designed, detrimental to local amenity, or inconsistent with
the six qualities of place will not be supported.  In this instance, the site is located off
the main street within the town centre, and the proposal does not introduce any
prominent changes to the surrounding area.  The alterations are appropriate to the
nature of the area and raise no concerns in relation to the six qualities of place. 
Accordingly, the proposal complies with the aims of Policy 14 of NPF4. 
10.8. Policy 5 – Development Management and Placemaking of SLLDP2 advises that to
ensure development takes account of the principles of sustainable development, all
proposals require to be well designed and integrated with the local area.  Proposals
should have no significant adverse impacts on the local community and the
environment.  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. The proposal is unlikely to affect privacy, as the space is already accessible to the
public visiting the Healing Centre.  Furthermore, the proposal does not involve the
construction of any elevated structures, meaning existing lines of sight will remain
unchanged. 
10.10. In this instance, the proposal involves relatively limited external alterations to the land,
and the change of use would not have a significant adverse impact upon the visual
amenity, privacy or character of the area.  A condition can be imposed to control the
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operating hours of the snack van and seating area.  The proposal is of a small scale
and would not conflict with the aims of Policy 5 or Policy DM1 of SLLDP2.  The snack
van is modest in size and would not appear out of place within its setting.  Its limited
scale ensures there are no significant adverse impacts on the local community or
environment, while remaining consistent with the principles of sustainable
development, quality and integration with the surrounding area. 
10.11. Travel and Transport 
Policy 15 of NPF4 - Local living and 20-minute neighbourhoods 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 transport services,
therefore, the proposal is not considered contrary to the aims of Policy 15 of NPF4. 
10.12. Conclusion 
It is considered that the development has been adequately justified in policy terms,
particularly in relation to its location and use, and a proposal of this nature can be
supported at this location for a temporary period of five years.  The proposals accord
with Policies 1, 2, 5, 9 and DM13 of South Lanarkshire Local Development Plan 2 and
National Planning Framework 4 Policies 1, 2, 14, 15 and 27. 
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. Planning permission is hereby granted for a temporary period only and shall cease to
have effect five years from the date of this consent (the 'cessation date').   
Within two months of the cessation date, the application site shall be cleared of all
works and development approved under the terms of this permission (including any
subsequent ancillary works, infrastructure, fixtures, fittings and any temporary
developments permitted under the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992). 
Reason: To ensure that the temporary development is timeously removed in the
interests of the visual amenities of the area and in order to retain effective planning
control. 
02.  That the hours of operation for the snack van shall be 11am to 9pm Tuesday to Sunday
only. 
Reason: To retain effective planning control and prevent any detrimental impact on the
amenity of the surrounding area. 
12.  Reason for Decision
12.1. The proposal would not have a significant adverse impact upon the character and
function of the area, and surrounding amenity and is an appropriate form of
development at this location.  Therefore, it complies with Policies 1, 2, 5, 9 and DM13
of South Lanarkshire Local Development Plan 2 and National Planning Framework 4
Policies 1, 2, 14, 15 and 27. 
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Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 2026 
Background Papers 
Further information relating to the application can be found online:- 
P/25/0918 | Change of use of the rear yard to create an outdoor seating area, including
the siting of a mobile snack van for a temporary period of five years (Retrospective) |
136 Union Street Larkhall ML9 1EF 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/1228
Proposal:  Re-profiling of slope and construction of hardstanding on land adjacent
to highway to enable delivery of wind turbines to Mill Rig Wind Farm 
Site Address:  Land opposite 54 and 56 Stonehouse Road (A71) Strathaven
Applicant:  OnPath Energy
Agent:  None
Ward:  5 – Avondale and Stonehouse
Application Type:  Full Planning Permission
Advert Type:  N/A
Development Plan
Compliance:
Yes 
Departures:  No
Recommendation:  Grant planning permission subject to conditions 
Legal Agreement:  No
Direction to
Scottish Ministers 
No  
8
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee under the
South Lanarkshire Council Scheme of Delegation as it has received more than 5
objections. 
2. Site Description
2.1. The site comprises a grassed slope which contains a small number of trees and
bushes at the eastern entrance to Strathaven.  It lies on the inside bend of the north
side of the A71 and extends to some 0.17ha in area. 
2.2. Works recently commenced on site in connection with the implementation of an earlier
planning permission reference P/25/0416.  These works were halted after it was found
the approved scheme could not be implemented due to adverse ground conditions.   
3. Description of Proposed Development
3.1. This planning application has been submitted to address adverse ground conditions
that were found during works to implement an earlier detailed planning permission
involving the re-profiling of a section of the slope within the site. 
3.2. As a result, the original design had to be amended in order to reduce the angle of the
finished gradient.  This in turn led to the need to acquire additional land and an
extension to the application site. 
3.3. These earthworks have been identified as being required to accommodate the over-
run and over-sail of the blade transporter which will be utilised to deliver component
parts for the approved wind farm development at the consented Mill Rig Wind Farm. 
3.4. Several trees on the site were previously felled in connection with the implementation
of the original planning permission.  A scheme of compensatory planting has been
submitted and will be brought forward on completion of the works. 
4. Relevant Planning History
4.1. Planning application P/25/0416 for the re-profiling of the site was granted under the
Council’s Scheme of Delegation in June 2025. 
5. Supporting Information 
5.1. The applicants have submitted several supporting documents with the application as
set out below:- 
 Tree Survey Report
 Slope Stability Report
 Material Testing Report 
6. Consultations
6.1. Roads Development Management Team – Following a review of the technical
studies submitted with the application they have no objection to the proposed
development subject to conditions.
Response: Noted. 
7. Representations
7.1. Following the carrying out of neighbour notification 21 letters of representation have
been submitted in respect of the proposed development.  These comprise 1 neutral
response, 9 objections and 11 noting support.  
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7.2. The points of concern raised within the various letters of objection to the proposed
development are summarised as follows:- 
 The proposed development will give rise to road safety issues.
 The proposed development will generate unacceptable levels of noise nuisance.
 The proposed development will result in a loss of trees.
 The proposed landscaping works are insufficient.
 The proposed development will not generate any economic benefits for the local
community. 
7.3. The letters in support of the proposed development highlight that the proposed works
will assist in the delivery of renewable energy projects which will assist in addressing
the climate change crisis and aid the move towards net zero energy production. 
7.4. The above issues are considered in the assessment below.  These letters are
available on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places and
productive places.  
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 4 - Natural places
 Policy 7 - Historic assets and places
 Policy 8 – Green belts
 Policy 11 - Energy  
8.3. South Lanarkshire Local Development Plan 2 (2021)
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- 
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 – Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 14 - Natural and Historic Environment
 Policy 15 - Travel and Transport
 Policy 18 - Renewable Energy 
9. Guidance
9.1. None  
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10. Assessment and Discussion
10.1. Full planning permission is sought for earthworks to re-profile a section of sloping land
which lies to the north side of the A71 as it enters the village of Strathaven from the
east.  The works are required to address a pinch point that exists on the haulage route
associated with the delivery of component parts for the approved Mill Rig Wind Farm,
which lies to the west side of Strathaven. 
10.2. The proposed development is directly associated with the construction of the approved
Mill Rig Wind Farm and will facilitate the delivery of component parts to be used in
connection with this wind farm development.  The principle of the acceptability of these
works has effectively been established by the granting of planning permission in
respect of application reference P/25/0416, the only significant difference between the
consented scheme and that proposed under this application being the angle of the re-
profiled slope. 
10.3. The need to deviate from the design of the originally consented scheme is to take
account of poor ground conditions which were encountered when works began on the
implementation of the original scheme. 
10.4. In terms of the adopted development plan, the site is located within the designated
green belt.  As such, consideration must be had to the impact of the proposed
development upon the aims and purpose of green belt.  Given the specific nature of
the proposed development, and the recent planning history associated with the site, it
is not considered that the proposed development will adversely impact upon any of
the functions of the green belt at this location. 
10.5. It is also of relevance to note that the works in question will take place over a very
short period and once the proposed compensatory planting has been put in place, the
site (except for the profile of the slope) will appear to be very close to its
predevelopment condition. 
10.6. In respect of the points raised within the various letters of objection, the following
responses are made.  In terms of road safety issues, the Council’s roads service has
offered no objection to the proposed development, with it being further noted that the
proposed works will increase the ease at which wind farm component parts can
manoeuvre through this section of roadway, this being in the best interests of road
traffic safety.  Whilst a degree of noise will be generated by the proposed works, the
works will be completed over a short period of time and will not result in any potential
for longer term noise issues.  The proposals do not involve the removal of any
additional trees and the satisfactory implementation of the proposed landscaping
works can be controlled by condition.  Whilst the proposals themselves do not result
in any economic benefit, they will assist in the safe delivery of renewable energy
projects. 
10.7. Conclusion 
In conclusion, it is considered that the proposed development complies with the
relevant policies of both the adopted National Planning Framework 4 and the adopted
South Lanarkshire Local Development Plan 2 and that, accordingly, planning
permission be granted subject to the conditions set out below.  
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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 The development shall be implemented in accordance with the following drawings:- 
SC00120-RPS-ZZ-XX-DR-C-5051
SC00120-RPS-ZZ-XX-DR-C-5052
SC00120-RPS-ZZ-XX-DR-C-5055 
Reason: As these drawings constitute the details of the approved development. 
03 Details of the proposed compensatory landscaping scheme shall be submitted to the
Planning Authority for its written approval.  The approved scheme shall then be
implemented within two months of the completion of the development hereby
approved. 
Reason: In the interests of the amenity of the surrounding area. 
04 The existing footpath which runs parallel to the frontage of the site shall be
resurfaced in a suitable bituminous surface within one month of the works hereby
approved. 
Reason: In the interests of pedestrian safety. 
05 The coarse granular fill material to be imported to the site shall be tested in
accordance with Clause 636 of the Specification for Highway Works Series 600 and
must achieve a minimum value of 370 for Effective Friction Angle.  This testing
process should be carried out by an independent laboratory, and the results should
be submitted to the Planning Authority for approval prior to the material being used
on the site. 
Reason: To ensure the safety and suitability of the proposed fill material. 
12. Reason for Decision
12.1. When assessed against the relevant provisions of the development plan, the proposed
development raises no issues of concern in respect of its policy compliance. 
Furthermore, the proposed development will assist in the delivery of component parts
to a consented windfarm development. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 2026  
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Background Papers
Further information relating to the application can be found online:- 
https://publicaccess.southlanarkshire.gov.uk/online-
applications/applicationDetails.do?activeTab=documents&keyVal=T47YJEOPKTJ00 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/1450
Proposal:  Erection of dwellinghouse, stable block and associated works
Site Address:  Caravan Storage Yard
Whiteshawgate Highway
Strathaven 
Applicant:  Mr Steven Platt
Agent:  James Baird Architecture
Ward:  05 Avondale and Stonehouse
Application Type:  Detailed Planning Permission 
Advert :  East Kilbride News – 14 January 2026 
Development Plan
Compliance: 
No 
Departures:  Yes
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
9
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee under Section
4B(17)(e) of the adopted 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 it raises policy issues meriting consideration by
the Planning Committee. 
2.  Site Description
2.1.  The application site is located within the designated green belt to the north of
Strathaven that is part of a larger site previously occupied by a caravan storage area
which is no longer operational.  Some dilapidated structures to the eastern boundary
of the site have been identified by the applicant as former stables and feed store which
did not form part of the last use of the site as a commercial caravan storage yard. 
2.2. The site is bounded to the west by Strathaven Rugby Club clubhouse and playing
fields, to the east and north by adjoining land of the former caravan storage area and
to the south by 3 existing dwellings at the former Whiteshawgate farm.  The location
plan indicates that the applicant owns all of the wider caravan storage site that extends
both to the east and significantly to the north of the application site. 
3.  Description of Proposed Development
3.1. Planning permission is sought for the erection of a 3-bedroom detached
dwellinghouse, stable block and associated works which would be finished in stone
and wetcast render with grey concrete roof tiles.  It would utilise the existing access
and would have provision for areas of private garden ground to both the front and the
rear.  The proposal also includes a substantial stable block and feed store to the rear
of the house but without any associated equestrian land for riding or exercising horses. 
4.  Relevant Planning History
4.1.  None relevant. 
5.  Supporting Information 
5.1.  The agent has submitted the following information to support the application:- 
 Planning Supporting Statement 
6. Consultations
6.1. Environmental Services – No objection subject to the imposition of standard advisory
notes relating to noise, contamination and a septic tank.  
Response: Noted.   
6.2. Roads, Transportation and Fleet Services – No objection subject to the imposition
of planning conditions relating to parking, electric vehicle charging points (EVCPs),
dropped kerb access/materials and parking.
Response: Noted.   
6.3. Scottish Water – No objection.  Have commented that there is no wastewater
infrastructure in the vicinity, therefore, the applicant should investigate a private
treatment option. 
Response: Noted. 
6.4. Scottish Power – No objection. 
Response: Noted.  
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7.  Representations 
7.1. Following statutory neighbour notification and advertisement in the local press in
respect of non-notification of neighbours, 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 8 - Green belts
 Policy 14 - Design, quality and place
 Policy 17 - Rural homes 
8.3. South Lanarkshire Local Development Plan 2 (SLLDP2) (2021) 
The application site and associated proposals are affected by the following policies
contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking 
SLLDP2 Volume 2 Policies
 Policy DM1 – New Development Design
 Policy GBRA1 - Rural Design and Development 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Introduction
The main issues to be addressed in the determination of this application include the
acceptability in principle of the proposed development, its layout, siting and design,
and an assessment of technical matters.  The policies contained within National
Planning Framework 4 (NPF4) and the South Lanarkshire Local Development Plan 2
(SLLDP2) are the main considerations in this case, together with an assessment of
any other material planning considerations. 
10.2. Principle of Development
In terms of the principle of the development, the site is located within the green belt as
designated by Policy 4 – Green Belt and Rural Area of SLLDP2.  In addition, Policy 8
– Green Belts of NPF4 also provides policy with regard to proposed development
proposals in green belt locations.  
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10.3. Policy 8 – Green Belts of NPF4 sets out the types of development that would be
supported in the green belt.  Developments in these categories also require to
demonstrate a specific locational need, that it would not undermine the purpose of the
green belt, it is compatible with the surrounding established countryside and
landscape character, has been designed to ensure it is of an appropriate scale that
minimises visual impact, and there will be no significant long-term impacts on the
environmental quality of the green belt.  Similar policy provision is also set out in Policy
17 – Rural homes. 
10.4. The proposed development is for a dwellinghouse, stable block and associated works,
however, this proposal is not required for any of the purposes set out in Policy 8 or
Policy 17.  As such, there is no specific locational need for the dwellinghouse to be
located in the green belt and the proposal is considered to be contrary to both Policies
8 and 17 of NPF4. 
10.5. Similarly, Policy 4 – Green Belt and Rural Area of SLLDP2, requires proposed
developments in green belt locations to be for agricultural, forestry, recreation or other
uses generally appropriate to the countryside and resist isolated and sporadic
development.  The proposed application site/house is not considered to be a gap site,
not consolidating a building group and does not meet the criteria to require
assessment against any of the other Green Belt Policies in SLLDP2. 
10.6. As set out above, there is no specific locational need for the dwellinghouse to be
located in the green belt.  It would be sporadic development which does not result in
significant visual and environmental benefits to the area.  The proposal is therefore
considered to be contrary to Policy 4 of SLLDP2. 
10.7. Layout, Siting and Design
With regard to siting and design considerations, Policy 8 of NPF4 requires proposed
developments within the green belt to be designed to ensure they are of an appropriate
scale, massing and external appearance and to be compatible with the surrounding
established countryside and landscape character.  Policy 14 of NPF4 relates to
liveable places.  Policy 14 sets out that all development should be designed to improve
the quality of an area and be consistent with the six qualities of a successful place:
healthy, pleasant, connected, distinctive, sustainable, and adaptable.   
10.8. Development proposals that are poorly designed, detrimental to the amenity of the
surrounding area or inconsistent with the six qualities of successful places, will not be
supported.  The site location, in the green belt and outwith a settlement, is not
considered to be consistent with the qualities of either a sustainable or a connected
place. 
10.9. 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 green belt which is considered to
negatively affect the landscape character and setting of the area as a result.  Overall,
this would be unacceptable in terms of layout, siting and design and it is considered
that the proposal is not consistent with Policies 5, DM1 and GBRA1 of the South
Lanarkshire local development plan.  
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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 green belt location and that
there is therefore no justification for a new dwellinghouse at this site.  The proposal
would also have an adverse impact upon the wider amenity of the area, being an
unjustified green belt development.  The proposal would also be unsustainable in the
green belt, failing to address climate concerns and generating increased private car
trips and their associated greenhouse gasses and emissions.  As such, the proposal
would not comply with the relevant policies of the adopted development plan (NPF4
and SLLDP2) and it is therefore recommended that planning consent is refused. 
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse for the following reasons:- 
01.  The proposal would be contrary to Policy 8 - Green Belts of National Planning
Framework 4 (2023) as it has not been satisfactorily demonstrated that the
proposals comply with the criteria contained within the policy relating to the
provision of a new dwellinghouse in the countryside and, as such, fail to
encourage, promote and facilitate compact urban growth and use the land
around our towns and cities sustainably. 
02. The proposal would be contrary to Policy 17 – Rural Homes of National Planning
Framework 4 (2023) as it has not been satisfactorily demonstrated that the
proposals comply with the criteria contained within the policy relating to the
provision of a new dwellinghouse in the countryside and, as such, would not
facilitate the provision of appropriate rural dwellinghouses. 
03. The proposal would be contrary to Policy 4 - Green Belt of the South Lanarkshire
Local Development Plan 2 (2021) as it relates to isolated, sporadic development
in the countryside and it has not been appropriately justified in terms of being
development which would require to be located within the green belt. 
04. The proposal would be contrary to Policy 5 - Development Management and
Placemaking, Policy DM1 - New Development Design and Policy GBRA1 - Rural
Design and Development of the South Lanarkshire Local Development Plan 2
(2021) as it would result in a suburban development in the green belt which is
considered to negatively affect the landscape character and setting of the area
as a result. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date:  16 February 2026 
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Background Papers
Further information relating to the application can be found online:- 
P/25/1450 | Erection of dwellinghouse, stable block and associated works | Caravan Storage
Yard Whiteshawgate Highway Strathaven ML10 6SY 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:- 
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/1455
Proposal:  Erection of Battery Energy Storage System (Application under Section
42 of the Act to vary Condition 6 of Planning Permission Reference
P/23/1116) 
Site Address:  Land at Carlisle Road (B7078) Lesmahagow
Applicant:  Zenobe Coalburn Limited
Agent:  None
Ward:  4 – Clydesdale South
Application Type:  Modification, Variation or Removal of Planning Condition
Advert Type:  Not required
Development Plan
Compliance:
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions 
Legal Agreement:  None
Direction to
Scottish Ministers 
No  
10
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1. Reason for Report
1.1. This application is being presented to Committee as it constitutes a major planning
application under The Town and Country Planning (Hierarchy of Developments)
(Scotland) Regulations 2009 and the South Lanarkshire Council Scheme of
Delegation requires that all major applications are determined by the Planning
Committee. 
2. Site Description
2.1. The site is located on land adjacent to Carlisle Road (B7078) between Poniel and
Lesmahagow.  The overall site comprises rough grazing and scrubland and lies
approximately 3km northeast of Coalburn village centre.  The area surrounding the
site is predominantly rural in character, with open agricultural fields to the north, south
and west.  The eastern boundary of the site is formed by the B7078, with the M74 lying
a short distance further to the west. 
2.2. The nearest residential property lies approximately 400m northwest of the site, with
approximately 16 further residential properties lying within 1km of the site.  The Harbro
feedstuff plant lies opposite the site, on the east side of the B7078. 
2.3. A single 102m tall wind turbine is located immediately adjacent to the site boundary. 
A further single 99m tall wind turbine lies approximately 200m to the east of the site. 
The Coalburn substation and its associated pylons and overhead lines are located
approximately 900m to the northwest of the site. 
3. Description of Proposed Development
3.1. Under the terms of this Section 42 application, permission is sought to vary the terms
of Condition 6 of the deemed planning permission reference P/23/1116 granted in
association with an approval of an application under Section 36 of the Electricity Act
1989 in respect of the development of a Battery Energy Storage System (BESS) on
the site. 
3.2. Condition 6 of deemed permission reference P/23/1116 states that:- 
“Except as otherwise required by the terms and conditions of this consent and deemed
planning permission, including Condition 5 of the consent, development shall be
undertaken in accordance with the application, the planning drawings and all
environmental mitigation detailed in the documentation lodged by the Company or its
appointed agents in support of the application.” 
It should be noted that condition 5 referred to above relates a condition that was
attached to the Section 36 consent. 
3.3. The applicant has advised that due to the rapid pace of technological development
within the battery storage sector, final development layouts and equipment footprints
cannot always be fixed with precision until shortly before installation works begin.  As
matters currently stand, the wording of Condition 6 provides no flexibility in terms of
the final layout of the development and, as such, would necessitate a new application
to address any minor layout adjustments. 
3.4. To address this, the applicant has proposed that the wording of Condition 6 be
amended to read as follows:-  
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“Notwithstanding the details shown on the approved plans attached to this consent
and deemed planning permission, and except as otherwise required by this consent
including Condition 5, all infrastructure may be micro-sited within the application
boundary in any direction unless otherwise agreed in writing by the Planning Authority. 
Any micro-siting or changes to the number of equipment units must not result in greater
environmental or amenity effects than those identified and assessed at the application
stage, be out with the original red line boundary, or be otherwise considered
unacceptable by the Planning Authority or its consultees.  An updated layout plan
reflecting any changes shall be submitted to the Planning Authority prior to
commencement of development.” 
4. Relevant Planning History
4.1. As is noted above, deemed planning permission was granted by the Energy Consents
Unit on behalf of Scottish Ministers for the development of a BESS facility on the site
(application reference P/23/1116). 
5. Supporting Information 
5.1. None. 
6. Consultations
6.1. Roads Development Management Team – Advised that they have no objection to the
proposed revision to the wording of Condition 6 as it has no impact upon their interests.
Response: Noted. 
7. Representations
7.1. Following the statutory period of neighbour notification, no letters of representation
have been received. 
8. Development Plan
8.1. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments, and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places, and productive places.  Policy 11 – Energy sets out the
Scottish Government’s policy intent in relation to renewable development.  Other
policies that are relevant include:- 
 Policy 1 – Tackling the Climate and Nature Crises
 Policy 3 – Biodiversity
 Policy 4 – Natural Places
 Policy 5 – Soils
 Policy 6 – Forestry, Woodland and Trees
 Policy 7 – Historic Assets and Places
 Policy 29 – Rural Development 
8.2. South Lanarkshire Local Development Plan 2 (2021) 
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- 
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
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 Policy 14 - Natural and Historic Development
 Policy 15 - Travel and Transport
 Policy 16 - Water Environment and Flooding
 Policy 18 – Renewable Energy 
South Lanarkshire Council (SLC) Supporting Planning Guidance 
 Renewable Energy (January 2021) 
9. Guidance
9.1. The Chief Planner in the Scottish Government wrote to Planning Authorities on 27 August
2020 advising that, where a developer may later want to alter the terms under which the
generating station or ancillary development may be constructed or operated, the
developer may seek a new planning permission subject to different conditions.  Where
that change relates to compliance with a condition about an ancillary element of the
development imposed on the grant of deemed planning permission, permission for the
change should be made through Section 42 of the Town and Country Planning (Scotland)
Act 1997. 
10. Assessment and Discussion
10.1. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997,
as amended, all applications must be determined in accordance with the terms of the
development plan unless material considerations indicate otherwise.  The policies set
out within NPF4 and the SLLDP2 are the main considerations in this regard, together
with an assessment of any other relevant material considerations. 
10.2. In this case, the application has been made under the terms of Section 42 of the Act
to vary a condition attached to the extant deemed planning permission for the
development of a BESS facility on the site.  In assessing Section 42 applications, there
is no opportunity for the Planning Authority to revisit the principle of the development,
or any facet of the original planning permission.  Rather, the assessment of such
applications must be restricted solely to the consideration of whether the impact of the
proposed variations to the existing planning conditions can be justified or whether the
proposed variations would undermine the integrity of the original planning permission. 
10.3. As is noted above, the development of a BESS facility on the site was granted planning
permission in association with the approval of the Section 36 consent by Scottish
Ministers.  Condition 6 of this permission restricts the construction of this development
strictly to those plans and details approved under the application and provides for no
ability for the micro-siting of any of the constituent elements thereof, as may be
required to accommodate any advances in battery technology or other site-specific
factors. 
10.4. Accordingly, under this application, the applicant seeks to introduce an allowance
within the condition for what is in effect the micro-siting of the various components of
the approved scheme, this being subject to the prior approval of the Planning
Authority. 
10.5. This suggested alternative wording for the condition does not undermine the intended
purpose of the original condition and nor does it allow for the introduction of any new
elements into the approved development.  This change will, however, allow for the
minor repositioning of component parts of the approved development (within the limits
of the original redline application boundary) without the need for the applicant to
pursue a formal planning application in respect thereof.  
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10.6. All other conditions attached to the original deemed planning permission would be
replicated within any permission granted in respect of this application, this ensuring
that the Planning Authority retains full and effective control over the proposed
development.  It should be noted that the sequence of numbers in section 11 starts at
condition 6 to reflect the numbering used in the deemed permission, the first 5
conditions being attached to the Section 36 consent. 
10.7. On this basis, it is considered that the proposals are acceptable. 
10.8. Conclusion 
The proposed development raises no issues of conflict with the relevant provisions of
the adopted development plan, with the revised condition allowing for effective control
to be retained over the proposed development. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant planning permission subject to the following conditions:- 
6. Implementation in accordance with approved layout and requirements of this
consent 
(1) Notwithstanding the details shown on the approved plans attached to this consent
and deemed planning permission, and except as otherwise required by this consent
including Condition 5, all infrastructure may be micro-sited within the application
boundary in any direction unless otherwise agreed in writing by the Planning
Authority.  Any micro-siting or changes to the number of equipment units must not
result in greater environmental or amenity effects than those identified and
assessed at the application stage, be out with the original red line boundary, or be
otherwise considered unacceptable by the Planning Authority or its consultees.  An
updated layout plan reflecting any changes shall be submitted to the Planning
Authority prior to commencement of development. 
Reason: To ensure that development is carried out in accordance with the
approved details. 
7. Commencement of development 
(1) The development must be commenced not later than the expiration of three years
beginning from 28 April 2025. 
(2) Written confirmation of the intended date of Commencement of Development shall
be provided to the Scottish Ministers and the Planning Authority no later than one
calendar month before that date. 
Reason: To comply with section 58 of the Town and Country Planning (Scotland)
Act 1997. 
8. Decommissioning, Restoration and Aftercare: Interim Decommissioning
Restoration and Aftercare Strategy 
(1) There shall be no Commencement of Development until an Interim
Decommissioning, Restoration and Aftercare Strategy has been submitted to, and
approved in writing by, the Planning Authority in consultation with SEPA and
Transport Scotland.  The Interim Decommissioning, Restoration and Aftercare
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Strategy shall outline measures for the decommissioning of the Development and
restoration and aftercare of the site, and shall provide proposals for the removal of
the Development, the treatment of ground surfaces, the management and timing
of the works and environmental management provisions in any instance that the
site as a whole, or in part, ceases to operate prior to the approval of the Detailed
Decommissioning, Restoration and Aftercare Plan required under the provisions of
Condition 9. 
Reason: To ensure the decommissioning and removal of the development in an
appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental protection
when a Detailed Decommissioning, Restoration and Aftercare Plan has not yet
been approved. 
9.  Site Decommissioning, Restoration and Aftercare: Site Decommissioning,
Restoration and Aftercare 
(1) The development shall cease to generate electricity and export it to the grid
network by no later than the date falling forty years from the Date of Final
Commissioning. 
(2) Unless the development has been deemed to be redundant under condition 11, no
later than one year prior to the Date of Final Generation or the expiry of the section
36 consent (whichever is earlier) a Detailed Decommissioning, Restoration and
Aftercare Plan shall be submitted for the written approval of the Planning Authority,
in consultation with SEPA and Transport Scotland. 
(3) If the development has been deemed to be redundant under condition 11, no later
than twelve months from the Date of Final Generation, a detailed
Decommissioning, Restoration and Aftercare Plan shall be submitted for the written
approval of the Planning Authority. 
(4) The Detailed Decommissioning, Restoration and Aftercare Plan shall provide
updated and detailed proposals, in accordance with relevant guidance at that time,
for the removal of the development, the treatment of ground surfaces, the
management and timing of the works and environment management provisions
which shall provide:- 
a) a site waste management plan (dealing with all aspects of waste produced
during the decommissioning, restoration and aftercare phases and, including
details of measures to be taken to minimise waste associated with the
Development and promote the recycling of materials and infrastructure
components); 
b) details of the formation of the construction compound, welfare facilities, any
areas of hardstanding, turning areas, internal access tracks, car parking, material
stockpiles, oil storage, lighting columns, and any construction compound boundary
fencing; 
c) a dust management plan; 
d) details of measures to be taken to prevent loose or deleterious material being
deposited on the local road network, including wheel cleaning and lorry sheeting
facilities, and measures to clean the site entrances and the adjacent local road
network; 
e) a pollution prevention and control method statement, including arrangements for
the storage and management of oil and fuel on the site; 
f) details of measures for soil storage and management;  
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g) a surface water and groundwater management and treatment plan, including
details of the separation of clean and dirty water drains, and location of settlement
lagoons for silt laden water; 
h) details of measures for sewage disposal and treatment; 
i) temporary site illumination; 
j) the construction of any temporary access into the site and the creation and
maintenance of associated visibility splays; and 
k) a species protection plan based on surveys for protected species (including
birds) carried out no longer than eighteen months prior to submission of the plan. 
(5)  The development shall be decommissioned, the site restored and aftercare
undertaken prior to the date falling three years after the Date of Final Generation
and in accordance with the approved detailed decommissioning, restoration and
aftercare plan. 
Reason: To ensure the decommissioning and removal of the development in an
appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection. 
10. Financial Guarantee 
(1)  There shall be no Commencement of Development until a bond or other form of
financial guarantee in terms which secures the cost of performance of all
decommissioning, restoration and aftercare obligations referred to in conditions 8
and 9 has been submitted to and approved in writing by the Planning Authority. 
(2)  The value of the financial guarantee shall be agreed between the Company and
the Planning Authority or, failing agreement, determined (on application by either
party) by a suitably qualified independent professional as being sufficient to meet
the costs of all decommissioning, restoration and aftercare obligations referred to
in conditions 8 and 9. 
(3)  The financial guarantee shall be maintained in favour of the Planning Authority until
the completion of all decommissioning, restoration and aftercare obligations
referred to in conditions 8 and 9. 
(4) The value of the financial guarantee shall be reviewed by agreement between the
Company and the Planning Authority or, failing agreement, determined (on
application by either party) by a suitably qualified independent professional not less
than every five years, and at the time of the approval of the Detailed
Decommissioning, Restoration and Aftercare Plan approved under condition 9. 
The value of the financial guarantee shall be increased or decreased to take
account of any variation in costs of compliance with decommissioning, restoration
and aftercare obligations referred to in conditions 8 and 9 and best practice
prevailing at the time of each review. 
Reason: To ensure that there are sufficient funds to secure performance of the
decommissioning, restoration and aftercare conditions attached to this deemed
planning permission in the event of default by the Company.  
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11. Redundancy 
(1)  Starting from the Date of First Commissioning, the Company shall supply to the
Planning Authority written reports providing monthly details of the electricity
exported by the Development via its connection to the electricity network (“the grid
connection”). 
(2)  If, following the Date of First Commissioning, the development fails to export
electricity via the grid connection for a continuous period of twelve months, then it
shall be deemed to be redundant and the Company shall undertake the
decommissioning, restoration and aftercare of the Site as required by condition 9
(3), (4) and (5). 
Reason: To ensure that if the development becomes redundant the equipment is
removed from the site, in the interests of safety, amenity and environmental
protection 
12. Ecological Clerk of Works 
(1)  There shall be no Commencement of Development until the terms of appointment
of a suitably qualified, experienced, and independent Ecological Clerk of Works
(“ECoW”) by the Company have been submitted to, and approved in writing by, the
Planning Authority.  The terms of appointment shall:- 
a) impose a duty to monitor compliance with the ecological and hydrological
commitments provided in the Application, the details of the storage technology,
associated infrastructure and final site layout approved under condition 5, and the
Construction and Environmental Management Plan approved under condition 13
(“the ECoW works”); 
b) require the ECoW to report to the nominated construction project manager any
incidences of non-compliance with the ECoW works at the earliest practical
opportunity; 
c) require the ECoW to submit a quarterly report to the Planning Authority
summarising works undertaken on site; and 
d) require the ECoW to report to the Planning Authority any incidences of
noncompliance with the ECoW works at the earliest practical opportunity, and no
later than 5 working days following the incidence of non-compliance. 
(2)  The ECoW shall be appointed on the terms approved under part (1) throughout the
period from pre-construction works, Commencement of Development to
completion of construction works and post-construction site reinstatement works. 
(3)  Prior to the decommissioning, restoration and aftercare phases of the development
or the expiration of the operational period of the consent (whichever is the earlier),
details of the terms of appointment of a suitably qualified, experienced, and
independent ECoW by the Company throughout the decommissioning, restoration
and aftercare phases of the development shall be submitted to, and approved in
writing by the Planning Authority. 
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(4)  The ECoW shall be appointed on the terms approved under part (3) throughout the
decommissioning, restoration and aftercare phases of the development. 
Reason: To secure effective monitoring of and compliance with the environmental
mitigation and management measures associated with the development during the
construction, post-construction restoration, decommissioning, restoration and
aftercare phases. 
13. Construction and Environmental Management Plan 
(1) There shall be no Commencement of Development until a Construction and
Environmental Management Plan (CEMP) containing site specific details of all
onsite 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 be informed by the
site and ground investigation works and best practice guidance. 
(2) The CEMP shall provide:- 
a) A site waste management plan (dealing with all aspects of waste produced
during the construction period other than peat and other carbon rich soils),
including details of contingency planning in the event of accidental release of
materials which could cause harm to the environment, evidencing all proposals
comply with SEPA’s guidance and the requirements of the waste management
licensing regime as appropriate; 
b) Details of the location, layout, formation of the construction compound, welfare
facilities, any areas of hardstanding, turning areas, internal access tracks, car
parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and
any construction compound boundary fencing required for the construction period;
c) A dust management plan detailing all mitigation/dust suppression measures
intended to reduce the impacts of dust on site, including measures to reduce dust
on roads; 
d) Site specific details for management and operation of any concrete batching
plant (including disposal of pH-rich waste water and substances); 
e) Details of measures to be taken to prevent loose or deleterious material being
deposited on the local road network including wheel cleaning and lorry sheeting
facilities, turning arrangements for vehicles on site, and measures to clean the site
entrances and the adjacent local road network; 
f) An action plan to guide staff in the event that any contamination is encountered
during construction. This Plan will require the Planning Authority to be advised
immediately if contamination is suspected. 
g) A Pollution Prevention and Incident Plan incorporating a Pollution Prevention
Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, this shall
include measures to protect watercourses, groundwater, management of natural
surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils,
arrangements for the storage and management of oil and fuel and other chemicals
on the site and sewage disposal and treatment; 
h) Details of soil and excavated material storage and management including
outline quantities, locations (other than peat and other carbon rich soils)
management of long term storage of construction generated to facilitate future site
restoration; 
i) A drainage management strategy, demonstrating how all surface and waste
water arising during and after construction is to be managed and prevented from
impacting on the water environment and to mitigate flood risk; 
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j) A surface water and groundwater management and treatment plan, including
details of the separation of clean and dirty water drains, and location of settlement
lagoons for silt laden water; 
k) Details of temporary site illumination, including measures to ensure light
spill/pollution is minimised and avoids habitats within the site and does not extend
beyond the immediate working area, and not beyond the site boundary; 
l) Protected Species Plan. The Plan shall be informed by breeding birds, badger,
otter and water vole surveys carried out by a suitably qualified person. The surveys
shall inform the mitigation measures required to protect breeding birds, badger,
otter and water vole during construction of the Development. The Plan shall
provide mitigation measures, as required, and a timetable for implementation; 
m) Details of measures to ensure the safety of mobile species (amphibians,
reptiles and mammals) such as fencing off, covering or inserting a ramp in any
excavations and the capping of large diameter pipes at the end of each working
day; 
n) Details of the construction of the access into the site, including associated
drainage and the creation and maintenance of associated visibility splays; 
o) Site-specific Construction Method Statements for the following:-
i. crane pads; 
ii. foundations; 
iii. working cable trenches; i
v. Energy storage compound formation and installation of energy storage
equipment; 
v. Substation compound formation, erection of associated buildings and ancillary
infrastructure; vi. watercourse crossings including full details and plans of the
design and specification of all new and upgraded watercourse crossings to be
constructed, ensuring continuous flow and fish passage with no hanging culverts,
noting all crossings shall be oversized bottomless arched culverts or traditional
style bridges; 
p) Details of post-construction restoration/reinstatement of the working areas not
required during the operation of the Development and any other temporary works
(including those carried out within the public road boundary); 
q) A wetland ecosystems survey and mitigation plan; 
r) A tree felling, felling waste, replanting and management plan; 
s) Details of the avoidance of ground clearance during the main bird breeding
season March to August inclusive; and details of the appointment of an
ornithologist in the event that ground clearance is to take place during the main
bird breeding season March to August inclusive, who should be engaged to survey
the ground and trees immediately prior to such works to advise the Company of
any bird nesting activity; 
t) Adherence to guidance published by NatureScot on Dealing With Construction
and Breeding Birds; 
u) A Construction Noise Management Plan including details of the management
of noise and vibration during construction and post-construction restoration,
including that caused by construction traffic, to the lowest practicable levels and in
accordance with BS 5228:2009 “Code of Practice for noise and vibration control
on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any
updated version/document which superseded this document) and how any
properties likely to be affected by construction noise will be kept informed; 
v) Construction Method Statements for all roads/tracks to be altered/formed within
the development site including their width, likelihood of widening or passing
places, means of drainage (which shall have regard to SUDS principles), means
of construction, and edge reinstatement including verge width. The specification
shall be accompanied by relevant plans at a scale sufficient; 
w) The cable trenches;  
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x) A phasing plan for the construction works; and 
y) A written scheme which details the methodology for dealing with any revisions
to any of the documents required under this part (3). Any revised documents will
require to be submitted to and approved in writing by the Planning Authority prior
to the revisions being implemented on site. 
(3) The Development shall be implemented in accordance with the CEMP approved
under part (1) 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 EIA Report accompanying the application or,
as otherwise agreed, are fully implemented. 
14. Traffic Management Plan 
(1) There shall be no Commencement of Development until a Traffic Management
Plan (TMP) has been submitted to, and approved in writing by, the Planning
Authority in consultation with the Relevant Roads Authority.  The TMP shall
provide:- 
a)  The routeing of all traffic associated with each phase of the development on public
roads (including, but not limited to, via Junction 11 of the M74 at Poniel). 
b)  Measures to ensure that the specified routes are adhered to by all operatives and
suppliers, including monitoring procedures. 
c)  Details of all signage and lining arrangements to be put in place. 
d)  Provisions for emergency vehicle access. 
e)  Measures including wheel washing arrangements, lorry sheeting to prevent
detritus being deposited on the public road and turning arrangements for vehicles
on site. 
f)  On-site car parking for construction vehicles as no parking permitted on the public
road. 
g)  Delivery and laydown space and turning area to ensure all vehicles enter and exit
site in a forward gear. 
h)  Identification of a nominated person to whom any road safety issues can be
referred.
i)  If the route of the construction traffic is over the road network where South
Lanarkshire Council is the Relevant Roads Authority, the conclusion of a section
96 agreement (including the submission of a Bridge Bond) between South
Lanarkshire Council and the developer. 
j) Provision of a road sweeper including its schedule to ensure the road network
around the entrance remains tidy. 
(2)  Following approval of the TMP by the Planning Authority:- 
a)  The Company shall notify the Relevant 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 Company
must consult with the Relevant 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. 
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b)  The Company shall undertake all work associated with the approved TMP and any
subsequent amendments in accordance with the approved TMP. All abnormal
loads shall be delivered to site in accordance with the approved TMP and Abnormal
Load Route Assessment. Reason: In the interest of road safety. 
Reason: In the interests of road safety. 
15. Abnormal Loads 
(1)  There shall be no abnormal load deliveries to the site until an Abnormal Load Route
Assessment Report has been submitted to and approved in writing by the Planning
Authority in consultation with Transport Scotland.  The Abnormal Load Route
Assessment Report shall provide:- 
(a)  Details of a communications strategy to inform the relevant communities of the
programme of abnormal load deliveries; 
(b)  Details of any accommodation measures required for the trunk road and local road
network including the removal of street furniture, junction widening and traffic
management; 
(c)  Details of any modifications to the local road network where South Lanarkshire
Council’s is the Relevant Roads Authority; 
(d)  Any additional signing or temporary traffic control measures deemed necessary on
the trunk road network due to the size or length of any loads being transported
must be undertaken by a recognised QA traffic management consultant, to be
approved by Transport Scotland. 
(e)  Details of the route for abnormal loads on the local and trunk road networks and
any recommendations for delivery of abnormal loads; 
(f)  An assessment of the capacity of any bridge crossings on the route to cater for
abnormal loads, and details of proposed upgrades and mitigation measures
required for any bridge crossings; 
(g)  A plan for access by vehicles carrying abnormal loads, including but not limited to
the number and timing of deliveries and the length, width and axle configuration of
all such traffic associated with the Development. 
(2)  Prior to the first delivery of an abnormal load, a programme for abnormal load
deliveries shall be submitted to, and be approved in writing by the Planning
Authority in consultation with Transport Scotland. 
(3)  Prior to any movement of abnormal loads (including trial runs) the Company must
complete any mitigation works set out in in the scheme approved under part (1) of
this condition and maintain such measures during the period of abnormal load
deliveries. 
(4) The trial-run shall be undertaken in accordance with the details approved under
part (1) prior to the movement of any abnormal loads. 
(5)  The details in the approved report shall thereafter be implemented in full prior to
the first delivery of an abnormal load. 
Reason: In the interest of road safety and to ensure that abnormal loads access
the site in a safe manner.  
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16. Lighting 
(1)  There shall be no Commencement of Development (except for works defined as
Enabling Works) unless details of the proposed external lighting to be installed
within the application site have been submitted to and approved in writing by the
Planning Authority.  Security lighting must be triggered by motion sensor only and
there must be no permanent lighting of the development. 
Reason: To ensure that the development does not give rise to external lighting that
is unacceptably visually intrusive in the locality. 
17. Site Access Via B7078 Carlisle Road 
(1)  There shall be no Commencement of Development until the Company has
submitted to, and received the written approval of the Planning Authority for,
detailed proposals for the site access onto the B7078 Carlisle Road which shall be
formed as a 7.3 metre wide industrial standard access with minimum 10.5 metre
radius both sides.  Any gate shall be set back not less than 15 metres from the
nearside road channel line and the access hard surfaced for a minimum of 8.0
metres from the edge of the public road.  The details shall include road markings,
drainage and signage all designed in accordance with the Design Manual for
Roads and Bridges.  The design shall be supported by a Stage 2 Road Safety Audit
together with the Designer’s Response. 
Reason: In the interests of road safety. 
18. Visibility Splays 
(1)  Before construction of the battery storage facility commences, visibility splays of 9
metres by 215 metres measured from the road channel shall be provided on both
sides of the vehicular access and everything exceeding 1.05 metres in height
above the road channel level shall be removed from the sight line areas and,
thereafter, nothing exceeding 1.05 metres in height shall be planted, placed or
erected within these sight lines.  The Company shall also demonstrate that they
have all rights to implement and maintain the visibility splay where it traverses third
party land. 
Reason: In the interests of road safety. 
19. Roads Dilapidation Survey 
There shall be no Commencement of Development until the Company has
undertaken a roads dilapidation survey in conjunction with South Lanarkshire
Council Roads Area Office covering the B7078 Carlisle Road for 50 metres either
side of the proposed site access. Interim and final surveys shall be undertaken as
directed by the Roads Authority.  Each inspection shall be recorded in a report to
include photographs, plans and description of road condition, and be submitted for
record purposes within timescales determined by South Lanarkshire Council.  The
applicant shall be responsible for repairing damage attributable to their operations
and undertake all necessary repairs within timescales stipulated by South
Lanarkshire Council. 
Reason: In the interests of road safety.  
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20. Noise Levels 
(1)  The Company shall ensure that (prior to the Date of Final Commissioning and as
described within Environmental Noise Impact Assessment, Carlisle Road Battery
Energy Storage System (BESS) 14820-011-R1 dated 23 May 2023) the noise
levels (including all noise from the development source) comply with the following 
Part 1 
(2)  Between the hours of 08:00 and 20:00 the measured noise rating level emitted
from the development (LAr,1hr) shall not exceed the background noise level
(LA90,15 min) by more than 4dB within the curtilage of any pre-existing residential
amenity area.  This shall be measured in accordance with British Standard BS
4142:2014+A1:2019 - Method for Rating and Assessing Industrial and Commercial
Sound.  Between the hours of 20:00 and 08:00 the noise rating level emitted from
the development (LAr,15 min) shall not exceed the background noise level
(LA90,15min) by more than 4dB within the curtilage of any pre-existing residential
amenity area.  This shall be measured in accordance with BS 4142:2014+A1:2019
Method for Rating and Assessing Industrial and Commercial Sound. 
Part 2 
(3)  The external noise levels resultant from the development as they affect any
residential property shall comply with BS 8233:2014 Guidance on sound insulation
and noise reduction for buildings as follows:-
a) An LAeq,16hr of 55dB during daytime (07:00 – 23:00) in any garden amenity areas,
when measured free-field. 
b) An LAeq,8hr of 45dB during night-time (23:00 – 07:00) in any garden amenity
areas, when measured free-field. 
Part 3 
(4)  The Internal Noise Rating Values from the development, shall not exceed NR25
between 23.00hrs and 07.00hrs, and NR35 between 07.00hrs and 23.00hrs. 
Reason: In the interests of amenity. 
21. Investigation of Complaints 
(1) At the reasonable request of the Planning Authority and following a complaint to it
relating to noise immissions arising from the operation of the development or light
emissions from the associated floodlighting installations the Company 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. 
(2)  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. 
Frequency
(Hz)
63 125 250 500 1000 2000 4000
dB Z 20 14 14 16 14 17 19  
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(3) 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 protect the residential amenity of the surrounding area. 
22. Noise: Construction and Demolition (BS 5228) 
(1)  All works carried out on site must be carried out in accordance with the current
BS5228, ‘Noise control on construction and open sites’. 
(2)  Construction activities shall be limited to: Monday to Friday – 8.00am to 7.00pm
Saturday – 8.00am to 1.00pm. 
Reason: In the interests of amenity. 
23. Peat and Carbon Rich Soils Management Plan 
(1) There shall be no Commencement of Development until a detailed Peat and
Carbon Rich Soils Management Plan (PCRSMP), taking account of the Outline
Peat Management Plan submitted by the Company on 18 April 2024 and the Peat
Landslide Hazard and Risk Assessment submitted by the Company dated 21
September 2023, has been submitted to and approved in writing by the Planning
Authority in consultation with SEPA. 
(2) The PCRSMP shall:- 
(a)  take account of site and ground investigations to minimise the loss of peat and
other carbon rich soil and minimise carbon loss; 
(b)  include actions, including micrositing, to minimise excavated peat and other carbon
rich soils volumes; (
(c)  encourage use of excavated peat and other carbon rich soils in an appropriate
manner; 
(d)  follow good practice for handling, storing and reinstating peat and other carbon rich
soils; 
(e)  include details on the length of time for storage and how the peat will be maintained
fit for re-use; 
(f)  include details of the borrow pit restoration methods including how the restoration
in this area will link to the existing adjacent peat deposits and how this restoration
will result in one larger peatland area; and 
(g)  include all peat landslide mitigation described in section 5 of the Peat Landslide
Hazard Risk Assessment dated 21 September 2023 submitted by the Company. 
(3) The PCRSMP shall thereafter be implemented as approved upon the
Commencement of Development. 
Reason: To ensure that disruption to peat and peat landslide risk is minimised. 
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24. Protection of Coalburn Moss 
(1) No birch shall be planted within 100 metres of the Coalburn Moss Special Area of
Conservation (SAC) site boundary. 
Reason: To ensure that the development will not adversely affect the integrity of
the Coalburn Moss SAC. 
12. Reason for Decision 
12.1. The proposals to vary the conditions attached to deemed planning permission
reference P/23/1116 are considered acceptable, subject to the imposition of the
previous suite of conditions, and accord with Policies 1, 3, 4, 5, 6, 7 and 29 of the
National Planning Framework 4, and with Policies 1, 2, 4, 5, 14, 15, 16 and 18 of the
adopted South Lanarkshire Local Development Plan 2. 
Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 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=T6RE6TOPMPA00 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 24 February 2026
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/25/1545
Proposal:  Use of dwellinghouse as dental practice (Class 1A) and associated
external alterations 
Site Address:  13 Whitemoss Road
East Kilbride
G74 4JB 
Applicant:  Avondale Dental
Agent:  Bruach Architects
Ward:  08 East Kilbride Central North
Application Type:  Full Planning Permission
Advert Type:  N/A
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
11
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1. Reason for Report
1.1. This application is required to be determined by Planning Committee under Section
17b) of the South Lanarkshire Council Scheme of Delegation (2024) as the proposal
is being recommended for approval and is the subject of more than 5 letters of
objection. 
2. Site Description
2.1. The application site comprises a traditional semi-detached, one and a half storey
dwelling located at 13 Whitemoss Road, within the settlement boundary of East
Kilbride.  The property fronts onto Whitemoss Road to the southwest and is bounded
by residential properties to the northwest and northeast.  To the southeast, the other
half of the semi-detached building is the applicant’s existing dental practice at 15
Whitemoss Road. 
2.2. The site is located within a predominantly residential area in close proximity to, and
within walking distance of East Kilbride Town Centre and the Village Local Centre. 
The area is also well served by public transport, with bus routes accessible nearby. 
3. Description of Proposed Development
3.1. The proposal seeks a change of use of the existing dwellinghouse to form an extension
of the adjoining dental practice.  The existing, established dental practice operating
from the adjacent semi-detached property at 15 Whitemoss Road is proposed to be
expanded to provide two additional dental surgeries, facilitating the delivery of
specialist dental services and accommodating additional dental equipment. 
3.2. Externally, the proposed alterations include the replacement of the existing front door
with a window on the southwest (front) elevation, and the replacement of an existing
door with a window on the northwest elevation of the rear extension. 
4. Relevant Planning History
4.1. P/25/0926 - Use of dwellinghouse as dental practice (Class 1A) and associated
external alterations.  This application from last year was withdrawn at the applicant’s
request to allow them to amend proposals to try and address the concerns of Roads,
Transportation and Fleet Services. 
5. Supporting Information 
5.1. The agent has submitted the following information to support the application:- 
 Supporting Statement
 Parking and Traffic Plan Supporting Statement 
6. Consultations
6.1. Roads Development Management – Have no objections to the proposal subject to the
inclusion of conditions relating to visibility.  Issues raised for application P/25/0926
have been addressed by applicant. 
Response – Noted.  The visibility issue could be addressed through an appropriate
condition and on the decision notice if the application were to be approved. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, a total of
51 objections has been received (41 of which were submitted from the same email
address albeit providing different names and postal addresses).  The issues raised
are summarised as follows:-  
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 The potential for increased traffic generation associated with the proposed
development.
 Insufficient parking provision.
 Matters relating to road safety, particularly in respect of increased vehicle
movements and parking behaviour.
 Loss of local housing stock arising from the proposed change of use.
 The potential for overlooking of the property to the rear.
 The potential for noise and disturbance arising from the use.
 The risk of surface water flooding. 
The above matters are material planning considerations and will be considered in the
assessment below and full copies are available to view on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and
supports the planning and delivery of sustainable places, liveable places, and
productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises 
 Policy 2 - Climate mitigation and adaptation 
 Policy 14 - Design, quality and place 
 Policy 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, therefore,
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).  In this regard the application site and
associated proposals are affected by the following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change 
 Policy 3 - General Urban Areas and Settlements
 Policy 5 - Development Management and Placemaking 
 Policy 9 - Network of Centres and Retailing 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Introduction
Full planning permission is sought for the use of a dwellinghouse as a dental practice
(Class 1A) and associated external alterations.  The main issues to be addressed in
the determination of this application include the acceptability in principle of the
proposed development, its layout, siting and design, and an assessment of technical
matters.  The policies contained within National Planning Framework 4 and the South
Lanarkshire Local Development Plan 2 are the main consideration in this case,
together with an assessment of any other material planning considerations. 
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10.2. Principle of Development
Policy 3 - General Urban Areas and Settlements of the SLLDP2 seeks to maintain the
character and amenity of existing urban areas and settlements by supporting
appropriate, well-designed development within defined settlement boundaries.  The
policy encourages proposals that enhance the quality of life for residents while
avoiding any unacceptable impact on the environment or local infrastructure. 
10.3. Policies 3 and 5 collectively set out that development within settlements will generally
be supported where it does not result in a significant adverse impact on residential
amenity, the wider community, or the established character of the area.  Proposals are
expected to respect and integrate with the local context and built form.  Policy 5 further
requires that all developments provide suitable access arrangements, including
adequate parking provision and good connections to public transport. 
10.4. The proposed change of use will provide vital additional healthcare services for local
residents and the wider community, while supporting the expansion of an established
local business.   
The proposal would also create a small number of new full-time employment
opportunities, contributing positively to the local economy.  The site is located within
an established residential area where dental practices are generally considered
acceptable uses. 
10.5. Given the nature of the use, which would operate during daytime hours, and having
regard to the limited increase in activity associated with the proposal, it is not
considered that the development would give rise to an unacceptable level of noise or
disturbance to neighbouring residential properties.  Its close proximity to, and walking
distance from, the East Kilbride Strategic and Town Centre and a designated Local
Centre ensures that it will be easily accessible to both local residents and the wider
community.  The site is well served by public transport, with nearby bus routes
providing sustainable access for patients and staff.  Although on-street parking in the
vicinity is limited, the proposal includes adequate on-site parking provision to serve
the extended dental practice. 
10.6. Overall, the proposed use of the dwellinghouse as a dental practice is considered
acceptable in principle, in accordance with the aims of Policies 3 and 5 of the SLLDP2. 
10.7. Climate Change
NFP4 Policy 1 - Tackling the Climate and Nature Crises and NPF4 Policy 2 - Climate
Mitigation, along with Policy 2 of SLLDP2, seek to ensure that new development
proposals minimise and mitigate the impacts of climate change wherever possible.  In
this case, the proposal involves relatively minor alterations to a currently vacant
dwelling to bring it back into productive use, and it is not expected to result in any
significant impact on the local environment or climate.  As such, the proposal is not
considered to be in conflict with NPF4 Policies 1 and 2, or with SLLDP2 Policy 2. 
10.8. Layout, Siting and Design
Policy 5 of the SLLDP2 seeks to ensure that all new development proposals are
appropriately designed and scaled, with no adverse impact on residential amenity. 
Proposals are required to be well designed and integrated with the surrounding area. 
Policy 14 of NPF4 further emphasises that all development should enhance the quality
of an area and reflect the six qualities of a successful place: healthy, pleasant,
connected, distinctive, sustainable, and adaptable. 
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10.9. The proposal involves minor external alterations to accommodate the expansion of the
existing dental practice.  The most notable changes include the replacement of two
doors with windows on the front and rear elevations.  No other external changes to the
existing dwelling are proposed, with all remaining works being internal and therefore
outwith the scope of this application.  These alterations are modest in scale and design
and are considered acceptable in the context of the existing building and surrounding
area.  They will not result in any adverse impact on residential amenity in terms of
privacy, overlooking, or overshadowing, nor will they impact on the overall character
of the streetscape. 
10.10. Other Issues
The representations have raised concerns regarding traffic generation and road
safety.  However, these matters have been addressed within the submitted Parking
and Traffic Plan Supporting Statement.  The statement explains that the proposed
expansion will be implemented gradually, with one new surgery opening in 2026 and
another in 2027, thereby avoiding any sudden increase in vehicle movements.  At
present, the practice accommodates approximately 40 patients per day.  The addition
of two surgeries is expected to result in around eight additional patients per day in
2026, and a further similar increase in 2027.  Given that a proportion of patients are
likely to walk or use public transport, the overall increase in traffic is anticipated to be
modest.  It is therefore considered that the level of traffic generated by the proposal
would be acceptable within this established residential area, particularly given its close
proximity to the Local Centre and access to sustainable transport options. 
10.11. In addition, several representations refer to a recent road traffic accident and concerns
about vehicles parking on pavements and blocking driveways.  However, there is no
evidence to demonstrate that these matters are attributable to customers of the
existing dental practice, nor that they would be materially intensified by customers of
the extended practice.  It is noted within the representations themselves that
Whitemoss Road is also used by parents accessing the nearby school, as well as by
those parking in the area to access Town Centre shopping facilities. 
10.12. Concerns have also been raised regarding the potential reduction of local housing
stock arising from the proposed change of use.  However, the loss of a single dwelling
within this established residential area is not considered significant in the context of
the overall housing supply in East Kilbride.  The proposal represents the expansion of
an existing community facility that provides an essential local healthcare service,
which offers wider public benefit.  Furthermore, the property lies in close proximity to
the East Kilbride Strategic and Town Centre and a designated Local Centre, where
such service-based uses are generally encouraged due to their accessibility and
contribution to community infrastructure.  On this basis, the proposed change of use
is considered acceptable and the limited impact on local housing stock is outweighed
by the social and economic benefits of the development. 
10.13. Technical Matters
With regard to technical considerations, it is noted that the Council’s Roads,
Transportation and Fleet Services have no objections to the proposal, subject to the
inclusion of a condition requiring the hedge and/or foliage along the site boundary to
be reduced to a maximum height of 1.05 metres and thereafter maintained at this
height.  This condition can be included on the decision notice to ensure that visibility
is maintained at a safe level in the interests of public safety. 
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10.14. Representations raised matters relating to potential road safety impacts arising from
vehicles reversing from the proposed car park.  However, the submitted parking layout
has been assessed by the Council’s Roads, Transportation and Fleet Services and is
considered acceptable.  The proposal provides an adequate level of off-street parking,
with a layout demonstrating that vehicles can enter and exit the site in forward gear,
and accordingly no adverse impact on road safety is anticipated. 
10.15. In relation to surface water management, a condition can be imposed requiring the
parking area to be properly surfaced and drained so as to prevent surface water or
deleterious material from running onto or entering the public road.  This condition can
be included on the decision notice to ensure the proposal does not give rise to traffic
safety issues or increase the risk of surface water flooding. 
10.16. Conclusion 
In summary, following a detailed assessment, it is concluded that the use of a
dwellinghouse as a dental practice (Class 1A) and associated external alterations
would not have a significant impact on the residential or visual amenity of the
surrounding area.  The proposal complies with the relevant policies of the development
plan and there are no material considerations that would justify refusal of consent. 
The application is recommended for approval. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant full planning permission subject to 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 the development hereby approved is completed or brought into
use the hedge foliage along the boundary of the site should be reduced to no
more than 1.05m in height and thereafter maintained at this height. 
Reason: In the interests of visibility and public safety. 
03. That prior to the commencement of works on site, parking area drainage
design details that prevent surface water and deleterious material from
draining onto the public road shall be submitted to and approved in writing by
the Planning Authority. 
Reason: In the interests of public safety and surface water management. 
12. Reason for Decision
12.1. The proposal complies with the provisions of Policies 1, 2, 14 and 27 of National
Planning Framework 4 (2023), and Policies 2, 3, 5 and 9 of the adopted South
Lanarkshire Local Development Plan 2 and would have no significant adverse impact
on amenity, public safety and the local environment.  
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Kevin Carr
Executive Director (Community and Enterprise Resources) 
Date: 16 February 2026 
Background Papers
Further information relating to the application can be found online: 
P/25/1545 | Use of dwellinghouse as dental practice (Class 1A) and associated external
alterations | 13 Whitemoss Road East Kilbride G74 4JB 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:- 
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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