Agenda Document Pack - Planning Committee - 25/06/2024
South Lanarkshire Council · 25 June 2024
Back to Planning Committee — 25 June 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 17 June 2024 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, 25 June 2024 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, Elise Frame, Alistair Fulton, Celine Handibode, Graeme Horne, Ross Lambie, Martin Lennon, Monique McAdams, 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, Martin Hose, Julia Marrs, Ian McAllan, Kenny McCreary, Bert Thomson 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of meeting of the Planning Committee held on 28 May 2024 submitted for approval as a correct record. (Copy attached) 5 - 8 Item(s) for Decision 3 Masterplan Consent Areas Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 9 - 12 4 Application P/21/0225 for Importation of Inert Waste to Remediate Former Reservoir to Woodland Including Operation of an Inert Construction Waste Recycling Facility at Boghead Reservoir, Bellscroft Road, Boghead, Lanark Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 13 - 20 5 Application P/22/1224 for Extraction and Processing of Hard Rock Aggregates by Quarrying Methods - Section 42 Application to Vary Condition 41 (Relocation of Ethylene Pipeline) and Condition 43 (Confirmation of Predicted Vibration Levels) of Planning Consent P/20/0514 at Duneaton Quarry, B7078 from Millbank to Abington, Crawfordjohn, Biggar Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 21 - 30 6 Application P/23/1293 for Extraction and Processing of Hard Rock Aggregates by Quarrying Methods (Section 42 Application to Vary Condition 1 of Planning Consent P/20/0514, to Permit an Extended Period for the Extraction of Reserves from 2 June 2029 to 2 June 2036) at Duneaton Quarry, B7078 from Millbank to Abington, Crawfordjohn, Biggar Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 31 - 46 7 Application P/23/1289 for Formation of Football Pitch/Sports Facility and Installation of 6 x 15 Metre High Floodlights, Refurbishment and Extension of Larkfield Hall, Formation of Additional Parking, Re-Alignment of Existing Footpaths, Erection of Fencing Enclosing Pitch and Associated Alterations at Land Adjacent to Stonefield Road and Larkfield Neighbourhood Hall, Blantyre Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 47 - 58 8 Application P/24/0243 for Change of Use of Retail Premises (Class 1A) to Gymnasium (Class 11) at Unit 3, Braidfute Retail Park, Old Market Road, Lanark Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 59 - 68 2
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9 Application P/24/0278 for External Alterations Associated with the Change of Use of a Betting Office to a Restaurant Including the Formation of a Flue at 4A Cullen Road, East Kilbride Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 69 - 76 10 Application P/24/0297 for Change of Use of Farm Steading to Form 2 Dwellings, Restoration of Farmhouse to Form 1 Dwelling, Erection of 3 Houses and Associated Access Improvements - Further Application Under Regulation 11 to Amend Layout and Design of 1 of the Houses Approved Under Application P/22/0345 at Orchard Farm, Waygateshaw Road, Carluke Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 77 - 96 11 Application P/24/0329 for Demolition of Existing Building and Erection of 4 Terraced Houses with Associated Parking and Landscaping at 26 Church Street, Larkhall Report dated 17 June 2024 submitted by the Executive Director (Community and Enterprise Resources). (Copy attached) 97 - 106 Urgent Business 12 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 28 May 2024 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Archie Buchanan, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Norman Rae, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Elise Frame, Councillor Alistair Fulton, Councillor Ross Lambie, Councillor Martin Lennon, Councillor Monique McAdams, Councillor John Ross Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning and Building Standards Manager (East); T Finn, Planning and Building Standards Manager (Headquarters); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 30 April 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 South Lanarkshire Development Plan Scheme 2024 and Local Development Plan 3 Update A report dated 20 May 2024 by the Executive Director (Community and Enterprise Resources) was submitted:- ♦ requesting approval of the South Lanarkshire Development Plan Scheme 2024, attached as Appendix 1 to the report ♦ providing an update on progress made in the preparation of the South Lanarkshire Local Development Plan 3 (SLLDP3) 2 5
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The Development Plan Scheme (DPS), which was required to be published annually, set out South Lanarkshire Council’s timetable for the preparation of its local development plan and included:- an explanation of what the local development plan was a timetable for the preparation of SLLDP3 details of community engagement in the planning process and how relevant stakeholders, including residents, could get involved In line with updated national guidance and legislation, the South Lanarkshire Local Development Plan 3 would be place-based and presented as a series of maps, site briefs and masterplans for individual sites and localities. The Plan would be a corporate document and a vehicle for the delivery of outcomes by drawing on the Council’s strategies and plans, including the objectives of the Council Plan, Connect 2022 to 2027, as well of those of its partners and other stakeholders, including the South Lanarkshire Community Planning Partnership’s Community Plan 2022 to 2032. SLLDP3 would include a Delivery Programme detailing how the Council would implement the Plan and the associated timescales. The Council was required to engage with key agencies whilst preparing the Plan including NatureScot, SEPA, Scottish Water, Scottish Enterprise, NHS Lanarkshire and the Regional Transport Partnership. It was also required to engage with a range of groups including children and young people, disabled persons, Gypsies and Travellers and Community Councils. The Participation Statement in the DPS had been developed to reflect those requirements and detailed the work on engagement that would be undertaken over the next 6 months. The DPS also included an updated timetable in relation to the following stages over the next 12 months, details of which were included in the report:- drafting of the evidence report early engagement gate check There followed a discussion during which an officer responded to members’ questions on aspects of the report. The Committee decided: (1) that the South Lanarkshire Development Plan Scheme 2024, attached as Appendix 1 to the report, be approved and published on the Council’s website; and (2) that the update on progress made in the preparation of the South Lanarkshire Local Development Plan 3 (SLLDP3) be noted. [Reference: Minutes of 8 August 2023 (Paragraph 3)] 4 Application P/23/1372 for Demolition of Double Garage (Conservation Area Consent) at Vacant Land at Ladyacre Road, Lanark A report dated 20 May 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1372 by West of Scotland Housing Association and Zoom Developments Limited for the demolition of a double garage (conservation area consent) at vacant land at Ladyacre Road, Lanark. 6
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There followed a discussion on the application during which officers responded to members’ questions on aspects of the report. Councillor Nelson, seconded by Councillor Convery, moved that the application be refused for the reason detailed in the Executive Director’s report. Councillor Scott, seconded by Councillor McDonald, moved that the application be deferred to a future meeting of the Planning Committee to allow negotiations to continue with the applicant. On a vote being taken using the electronic voting system, 8 members voted for the amendment and 11 for the motion which was declared carried. The Committee decided: that planning application P/23/1372 by West of Scotland Housing Association and Zoom Developments Limited for the demolition of a double garage (conservation area consent) at vacant land at Ladyacre Road, Lanark be refused for the reason detailed in the Executive Director’s report. Councillor Ross joined the meeting during consideration of the above item of business and was, therefore, unable to participate in the vote 5 Application P/23/1373 for Demolition of Detached Double Garage and Erection of 39 Flats with Car Parking, Cycle Storage, Landscaping and Associated Facilities at Vacant Land at Ladyacre Road, Lanark A report dated 20 May 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1373 by West of Scotland Housing Association and Zoom Developments Limited for the demolition of a detached double garage and erection of 39 flats with car parking, cycle storage, landscaping and associated facilities at vacant land at Ladyacre Road, Lanark. The Committee decided: that planning application P/23/1373 by West of Scotland Housing Association and Zoom Developments Limited for the demolition of a detached double garage and erection of 39 flats with car parking, cycle storage, landscaping and associated facilities at vacant land at Ladyacre Road, Lanark be refused for the reasons detailed in the Executive Director’s report. 6 Application P/23/1543 for Demolition and Rebuild of 2-Storey House at 9 Sunningdale Wynd, Bothwell A report dated 20 May 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1543 by A Waseem for the demolition and rebuild of a 2-storey house at 9 Sunningdale Wynd, Bothwell. At its meeting on 12 March 2024, the Committee deferred the application to a future meeting to allow further information to be provided regarding construction arrangements, in terms of public safety on Sunningdale Wynd. Following discussion, during which an officer responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Devlin, seconded by Councillor Donnelly, moved as an amendment that the application be deferred to allow a site visit to be carried out. On a vote being taken using the electronic voting system, 7 members voted for the motion, 1 member abstained and 12 members voted for the amendment which was declared carried. 7
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The Committee decided: that planning application P/23/1543 by A Waseem for the demolition and rebuild of a 2-storey house at 9 Sunningdale Wynd, Bothwell be deferred to a future meeting of the Planning Committee to allow a site visit to be carried out. [Reference: Minutes of 12 March 2024 (Paragraph 12)] 7 Urgent Business There were no items of urgent business. 8
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Report Agenda Item Checked Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Subject Masterplan Consent Areas 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] update members on current planning legislation on Masterplan Consent Areas seek approval for the Council’s statement on its approach to Masterplan Consent Areas as set out in Appendix 1 of the report 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the statement setting out the Council’s approach to Masterplan Consent Areas, as set out in Appendix 1 of the report, be approved. 3. Background 3.1. The Planning (Scotland) Act 2019 introduced the ability for Planning Authorities to prepare Masterplan Consent Area (MCA) schemes for their area. MCA schemes act as a grant of authorisation of the following statutory consents for the carrying out of development that is specified in the scheme:- planning permission roads construction consent listed building consent conservation area consent The authorisation is subject to conditions, limitations and exceptions which can cover matters such as design, environmental issues and development standards. Within adopted MCA areas, development can be brought forward without the need for the submission of these applications if it is in line with the agreed scheme. 3.2. MCAs will set out the Council’s aspirations for new development including new construction and changes to the use of land and buildings which contribute towards the regeneration of areas. Matters that can be considered include infrastructure, new roads and streets, energy developments, business development, new homes and services, and conversions to bring empty buildings, including listed buildings back into use. The preparation of a MCA scheme would be led by the Council with collaboration with stakeholders and would show the type and quality of development to be provided. 3 9
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3.3. The Act sets out the legal framework for preparing MCAs, however, it should be noted these provisions are not yet in force. In association with this, the Scottish Government recently published a consultation on draft regulations on the procedures to prepare MCAs. 4. Duty to Consider Making MCA Schemes 4.1. The Act places a duty on the Council to consider whether it is desirable to make an MCA scheme at least once every 5 years. It must publish a statement showing how this duty has been fulfilled including what has been decided and the reasons for the decision. This must be carried out within 5 years of the Act receiving Royal Assent ie 24 July 2024. 4.2. Guidance on this duty was published by the Scottish Government on 19 March 2024. It recognises that it will not be possible for any Planning Authority to make an MCA as the Regulations are not in place. However, it states authorities should still consider how they wish to make use of the provisions once they are in effect. 4.3. The guidance on preparing the statement includes suggested text that can be used to reflect the current situation. Two options are available. Firstly, to cover cases where an authority has held initial discussions with stakeholders and landowners and developers about the potential to take forward an MCA. Secondly, one that acknowledges the Regulations are not in pace so that potential locations have not been identified or assessed but that the position will be reviewed once the Regulations have been published. 5. Next Steps 5.1. The Council is required by 24 July 2024 to fulfil its legal obligations under the Town and Country Planning (Scotland) Act as amended, by providing either a Scheme for Masterplan Consent Areas that have already been identified or a statement of intent to reconsider the Council’s position once the regulations are in place. 5.2. In a South Lanarkshire context, the appropriateness of bringing forward MCAs will be fully assessed during the preparation of the proposed South Lanarkshire Local Development Plan 3. As a result, it is considered appropriate that the Council’s statement be based on the second option described above. The proposed statement for the Council is attached as appendix 1 of the report. 5.3. If members agree to this approach the statement will be published on the Council’s website. 6. Employee Implications 6.1. There are no additional employee implications in preparing the statement. 7. Financial Implications 7.1. The carrying out of the duty to prepare the statement has no financial implications. It is noted, however, that no funding has been made available to Council’s should they be considering introducing a Masterplan Consent Area. 8. Climate Change, Sustainability and Environmental Implications 8.1. The statement has no implications in terms of climate change, sustainability, or impact on the environment. 10
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9. Other Implications 9.1. The statement of intent is legislatively required and failure to comply by the date required carries a reputational risk and challenge to a plan-led approach to site delivery. 10. Equality Impact Assessment and Consultation Arrangements 10.1. The statement of intent is legislatively required to comply with the Planning (Scotland) Act 2019 and, as such, is not required to be assessed in terms of its impact on equality issues. In addition, consultation is not required to be carried out. David Booth Executive Director (Community and Enterprise Resources) 17 June 2024 Link(s) to Council Values/Priorities/Outcomes Good quality, suitable and sustainable places to live Background Papers Planning (Scotland) Act 2019 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tony Finn, Planning and Building Standards Manager (Headquarters) Ext: 5105 (Tel: 01698 455105) E-mail: tony.finn@southlanarkshire.gov.uk 11
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Appendix 1 Background / Introduction The Planning (Scotland) Act 2019 introduced Masterplan Consent Areas (MCAs) as a new proactive consenting mechanism. South Lanarkshire Council will in future be able to prepare Masterplan Consent Area schemes as part of a placemaking approach to planning and consenting. It is a new way for the Council to shape new development in our area – enabling the type and quality of development we wish to come forward through a consenting masterplan, and to support delivery of development that can support local needs, priorities and outcomes. Unlike planning applications which are typically led by a developer, the preparation of MCA schemes will be led by the planning authority but can be taken forward through collaboration. The new provisions will allow the Council to prepare an MCA ‘Scheme’ setting out for particular places, the detail of what they are giving consent for, through the MCA scheme. There will be requirements for publicity and consultation on individual schemes. MCA schemes can streamline consent, allowing issues to be considered as part of a joined up approach, they can grant:- • planning permission; • roads construction consent; • listed building consent; and • conservation area consent. Within adopted MCA areas, development could be brought forward without the need for a full application as long as it is in line with the agreed scheme. Consideration of the Duty to periodically consider making MCA schemes Part 2 of the 2019 Act (Section 15) sets out the legal framework for preparing MCAs. The full provisions from the Act relating to MCAs and the associated regulations are not yet in force. It is anticipated that the MCA provisions will be fully in place later in 2024. Schedule 5A Paragraph 5 of the Act is in force and requires planning authorities to consider whether it would be desirable to make a scheme for a part or parts of their district. As the MCA regulations are not yet in place, the Council has not yet identified or assessed potential locations for which it may be desirable to bringing forward an MCA scheme. It is intended to consider this once the legal basis for preparing MCAs is in place. The Scottish Government has indicated that MCAs could be used to support delivery of the local development plan. The Council will consider whether it would be desirable to make any Masterplan Consent Areas as part of the work on the preparation of its Local Development Plan 3. This Statement fulfils the Council’s legal requirements under Schedule 5A Paragraph 5 of the Town and Country Planning (Scotland) Act, as amended. 12
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Report Agenda Item Checked Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/21/0225 Proposal: Importation of Inert Waste to Remediate Former Reservoir to Woodland Including Operation of an Inert Construction Waste Recycling Facility Site Address: Boghead Reservoir Bellscroft Road Boghead Lanark Applicant: Enviro-Clean (Scotland) Limited Agent: AED Consultant Services Ltd Ward: 04 – Clydesdale South Application Type: Detailed Planning Application Advert Type: Non-notification of neighbours: Lanark Gazette 23 February 2021 Bad Neighbour: Lanark Gazette 23 February 2021 Development Plan Compliance: No Departures: Not applicable Recommendation: Refuse Legal Agreement: Not applicable Direction to Scottish Ministers No 4 13
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Clause 5.1 of the Decision-Making Process 2015 as it constitutes a major planning application. 2. Site Description 2.1. The application site consists of the former Boghead Reservoir which was constructed in the 1920’s but ceased to be used as a reservoir in the 1980s and was subsequently used by Scottish Water as a storage depot. The site was sold in 1999 since when parts of the site have been subject to clay extraction. 2.2. The site is 3.5km to the south west of Kirkmuirhill and extends to 7.5 hectares in area. It is served by a private access road and the surrounding area is predominantly agricultural and forestry plantation with active mineral extraction being carried out 1km to the west at Dunduff Quarry. There are a number of residential properties within 1km of the site, the nearest being Bellscroft which is 570m from the reservoir and 45m from the access road. 3. Description of Proposed Development 3.1. The application proposes the restoration of the former reservoir and the infilling of the reservoir bowl with inert aggregate waste. It is suggested that an average of 150,000 tonnes of inert material will be imported per annum which would mean a period of 10 years being required to complete the proposed works. It is also proposed to reclaim and recycle any inert materials that can be reused by the construction industry. This would involve a crushing and screening process and the provision of on-site plant and machinery. Once the infilling is complete the site would be restored to a mix of meadow and woodland. 4. Relevant Planning History 4.1. There have been no recent applications for development at the application site. A range of works not requiring planning permission were carried out as part of the process for removing the reservoir from the reservoir register. 5. Supporting Information 5.1. The applicant has submitted a number of supporting documents with the application, including a supporting statement which addresses a range of issues. 6. Consultations 6.1. Environmental Services – no objections subject to compliance with environmental standards on noise and dust. Response: Noted. These matters could be covered by condition if consent were granted. 6.2. Lesmahagow Community Council – raise a number of concerns including:- Dusts and noise levels The access road being used by local walkers Increased traffic Potential flood risk The type of materials to be processed Response: Noted. 6.3. Roads and Transportation Services – having considered the Transport Statement submitted with the application recommend the deferral of a decision until a range of concerns have been considered and addressed by the applicants. These include:- 14
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The existing carriageway widths on Bellscroft Road will not support two way HGV movement and result in verge overrun and damage to the public road Conflict with existing residential traffic and walkers Conflict with the operations of the nearby Dunduff Quarry. The applicant should carry out an assessment of the haul route between the B7078 and A71. Clarification on whether abnormal loads will be required Detailed drawings and a Road Safety Audit should be submitted for the access proposals Further details of sightlines that can be achieved should be submitted including evidence that third party agreement has been reached where necessary Further assessment should be carried out in terms of the potential traffic impact throughout the area Response: Noted. The applicant has been advised about these comments but to date no response has been received. 6.4. Flood Management (Roads and Transportation Services) – a Flood Riak assessment should be submitted. Response: The applicant has been advised about these comments but to date no response has been received. 7. Representations 7.1. Following the advertisement of the application in the local paper and the carrying out of neighbour notification, 393 letters of objection were received. The issues raised are summarised as follows:- Impact on the amenity of local residents and the wider area Additional traffic through local villages and past Bent Primary School Impact on biodiversity Impact on local walkers Increase in pollution The site would become a dumping ground for inert waste The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 12 – Zero Waste 15
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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 Development Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 17 – Waste 9. Guidance 9.1. None 10. Assessment and Discussion 10.1. The application proposes the restoration of the former Boghead reservoir and the infilling of the reservoir bowl with inert aggregate waste. It is also proposed to reclaim and recycle any inert materials that can be reused by the construction industry. This would involve a crushing and screening process. Once the infilling is complete the site would be restored to a mix of meadow and woodland. 10.2. Policy 12 - Zero Waste in National Planning Framework 4 states that, in general terms, development proposals will seek to reduce, reuse, or recycle materials in line with the waste hierarchy. They will be supported where they minimise demolition and salvage materials for reuse; minimise waste, reduce pressure on virgin resources and enable building materials, components and products to be disassembled, and reused at the end of their useful life; use materials with the lowest forms of embodied emissions, such as recycled and natural construction materials; and use materials that are suitable for reuse with minimal reprocessing. 10.3. In addition, proposals for waste infrastructure and facilities will be only supported where there are no unacceptable impacts (including cumulative) on the amenity of nearby dwellings, local communities; the transport network; natural and historic environment assets; environmental (including cumulative) impacts relating to noise, dust, smells, pest control and pollution of land, air and water are acceptable; any greenhouse gas emissions resulting from the processing and transportation of waste to and from the facility are minimised; an adequate buffer zone between sites and sensitive uses such as homes is provided taking account of the various environmental effects likely to arise; and a restoration and aftercare scheme (including appropriate financial mechanisms) is provided and agreed to ensure the site is restored. 10.4. Policy 17 – Waste in the adopted South Lanarkshire Local Development Plan 2 states the Council will ensure that proposals for waste management facilities such as landfill and waste recycling will be assessed against a range of criteria including impact on local communities and the natural and historic environment; local environmental effects such as noise, dust, odour, air quality and water contamination; the hours of operation; traffic volumes and the impact on the local road network and road safety; and suitability of restoration and aftercare proposals. In addition, Policy 5 – Development Management and Placemaking states that proposals should have no unacceptable impact on the local community and the environment. In particular, development should provide suitable access and have no adverse implications for public safety. As well as these policies others set out in 8.3 above are also relevant. 16
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10.5. In very general terms the infilling of the former reservoir with inert material together with the reclamation and recycling of this material for use in the construction industry accords broadly with the planning policy position on this form of development. 10.6. Nevertheless, the appropriateness of the proposed development in respect of a wide range of criteria must be demonstrated for the proposals to be acceptable. In this particular case Roads, Transportation and Fleet Services have raised a number of issues that require to be addressed and these are summarised above. The applicants have been advised of these concerns but to date have failed to submit additional information to allow a full assessment of the impact on the local road network and road safety to be carried out. Similarly, a flood risk assessment requested by the Flood Management Team has also not been provided. 10.7. A significant amount of objection has been received from local residents and from Lesmahagow Community Council. Among the concerns raised are the impact of the increased traffic levels on local roads and nearby settlements with reference being made to the proximity of Bent Primary school to the haul route and the use of the area by local walkers. In addition, the potential flood risk associated with the proposals has also been highlighted as a concern. 10.8. The failure of the applicants to submit information to address these issues has meant the application remains undetermined 3 years after being first received. It is considered appropriate to now determine the application. The assessment in this report focusses predominantly on the implications of the proposals on road safety and flood risk and the inability to fully assess this aspect of the application. A detailed assessment against other criteria has not been carried out due to the fundamental concerns about the impact on these two key issues. 10.9. Conclusion In conclusion, the failure of the applicant to submit additional information means it has not been demonstrated that the proposed development complies with the Development Plan. It is considered to be contrary to Policy 12 – Zero Waste of National Planning Framework 4 (NPF4) and Policies 5 – Development Management and Placemaking and 17 - Waste of the adopted South Lanarkshire Local Development Plan 2. It is, therefore, recommended that the Planning Committee refuse the application. 11. Recommendation and Reason 11.1. The Committee is asked to agree the following recommendation:- Refuse the application for the following reason:- 01. The applicant has failed to submit additional information in respect of the impact of the proposed development on road safety and flood risk. As a result, the proposals are contrary to Policy 12 – Zero Waste of National Planning Framework 4 (NPF4) and Policies 5 – Development Management and Placemaking and 17 - Waste of the adopted South Lanarkshire Local Development Plan 2 as it has not been demonstrated that there would not be an adverse impact on road safety and flood risk. 17
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David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 Background Papers Further information relating to the application can be found online:- P/21/0225 | Importation of inert waste to remediate former reservoir to woodland including operation of an inert construction waste recycling facility | Boghead Reservoir - Disused Bellscroft Road Boghead Lanark South Lanarkshire Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 18
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Report Agenda Item Checked Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/22/1224 Proposal: Extraction and Processing of Hard Rock Aggregates by Quarrying Methods - Section 42 Application to Vary Condition 41 (Relocation of Ethylene Pipeline) and Condition 43 (Confirmation of Predicted Vibration Levels) of Planning Permission P/20/0514 Site Address: Duneaton Quarry B7078 from Millbank to Abington Crawfordjohn South Lanarkshire Applicant: Mr Alistair Hodge, Hodge Plant Ltd Agent: Mr William Booth, Dalgleish Associates Ltd Ward: 03 – Clydesdale East Application Type: Modification, Variation or Removal of Planning Condition Advert Type: EIA Report Submitted: Edinburgh Gazette 30 September 2022 Environmental Impact Assessment (EIA) Report Submitted: Lanark Gazette 28 September 2022 and 15 May 2024 Non-notification of neighbours: Lanark Gazette 28 September 2022 and 15 May 2024 Bad Neighbour: Lanark Gazette 28 September 2022and 15 May 2024 Development Plan Compliance: No Departures: Not applicable Recommendation: Refuse Legal Agreement: Not applicable Direction to Scottish Ministers No 5 21
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Clause 5.1 of the Decision-Making Process 2015 as it constitutes a major planning application. 2. Site Description 2.1. The application site consists of an existing hard rock quarry (Duneaton Quarry) which is located to the north of the B7078, approximately 800m west of the Abington Services at Junction 13 of the M74 motorway, some 1.6km to the northwest of the settlement of Abington. The quarry is approximately 12.8 hectares in area. Access is taken directly from the quarry onto the B7078. 2.2. Quarrying commenced in 2009 and extraction is currently permitted until June 2029, following which the site is proposed to be restored. The quarry produces Greywacke (a variety of sandstone) that is used for a range of products in the construction industry, including road surfacing and concrete. 2.3. The application site is on land designated as Rural Area within the adopted South Lanarkshire Local Development Plan 2. A high-pressure gas pipeline, the North West Ethylene Pipeline, owned and operated by Shell Chemicals UK Limited, crosses the south east corner of the application site. This underground pipeline was constructed in 1991/92 and transports Ethylene gas south from Grangemouth to the operator’s petrochemicals plant at Stanlow in Chesire. 3. Description of Proposed Development 3.1. The application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) and is an application for planning permission for the development of land but without compliance with a condition or conditions attached to a previous planning permission. 3.2. The applicant originally sought to delete condition 4 and to vary the wording of condition 43 attached to planning permission P/20/0514 (a previous Section 42 application for the operational quarry to amend/extend the original approved extraction area). 3.3. Condition 41 of application P/20/0514 states:- “That before this planning permission is implemented on site, the ethylene pipeline (North West Ethylene Pipeline) shall be relocated fully outwith the site boundary. Details demonstrating the safe relocation of the pipeline, including all required authorisations from the Health and Safety Executive shall be submitted for the written confirmation of the Planning Authority.” The applicant had requested that this condition be deleted. However, they subsequently sought to vary the wording of condition 41 to read as follows:- In implementing this planning permission, the operator shall provide evidence to the Planning Authority on an ongoing basis that the operator is in full compliance with the relevant requirements of the Mining Code as applied in an adapted form by the Servitude. Without prejudice to the generality of the foregoing, prior to working minerals within the Area of Protection the operator shall provide the Council with a copy of the Notice of Intention served on Shell and confirm that no Counter Notice was served by Shell within the period afforded to Shell under the Mining Code as adapted by the Servitude. In the event that Shell serves a valid Counter Notice, the operator shall not work minerals within the Area of Protection to the extent stipulated under the Counter Notice unless Shell subsequently withdraws the Counter Notice. 22
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In this condition:- “Mining Code” means (i) the provisions of Part II of and the First, Second and Third Schedules to the Mines (Working Facilities and Support) Act 1923 which were substituted in place of Sections 71 to 78 inclusive of the Railway Clauses Consolidation (Scotland) Act 1845 or (ii) Sections 71 to 78 inclusive of the Railway Clauses Consolidation (Scotland) Act 1845 as they are in force during the period of this planning permission to the extent that such provisions include more stringent provisions regarding the protection of the pipeline than the provisions of the Mining Code as introduced in the said 1923 Act. “Servitude” means the Grant of Servitude containing Disposition by George Hodge to Shell Chemicals UK Limited, recorded in the General Register of Sasines for the County of Lanark on 6 February 1992 and which is now registered against the subjects registered in the Land Register of Scotland under Title Number LAN 22964. “Shell” means Shell UK Limited or any other entity which from time to time is the “Company” as defined in the Servitude. “Area of Protection”, “Notice of Intention” and “Counter Notice” have the meanings given in the Mining Code as adapted by the Servitude. 3.4. Condition 43 of planning application P/20/0514 states:- “That before this planning permission is implemented on site but following the relocation of the pipeline required by condition 41, the operator shall obtain, and provide to the Planning Authority, written confirmation from Shell UK that the predicted vibration levels at their apparatus within the vicinity of the site are within parameters acceptable to them.” The applicant has requested that condition 43 be varied to read:- “Vibration levels from the development authorised by this permission when measured at the relocated Shell pipeline shall not exceed 50 mm/s ppv.” 3.5. If successful, the effect of a Section 42 application to modify a planning condition or conditions is to grant a further planning permission for the whole development but with the amended condition or conditions replacing those that were previously issued, or with conditions removed if required. All other conditions, if relevant, are also required to be attached to any new planning permission. If the proposed changes to the condition or conditions are deemed unacceptable, then Section 42 of the Act requires the application to be refused. Any refusal of an application under Section 42 of the Act does not have any effect on the original planning permission which remains intact. 4. Relevant Planning History 4.1. An application for planning permission (CL/07/0070) was granted on 4 December 2007 for the extraction and processing of hard rock aggregates by quarrying methods subject to a legal agreement. Following completion of the legal agreement, planning permission was issued on 2 March 2009. The permission was granted with an extraction period of 20 years and 3 months from the date of commencement with a further year allowed for restoration of the site. 23
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4.2. In 2012 an application (CL/12/0236) was made for the formation of a materials recycling facility within the quarry. This application was recommended for approval subject to a legal agreement but was withdrawn at the applicant’s request prior to any decision being made on the application. 4.3. In November 2020, Planning Committee approved a Section 42 Planning Application to amend condition 4 of the original planning permission to allow the quarry extraction area to extend into a southern area that had not previously been identified for extraction (P/20/0514). 4.4. Planning permission was granted in December 2021 for the part change of use of the quarry to allow the recycling of construction waste within an area that had already been worked (P/21/0106). 4.5. A further Section 42 (P/23/1293) has now been submitted by the applicant to permit an extended period for the extraction of reserves from 2 June 2029 to 2 June 2036. This application is the subject of a separate report on the agenda. 5. Supporting Information 5.1. The applicant has submitted a number of supporting documents with the application, including a series of supporting statements setting out the justification for the application, and copies of the original submitted Environmental Statement (ES) documents and figures for the site. 6. Consultations 6.1. Environmental Services – no response to date on the consultation request. Response: Noted. 6.2. Health and Safety Executive (HSE) – provided standard advice in relation to proximity to pipelines and directed the Council to their online enquiry web app for determining whether they would advise against or not advise against certain developments in relation to their proximity to a pipeline. Following completion of the web app in relation to the proposals, the HSE advice was ‘Do not advise against’. Whilst the HSE web app did not advise against the proposals in relation to the site’s proximity to underground pipelines, the existing Shell UK pipeline would require to be relocated before any work could commence on the new extraction area. Although noting that the HSE do not advise against the proposals, it is also noted in their response that they advise that the Council should consider contacting the pipeline operator (Shell UK) before deciding the case. Response: Noted. 6.3. Shell UK Oil – object to the original proposal to delete the conditions and the subsequent change to the description of the proposal to amend the wording of condition 41. They state that both planning conditions are required to remain on any approval for the quarry operation, in the interest of public safety. A summary of their reasoning for objecting to the application is set out in section 10 below. Response: Noted. 7. Representations 7.1 Following the advertisement of the application in the local paper and the Edinburgh Gazette, both at the time of the original submission and the subsequent amendment to the description of the application, no letters of representation have been received. 24
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8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 23 - Health and Safety Policy 33 - Minerals 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 Development Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 19 - Minerals Development Policy MIN1 - Settlements Policy MIN2 - Cumulative Impact Policy MIN3 - Restoration Policy MIN5 - Controlling Impacts from Extraction Sites Policy MIN6 - Community Benefit 9. Guidance 9.1. Planning Circular 3/2015 – Planning Controls over Hazardous Substances states that the aims of European Directive 2012/18/EU must be taken into account in planning decisions by ensuring appropriate safety distances between major hazards and development are maintained. 9.2. Planning Circular 4/1998 – Use of Conditions states that, in relation to section 42 applications, the planning authority can refuse the application if they decide the original conditions should continue. In all cases conditions should meet 6 tests ie they should be:- Necessary Relevant to planning Relevant to the development to be permitted Enforceable Precise Reasonable in all other aspects 25
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10. Assessment and Discussion 10.1. The application has been made under section 42 of the Planning Act to vary the wording of two conditions attached to the planning permission for the quarrying operations at Duneaton Quarry. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. As the proposals involve amendments to an existing consent there is no need to revisit the principle of the development, or any facets of the original consent that do not form part of the proposed amendments. Therefore, in this instance, the assessment of the proposals relates solely to consideration of any impacts that may arise from the variation of the 2 conditions referred to. The main matters for the Council’s consideration are therefore whether the quarry operations would continue to comply with the Development Plan. No changes to the scale, design or layout of the previously approved minerals extraction scheme are proposed. 10.3. In terms of the Development Plan, Policy 5 – Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 states that proposals should have no significant adverse impacts on the local community and the environment and have no adverse implications for public safety. Policy 19 – Minerals Development states that all proposals associated with mineral extraction must be carried out with minimum impact and appropriate mitigation. Similarly, Policy MIN5 – Controlling impacts from extraction sites states that the Council will seek to ensure that all applications for mineral development will not create an unacceptable impact through the generation of noise, dust, vibration, air, and light pollution. 10.4. Since the granting of the original consent National Planning Framework 4 has been adopted by the Scottish Government. Policy 23 – Health and Safety states that proposals within the vicinity of a major accident hazard pipeline should consider the potential impacts of the proposal and the major accident hazard site/pipeline of being located in proximity to one another. This is in order to protect people and places from harm and hazards. Policy 33 – Minerals states proposals for the extraction of minerals will only be supported where they demonstrate that levels (including cumulative impact) of noise, dust, vibration and potential pollution of land, air and water will be acceptable. In addition, Planning Circular 3/2015 – Planning Controls over Hazardous Substances and Planning Circular 4/1998 – Use of Conditions are relevant. 10.5. A number of supporting documents have been submitted by the application in support of the application. They highlight that, whilst the pipeline is owned and operated by Shell UK, the applicant is the landowner and there is a legal agreement (deed of servitude) between both parties. The applicant considers that this deed of servitude with Shell allows them to insist on the relocation of the pipeline to allow their previously approved extraction scheme to commence. The statement also states that the applicant has endeavoured to work with Shell UK, however, the approach taken by Shell UK necessitates the making of this application. Reference is also made to the Mining Code, which is stated as being a clause within the deed of servitude. The Mining Code explains that an area of protection is identified around pipelines, within which the mineral operator is required to serve a Notice of Intention (to work minerals). However, the pipeline owner may serve a counter notice on the mineral operator, preventing mineral works and offering compensation (value based on the agricultural use of the site when the pipeline was installed). They are seeking the variation of condition 41 to accommodate this situation. 26
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10.6. The applicant’s supporting statement also states that the current wording of Condition 43 has the potential to frustrate the intended working of The Mining Code in that it envisages the pipeline being relocated before the 2020 planning permission can be implemented. The purpose of the condition is to ensure that quarrying operations, particularly blasting, do not result in vibration levels at the pipeline which exceeds safe limits. The applicant is seeking to make the wording of the condition more prescriptive, incorporating a maximum vibration level of 50mm/sec Peak Particle Velocity. 10.7. The owner and operator of the pipeline, Shell UK have formally objected to the proposals, stating that the conditions were imposed by the Council in the interests of public safety and are directly linked to the safe operation of the pipeline. Having assessed the information submitted by the applicant, Shell UK consider the proposed changes to the conditions could have serious and significant implications for the pipeline and object to the application and there would be no planning control over the proposed quarry extension in respect of the pipeline. They conclude that conditions 41 and 43 were specifically imposed in the interests of public safety and issues of potential compensation are not a matter of public interest or a material planning consideration. 10.8. The implementation of planning permission P/20/0514 to extend the area of quarrying requires the relocation of an existing portion of the Shell UK’s North West Ethylene Pipeline. The issue of whether the use of conditions to ensure the pipeline is relocated before work starts on quarrying in the area affected by the pipeline is appropriate was addressed fully in the report on that application to the Planning Committee in November 2020. The report highlighted that planning permission was being sought for mineral extraction once the pipeline has been relocated, not whether it is acceptable to relocate the pipeline or to extract minerals whilst the pipeline is in situ. The view taken at the time was that the conditions are necessary to protect public safety. The Local Development Plan remains extant as do the two circulars referred to above. In addition, the policy position in NPF4 reinforces the original decision in relation to the two conditions. The applicants had the opportunity to appeal to Scottish Ministers to delete the conditions but did not. 10.9. There is a legal agreement (deed of servitude) between both the applicants and Shell regarding the pipeline. The applicant continues to assert that the deed of servitude with Shell allows them to insist on the relocation of the pipeline to allow extraction to take place in the area where consent has been granted to extend quarrying activity. However, the view was taken at that time that this is a separate legal matter and does not relate to the Council’s function which is to decide whether or not a proposed development is acceptable and/ or desirable in the public interest. It is not for the Council to review ownership agreements, such as deeds of servitude, to consider their competency or come to a view as to their enforceability when determining a planning application. Rather it has a responsibility to ensure the quarry operates in a manner that is not detrimental to public safety. 10.10. In this respect Circular 4/1998 on the Use of Conditions states that a condition that duplicates the effect of other controls is normally unnecessary. This relates to matters that are controlled by other legislation. It does not extend to private legal agreements. The Council as the Planning Authority does not have a role in resolving disputes between third parties. 10.11. Circumstances since the original decision remain unchanged and the conditions as currently worded are still considered appropriate and reasonable. The existence of a private legal agreement between the parties is not considered to provide sufficient comfort to ensure public safety and therefore, in planning terms, a significant public 27
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safety issue would be outwith planning control if the conditions are deleted. Indeed, the applicants acknowledge that this matter is essentially a private legal matter and does not relate to the function of the Council, which is to decide whether or not a proposal is acceptable in the overall public interest. In this case there is no guarantee that public safety will continue to be protected. 10.12. Conclusion In conclusion, following a detailed assessment, it is considered that the variation of conditions 41 and 43 of planning permission P/20/0514 is unacceptable as it would result in a form of development that would not be subject to adequate planning control to ensure public safety is protected. The proposed deletion of condition 41 is therefore considered to be contrary to policies 23 - Health and Safety and 33 - Minerals of National Planning Framework 4 (NPF4) and policies 5 - Development Management and Placemaking, 19 - Minerals and MIN5 - Controlling Impacts from Extraction Sites of the adopted South Lanarkshire Local Development Plan 2. It is, therefore, recommended that the Planning Committee refuse the application. 11. Recommendation and Reason 11.1. The Committee is asked to agree the following recommendation:- Refuse the further application for the following reason:- 01. The variation of Conditions 41 and 43 of planning permission P/20/0514 as proposed is considered unacceptable as it would result in a form of development that would not be subject to adequate planning control to ensure public safety is protected. It would therefore be contrary to policies 23 - Health and Safety and 33 - Minerals of National Planning Framework 4 (NPF4) and policies 5 - Development Management and Placemaking, 19 - Minerals and MIN5 - Controlling Impacts from Extraction Sites of the adopted South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 Background Papers Further information relating to the application can be found online:- https://publicaccess.southlanarkshire.gov.uk/online- applications/applicationDetails.do?activeTab=summaryandkeyVal=RH6NDNOPH5100 Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 28
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Report Agenda Item Checked Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1293 Proposal: Extraction and Processing of Hard Rock Aggregates by Quarrying Methods (Section 42 Application to Vary Condition 1 of Planning Permission P/20/0514, to Permit an Extended Period for the Extraction of Reserves from 2 June 2029 to 2 June 2036) Site Address: Duneaton Quarry B7078 from Millbank to Abington Crawfordjohn Biggar South Lanarkshire Applicant: Mr Alistair Hodge, Hodge Plant Ltd Agent: Mr William Booth, Dalgleish Associates Ltd Ward: 03 – Clydesdale East Application Type: Modification, Variation or Removal of Planning Condition Advert Type: Non-notification of neighbours: Lanark Gazette 31 October 2023 Bad Neighbour: Lanark Gazette 31 October 2023 Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant subject to conditions Legal Agreement: Not applicable Direction to Scottish Ministers No 6 31
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Clause 5.1 of the Decision-Making Process 2015 as it constitutes a major planning application. 2. Site Description 2.1. The application site consists of an existing hard rock quarry (Duneaton Quarry) which is located to the north of the B7078, approximately 800m west of the Abington Services at Junction 13 of the M74 motorway, some 1.6km to the north west of the settlement of Abington. The quarry is approximately 12.8 hectares in area. Access is taken directly from the quarry onto the B7078. 2.2. Quarrying commenced in 2009 and extraction is currently permitted until June 2029, following which the site is proposed to be restored. The quarry produces Greywacke (a variety of sandstone) that is used for a range of products in the construction industry, including road surfacing and concrete. 2.3. The application site is on land designated as Rural Area within the adopted South Lanarkshire Local Development Plan 2 (2021). A high-pressure gas pipeline, the North West Ethylene Pipeline, owned and operated by Shell Chemicals UK Limited, crosses the south east corner of the application site. This underground pipeline was constructed in 1991/92 and transports Ethylene gas south from Grangemouth to the operator’s petrochemicals plant at Stanlow in Chesire. 3. Description of Proposed Development 3.1. The application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) and is an application for planning permission for the development of land but without compliance with a condition or conditions attached to a previous planning permission. 3.2. The applicant seeks to vary condition 1 attached to planning permission P/20/0514 (a previous Section 42 application for the operational quarry to amend/extend the original approved extraction area). This condition states:- “That all extraction operations on the site shall be discontinued no later than 2 June 2029 and that, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration scheme (as required by condition 2) to the satisfaction of the Council as Planning Authority.” 3.3. The applicant is proposing to extend the extraction period for a further seven years ie 2 June 2036. 3.4. If successful, the effect of a Section 42 application to modify a planning condition or conditions is to grant a further planning permission for the whole development but with the amended condition or conditions replacing those that were previously issued, or with conditions removed if required. All other conditions, if relevant, are also required to be attached to any new planning permission. If the proposed changes to the condition or conditions are deemed unacceptable, then Section 42 of the Act requires the application to be refused. Any refusal of an application under Section 42 of the Act does not have any effect on the original planning permission which remains intact. 4. Relevant Planning History 4.1. An application for planning permission (CL/07/0070) was granted on 4 December 2007 for the extraction and processing of hard rock aggregates by quarrying methods subject to a legal agreement. Following completion of the legal agreement, planning permission was issued on 2 March 2009. The permission was granted with an 32
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extraction period of 20 years and 3 months from the date of commencement with a further year allowed for restoration of the site. 4.2. In 2012 an application (CL/12/0236) was made for the formation of a materials recycling facility within the quarry. This application was recommended for approval subject to a legal agreement but was withdrawn at the applicant’s request prior to any decision being made on the application. 4.3. In November 2020, Planning Committee approved a Section 42 Planning Application to amend condition 4 of the original planning permission to allow the quarry extraction area to extend into a southern area that had not previously been identified for extraction (P/20/0514). 4.4. Planning permission was granted in December 2021 for the part change of use of the quarry to allow the recycling of construction waste within an area that had already been worked (P/21/0106). 4.5. A further Section 42 (P/22/1224) has been submitted seeking to vary the wording of conditions 41 and 43 attached to planning permission P/20/0514. This application is the subject of a separate report on the agenda. 5. Supporting Information 5.1. The applicant has submitted a number of supporting documents with the application, including copies of the original submitted Environmental Statement (ES) documents and figures for the site. 6. Consultations 6.1. Roads, Transportation and Fleet Services – no objections subject to the imposition of the Roads related conditions attached to the original consent. Response: Noted. 6.2. Nature Scot – no objections subject to earlier Protection Plans and Restoration Plans being reviewed and updated where necessary. Response: Noted. This can be addressed by a condition. 6.3. Shell UK Oil – No objections subject to conditions 41 and 43 on the original consent being retained. Response: Noted. The conditions in question were imposed to ensure a pipeline operated and owned by Shell is relocated before quarrying operations move into the area affected by the pipeline. The varying of the wording is subject to a separate application which is reported on elsewhere on the agenda. 7. Representations 7.1. Following the advertisement of the application in the local paper no letters of representation have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 33
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8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 23 - Health and Safety Policy 33 - Minerals 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 Development Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 19 - Minerals Development Policy MIN1 - Settlements Policy MIN2 - Cumulative Impact Policy MIN3 - Restoration Policy MIN5 - Controlling Impacts from Extraction Sites Policy MIN6 - Community Benefit 9. Guidance 9.1. Planning Circular 3/2015 – Planning Controls over Hazardous Substances states that the aims of European Directive 2012/18/EU must be taken into account in planning decisions by ensuring appropriate safety distances between major hazards and development are maintained. 9.2. Planning Circular 4/1998 – Use of Conditions states that, in relation to section 42 applications, the planning authority can refuse the application if they decide the original conditions should continue. In all cases conditions should meet 6 tests ie they should be:- Necessary Relevant to planning Relevant to the development to be permitted Enforceable Precise Reasonable in all other aspects 10. Assessment and Discussion 10.1. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main considerations in this case, together with an assessment of any other material planning considerations. 34
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10.2. In this case the application is made under section 42 of the Act to vary a condition to restrict quarrying operations until 2 June 2029 at Duneaton Quarry. As the proposals involve an amendment to an existing live consent, there is no opportunity for the Planning Authority to revisit the principle of the development, or any facets of the original permission. Therefore, in this instance, the assessment of the proposals relates solely to consideration of any impacts that may arise from an extension of the quarrying period by the further 7 years proposed. The main matters for the Council’s consideration are, therefore, whether the development would continue to comply with the Development Plan based on a further period of quarrying. 10.3. The reference to the quarrying ceasing in 2029 was first made in the decision made on the planning application that established the quarry (CL/07/0070). The applicant has advised that it was anticipated an average annual production rate of 195,000 tonnes per annum would be achieved. However, this figure has only been reached once since the start of operations in 2009 and the average output is 125,000 tonnes per annum. This has resulted in a current reserve of 1.6m tonnes which, based on the average output of 125,000 tonnes annually, equates to around 13 years of production. 10.4. The proposal has been assessed against the relevant policies in the Development Plan. Policy 5 – Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 states that proposals should have no significant adverse impacts on the local community and the environment and have no adverse implications for public safety. Policy 19 – Minerals Development states that all proposals associated with mineral extraction must be carried out with minimum impact and appropriate mitigation. Similarly, Policy MIN5 – Controlling impacts from extraction sites states that the Council will seek to ensure that all applications for mineral development will not create an unacceptable impact through the generation of noise, dust, vibration, air, and light pollution. 10.5. In terms of National Planning Framework 4 Policy 33 – Minerals states proposals for the extraction of minerals will be supported where they do not result in significant adverse impacts on biodiversity, geodiversity and the natural environment, sensitive habitats and the historic environment, as well as landscape and visual impacts; can demonstrate that there are no significant adverse impacts (including cumulative impact) on any nearby homes, local communities and known sensitive receptors and designations; demonstrate acceptable levels (including cumulative impact) of noise, dust, vibration and potential pollution of land, air and water; minimise transport impacts through the number and length of lorry trips and by using rail or water transport wherever practical; and include schemes for a high standard of restoration and aftercare and commitment that such work is undertaken at the earliest opportunity. 10.6. The appropriateness of establishing a hard rock quarry has been determined through the various planning applications submitted to the Council which included a significant range of environmental information being provided. The planning permissions are also subject to a suite of conditions which control and manage the ongoing quarrying activity. There has been no adverse impact on the environment, amenity or the road network since quarrying began. The applicant has explained the extension of the period to cease operations has been driven by production rates not being as extensive as originally anticipated. The proposal to extend the quarrying activity by 7 years is considered acceptable and accords with the provisions of the Development Plan. The same conditions would be attached to the new decision notice if consent is granted. 10.7. In view of the above assessment, it is considered that the proposals to extend the extraction period would not have an adverse impact on the environment, residential amenity and road safety. The recommendation is therefore to approve the application 35
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which in turn will result in a new standalone planning permission being granted. The original conditions would be attached to the decision notice including conditions 41 and 43 which are the subject of a separate report at this Committee. 10.8. Conclusion In conclusion, it is considered that the proposed development is acceptable, and that planning permission be granted, subject to the conditions detailed below. The proposals are considered to be in accordance with the relevant policies of the adopted National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 and it is recommended that the Planning Committee grant the application. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant consent subject to the conditions listed below:- 01. That all extraction operations on the site shall be discontinued no later than 2 June 2036 and that, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration scheme (as required by condition 2) to the satisfaction of the Council as Planning Authority. Reason: To ensure that the site is satisfactorily restored within an acceptable timeframe. 02. That no details of the restoration scheme are hereby approved. Within 12 months of the date of this permission, or unless otherwise agreed in writing by the Planning Authority, a detailed restoration, habitat management and aftercare scheme for the entire site shall be submitted for the written approval of the Council as Planning Authority and the restoration, habitat management and aftercare of the site shall be carried out to the satisfaction of the Council as Planning Authority in accordance with the approved scheme and timescale. Reason: Further details are required on the restoration, habitat management and aftercare proposals to ensure suitable restoration of the site. 03. That if, due to unforeseen circumstances, it becomes necessary or expedient following commencement of works to materially amend the provisions contained within the approved documents or conditions, the developer shall submit for the consideration of the Council as Planning Authority, an amended application and statement of intent: the developer shall adhere to the approved plans until such time as an amended application may be approved by the Council as Planning Authority. Reason: In order that the terms of consent may be considered should a change in operation become necessary. 04. That the site shall at all times be worked in accordance with the operational programme of works as set out in the Environmental Impact Assessment Report dated March 2020 accompanying the application, unless otherwise directed by these conditions or by the prior written approval of the Council as Planning Authority. Reason: To ensure that the Planning Authority retains effective control of the development. 36
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05. That before this planning permission is implemented on site, compliance with the Council's Sustainable Drainage Systems (SuDs) design criteria guidance and inclusive sign off by the relevant parties carrying out the elements of work associated with the design criteria appendices 1 to 5 shall be submitted for the written approval of the Council, as Planning Authority and thereafter be carried out as approved for the lifetime of the development, hereby approved. Reason: In the interests of flood risk and water management. 06. Notwithstanding the details shown on the stamped approved plans, that before this planning permission is implemented on site (including enabling works), the following details shall be submitted to and approved in writing by the Council as Planning Authority, and such details as may be approved, shall be implemented to the satisfaction of the Council as Planning Authority prior to the implementation of the permission hereby approved:- (a) detailed plans and elevations of all buildings, structures and fixed plant to be erected on the site, including the colours and type of external materials to be used; (b) details of the location, design and height of all new fences, walls and gates to be erected within or around the boundaries of the site; (c) a noise monitoring programme (to include provisions relating to equipment used, competence of monitoring personnel, frequency of measurement, programme of implementation, action to be taken when non-compliance is detected, parameters to be recorded, monitoring locations and submission of results to the Council as Planning Authority); (d) a vibration monitoring programme (to include provisions relating to equipment used, competence of monitoring personnel, frequency of measurement, programme of implementation, action to be taken when non- compliance is detected, parameters to be recorded, monitoring locations and submission of results to the Council as Planning Authority); (e) a detailed planting and management plan for the existing Dod Wood and screen bunding, detailing species to be planted, planting densities, tree protection measures, grass seed mixes and long term management proposals to ensure successful establishment. (f) a programme of archaeological works in accordance with a written scheme of investigation detailing methods of recording and recovery of any archaeological resources found. (g) details of the location, type and orientation of any external lighting to be erected. Reason: In order to define the terms of the consent. 07. That in the first available planting season following implementation of this permission, the proposed area of coniferous planting to the south of the compound area and the existing Dod Wood shall be planted, and thereafter managed in accordance with the approved planting and management plan submitted in terms of condition 6(e). Reason: To ensure that screen planting is carried out on site. 08. That before implementation of this permission, details of all soil screening mounds shall be submitted for the written approval of the Planning Authority. Once approved the mounds shall be implemented as such and maintained for the lifetime of the development, hereby approved. 37
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Reason: In the interests of visual amenity. 09. That in the first available planting season following the construction of the soil screening mounds as required by condition 8 shall be planted and thereafter managed in accordance with the approved planting and management plan submitted in terms of condition 6(e). Reason: In the interests of visual amenity. 10. The site shall not operate outwith the hours stated below without the prior written approval of the Council as Planning Authority, and during these hours the site shall be adequately manned and supervised. Weekdays Saturdays Time of Opening 7.00 am 7.00 am Time of Closing 7.00 pm 1.00 pm There shall be no working on Sundays or local bank holidays (with the exception of essential maintenance work), unless otherwise agreed in writing by the Council as Planning Authority. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 (or of any order revoking, amending or re-enacting that Order), no buildings, structures or fixed plant, including that required for lighting the site, other than those approved under conditions 6a and 6k, shall be erected or installed within the site, without the prior written approval of the Council as Planning Authority. Reason: In the interests of maintaining planning control of the site 12. The applicant or subsequent operator(s) shall at all times be responsible for the removal of mud or other materials deposited on the public highway by vehicles entering or leaving the site. Reason: In the interests of road safety. 13. That all laden lorries leaving the site shall be sheeted before entering the public highway. Reason: In the interests of road safety. 14. That for the duration of operations, all road-going mineral carrying vehicles (or other vehicles entering the processing area), shall pass through the operational wheel washing facility prior to entering the public highway. Reason: In the interests of road safety. 15. The section of the access road between the wheel washing equipment and the B7078 shall be maintained in such condition as to prevent ruts, potholes and ponding of water and shall be kept clear of mud and dirt at all times, to the satisfaction of the Council as Planning Authority. 38
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Reason: To minimise the chance of any debris from the site being carried onto the public highway; in the interests of road safety. 16. That with respect to the control of noise resulting from the operations at this site the developer shall comply with the following:- (a) that during the operational hours, as defined by Condition 10, the nominal noise limit from site operations at all noise sensitive properties, in the vicinity of the site, shall not exceed 55 dB(A) LAeq, over any one hour period; (b) that during the non-operational hours the nominal noise limit from site operations at all noise sensitive properties in the vicinity of the site shall not exceed 42 dB(A) LAeq, over any one hour period; (c) that for soil stripping and construction of permanent landforms, during operational hours and for no more than 8 weeks in any 12 month period, the nominal noise limit from site operations at all noise sensitive properties in the vicinity of the site shall not exceed 70 dB(A) LAeq, over any one hour period. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 17. That the operator shall at all times abide by the terms of all noise management contained within the Environmental Impact Assessment Report dated March 2020, including Appendix 1. For the avoidance of doubt, all references within this report to the noise management programme contained within section 10 of the Planning and Environmental Statement dated February 2007 of Planning Permission Ref: CL/07/0070 are considered to require compliance with this document and form part of the noise management programme approved by this condition. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 18. Efficient silencers shall be fitted to and used and maintained in accordance with manufacturer's instructions on all vehicles, plant and machinery used on the site. With the exception of maintenance, no machinery shall be operated with the covers open or removed. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 19. That reversing alarms used on plant and vehicles shall be either non-audible, ambient related, or low tone devices. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 20. That the operator shall minimise dust emissions from the site by every practicable means, and shall at all times operate the site in full accordance with the dust monitoring and management plan contained within Environmental Impact Assessment Report dated March 2020. For the avoidance of doubt, all references within this report to the dust monitoring and management programme contained within section 11 of the Planning and Environmental Statement dated February 2007 of Planning Permission Ref: CL/07/0070 are considered to require compliance with this document and form part of the noise management programme approved by this condition. 39
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Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 21. That, in the event of dust nuisance problems being created by operations on site, the operator shall take all reasonable remedial measures to minimise the transmissions of dust, to the satisfaction of the Council as Planning Authority. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 22. That at all times during operations, water bowsers and sprayers, whether fixed or mobile, shall be used to minimise the emission of dust from the site. If the prevention of dust nuisance by these means is not possible, then the movement of soils, vehicles, etc. shall temporarily cease until such time as the weather conditions improve. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 23. That the developer shall ensure that sufficient water is maintained at all times on site, to address the requirements for dust suppression. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 24. That no blasting shall take place on site outwith the hours of 10.00 hours to 16.00 hours Monday to Friday. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 25. That from the date of this permission until the cessation of operations, each blast shall be numbered consecutively. Ground vibration, as a result of blasting operations, shall not exceed a peak particle velocity of 6mm per second in 95% of each block of 20 consecutively numbered blasts, and no individual blast shall exceed a peak particle velocity of 10mm per second, all as measured at any vibration sensitive property. The measurement to be the maximum of 3 mutually perpendicular directions taken at the ground surface of any vibration sensitive property. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 26. That the developer shall at all times, adopt good blasting practice and so far as is reasonably practical, shall not carry out blasting operations in adverse weather conditions. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 27. That any stripping, stacking and replacement of topsoil shall be carried out when conditions are dry enough to avoid unnecessary compaction of the soils at any stage. The applicant shall give at least 7 days notice to the Council as Planning Authority prior to the commencement of any period of soil movements and the Council as Planning Authority reserves the right to suspend operations 40
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during adverse weather conditions or to impose such conditions as it sees fit for the safekeeping of the topsoil. Reason: To preserve the quality of soils. 28. That the movement of plant, vehicles and machinery on the site shall be carried out in such a manner as to avoid, as far as possible, the crossing of undisturbed, reclaimed or restored land. Reason: To avoid any unnecessary incursion onto parts of the site which are undisturbed or have been restored; in the interests of the general amenity of the site. 29. No operations involving soil lifting/replacement shall take place between the months of October to March inclusive except with the prior written approval of the Council as Planning Authority. Reason: To preserve the quality of soils. 30. That soils shall only be stripped when they are in a suitably dry and friable condition (suitably dry means that the top soil can be separated from the sub soil without difficulty so that it is not damaged by machinery passage over it). Reason: To preserve the quality of soils. 31. That no soil shall be removed from the site. Reason: To ensure sufficient soils are retained on site for restoration purposes. 32. That all soil storage mounds (temporary and permanent) shall be constructed with only the minimum amount of compaction necessary to ensure stability and shall not be traversed by heavy vehicles or machinery except during stacking and removal for re-spreading during site restoration. They shall be graded and seeded with a suitable low maintenance grass seed mixture immediately following their formation. The sward shall be managed in accordance with the appropriate agricultural management techniques throughout the period of storage. Reason: To preserve the quality of soils, and in the interests of the visual appearance of the site. 33. That without the prior written approval of the Council as Planning Authority, no trees within the application site shall be lopped, topped or felled, and the operator shall protect the same from damage. Reason: To safeguard the ancient woodland to the site boundary. 34. That where the outer operational boundary does not coincide with an existing suitable stockproof fence the operator shall provide and erect a stockproof fence, to the satisfaction of the Council as Planning Authority, prior to the implementation of this permission. The fencing shall thereafter be maintained in good condition until final restoration is completed. Reason: To ensure site safety and maintenance of boundary security. 41
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35. All containers being used to store liquids (which have the potential to cause pollution) within the application site shall be labelled clearly to show their contents and located in a bund which shall be at least 110% of the capacity of the largest container stored within it. Bunds shall conform to the following standards:- - The walls and base of the bund shall be impermeable - The base shall drain to a sump - All valves, taps, pipes and every part of each container shall be located within the area served by the bund when not in use; - Vent pipes shall be directed down into the bund; - No part of the bund shall be within 10 metres of a watercourse; - Any accumulation of any matter within the bund shall be removed as necessary to maintain its effectiveness. Reason: To ensure the safekeeping of such liquids. 36. That unless otherwise approved in writing by the Council as Planning Authority, at the completion of final restoration, all remaining access roads and hardstandings are to be removed and the ground restored in accordance with the approved scheme (submitted in terms of condition 2). Reason: To ensure suitable restoration of the site. 37. That unless otherwise approved in writing by the Council as Planning Authority, no material shall be imported to or deposited at the site. Reason: For the avoidance of any doubt over what is approved. 38. That, in the event of extraction operations on any phase of the site ceasing for a period of 12 months or more, the Council as Planning Authority shall deem operations on site to have permanently ceased, and shall require immediate implementation of the approved restoration scheme (submitted in terms of condition 2), unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure that the Planning Authority retains effective control of the development. 39. That from the date of commencement of works on the site until completion of the final restoration, a copy of this permission and all approved documents and subsequently approved documents, shall be available for inspection in the site offices during approved working hours. Reason: To ensure the site operator and visiting officials are aware of the approved details. 40. That within one year of the date of commencement of this permission (and on that date each year thereafter), the operator shall submit to the Council as Planning Authority, an annual progress plan detailing:- - The extent of extraction operations undertaken that year; - Areas prepared for extraction; - The extent of backfilling or restoration operations carried out; 42
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- The extent of landscaping, nature conservation and agricultural works that have been implemented; - Recent site survey; - Current and anticipated production figures; - Remaining reserves; - Compliance with statutory permissions; - Site complaint logs and actions taken. Reason: To ensure that the Planning Authority is informed at regular intervals of the progress of the site; to assist with site monitoring; and to help inform development plan production. 41. That before this planning permission is implemented on site, the ethylene pipeline (North West Ethylene Pipeline) shall be relocated fully outwith the site boundary. Details demonstrating the safe relocation of the pipeline, including all required authorisations from the Health and Safety Executive shall be submitted for the written confirmation of the Planning Authority. Reason: In the interests of public safety. 42. That before this planning permission is implemented on site the operator shall obtain, and provide to the Planning Authority, written confirmation from Scottish Water and the National Grid that the predicted vibration levels at their respective apparatus within the vicinity of the site are within parameters acceptable to them. Reason: In the interests of public safety. 43. That before this planning permission is implemented on site but following the relocation of the pipeline required by condition 41, the operator shall obtain, and provide to the Planning Authority, written confirmation from Shell UK that the predicted vibration levels at their apparatus within the vicinity of the site are within parameters acceptable to them. Reason: In the interests of public safety. 12. Reason for Decision 12.1. The proposals to vary a condition to extend the period of quarrying at the site are considered acceptable, subject to the imposition of the previous suite of conditions and accord with policies 23 and 33 of the National Planning Framework 4, and with policies 1, 2, 4, 5, 14, 15, 16, 19, MIN1, MIN2, MIN3, MIN5 and MIN6 of the adopted South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 Background Papers Further information relating to the application can be found online:- P/23/1293 | Extraction and processing of hard rock aggregates by quarrying methods (Section 42 application to vary condition 1 of planning permission P/20/0514, to permit an extended period for the extraction of reserves from 2nd June 2029 to 2nd June 2036) | Duneaton Quarry B7078 From Millbank To Abington Int Crawfordjohn Biggar (southlanarkshire.gov.uk) 43
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Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 44
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Report Agenda Item Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1289 Proposal: Formation of Football Pitch/Sports Facility and Installation of 6 x 15 Metre High Floodlights, Refurbishment and Extension of Larkfield Hall, Formation of Additional Parking, Re-Alignment of Existing Footpaths, Erection of Fencing Enclosing Pitch and Associated Alterations Site Address: Land adjacent to Stonefield Road and Larkfield Neighbourhood Hall, Blantyre Applicant: Blantyre Soccer Academy Agent: Mark Dysart Ward: 15 - Blantyre Application Type: Full planning permission Advert Type: Schedule 2 and Non-notification of Neighbours: Hamilton Advertiser 8 February 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 7 47
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1. Reason for Report 1.1. This application is being presented to the Planning Committee for determination as it has received more than 5 objections, as detailed in paragraph 3.5 (b) of the Decision Making Process (April 2015). 2. Site Description 2.1. The planning application site extends to approximately 1.5ha and currently contains an ash football pitch with associated floodlighting columns and mesh fencing, however, the floodlighting is no longer operational. The site also accommodates the Larkfield Neighbourhood Hall which has been closed for a number of years, an associated car parking area, a footpath network, trees and areas of open space. 2.2. The site is situated within an established residential area in Blantyre and is enclosed to the south by Stonefield Road, a main route through Blantyre, and further by a mix of residential and commercial properties. The site is enclosed to the west by open space and a restaurant / public house. 2.3. There are level differences within the site as the ground falls from the existing pitch towards Stonefield Road and Broompark Road. The pedestrian access to the site is from an existing footpath network and the existing vehicular access to the site is from Broompark Road. 3. Description of Proposed Development 3.1. Planning permission is sought for the formation of a football pitch / sports facility, the installation of six 15 metre high floodlights, the refurbishment and extension of Larkfield Hall, the formation of additional parking, the re-alignment of existing footpaths, the erection of fencing and associated alterations. 3.2. The proposal seeks to replace the existing ash pitch, with a full size (100m x 60m) 3G artificial playing surface pitch. The pitch would be enclosed by 2m high spectator fencing and 5m high wire mesh metal fencing. In addition, a 1.8m high acoustic fence would also be installed adjacent to the pitch. The proposal includes associated floodlights to illuminate the pitch and the proposed operating hours of the floodlighting system is 9am to 9pm daily. The proposal includes external alterations to the existing single storey Larkfield Hall and the erection of a single storey rear extension to accommodate changing facilities and toilets. In addition, the proposal includes an extension to the existing parking area. The car park currently accommodates 12 car parking spaces and the proposal relates to an increase to 38 car parking spaces, including 3 accessible spaces and 8 with associated electric vehicle charging points. 3.3. The supporting information submitted by Blantyre Soccer Academy identifies that the football pitch is proposed to be utilised by local schools during the day and at evenings and weekends by Blantyre Soccer Academy for training and competitive football games. In addition, the refurbished Larkfield Neighbourhood Hall is proposed to be utilised for a wide range of community uses including classes to support adults with learning difficulties, mother and baby groups, men’s mental health groups and a drop- in centre for pensioners. 3.4. The original proposal also included a 5-a-side pitch situated to the rear of the neighbouring restaurant, however, this was omitted during the planning application process. 4. Relevant Planning History 4.1 There is no relevant planning history relating to this site. 48
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5. Supporting Information 5.1. In support of the planning application, the applicant has submitted the following:- Design and Access Statement Noise Impact Assessment Lighting Impact Assessment Floodlighting Statement letter detailing the proposed pitch and hall usage 6. Consultations 6.1. Environmental Services – No objections to the proposal following the submission of a noise and lighting impact assessment. Conditions and advisory notes are recommended in relation to the floodlighting scheme (including the operating hours), site investigation works, construction noise and an acoustic barrier. Response: Noted. 6.2. Scottish Water - No objection to the proposal. Response: Noted. 6.3. Roads Development Management Team - No objection to the proposed development, subject to conditions relating to the parking provision within the site, surface water drainage, the submission of a Construction Phase Traffic Management Plan and a roads dilapidation survey. Response: Noted. 6.4. The Coal Authority – Whilst noting the presence of a historic mine shaft within the site, the Coal Authority have no objection to the proposal subject to the attachment of an informative. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 199 representations have been received (26 objections and 173 supporting the application). The issues raised are summarised as follows:- Design and Amenity The proposal will result in noise issues and disturbance for the surrounding properties Concern regarding the light levels from the proposed floodlighting and the subsequent impact on the nearby residential properties The site is within a residential area and this development is out of character for the area There are lots of dog walkers which use the area and the proposal will impact on walking routes Roads Related Matters The development will result in a significant increase in traffic and subsequent associated noise and pollution levels The proposal will encourage the use of the private car The proposed car parking for the development is insufficient The existing car parks in the area, including Carrigan’s, are already over capacity and the proposal will exacerbate this issue There is not adequate provision at Stonefield Road, particularly in the evenings, for pedestrians to safely cross the road to access the facilities 49
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The junction at Broompark Road and Stonefield Road is already one of the busiest in Blantyre as there is significant traffic flow associated with the churches, schools, shops and other existing uses in the area. This proposal will contribute to further congestion and road safety issues Concern regarding the potential for an increase in road traffic accidents Impact on the Natural Environment Concern that trees will be removed from the site The development will adversely impact on wildlife Other Matters Raised The site should be utilised for an alternative use such as allotments The development will reduce the value of nearby properties This will result in the loss of a public area The proposal will result in more litter There is a mine shaft within the site and this will pose a threat to surface stability and public safety Stonefield Park has an area with football fields which is not being used to full capacity and this could be upgraded and utilised Impact of the development on health Matters Raised in Support of the Application The hall is currently an eyesore and its redevelopment is welcomed The hall will be utilised by local community groups rather than them having to travel outwith the area Lots of local facilities are closed The site is derelict and it is about time that this land was developed for an appropriate use The ash pitch and floodlighting has been at the site for many years This would be an excellent facility for the community of Blantyre especially children This development should promote a healthier lifestyle and will have health benefits for both children and adults The five local primary schools will be able to use this facility during the school day This facility will support grass roots football and provide a safe environment for members of the Blantyre Soccer Academy to play Such a development will contribute to improving children and young people’s mental health and wellbeing The development should contribute to a reduction in anti-social behaviour in the surrounding area The increase in footfall will support local businesses 7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 50
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8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 15 - Local Living and 20 Minute Neighbourhoods Policy 21 - Play, Recreation and Sport 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 13 - Green Network and Greenspace Policy 15 - Travel and Transport Policy DM1 - New Development Design 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development Detailed planning permission is sought for the formation of a football pitch/sports facility and the installation of six 15 metre high floodlights, the refurbishment and extension of Larkfield Hall, the formation of additional parking, the re-alignment of existing footpaths, the erection of fencing enclosing the pitch and associated alterations at land adjacent to Stonefield Road and Larkfield Neighbourhood Hall, Blantyre. The determining issues in the consideration of this application are its compliance with national policy, local development plan policy and its impact on residential amenity, traffic safety, environmental matters and infrastructure issues. 10.2. Policy 21 of NPF4 promotes and seeks to facilitate spaces and opportunities for play, recreation and sport. This policy aims to simultaneously improve the natural and built environment and physical and mental health through the provision of, and access to, outdoor recreation, play and sport facilities. The lawful use of the majority of the site is an ash football pitch and this policy supports the upgrading of existing facilities to provide better quality sports provision. Therefore, the re-development of the existing outdated pitch to provide a modern, accessible, all-weather pitch and associated facilities raises no issues within the context of Policy 21 of NPF4. 51
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10.3. Policies 14 and 15 of NPF4 relate to 20 minute neighbourhoods and liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable and adaptable. Policy 15 establishes that development proposals should contribute to local living and 20 minute neighbourhoods. 10.4. In relation to the six qualities of a successful place, the proposal includes the refurbishment of the existing community hall and the provision of a modern sports facility. Therefore, it is considered that this development will contribute to seeking to improve both the mental and physical health of the local community. In addition, the investment and expansion of the existing facilities would contribute to creating a pleasant and more distinctive place. The proposed development site is located within the Blantyre settlement boundary, which has a wide range of facilities and services including a number of mixed uses such as education, commercial and residential properties adjacent to the site. The site is enclosed by Stonefield Road and Broompark Road, which are two key routes through Blantyre, and therefore the site is considered to be well connected and situated within a sustainable location which will support local compact living and a 20 minute neighbourhood. In addition, the site is considered to be adaptable as the proposal seeks to ensure the long-term re- occupation of a vacant building and a poor quality sports pitch whilst simultaneously improving the vitality of the area. It is considered that the proposal accords with the provisions of Policies 14 and 15 of NPF4. 10.5. Climate Change Policy 1 of NPF4 requires that when considering all development proposals, significant weight will be given to the global climate and nature crises. Policy 2 of NPF4 seeks to minimise and mitigate against the effects of climate change by considering various criteria including being sustainably located, the reuse of vacant and derelict land, the avoidance of flood risk areas, incorporating low and zero carbon generating technologies, opportunities for active travel routes and trips by public transport and the provision of electrical vehicle recharging infrastructure. The proposal relates to the redevelopment of brownfield land and the re-occupation of an existing property within an established urban area, situated in close proximity to existing supporting facilities and local services, established transport links and will include the provision of electrical vehicle charging infrastructure at the site. Therefore, it is considered that the proposal raises no issues within the context of Policies 1 and 2 of NPF4. 10.6. Policies 1 and 2 of the adopted Local Development Plan encourage sustainable economic growth and regeneration, a move towards a low carbon economy, the protection of the natural and historic environment and mitigation against the impacts of climate change. The proposal involves the regeneration of a site which is in a poor state of repair within Blantyre and therefore raises no issues within the context of Policies 1 and 2 of the adopted Local Development Plan. 10.7. Natural Environment NPF4 Policy 3 details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. In addition, the policy states that any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment should be minimised through careful planning and design. Whist the proposal relates to the removal of trees to the northeast of the site to accommodate parking provision, the development has been designed to ensure the retention of the majority of the trees within the site. In addition, the existing open space within the site and the surrounding area will not be 52
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adversely impacted upon by the development. Therefore, it is considered that, on balance, the proposal raises no issues in the context of Policy 3 of NPF4. 10.8. The site is designated within the adopted Local Development Plan as part of the established green network and priority greenspace. Policy 13 establishes that proposals should safeguard the green network and that a partial loss of greenspace may be considered favourably if a number of criteria are met. In this instance, it is considered that a significant proportion of the planning application proposal will be within the footprint of the existing developed site and the remaining area will be improved, including the formation of new footpath links throughout the site. The majority of areas of open space within the site and surrounding area will be unaffected by the development, and this is an important component of the green network for wildlife movement etc. Therefore, it is not considered that the proposal will have a significant adverse impact on the character or function of the green network, greenspace area, landscape character and amenity of the site. Therefore, the proposal raises no issues within the policy context of Policy 13 of the adopted Local Development Plan. 10.9. Layout, Siting and Design In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area, and to promote quality and sustainability in its design. The ash sports pitch and lighting columns are established at the site and the proposed 3G pitch is within the footprint of the existing pitch. In addition, the proposal seeks to refurbish and extend the existing community hall and extend the established car parking area at the site. Therefore, it is considered that the proposed layout, form and scale of the artificial playing surface, lighting columns, fencing and associated development is in keeping with the existing site. 10.10. The removal of the 5-a-side football pitch during the application process has reduced the proposed lighting levels, car parking requirements and general impact of the development at the site. In terms of amenity, it is considered that the existing site levels, the installation of a 1.8m high acoustic barrier adjacent to the proposed pitch and the restriction on the operating hours and the design of the floodlighting will minimise the potential impact of the development on the residential properties in the surrounding area. The Noise Impact Assessment and Lighting Impact Assessment have been reviewed and accepted by Environmental Services. In addition, it is considered that the design of the proposal will not result in a significant adverse impact on any adjacent dwellings in terms of loss of light, overshadowing, overlooking or loss of privacy. Subsequently, it is considered that the development raises no issues within the context of Policies 5 and DM1 of the adopted Local Development. 10.11. Transport Policy 13 of NPF4 provides support for development proposals which have links to local facilities, are accessible via public transport, provide low emission vehicle charging points, provide cycle parking and take into account the transport needs of diverse groups whilst simultaneously reducing the dominance of the car. The location of the site and the design of the proposal supports sustainable travel and generally address these infrastructure requirements, in accordance with the provisions of Policy 13 of NPF4. 10.12. Policy 15 of the adopted Local Development Plan seeks to ensure that development considers, and where appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of the need to provide provision for walking, cycling and public transport. In this regard, the site is situated 53
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adjacent to two main routes through Blantyre, is accessible by public transport and the development would be well integrated into existing walking and cycling networks. In addition, Roads, Transportation and Fleet Services consider that the proposal is acceptable in terms of access, parking and road safety issues. Subsequently, it is considered that the proposal accords with the provisions of Policy 15 of the adopted Local Development Plan. 10.13. With regards to the other matters raised in relation to an alternative site for the proposed development or a different use for the subject site, it should be noted that the Planning Service require to fully assess the application as submitted. In addition, concern regarding the loss of an existing view or a potential reduction in the value of nearby properties are not material considerations in the determination of the current planning application. 10.14. Conclusion In conclusion, the proposal seeks to upgrade and regenerate an existing sports pitch and vacant hall. It is considered that the proposal will result in the creation of a high quality facility which is anticipated to promote physical and mental health within the local community. In addition, the design, layout and general impact of the development is considered to be acceptable and the proposal raises no significant environmental or infrastructure issues. Accordingly, the proposal complies with the relevant policies contained in NPF4 and the adopted Local Development Plan. It is therefore recommended that the application be granted subject to the conditions listed. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That the approved floodlights shall only be used between the following hours:- 9am and 9pm The floodlights shall be turned off within 15 minutes of the end of the times stated above. Reason: In the interests of amenity. 03. That before the development hereby approved is brought into use the 1.8m high acoustic barrier, which is detailed in the Addendum (dated 10 June 2024) to the Noise Impact Assessment (dated 5 April 2024) prepared by New Acoustics, shall be installed and remain in perpetuity to the satisfaction of the Council as Planning Authority. Reason: In the interests of amenity. 54
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04. That prior to the commencement of works on site, further information including a site plan identifying the existing trees and those trees proposed to be removed shall be submitted to and approved in writing by the Council as Planning Authority. Reason: These details have not been submitted or approved. 05. That all trees to be retained within the site shall be fully protected until the completion of all site operations in accordance with methods, as set out in BS5837/2012, to the satisfaction of the Council as Planning Authority. Reason: To ensure that adequate steps are taken to protect existing trees on the site throughout the period of the proposed building operations. 06. For the avoidance of doubt, no consent is granted for the external steel sheeting as a facing material for the extension to the existing Larkfield Hall and further details of the proposed external material shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter, the development shall be completed in accordance with the approved details. Reason: In order to retain effective planning control over the appearance of the proposed extension. 07. (a) That prior to the commencement of works on site, a comprehensive site investigation, carried out to the appropriate Phase level, shall be submitted to and approved in writing by the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- - Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995). - Contaminated Land Report 11 - 'Model Procedures for the Management of Land Contamination (CLR 11) - issued by DEFRA and the Environment Agency. - BS 10175:2011 - British Standards institution 'The Investigation of Potentially Contaminated Sites - Code of Practice.' (b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. (c) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council's written approval of the remediation plan. Reason: In order to ensure that the ground conditions are suitable for the proposed development. 08. That prior to any works commencing on site, the applicant shall submit a Construction Phase Traffic Management Plan (CPTMP) for the written approval of the Council as Planning and Roads Authority. The plan shall include, but not be limited to, the following:- 55
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(i) Delivery route of all construction traffic from Stonefield Road. (ii) A construction programme with HGV/LGV/Car movements by month and type of work including removal of excess topsoil/subsoil. (iii) Details of all temporary construction direction signage. (iv) Provisions for emergency vehicle access. (v) Measures to prevent mud, detritus and surface water being deposited on the public road. (vi) Details of on-site construction compound, laydown space, turning area and on-site parking such that no construction vehicles or contractor vehicles shall be permitted to park on the public road. (vii) Identification of a nominated person to whom any road safety issues can be referred. Reason: In the interests of roads and pedestrian safety. 09. That prior to the proposed football pitch being brought into use, all car parking spaces and vehicular access shall be formed in accordance with drawing A1.1 Revision P4 with a bound surface and be set out and constructed in accordance with the specification and to the satisfaction of the Council as Planning and Roads Authority: (i) Right angled parking bays shall be 2.5 metres by 5.0 metres long with additional activity space for disabled bays. (ii) Parallel parking bays shall be 2.5 metres by 6.0 metres long. (iii) Electric vehicle charging bays shall be provided in accordance with the Council’s Electric Vehicle Charging Points policy dated August 2022. Reason: To ensure adequate parking facilities are provided within the site. 10. That prior to the occupation of the site, details for the treatment and disposal of surface water run-off for the car park shall be submitted to and approved in writing by the Council as Planning and Roads Authority. The development shall thereafter be constructed in accordance with the approved details. Reason: To ensure the appropriate disposal of surface water from the site. 11. That prior to any works commencing on site, the applicant shall undertake a roads dilapidation survey, in the presence of a representative of the Council as Roads Authority, covering Stonefield Road and delivery route agreed through the CPTMP. 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 a description of road condition, and be submitted for record purposes within timescales agreed in writing with the Council. The applicant shall be responsible for repairing damage attributable to their operations and undertake all necessary repairs within timescales stipulated by the Council as Planning and Roads Authority. Reason: In the interests of road safety.. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 13, 14, 15 and 21 of the National Planning Framework 4 and raises no issues within the context of Policies 1, 2, 5, 13, 15 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. 56
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David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 Background Papers Further information relating to the application can be found online:- P/23/1289 | Formation of football pitch/sports facility and installation of six 15 metre high floodlights, refurbishment and extension of Larkfield Hall, formation of additional parking, re-alignment of existing footpaths, erection of fencing enclosing pitch and associated alterations | Land Adjacent To Stonefield Road And Larkfield Neighbourhood Hall Blantyre (southlanarkshire.gov.uk) 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 57
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Report Agenda Item Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0243 Proposal: Change of Use of Retail Premises (Class 1A) to Gymnasium (Class 11) Site Address: Unit 3 Braidfute Retail Park Old Market Road Lanark ML11 7LQ Applicant: Pure Gym Limited Agent: Urban Agile Limited Ward: 06 - Lanark Application Type: Full Planning Permission Advert Type: Bad Neighbour – Lanark Gazette Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant subject to conditions Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 8 59
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1. Reason for Report 1.1. This application is required to be determined by Planning Committee under Class 16 of the South Lanarkshire Local Scheme of Delegation, namely due to the number of objections received. 2. Site Description 2.1. The site is located in the town centre of Lanark within an existing retail park, Braidfute Retail Park. 2.2. The retail park layout positions the majority of the retail units to the north and east sides with delivery and servicing to the rear of these units. The southern edge of the retail park has open space, a vacant listed building (former rotunda to the Auction Market which the retail park replaced) and a row of smaller retail units, built later, at the entrance. Residential developments are situated on the north and east sides. To the south residential properties are situated on the opposite side of Hyndford Road. To the west lies the entrance to the retail park off a roundabout, the servicing access road leading to the rear. Beyond which lie further residential properties, a park and ride car park and areas of open space. 2.3. The unit this application relates to sits on the northern side of the retail park. It currently operates as a retail business (Poundstretcher) and is situated between a supermarket and clothes retailer. All units within the retail park are retail uses. However, there is one currently vacant unit within the main retail park and four vacant smaller retail units at the entrance which have remained vacant from the point of construction. 2.4. The retail park is located in close proximity to the bus and train station of Lanark and there are suitable pedestrian links into the retail park. There is also a large car park within the retail park. 3. Description of Proposed Development 3.1. The application seeks to use the current retail unit as a gymnasium, which is defined in the Use Class Order as Class 11 – Assembly and Leisure Use. The submitted details proposed that the gym will operate 24 hours. A separate application has been made for air conditioning plant, which will be assessed separately under planning application P/24/0383. 3.2. During the handling of the application further amendments were requested to the acoustic report requiring further testing and mitigation measures. 4. Relevant Planning History 4.1. None relevant. 5. Supporting Information 5.1. The following information has been submitted in support of the application:- Acoustic Report - measures background noise, predicts impact on residential and commercial units from plant noise, gym noise and vibration, sound breakout and noise from weight drops and sets out mitigation measures 6. Consultations 6.1. Environmental Services - No objection subject to conditions relating to provision and specification of inhouse speaker system and acoustic limiter, noise levels for each receptor, mitigation measures (covering insultation, lobbies and fire doors) and a validation test prior to operations commencing. 60
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 335 representations have been received (120 objections, 213 support, 2 comment). The issues raised are summarised as follows:- Support Creates footfall for other uses in retail park Increase to any service with health and well-being benefits should be encouraged Reduce vacancy within the retail park 24 hour gym will provide for those who work shifts Sport and fitness facilities in Lanark and Biggar are lacking Ample parking Presents a positive option for youths, who are presenting unsustainable anti- social behaviour Many already travel outwith the town to go to the gym, this would reduce travel The unit is empty and will remain empty if this application isn’t approved Objections Other uses would be more beneficial at the retail park such as a restaurant or soft play There is a need to retain retail units within the retail park There is an over provision of gyms already The development would create more traffic and congestion Noise impact from a 24-hour gym next to residential properties Disturbance from nighttime activity in an otherwise daytime business area Use of the car park 24 hour will attract large car meets and associated noise The above issues are considered in the assessment below and full copies are available to view on the planning portal. A number of issues relating to the type of gym proposed, i.e. a franchise and competition between existing gyms in Lanark were raised, however, these are not material planning considerations. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 12 – Zero waste Policy 13 – Sustainable transport Policy 14 – Design, quality and place Policy 15 – Local living Policy 23 – Health and safety Policy 27 – City, town, local and commercial centres 61
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8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 – Climate Change Policy 5 – Development Management and Placemaking Policy 9 – Network of Centres and Retailing SLLDP2 Volume 2 Policies Policy DM1- New Development Design South Lanarkshire Council (SLC) Supporting Planning Guidance None applicable. 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development It requires to be considered whether a gymnasium is a suitable use within Lanark retail park which is also part of the designated town centre for Lanark. 10.2. NPF4 Policy 27 and SLLDP2 Policy 9 both cover town centres, seeking to encourage a mixture of uses compatible with their role as commercial and community focal points and direct development to the most sustainable locations. Those locations tend to be accessible by a range of sustainable transport modes and provide communities with easy access to goods, services and the recreational opportunities they need. 10.3. NPF4 Policy 15 Local Living seeks to ensure connected and compact neighbourhoods where people can meet the majority of their daily needs (including sport and recreation) within a reasonable distance of their home by walking, wheeling or cycling. NPF4 Policy 13 Sustainable Transport seeks to encourage, promote and facilitate development that prioritise walking, wheeling and cycling and public transport for everyday travel and reduce the need to travel unsustainably. 10.4. Lanark is considered a strategic town and sustainable urban location in the local development plan. The site is located in the town centre in proximity to a bus station, train station and pedestrian links. A gymnasium is considered a sport and recreation facility that is likely to be used on a regular basis by patrons. A gymnasium - a Class 11 Assembly and Leisure Use - is considered a suitable use in a town centre location and a use which would add to the evening economy in a retail park, an identified action for Lanark town centre in the SLLDP2. The proposal is considered acceptable in principle. 10.5. Climate Change NFP4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must seek to minimise and mitigate against the effects of climate change. The proposal has no external changes and relates to a change of use. However, the use is sited in an accessible location with sustainable transport modes utilising an existing building. Is considered to meet the overarching principles of NPF4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2. 62
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10.6. Design, Quality and Place The proposal involves only minor changes to the external appearance of the existing building and the assessment is therefore primarily based on the change of use aspect of the proposal. 10.7. NPF4 Policy 14 Design, quality and place advises that proposals should be consistent with the six qualities of a successful place. This includes ‘healthy’ quality, which prioritises women’s safety and improving physical and mental health. This is an existing retail park and the applicant has indicated that the proposed gym will operate on a 24 hour basis. Whilst lighting is already available within the retail park, provision could also be made for CCTV to ensure the safety of users using the gym. 10.8. Since the construction of the retail park, planning policies have changed and now the ‘connected’ quality and various other policies seek to reduce car dependency. As above the town centre location has bus and train links, however, the retail park has no provision for cycle parking. As such, given the change of use and type of use, where those are likely to utilise a bike to travel to the gym, it is considered proportionate to request (via condition) the installation of cycle stands. 10.9. Overall, it is considered that the proposal meets the terms of NPF4 Policy 14. 10.10. Noise and Disturbance Impact Whilst the use is suitable in principle in this location, there are neighbouring residential properties which are required to be taken into consideration. A gymnasium use can result in noise impact issues resulting from the music and activities undertaken during classes and the operation of gym equipment and weights. 10.11. NPF4 Policy 23 Health and Safety advises that proposals that give rise to unacceptable noise issues will not be supported and also advises any proposals which shall have positive effects on health, including providing opportunities for exercise, will be supported. SLLDP2 Policy 5 Development Management and Placemaking and SLLDP2 Policy DM1 seeks to ensure there is no conflict with adjacent land uses in terms of noise. 10.12. The submitted acoustic report has set out background noise measures, predicted impact on residential and adjacent commercial properties. The mitigation measures are detailed in the report and include – internal insulation to walls and ceiling, improvements to the fire door arrangements and acoustic limiter to the in-house sound system. Environmental Services have offered no objections subject to conditions covering noise levels, noise management plan, mitigation measures and a validation check. 10.13. A representation has raised the issue of the opening of the car park 24 hours potentially attracting car meets. The use of the car park and any potential anti-social behaviour is a matter for the landlord and Police. 10.14. On this basis, it is considered that the noise impact can be managed and mitigated against and that the gym will have positive effects on health. It is considered that the proposal meets the terms of NPF4 Policy 23. 10.15. Other issues Various representations have raised the issue of loss of competition, concern in relation to the franchise and impact on gyms ran by local business. Whilst empathetic to the concerns of other gym owners and users in the town, private interests such as 63
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competition between businesses are not a material planning consideration and cannot be taken into account in the decision making. 10.16. Various representations have indicated they consider that there are a sufficient number of gyms in Lanark. Others have pointed out the particular provision proposed, including 24 hour provision, is attractive to them and they already travel outwith the town to access this type of gym. 10.17. The purpose of planning is to consider the long-term interest and therefore does take into account if there is over-provision of a particular use which is damaging. NPF4 Policy 27 advises that development proposals for non-retail uses in city, town, local and commercial centres will not be supported if further provision of these services would undermine the character and amenity of the area and/or the health and wellbeing of communities. These uses are deemed to include hot food takeaways, betting offices, and high interest money lenders. It is not considered further provision of a gym in Lanark would seek to undermine the health and wellbeing of the community. Policy 23 Health and Safety actively encourages support to any use that promotes exercise. 10.18. Therefore, there is no basis within the development plan on which to refuse the further provision of a gym in Lanark. 10.19. Conclusion In conclusion, the use of the existing retail unit for a gymnasium situated within Lanark town centre in an existing retail park is considered acceptable. The noise concerns can be mitigated against and there no other material considerations which would warrant refusal. It is considered the proposal meets the terms of the development plan, NPF4 and SLLDP2. Overall, it is recommended that planning permission be granted, subject to conditions. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That prior to the use, hereby approved, coming into operation, details of cycle parking to be positioned to the front of the building, including number of stands and design shall be submitted to the Council as Planning Authority for written approval. Thereafter, the cycle parking shall be installed prior to the use being implemented. Reason: To ensure the provision of cycle parking and in interests of sustainable transport. 03. A dedicated in-house sound system shall be used exclusively for the amplification of music and speech which is produced in association with activities undertaken within the gym and studio at all times. 64
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The mounting of loudspeakers for the sound system shall be carried out by a suitably qualified acoustician to ensure that they are well isolated from the building structure, typically through the use of independent stands or resilient fixings to achieve an isolation of at least 90%. Reason: To minimise noise disturbance to adjacent occupants. 04. That prior to the use, hereby approved coming into operation, an Electronic Sound Level Attenuation System otherwise known as an acoustic limiter, shall be fitted to the in-house sound system required by Condition 3, before the amplifier in the signal chain with the thresholds of the limiter set on both the Left and Right stereo channels and the specification of the acoustic limiter shall be submitted to and approved in writing by the Council as Planning Authority. The aforementioned agreed specification shall then be set by the appointed person who shall be suitably qualified (i.e. an acoustic/sound engineer and secured so that it cannot be overridden by persons other than the appointed person). The agreed electronic sound level attenuation system and specification shall be retained thereafter and any alteration to the electronic sound level attenuation system shall be agreed in writing with the Council as Planning Authority. Reason: To minimise noise disturbance to adjacent occupants. 05. That prior to the use, hereby approved, coming into operation a Noise Management Plan (NMP) shall be submitted to and approved in writing by the Council as Planning Authority. The minimum details of the NMP shall cover matters as set out in the Environmental Health Officer Consultation Response dated 21.05.2024. The NMP shall thereafter be adhered to at all times. Any amendment to the NMP shall be agreed in writing with the Council as Planning Authority. Reason: To minimise noise disturbance to adjacent occupants. 06. That prior to the use, hereby approved, coming into operation the mitigation schemes as detailed in the Acoustic Report shall be completed. Any change to the mitigation scheme shall be agreed in writing with the Council as Planning Authority. Reason: To minimise noise disturbance to adjacent occupants. 07. That during the operation of the use, hereby approved, the noise emissions from the gym, music and associated sources shall not be audible within any external amenity space at any noise sensitive property at any time. The following shall be used as an objective guide for the aforementioned requirement:- (1) The LA10 entertainment noise shall not exceed the representative background noise levels LA90 (without entertainment noise) in any 1/3 octave band between 40Hz and 160Hz (2) The LAeq,15min of the entertainment noise shall not exceed the representative background noise LA90,15min (without entertainment noise). (3) In terms of Leq / Lmax,F should be demonstrated not to exceed the NR 15 curve respectively Reason: To minimise noise disturbance to adjacent residential properties. 65
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08. That during the operation of the use, hereby approved, Maximum noise levels generated by the proposed new development in terms of Leq / Lmax,F shall not exceed the NR 35 curve respectively inside adjacent commercial premises. Reason: To minimise noise disturbance to adjacent commercial properties. 09. That within an agreed timescale not exceeding six weeks of the use hereby approved becoming operational, the applicant shall undertake a validation noise impact assessment examining the design, use and effectiveness of the proposed mitigation installed. This shall demonstrate compliance with the permitted noise levels as identified. The validation noise impact assessment shall be submitted to and approved in writing by the Planning Authority. Where levels are not achieved, further mitigation in the form of additional acoustic treatment or management of the noise sources shall be introduced. Reason: To minimise noise disturbance to adjacent occupants. 10. That following any reasonable complaint relating to noise emissions arising from the operation of the Gym, the operator shall appoint an independent noise consultant, whose appointment shall require to be approved in writing by the Planning Authority, to measure the level of noise emission from the gym at the residential or commercial property to which the complaint is related in keeping with the required conditions and relevant standards. Reasonableness would be contingent on the complaint having been initially brought to the attention of the unit operator, in line with the details in the noise management plan, to be investigated and as necessary resolved. Reason: To minimise noise disturbance to adjacent occupants. 12. Reason for Decision 12.1. The application seeks detailed planning permission for the use of Unit 3 as a gymnasium, Class 11 - Assembly and Leisure, for 24 hour use. The site by its sustainable location in Lanark town centre and retail park location is suitable for this use. Noise impacts can be mitigated against and further improvements such as cycle stands have been requested via condition. The proposal complies with Policies 1, 2, 3, 14, 15, 23, 27 of National Planning Framework 4 (adopted 2023) and Policies 2, 5, DM1 of South Lanarkshire Local Development Plan 2 (adopted 2021). David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 Background Papers Further information relating to the application can be found online:- P/24/0243 | Change of use of retail premises (Class 1A) to gymnasium (Class 11). | Unit 3 Braidfute Retail Park Old Market Road Lanark ML11 7LQ (southlanarkshire.gov.uk) 66
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Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 67
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Report Agenda Item Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0278 Proposal: External Alterations Associated with the Change of Use of a Betting Office to a Restaurant Including the Formation of a Flue Site Address: 4A Cullen Road East Kilbride G75 0ET Applicant: Murray Burgers Agent: David Jarvie Ward: 07 East Kilbride Central South Application Type: Full Planning Permission Advert Type: Schedule 2 and Non-Notification of Neighbours: East Kilbride News 20 March 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 9 69
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1. Reason for Report 1.1. This application must be presented to the Planning Committee for determination as it has received more than 5 objections, as detailed in paragraph 3.5 (b) of the approved South Lanarkshire Council Planning Application Decision Making Process April 2015. 2. Site Description 2.1. The application site is an existing single storey detached building, located on the corner of Cullen Road and Cullen Lane, north-west of The Murray Square, East Kilbride. It consists of a vacant former betting office unit and a small area of surrounding land, including a small front car parking area and both steps and a ramp to provide access to the unit. The immediate surrounding land uses include the adjacent public house and Cullen Lane, which provides access to lock ups and is the main service access for the commercial units within The Murray Square. There are also residential units within The Murray Square and dwellings to the north of the site, along Cullen Road. 3. Description of Proposed Development 3.1. Planning permission is sought for external alterations to the unit associated with the change of use of the betting office to a restaurant. These are primarily related to the installation of a ventilation system for the kitchen, including the formation of a flue, with no other significant external changes proposed. Internally, the space is proposed to be reconfigured to form a kitchen area, ancillary storage, and staff spaces as well as a servery/bar and customer seating area. 3.2. It should be noted that the change of use of the unit from a betting office to a restaurant (Class 3) falls within permitted development rights under Class 11A of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended. It therefore does not require the submission of a planning application, and this application is only for the external alterations to the building. 4. Relevant Planning History 4.1. Planning consent was refused for the erection of a single storey extension to the building in both 1999 (EK/98/0112) and 2001 (EK/01/0019). Consent was granted for the installation of air conditioning units in 2002 (EK/02/0108) and for the display of new signage the same year (EK/02/0065). These applications were related to the buildings former use as a betting office. 5. Supporting Information The following information was submitted by the applicant in support of the application: 5.1. Covering Letter – This confirmed that the only external changes would be the ventilation system. It also advised that the restaurant is proposed to open between 9am and 11pm Sunday to Thursday, and 9am to 12 Midnight on Friday and Saturday. It aims to cater for breakfast trade through to evening meals, with an element of takeaway. Six full time members of staff and six part time members of staff would be required. 5.2. Ventilation System Details – This document provides further details on the proposed ventilation system operation. It was revised and updated with additional information while the application was under consideration. 6. Consultations 6.1. Environmental Services – Recommended that a decision on the application is deferred pending the submission of further information on the ventilation system and have also requested the inclusion of relevant advisory notes on the decision notice. 70
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Response – Noted. Additional information has been provided by the applicant and it is considered that the remaining technical details can be controlled by a suitably worded condition on the decision notice. The advisory notes can also be added as appropriate. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 6 representations have been received (6 objections). The issues raised are summarised as follows:- Concerns regarding drainage and the potential for fat discharge into the sewage system Concerns regarding the lack of car parking in the area and the impact on traffic Concerns regarding the poor state of the existing car parking area and grounds maintenance Concerns regarding the potential for noise and disturbance, and for groups of people to congregate in the area Concerns regarding odour and the effectiveness of the ventilation system Concerns regarding the potential for wildlife and vermin to feed on discarded food Concerns regarding increased competition and the impact of the development on the viability of other units within The Murray Square The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. National Planning Framework 4 8.2. National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 14 - Design, quality and place Policy 27 - City, town, local and commercial centres South Lanarkshire Local Development Plan 2 (2021) 8.3. 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 5 - Development Management and Placemaking Policy 9 - Network of Centres and Retailing 71
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SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy DM9 - Hot Food Shops 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Full planning permission is sought for external alterations associated with the change of use of a betting office to a restaurant, including the formation of a flue, at 4A Cullen Road, East Kilbride. The main issues to be addressed in the determination of this application includes the acceptability in principle of the proposed development, its design, siting and impact upon amenity, 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. Principle of Development 10.2. The application site is located within a designated local centre serving The Murray, where NPF4 Policy 27 – City, town, local and commercial centres is applicable. This policy supports proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses. Development proposals will be consistent with the town centre first approach, and proposals for non-retail uses will not be supported if further provision of these services will undermine the character and amenity of the area or the health and wellbeing of communities, particularly in disadvantaged areas. 10.3. SLLDP2 Policy 9 – Network of Centres and Retailing seeks to support a network of centres to provide retail and other local services to communities. Within local centres, proposals for change of use will be assessed with regard to the provision for an appropriate mix of uses that meet economic and social need. A retail element should be retained to serve the needs to the local community. 10.4. SLLDP2 Policy DM9 - Hot Food Shops sets out the policy for such establishments in various settings. Within retail/commercial areas, an adequate level of shopping provision must be maintained, and the viability of the centre and its retail function must not be adversely affected. There should also be a satisfactory balance between retailing and non-retailing uses, and the proposal must not have a significant impact in terms of environmental, traffic, public safety, or amenity considerations. The applicant must also be able to demonstrate that a suitable ventilation system can be provided. 10.5. With regards to the principle of the development, this application can only consider the external alterations to the building. The applicant has stated that the proposed use of the property is as a restaurant with ancillary takeaway only. The principle of the change of use from a vacant betting shop to a restaurant is therefore covered under permitted development legislation and is not the subject of this application. 10.6. The proposal has been considered against SLLDP2 Policy DM9 as it is considered that the setting and scale of the unit may lead to more takeaway customers than would be expected of a typical restaurant. There are several takeaways operating within The Murray Square, however, suitable retail provision remains. The unit has been vacant for some time, and this proposal will bring the unit back into productive use and provide further choice within the local centre. On the specific subject of this application, the implementation of external alterations to install a suitable ventilation system at this unit 72
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is acceptable in principle, and the proposal is not considered to conflict with NPF4 Policy 27 or with SLLDP2 Policies 9 and DM9. Climate Change 10.7. NFP4 Policy 1 - Tackling the Climate and Nature Crises and NPF4 Policy 2 - Climate Mitigation, along with Policy 2 of SLLDP2, aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. In this instance, the proposal is for relatively minor alterations to an existing vacant building to bring it back into productive use and there would not be any significant impact upon the local environment or climate associated with these works. The proposal therefore does not conflict with NPF4 Policies 1 and 2, and with SLLDP2 Policy 2. Layout, Siting and Design 10.8. NPF4 Policy 14 - Design, quality and place aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. It sets out six qualities of successful places, including whether the development is connected and sustainable. 10.9. SLLDP2 Policy 5 – Development Management and Placemaking advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should 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. 10.10. The proposal is limited to minor external alterations associated with the installation of the ventilation system. The most significant change would be the installation of a flue on the roof of the structure. Such alterations are relatively common in urban commercial spaces, including within this local centre, and the alterations would not be visually prominent given the size of the flue, the scale of the building and its setting. No other significant external alterations are proposed, with the remainder of the work relating to internal changes only which are outwith the scope of this application. Replacement signage is likely to be required, which may be subject to separate advertisement consent as appropriate, and it is hoped that bringing this unit back into use would encourage other maintenance of the unit to be undertaken with regards to car park repairs and landscape maintenance. 10.11. There are residential properties close to the application site and a suitable ventilation system can be provided for the property which will avoid odours or noise significantly impacting upon local residents. Further details on this matter are noted below, under technical matters. Overall, the proposal is considered to comply with NPF4 Policy 14 and with SLLDP2 Policies 5 and DM1. Other issues 10.12. Commercial competition is not a material planning consideration for applications of this scale, and it is not a matter which can be considered in the assessment of this proposal. The change of use of the unit is permitted development and it is not the subject of this planning application. 10.13. As the change of use of this unit is not the subject of this application, matters related to litter, concerns over discarded food, drainage, the function of the sewerage system, and the potential for anti-social behaviour are noted but these concerns are not directly relevant to the proposed external alterations which are the subject of this proposal. 73
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The impact upon parking and traffic is similarly noted, but not directly relevant to this proposal for external alterations. Technical Matters 10.14. Details of the ventilation system have been provided, and consultations have been undertaken with colleagues in Environmental Services to ensure that the system is suitable for its use in terms of controlling odours and preventing noise disturbance from the ventilation system. The final technical details of this system have not yet been agreed, but the operation of a sufficient ventilation system at this property, and the operation of the restaurant generally, would not be considered to significantly impact upon the amenity of local residents or the local centre. Conditions for a suitable ventilation system can be included on the decision notice as appropriate. Conclusion 10.15. In conclusion, following a detailed assessment of this proposal, it is considered that the proposed external alterations and installation of a ventilation system would not significantly impact upon the residential or visual amenity of the local area, or upon the function of the local centre. The proposal will help to bring the vacant unit back into productive use and provide additional choice for local residents. The proposal complies with the relevant policies of the development plan and there are no material considerations which would justify the refusal of consent. It is recommended that consent is granted subject to an appropriate condition regarding the installation and ongoing maintenance of a suitable ventilation system. 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. That prior to the commencement of any works on site, full technical details relating to the method of ventilation, including its control of odours, fumes and vapours generated on the premises, and its noise level, shall be submitted to and agreed in writing by the Council as Planning Authority. Reason: In the interests of residential amenity. 02. That prior to the development becoming operational, the ventilation system as approved in writing by Condition 1 of this consent, shall be installed appropriately. Reason: In the interests of residential amenity. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact on amenity, public safety, the local environment or upon the function of the local centre, and complies with the provisions of Policies 1, 2, 14 and 27 of National Planning Framework 4 (2023), and Policies 2, 5, 9, DM1 and DM9 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 74
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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=S9XJ2ZOPMNT00 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 75
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Report Agenda Item Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0297 Proposal: Change of Use of Farm Steading to Form 2 Dwellings, Restoration of Farmhouse to Form 1 Dwelling, Erection of 3 Dwelling Houses and Associated Access Improvements - Further Application Under Regulation 11 to Amend Layout and Design of one of the Dwellinghouses Approved Under Application P/22/0345 Site Address: Orchard Farm Waygateshaw Road Carluke ML8 5PX Applicant: Mr M Porcelli Agent: Nicholas Lindsay Architects Ward: 01 Clydesdale West Application Type: Full Planning Permission Advert Type: Non notification of neighbours and development affecting the setting of Listed Building: Lanark Gazette 10 April 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 10 77
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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 Planning Application Decision Making Process (2015) as more than 5 representations have been submitted in relation to the proposals. 2. Site Description 2.1. The application site is situated between Crossford and Braidwood on a small plateau above the River Clyde. It is enclosed by mature woodland and sloping ground to the south and east, whilst to the west, the land falls to the River Clyde floodplain. To the south-west of the farm steading lie the Listed Buildings of the Italian Garden and Orchard House Nursing Home. These properties are screened from the steading buildings by the nature of the local topography and mature woodland. 2.2. To the west and south of the steading group, the fields were planted with orchard trees and the presence of a number of ancillary potting or storage sheds are evidence that the orchards were at one time run commercially. Access to the steading is taken from the unclassified Waygateshaw Road via an unsurfaced access track which continues down the north side of the steading to the orchards to the south and west of the farmhouse. A private driveway to Orchard House adjoins the site to the south. 3. Description of Proposed Development 3.1. Planning Permission (P/22/0345 – approved at Planning Committee, September 2023) authorised a change of use of farm steading to form two dwellings, restoration of farmhouse to form one dwelling, erection of three dwelling houses and associated access improvements. The purpose of this application is to seek permission to change the design of the detached house at plot 2 and relocate it further northward of its current approved position. 3.2. The originally approved house was to be a 2 storey, 5 bedroom house with detached garage. It had a linear design, finished with stone walls, slate and weather boarding and was located in the south western corner of the site. The proposed house comprises a single storey pitched roof block linked by a flat roofed corridor to the main one and half storey section with single storey garage. It is linear in form and would be finished in metal and timber boarding – it is smaller in mass, height, and floor area than the previously approved house. The position of the house would be relocated further to the northeast, closer to the farm steading, in a level area of the site and would be orientated at an angle to face southwest (the original house had a west facing aspect). The access from the public road would remain unchanged. 3.3. Hedgerow and native tree planting is proposed along the northern and western boundaries of the plot. An air heat source pump and sustainable drainage would be installed. All foul drainage would be linked to a private treatment plant with clear water outflow to a soakaway. 4. Relevant Planning History 4.1. Planning permission (CL/12/00180) was granted on 1 April 2015 for the restoration and conversion of the farmhouse and steading and for the three new dwellings as enabling development and renewed by Planning Permission Ref. P/18/0374 on 1 April 2019. 4.2. A report recommending the removal of the need for a Section 75 planning obligation and amendment to planning conditions which were proposed to be attached to the planning permission CL/12/0180 was approved by the Planning Committee in January 2015. 78
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4.3. Listed Building Consent CL/12/0292 for the restoration and alteration of the B-Listed farmhouse and steading was granted in August 2013 and after it expired another Listed Building Consent P/22/0420, for the same proposal was granted in October 2022. 4.4. Planning Permission P/22/0345 (renewal of planning application P/18/0374) was granted by the Planning Committee on 5 September 2023. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- Design Statement 6. Consultations 6.1. None. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement in the local press, a total of 8 objections have been received. The issues raised are summarised as follows:- Objections:- Amenity Increase in light, noise, and other general pollution The proposal conflicts with the rural character of the area The houses are more suited to an urban area Land Use Concerns Not a sustainable location for 6 dwellings Cumulative impacts on nearby consents The application does not address the sustainable management of the site Impact on Natural and Historic Environment To be effective the farmstead and farm buildings must be restored first. The Listed Buildings have further deteriorated over time The area is of internationally recognised historical significance in that it remains one of the few areas in which one can witness the former importance of fruit growing in the Clyde Valley and its preservation is an important responsibility for the Council Roads Related Matters Narrow lane and unsuitable for increase in traffic The public footpath is not shown on the application Waygateshaw Road is already suffering from an increase in traffic and is not suitable for further increase Approach roads are single track, frequently used by agricultural vehicles and horses and are not suitable for the already increased traffic There has never been access to the development site from the lane running between Waygateshaw Road and Orchard House 79
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Other Matters Raised Pressure on existing utilities It is doubtful that the burn that takes the outflow from septic tanks can further support outflows The infrastructure for roads, water supply and electricity are already extended beyond its capacity and will further undermine its effectiveness for all residents The application has a lack of detail and does not clarify or identify what is intended in either the short or long term 7.2. Other non-material planning comments were included in representations. These points relate to:- The completed housing development at Gillfoot nursery does not fit into the landscape character The access at the road end of the lane is owned by Orchard Lodge, owned by an objector who does not intend to grant access 7.3. The above issues are considered in the assessment below. These letters have been copied and 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. The development plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) and National Planning Framework 4. National Planning Framework 4 8.2. National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 policies:- NPF4: Policy 1 Tackling the climate and nature crises NPF4: Policy 2 Climate mitigation and adaptation NPF4: Policy 3 Biodiversity NPF4: Policy 4 Natural places NPF4: Policy 7 Historic assets and places NPF4: Policy 8 Green belts NPF4: Policy 14 Design, quality and place NPF4: Policy 15 Local Living and 20 minute neighbourhoods South Lanarkshire Local Development Plan 2 (2021) 8.3. For the purposes of determining planning applications the Council will, therefore, also assess proposals against the policies contained within the adopted SLLDP2. In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate change Policy 4: Green Belt and Rural Area Policy 5: Development Management and Placemaking Policy 14: Natural and Historic Development 80
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SLLDP2 Volume 2 Policies Policy GBRA1: Rural Design and Development Policy GBRA4: Conversion and Re-use of Existing Buildings Policy DM8: Enabling Development Policy NHE3: Listed Buildings Policy NHE16: Landscape 9. Guidance 9.1. None 10. Assessment and Discussion 10.1. Principle of Development NPF4 Policy 8 – Green Belts states that development proposals will only be supported within green belts in certain circumstances which includes the re-use and rehabilitation of historic environment assets. Any development in the green belt must also demonstrate that the location is essential, does not undermine the purpose of the greenbelt, is compatible with the surrounding area, is of an appropriate design and would not have a detrimental impact on the environmental quality of the area. 10.2. The proposal involves the re-use and rehabilitation of an important B-Listed building and although there is no specific reference to necessary enabling development in Policy 8, this is referred to and justified under the terms of Policy 7 Historic assets and places, which the proposal is considered to comply with. The character of the established countryside and landscape would not be adversely affected, the new build element has been appropriately designed and sited, the restoration works, and planting scheme would enhance environmental quality and the purpose of the green belt would not be undermined. 10.3. In this instance the long-term future of an important historic asset within the green belt cannot be secured without enabling development in the same location to contribute to the significant costs of the listed building refurbishment. The retention of this heritage asset, and the means to bring that retention about, are therefore considered to enhance the landscape character and long-term environmental quality of the green belt at this location. Policy compliance had already been established by the previous Planning Permission P/22/0345 for the whole development. The current application relates to a design change to and relocation of the approved dwelling at plot 2 and would not undermine in anyway policy objectives or contradict the previous planning approval. 10.4. In terms of Local Development Plan policy, the application site lies within the green belt and is subject to assessment against Policy 4 - Green Belt and Rural Area of the adopted SLLDP2. This states 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, protect and provide access to open space. Development which does not require to locate in the countryside would be expected to be accommodated within the settlements identified on the proposals map. There are several instances where small scale residential developments could be acceptable as set out in SLLDP2 and in this case the relevant policies are described below. 81
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10.5. GBRA4 Conversion and Re-use of Existing Buildings list a range of criteria which are relevant to the proposal and are as follows:- 1. Buildings shall be of a local, visual or historical merit which generally relates to traditionally constructed buildings. 2. Buildings shall be suitable for conversion and a structural survey submitted to determine the condition of the building to demonstrate that it is capable of conversion to the proposed use. 3. The structure, form, setting, historic and architectural integrity of the original buildings shall be respected and preserved so that they retain their traditional appearance after conversion. 4. Any alterations, extensions or increase in height of the original building shall be carried out sympathetically without detrimentally affecting the proportions or character of the original building. 10.6. It has already been established through the previous renewal, Listed Building Consent and Planning Permission and structural survey (submitted as supporting information with the original planning application), inspections and protective works undertaken to date that the conversion and alterations are appropriate. The current application relates to the house substitution on plot 2 and does not affect the approved conversion of the Listed farmhouse and steading. 10.7. Policy DM8 - Enabling Development advises that proposals for single houses or small- scale housing shall be considered where it is required to fund works to a Listed Building or other significant historical asset. Proposals will be required to meet the following criteria:- ⧫ It requires to be demonstrated that this is the only means to prevent the loss of the asset and secure its long-term future ⧫ Evidence is required in all cases to demonstrate that other sources of funding have been pursued and why these are unavailable or unable to fully fund the project ⧫ Any new development shall be the minimum necessary to bridge any gap in funding to achieve the works required ⧫ A business plan will be required. The expected demand and sale price of the proposed dwelling(s) shall be evidenced and based on a local market assessment ⧫ The development shall be designed and sited carefully to preserve and enhance the character and setting of the historical asset and the surrounding landscape or townscape ⧫ The location, siting and design of the new house(s) shall meet existing design policy and guidance as set out in LDP2 and supporting planning guidance In all cases, a Section 75 obligation and/or planning condition will be required to control the phasing of the works in relation to the proposed dwellings 10.8. Conditions to control phasing would be applied in the event approval is granted. In consideration, the proposed development complies with Policies 4 - Green Belt and Rural Area, GBRA4 – Conversion and Re-use of Existing Buildings and DM8 – Enabling Development of the adopted Local Plan. 10.9. Climate Change NFP4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. 82
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10.10. The site is not at risk of flooding. If planning permission is granted, conditions would be attached requiring the submission and approval of details for low carbon technology, for a tree planting scheme, protection measures for retained trees and the installation of an electric vehicle charging point. The proposed house has been orientated to maximise solar gain and natural daylight and an air heat source pump would be installed, contributing towards the renewable production of domestic heat and hot water. Part of the proposal involves the re-use of a vacant building which ties in with the objectives of sustainability. In consideration, the proposals would not undermine the objectives of Policy 2. 10.11. Layout, Siting and Design NPF4 Policy 14 Design, quality and place and SLLDP2 Policies 5 Development Management and Placemaking and GBRA1 Rural Design and Development aim to ensure well designed development that makes for successful places and considers the impact on residential amenity and the appropriateness of the development to a rural setting. 10.12. The previous Planning Permission P/22/0345 for the conversion of the Listed Building and erection of three bespoke designed dwellings, linked to enabling development, confirmed compliance with relevant policies. The assessment of this application is primarily focused on the appropriateness of the proposed amended design and house position for the new build property at Plot 2. 10.13. Although contemporary, the design is respectful of its surroundings and reflects the scale, mass, and form of rural farm architecture. The proposal would have the appearance of low lying agricultural buildings set back a reasonable distance from the original historic steading, allowing a cohesive grouping. Internally it would be adaptable to changing needs and lifestyle with an open plan living area. The proposed house is not as bulky and, in terms of design quality, is better than the previously approved house. 10.14. The benefits of the outdoors to wellbeing are enhanced by access to an extensive garden and covered patio. In considering distance from and orientation to, the proposed dwelling would not impact unacceptably on existing and proposed neighbouring dwellings in terms of privacy, overshadowing or loss of sunlight. The level of light emission would not be significant, being similar to that omitted from existing properties. The right of way, which passes through the site and is referred to in the site plan, would not be impeded or blocked by this development. The proposed dwelling would be positioned on the flattest area of the plot, thereby minimising the need for land reprofiling and engineered excavations. 10.15. The objectors rather than address the specific purpose of the application to change the design and position of the house at plot 2, have repeated arguments against the principle of the whole development which has already been subject to a series of previous approvals, the most recent being approved in September 2023. These approvals had already comprehensively considered all relevant issues including impacts upon infrastructure, road network, traffic safety, residential amenity, landscape, and biodiversity, concluding that there would be no adverse impacts. The current proposal does not introduce any material changes necessitating a reappraisal of assessments applying to the said previous consents. The proposal is therefore satisfactory in terms of NFP4 Policy 14 and SLLDP2 Policies 5 and GBRA1. 10.16. Policy 15 Local living and 20 minute neighbourhoods states: ‘Development proposals will contribute to local living including, where relevant. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity 83
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of the proposed development with the surrounding area, including local access to: sustainable access (including local public transport and safe, high quality walking, wheeling and cycling networks), employment, shopping, health and social care facilities, schools and play areas.’ 10.17. The site is in the countryside some distance from the nearby settlement of Crossford and is not capable of achieving many of the characteristics of the 20-minute neighbourhood or achieving wider local -living aspirations. Notwithstanding this, for the fit able pedestrian there is a path from the site down to the river edge where it joins the Clyde walkway, a good quality path connecting through to Crossford, where a range of services/facilities, approximately 1.2km to the south east, can be accessed. In view of the circumstances described, the proposal does not fully accord with the aims and intent of Policy 15 of National Planning Framework 4. 10.18. Natural and Historic Heritage NPF4 Policy 3 Biodiversity states that development proposals should contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats, and building and strengthening nature networks and the connections between them. 10.19. The original application (CL/12/0180) was supported by an ecological assessment which contained recommendations relating to the protection and enhancement of wildlife, habitats, and flora. A protected species survey was also carried out prior to the determination of the original application in July 2012 which made various recommendations and the permission included a condition requiring an update to the ecology report. That condition would be replicated on any subsequent permission and would include a requirement for any mitigation measures proposed in the report to be implemented. Biodiversity would be further enhanced by a proposed tree and hedgerow planting scheme. No trees or habitat important to biodiversity are affected by the proposed changes to Plot 2. The proposal is considered to comply with the objectives of this policy subject to compliance with relevant conditions, and the implementation of the recommendations contained within an updated ecological assessment. 10.20. NPF4 Policy 4 Natural Places is of relevance due to the site falling within a designated Special Landscape Area as identified in the adopted Local Plan. The policy states ‘Development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where: Development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified’. 10.21. The development would respect the historic development pattern in this part of the Clyde Valley and would not appear out of place. They are sited so that the setting of the steading would not be adversely affected. In addition, existing trees, and proposals to reinforce this planting, including the restoration of an historic orchard would further aid the integration of the development. 10.22. The scale, materials, and design of the proposed dwelling reflects some of the characteristics found in the local rural area and the mix of materials and building proportions add a modern interpretation to construction rather than being a pastiche of the listed buildings. In addition, the site is reasonably self contained and the new house would not be noticeably prominent in the setting of the wider landscape. The backdrop of the existing farm steading and undulating topography along with tree planting should ensure visual containment of the proposals in the surrounding landscape and, as such, the proposal would not have an adverse impact upon the 84
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qualities and character of the designated Special Landscape Area. Therefore, the proposal is considered acceptable with regards to Policy 4 of NPF4. 10.23. NPF4 Policy 7 Historic assets and places states that development proposals for the reuse, alteration or extension of a listed building will only be supported where they will preserve its character, special architectural or historic interest and setting. Development proposals which sensitively repair, enhance and bring historic buildings, as identified as being at risk locally or on the national Buildings at Risk Register, back into beneficial use will be supported. Enabling development for historic environment assets or places that would otherwise be unacceptable in planning terms, will only be supported when it has been demonstrated that the enabling development proposed is:- i. essential to secure the future of an historic environment asset or place which is at risk of serious deterioration or loss; and ii. the minimum necessary to secure the restoration, adaptation and long-term future of the historic environment asset or place. The beneficial outcomes for the historic environment asset or place should be secured early in the phasing of the development and would be ensured through the use of appropriate conditions. 10.24. The previous Planning Permission P/22/0345 accepted that three new dwellings were justified as enablement to secure the satisfactory restoration and long term future of the B-Listed Orchard Farmhouse and steading. In the case of Orchard Farm, a full assessment of the proposal to convert it into three dwellings has been carried out through the associated Listed Building Consent (P/22/0420), granted October 2022 which concluded that the principle of conversion is acceptable. Conditions are recommended to ensure: that the funds from the sale of the plots will be invested into the restoration of the Listed Building; approval of phasing details prior to the commencement of development and; approval of external finishes/colours. In view of the above assessment the proposal complies with Policy 7 of NPF4. 10.25. SLLDP2 Policy 14 – Natural and Historic Environment advises that the Council assess all development proposals in terms of their impact on the natural and historic environment, including biodiversity, geodiversity, landscape and townscape. In Category 3 areas (which includes B and C listed Buildings their settings and Special Landscape Areas) development which would have a significant adverse impact following the implementation of mitigation measures will only be permitted where the effects are outweighed by significant social or economic benefits. Where possible, any development proposals which affect natural and historic designations should include measures to enhance the conservation value of the site affected. 10.26. SLLDP2 Policy NHE3 – Listed Buildings states development affecting the setting of a Listed Building shall seek to preserve its setting. The layout, design, materials, scale, siting and use of any development shall be sensitive to and respect the character and appearance of the Listed Building and its setting. 10.27. Policy NHE16 – Landscape advises that development proposals within Special Landscape Areas will only be permitted where they can be accommodated without having an unacceptable significant adverse effect on the landscape character, scenic interest and special qualities and features for which the area has been designated. All proposed development should take into account the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. 85
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10.28. The characteristics of the landscape around Orchard Farm, is of mature woodland with narrow roads bordered by established hedgerows meaning that views of the new build houses would be restricted. The new build element of the proposal would be viewed against a backdrop of mature woodland on the western boundary which screens Orchard Farm from the A72. Views of the development from within the Special Landscape Area will therefore be restricted to the immediate locality. No historic or landscape features which contribute to landscape quality would be affected by the new dwellings and tree/hedgerow retention and a scheme of tree planting and orchard restoration will ensure further integration of the development into its setting. 10.29. In terms of the impact on landscape character, there are similar low density residential developments nearby and, as such, this proposal can be integrated without appearing out of place. Restoring an important Listed Building and saving it from dilapidation and continuing deterioration is a positive outcome which would enhance the character of the local area. Assessment of details associated with the conversion works to the listed buildings is acceptable and are subject of Listed Building Consent P/22/0420. Although the proposed house at Plot 2 would be moved closer to the Listed Building, a minimum distance of 60m will be maintained and the ridgeline of the proposed new house will be 2.5m lower than the farmhouse – the new build would introduce contrast and variety whilst complementing the original building group, reflective of how rural steadings have evolved and expanded over the years. As such, the setting and character of the Listed Building and Special Landscape Area would not be adversely affected. In considering the above, the proposal complies with policies 14, NHE3 and NHE16 of South Lanarkshire Local Development Plan 2. 10.30. Conclusion The principle of converting the Listed Building into residential units and erection of three new dwellings has already been established. The application specifically relates to alterations to the design and relocation of the new house within the confines of plot 2. These revisions are sensitive to the rural character and the setting of the Listed Building and have resulted in marked improvements to the initial house design. In view of the above, the proposal is an appropriate form of development for the site and complies with National and Local Plan policies. 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. That the funds from the sale of the first plot shall cover the cost of servicing the plots and that the remaining balance shall then be invested in the listed building, starting with work to renew the roof of the Listed Building. The quantifying expenditure shall be submitted to the Council as Planning Authority for verification before the second plot can be released for sale. The funds from the second Plot shall be further invested into the Listed Building. Work shall continue to be spent on the roof and on completion, any remaining funds shall be spent on the inside of the Listed Building starting with the windows. Again, the quantifying expenditure shall be submitted to the Council as Planning Authority for verification. Thereafter the third plot can be released for sale and funds from that sale shall be directed towards the completion of the conversion and restoration of the Listed Building. 86
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Reason: To ensure the proper and timeous restoration and conversion of the Listed Building and to retain effective planning control. 02. Details of the phasing of the development shall be submitted to the Council for approval, and no work shall begin until the phasing scheme has been approved in writing. Following approval, the development shall be implemented in accordance with the approved scheme. Reason: In order to retain effective planning control. 03. No earlier than 6 months prior to works commencing on site, the Ecology survey (JDC ecology, July 2012) shall be updated and submitted for the written approval of the Council as Planning Authority. All mitigation measures proposed therein including where necessary bat licence, installation of bat boxes, 30 metre exclusion zone around any identified badger sett within the application site, badger method statement and nesting bird method statement shall be implemented in full, in accordance with the approved details. Reason: In the interests of nature conservation. 04. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council as Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 05. That no trees within the application site shall be lopped, topped, pollarded or felled, and no shrubs or hedges shall be removed from the application site without the prior written consent of the Council as Planning Authority. Reason: To ensure the protection and maintenance of the existing trees and other landscape features within the site. 06. Prior to the commencement of the development hereby approved (including any demolition and all preparatory work), a scheme for the protection of the retained trees, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Council as Planning Authority. Specific issues to be dealt with in the TPP and AMS are as follows:- a) Location and installation of services/ utilities/ drainage. b) Methods of demolition within the root protection area (RPA as defined in BS 5837: 2012) of the retained trees. c) Details of construction within the RPA or that may impact on the retained trees. d) A full specification for the installation of boundary treatment works. 87
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e) A full specification for the construction of any roads, parking areas and driveways, including details of the no-dig specification and extent of the areas of the roads, parking areas and driveways to be constructed using a no-dig specification. Details shall include relevant sections through them. f) Detailed levels and cross-sections to show that the raised levels of surfacing, where the installation of no-dig surfacing within Root Protection Areas is proposed, demonstrating that they can be accommodated where they meet with any adjacent building damp proof courses. g) A specification for protective fencing to safeguard trees during both demolition and construction phases and a plan indicating the alignment of the protective fencing. h) A specification for scaffolding and ground protection within tree protection zones. i) Tree protection during construction indicated on a TPP and construction and construction activities clearly identified as prohibited in this area. j) Details of site access, temporary parking, on site welfare facilities, loading, unloading and storage of equipment, materials, fuels and waste as well concrete mixing and use of fires. k) Boundary treatments within the RPA. l) Methodology and detailed assessment of root pruning. m) Arboricultural supervision and inspection by a suitably qualified tree specialist. n) Reporting of inspection and supervision o) Methods to improve the rooting environment for retained and proposed trees and landscaping. p) Veteran and ancient tree protection and management. The development shall thereafter be implemented in strict accordance with the approved details. Reason: To ensure that the trees to be retained will not be damaged during demolition or construction and to protect and enhance the appearance and character of the site and locality. 07. All trees to be removed must be replaced by semi-mature/mature trees of a similar species at the locus. Reason: In the interests of amenity. 08. That before any work commences on the site, a scheme of landscaping for the application site as outlined in red on the plans hereby approved, shall be submitted to the Council as Planning Authority for written approval and shall include:- (a) proposals to maintain and enhance the biodiversity of the site; (b) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (c) details and specification of all trees, shrubs, grass mix, etc including, where appropriate, the planting of fruit/apple trees; (d) details of any top-soiling or other treatment to the ground; (e) sections and other necessary details of any mounding, earthworks and hard landscaping; 88
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(f) proposals for the initial and future maintenance of the landscaped areas; (g) details of the phasing of these works. For the avoidance of doubt no work shall be undertaken on the site until approval has been given to these details. Reason: In the interests of the visual amenity of the area. 09. That the landscaping scheme relating to the development hereby approved under Condition 9 above, shall be carried out simultaneously with the development, or each phase thereof as agreed appropriate. Reason: In the interests of amenity. 10. That before any work commences on site, a maintenance and management scheme shall be submitted to and approved by the Council as Planning Authority and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed grassed, planted and landscaped areas as approved under the terms of Condition 9 above; and (d) the proposed boundary treatment. Reason: To safeguard the amenity of the area. 11. For the avoidance of doubt, no consent is granted for the physical sub-division of any part of the courtyard within Orchard Farm, and at all times the courtyard shall be kept free of walls, fences or other means of boundary definition. Reason: To safeguard the character and appearance of the Listed Building. 12. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority. Reason: In the interests of amenity and in order to retain effective planning control. 13. That before any work commences on the site, sample panels of all the proposed wall finishes shall be provided and no further work on the site shall be commenced until the written approval of the Council as Planning Authority has been granted for these finishes. The approved sample panels shall remain in place throughout construction and be used as a quality template. For the avoidance of doubt the sample panels for the natural stone and natural slate walling shall clearly demonstrate the colour, texture and coursing of the materials. Reason: To ensure satisfactory integration of the new dwellinghouses with the designated Greenbelt. 89
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14. All external colours shall be agreed in writing with the Council as Planning Authority prior to the commencement of works. Reason: In the interests of amenity and in order to retain effective planning control. 15. That before development starts, details of all boundary treatments and their location shall be submitted to and approved in writing by the Council as Planning Authority and thereafter all approved works shall be completed in accordance with the approved details prior to the development hereby approved being occupied or brought into use. Reason: In the interests of amenity and in order to retain effective planning control. 16. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Scotland) Amendment Order 2011 (or any such order revoking or re-enacting that order), no development shall take place within the curtilage of the application site other than that expressly authorised by this permission without the submission of a further planning application to the Council as Planning Authority. Reason: In the interests of the visual amenity of the area. 17. That notwithstanding the terms of the Town and Country Planning (General Permitted Development)(Scotland) Amendment Order 2011 (or any such order revoking or re-enacting that order), no fences, walls or other means of enclosure shall be erected on the site other than post and wire fences up to 1 metre in height or those expressly authorised by this permission without the submission of a further planning application to the Council as Planning Authority. Reason: In the interests of amenity and in order to retain effective planning control. 18. That before any of the dwellinghouses hereby approved are brought into use, a 6 metre wide dropped kerb verge crossing, with the kerb laid to delineate the edge of the public road and hard surfaced for the first 6 metres behind the edge of the public road, shall be constructed in accordance with the approved specification and to the satisfaction of the Council as Roads and Planning Authority. Reason: In the interest of public safety. 19. That before any of the dwellinghouses hereby approved are completed or brought into use, visibility splays of 2.4 metres by 100 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. Reason: In the interest of road safety 90
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20. That before any of the dwellinghouses hereby approved are occupied, a drainage system capable of preventing any flow of water from the site onto the public road or neighbouring land, or into the site from surrounding land shall be implemented. Reason: To ensure the provision of a satisfactory drainage system. 21. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Developer Design Guidance (May 2020) and shall include the following signed appendices: C 'Sustainable Drainage Design Compliance certificate', D 'Sustainable Drainage Design Independent Check Certificate' and E 'Confirmation of Future Maintenance of Sustainable Drainage Apparatus' . The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on-site and off-site flooding. 22. Prior to the commencement of works a detailed plan of public access across the site (existing, during construction and upon completion) shall be provided for the approval of the Council as Planning Authority. For the avoidance of doubt this shall show:- a) all existing paths, tracks and rights of way, and any areas currently outwith or excluded from statutory access rights*; b) any areas proposed for exclusion from statutory access rights, for reasons of privacy, disturbance or curtilage, in relation to proposed buildings or structures; c) all paths and tracks proposed for construction, for use by walkers, riders, cyclists, all-abilities users, etc; and d) any diversions of paths - temporary or permanent - proposed for the purposes of the development. * under Part One of the Land Reform (Scotland) Act 2003. Reason: In the interests of satisfactorily maintaining public rights of way. 23. (a) The applicant shall be required to undertake a comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by the Council as Planning Authority. The investigation shall be completed in accordance with the advice given in the following:- (i) Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995); 91
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(ii) Contaminated Land Report 11 - 'Model Procedures for the Management of Land Contamination (CLR 11) - issued by DEFRA and the Environment Agency; (iii) BS 10175:2001 - British Standards institution 'The Investigation of Potentially Contaminated Sites - Code of Practice'. (b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. (c) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council's written approval of the remediation plan. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 24. (a) Remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority. (b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels. (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site-specific risk assessment of any associated pollutant linkages, shall then require to be submitted to and approved in writing by the Council as Planning Authority. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 25. No development shall commence at Plot 3 until:- a) a scheme of intrusive investigations has been carried out on site to establish the risks posed to the development by past coal mining activity; and b) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed. 92
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The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To ensure safe development and mitigate against ground instability on site for the lifetime of the development. 26. Prior to the occupation of the dwelling house at Plot 3, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason: To ensure safe development and mitigate against ground instability on site for the lifetime of the development. 27. Prior to the commencement of development on site, details of the Sustainable Urban Drainage System (SUDS) and its maintenance following installation shall be submitted to and approved by the Planning Authority. The SUDS shall be designed to ensure that contaminants present on the site are not mobilised and that pollution pathways are not created. The Sustainable Urban Drainage System shall thereafter be constructed in accordance with the approved details. Reason: To ensure that no contaminated material leaves the site untreated in order to protect public health, the water environment and to ensure that the site is fit for its intended use. 28. That the dwellinghouses shall not be occupied until the developer provides a written agreement from Scottish Water and SEPA that the site can be served by a water supply and sewerage scheme in accordance with relevant standards and regulations. Reason: To ensure that the development is served by an appropriate effluent disposal system and water supply. 29. Prior to the commencement of development on site, an energy statement covering the new build element of the approved development which demonstrates that on-site zero and low carbon energy technologies contribute at least an extra 10% reduction in CO2 emissions beyond the 2007 building regulations carbon dioxide emissions standard, shall be submitted to and approved in writing by the Council as Planning Authority. The statement shall include:- a) the total predicted energy requirements and CO2 emissions of the development, clearly illustrating the additional 10% reduction beyond the 2007 building regulations CO2 standard; b) a schedule of proposed on-site zero and low carbon energy technologies to be included in the development and their respective energy contributions and carbon savings; c) an indication of the location and design of the on-site energy technologies; and 93
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d) a maintenance programme for the on-site zero and low carbon energy technologies to be incorporated. Reason: To secure a reduction in carbon dioxide emissions. 30. The approved on-site zero and low carbon energy technologies shall be fully installed and operational prior to the occupation of any approved buildings and shall thereafter be maintained and shall remain fully operational in accordance with the approved maintenance programme, unless otherwise agreed in writing by the Council as Planning Authority. Reason: To secure the timeous implementation of on-site zero and low carbon energy technologies. 31. Prior to commencement of the development hereby approved, details of measures to facilitate the provision of full fibre broadband to serve the development, including details of appropriate digital infrastructure and a timescale for implementation, shall be submitted to and approved in writing by the Council as Planning Authority, unless otherwise agreed in writing with the applicant. The approved measures shall thereafter be carried out in accordance with the agreed implementation timescale. Reason: To ensure the provision of digital infrastructure to serve the development. 32. That prior to the commencement of works, details and locations of charging points for electrical cars, at a rate of one charging point per house plot, shall be submitted for the written approval of the Council as Planning Authority. Prior to the completion of the development the approved charging points shall be installed, available for use and thereafter maintained and replaced where necessary to the satisfaction of the Council. Reason: To ensure facilities for recharging electrical cars are available for the use of the residents. 33. 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). 12. Reason for Decision 12.1. The proposal would not adversely impact on visual amenity, landscape quality, raises no road safety concerns, conserves an important B-Listed Building and the application site is self contained. In addition, the proposal meets the 3 tests for the renewal of planning applications and accords with Policies 1, 2, 3, 4, 7, 8, 14 and 15 of National Planning Framework 4 and Policies 2, 4, 5, 14, GBRA1, GBRA4, DM8, NHE3 and NHE16 of the South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 94
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Background Papers Further information relating to the application can be found online:- P/24/0297 | Change of use of farm steading to form two dwellings, restoration of farmhouse to form one dwelling, erection of three dwelling houses and associated access improvements - Further application under Regulation 11 to amend layout and design of one of the dwellinghouses approved under application P/22/0345. | Orchard Farm Waygateshaw Road Carluke ML8 5PX 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 95
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Report Agenda Item Report to: Planning Committee Date of Meeting: 25 June 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0329 Proposal: Demolition of Existing Building and Erection of 4 Terraced Dwellinghouses with Associated Parking and Landscaping Site Address: 26 Church Street Larkhall ML9 1HE Applicant: Lablik Homes Agent: Wilson Architects Ward: 14 - Larkhall Application Type: Full Planning Permission Advert Type: Non-notification of neighbours – Hamilton Advertiser Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant subject to conditions Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 11 97
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Clause 16 of the South Lanarkshire Scheme of Delegation, namely the application has received more than 5 objections. 2. Site Description 2.1. The site is located in Larkhall to the south of the town centre and within close proximity to the train station, bus services on the Main Street and the various services and amenities Larkhall has to offer. The site is accessed off Gallowhill Road which is a no through road to vehicular traffic. However, it does provide a pedestrian link between the Secondary School, Leisure Centre and the town centre. The site was recently used as a joinery workshop, yard and storage area. 2.2. The site is bounded on the north by a vehicle repair unit and other commercial units. Residential areas are located to the east, south and west. 3. Description of Proposed Development 3.1. Planning permission is sought to erect four terraced two storey dwellings with associated parking and landscaping. Each dwelling would contain 3 bedrooms, with kitchen and lounge on the ground floor and separate rear garden areas. 3.2. The proposed finishing materials include concrete roof tiles, reconstituted stonework, cedral lining board and white render, with UPVC windows. Drainage is shown in the form of an attenuation tank under the car parking. Connections to the public drainage and water supply are proposed. 3.3. During the handling of the application, amended plans have been submitted in order to clarify boundary arrangements at the rear and relocate the bin storage area. This would allow refuse to be collected on Gallowhill Road, thus avoiding any conflict with existing arrangements for bin storage and collection on Broomhill Court. Plans have also added further landscaping, including hedging across the front of the site and clarified arrangements for garden grounds and sustainable urban drainage. 4. Relevant Planning History 4.1. A previous planning application for 8 flatted dwellings was refused in August 2023, under reference P/21/1208 due to a lack of supporting information and overdevelopment of the site. This current application has been submitted by the same applicant and is an amended scheme. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- Supporting Statement - setting out the design and access arrangements. 6. Consultations 6.1. Roads Development Management – No objections subject to conditions relating to surfacing and a construction traffic management plan. Response: Noted. 6.2. Environmental Services – No objections. Response: Noted. 6.3. Scottish Water – No objections as there is sufficient water and waste water capacity. Response: Noted. 98
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 8 representations have been received (7 objections, 1 comment, 0 support). The issues raised are summarised as follows:- Road safety Conflicts with driveway on no. 7 Broomhill Court Concerns with the access onto Gallowhill, the road is overused by parking and turning vehicles and the proposal would exacerbate present congestion, parking issues and safety concerns for pedestrians using route Concerns in relation to insufficient parking within the site Request that the road is a resident access and pedestrian only and an alternative access is found Damage to property Concerns relating to existing boundary fence between the site and residents of Broomhill Court Bin collection Concerns in relation to bin storage and collection taking place on Broomhill Court (amended plans have resolved this issue) Construction matters Concerns relating to construction vehicles and parking Other matters Gallowhill is a private road and residents pay for street lighting, hedging and grass The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 3 – Biodiversity Policy 9 – Brownfield, vacant and derelict land and empty buildings Policy 14 – Design, quality and place Policy 15 - Local living Policy 16 – Quality homes Policy 21 - Play, recreation and sport Policy 22 – Flood risk and management 99
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8.3. South Lanarkshire Local Development Plan 2(2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy DM7 - Demolition and Redevelopment for Residential Use Policy SDCC7 - Low and Carbon Emissions from New Buildings Policy DM15 - Water Supply Policy DM16 - Foul Drainage/Sewerage Provision South Lanarkshire Council (SLC) Supporting Planning Guidance Electric Vehicle Charging Points August 2022 9. Guidance 9.1. Developing with Nature Guidance - Nature Scot 10. Assessment and Discussion 10.1. Principle of Development In terms of the principle of residential use on this site, the site is located within the settlement of Larkhall. NPF4 Policy 16 - Quality Homes seeks to encourage, promote, and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations. NPF4 Policy 15 Local Living seeks to encourage, promote and facilitate connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport methods. NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings seeks to encourage, promote and facilitate reuse of brownfield, vacant and derelict land and reduce the need for greenfield development. SLLDP2 Policy 3 General Urban Areas is supportive of residential uses on appropriate sites. 10.2. The site is not specifically allocated for housing within the LDP; therefore it requires to be assessed against the terms of NPF4 Policy 16 part (f). Larkhall is a well-served town with a train station, bus connections, secondary and primary schools, health and social care facilities, major supermarkets and various types of employment opportunities. The site itself is located in the centre of the town within close proximity of the train station, the secondary school and town centre. The current site occupiers have relocated, leaving the site temporarily vacant. Its use for residential would reduce the need for greenfield development. 10.3. It is considered the proposal is consistent with the spatial strategy, local living and 20 minute neighbourhoods. The proposal is therefore considered to comply with part (iii) of 16 (f) as the proposal is for a smaller scale opportunity within an existing settlement boundary. A timing condition would be applied to any permission granted in line with part (i). Overall, the principle of the small-scale housing development can therefore be accepted in this case. There is no evidence of naturalisation or biodiversity value on the site. The proposal meets the terms of Policies 16, 15 and 9 of NPF4 and Policy 3 of SLLDP2. 100
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10.4. Climate Change NPF4 Policy 1 requires that when considering all development proposals, significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt to the current and future risks from climate change. The Chief Planner letter (4th February 2023) details that quantitative assessments shall be required and guidance in this aspect will be forthcoming. Until such time this proposal shall be assessed against SLLDP2 Policy 2 - Climate Change – which sets out criteria which new development should address to help minimise and mitigate against climate change. Thereby assisting in meeting the LDP overall strategic vision and the Scottish Government’s targets relating to climate change. 10.5. Policy SDCC7 – Low and Zero Carbon Emissions from Buildings - requests new buildings, such as this proposal, are designed such that the carbon dioxide reduction standard is met. NPF4 Policy 19 Heating and Cooling requires that buildings occupied by people (i.e. dwellings) ensure sustainable temperature management utilising passive methods where possible. NPF4 Policy 13 Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. 10.6. The site is well located, within 1.6km of the train station and less than 200m from bus connections on Church Street. There are no details of low or zero carbon technologies on the site, however, this could be requested by condition. The site layout has positioned the main living area windows to the south allowing for sustainable temperature management. The dwellings themselves shall be required to go through the Scottish Building Standards. A condition shall ensure provision of electric car charging which has been shown on submitted plans. In addition, the proposal will have no significant adverse impact on the water or soil environment, air quality, biodiversity and/or green networks. Therefore, overall the proposal is considered, on balance, to meet the terms of NPF4 Policies 1, 2, and 19 and SLLDP2 Policies 2 and SDCC7. 10.7. Layout, Siting and Design NPF4 Policy 14 - Design, Quality and Place seeks to encourage, promote and facilitate well designed development meeting the six qualities of successful places. SLLDP2 Policy 5 - Development Management and Placemaking and Policy DM1 - Design seeks to ensure proposals are well-designed and integrated into the local area. Proposals shall be suitable in terms of layout, scale, mass, design, impact on neighbouring properties. The proposals shall also include suitable access, parking, connections to public transport, sustainable urban design. NPF4 Zero Waste Policy 12 details that suitable bin storage inclusive of recycling bins shall be shown on site. SLLDP2 Policy DM7 - Demolition and Redevelopment for Residential Use provides guidance for this type of proposal. 10.8. The site is well positioned within the town, close to sustainable transport modes and services. The dwellings are not positioned in line with the established forward building line. However, given the triangular nature of the site and the constraints this would have placed on overlooking and lack of garden ground, it is considered that the current layout with the addition of landscaping to the front of the development is suitable. The scale of development at 2 storey is taller than those dwellings directly adjacent and there is an increase in the existing site levels. However, given the position of the proposed dwellings, the location in proximity to the town centre and 3 storey flatted dwelling to the rear of the site, it is considered that the scale and density is appropriate 101
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in this context. The proposed terrace and position of windows and distance from other properties does not pose unacceptable overlooking or overshadowing issues. 10.9. Each proposed dwellinghouse would have sufficient garden ground for the surrounding context, which is positioned south facing as is the living area. The layout includes 2 parking spaces per dwelling, with electric car charging shown on the plans. The communal landscaping would be kept to a minimum, whilst still creating a pleasant place. Suitable bin storage arrangements are proposed. 10.10. NPF4 Policy 21 (d) Play, recreation and sport details that any dwelling occupied by children and young people shall incorporate well-designed, good quality provision for play, recreation and relaxation which is proportionate to the development and existing provision in the area. In this context, it is not considered proportionate to request play provision. 10.11. Concerns have been raised in relation to the use of Gallowhill as the access point for the proposal. The previous application, which was refused, proposed Broomhill Court as the access point and this was the basis for one of the reasons for refusal. The recently relocated joinery business utilised this site and a similar access point to that now proposed. The scale of traffic movements associated with a joinery/yard/storage business (which is the current lawful use of the site) and 4 dwellinghouses (proposed) are unlikely to be materially different. Roads, Transportation and Fleet Services have not raised any objections to the use of Gallowhill as the access point for the proposal. 10.12. The proposal therefore meets the terms of NPF4 Policies 14 and 12 and SLLDP2 Policies 5, DM1 and DM7. 10.13. Biodiversity NPF4 Policy 3(c) Biodiversity details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. The Developing with Nature Guidance is pertinent in this case. The guidance encourages a mitigation hierarchy to be applied - avoid, minimise, restore and offset to achieve a net positive biodiversity impact. There is no notable biodiversity on site to avoid or minimise impact upon. The amended plans include a hedge along the frontage of the site and landscaping planting including a mix of plants to the front, chosen to be suitable for the urban location. It is considered given scale and location of the site that these measures are suitable. Therefore, subject to conditions, the proposal meets the terms of NPF4 Policy 3. 10.14. Technical Matters SLLDP2 Policy SDCC 3 - Sustainable Urban Drainage seeks to ensure suitable sustainable urban drainage. NPF4 Policy 22 - Flood risk and water management details that proposals shall not increase the risk of surface water to others or themselves. Additionally, all rain and surface water should be managed through SUDS and form part of the proposed/existing, blue/green infrastructure and areas of impermeable surfaces are to be minimised. The site is not at risk from river or surface water flooding. 10.15. The submitted information details an attenuation tank shall be utilised on site. However, Scottish Water have advised no connection to the pubic sewar for surface water except in exceptional circumstances and only in cases of brownfield land. This site could be considered brownfield and there is limited area within the site. It is considered acceptable in this case to allow the developer to investigate connections post planning determination and prior to a site start. Therefore, a condition requiring confirmation that a connection is achievable shall be required before any works 102
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commence on site. On this basis, the proposal meets the terms of SLLDP2 Policy SDCC3 and NPF4 Policy 22. 10.16. SLLDP2 Policy DM16 - Water Supply and Policy DM16 - Foul Drainage seeks to ensure appropriate water supply and foul drainage arrangements. The application form details connections will be made to the existing public water and sewerage system. Therefore, the proposal meets the terms of Policy DM15 and DM16 10.17. Conclusion In conclusion, the proposal seeks planning permission for 4 terraced dwellings. The site is well located within the settlement boundary of Larkhall and is a suitable location for residential use. The proposal is a suitable layout and design for the surrounding area, providing an attractive landscaped frontage and suitable parking, inclusive of electric vehicle charging, garden ground and bin storage. Overall, it is considered that the proposals comply with the provisions of the relevant policies within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2. 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 no development shall commence on site until written confirmation is submitted to the Council as Planning Authority confirming that Technical Approval or Permission to Connect has been agreed with Scottish Water. Reason: To ensure there are suitable surface water drainage arrangements prior to site start. 03. That prior to any works starting on site, an energy statement including details of low/zero carbon technologies shall be submitted for the written approval of the Planning Authority. The development shall then be completed in accordance with the approved details. Reason: To secure the timeous implementation of renewable and/or low carbon energy technologies. 04. That before any dwellinghouse hereby approved is completed or brought into use, an electric vehicle charging point shall be provided for each dwelling, and thereafter retained, and be capable of delivering a minimum 7kw charge all in accordance with the Council's 'Supporting Planning Guidance - Electric Vehicle Charging Points August 2022'. Reason: To ensure timely and continued provision of electric vehicle charging point. 103
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05. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 06. Prior to the commencement of any works associated with the development, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Council as Roads and Planning Authority and implemented thereafter. This document shall include details of access, egress, turning of construction vehicles, parking provision (including a parking plan) for staff and operatives, intended working hours, the management and storage of deliveries and the provision of wheel washing facilities. Reason: In order to retain effective planning control. 07. That prior to the occupation of any dwellinghouse hereby approved, the first two metres of the car park access shall be surfaced across its full width. Reason: In the interests of traffic and public safety. 08. The landscaping scheme as shown on approved plan 2142-05 Rev B, shall be implemented during the first available planting season following completion of the development hereby approved. Reason: To minimise the level of visual intrusion, and to protect the quality and character of the area as far as practicable. 09. That prior to the occupation of any dwellinghouse, hereby approved, the parking layout as shown on approved plan 2142-05 Rev B shall be finished in a permeable surface and thereafter retained. Reason: In the interests of traffic and road safety and surface water drainage. 10. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Scotland) Order 2011, the hedge as shown on approved plan 2142-05 Rev B shall be retained and maintained along the frontage of the site . Reason: To safeguard the residential and visual amenity of the area and in the interests of biodiversity. 11. Prior to the commencement of development on site, a dilapidation survey shall be conducted on Gallowhill. The scope of the dilapidation survey shall be agreed in writing with the Planning Authority and thereafter the findings shall be submitted to and agreed with the Planning Authority. The access road shall be maintained and/or repaired by the developer in accordance with the agreed details. Reason: In the interest of road and pedestrian safety. 104
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12. Reason for Decision 12.1. The application seeks detailed planning permission for four terraced dwellings. The site is suitable for residential use and the design and layout is suitable for the surrounding area. There is no significant adverse impact on amenity, public safety or the local environment. The proposal complies with Policies 1, 2, 3, 9, 12, 14, 16, 19, 21, 22 of National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5, SDCC3, DM1, DM15, DM16 and SDCC7 of South Lanarkshire Local Development Plan 2 (adopted 2021). David Booth Executive Director (Community and Enterprise Resources) Date: 17 June 2024 Background Papers Further information relating to the application can be found online:- P/24/0329 | Demolition of existing building and erection of 4 terraced dwellinghouses with associated parking and landscaping. | 26 Church Street Larkhall ML9 1HE (southlanarkshire.gov.uk) 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 105
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