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Agenda Document Pack - Planning Committee - 27/08/2024

South Lanarkshire Council · 27 August 2024
Back to Planning Committee — 27 August 2024 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Monday, 19 August 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, 27 August 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
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of the meeting of the Planning Committee held on 25 June 2024
submitted for approval as a correct record. (Copy attached)   
5 - 10 
Item(s) for Decision 
3 Review of the Planning Section of the Scheme of Delegation Relating to
Planning Applications
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources).  (Copy attached)   
11 - 44 
4 Application - P/22/0645 for Erection and Operation of Wind Farm
Consisting of up to 15 Turbines with a Maximum Height to Blade Tip of up
to 200 Metres and a Battery Energy Storage System (BESS) of 20
Megawatts (Consultation from Scottish Ministers Under Section 36 of the
Electricity Act 1989) at Land 1.5km Southeast of Cowgill Reservoir
Cottage, Birthwood Road, Coulter, Biggar
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
45 - 62 
5 Application P/22/0881 for Erection of 6 Turbines and Associated
Infrastructure Including New Site Entrance, New Access Tracks, Turbine
Foundations and  Hardstandings, Control Building and Substation,
Temporary Construction Compound and Temporary Borrow Pit at Land
1km West of Littlegalla Farm, Wiston, Biggar
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
63 - 74 
6 Application P/22/0973 for Partial Demolition of Stable Block, Erection of 1
House, Conversion of Remaining Stable Block into the Structure of the
Proposed New House Along with Associated Vehicular Access, Parking
and Landscaping at Land Next to Millhill, Tarbrax, Lanark
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
75 - 84 
7 Application P/23/0293 for Erection of 224 Houses with Associated
Infrastructure and Landscaping at Land 350 Metres Southeast of Wellburn
Farm, Strathaven Road, Lesmahagow
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
85 - 100 
8 Application P/23/1277 for Use of Agricultural Land for the Siting of 2
Tourist Accommodation Pods (Class 7) and Formation of Vehicle Access
at Smiddy Cottage, Yieldshields, Dyke Road, Carluke
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
101 - 108
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9  Application P/23/1501 for Proposed Transport Interchange Development to
Form Park and Ride Facility and Integrated Public Transport Facilities
Including the Formation of Access and Associated Infrastructure Including
Parking Spaces, Electric Vehicle Charging Facility, Cycle Storage,
Signalised Junctions, Lighting, Installation of CCTV and Landscaping and
SUDS at Land to the East of Redwood Drive, East Kilbride
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy of report to follow) 
109 - 110 
10  Application P/23/1543 for Demolition and Rebuild of 2 Storey House at 9
Sunningdale Wynd, Bothwell
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
111 - 120 
11  Application P/24/0112 for Erection of Drive-Thru Restaurant (Sui Generis)
with Associated Access, Servicing, Car Parking, Landscaping and Other
Associated Work at Land 70 Metres South of 28 Beck Avenue, Borland
Drive, Larkhall
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
121 - 136 
12  Application P/24/0192 for Demolition of Existing Outbuilding and Erection
of 2 Detached Houses, Access Road and Associated Works at Raws Farm,
High Kype Road, Strathaven
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
137 - 144 
13  Application P/24/0330 for Erection of 4 Houses (Retrospective) at Land 90
Metres South Southeast of 1 Milton Cottage, Milton Road, Carluke
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
145 - 154 
14  Application P/24/0449 for Erection of 19 Houses (Including 8 Cottage Flats)
and Formation of New Access Road, Landscaping and Fencing at Site of
Former McWhirter House, Raploch Street, Larkhall
Report dated 19 August 2024 by the Executive Director (Community and
Enterprise Resources). (Copy attached) 
155 - 164 
Urgent Business 
15  Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING COMMITTEE 
Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street,
Hamilton on 25 June 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 Allan Falconer (substitute for
Councillor Lesley McDonald), Councillor Alistair Fulton, Councillor Celine Handibode, Councillor
Ross Lambie, Councillor Davie McLachlan, Councillor Norman Rae, Councillor Graham Scott,
Councillor David Shearer, Councillor Helen Toner 
Councillors' Apologies:
Councillor Joe Fagan (ex officio), Councillor Elise Frame, Councillor Graeme Horne, Councillor
Martin Lennon, Councillor Monique McAdams, Councillor Lesley McDonald, Councillor John Ross,
Councillor David Watson 
Attending:
Community and Enterprise Resources
F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning and Building Standards
Manager (East); F Jack, Team Leader, Development Management Team, Roads, Transportation
and Fleet Services; D Russell, Planning and Building Standards Manager (West)
Finance and Corporate Resources
K McLeod, 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 28 May 2024 were submitted for
approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
3 Masterplan Consent Areas 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted:- 
 providing an update on current planning legislation on Masterplan Consent Areas
 requesting approval of the Council’s statement on its approach to Masterplan Consent
Areas, attached as Appendix 1 to the report 
The Planning (Scotland) Act 2019 introduced the ability for Planning Authorities to prepare
Masterplan Consent Area (MCA) schemes for their area.  MCA schemes acted as a grant of
authorisation of the following statutory consents for the carrying out of development that was
specified in the scheme, subject to conditions, limitations and certain exceptions:-
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 planning permission
 roads construction consent
 listed building consent
 conservation area consent 
MCAs would set out the Council’s aspirations for new development including new construction
and changes to the use of land and buildings which would contribute towards the regeneration
of the area. 
The Act placed a duty on the Council to consider whether it was desirable to make an MCA
scheme at least once every 5 years and the Council was required to publish a statement
showing how this duty had been fulfilled, including what had been decided and the reasons for
the decision.  Guidance on this duty, published by the Scottish Government on 19 March 2024,
recognised that it would not be possible for Planning Authorities to prepare an MCA as the
Regulations were not yet in place.  However, it stated that Planning Authorities should consider
how they wished to make use of the Regulations once they were in place. 
The Council was required, by 24 July 2024, to fulfil its legal obligations under the Town and
Country Planning (Scotland) Act as amended, to publish a Scheme for Masterplan Consent
Areas that had been identified or a statement of intent to reconsider the Council’s position once
the Regulations were in place. 
The development of MCAs would be fully assessed during the preparation of the proposed
South Lanarkshire Local Development Plan 3.  As a result, it was considered appropriate that
the Council’s statement, attached as Appendix 1 to the report, be based on the second option of
a statement of intent. 
The Committee decided: that the statement setting out the Council’s approach to
Masterplan Consent Areas, attached as Appendix 1 to the
report, be approved. 
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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/21/0225 by Enviro-Clean (Scotland) Limited for the
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. 
The Committee decided: that planning application P/21/0225 by Enviro-Clean
(Scotland) Limited for the 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 be refused for
the reason detailed in the Executive Director’s report.
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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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1224 by Hodge Plant Limited for the 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. 
The Committee decided: that planning application P/22/1224 by Hodge Plant Limited
for the 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 be refused for
the reason detailed in the Executive Director’s report. 
[Reference:  Minutes of 3 November 2020 (Paragraph 12)] 
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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/23/1293 by Hodge Plant Limited for the 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. 
The Committee decided: that planning application P/23/1293 by Hodge Plant Limited
for the 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 be granted
subject to the conditions specified in the Executive
Director’s report. 
[Reference:  Minutes of 3 November 2020 (Paragraph 12)]
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7 Application P/23/1289 for Formation of Football Pitch/Sports Facility and
Installation of 6x15 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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/23/1289 by Blantyre Soccer Academy for the formation
of football pitch/sports facility and installation of 6x15 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. 
There followed a discussion during which an officer responded to members’ questions on
aspects of the report. 
The Committee decided: that planning application P/23/1289 by Blantyre Soccer
Academy for the formation of football pitch/sports facility
and installation of 6x15 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 be granted subject
to the conditions specified in the Executive Director’s
report. 
Councillor Clark joined the meeting during consideration of the above item of business 
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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/24/0243 by Pure Gym Limited for the change of use of
retail premises (Class 1A) to gymnasium (Class 11) at Unit 3, Braidfute Retail Park, Old Market
Road, Lanark. 
There followed a discussion during which an officer responded to a member’s question on an
aspect of the report. 
The Committee decided: that planning application P/24/0243 by Pure Gym Limited
for the change of use of retail premises (Class 1A) to
gymnasium (Class 11) at Unit 3, Braidfute Retail Park, Old
Market Road, Lanark be granted subject to the conditions
specified in the Executive Director’s report. 
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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/24/0278 by Murray Burgers 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.
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The Committee decided: that planning application P/24/0278 by Murray Burgers 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 be granted subject to
the conditions specified in the Executive Director’s report. 
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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/24/0297 by M Porcelli for a 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 planning consent P/22/0345 at Orchard Farm,
Waygateshaw Road, Carluke. 
The Committee decided: that planning application P/24/0297 by M Porcelli for a
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 planning consent
P/22/0345 at Orchard Farm, Waygateshaw Road, Carluke
be granted subject to the conditions specified in the
Executive Director’s report. 
[Reference:  Minutes of 5 September 2023 (Paragraph 5)] 
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 
A report dated 17 June 2024 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/24/0329 by Lablik Homes for the demolition of existing
building and erection of 4 terraced houses with associated parking and landscaping at 26
Church Street, Larkhall. 
There followed a discussion during which an officer responded to a member’s question on an
aspect of the report. 
The Committee decided: that planning application P/24/0329 by Lablik Homes for
the demolition of existing building and erection of 4
terraced houses with associated parking and landscaping
at 26 Church Street, Larkhall be granted subject to the
conditions specified in the Executive Director’s report. 
12 Urgent Business 
There were no items of urgent business. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)   
Subject:  Review of the Planning Section of the Scheme of
Delegation Relating to Planning Applications 
1.  Purpose of Report
1.1.  The purpose of the report is to:-
[purpose]
 request endorsement of the updates to the Scheme of Delegation in relation to
the decision-making process for planning applications
 advise that this matter will, as required by the relevant legislation, be subject to
a report to Council and, thereafter, will require to be ratified by Scottish
Ministers
[1purpose]
2.  Recommendation(s)
2.1.  The Committee is asked to approve the following recommendation(s):-
[recs]
(1) that the proposed changes to the Planning section of the Council’s Scheme of
Delegation in relation to planning applications, as set out in Appendices 1 to 3
of the report, be endorsed for consideration by full Council; and
(2) that it be noted that any changes to the Scheme of Delegation approved by
full Council will require to be notified to Scottish Ministers for adoption. 
3.  Background
3.1.  Section 43A of The Town and Country Planning (Scotland) Act 1997 requires every 
Planning Authority to prepare and keep under review a scheme of delegation to
ensure the efficient processing of planning applications. 
3.2. Regulation 6 of The Town and Country Planning (Schemes of Delegation and Local
Review Procedure) (Scotland) Regulations 2013 states that the Planning Authority
must prepare a scheme of delegation at intervals of no greater than every five years. 
3.3.  A review of the Council’s existing Scheme of Delegation has highlighted the need for
a refreshment of the narrative and descriptions of development to address legislative
changes that have been introduced by The Planning (Scotland) Act 2019 and to
reflect current working arrangements. 
3.4.  Planning Authorities use powers of delegation so that certain decisions can be taken
by officials instead of being considered by elected members of the authority at
committee.  Delegation to officials is an important means of adding efficiency to
administrative processes and supports the planning system in promoting economic
activity.  
3
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4.  Updates and Changes to Planning Related Delegated Powers
4.1.  A summary of the revised text is set out in Appendix 1, with Appendix 2 showing the
marked up changes within the relevant section of the Scheme of Delegation.
Appendix 3 is a clean copy version incorporating the proposed updated changes to
the Scheme of Delegation.  Regulation 3(1) requires the scheme to describe the
classes of development to which the scheme will apply and to explain with respect to
every class which applications may be determined by an appointed officer.  
4.2.  This review generally seeks changes to categorise applications in terms of the
hierarchy of development defined in The Town and Country Planning (Hierarchy of
Developments) (Scotland) Regulations 2009.  It therefore consolidates application
types and scales to simplify the content based on regulations in line with the above
legislation.  
4.3.  In relation to planning decisions and processes, the scheme’s main role is to set out
the classes of local developments which, rather than having to be determined by
elected members, would be suitable for delegation to an appointed officer. 
4.4.   For the avoidance of doubt, it is stressed that all Major and National developments
will continue to be determined by Planning Committee as will any application that is
subject to an Objection from a Statutory Consultee (e.g. Community Councils, SEPA
etc). 
4.5.  The Planning Service is undertaking a separate review of a “Decision-making Guide”
which will sit alongside the Scheme of Delegation and will be subject to a report to
and approval by the Planning Committee.  This guide will set out in detail processes
relating to committee and delegated procedures.  It will provide context to matters
such as and inter alia; what constitutes a “valid representation”, pre-determination
hearings and appeal processes. 
4.6. A further update is introduced at part (b) where the threshold for the number of
objections would be raised from more than 5 to ’10 or more’. This has been
considered following a review of other authorities (as shown in the comparison table
contained in Appendix 5) as well as taking into consideration the nature of South
Lanarkshire Council with regard to the urban settlement sizes and rural expanse. 
4.7.  In this case, the increase to 10 is not considered to adversely affect the
representation process for members of the public but would allow for a more efficient
process to determine local planning applications. 
4.8. Part (a) has been updated to cover the Chief Executive, a member of Corporate
Management Team, a member of staff within the Planning and Regulatory Service or
Elected Member (or close relative) and replaces a ‘note’ contained in the previous
scheme. 
4.9.  Parts (d) and (e) give discretion to the Chief Planning Officer (i.e. Head of Planning
and Regulatory Services) where considered significant in his / her opinion. Part (f) is
at the request of a Member to ensure this remains. Parts (c), (g) – (i) are legislative
requirements. 
4.10.  Other statutory functions and duties not previously included have been introduced,
and sections updated to reflect current legislation and regulations. Out of date or
irrelevant content has been removed where necessary following considerable
review.  
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4.11.  The impacts of such updates are not considered to have implications on resources.
The main aim is to support the improvement and performance of the Planning
functions in determining applications and fulfilling statutory functions. 
4.12.  If the above proposals are accepted, the Terms of Reference of the Council,
Community and Enterprise Resources Committee, the Area Committees and
Planning Committee would require to be amended accordingly – as shown in
Appendix 4. 
5.  Procedure for Preparation and Adoption of Scheme of Delegation
5.1.  As per legislative requirements, once endorsed, the Planning section of the Scheme
of Delegation will be presented to full Council for approval. 
5.2.  Where a Planning Authority propose to adopt a scheme of delegation, the authority
must send a copy of the scheme to the Scottish Ministers and the Planning Authority
must not adopt the scheme until the scheme has been approved by the Scottish
Ministers. Once adopted, this will be publicised, and the Planning Authority must
prepare a scheme of delegation at intervals of no greater than every five years, or
whenever required by Scottish Ministers. 
6.  Employee Implications
6.1.  There are no employee implications in terms of the content of this report. 
7.  Financial Implications
7.1.  At this stage, there are no financial implications in terms of the content of this report. 
8.  Climate Change, Sustainability and Environmental Implications
8.1.  There are no climate change, sustainability, or environmental implications in terms of
the content of this report. 
9.  Other Implications
9.1.  To ensure that there is no risk of being in breach of legislative requirements and to
ensure compliance with good governance principles, the political management
arrangements supporting documentation require to be kept under review. 
10.  Equality Impact Assessment and Consultation Arrangements
10.1.  This report does not introduce a new policy, function, or strategy, or recommend a
change, therefore, no impact assessment is required. 
David Booth
Executive Director (Community and Enterprise Resources) 
19 August 2024 
Link(s) to Council Values/Priorities/Outcomes
 Accountable, effective, fair, efficient, and transparent
 Fair, open and sustainable 
Previous References
 South Lanarkshire Council of 27 March 2024  
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List of Background Papers
 Appendix 1 – Summary Table of Changes
 Appendix 2 – Tracked Changes to Relevant part of Scheme of Delegation
 Appendix 3 – Proposed Updated Extract of Scheme of Delegation
 Appendix 4 – Associated marked changes to the Terms of Reference
 Appendix 5 – Comparative table of representations threshold by other authorities 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:- 
Fraser Carlin, Chief Planning Officer
E-mail: fraser.carlin@southlanarkshire.gov.uk 
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Appendix 1  
Summary of Proposed Change
Community and
Enterprise Resources: 
Planning and
Regulatory Services
Summary: Section 43A of The Town and Country Planning (Scotland) Act 1997 requires the Planning
Authority to prepare and keep under review a scheme of delegation.  Regulation 6 of The Town and
Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
states that the Planning Authority must prepare a scheme of delegation at intervals of no greater than
every five years. Therefore, an updated review of planning related delegation is required since this was
last updated. 
Furthermore, the legislation has been amended by The Planning (Scotland) Act 2019, owing to a review
of the Scheme of Delegation in relation to planning decision making and functions in respect of current
legislation.   
Other legislative updates relating to permitted development and procedures (among other things) place
an onus on Planning Authorities to review the decision-making process also. 
Finally, following the implementation of section 50 of the Planning (Scotland) Act 2019, which requires
every Local Planning Authority to have a Chief Planning Officer, the scheme is required to be reviewed
to make reference to this role. 
This review generally seeks changes to categorise applications in terms of hierarchy of development as
defined in The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009.  It
therefore consolidates application types and scales to simplify the content based on regulations in line
with the above legislation.   
In relation to planning decisions and processes, the scheme’s main role is to set out the classes of local
developments which, rather than having to be determined by elected members, would be suitable for
delegation to an appointed officer.  For the avoidance of doubt, Major and National developments will be
determined by Planning Committee. 
3
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The following sections outline the proposed changes to the scheme to consolidate planning functions in
respect of legislative updates: 
Planning and Building Standards 
• Paragraph 16- to update this to reference relevant legislation and introduce a separate paragraph
17 to define Local Developments in terms of the Town and Country Planning (Hierarchy of
Development) (Scotland) Regulations 2009. This also defines the Chief Planning Officer and
Appointed Officer for the purposes of the scheme’s criteria set out in further paragraphs.
• New Paragraph 17 (a)-(j)- to consolidate criteria which is covered by delegated powers.  This
removes paragraph 16 (a)-(v) and groups types of applications as per the Local Development
category, rather than individual scales/types as this cannot otherwise cover every scenario. 
Paragraph 17 also lists the legislation which covers other Local Developments combining what
was previously covered in paragraphs 17 and 18. 
• New Paragraph 18- this covers delegated powers relating to Section 75 Legal Agreements and
replaces paragraph 20 as it specifies the relevant legislation.
• New Paragraph 19- this covers delegated powers relating to Prior Notification and Prior Approval
applications, and replaces a bullet point in paragraph 18 as it specifies updated legislation.
• New Paragraph 20- this replaces a bullet point in paragraph 16 and separates it out from other
applications categorised as local development. 
• New Paragraph 21- this replaces paragraph 29 and summarises the relevant legislation. 
• New Paragraph 22- this replaces a bullet point in paragraph 16 and separates it out from other
applications categorised as local development. 
• New Paragraph 23- this outlines the general duties appointed officers have delegated authority to
carry out.  It introduces duties previously omitted and concisely combines and consolidates
paragraphs:
- 19 replaced by part (o) 
- 21 replaced by part (h) 
- 24 replaced by part (m)
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- 25 replaced by part (u)
- 26 replaced by part (r)
• New Paragraph 24- this replaces paragraph 23 and updates titles, and makes reference to the
Council’s Enforcement Charter.
• New Paragraph 25- this replaces paragraph 28
• Original Paragraphs 22, 27 are removed 
New delegated powers are introduced at paragraph 17 including the thresholds for requiring referral to
Planning Committee.  The main change is introduced at part (b) where the threshold for the number of
objections is to be raised from more than 5 to ’10 or more’. This has been considered following review of
other authorities as well as taking into consideration the nature of South Lanarkshire Council with regard
to the urban settlement sizes and rural expanse.  In this case, the increase to 10 is not considered to
adversely affect the representation process for members of the public, and would allow for quicker
determination of applications. Part (a) has been updated to cover the Chief Executive, a member of
Corporate Management Team, a member of staff within the Planning and Regulatory Service or Elected
Member (or close relative) and replaces a ‘note’ contained in the previous scheme. Parts (d) and (e) give
discretion to the Chief Planning Officer (ie Head of Planning and Regulatory Services) where considered
significant in his/her opinion. Part (f) is at the request of a Member to ensure this remains.  Parts (c), (g)
– (i) are legislative requirements.   
New delegated duties are introduced where necessary at paragraph 23 to cover other statutory
functions not associated with a planning application as set out in legislation.   
The updated Planning section is included in sections 16-25. 
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18

Page 19

Scheme of Delegation
Approved at the First Statutory meeting of South Lanarkshire Council on 18 May 2022 and
revised according to Schedule of Revisions
Note: If you need this information in another language or format, please contact us to
discuss how we can best meet your needs.
Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk
Appendix 2
3
19

Page 20

CONTENTS 
Page 
Section 1
Scheme of Delegation to Committees - General Provisions ............................................. 1
Section 2
Scheme of Delegation to Committees - Specific Provisions ............................................. 2
Section 3
A Scheme of Delegation to Officers - General Provisions .............................................. 3
B Statutory Officers ....................................................................................................... 4
Section 4
Scheme of Delegation to Officers - Specific Provisions
A Chief Executive .......................................................................................................... 6
B Executive Director (Community and Enterprise Resources) ....................................... 8
C Executive Director (Education Resources) ................................................................ 22
D Executive Director (Finance and Corporate Resources) ............................................ 25
D1 Head of Administration and Legal Services ...................................................... 32
D2 Head of Finance (Transactions) ....................................................................... 33
E Executive Director (Housing and Technical Resources) ............................................ 34
F Director of Health and Social Care ............................................................................ 37
F1 Head of Children and Justice Services (Social Work Resources) ..................... 39
20

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9 
 Commission Directive 1999/21/EC – Dietary foods for special medical purposes 
8 to carry out the functions of the Council including providing a cleaning service and
removal of waste in terms of:- 
 The Health and Safety at Work Act 1974
 Factories, Offices and Shops Act 1970 
9 to carry out the functions of the Council in relation to Countryside Rangers in terms
of:- 
 The Nature Conservation (Scotland) Act
 Land Reform (Scotland) Act 
10 to carry out the functions of the Council in relation to the provision of cemeteries and
crematorium services in terms of:- 
 The Pollution Prevention and Control (Scotland) Act 2012
 Burial Grounds (Scotland) Act 1855 
11 to carry out the functions of the Council including providing a janitorial service in
terms of The Education (Scotland) Act 1980 
12 to ensure adequate provision in relation to Cultural Services in terms of the Local
Government (Scotland) Act 1982 and any new and/or subsequent or amending
legislation. 
Planning and Economic Development
Planning and Building Standards
13 to discharge the Council’s Building Standards function in terms of the Building
(Scotland) Act 2003, the Building Fees Regulations 2004, Building (Procedures)
(Scotland) Regulations 2004 and the Building (Scotland) Regulations 2004, other
than the following:- 
 to refuse Building Warrant Applications where representations have been made
against the refusal. 
The discharge of duties include:- 
The issue of Statutory Notices including:- 
 Section 25 Notice – Building Regulations Compliance
 Section 26 Notice – Continuing Requirement Enforcement Notice
 Section 27 Notice – Building Warrant Enforcement Notice
 Section 28 Notice – Defective Building Notice
 Section 29 Notice – Dangerous Buildings Notice
 Section 42 Notice – Require the removal of occupiers of a defective or dangerous
building 
other duties are:- 
 to issue Building Warrants
 to extend the period of life of a Building Warrant
 to accept or reject a Certificate of Completion
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10 
 to carry out Building Standards Assessments
 to impose continuing requirements on the building owners
 to maintain a publicly accessible Building Standards Register 
14 to reply on behalf of the Council to relevant consultations from other Authorities and
from the Scottish Government on building standards matters which do not have
major policy issues. 
15 to issue permissions and licences for the erection of raised platforms for seating or
standing accommodation and for charging fees in respect of expenses incurred, in
terms of Section 89 of the Civic Government (Scotland) Act 1982. 
16 to discharge the Council’s Planning function in terms of the Town and Country
Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006,
and the Planning (Scotland) Act 2019, the discharge of duties include the grant of
planning applications in the classes listed below (with ‘Local Development’ category
highlighted) subject to first notifying all members of the Council of receipt of the
application through the issue of a Weekly List and allowing a period of at least 10
working days to elapse within which any Member may ask the Planning Team, Area
Manager Planning and Building Standards Services or HQ Manager Planning and
Building Standards Services to consider referring the application to Committee:- 
(a) Householder applications not attracting more than 5 objections including house
extensions and alterations, dormer windows, garages, accesses, walls, fences
and other means of enclosure or where permitted development has been
removed by planning condition; (Local Development); 
(b) Small scale residential applications involving up to 10 units not attracting more
than 5 objections and entirely consistent with Local Development Plan policy; (or
up to 1 hectare if in principle); (Local Development); 
(c) Small scale agricultural, industrial, business and general industry, storage
and distribution and commercial applications subject to a maximum of up to
2,000 square metres or up to 5,000 square metres in designated industrial
estates or business parks or farmland; or up to 1 hectare where the application is
in principle; not attracting more than 5 objections and not involving more than a
50% increase in floorspace of existing buildings; (Local Development); 
(d) Small scale applications relating to institutional uses, such as hospitals,
health centres, nursing homes involving up to a 50% increase in floorspace
(including extensions and/or new build), entirely consistent with policy and not
attracting more than 5 objections; (Local Development provided floorspace does
not exceed 5,000 square metres or site area exceeds 2 hectares); 
(e) All amended applications for development in categories ® and (d) not attracting
more than 5 objections and involving changes to previously approved plans
relating to changes to layouts, building details, house types, materials, accesses
and boundary treatments; (Local Development provided site area does not
exceed 2 hectares, housing development does not exceed 49 units and
institutional and commercial developments floorspace does not exceed 5,000
square metres); 
(f) Applications following the approval of a planning application in principle or
detailed planning applications not attracting more than 5 objections, provided
the proposal is mainly consistent with the terms and conditions of any previous
consent; (Local Development provided site area does not exceed 2 hectares,
housing development does not exceed 49 units and institutional and commercial
developments floorspace does not exceed 5,000 square metres);
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11 
(g) Alterations to shop fronts not attracting more than 5 objections; (Local
Development); 
(h) Sub-division of an existing house or conversion of existing buildings to form
dwellings in existing residential areas and not attracting more than 5 objections;
(Local Development); 
(i) Listed Building applications and applications for conservation area consent not
attracting more than 5 objections and where there are no Local Development
Plan policy implications; (see Note 1 below)
Note 1: As the appeal process differs for listed building applications and
conservation area consent applications, all refusals of listed building applications
and conservation area consent applications and associated planning applications
will be considered by the Planning/Area Committee to ensure that any
appeal/review against the decisions is considered by the same body for both
applications. 
(j) Advertisement applications not attracting more than 5 objections; 
(k) All renewals of planning permission (Local Development provided site area does
not exceed 2 hectares, housing development does not exceed 49 units and
institutional and commercial developments floorspace does not exceed 5,000
square metres) for conservation area consent or listed building consent not
attracting more than 5 objections; 
(l) Small scale changes of use not attracting more than 5 objections and entirely
consistent with Local Development Plan policy; (Local Development); 
(m) Sub-division of industrial, business, commercial or other non-residential
properties not attracting more than 5 objections and entirely consistent with Local
Development Plan policy; (Local Development); 
(n) Telecommunications applications not attracting more than 5 objections and
entirely consistent with Local Development Plan policy; (Local Development); 
(o) Small scale housing proposals (of up to 10 units) householder
developments and change of use proposals which are not significantly
contrary to Development Plan policy where there are no objections; (Local
Development); 
(p) Alterations or deletion of conditions i.e. section 42 Applications to develop
land without compliance with conditions previously attached (including existing
mineral consents and the review of old mineral permissions) not attracting more
than 5 objections; (Local Development); 
(q) Extraction of minerals where the site area is less than 2 hectares not attracting
more than 5 objections and entirely consistent with Local Development Plan
policy; (Local Development); 
(r) Waste transfer stations/recycling operations with a capacity of less than
25,000 tonnes per annum or sludge treatment of less than 50 tonnes (net weight)
per day of residual sludge not attracting more than 5 objections and entirely
consistent with Local Development Plan policy; (Local Development); 
(s) Minor engineering operations which are entirely consistent with Local
Development Plan policy not attracting more than 5 objections; (Local
Development);
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12 
(t) Transport and infrastructure projects where the length of the road, railway,
tramway, waterway, aqueduct or pipeline does not exceed 8 kilometres not
attracting more than 5 objections and entirely consistent with Local Development
Plan policy; (Local Development); 
(u) Other development (including mixed use projects) not covered by any of the
above uses where the gross floor space of any building, structure or erection
constructed is under 2,000 square metres or under 1 hectare where the
proposals are in principle and which are entirely consistent with Local
Development Plan policy and not attracting more than 5 objections; (Local
Development); 
(v) Wind Turbines (up to and including 3) which are entirely consistent with
Development Plan policy not attracting more than 5 objections. Local
Development provided the capacity of the generating station is less than 20
megawatts). 
16. to discharge the Council’s Planning function as Planning Authority in terms of section 43A of the
Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006,
and the Planning (Scotland) Act 2019. For the purposes of the following sections, the Chief Planning
Officer is as defined in The Town and Country Planning (Scotland) Act 1997 (as amended), and the
Appointed Officer is as appointed by the Chief Planning Officer. 
17. The following discharge of duties is in respect of all applications for planning permission (including
planning permission in principle) for development falling in the category of Local Development in terms
of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 and all
applications for consent, agreement or approval required by a condition imposed on a grant of planning
permission for a development within the category of Local Development (subject to first notifying all
members of the Council of receipt of the application through the issue of a Weekly List). Authority to
determine all Local Development applications is delegated to the ‘appointed officer’ unless the
application: 
a) is submitted by, or on behalf of by an agent, of one of the following: 
(i) the Chief Executive or any other member of the Corporate Management Team of
the local authority  (or a close relative) or a member of staff within the Planning and
Regulatory Service (or a close relative) where there are valid objections and the
application is recommended for approval. 
(ii) an Elected Member of the Authority (or a close relative); 
- in such cases the application will be dealt with by the Planning Committee. 
b) is being recommended for approval and is the subject of 10 or more valid letters of
representation (following advertisement and/or notification) that express objection
about the proposal- in such cases the application will be dealt with by the Planning
Committee. 
c) is being recommended for approval and has been the subject of formal objection by a
statutory consultee as listed in Schedule 5 of The Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013, - in such cases
the application will be dealt with by the Planning Committee. 
d) is, in the opinion of the Chief Planning Officer, a significant departure from the
Development Plan - in such cases the application shall be determined by the
Planning Committee. 
e) is agreed to be presented to the Planning Committee by the Chief Planning Officer in
consultation with the Committee Chair as it raises significant levels of concern or
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13 
policy issues- in such cases the application will be dealt with by the Planning
Committee. 
f) has been requested to be presented at Planning Committee by a Member of the
Planning Committee or Local Ward Member and this is agreed by the Chief Planning
Officer and Committee Chair- in such cases the application will be dealt with by the
Planning Committee. 
g) requires to be the subject of formal notification to the Scottish Ministers as defined in
the Schedule to the Town and Country Planning (Notification of Applications)
(Scotland) Direction 2009 (or any other Scottish Government Direction)- in such
cases the application will be dealt with by the Planning Committee. 
i) has been subject to a pre-determination hearing under Section 38A(4) of the Town
and Country Planning (Scotland) Act 1997- in such cases the application will be dealt
with by the Planning Committee. 
j) is an Environmental Impact Assessment (EIA) application for which a validated EIA
Report has been submitted- in such cases the application will be dealt with by the
Planning Committee. 
For the avoidance of doubt, all applications for Matters Specified in Conditions,
applications under Section 42, and Section 75A of the Town and Country Planning
(Scotland) Act 1997 relating to Local Planning Applications are Delegated to
Appointed Officers unless subject to the criteria set out above. It includes
householder applications and all applications under the following legislation: 
▪ The Town and Country Planning (Scotland) Act 1997 (as amended)
▪ The Planning (Scotland) Act 2006 (as amended)
▪ The Planning (Scotland) Act 2019
▪ The Planning (Hazardous Substances) (Scotland) Act 1997 (as amended)
▪ The Planning (Listed Building and Conservation Areas) (Scotland) Act 1997
▪ The Town and Country Planning (Control of Advertisement) (Scotland)
Regulations 1984 (as amended)  
National and Major developments as defined by Regulations made under the Town
and Country Planning (Scotland) Act 1997, including the Town and Country Planning
(Hierarchy of Development) (Scotland) Regulations 2009 and any subsequent or
amending legislation fall outwith the above criteria, and will be determined at
Planning Committee. 
In addition to the above, to handle applications:- authority is delegated: 
18 Under the terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 (as
amended) authority to determine is delegated to the ‘appointed officer’ to: 
a) negotiate and conclude legal agreements related to planning and other applications for
all applications under the Town and Country Planning (Hierarchy of Development) (Scotland)
Regulations 2009, in consultation with the Head of administration and Legal Services; 
b) determine applications for Modifications or Discharge of Planning Obligations under
section 75A in relation to planning applications; 
19 Authority to determine applications related to Prior Notification or Prior Approval made under the
Town and Country Planning (General Permitted Development) (Scotland) Order 1992 Schedule 1
is delegated to the ‘appointed officer’ for the following: 
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14 
a) Part 1A - Class 6G: Free standing wind turbine within the residential curtilage; 
b) Part 1B - Class 6K and 6L: Microgeneration Biomass facilities on agricultural or
forestry land; 
c) Part 6 - Class 18, 18B, 18C: Agricultural buildings; Agricultural private ways;
Conversion of existing agricultural buildings to  residential or commercial use. 
d) Part 6 – Class 20A: Peatland restoration 
e) Part 7 - Class 22, 22A, 22B: Forestry buildings and operations; Forestry private
ways; Conversion of existing forestry buildings to  residential or commercial use. 
f) Part 13 - Class 39 and 40: Public gas transporters and electricity undertakings; 
g) Part 20 - Class 67: Development by electronic communications code operators; 
h) Part 23 - Class 70: Demolition of buildings; 
i) Part 24 - Class 71: Toll road facilities; 
j) Any other types of prior notification or prior approval that might come forward in
future amendments to the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992 Schedule 1. 
 made by the Council or which relate to land where the Council has ownership or a
financial interest, in accordance with the terms of the Town and Country Planning
(Schemes of Delegation and Local Review Procedure) (Scotland) Regulations which came
into effect on 30 June 2013;
 for overhead electricity lines and electricity sub-stations and gas governor stations;
 for fulfilments of conditions attached to planning permissions;
 for cutting down, topping, lopping or destruction of trees covered by a confirmed Tree
Preservation Order or within a Conservation Area. 
17 to refuse all applications where the refusal is consistent with Development Plan policy
except the following application types:- 
 National and major developments as defined by the Town and Country Planning
(Scotland) Act 1997 and any subsequent or amending legislation;
 educational and institutional developments, other than extensions to existing
facilities;
 housing proposals of between 11 to 50 units if in detail and sites of between one
and 2 hectares in size if in principle;
 industrial, commercial, business and general industry, storage and distribution
involving increases in floor space between 2,000 square metres and 10,000
square metres or 5,000 to 10,000 square metres in designated industrial estates
or business parks or where the site is between one and 2 hectares in size if in
principle;
 other development (including mixed uses) where the gross floor area of any
building, structure or erection is between 2,000 to 5,000 square metres or the
site area is between one and 2 hectares;
 listed building/conservation area consent and associated planning applications;
 any application generating significant levels of concern, or policy issues, where
the Head of Planning and Economic Development Services in consultation with
the Chair of the Planning Committee so determines. 
18 to issue minor approvals/refusals and statutory notices including:-
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15 
 Certificates of Lawful Use or Development
 Applications for minor variations of planning consents
 Prior Notifications for agricultural and forestry developments
 Discontinuance Notices
 Prior Notifications for demolition
 Prior Notifications for gas and electricity works
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16 
 Prior Notifications for freestanding domestic wind turbines
 Prior Notifications for domestic air source heat pumps
 Prior Notifications for digital communications
 Prior notifications for peatland restoration
 Prior notifications for conversion of existing agricultural/forestry buildings to residential or
commercial use 
19 to reply on behalf of the Council to planning consultations from adjacent authorities and the
Scottish Government on matters which do not have significant policy implications. 
20 to conclude Section 75 planning obligations and other minor legal agreements in relation to
delegated planning applications (including determining applications for discharge or variation of
Section 75 planning agreements/obligations or other minor legal agreements). 
21 to determine the need for screening and requirements for scoping for an Environmental Impact
Assessment and Strategic Environmental Assessment. 
22 to determine the requirements for a Retail Assessment and matters to be contained in any
scoping report. 
23 to discharge the Council’s planning enforcement function, including the service of any notices, for
example enforcement, stop, amenity notices and other notices and also the authority to decline to
take enforcement action where appropriate. 
24 to deal with written submissions, hearings and public inquiries in connection with:- 
 appeals to the Scottish Ministers against refusal of consent
 deemed refusal appeals (pending consideration by relevant Committee if appropriate)
 applications subject to a ‘call-in’ by the Scottish Ministers
 reviews to the Local Review Body 
25 to add rights of way to the Register for South Lanarkshire Council and, in that connection, to
apply, in consultation with the Head of Administration and Legal Services, for a Declarator in the
appropriate Sheriff Court where any person with an interest in the land objected. 
26 in cases of immediate threat, to promote Tree Preservation Orders following consultations with
the Chair and/or Depute Chair of the Planning Committee and the Local Members. 
27 to respond to:- 
 Pre-application screening proposals
 Proposal of application notices
 Negotiating processing agreements 
28 to determine, in consultation with the Chair or Depute Chair of the Planning Local Review Body,
whether applications for review in terms of Section 43B of the Town and Country Planning
(Scotland) Act 1997 and any subsequent or amending legislation and or regulation are competent
and relevant and, if necessary and appropriate, to make further enquiry of the applicant and,
thereafter, to make further determination on competence and relevance. 
29 to discharge the Council’s Planning function in terms of the High Hedges (Scotland) Act 2013
including:-
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17 
Note:
(1) Planning applications from officers of the Planning Service or a close family
relative require to be referred to the appropriate Committee for determination
where objections are received. 
(2)(1) Planning applications from a Member of the Planning Authority or a close
relative will also require to be considered by the appropriate Committee.
 determining applications requesting that a High Hedge Notice be served, provided that
the applications had not attracted more than 5 objections
 issuing High Hedges Notices where appropriate
 ensuring compliance with High Hedge Notices, including, if deemed necessary, carrying
out any works required and recovering any expenses reasonably incurred in cases where
the owner or occupier of the land failed to comply with the notice
 declining to intervene where considered appropriate
 dealing with appeals made to the Scottish Ministers 
Note: In exercising the delegated functions detailed in paragraphs 21 to 28 the following procedures will
apply:- 
 a report on the applications to be circulated to all members for their consideration;
 members requiring an application to be determined by the Committee are entitled within 7 days of
the dispatch of the report to ask for the applications to be referred to the next meeting of the Committee
for consideration;
 all applications to which there are no objections will be processed accordingly at the end of the 7
day period. 
20 Authority to determine overhead electricity lines and electricity sub-stations and gas governor
stations and associated apparatus applications as amended by legislation delegated to the
‘appointed officer’. 
21 Authority to determine all applications for High Hedges Consent under the High Hedges
(Scotland) Act 2013 is delegated to the ‘appointed officer’. This includes issuing High Hedge
Notices and ensuring compliance with High Hedge Notices, including, if deemed necessary,
carrying out any works required and recovering any expenses reasonably incurred in cases where
the owner or occupier of the land failed to comply with the notice. 
22 Authority to determine all tree works applications shall be delegated to the ‘appointed officer’. 
However, the making of provisional, confirmation of and removal of Tree Preservation Orders shall
be determined by the Planning Committee.  
23 Further general duties ‘appointed officers’ have delegated authority to: 
a) Refuse applications that are contrary to the Local Development Plan whether or not
objections or letters of support have been received except for National and Major
developments as defined by Regulations made under the Town and Country
Planning (Scotland) Act 1997 and any subsequent or amending legislation.
b) Refuse applications which are insufficient in information following a request in
writing within the specified timescale within the request (regardless of whether
representations have been made) 
c) To determine requests for non-material variations of planning applications in terms
of section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).
d) To determine Hazardous Substance Consent applications under the Planning
(Hazardous Substances) (Scotland) Act 1997 and the Town and Country Planning
(Hazardous Substances) (Scotland) Regulations 2015.
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18
e) To determine Certificates of Lawfulness under the Town and Country Planning
(Scotland) Act 1997 (as amended) where, in the opinion of the Appointed Officer,
there is no reasonable doubt that the use or development is or would be –
(i) lawful without further planning approval; or
(ii) unlawful.
f) To deal with Proposal of Application Notices in terms of section 35B of the Town
and Country Planning (Scotland) Act 1997 (as amended) and Pre-Application
Screening Notices in terms of section 35A(3) of that Act
g) To determine applications for advertisement consent under the Town and Country
Planning (Control of Advertisements) (Scotland) Regulations 1984
h) To determine, in accordance with the applicable Environmental Impact Assessment
Regulations, whether a particular planning application requires to be supported by
an Environmental Statement (Screening Opinion) and to determine the scope of
any such Statement (Scoping Opinion) and whether the information submitted with
any EIA Report is sufficient to reach a reasoned conclusion on the significant
effects of the development on the environment or whether supplementary
information is required and the scope of any such information, all in accordance
with the Town and Country Planning (Environmental Impact Assessment)
(Scotland) Regulations 2017 (as amended).
i) To determine all applications for Certificates of Appropriate Alternative
Development under section 25 of the Land Compensation (Scotland) Act 1963.
j) To decline to determine an application under section 39 of the Town and Country
Planning (Scotland) Act 1997 (as amended).
k) To discharge conditions applied on all applications, even where consented by a
Committee or Appeal Body, subject to restrictions on matters specified in conditions
applications
l) To enter processing agreements with applicants where appropriate
m) To deal with written submissions, hearings and public inquiries in connection with:
 appeals to the Scottish Ministers 
 deemed refusal appeals (pending consideration by relevant Committee
if  appropriate)
 applications subject to a ‘call-in’ by the Scottish Ministers
 reviews to the Local Review Body
n) To reply on behalf of the Council to the Scottish Government on consultations
relating to changes to policy and legislation (and other) as required and where
appropriate in consultation with the Chief Planning Officer and the Planning
Committee Chair
o) Consultations with the neighbouring Planning Authorities regarding planning
applications and to reply on behalf of the Council to planning consultations from
adjacent authorities and the Scottish Government on matters which do not have
significant policy implications.
p) To respond to call-ins on behalf of the Council
q) To determine, in consultation with the Chair and Depute Chair of the Planning
Committee and the Head of Administration & Legal Services, the procedural rules to
be followed by the Planning Committee where it is holding a pre-determination
hearing in terms of the Town and Country Planning (Scotland) Act 1997 
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19
r) Determining unopposed Revocations of planning permission
s) in cases of immediate threat, to promote emergency Tree Preservation Orders
following consultations with the Chair and/or Depute Chair of the Planning
Committee and the Local Members.
t) To approve emergency works to listed buildings under Planning (Listed Buildings
and Conservation Areas) (Scotland) Act 1997
u) Initiate and confirm road stopping up procedures where a planning consent is in
place under Sections 207 or 208 of the Town and Country Planning (Scotland) Act
1997.  For the avoidance of doubt, where a stopping up order is required as a result
of a planning decision, this shall be dealt with at Planning Committee. 
v) to add rights of way to the Register for South Lanarkshire Council and, in that
connection, to apply, in consultation with the Head of Administration and Legal
Services, for a Declarator in the appropriate Sheriff Court where any person with
an interest in the land objected.
w) All other decisions on planning applications which the Planning Authority is required
to make in terms of the Town and Country Planning (Scotland) Act 1997 (as
amended), the Planning etc (Scotland) Act 2006, and the Planning (Scotland) Act
2019.
24 Authority is delegated to the ‘appointed officer’ as outlined in the current Planning
Enforcement Charter in consultation with the Chief Planning Officer to discharge the
Council’s planning enforcement function, also including the authority to decline to take
enforcement action (where appropriate),  and to give, serve, issue and sign
Enforcement related notices, under the Town and Country Planning (Scotland) Act
1997 (as amended). 
25 to determine, in consultation with the Chair or Vice Chair of the Planning Local Review Body,
whether applications for review in terms of Section 43B of the Town and Country Planning (Scotland)
Act 1997 and any subsequent or amending legislation and or regulation are competent and relevant
and, if necessary and appropriate, to make further enquiry of the applicant and, thereafter, to make
further determination on competence and relevance. 
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20 32

Page 33

Scheme of Delegation
Approved at the First Statutory meeting of South Lanarkshire Council on 18 May 2022 and
revised according to Schedule of Revisions
Note: If you need this information in another language or format, please contact us to
discuss how we can best meet your needs.
Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk
Appendix 3
3
33

Page 34

CONTENTS
Page
Section 1
Scheme of Delegation to Committees - General Provisions ............................................. 1
Section 2
Scheme of Delegation to Committees - Specific Provisions ............................................. 2
Section 3
A Scheme of Delegation to Officers - General Provisions .............................................. 3
B Statutory Officers ....................................................................................................... 4
Section 4
Scheme of Delegation to Officers - Specific Provisions
A Chief Executive .......................................................................................................... 6
B Executive Director (Community and Enterprise Resources) ....................................... 8
C Executive Director (Education Resources) ................................................................ 22
D Executive Director (Finance and Corporate Resources) ............................................ 25
D1 Head of Administration and Legal Services ...................................................... 32
D2 Head of Finance (Transactions) ....................................................................... 33
E Executive Director (Housing and Technical Resources) ............................................ 34
F Director of Health and Social Care ............................................................................ 37
F1 Head of Children and Justice Services (Social Work Resources) ..................... 39
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9
 Commission Directive 1999/21/EC – Dietary foods for special medical purposes
8 to carry out the functions of the Council including providing a cleaning service and
removal of waste in terms of:-
 The Health and Safety at Work Act 1974
 Factories, Offices and Shops Act 1970
9 to carry out the functions of the Council in relation to Countryside Rangers in terms of:-
 The Nature Conservation (Scotland) Act
 Land Reform (Scotland) Act
10 to carry out the functions of the Council in relation to the provision of cemeteries and
crematorium services in terms of:-
 The Pollution Prevention and Control (Scotland) Act 2012
 Burial Grounds (Scotland) Act 1855
11 to carry out the functions of the Council including providing a janitorial service in terms
of The Education (Scotland) Act 1980
12 to ensure adequate provision in relation to Cultural Services in terms of the Local
Government (Scotland) Act 1982 and any new and/or subsequent or amending
legislation.
Planning and Economic Development
Planning and Building Standards
13 to discharge the Council’s Building Standards function in terms of the Building
(Scotland) Act 2003, the Building Fees Regulations 2004, Building (Procedures)
(Scotland) Regulations 2004 and the Building (Scotland) Regulations 2004, other
than the following:-
 to refuse Building Warrant Applications where representations have been made
against the refusal.
The discharge of duties include:-
The issue of Statutory Notices including:-
 Section 25 Notice – Building Regulations Compliance
 Section 26 Notice – Continuing Requirement Enforcement Notice
 Section 27 Notice – Building Warrant Enforcement Notice
 Section 28 Notice – Defective Building Notice
 Section 29 Notice – Dangerous Buildings Notice
 Section 42 Notice – Require the removal of occupiers of a defective or dangerous
building
other duties are:-
 to issue Building Warrants
 to extend the period of life of a Building Warrant
 to accept or reject a Certificate of Completion
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 to carry out Building Standards Assessments
 to impose continuing requirements on the building owners
 to maintain a publicly accessible Building Standards Register
14 to reply on behalf of the Council to relevant consultations from other Authorities and
from the Scottish Government on building standards matters which do not have major
policy issues.
15 to issue permissions and licences for the erection of raised platforms for seating or
standing accommodation and for charging fees in respect of expenses incurred, in
terms of Section 89 of the Civic Government (Scotland) Act 1982.
16 to discharge the Council’s Planning function as Planning Authority in terms of section
43A of the Town and Country Planning (Scotland) Act 1997 as amended by the
Planning etc (Scotland) Act 2006, and the Planning (Scotland) Act 2019. For the
purposes of the following sections, the Chief Planning Officer is as defined in section
50 of The Planning (Scotland) Act 2019, and the Appointed Officer is as appointed by
the Chief Planning Officer. 
17 The following discharge of duties is in respect of all applications for planning
permission (including planning permission in principle) for development falling in the
category of Local Development in terms of the Town and Country Planning (Hierarchy
of Development) (Scotland) Regulations 2009 and all applications for consent,
agreement or approval required by a condition imposed on a grant of planning
permission for a development within the category of Local Development (subject to first
notifying all members of the Council of receipt of the application through the issue of a
Weekly List). Authority to determine all Local Development applications is delegated
to the ‘appointed officer’ unless the application:
a) is submitted by, or on behalf of by an agent, of one of the following:
(i) the Chief Executive or any other member of the Corporate Management Team of
the local authority  (or a close relative) or a member of staff within the Planning and
Regulatory Service (or a close relative) where there are valid objections and the
application is recommended for approval.
(ii) an Elected Member of the Authority (or a close relative);
- in such cases the application will be dealt with by the Planning Committee.
b) is being recommended for approval and is the subject of 10 or more valid letters of
representation (following advertisement and/or notification) that express objection
about the proposal- in such cases the application will be dealt with by the Planning
Committee.
c) is being recommended for approval and has been the subject of formal objection by a
statutory consultee as listed in Schedule 5 of The Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013, - in such cases
the application will be dealt with by the Planning Committee.
d) is, in the opinion of the Chief Planning Officer, a significant departure from the
Development Plan - in such cases the application shall be determined by the Planning
Committee.
e) is agreed to be presented to the Planning Committee by the Chief Planning Officer in
consultation with the Committee Chair as it raises significant levels of concern or policy
issues- in such cases the application will be dealt with by the Planning Committee.
f) has been requested to be presented at Planning Committee by a Member of the
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11
Planning Committee or Local Ward Member and this is agreed by the Chief Planning
Officer and Committee Chair- in such cases the application will be dealt with by the
Planning Committee.
g) requires to be the subject of formal notification to the Scottish Ministers as defined in
the Schedule to the Town and Country Planning (Notification of Applications)
(Scotland) Direction 2009 (or any other Scottish Government Direction)- in such cases
the application will be dealt with by the Planning Committee.
h) has been subject to a pre-determination hearing under Section 38A(4) of the Town and
Country Planning (Scotland) Act 1997- in such cases the application will be dealt with
by the Planning Committee.
i) is an Environmental Impact Assessment (EIA) application for which a validated EIA
Report has been submitted- in such cases the application will be dealt with by the
Planning Committee.
For the avoidance of doubt, all applications for Matters Specified in Conditions,
applications under Section 42, and Section 75A of the Town and Country Planning
(Scotland) Act 1997 relating to Local Planning Applications are Delegated to Appointed
Officers unless subject to the criteria set out above. It includes householder
applications and all applications under the following legislation:
▪ The Town and Country Planning (Scotland) Act 1997 (as amended)
▪ The Planning (Scotland) Act 2006 (as amended)
▪ The Planning (Scotland) Act 2019
▪ The Planning (Hazardous Substances) (Scotland) Act 1997 (as amended)
▪ The Planning (Listed Building and Conservation Areas) (Scotland) Act 1997
▪ The Town and Country Planning (Control of Advertisement) (Scotland)
Regulations 1984 (as amended)
National and Major developments as defined by Regulations made under the Town
and Country Planning (Scotland) Act 1997, including the Town and Country Planning
(Hierarchy of Development) (Scotland) Regulations 2009 and any subsequent or
amending legislation fall outwith the above criteria, and will be determined at
Planning Committee. 
In addition to the above, authority is delegated:
18 Under the terms of Section 75 of the Town and Country Planning (Scotland) Act 1997
(as amended) authority to determine is delegated to the ‘appointed officer’ to:
a) negotiate and conclude legal agreements related to planning and other
applications for all applications under the Town and Country Planning (Hierarchy of
Development) (Scotland) Regulations 2009, in consultation with the Head of
Administration and Legal Services;
b) determine applications for Modifications or Discharge of Planning Obligations
under section 75A in relation to planning applications;
19 Authority to determine applications related to Prior Notification or Prior Approval made
under the Town and Country Planning (General Permitted Development) (Scotland)
Order 1992 Schedule 1 is delegated to the ‘appointed officer’ for the following:
a) Part 1A - Class 6G: Free standing wind turbine within the residential curtilage;
b) Part 1B - Class 6K and 6L: Microgeneration Biomass facilities on agricultural or
forestry land;
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12
c) Part 6 - Class 18, 18B, 18C: Agricultural buildings; Agricultural private ways;
Conversion of existing agricultural buildings to  residential or commercial use.
d) Part 6 – Class 20A: Peatland restoration
e) Part 7 - Class 22, 22A, 22B: Forestry buildings and operations; Forestry private
ways; Conversion of existing forestry buildings to  residential or commercial use.
f) Part 13 - Class 39 and 40: Public gas transporters and electricity undertakings;
g) Part 20 - Class 67: Development by electronic communications code operators;
h) Part 23 - Class 70: Demolition of buildings;
i) Part 24 - Class 71: Toll road facilities;
j) Any other types of prior notification or prior approval that might come forward in
future amendments to the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992 Schedule 1.
20 Authority to determine overhead electricity lines and electricity sub-stations and gas
and gas governor stations and associated apparatus applications as amended by
legislation delegated to the ‘appointed officer’. 
21 Authority to determine all applications for High Hedges Consent under the High
Hedges (Scotland) Act 2013 is delegated to the ‘appointed officer’. This includes
issuing High Hedge Notices and ensuring compliance with High Hedge Notices,
including, if deemed necessary, carrying out any works required and recovering any
expenses reasonably incurred in cases where the owner or occupier of the land failed
to comply with the notice.
22 Authority to determine all tree works applications shall be delegated to the ‘appointed
officer’.  However, the making of provisional, confirmation of and removal of Tree
Preservation Orders shall be determined by the Planning Committee.
23 Further general duties ‘appointed officers’ have delegated authority to:
a) Refuse applications that are contrary to the Local Development Plan whether or not
objections or letters of support have been received except for National and Major
developments as defined by Regulations made under the Town and Country
Planning (Scotland) Act 1997 and any subsequent or amending legislation.
b) Refuse applications which are insufficient in information following a request in
writing within the specified timescale within the request (regardless of whether
representations have been made)
c) To determine requests for non-material variations of planning applications in terms
of section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended).
d) To determine Hazardous Substance Consent applications under the Planning
(Hazardous Substances) (Scotland) Act 1997 and the Town and Country Planning
(Hazardous Substances) (Scotland) Regulations 2015.
e) To determine Certificates of Lawfulness under the Town and Country Planning
(Scotland) Act 1997 (as amended) where, in the opinion of the Appointed Officer,
there is no reasonable doubt that the use or development is or would be –
(i) lawful without further planning approval; or
(ii) unlawful.
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13
f) To deal with Proposal of Application Notices in terms of section 35B of the Town
and Country Planning (Scotland) Act 1997 (as amended) and Pre-Application
Screening Notices in terms of section 35A(3) of that Act
g) To determine applications for advertisement consent under the Town and Country
Planning (Control of Advertisements) (Scotland) Regulations 1984
h) To determine, in accordance with the applicable Environmental Impact Assessment
Regulations, whether a particular planning application requires to be supported by
an Environmental Statement (Screening Opinion) and to determine the scope of
any such Statement (Scoping Opinion) and whether the information submitted with
any EIA Report is sufficient to reach a reasoned conclusion on the significant
effects of the development on the environment or whether supplementary
information is required and the scope of any such information, all in accordance
with the Town and Country Planning (Environmental Impact Assessment)
(Scotland) Regulations 2017 (as amended).
i) To determine all applications for Certificates of Appropriate Alternative
Development under section 25 of the Land Compensation (Scotland) Act 1963.
j) To decline to determine an application under section 39 of the Town and Country
Planning (Scotland) Act 1997 (as amended).
k) To discharge conditions applied on all applications, even where consented by a
Committee or Appeal Body, subject to restrictions on matters specified in conditions
applications
l) To enter processing agreements with applicants where appropriate
m) To deal with written submissions, hearings and public inquiries in connection with:
 appeals to the Scottish Ministers 
 deemed refusal appeals (pending consideration by relevant Committee
if  appropriate)
 applications subject to a ‘call-in’ by the Scottish Ministers
 reviews to the Local Review Body
n) To reply on behalf of the Council to the Scottish Government on consultations
relating to changes to policy and legislation (and other) as required and where
appropriate in consultation with the Chief Planning Officer and the Planning
Committee Chair
o) Consultations with the neighbouring Planning Authorities regarding planning
applications and to reply on behalf of the Council to planning consultations from
adjacent authorities and the Scottish Government on matters which do not have
significant policy implications.
p) To determine, in consultation with the Chair and Depute Chair of the Planning
Committee and the Head of Administration & Legal Services, the procedural rules to
be followed by the Planning Committee where it is holding a pre-determination
hearing in terms of the Town and Country Planning (Scotland) Act 1997
q) Determining unopposed Revocations of planning permission
r) in cases of immediate threat, to promote emergency Tree Preservation Orders
following consultations with the Chair and/or Depute Chair of the Planning
Committee and the Local Members.
s) To approve emergency works to listed buildings under Planning (Listed Buildings
and Conservation Areas) (Scotland) Act 1997
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14
t) Initiate and confirm road stopping up procedures where a planning consent is in place
under Sections 207 or 208 of the Town and Country Planning (Scotland) Act 1997.
For the avoidance of doubt, where a stopping up order is required as a result of a
planning decision, this shall be dealt with at Planning Committee.
u) to add rights of way to the Register for South Lanarkshire Council and, in that
connection, to apply, in consultation with the Head of Administration and Legal
Services, for a Declarator in the appropriate Sheriff Court where any person with
an interest in the land objected.
24 Authority is delegated to the ‘appointed officer’ as outlined in the current Planning
Enforcement Charter in consultation with the Chief Planning Officer to discharge the
Council’s planning enforcement function, also including the authority to decline to take
enforcement action (where appropriate),  and to give, serve, issue and sign Enforcement
related notices, under the Town and Country Planning (Scotland) Act 1997 (as
amended). 
25 To determine, in consultation with the Chair or Vice Chair of the Planning Local Review
Body, whether applications for review in terms of Section 43B of the Town and Country
Planning (Scotland) Act 1997 and any subsequent or amending legislation and or
regulation are competent and relevant and, if necessary and appropriate, to make further
enquiry of the applicant and, thereafter, to make further determination on competence
and relevance.
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Appendix 4
Terms of Reference – Associated Updates re Planning Changes
Committee/Forum Summary of Proposed Change
South Lanarkshire
Council
Add to existing para 1.5:-
 approving the Local Development Plan
Delete existing para 1.6:-
‘To determine those planning applications for which a pre-determination hearing is mandatory referred to
the Council by the Planning Committee.’
Replace with:-
To approve documents associated with the preparation of the Council’s Local Development Plan as
required under The Town and Country Planning (Development Planning) (Scotland) Regulations 2023
Community and
Enterprise Resources
Revise para 1.1 to take account of proposed changes to Scheme of Delegation (if endorsed):-
1.1 To decide on all the operational issues relating to Services within Community and Enterprise
Resources, including operational finance, personnel and property matters, taking account of the
policy and budgetary framework set by the Executive Committee and the Council.  Planning
applications and applications under the Building Regulations are excluded and will be dealt with
by the Planning or Area Committees or by the Executive Director (Community and Enterprise
Resources) under delegated powers.  All matters relating to Structure and Local Plans will be dealt
with through the Planning Committee.
3
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Area Committees Revise para 1.4 to take account of proposed changes to Scheme of Delegation (if endorsed):- 
1.4 To decide on delegated matters, as determined by the Council, including local planning,
community and other local grants.
Planning Revise para 1.1 to take account of proposed changes to Scheme of Delegation (if endorsed):- 
1.1 To decide on planning applications, monitor and enforce planning control and to decide on
applications under the Building Regulations except those areas delegated to the Executive
Director (Community and Enterprise Resources) or Area Committees as per the Scheme of
Delegation and Enforcement Charter. 
Delete and replace existing para 1.4:- 
1.4 To make recommendations to the full Council in respect of those planning applications for which
a pre-determination hearing is mandatory. 
1.4 To consider pre-determination hearings and thereafter make a decision on the application.  Any
such pre-determination hearing shall be conducted in accordance with the procedural rules
determined for the same from time to time in accordance with Section 4B of the Council’s
Scheme of Delegation. 
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Appendix 5 - Planning Authority Threshold for Objections 
Aberdeen City Council 6 or more 
Aberdeenshire Council no minimum number (but requires significant further
procedure if any number of objections received)
Angus Council 5
Argyll and Bute Council more than 10
Cairngorms National Park
Authority
all called-in applications determined at planning
committee
City of Edinburgh Council 20
Clackmannanshire Council no minimum number
Comhairle nan Eilean Siar unable to source information
Dumfries and Galloway Council 6 or more
Dundee City Council 6 or more
East Ayrshire Council more than 10
East Dunbartonshire Council more than 5
East Lothian Council unable to source information
East Renfrewshire Council 10
Falkirk Council no threshold- all delegated
Fife Council 6 or more
Glasgow City Council 6 or more
Highland Council 5 or more
Inverclyde Council 6 or more
Loch Lomond & Trossachs
National Park Authority
no criteria- all committee
Midlothian Council 10 or more
Moray Council no local applications delegated, no threshold
North Ayrshire Council no minimum number
North Lanarkshire Council 6 or more
Orkney Islands Council no minimum number
Perth and Kinross Council 6 or more
Renfrewshire Council 10
Scottish Borders Council 5
Shetland Islands Council no minimum number
South Ayrshire Council 10 or more
South Lanarkshire Council currently more than 5
Stirling Council Website unavailable
West Dunbartonshire Council substantial body of objection
West Lothian Council more than 15 
3
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0645
Proposal:  Erection and operation of wind farm consisting of up to 15 turbines
with a maximum height to blade tip of up to 200m and a Battery
Energy Storage System (BESS) of 20 MW (Consultation from
Scottish Ministers under Section 36 of the Electricity Act 1989)
Site Address:  Land 1.5km Southeast of Cowgill Reservoir Cottage
Birthwood Road
Coulter
Biggar 
Applicant:  Grayside WF Ltd
Agent:  Envams Ltd
Ward:  03 – Clydesdale East
Application Type:  Electricity notification Section 36 application
Advert Type:  None 
Development Plan
Compliance: 
Yes 
Departures:  Not applicable
Recommendation:  1. That the Scottish Government Energy Consents Unit is
informed that South Lanarkshire Council has no objection to
the granting of consent under Section 36 of the Electricity Act
1989; and 
2. That the Head of Planning and Regulatory Services be
authorised to undertake any discussions with the Scottish
Government Energy Consents Unit including in relation to
conditions to be attached to the consent if required 
Legal Agreement:  The Scottish Government is also advised that approval should be
subject to the conclusion of a legal agreement(s) covering:- 
1. Community Contribution Payments 
4
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The applicant will be responsible for meeting the Council’s reasonably
incurred legal expenses in respect of the legal agreement and
restoration guarantee quantum.
Direction to
Scottish Ministers 
No 
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1. Reason for Report
1.1. The response that is to be submitted to the Scottish Government in relation to this
application is required to be approved by the Planning Committee under Clause 5.1 of
the Decision-Making Process 2015: all national and major planning applications
(Construction of an electricity generating station which has the capacity of or exceeds
20 Megawatts). 
2. Site Description
2.1. The site is situated approximately 1.7km south of the village of Lamington, 5.7km north
east of Abington and immediately north of the existing Clyde and Clyde Extension
Wind Farm (Clyde Wind Farms) in South Lanarkshire.  It covers approximately 2,142
hectares and follows a broad upland landform of rolling hills, mainly consisting of
moorland slopes and steep sided valleys.  The land is used for farming as well as
areas of commercial forestry.  The undulating hills are dissected by several
watercourses on site.  Cowgill Upper and Lower Reservoirs and Coulter Reservoir are
close to the site 
3. Description of Proposed Development
3.1 An application has been made to the Scottish Government under Section 36 of the
Electricity Act 1989 for the erection of a windfarm at the site. 
3.2 The application has been made to the Energy Consents Unit within the Scottish
Government who are responsible for the administration of the process including
carrying out the necessary publicity and consultation and the decision making process. 
The Council is a statutory consultee in this process and not the Consenting Authority. 
3.3 The original proposals consisted of up to 21 turbines with a maximum height to blade
tip of 200m with a generation capacity of 147MW together with a 20MW battery storage
facility.  Following consultation, the proposal has been revised to now involve up to 15
turbines with a generation capacity of 105MW and a battery storage facility with up to
40MW storage capacity. 
3.4. The development that is now being consulted on comprises:- 
 Up to 15 wind turbines, each with a maximum tip height of up to 200m, and
external transformers (if required); 
 Associated foundations and crane hardstandings at each wind turbine location; 
 Access tracks linking the turbine locations comprising of a combination of new
and upgraded existing tracks (21.2km of track in total, 3.5km of which will be
upgraded and 17.7km of which will be new); 
 One new borrow pit for aggregate extraction; 
 A network of underground cabling; 
 A new substation compound including a new control building and battery energy
storage units; and 
 One temporary construction compound. 
Construction traffic would travel along the M74 and access the site from the A702 via
a new access point using an existing entrance 1.8km to the west of Coulter.  The
applicant is also in discussion with the owner of the adjoining Clyde Windfarm to use
their access for construction; this is close to the small settlement of Wandel also on
the A702. 
4. Relevant Planning History
4.1. There have been no recent planning applications submitted for the application site.  
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5. Supporting Information 
5.1. An Environmental Impact Assessment (EIA) has been carried out by the applicant and
submitted with the application to the Scottish Government.  The revisions to the
original proposals resulted in Supplementary Environmental Information being
prepared as an addendum to the original EIA.  Matters addressed in the EIA and
addendum include landscape and visual impact, ecology and ornithology, archaeology
and cultural heritage, noise, access, traffic and transportation, geology and soils,
hydrology and hydrogeology, and a summary of mitigation measures.     
6. Consultations
The Energy Consents Unit (ECU) has carried out a wide range of consultation on the
section 36 application.  The Council is responsible only for carrying out internal
consultation to inform its response to the consultation from the ECU and these are set
out below. 
6.1. Roads, Transportation and Fleet Services – advise that the A702 which will be used
as the main access to the site is a trunk road managed by Transport Scotland.  The
proposals will not have any direct impact on the Council’s road network.  Using the
A73 as part of the haul route to the access point will require a section 96 agreement
between the Council and applicant to ensure any damage to the public road during
construction is addressed.  This could be addressed through a reference in a
Construction Phase Traffic Management Plan. 
Response:  Noted.  This matter is addressed in the draft list of conditions as part of
the recommendation.  It should be noted Transport Scotland has been consulted
directly by the Energy Consents Unit. 
6.2. Environmental Services – no objections to the proposals subject to conditions to cover
operational noise from the windfarm and measures to be put in place to deal with
complaints about noise and shadow flicker. 
Response:  Noted.  These matters are addressed in the draft list of conditions.   
7. Representations
7.1. The Energy Consents Unit are responsible for carrying out statutory neighbour
notification and publicity on the application.  Any representations are sent directly to
the ECU for consideration in their assessment of the section 36 application. 
8. Development Plan
8.1. 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. Policy 11 – Energy sets out the Scottish
Government’s policy intent in relation to renewable development. Other policies that
are relevant include:- 
 Policy 1 – Tackling the Climate and Nature Crisis
 Policy 3 – Biodiversity
 Policy 4 – Natural Places
 Policy 5 – Soils
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 Policy 6 – Forestry, Woodland and Trees
 Policy 7 – Historic Assets and Places
 Policy 29 – Rural Development 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- 
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 14 - Natural and Historic Development
 Policy 15 - Travel and Transport
 Policy 16 - Water Environment and Flooding
 Policy 18 – Renewable Energy 
South Lanarkshire Council (SLC) Supporting Planning Guidance 
 Renewable Energy (January 2021) 
9. Guidance
9.1. Scottish Government Onshore Wind Policy Statement 
10. Assessment and Discussion
10.1. This application has been submitted to the Scottish Government under Section 36 of
the Electricity Act 1989 as it is development with a generating capacity of over 50MW. 
In this instance South Lanarkshire Council is a consultee to the application process
and is not the Consenting Authority. 
10.2. The original proposal for up to 21 turbines underwent significant revision to take
account of comments made by statutory consultees to the Energy Consents Unit.  The
number of turbines has been reduced to 15 in total which has had the effect of reducing
the footprint of the development and the overall impact of the turbines. 
10.3. National Planning Framework 4 (NPF4) sets out the long-term vision for the
development of Scotland through the National Spatial Strategy.  NPF4 aims to meet
Scotland’s climate ambition which will require a rapid transformation across all sectors
of the economy and society.  The Scottish Government’s Onshore Wind Policy
Statement sets a target for installed onshore wind generation of 20 GW by 2030. 
NPF4 Policy 1 - Tackling the Climate and Nature Crises states that there is a need to
encourage, promote and facilitate development that addresses the global climate
emergency and nature crisis, whilst Policy 2 – Climate Mitigation and Adaptation seeks
to encourage, promote and facilitate development that minimises emissions and
adapts to the current and future impacts of climate change. 
10.4. Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms
of renewable energy development.  This includes energy generation and battery
storage and their co-location.  Development proposals for all forms of renewable, low
carbon and zero emissions are to be supported.  The policy sets out a range of criteria
that proposals should be assessed against to ensure the impact of the project design
and mitigation is addressed.  In terms of the matters that are within the remit of the
Council as a consultee on the application, these include:-  
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 impacts on communities and individual dwellings, including, residential amenity,
visual impact, noise and shadow flicker
 significant landscape and visual impacts
 public access, including impact on long distance walking and cycling routes and
scenic routes
 impacts on road traffic and on adjacent trunk roads, including during construction
 cumulative impacts 
10.5. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18:
Renewable Energy states applications for renewable energy infrastructure
developments will be supported subject to an assessment against the relevant criteria
and requirements set out in the Assessment Checklist for Renewable Energy
Proposals contained within SLLDP2 Volume 2.  SLLDP2 Volume 2 Policy RE1
Renewable Energy supports Policy 18 and states that as well as the Checklist,
renewable energy proposals should also take into account the considerations, criteria
and guidance contained within the Supporting Planning Guidance on Renewable
Energy, Landscape Capacity Study for Wind Energy (2019 as amended) and other
relevant policies in SLLDP2. 
10.6. Together NPF4 Policy 11 and SLLDP2 Policy 18 and the associated SPG set out the
criteria that are required to be addressed when determining applications of this scale
and nature.  The Landscape and Visual Assessment (LVIA) which forms part of the
EIA is a key document in assessing the proposals.  It has been carried out using a
methodology which broadly accords with current best practice.  A review of the LVIA
has been carried out in the context of the 2016 South Lanarkshire Landscape Capacity
Study for Wind Energy and the 2019 addendum Tall Wind Turbines: Landscape
Capacity, Siting and Design Guidance.  The proposed wind turbines lie at the
northwestern edge of the Southern Uplands, above the upper Clyde Valley.  They also
overlook the Broad Valley Upland - Upper Clyde Landscape Character Area (LCA) to
the northwest and the Prominent Isolated Foothills, Tinto Hill and Dungavel Hill LCAs
beyond this.  Part of the site lies within a LCA that includes Culter Fell.  The Council’s
guidance indicates a medium sensitivity with no underlying capacity for large scale
wind energy development in this general location.  However, there is some remaining
capacity due to the dominating presence of Clyde wind farm directly to the south. 
10.7. The guidance also acknowledges that parts of the Southern Uplands have undergone
fundamental landscape change due to windfarm development which may result in
potential cumulative effects spreading across to East Ayrshire and Dumfries and
Galloway and creating an over-developed skyline on adjacent lower areas.  It also
seeks a visual separation with other windfarms.  The tall turbines study of 2019
explores the potential for accommodating taller turbines (up to 250m in height) in
South Lanarkshire and indicates some capacity for 150 – 250m turbines in the
Southern Uplands in areas with commercial forestry, the least distinctive landforms
and located away from settlements.  The proposals accord in principle with this
guidance. 
10.8. The main landscape and visual effects of the proposed development include
significant primary effects and also cumulative effects with operational and consented
wind farms, predominantly the Clyde cluster.  The site also lies partially within the
Upper Clyde Valley and Tinto Special Landscape Area which see frequent visitors to
the area due to the major transport routes passing through and popular hillwalking
destinations including Tinto Hill.  Nevertheless, the Council’s current guidance
acknowledges the pressure to accommodate larger turbines, indicating some capacity
within the vicinity of the site, either in addition to existing operational developments or
through the repowering of existing windfarms.  The position of the windfarm adjacent
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to Clyde wind farm reduces the wider impacts to a significant degree and the revised
layout appears as an incremental extension of the existing cumulative cluster and not
as an isolated development or leading to coalescence of established cumulative
clusters.  Furthermore, the withdrawal of the originally proposed eastern array has
reduced the potential for effects on previously unaffected receptors and the Upper
Tweeddale National Scenic Area.  The turbine arrays would be aligned along rounded
ridges of the hills, in a similar pattern to the existing Clyde turbines.  Overall the
changes to the layout have reduced the original significant impacts and brought the
proposed turbines to within a more acceptable relationship with Clyde, as a result
reducing the effects on the wider landscape. 
10.9. In terms of the impact on residential amenity the proposed development is in a rural
location with scattered small settlements and residential dwellings.  There would be
no impact on the residential amenity of residents in the nearby settlements of
Lamington and Coulter largely as a result of the intervening topography and other
landscape features.  The 11 residential properties within 3km of the site were
assessed for visual impact.  While there would be the potential for significant visual
effects at some of these, it is concluded that none of these would be subject to
significant effects on residential amenity in terms of visual impact, noise, shadow
flicker and adverse effect on residential amenity due to the isolated location of the site. 
Environmental Services have reviewed the accompanying assessments of the noise
and shadow flicker impacts and are satisfied there would not be any issues raised. 
There would also be no significant adverse visual or landscape impacts as a result of
the topography of the site and adjoining land.  Public access to the surrounding area
would not be affected and a condition is suggested to require an Access Management
Plan to be submitted to ensure this is maintained. 
10.10. Access to the site for the delivery of turbines and during the construction of the
windfarm is proposed to be from two potential points on the A702.  This is a Trunk
Road managed by Transport Scotland who have been consulted on the application
separately.  Roads, Transportation and Fleet Services have no objections to the
application but if the delivery route were to include the A73 then a section 96
agreement would be required to ensure any damage to that road is addressed by the
developer. 
10.11. The proposals also include a battery storage facility with a storage capacity of up to
40MW.  The co-location of battery storage next to operational windfarms is
encouraged in principle.  In this case the facility would not have an adverse impact on
the amenity and landscape character of the area either singly or cumulatively with the
proposed turbines and there would not be any effects on residential amenity. 
10.12. Conclusion 
In conclusion, it is considered that the proposed development complies with the
relevant policies of both the adopted National Planning Framework 4 and the adopted
South Lanarkshire Local Development Plan 2.  It is therefore recommended that the
Scottish Government be notified that the Council has no objections to the application,
subject to the conditions as set out within the paper apart and the conclusion of a legal
agreement.   
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
01. That the Scottish Government Energy Consents Unit is informed that South
Lanarkshire Council has no objection to the granting of consent under Section 36
of the Electricity Act 1989; and  
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02. That the Head of Planning and Regulatory Services be authorised to undertake
any discussions with the Scottish Government Energy Consents Unit including in
relation to conditions to be attached to the consent if required.  The Scottish
Government is also advised that approval should be subject to the conditions listed
below and conclusion of a legal agreement(s) covering:-   
 Community Contribution Payments 
Conditions:- 
01. No development shall commence until a Construction Traffic Management Plan
(CTMP) has been submitted to and approved in writing by the Roads Authority. The
CTMP shall include:- 
a. A plan showing the route of all construction traffic associated with the
development using the Council's road network. 
b. Details of all signage and lining arrangements to be put in place. 
c. A plan for access by vehicles carrying abnormal loads, including the number and
timing of deliveries and the length, width and axle configuration of all extraordinary
traffic accessing the site.
d. Wheel cleaning facilities.
e. If the route of the construction traffic is over the Council’s road network the
conclusion of a section 96 agreement between the Council and the developer. 
Following approval of the TMP:- 
a. The developer shall notify the Roads Authority in writing, as soon as reasonably
practical, of any changes in construction and decommissioning related activities
where these will have an impact on the approved TMP.  The developer must
consult with the Roads Authority and Police Scotland to agree in writing any
changes to the TMP and, thereafter, adhere to and implement the agreed changes
within the timescale set out. 
b. The developer shall undertake all work associated with the approved TMP and
any subsequent amendments in accordance with the approved TMP.  All abnormal
loads shall be delivered to site in accordance with the approved TMP and Abnormal
Load Route Assessment. 
Reason: In the interests of road safety. 
02. Except as otherwise required by the terms of the section 36 consent and deemed
planning permission, the Development shall be undertaken in accordance with the
Application and the accompanying Environmental Impact Assessment (EIA) Report
including all Appendices, including all mitigation and monitoring measures stated in
it, and other documentation lodged in support of the Application. 
Reason: to ensure that the Development is carried out in accordance with the
approved details. 
03. No development shall commence unless and until full details of the proposed wind
turbines (including, but not limited to, the power rating and sound power levels, the
size, type, external finish and colour, which should be non-reflective pale grey semi-
matt), any anemometry masts and all associated apparatus have been submitted to
and approved in writing by the Planning Authority. 
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Reason: To ensure that the environmental impacts of the turbines forming part of the
Development conform to the impacts assessed in the environmental statement and
in the interests of the visual amenity of the area. 
04. Prior to the commencement of works in respect of each the following elements;−
control building; − substation; − associated compounds; − any construction
compound boundary fencing; − external lighting; and − parking areas. 
Final details of the external appearance, dimensions, and surface materials of the
relevant element shall be submitted to and approved in writing by the Planning
Authority.  The control buildings, substation, associated compounds, fencing,
external lighting and parking areas approved shall be constructed in accordance with
the approved details and maintained as such for the lifetime of the development,
hereby approved, unless otherwise agreed in writing by the Planning Authority. 
Reason: To ensure that the environmental impacts of the sub-station and ancillary
development forming part of the Development conform to the impacts assessed in
the environmental impact assessment and in the interests of the visual amenity of
the area. 
05. Each turbine, building, compound, area of hardstanding, track and watercourse
crossing shall be erected in the position indicated upon Figure 3.1 (Site Layout Plan)
within the Environmental Impact Assessment Report, dated November 2020, 
A variation of the indicated position of any turbine or other development
infrastructure detailed on the approved drawing shall be notified on the following
basis:- 
(a) if the micro-sited position is less than 50 metres it shall only be permitted
following the approval of the Ecological Clerk of Works (ECoW). 
(b) if the micro-sited position is of between 50 metres and 100 metres it shall only be
permitted following written approval of the Planning Authority in consultation with
SEPA. 
(c) Unless otherwise agreed in writing by the Planning Authority in consultation with
SEPA said provisions relating to micro-sited positioning shall not have the effect
such that any micro-sited position will:- 
- bring a turbine any closer to an uninvolved property than is already approved 
- bring a turbine outwith the planning application boundary 
- breach the 50 metre water buffer zones 
- take place within areas of peat of greater depth than the original location 
Reason: to control environmental impacts while taking account of local ground
conditions. 
06. Within 3 months of Date of Final Commissioning the Company shall submit to the
Planning Authority an "as built plan" at an appropriate scale indicating the location of
any track, turbine, crane pad and restored borrow pit within the Development. 
Reason: In order to retain effective planning control. 
07. No development shall commence unless and until a scheme for the working and
restoration of borrow pits has been submitted to, and approved in writing by, the
Planning Authority in consultation with SEPA.  The scheme shall include:-  
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(a) a detailed working method statement based on site survey information and
ground investigations; 
(b) details of the handling of any overburden (including peat, soil and rock); 
(c) drainage measures, including measures to prevent surrounding areas of
peatland, water dependant sensitive habitats and Ground Water Dependent
Terrestrial Ecosystems (GWDTE) from drying out; 
(d) a programme of implementation of the works described in the scheme; and 
(e) details of the reinstatement, restoration and aftercare of the borrow pit(s) to be
undertaken at the end of the construction period, including topographic surveys of
pre-construction profiles and details of topographical surveys to be undertaken of the
restored borrow pit profiles. 
The approved scheme shall be implemented in full. 
Reason: To ensure that excavation of materials from the borrow pit(s) is carried out
in a manner that minimises the impact on road safety, amenity and the environment,
and to secure the restoration of borrow pit(s) at the end of the construction period. 
08. No blasting shall take place until such time as a blasting method statement has been
submitted to and approved in writing by the Planning Authority.  The method
statement shall include details of measures required to minimise the impact of
blasting on residential and other noise-sensitive properties in the vicinity of the site. 
It shall also include the following measures:- 
(a) Blasting shall be carried out using the best practicable means of ensuring that the
resultant noise, vibration and air overpressure are minimised; 
(b) Blasting techniques and instantaneous charge levels shall be employed such that
the predicted peak particle velocity shall not exceed 6 mm/s in any plane in 95%
of all blasts in any one month period, and no individual blast shall exceed a peak
particle velocity of 12 mm/s as would be measured on the ground adjacent to any
vibration-sensitive building; 
(c) Under normal atmospheric conditions, the peak linear overpressure level shall
not exceed 120dB as measured from any neighbouring noise sensitive premises; 
(d) Within the constraints of safe practice, blasting shall be avoided under weather
conditions which are likely to direct or focus the blast air overpressure towards
neighbouring noise sensitive properties; and 
(e) Blasting shall thereafter be carried out in accordance with the approved method
statement, unless otherwise agreed in writing with the Planning Authority. 
Reason: To protect the residential amenity of the area.  
09. No development shall commence unless and until the terms of appointment by the
Company of an independent and suitably qualified environmental consultant as
Planning Monitoring Officer ("PMO") have been submitted to, and approved in writing
by, the Planning Authority. 
The terms of appointment shall:-
(a) impose a duty to monitor compliance with the terms of the deemed planning
permission and the conditions attached to it; 
(b) require to set out the frequency of PMO visits to site; 
(c) require the PMO to submit a monthly report to the Planning Authority
summarising works undertaken on site; and 
(d) require the PMO to report to the Planning Authority any incidences of non-
compliance with the terms of the deemed planning permission and conditions
attached to it at the earliest practical opportunity.  
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The PMO shall be appointed on the approved terms throughout the period from
Commencement of Development to completion of post construction restoration
works. 
Reason: To enable the development to be suitably monitored to ensure compliance
with the planning permission and the conditions attached to it 
10. At least one month prior to the Commencement of Development, a guarantee to
cover all site restoration and aftercare liabilities imposed on the expiry of this consent
will be submitted for the written approval of the Planning Authority.  Such guarantee
must:- 
(a) be granted in favour of the Planning Authority 
(b) be granted by a bank or other institution which is of sound financial standing and
capable of fulfilling the obligations under the guarantee
(c) be for an amount which covers the value of all site restoration and aftercare
liabilities as determined by the Planning Authority at the Commencement of
Development
(d) contain provisions so that all the site restoration and aftercare liabilities as
determined at the Commencement of Development shall be increased on each fifth
anniversary of the date of this consent
(e) come into effect on or before the date of Commencement of Development 
No work shall begin at the site until:-
(1) written approval of the Planning Authority has been given to the terms of such
guarantee and 
(2) thereafter the validly executed guarantee has been delivered to the Planning
Authority. 
In the event that the guarantee becomes invalid for any reason, no operations will be
carried out on site until a replacement guarantee completed in accordance with the
terms of this condition is lodged with the Planning Authority. 
Reason: to ensure that there are sufficient funds to secure performance of the
decommissioning, restoration and aftercare conditions attached to this deemed
planning permission in the event of default by the Company. 
11. No development shall commence unless and until the terms of appointment of an
independent Environmental Clerk of Works ("ECoW") by the Company have been
submitted to and approved in writing by the Planning Authority in consultation with
NatureScot.  The terms of appointment shall:- 
(a) impose a duty to monitor compliance with the ecological and hydrological
commitments and mitigations measures provided in the EIA Report and other
information lodged in support of the application, the Construction and Environmental
Management Plan, the Habitat Management Plan approved;
(b) require the ECoW to report to the nominated construction project manager any
incidences of non-compliance with the ECoW works at the earliest practical
opportunity; 
(c) require the ECoW to submit a monthly report to the Planning Authority
summarising works undertaken on site; 
(d) require the ECoW to report to the Planning Authority any incidences of non-
compliance with the ECoW works at the earliest practical opportunity; 
(e) Advising the Company on adequate protection of nature conservation interests
on the site; and 
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(f) Directing the micro-siting and placement of the turbines and infrastructure. 
The ECoW shall be appointed on the approved terms throughout the period from
Commencement of Development to completion of post construction restoration
works 
Reason: To secure effective monitoring of and compliance with the environmental
mitigation and management measures associated with the Development during the
construction and restoration phase. 
12. No later than eighteen months prior to decommissioning of the Development or the
expiry of the section 36 consent (whichever is the earlier), details of the terms of
appointment of an ECoW by the Company throughout the decommissioning,
restoration and aftercare phases of the Development shall be submitted for the
written approval of the Planning Authority in consultation with NatureScot. 
The ECoW shall be appointed on the approved terms throughout the
decommissioning, restoration and aftercare phases of the Development. 
Reason: To secure effective monitoring of and compliance with the environmental
mitigation and management measures associated with the Development during the
decommissioning, restoration and aftercare phases. 
13. No development shall commence until a Construction Environmental Management
Plan (CEMP) has been submitted to and approved by the Planning Authority in
consultation with SEPA and NatureScot. 
The CEMP shall be submitted a minimum of 2 months prior to works commencing on
site and shall incorporate "good practice" methods from the Scottish UK wind farm
industry to ensure that environmental impacts are reduced and incorporate all the
mitigation measures identified in the EIA Report and Appendices dated November
2020.  Thereafter, all the measures described in the approved CEMP shall be
implemented within the timescales set out. 
The CEMP shall include the following:- 
(a) A plan of the construction operations at an appropriate scale.
(b) A plan to an appropriate scale showing the location of any contractor's site
compound and laydown areas required temporarily in connection with the
construction of the development. 
(c) Method of defining track route and location (track corridors should be pegged out
500 - 1000m in advance of operations).
(d) Track design approach.
(e) Maps of tracks indicating double and single tracks and position of passing places.
(f) The full extent of anticipated track 'footprint(s)' including extent of supporting
'geogrid' below roadstone and cabling at the edges of the track.
(g) Track construction: Floating track construction over peat >1m deep and gradients
of 1:10 or less.  Track construction for peat 1:10, cross slopes or other ground
unsuitable for floating roads. 
(h) Procedures to be followed when, during track construction, it becomes apparent
that the chosen route is more unstable or sensitive than was previously concluded,
including ceasing work until a solution is identified, informed with reference to advice
from ECoW. 
(i) Details of peat/soil stripping, storage and re-use.  All soils stored on site shall be
in accordance with BS3882 and Nature Scot and SEPA guidance.  
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(j) A management plan for minimising the emission of dust from the construction and
operation of the development. 
(k) Specifying the means by which material to be used for the development is
brought on site unless it has certification from a suitably UKAS accredited laboratory
to confirm that the material is not contaminated. 
(l) Compliance with South Lanarkshire 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 4. 
(m) A coloured plan showing the sustainable drainage apparatus serving the
application site together with the contact name and emergency telephone number of
the party responsible for its future maintenance.  Details of the future maintenance
regime in accordance with the latest Construction Design and Management (CDM)
Regulations is to be provided on this drawing. 
(n) A description of and measures to mitigate impact on surface water courses,
hydrology, and private water supplies.
(o) Watercourse crossings should be kept to a minimum to ensure they do not
adversely impact on natural flow pathways.  These crossings shall be appropriately
sized and overland flow routes shall be provided in the event of culvert blockage. 
(p) Measures to be taken to ensure that the work does not cause mud, silt, or
concrete to be washed away either during the construction stage or as a result of
subsequent erosion.  Where possible construction works shall avoid road
construction during periods of high rainfall. 
(q) Timing and extent of any necessary re-instatement. 
(r) Details of the site security gate, wheel wash facility and site entrance hard
standing for the written approval of the Planning Authority.  All work associated with
construction of the access gate, access bell mouth (with associated abnormal load
over run area) and wheel wash facility, vehicle parking on site for staff, visitors and
deliveries to ensure that all vehicles can manoeuvre within the site and exit in
forward gear shall be implemented on site prior to commencement of any internal
site works.  Details for wheel wash facility to maintain the public road network clear
of any mineral/soils throughout the construction period. 
(s) Best practice mitigation for pollution prevention and Forest and Water Guidelines
published by the Forestry Commission. 
(t) Ground Water and Surface Water Monitoring Plan shall be submitted to and
approved by the Planning Authority in consultation with SEPA.  All works require to
be carried out by competent qualified professional.  The methodology of such
monitoring including locations frequency, gathering of information of baseline levels,
etc shall be submitted to the planning authority for approval prior to the
commencement of works on site.  Thereafter, the plan shall be implemented within
the timescales set out to the satisfaction of the Planning Authority and the results of
such monitoring shall be submitted to the planning authority on a 6 monthly basis, or
on request. 
(u) A monitoring plan shall be submitted to the planning authority setting out the
steps that shall be taken to monitor the environmental effects of the development,
including the effects on noise and dust, during the construction phase and the
operational phase.  The methodology of such monitoring including locations
frequency, gathering of information on background levels, etc shall be submitted to
the planning authority for approval prior to the commencement of works on site. 
Thereafter, the plan shall be implemented to the satisfaction of the Planning
Authority and the results of such monitoring shall be submitted to the planning
authority on a 6 monthly basis, or on request
(v) a site waste management plan. 
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The development shall be implemented thereafter in accordance with the approved
CEMP unless otherwise approved in advance in writing by the Planning Authority in
consultation with NatureScot and SEPA. 
Reason: To ensure that all works are carried out in a manner that minimises their
impact on road safety, amenity and the environment, and that the mitigation
measures contained in the EIA Report accompanying the application, or as
otherwise agreed. 
14. All construction work associated with the development must be carried out in
accordance with the current BS 5228, 'Noise control on construction and open sites'
and all audible construction activities shall be limited to: Monday to Friday 7.00am to
7.00pm, Saturday 7.00am to 1.00pm; with no audible activity taking place on
Sunday, local and national bank holiday. 
Out with these periods, works at the site shall be limited to emergency works and
dust suppression, unless otherwise approved in writing by the local planning
authority.  The local planning authority shall be informed in writing of emergency
works within three working days of occurrence. 
In relation to when borrow pits are operational, then the noise levels shall be
restricted to 55dB LA eq (1hr) or background LA90 (1hr) + 10dBA, whichever is the
lesser and any general construction noise, which is ongoing simultaneously with the
Borrow Pit operation, shall be considered as Borrow Pit noise. 
Reason: In the interests of local amenity. 
15. No development shall commence unless and until a Traffic Management Plan (TMP)
and a Timber Transport Plan (TTP) have been submitted to and approved in writing
by the Planning Authority in consultation with Roads and Transportation Services,
Transport Scotland, Police Scotland and the South Lanarkshire Council's Access
Officer.  Proposals shall include signage at conflicts with the South Lanarkshire
Council's Core Path and Wider Network and arrangements for maintenance of such
signage.  The plans shall also include:- 
(a) The routeing of all traffic associated with each phase of the Development
(construction, operational and decommissioning) on the local road network generally
in accordance with the phasing and vehicle movements as set out in the EIA Report. 
This shall provide the date when the access is no longer required other than for
occasional intermittent use. 
(b) Measures to ensure that the specified routes are adhered to, including monitoring
procedures; 
(c) Details of all signage and lining arrangements to be put in place; 
(d) Provisions for emergency vehicle access; 
(e) Wheel washing facilities; 
(f) Site staff car parking; 
(g) Identification of a nominated person to whom any road safety issues can be
referred;
(h) access routes for any turbine erection cranage; and
(i) Details of monitoring and recording the vehicle movements and tonnage to and
from site require to be submitted to the Planning Authority monthly or on request. 
Following approval, the TMP and TTP shall be implemented as approved for the
lifetime of the consent, hereby approved, unless otherwise agreed in writing by the
Planning Authority.  
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Reason: In the interests of road safety. 
16. No development shall commence unless and until an Abnormal Load Route
Assessment has been submitted for the written approval of the Planning Authority in
consultation with Transport Scotland.  Details of all works and modifications to the
local road network associated with this Abnormal Local Route Assessment including
the removal of street furniture, junction widening and traffic management shall also
be included. 
Following approval of the Abnormal Load Route Assessment and details of any
required, associated works, these shall be implemented as approved and maintained
as such until all abnormal loads have delivered to the site. 
Reason: In the interest of road safety and to ensure that abnormal loads access the
site in a safe manner. 
17. No development shall commence until a communication strategy to inform the local
community of the construction programme and ongoing works (to include developer
contact points) is submitted for the approval of the Planning Authority. 
Thereafter the approved strategy shall be implemented. 
Reason: In the interests of road safety. 
18. No development shall commence until a detailed Access Management Plan (AMP) in
accordance with the Scottish Outdoor Access Code is submitted for the written
approval of the Planning Authority.  Thereafter the approved AMP shall be adhered
to and implemented within the timescales set out. 
The AMP shall be produced in consultation with the South Lanarkshire Council's
Countryside and Greenspace Services and a programme of community consultation
shall be undertaken on a draft AMP. 
Proposals shall incorporate and identify the South Lanarkshire Council's Core Path
and Wider Network and provide signage where the network identifies links.  No
works shall commence on site until such times as the AMP has been approved in
writing by the Planning Authority. 
Where access requires to be restricted at any time, clear signage following the
Scottish Outdoor Access Code branding guidelines should be used. 
Reason: In the interests of amenity and in order to retain effective planning control. 
19. No development shall commence unless and until the Company has secured the
implementation of a programme of archaeological works in accordance with a written
scheme of investigation, including archaeological walkover survey which has been
submitted by the applicant, agreed by West of Scotland Archaeology Service and
approved by the Planning Authority. 
Thereafter the developer shall ensure that the programme of archaeological works is
fully implemented and that all recording and recovery of archaeological resources
within the development site is undertaken to the satisfaction of the Planning Authority
in agreement with the West of Scotland Archaeology Service.  The approved
programme of archaeological works shall be implemented in full. 
Reason: To ensure the protection or recording of archaeological features on the site. 
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20. No development shall commence unless and until an outline decommissioning,
restoration and aftercare strategy has been submitted to, and approved in writing by,
the Planning Authority in consultation with NatureScot. 
The strategy shall outline measures for the decommissioning of the Development and
restoration and aftercare of the site and shall include proposals for the removal of the
Development, the treatment of ground surfaces, the management and timing of the
works and environmental management provisions. 
Reason: To ensure the decommissioning and removal of the Development in an
appropriate and environmentally acceptable manner and the restoration and aftercare
of the site, in the interests of safety, amenity and environmental protection. 
21. The wind turbines shall cease to generate electricity by no later than the date falling
thirty years from the date of Final Commissioning and the turbines shall be
appropriately decommissioned thereafter.  The total period for decommissioning and
restoration of the Site in accordance with this condition shall not exceed 33 years from
the date of Final Commissioning without the prior written approval of the Scottish
Ministers in consultation with the Planning Authority. 
No later than five years prior to decommissioning of the Development or the expiry of
the section 36 consent (whichever is the earlier) a detailed decommissioning,
restoration and aftercare plan, based upon the principles of the approved
decommissioning, restoration and aftercare strategy shall be submitted for the written
approval of the Planning Authority in consultation with NatureScot and SEPA.  The
detailed decommissioning, restoration and aftercare plan shall provide updated and
detailed proposals, in accordance with relevant guidance at that time, for the removal
of the Development, the treatment of ground surfaces, the management and timing of
the works and environment management provisions which shall include (but is not
limited to):- 
(a) a site waste management plan (dealing with all aspects of waste produced during
the decommissioning, restoration and aftercare phases); 
(b) details of the formation of the construction compound, welfare facilities, any areas
of hardstanding, turning areas, internal access tracks, car parking, material stockpiles,
oil storage, lighting columns, and any construction compound boundary fencing; 
(c) a dust management plan; 
(d) details of measures to be taken to prevent loose or deleterious material being
deposited on the local road network, including wheel cleaning and lorry sheeting
facilities, and measures to clean the site entrances and the adjacent local road
network; 
(e) a pollution prevention and control method statement, including arrangements for
the storage and management of oil and fuel on the site; 
(f) details of measures for soil storage and management; 
(g) a surface water and groundwater management and treatment plan, including
details of the separation of clean and dirty water drains, and location of settlement
lagoons for silt laden water; 
(h) details of measures for sewage disposal and treatment; 
(i) temporary site illumination; 
(j) the construction of any temporary access into the site and the creation and
maintenance of associated visibility splays;
(k) details of watercourse crossings; and 
(l) a species protection plan based on surveys for protected species (i.e. otter, badger,
water vole, red squirrel and pine marten) carried out no longer than eighteen months
prior to submission of the plan.  
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The Development shall be decommissioned, the site restored and aftercare
undertaken in accordance with the approved plan, unless and until otherwise agreed
in writing in advance with the Planning Authority in consultation with NatureScot and
SEPA. 
Reason: To ensure the decommissioning and removal of the Development in an
appropriate and environmentally acceptable manner and the restoration and aftercare
of the site, in the interests of safety, amenity and environmental protection. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date:  19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/22/0645 | Erection and operation of wind farm consisting of up to 15 turbines with a maximum height
to blade tip of up to 200m and a Battery Energy Storage System (BESS) of 20 MW (Consultation from
Scottish Ministers under S36 of the Electricity Act 1989) | Land 1.5km Southeast Of Cowgill Reservoir
Cottage Birthwood Road Coulter Biggar (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 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0881
Proposal:  Erection of 6 turbines and associated infrastructure including new site
entrance, new access tracks, turbine foundations and hardstandings,
control building and substation, temporary construction compound
and temporary borrow pit 
Site Address:  Land 1km West of Littlegalla Farm
Wiston
Biggar 
Applicant:  BayWa.r.e. UK Limited
Agent:  Ramboll
Ward:  03 – Clydesdale East
Application Type:  Detailed planning application
Advert Type:  Non-notification of neighbours
Bad Neighbour Development
EIA development 
Lanark Gazette 20 August 2022 
EIA development 
Edinburgh Gazette 10 August 2022 
Development Plan
Compliance: 
No 
Departures:  Not applicable
Recommendation:  Refuse 
Legal Agreement:  Not applicable
Direction to
Scottish Ministers 
No 
5
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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: all national and major planning applications
(Construction of an electricity generating station which has the capacity of or exceeds
20 Megawatts). 
2. Site Description
2.1 The site is located approximately 2.5km south east of Rigside and 4km to the west of
Wiston.  It covers an area of approximately 206 hectares and is used mainly for grazing
livestock.  The site is positioned on a north facing hill.  There is one residential property
within the site which is occupied by the owner of the application site.  The B7055 that
runs from the A70 to the A73 is located to the north of the site.  Garf Water crosses
the north of the site. 
3. Description of Proposed Development
3.1 The applicant is seeking detailed planning permission for the erection of a windfarm
at the site.  The proposals comprise the following:- 
 6 wind turbines, each with a maximum tip height of up to 149.9m with an installed
capacity of 30MW; 
 Turbine infrastructure including foundations, transformer housing and crane
hardstandings at each wind turbine location; 
 Search area for a borrow pit;
 A network of underground cabling; 
 A new substation compound including a new control building; and 
 One temporary construction compound. 
A new site access would be created onto the B7055.  Construction traffic will travel
along the M74 and access the site via the B7078, A70 and B7055.  Approximately
3.6km of new access track would be created internally. 
4. Relevant Planning History
4.1. There have been no recent planning applications submitted for the application site. 
5. Supporting Information 
5.1. An Environmental Impact Assessment (EIA) has been carried out by the applicant and
submitted with the application.  Matters addressed in the EIA and addendum include
landscape and visual impact, ecology and ornithology, archaeology and cultural
heritage, noise, access, traffic and transportation, geology and soils, hydrology and
hydrogeology, and a summary of mitigation measures.  Following a review of
consultation responses additional supporting environmental information was
submitted as an addendum to the original EIA. 
5.2. The applicant was required to carry out statutory pre-application consultation before
the submission of the application as the proposals comprise a major development.  A
Pre-Application Consultation Report describing the consultation that was carried out,
the responses received and the applicant’s revisions to the scheme as a result of the
consultation was submitted with the application.       
6. Consultations
6.1. Roads, Transportation and Fleet Services – recommend deferral of the application for
the submission of further information to allow a full consideration of the impact of the
proposals on the road network, including bridges and other structures, and ensure that
appropriate sightlines can be achieved over land within the control of the applicant.    
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Response:  Noted. 
6.2. Environmental Services – no objections to the proposals subject to conditions to cover
operational noise from the windfarm and measures to be put in place to deal with
complaints about noise and shadow flicker.
Response:  Noted.  This matter could be addressed by condition if consent is granted. 
6.3. Scottish Water – no objections
Response:  Noted. 
6.4. NATS – initially objected to the application on the grounds that the proposed
development conflicts with their safeguarding criteria.  NATS subsequently advised
that an agreement had been concluded with the applicants to ensure the design and
implementation of a mitigation solution.  The objection was withdrawn subject to a
suspensive condition requiring the mitigation scheme to be approved before the
erection of any turbines. 
Response:  Noted.  This matter could be addressed by condition if consent is granted. 
6.5. Edinburgh Airport - objected to the application on the grounds that the proposed
development conflicts with their safeguarding criteria.  Following the carrying out of a
safeguarding assessment the objection was withdrawn.
Response:  Noted. 
6.6. Ministry of Defence – object to the application due to safeguarding concerns for aircraft
within what is a tactical training area.  In addition, the site is within the statutory
consultation zone of the Eskdalemuir Seismological recording station.  The turbines
would generate seismic noise that would interfere with the operational activity at the
facility.  There is currently no noise budget to accommodate these turbines. 
Response: In response to this objection the applicant has advised that an industry
wide solution to the impact of windfarm development on the operation of Eskdalemuir
is being developed.  However, this matter shows no sign of being concluded and, as
it stands, the proposals would have a significant impact on this facility.  In addition, the
applicant has not addressed the concerns about the impact on low flying aircraft. 
6.7. West of Scotland Archaeology Service – the proposed turbines would have a
significant adverse impact on the setting of the cairn at Ewe Hill.  They would also
appear in the line of sight from Ewe Hill to other cairns in the vicinity some of which
are scheduled monuments.  Although the effect on the setting of these features is
moderate they do have a value as a group.  There are also 13 heritage features within
the site that could be impacted by construction.
Response: Noted.  The proposals are not considered to have a significant adverse
impact on the setting of scheduled monuments.  The potential impact on heritage
features within the site could be dealt with by conditions. 
6.8. Historic Environment Scotland – no objections.
Response:  Noted. 
6.9. SEPA – recommended the repositioning of turbines to avoid conflict with groundwater
ecosystems and areas of shallow peat.  Further information was sought in relation to
the impact of private water supplies in the area.  Following the submission of
information the objection was withdrawn.
Response:  Noted.  
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6.10. Duneaton Community Council – object to the application on the grounds of cumulative
impact, visual impact, the impact on landscape and visual character of the area and
the adverse effect on recreational use in the area. 
Response:  Noted.  These matters are addressed in more detail in section 10 of the
report. 
6.11. Nature Scot – Highlight that the proposals would affect the scenic qualities of the
Upper Clyde Valley Special Landscape Area and result in significant adverse impacts
on the landscape character of the area. 
Response:  Noted.  The views of Nature Scot are addressed in section 10 of the
report. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, 15 letters
of representation were received objecting to the application.  The issues raised are
summarised as follows:- 
 The impact of the proposed turbines on the visual amenity of the surrounding
area.
 The turbines would have an overbearing impact and dominate the landscape
character of the area.
 Cumulative impact with other wind farms.  In particular the proposal would reduce
the gap between windfarms in the Hagshaw Hill/Douglas area to the west and
those at Clyde and Priestgill to the east.
 The need for more windfarms in the area.
 The impact on the residential amenity of the area due to noise and visual impacts.
 The impact on local wildlife.
 The turbines would adversely affect the recreational enjoyment of the area in
particular in relation to users of Tinto Hill. 
 There would be no direct benefits to the local community. 
In addition, 7 letters of support have been received.  Issues raised include:- 
 The contribution the windfarm would make to achieving net zero targets and
tackling the climate crisis.
 The local employment and social benefits associated with the proposal.
 The proposed turbines would fit in with existing windfarm development. 
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.  Policy 11 – Energy sets out the
Scottish Government’s policy intent in relation to renewable development. Other
policies that are relevant include:- 
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 Policy 1 – Tackling the Climate and Nature Crisis
 Policy 3 – Biodiversity
 Policy 4 – Natural Places
 Policy 5 – Soils
 Policy 6 – Forestry, Woodland and Trees
 Policy 7 – Historic Assets and Places
 Policy 29 – Rural Development 
8.3. 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 18 – Renewable Energy 
South Lanarkshire Council (SLC) Supporting Planning Guidance 
 Renewable Energy (January 2021) 
9. Guidance
9.1. Scottish Government Onshore Wind Policy Statement. 
10. Assessment and Discussion
10.1. National Planning Framework 4 (NPF4) sets out the long-term vision for the
development of Scotland through the National Spatial Strategy.  NPF4 aims to meet
Scotland’s climate ambition which will require a rapid transformation across all sectors
of the economy and society.  The Scottish Government’s Onshore Wind Policy
Statement sets a target for installed onshore wind generation of 20 GW by 2030. 
10.2. NPF4 Policy 1 - Tackling the Climate and Nature Crises states that there is a need to
encourage, promote and facilitate development that addresses the global climate
emergency and nature crisis, whilst Policy 2 – Climate Mitigation and Adaptation seeks
to encourage, promote and facilitate development that minimises emissions and
adapts to the current and future impacts of climate change. 
10.3. Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms
of renewable energy development.  This includes energy generation and battery
storage and their co-location.  Development proposals for all forms of renewable, low
carbon and zero emissions are to be supported.  The policy sets out a range of criteria
that proposals should be assessed against to ensure the impact of the project design
and mitigation is addressed.  Significant weight is to be given on the contribution of
the proposal to renewable energy generation targets.  Notwithstanding the broad
policy support for new renewable energy proposals through Policy 11, other policy
considerations in NPF4 do however have to be taken into account. 
10.4. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18:
Renewable Energy states applications for renewable energy infrastructure
developments will be supported subject to an assessment against the relevant criteria
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Proposals contained within SLLDP2 Volume 2.  SLLDP2 Volume 2 Policy RE1
Renewable Energy supports Policy 18 and states that as well as the Checklist,
renewable energy proposals should also take into account the considerations, criteria
and guidance contained within the Supporting Planning Guidance on Renewable
Energy, Landscape Capacity Study for Wind Energy (2019 as amended) and other
relevant policies in SLLDP2. 
10.5. The spatial framework for wind energy in SLLDP2 identifies the application site as
being in an area where careful consideration of new proposals is required to prevent
coalescence between existing clusters.  Consideration is also to be given to whether
the site is within an area not exceeding 2km around cities, towns and villages where
further protection is required.  In this case the nearest settlements of Wiston and
Rigside are more than 2km from the site. 
10.6. Together NPF4 Policy 11 and SLLDP2 Policy 18 and the associated Supporting
Planning Guidance (SPG) set out the criteria that are required to be addressed when
determining applications of this scale and nature.  A summary of the assessment of
the proposals against these points is now set out. 
10.7. Landscape and visual impacts including landscape capacity and cumulative
developments
The proposed development would be in an upland area east of the M74 motorway,
between two river valleys and close to the prominent Tinto and Dungavel Hills.  It lies
in the Plateau Moorland – Glasgow and Clyde Valley Landscape Character Type
(LCT) and south of the Broad Valley Upland LCT of the Douglas Water.  In addition,
the site itself is not designated but lies just west of the Upper Clyde Valley and Tinto
Special Landscape Area (SLA) and close to the distinctive Rounded Landmark Hills
LCT of Tinto and Dungavel.  The special qualities of the SLA include the meandering
River Clyde set in a broad valley enclosed by the Southern Uplands and Tinto Hill
which in turn attracts frequent visitors to the area due to the major transport routes
passing through and popular hillwalking destinations including Tinto Hill.  Several other
operational wind farm groupings lie within the wider area.  The closest to the site are
the Hagshaw Hill group 6km to the west beyond the M74 and the Andershaw/
Middlemuir group to the southwest.  The Clyde group lies across the Clyde Valley to
the southeast.  Further wind farms in these groupings include that at Broken Cross to
the northwest.  There are no significant operational or consented wind farms close to
the site, and the area around the Clyde Valley, Tinto and Pentland Hills to the northeast
has no wind farms. 
10.8. The main landscape and visual effects of the proposed development relate to the site
and its close surroundings including the LCTs and SLAs described above.  These
include significant primary effects of the windfarm itself and the cumulative effects with
operational and consented wind farms, particularly the groupings described above. 
The proposals would lie in the visible gap between the groupings when seen from
Tinto Hill although, due to its limited extent and degree of separation from them, would
not cause obvious visual coalescence.  The Council’s wind energy guidance,
landscape character assessment and landscape designations study all highlight the
sensitivities associated with this location.  It indicates that there is no scope in the area
for large scale wind turbines if a strategic gap is to be maintained between extensive
areas of cumulative wind energy development to the north, west and south as well as
protecting the scenic qualities of the Upper Clyde Valley and views from Tinto Hill. 
10.9. The 2016 South Lanarkshire Landscape Capacity Study for Wind Energy provides the
main reference for strategic locational and cumulative issues, with further updated
guidance relating specifically to tall turbines (120m – 250m) in the 2019 addendum
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Tall Wind Turbines: Landscape Capacity, Siting and Design Guidance.  The guidance
indicates a Medium/High sensitivity with no underlying or remaining capacity for large
scale wind energy development.  This relates partly to its position between (and
including parts of) two locally designated landscapes (Upper Clyde Valley and Tinto
SLA to the east and north; Douglas Valley SLA to the west) and being an undeveloped
area separating three areas of significant cumulative wind energy development.  The
associated SPG identifies the site as being in a broad area which currently prevents
coalescence between existing windfarm clusters.   
10.10. The capacity study also highlights the importance of the strategic gap formed by the
scenic Southern Upland Foothills and Pentland Hills Area lying between the clusters
of wind energy development.  Further guidance is provided by two other Council
studies covering landscape character and local landscape designations.  The
landscape character assessment notes the sensitivities and forces for change
associated with each LCT and provides planning and management guidelines
intended to conserve their characteristics.  For the Foothills, the sensitivities noted
include the limited scale of this LCT compared with neighbouring upland types and the
potential for wind energy sited in the LCT to affect sensitive neighbouring LCTs
including in the Clyde Valley and Tinto Hill.  Guidelines for Broad Valley Upland LCT
emphasise the potential for skyline and cumulative effects of wind energy
developments in neighbouring LCTs.  The guidance in relation to the Prominent
Isolated Foothills LCT notes their prominence in views, open character, and their
distinctive summits and skylines would be extensively affected by wind energy. 
10.11. In their consultation response Nature Scot have advised that the application site is
located adjacent to the Upper Clyde Valley and Tinto SLA and close to Tinto and
Dungavel Hills which are prominent landmarks.  The landscape is distinctive in nature
and would be sensitive to the change proposed.  The proposals would affect the
appreciation of the scenic qualities of this SLA especially by walkers on Tinto Hill.  The
proposals would also have significant adverse impacts on the character of the host
LCTs and affect the wider character of the Broad Valley Upland and Rounded
Landmark Hills LCTs.  It is agreed that the landscape and visual effects of the
proposed development would exacerbate some of the issues associated with
significant development in these areas.  These include the significant effects on the
special landscape qualities of the western edge of the Upper Clyde Valley and Tinto
SLA and the significant visual effects on viewpoints and visual receptors on Tinto and
Dungavel Hills and the surrounding area. 
10.12. Policy 11 states that significant landscape and visual impacts are to be expected from
some forms of renewable energy.  Where these impacts are localised they are
considered generally acceptable.  However, each case has to be considered on its
own merits and in this case the landscape in which the windfarm would sit is highly
sensitive to the proposed development both in terms of the effects of the windfarm in
its own right due to the significant adverse effects on the special landscape character
of the locality and surrounding area; and the cumulative impact with other operational
and consented windfarms as, if built, the turbines would result in the loss of a strategic
gap between extensive areas of existing development. 
10.13. Impacts on communities and individual dwellings, including visual impact, residential
amenity, noise and shadow flicker
The proposed development is in a rural location with scattered small settlements and
residential dwellings.  An assessment of the impact on residential amenity has been
carried out for 10 properties within 2km of the site.  It concludes that while there would
be the potential for significant visual effects at some of these, it is concluded that none
of these would be subject to significant effects on residential amenity.  This is largely
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due to the distance from settlements and the intervening topography and orientation
of individual houses.  A review of this assessment concludes that it is accurate. 
Similarly, Environmental Services have confirmed that there would be no adverse
impact in terms of noise and shadow flicker.  In addition, the nearest settlements of
Wiston and Rigside are more than 2km from the site.  It is concluded there would not
be a significant adverse effect on residential amenity. 
10.14. Effect on the natural heritage and protected species 
Nature Scot advised in their consultation response that while there are natural heritage
designations of national importance close to the site (Tinto Hill Site of Special Scientific
Interest (SSSI) and North Lowther Uplands Special Protection Area (SPA)) they will
not be affected by the proposals.  They are also satisfied that the habitat survey work
and assessment of the proposals on protected species is appropriate and accurate
and there would be no adverse impact subject to mitigation measures that are
recommenced. 
10.15. Impacts on the historic environment 
WOSAS advised in their consultation response that the proposed turbines would have
a significant adverse impact on the setting of the cairn at Ewe Hill.  They would also
appear in the line of sight from Ewe Hill to other cairns in the vicinity some of which
are scheduled monuments.  Although the effect on the setting of these features is
moderate they do have a value as a group.  However, the impacts are not considered
to be so adverse that they merit refusal of the applications on these grounds.  There
are also 13 heritage features within the site that could be impacted by construction,
however, this impact could be addressed by conditions requiring further survey work
and micro siting if consent were granted. 
10.16. Impacts on tourism and recreation 
The surrounding area is used extensively for recreation purposes, notably walkers
using Tinto Hill and to a lesser extent Dungavel Hill.  In addition, the National Cycle
Route 74 follows the B7078 and there are a number of core paths within the vicinity. 
Overall the users of these features would likely experience significant visual effects as
a result of the windfarm. 
10.17. Impacts on aviation and defence interests including seismology recording 
Both NATS and Edinburgh Airport originally objected to the application due to
safeguarding concerns.  However, following discussion with the applicants, NATS
subsequently advised that an agreement had been concluded with the applicants to
ensure the design and implementation of a mitigation solution.   
The Ministry of Defence also object on the grounds of the impact on aircraft within
what is a tactical training area.  This matter has not been addressed by the applicants. 
In addition, the site is within the statutory consultation zone of the Eskdalemuir
Seismological recording station.  The turbines would generate seismic noise that
would interfere with the operational activity at the facility.  There is currently no noise
budget to accommodate these turbines. 
10.18. Impact on road traffic 
Roads, Transportation and Fleet Services in their consultation responses recommend
deferral of the application for the submission of further information to allow a full
consideration of the impact of the proposals on the road network, including bridges
and other structures, and ensure that appropriate sightlines can be achieved over land
within the control of the applicant.  
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10.19. Conclusion
In conclusion, NPF4 Policy 1 directs decision makers to give significant weight to the
global emergency crisis.   Furthermore, Policy 11 states that proposals for renewable
energy that contribute to renewable energy generation targets should be supported. 
However, this is not committed to introduce a blanket approach of granting planning
permission for all renewable energy proposals but rather they should be directed to
the right locations based on their scale and impact.  Developers are required through
their submissions to show how a range of criteria set out in policy 11 have been
addressed through a project design and mitigation process. 
10.20. In this case the assessment of the proposals has raised concerns in relation to the
significant adverse effect on the landscape character and scenic qualities of the area
in which the windfarm would be located.  This in turn would impact on the enjoyment
of the area for recreation.  In addition, the proposals would have an adverse cumulative
impact with other windfarm development as it would reduce the strategic gap between
this proposal and other consented and operational turbines.  Indeed, the Council’s
SPG on Renewable Energy identifies the site as being in a broad area which currently
prevents coalescence between existing windfarm clusters.  Finally, the applicant has
failed to address the concerns raised by the Ministry of Defence in relation to the effect
on their low flying training area and the Eskdalemuir Seismology Recording station. 
As a result, it is concluded that the proposals do not accord with the Development Plan
and therefore it is recommended that the application be refused.   
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse for the following reasons:- 
01. The proposed development fails to accord with Policy 11 – Energy of National
Planning Framework 4 in that:-    
a) The proposed windfarm would have a significant adverse impact on the landscape
character and scenic qualities of the immediate area in which it would be located
and on the wider landscape setting. 
b) The proposals would reduce the strategic gap between the application site and
other consented and operational turbines and therefore would result in an adverse
cumulative impact with other windfarm development in the surrounding area.
c) The proposals would have an adverse impact on the operational needs of the
Ministry of Defence in terms of their low flying training area which includes the
application site; and seismic noise that would be generated by the proposed
turbines which would interfere with the operational activity at the Eskdalemuir
Seismology Recording Station. 
02. The proposed development fails to accord with Policy 18 – Renewable Energy of the
adopted South Lanarkshire Local Development Plan 2 and the Council’s associated
Supporting Planning Guidance on Renewable Energy in that:-  
a) The proposed windfarm would have a significant adverse visual impact on the area
due to the limited capacity and sensitivity to change of the landscape character
type in which it would be located to accommodate additional turbines. 
b) The application site is within an area which has been identified to prevent
coalescence between existing windfarm clusters and the proposals would result in
the development of a strategic gap which, in turn would lead to an increase in the
cumulative effects of windfarm development within the surrounding area, to the
detriment of its high landscape and visual quality.  
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c) The proposals would have a detrimental impact on the scenic qualities of the
immediate area in which it would be located and on the visual amenity of visitors
to recreational facilities in the area proposals.
d) The proposals would have an adverse impact on the operational needs of the
Ministry of Defence in terms of their low flying training area which includes the
application site; and seismic noise that would be generated by the proposed
turbines which would interfere with the operational activity at the Eskdalemuir
Seismology Recording Station. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date:  19 August 2024 
Background Papers
Further information relating to the application can be found online:- 
P/22/0881 | Erection of 6 No. wind turbines with a maximum height to tip of 149m and associated
infrastructure | Land 1km West Of Littlegalla Farm Wiston Biggar (southlanarkshire.gov.uk)00 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0973 
Proposal:  Partial demolition of stable block, erection of one dwellinghouse,
conversion of remaining stable block into the structure of the proposed
new dwelling along with associated vehicular access, parking and
landscaping
Site Address:  Land Next to Millhill
Tarbrax
Lanark
ML11 8LW 
Applicant:  Mr David Bertram
Agent:  David Graham
Ward:  02 Clydesdale North
Application Type:  Detailed Planning Permission
Advert Type:  Non-notification of neighbours: Lanark Gazette 20 July 2022
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
6
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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 relates to a vacant stable building (L-shaped, built of brick and
concrete tiles) and associated paddock, accessed by an existing track via a minor
public road southwest of Auchengray. The site falls within the confines of a small group
of dwellings. 
2.2. The site is bounded to the north and south by dwellings and to the east and west by
agricultural land. The southwest corner adjoins the Dippool Water. 
3. Description of Proposed Development
3.1. Planning permission is sought for the creation of a single dwellinghouse and
associated works.  The proposal involves the retention and partial demolition of the L-
shape stable block which will also be extended and converted to form a new one and
half storey house containing four bedrooms. Externally the elevations will be finished
in render. 
3.2. Landscaping will include a shelter belt along the northern boundary and a hedgerow
along the front western boundary. As well as a separate driveway to the house further
along the track to the north, a turning space will be formed for service vehicles.
Sewerage disposal will be dealt with by septic tank with discharge to the nearby burn. 
3.3. Originally the application sought to demolish the stables and construct three detached
dwellings.  However, following discussions, amended proposals were submitted and
the application revised. 
4. Relevant Planning History
4.1. Planning Permission CL/02/0681 for conversion and extension of stable block to form
dwellinghouse, refused February 2003. 
5. Supporting Information 
5.1. In support of the planning application, the applicant has submitted:-
⧫ Response to NPF4
⧫ Response to Objections
⧫ Clarification on site sections
⧫ Bat Survey 
6. Consultations
6.1. Roads Development Management Team - No objection subject to conditions covering
surfacing, drainage and intervisibility. 
Response: Revised plans have been submitted demonstrating the required
intervisibility. Suitable conditions would be attached to any consent issued in order to
address these matters.   
6.2. Scottish Water - There is sufficient capacity at the Coulter Water Treatment Works.
There is no public sewer within the vicinity therefore the applicant should investigate
options for a private treatment system. 
Response: Sewerage disposal will be dealt with by a private septic tank soakaway. As
advised in the consultation response there is no public sewer in the vicinity to connect
into.  
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6.3. West of Scotland Archaeology Service – No substantive archaeological issues are
raised therefore further archaeological investigations are not required. 
Response: Noted. 
7. Representations
7.1. Following the statutory periods of neighbour notification and advertisement for non-
notification of neighbours in the local press, a total of 20 representations were received
(16 objections and 4 support). There have been two series of neighbour notifications
issued with the initial one relating to the original proposal for three dwellings which
attracted 10 letters of objection and 4 support. Neighbour notification was undertaken
again for the revised proposal for one dwelling and partial conversion of the stables,
and this attracted 6 new objections principally from individuals who had objected
following the first notification and mostly repeating the same points of concern. The
issues raised are summarised as follows:- 
Objections:- 
Amenity
⧫ Increase in noise levels.
⧫ Overshadowing and loss of light.
⧫ Properties in the area are single storey.
⧫ Disturbance from traffic.
⧫ The proposed house would occupy an elevated position and overlook existing
properties.
⧫ Light pollution.
⧫ The proposal does not relate to existing properties in terms of scale, design,
or siting.
⧫ The development would extend into previously undeveloped land. 
Natural Environment
⧫ Impact on wildlife.
⧫ There is a large pond nearby which contains newts. They are protected under
the Wildlife and Countryside Act 1981 – the newts move away from their
breeding pond in search of resting and sheltering areas which it is believed is
in the area.
⧫ There are bats and hedgehogs in the area. 
Roads Related Matters
⧫ Increase in traffic.
⧫ Proposed access road is very narrow and unsuitable for larger vehicles.
⧫ Service vehicles cannot exit site in forward gear.
⧫ The road is in a bad state of repair and not maintained by the owner.
⧫ Parking issues along the road if the horses are moved to the field on the
opposite side. 
Other Matters Raised
⧫ A neighbouring property was not neighbour notified.
⧫ Application encroaches onto land outwith the applicant’s control.
⧫ Impact of soakaways on surrounding fields and burn.
⧫ Associated fumes and dust from increased vehicle use.
⧫ Plans do not accurately represent the proposal in relation to nearby properties.  
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7.2. Other non-material planning comments were included in representations.  These
points relate to:- 
⧫ There are local plots in the area which have remained unsold for many years,
this proposal is not essential or needed. 
7.3. Support:- 
Natural Environment
⧫ The stables have been used for horses without any sightings of hedgehogs or
bats.
⧫ There are no wild cats in the area. 
⧫ A hedgehog highway could be installed under the road. 
Other Matters Raised
⧫ Where a house has several bedrooms, it does not automatically mean that
there will be multiple occupancy and associated car ownership issues. 
⧫ Additional housing would reinforce the need for existing school and community
requirements and help keep local services in the community. 
7.4. The above issues are considered in the assessment below. These letters have been
copied and are available for inspection in the usual manner and 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 (2021) and National Planning
Framework 4. 
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 
 Policy 14 - Design, quality and place
 Policy 15 - Local living and 20 minute neighbourhoods
 Policy 16 - Quality homes
 Policy 17 - Rural homes 
8.3. South Lanarkshire Local Development Plan 2 (2021)
The South Lanarkshire Local Development Plan 2 (SLLDP2) was formally adopted on
9 April 2021.  For the purposes of determining planning applications the Council will,
therefore, 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:-  
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SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area 
 Policy 5 - Development Management and Placemaking 
SLLDP2 Volume 2 Policies
 Policy GBRA1 - Rural Design and Development
 Policy GBRA4 - Conversion and Re-use of Existing Buildings
 Policy GBRA5 - Redevelopment of Previously Developed Land Containing
Buildings 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Detailed planning permission is sought for the partial demolition and conversion of a
stable block to form a dwellinghouse and associated works.  The determining issues
in the consideration of this application are its compliance with the National Planning
Framework 4 (NPF4) and the adopted South Lanarkshire Local Development Plan 2
(SLLDP2). 
10.2. Principle of Development
NPF4 Policy 17 Rural homes advises that development proposals for new homes in
rural areas will be supported where the development is suitably scaled, sited and
designed to be in keeping with the character of the area and the development can
meet one of the following criteria:- 
 The site is allocated for housing in the Local Plan; 
 Reuses a redundant or unused building; 
 Supports a viable rural business;
 Is for a retired farmer; 
 Reuses brownfield land where a return to a natural state has not or will not
happen without intervention; or
 Is for a one to one replacement of an existing house. 
10.3. The site comprises vacant stables and associated paddock. The proposal involves
conversion and extension of the existing stable building into a dwelling. The proposed
design is appropriate to its setting and reuses a redundant building, therefore the terms
of Policy 17 can be met. 
10.4. NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the
delivery of high quality homes, in the right locations. It advises that development
proposals for new homes on land not allocated for housing in the LDP will only be
supported in limited circumstances and in rural locations the proposal must be
consistent with policy on rural homes. In this case the proposal complies with relevant
policies on rural homes and therefore accords with NPF4 Policy 16. 
10.5. Policy 4 ‘Green Belt and Rural Area’ of the adopted South Lanarkshire Local
Development Plan 2 specifies that within the Rural Area the aim is to protect the
amenity of the countryside while at the same time, supporting small scale development
in the right places that are appropriate in land use terms and are of a high
environmental quality that will support the needs of communities. Generally, it is
expected that houses will be accommodated within identified settlements other than in
particular circumstances, including where a proposal is for limited development within
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clearly identifiable gap sites and existing building groups, conversion of buildings and
redevelopment of previously developed land containing buildings. 
10.6. GBRA4 Conversion and Re-use of Existing Buildings lists a range of criteria which are
relevant to the proposal and generally seeks to ensure that buildings are appropriate
for conversion and that a suitable and sympathetic design is proposed. 
10.7. SLLDP2 Policy GBRA5 ‘Redevelopment of Previously Developed Land Containing
Buildings’ outlines a number of criteria relevant to redevelopment proposals which
include the location of the development, whether the site has previously been
developed, appearance/condition of property and visual impacts. 
10.8. The stables are of a style and construction typical in the rural area and although not
of historic merit, the partial retention and re-use can be supported in the context of the
development as the retained component alongside the new extension will result in a
proportionate design sensitive to its rural setting. Other than a render application, the
walls and roof shape of the retained section will not be altered, nor the height raised.
Although a structural survey has not been submitted, outwardly the building appears
to be structurally sound. The rear elevation of the new build will sit on the line of the
rear elevation of the demolished section of the stables and although extending beyond
the original footprint, this will not be to a significant extent nor will it affect landscape
features or the rural character of the area. Therefore, the proposal complies with
SLLDP2 Policies 4, GBRA4 and GBRA5. 
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.  
10.10. There is no evidence that the site is affected by flooding. Tree and hedgerow planting
is proposed along the front and northern boundaries. Conditions can be attached to
any consent requiring the submission and approval of details for low carbon
technology and the installation of electric vehicle charging points. Re-use of previously
developed land and conversion of the retained section of the building ties in with the
principle of sustainability.  Overall, the proposal would not have compromised the
objectives of NPF4 Policies 1 and Policy 2 and SLLDP2 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 design of the new dwelling reflects traditional architecture with rectangular
footprint, steep pitched roof, pitched roofed dormer, front porch and elevations finished
in render. Being at a lower level, the retained and converted retained section will
integrate sensitively with the rest of the building. The surrounding neighbouring
bungalows are suburban in appearance and of no merit and rather than detract from
the local character, as some objectors suggest, this development will add to interest
and variation and is more in keeping with Rural Design Guidance. Although one and
half storey in height, it is not significantly higher than existing, neighbouring single
storey dwellings and there are other one and half storey buildings nearby in the locality.
The proposal is reflective of the pattern of isolated farm steadings and building groups
in the area. Site sections demonstrate that the level differences between the existing
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dwellings to the north and the proposed development are not significant. Whilst these
sections accurately depicted the situation on the ground there was an error in
annotations. This error has been noted and corrected. 
10.13. In considering distance from and orientation to adjacent properties, the proposed
dwelling will not impact upon existing dwellings in terms of privacy, overshadowing or
loss of sunlight. The level of light emission will be similar to that emitted from existing
properties and is not considered a significant issue. Extensive garden space would be
available for domestic amenity purposes. The development does not affect features of
importance to landscape character. No important heritage features will be lost, and the
proposal will not have a significant impact upon protected habitats or species.
Likewise, there are no infrastructure constraints. 
10.14. Roads, Transportation and Fleet Services have not raised any traffic or public safety
issues in their consultation response and adequate parking and access can be
provided. A turning space will allow service vehicles to enter and leave the access
road in forward gear. Sewerage disposal will be dealt with by septic tank with outfall to
the Dippool Burn – this will require separate licence approval from SEPA. The
surrounding countryside is a factor conducive to quality and healthy living. Passive
surveillance from neighbouring houses creates a safe environment by discouraging
threatening and unlawful behaviour. The proposal is therefore satisfactory in terms of
NFP4 Policy 14 and SLLDP2 Policies 5 and GBRA1. 
10.15. Natural and Historic Environment
NPF4 Policy 3 Biodiversity under part (c) details that all local developments shall
include appropriate measures to conserve, restore and enhance biodiversity.  The
Development 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. 
10.16. A bat survey of the stables has concluded that no bat roosts were identified within the
structure of the building.  The development will not affect any trees or woodland with
bat roost potential.  Hedgehogs are not protected and being nocturnal, would only be
likely to cross the access road at night time when traffic generated by one additional
house would be infrequent and traffic speeds low.  National Biological Recording data
revealed no records of Great Crested newts or any other newts anywhere near the
vicinity of the application site. 
10.17. The northern site boundary is to be defined by new tree planting and the eastern
boundary by a native species hedgerow. As the site predominantly comprises
managed agricultural grassland the proposal will not have a significant impact upon
landscape features, protected habitats, or species. Therefore, the proposal accords
with NPF4 Policy 3. 
10.18. Other Matters 
There were other matters raised by objectors including non-notification of a neighbour.
One neighbour appeared not to have been notified.  This was rectified and the
requisite neighbour notification was re-issued. The applicant submitted a copy of title
deeds demonstrating that the land within the application site boundary falls within their
control. 
10.19. Conclusion 
The proposal is a well thought through design converting part of the existing stables
and utilising previously developed land to create a contemporary rural dwelling. Re-
use of buildings and brownfield land ties in with the principles of sustainability set out
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in NPF4 and the new development will fit into its setting without adverse impact upon
the amenity of neighbouring properties. Access improvement will ensure that road and
public safety will not be compromised. Biodiversity will be enhanced by tree and
hedgerow planting. In view of the above assessment and considering NPF4 and Local
Plan policies and supporting information, the proposal represents an appropriate form
of residential development for the application site and neighbouring vicinity. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant subject to the following conditions:- 
01.  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.   
02.  That before development starts, full details of the design and location of all
fences and walls, including any retaining walls, to be erected on the site shall
be submitted to and approved by the Council as Planning Authority.     
Reason: To ensure the development is satisfactory in appearance and to
maintain the visual quality of the area. 
03.  Prior to the commencement of development on site full details of the tree
planting scheme, shown on the Proposed Site Layout, shall be submitted to
and approved in writing by the Council as Planning Authority. This will include
planting and maintenance specifications, including cross-section drawings, use
of guards or other protective measures and confirmation of location, species
and sizes, nursery stock type, supplier and defect period. All tree planting shall
be carried out in accordance with those details and at those times.   
Reason:  To enhance the natural heritage of the area. 
04.  That the approved tree planting shall be completed to the satisfaction of the
Council as Planning Authority during the first available planting season
following commencement of work on the dwelling hereby approved.   
Reason: In the interests of the visual amenity of the area. 
05.  That before the dwellinghouse hereby approved is occupied, a drainage system
capable of preventing any flow of water from the site onto the public road or into
the site from surrounding land shall be provided.       
Reason: To ensure the provision of a satisfactory drainage system. 
06.  That before the development hereby approved is completed or brought into use,
3 no. parking spaces (3.0m x 6.0m modules) shall be laid out, constructed and
available for use.       
Reason: To ensure the provision of adequate parking facilities within the site.  
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07.  That before the development hereby approved is completed or brought into use,
a turning space shall be provided within the site to enable vehicles to enter and
leave the application site in forward gears at all times.     
Reason: In the interests of traffic and public safety. 
08.  That before the development hereby approved is completed or brought into use,
the first 4 metres of the access from the edge of the public road shall be hard
surfaced, trapped and sealed across its full width to prevent deleterious material
being carried onto the road and the  boundary with the public adopted road shall
be identified by flush kerbs.   
Reason: To prevent deleterious material being carried onto the road. 
09. Vehicle intervisibility between points A and B and B and C, as annotated on the
location plan, shall be maintained at all times.     
Reason: In the interests of traffic and public safety. 
10.  That prior to the commencement of works, the detail and location of charging
point(s) for electrical cars, shall be submitted for the written approval of the
Council as Planning Authority.  Prior to the completion of the development the
approved charging point(s) 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. 
12. Reason for Decision
12.1. The proposal accords with Policies 1, 2, 3, 9, 14, 16 and 17 of National Planning
Framework 4 (NPF4) and Policies 2, 4, 5, GBRA1, GBRA4 and GBRA5 of the adopted
South Lanarkshire Local Plan2. The proposal will have no adverse impact on the
residential or visual amenity of the area and raises no road safety concerns. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
P/22/0973 | Partial demolition of stable block, erection of one dwellinghouse, conversion of
remaining stable block into the structure of the proposed new dwelling along with associated
vehicular access, parking and landscaping. | Land Next To Millhill Tarbrax Lanark ML11 8LW 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/0293
Proposal:  Erection of 224 dwellings with associated infrastructure and
landscaping 
Site Address:  Land 350m Southeast of Wellburn Farm
Strathaven Road
Lesmahagow 
Applicant:  Mr George Lammie and Persimmon Homes
Agent:  Persimmon Homes
Ward:  04 Clydesdale South
Application Type:  Full Planning Permission
Advert Type:  Non-notification of neighbours: Lanark Gazette 29 March 2023
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant (Subject to conditions and the conclusion of a Section 75 legal
agreement) 
Legal Agreement:  Yes
Direction to
Scottish Ministers 
Not required 
7
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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: The Planning Committee deals with all
national and major planning applications as set out in the planning legislation,
including detailed planning applications for housing proposals comprising 50 or more
units. 
2. Site Description
2.1. The application site relates to land located on the north-western edge of the settlement
of Lesmahagow.  The site extends to approximately 11.3 hectares and is located within
the settlement boundary as identified in the Adopted South Lanarkshire Local
Development Plan 2 (SLLDP2).   
2.2. The site slopes down from north to south and to the west are fields associated with
Wellburn Farm, to the east is a supermarket and industrial estate, and to the south are
residential properties on Strathaven Road and Gilchrist Loan.  The site is bounded to
the north-east by the slip road leading onto the M74 motorway, and to the north by the
M74 motorway itself.  Both the motorway and slip road sit at an elevated position to
the application site.   
3. Description of Proposed Development
3.1. Detailed planning permission is sought for the erection of 224 dwellings with
associated infrastructure and landscaping.  The development would comprise of a mix
of detached, semi-detached and terraced properties across 19 house types, with a
variety of modern materials proposed.  Access into the site would be formed via the
introduction of a new roundabout from Strathaven Road. 
3.2. The proposal includes footpath routes throughout, open space and a children’s play
area.  The applicant proposes a footway link from the site into the Tesco car park
between two plots.  In addition, a further footpath link could be formed at the north-
east corner of the site linking into an existing access adjacent to the supermarket car
park.  Landscaping is proposed throughout the site with a buffer strip along the eastern
elevation.  The proposal includes noise attenuation barriers to the north of the site, as
well as various fencing around other boundaries. 
4. Relevant Planning History
4.1. In 2014, the Planning Committee granted detailed planning permission (subject to a
Section 75 Legal Agreement) for 73no. dwellings on part of this site under application
CL/13/0405.  This agreement was never concluded.  A Permission in Principle (PiP)
application CL/13/0403 was also submitted in 2014 for a mixed-use development
comprising live/work units and residential dwellings on part of this site though this was
subsequently withdrawn by the applicant.   
4.2. A Proposal of Application Notice (PAN) (P/22/0008/PAN) for a residential development
at the site was submitted in September 2022 along with appropriate consultation, prior
to the submission of the current application.  An EIA Screening Opinion Request was
also submitted at the same time under application P/22/1615.  This concluded that an
EIA was not required.   
5. Supporting Information 
The following information was submitted by the applicant in support of the application:- 
5.1. Design and Access Statement – this outlines the site context, constraints, layout,
design, access and materials of the development.    
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5.2. Supporting Statement - this includes an overview of the site and provides the
applicants’ policy assessment of the proposal against National Planning Framework 4
and South Lanarkshire Local Development Plan 2.   
5.3. Ecology Report – this presents the findings of an ecological appraisal carried out at
the site.   
5.4. Energy Statement - this presents the applicants’ energy efficiency strategy to be
incorporated into the site. 
5.5. Flood Risk Assessment - reports on any existing flooding issues at the site and
considers mitigation measures.   
5.6. Noise Impact Assessment - this presents the findings of the impact of road traffic noise
on the proposed development, as well as impacts from adjacent industrial/commercial
units.   
5.7. Site Investigation Report – this presents the findings of an appraisal on the ground
conditions at the site and to determine what impact these may have on the proposed
residential land use for the site. 
5.8. Tree Survey Report – provides an arboricultural survey of the site in relation to tree
conditions and suitability for retention. 
5.9. Air Quality Assessment – assesses any impact the proposed development may have
on air quality within the area.   
5.10. Transport Assessment – reports current transport observations and assessment of
how the proposed development may integrate with the surrounding area and any
impacts on the local transport network as a result.   
5.11. Pre-application Consultation Report – summary of the community consultation
process carried out as part of the PAN prior to submission of the application.   
6. Consultations
6.1. Environmental Services – no objections to the proposal subject to the attachment of
various conditions in relation to noise and mitigation. 
Response: Noted. 
6.2. Roads Development Management – no objections to the proposal subject to the
attachment of conditions including parking/driveway standards, gradients, drainage
and management of construction traffic.   
Response: Noted. 
6.3. Roads Flood Risk Management – noted that appropriate information has been
submitted and have no objections.   
Response: Noted.   
6.4. Scottish Water - no objections to the proposal. 
Response: Noted.   
6.5. SEPA - no comments.   
Response:  Noted.    
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6.6. SP Energy Networks - no objections to the proposal. 
Response: Noted.   
6.7. Transport Scotland - no objections to the proposal subject to the attachment of
conditions in relation to provision of lighting details and drainage. 
Response: Noted.   
6.8. West of Scotland Archaeology Service (WOSAS) - no objections subject to the
attachment of a condition requiring the implementation of a programme of
archaeological works. 
Response: Noted.   
6.9 Lesmahagow Community Council – make comment on matters such as impact on
local services, infrastructure and developer’s contributions. 
Response: Noted. These matters have been addressed in the body of the report. 
7. Representations
7.1. Following the statutory period of neighbour notification which was carried out twice to
reflect changes to the layout and advertisement, a total of 55 representations have
been received (50 objections, 3 support and 2 comments).  The issues raised in the
objections are summarised as follows:- 
 Road/pedestrian safety
 Increased traffic
 Insufficient existing infrastructure 
 Overlooking/loss of privacy
 Damage to private property/loss of value
 Disturbance to residents during construction/duration of development
 Dust, pollution and odours
 No amenities provided and pressure on existing amenities already at capacity
 Insufficient transport links
 Insufficient demand 
 Overdevelopment of site
 Drainage/waste
 Contrary to the development plan
 Loss of Green Belt/wildlife habitats
 Compliance with National Planning Framework 4 
The above issues will be considered in the assessment below and full copies are
available to view on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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.  
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National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 – Biodiversity
 Policy 6 – Forestry, woodland and trees
 Policy 13 – Sustainable transport
 Policy 14 - Design, quality and place
 Policy 15 - Local living and 20-minute neighbourhoods
 Policy 16 – Quality homes
 Policy 18 – Infrastructure first
 Policy 22 - Flood risk and water management 
8.3. South Lanarkshire Local Development Plan 2 (2021)
For the purposes of determining planning applications the Council will 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 1 - Spatial Strategy 
 Policy 2 - Climate Change 
 Policy 3 - General Urban Areas and Settlements 
 Policy 5 - Development Management and Placemaking 
 Policy 7 – Community Infrastructure
 Policy 11 - Housing 
 Policy 12 - Affordable Housing 
 Policy 13 – Green Network and Greenspace
 Policy 15 - Travel and Transport 
 Policy 16 - Water Environment and Flooding 
SLLDP2 Volume 2 Policies
 Policy SDCC2 - Flood risk 
 Policy SDCC3 - Sustainable Drainage Systems 
 Policy SDCC4 – Sustainable Transport
 Policy DM1 - New Development Design 
 Policy NHE13 - Forestry and Woodland 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Principle of Development
The site is located within the settlement boundary and on land allocated as a housing
site under SLLDP2, therefore, residential development at the site is acceptable subject
to assessment against other relevant policies and material considerations. 
10.2. Climate Change
NFP4 Policy 1 - Tackling the Climate and Nature Crises and NPF4 Policy 2 - Climate
Mitigation and Adaptation aim to ensure that proposals for new development must,
where possible, seek to minimise and mitigate against the effects of climate change. 
The proposed residential development is located within the settlement boundary within
a reasonable distance of existing health, community and retail facilities in
Lesmahagow.  The site is located adjacent to the M74 thereby providing links to
Glasgow, and also near a bus route.  The proposed dwellings incorporate measures
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to improve the sustainability of the development and mitigate against climate change
including additional loft insulation, solar PV, air source heat pumps, triple glazing and
the provision of mechanical ventilation with heat recovery systems, to minimise
household energy costs.  Electric vehicle charging will also be incorporated within the
development scheme.  It is therefore considered that the proposal is consistent with
Policy 1 and Policy 2 of NPF4.  In addition, this is also in accordance with Policy 2 -
Climate Change of SLLDP2 which aims to ensure that new developments minimise
and mitigate against climate change and the generation of greenhouse gases. 
10.3. Biodiversity and Trees
NPF4 Policy 3 – Biodiversity, aims to protect and reverse biodiversity loss, deliver
positive effects from development and strengthen nature networks.  In this case, the
proposal is to develop agricultural land currently used for grazing. 
The proposal incorporates a biodiversity corridor including the planting of native
species and the introduction of log piles, hedgehog houses and associated
landscaping, including landscape buffers.  Impact on wildlife and loss of Green Belt
have been raised in objection to the proposal.  Whilst the site is agricultural in nature,
it is designated for housing under SLLDP2 as noted above.  The applicant has
provided an ecological survey which advises the proposal would have no likely impacts
on European Protected Species.  The survey also includes a number of
recommendations.  Given this, the proposal is considered to be compliant with the
requirements of Policy 3 of NPF4.   
NPF4 Policy 6 - Forestry, woodland and trees advises proposals that enhance, expand
and improve woodland and tree cover will be supported and those that result in the
loss of ancient woodlands, native woodlands, hedgerows and individual trees of high
biodiversity value will not be supported.  Similarly, Policy NHE13 - Forestry and
Woodland of SLLDP2 seeks to protect and enhance ancient woodland, other
woodlands, hedgerows, and individual trees.  A tree survey has been submitted
detailing the condition of the hedging and the small number of trees on the site.  Whilst
the trees will be removed, the hedgerows along the northern and western boundaries
will be retained with additional hedgerow planting, and the landscaping strategy
incorporates further tree planting across the site.  The provision of insufficient
landscaping has been raised through objection.  Should permission be granted, a
condition would be attached for a detailed landscaping scheme to be submitted and
approved.  The proposal is therefore consistent with Policy 6 of NPF4 and Policy
NHE13 of SLLDP2.   
10.4. Layout, Siting and Design
NPF4 Policy 14 - Design, Quality and Place aims to encourage, promote and facilitate
well designed development that makes successful places by taking a design-led
approach and applying the Place Principle.  It sets out six qualities of successful
places.  Policy 5 – Development Management and Placemaking of SLLDP2 advises
that to ensure development takes account of the principles of sustainable
development, all proposals require to be well designed and integrated with the local
area.  Proposals should have no significant adverse impacts on the local community
and the environment.  Where appropriate, proposals should include measures to
enhance the environment.  Policy DM1 – New Development Design of SLLDP2 also
requires development to promote quality and sustainability in design and layout.   
The proposal is for 224 dwellings which includes a variety of house types finished in
modern materials.  Objections received consider the number of dwellings proposed to
be over development of the site.  Having considered the proposal in respect of the
Council’s Residential Design Guide (2011), the layout, design and materials comply
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with the general requirements, therefore whilst a sizeable site, it is considered to be
acceptable.  Each property has a suitable provision of garden ground, there is a mix
of house types and there is a significant level of open space provision – both formal
and informal. 
Further objections received raise loss of privacy, view and overlooking of adjacent
properties as concerns in respect of the proposal.  The site is set lower than the
adjacent properties and would incorporate appropriate screening.  It is not
considered there would be a significant adverse impact on adjacent properties.  In
addition, concerns have been raised in relation to noise and disturbance during
construction.  Whilst it is accepted there would be a level of disturbance during the
construction period, this in itself is not sufficient justification for refusal of a planning
application.  The proposal is therefore considered to comply with Policies 5 and DM1
of SLLDP2.   
NPF4 Policy 15 - Local Living and 20 Minute Neighbourhoods seeks to create
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 options.  The proposed residential
development is located within a reasonable distance of existing health, community and
retail facilities in Lesmahagow, close to a major transport link and next to a bus route. 
The proposal is therefore considered to be generally consistent with Policy 15 of
NPF4.  The development will also provide suitable pedestrian links both to the
neighbouring supermarket and Lesmahagow town centre. 
NPF4 Policy 16 - Quality Homes aims to encourage, promote, and facilitate the
delivery of more high quality, affordable and sustainable homes, in the right locations,
providing choice across tenures that meet the diverse housing needs of people and
communities.  The site is located within the existing settlement on an allocated housing
site.  The proposed development is of an acceptable layout, design and materials and
provides a range of housing sizes.  The proposal is considered to comply with Policy
16 of NPF4. 
Further objections received raise concern about pressure on existing amenities within
Lesmahagow that are already at capacity, noting that the application does not include
amenities within the site.   
SLLDP2 Policy 7 - Community Infrastructure Assessment advises that a financial
contribution from the developer will be sought where it is considered that a
development requires capital or other works or facilities to enable the development to
proceed. 
Through an assessment of the proposals involving a range of Council Services and
through the Consultation process, it is considered that contributions would be required
in terms of the impact on educational and community facilities.  This will be achieved
through a legal agreement. 
The Council also requires new development to contribute to meeting affordable
housing needs across South Lanarkshire.  SLLDP2 Policy 12 - Affordable Housing
and Housing Choice is applicable.  The applicants are in agreement to making a
contribution for off-site affordable housing within the local housing area. 
A summary Heads of Terms for the legal agreement is set out as an Addendum to this
report and while the completion of this process will follow the decision of the
Committee, this ensures that the proposal complies with Policies 7 and 12 of SLLDP2. 
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In addition, as required by Policy 18 of NPF4, the impact of the proposal can be
positively mitigated through developer obligations in relation to community
infrastructure. 
10.5. Technical Matters
NPF4 Policy 22 - Flood Risk and Management aims to strengthen resilience to flood
risk by promoting avoidance as a first principle and reducing the vulnerability of
existing and future development to flooding.  The proposal includes the provision of a
sustainable drainage system.  The applicant has submitted a Drainage Strategy and
the Council’s Flood Risk Management Team have advised that they have no
objections to the proposed development subject to conditions in relation to the
implementation of a Sustainable Drainage Design designed and independently
checked in accordance with the Council’s SUDS Design Criteria Guidance.  It is
therefore considered the proposal is consistent with Policy 22 of NPF4.   
SLLDP2 Policy 16 – Water Environment and Flooding is also relevant and advises any
development that has an unacceptable impact on the water environment will not be
permitted.  In determining proposals, consideration shall be given to water levels,
flows, quality, features, flood risk and biodiversity within the water environment. 
Policies SDCC2 – Flood Risk and SDCC3 – Sustainable Drainage Systems also
expand on this.  The requirement for appropriate drainage provision and concern for
increased flood risk have been noted through objections to the proposal.  As detailed
above, flooding and drainage details have been submitted and reviewed by the
Council’s Flood Risk Management section and have been agreed.  The proposal is
therefore considered to be consistent with Policies 16, SDCC2 and SDCC3 of
SLLDP2.   
SLLDP2 Policy 15 – Travel and Transport is applicable and requires all new
development proposals to consider the impact of traffic growth.  Some of the issues
raised through objections refer to increased traffic as a result of the development, road
and pedestrian safety, and insufficient existing infrastructure.  A Transport
Assessment was submitted as part of the application and the impact of the proposal
on the local road network, formation of a new access/roundabout, and associated road
layout and parking provision have been assessed by the Council’s Roads
Development Management Service who have offered no objections to the proposal
subject to the attachment of conditions.  The proposal is therefore considered to
comply with Policy 15 of SLLDP2.   
Local Development Plan Policy SDCC4 and NPF4 Policy 13 - Sustainable Transport
aims to encourage, promote and facilitate developments that prioritise walking,
wheeling, cycling and public transport or everyday travel and reduce the need to travel
unsustainably.  As a new residential development, adequate car parking must be
provided per dwelling, however, each property will include EV charging.  The site is
also within proximity of existing bus stops.  There are pedestrian links throughout the
site, including one that could be formed at the north-east corner of the site linking into
the adjacent supermarket, and an additional proposed link between Plots 157 and 158
into the Tesco car park that has been included as a revision to the proposal.  The
proposal therefore complies with Policy 13 of NPF4 and Policy SDCC4 of SLLDP2.   
The impact of the development on adjacent properties in terms of noise, dust, pollution
and odours have been raised in objection.  The Council’s Environmental Services have
been consulted and have raised no concerns in respect of these particular matters.  In
order to fully mitigate the site from noise from the M74 to the north, the applicant will
install a noise attenuation barrier to the north-east of the site.  In addition, some
properties have been re-sited to reduce any detriment.  
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10.6. Other Issues
Damage to private property, loss of value to property, and insufficient demand have
been raised through objection to the proposal.  Damage to private property is a legal
matter.  Loss of value is not a valid planning consideration, and insufficient demand is
not adequate grounds for refusal.  In addition, the ability of local sewerage services to
cope with additional volume has also been raised.  Scottish Water have been
consulted as part of the application and not raised any concerns regarding capacity. 
In addition to the letters of objection to the proposal, some letters of support of the
proposal have been received which refer to a requirement for new housing in the local
area. 
10.7. Developer Contributions / Community Infrastructure
This application has been determined in line with the SLLDP2 Supporting Planning
Guidance (SPG) in relation to Community Infrastructure.  This ensures the Planning
Authority’s request for infrastructure contributions is in line with the ‘Scottish
Government’s Circular 3/2012: Planning Obligations and Good Neighbour
Agreements’ 
This SPG requires the Council to ensure that developers provide the appropriate
infrastructure for development and in this instance, subject to the conclusion of a
formal legal agreement the developers will, if they choose to proceed with the
development, provide financial contributions for educational infrastructure, affordable
housing and community facilities. 
If the Planning Committee is minded to approve this application, the decision notice
should be withheld until a Planning Obligation in respect of a financial contribution for
the matters set out in the Addendum to this report has been agreed. 
In accordance with agreed procedure, should there be no significant progress, on
behalf of the applicant, towards the conclusion of the Planning Obligation within 6
months of the date of the Committee, the proposed development may be refused on
the basis that, without the planning control/developer contribution which would be
secured by the Planning Obligation, the proposed development would be
unacceptable. 
All reasonable legal costs incurred by the Council in association with the above section
75 Obligation shall be borne by the developers.  Details of the obligations are included
in the attached addendum. 
10.8. Conclusion 
In conclusion, a full assessment of the proposal against the development plan has
been carried out above.  It is considered that the proposal will not result in any
significant adverse amenity, environmental or safety impacts, and therefore complies
with the relevant policies of the adopted National Planning Framework 4 and the
adopted South Lanarkshire Local Development Plan 2.  It is therefore considered
appropriate for planning permission to be granted subject to the attached conditions.  
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11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant Full Planning Permission subject to the following conditions and a
Section 75 Legal Agreement:- 
01. The development to which this permission relates shall be begun no later than the
expiration of three years beginning with the date of grant of this decision notice. 
Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland)
Act 1997 (as amended). 
02. That before any work commences on the site, a scheme of landscaping shall be
submitted to the Council as Planning Authority for written approval, and it shall
include:-
(a) 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. 
(b) details and specification of all trees, shrubs, grass mix, etc., including, where
appropriate, the planting of fruit/apple trees. 
(c) details of any top-soiling or other treatment to the ground. 
(d) sections and other necessary details of any mounding, earthworks and hard
landscaping. 
(e) proposals for the initial and future maintenance of the landscaped areas. 
(f) details of the phasing of these works; and no work shall be undertaken on the site
until approval has been given to these details. 
Reason: To ensure the appropriate provision of landscaping within the site. 
03. That the approved landscaping scheme shall be completed to the satisfaction of the
Council as Planning Authority during the first available planting season following
occupation of the building(s) or completion of the development hereby approved,
whichever is the sooner, to the satisfaction of the Council. 
Reason: In the interests of the visual amenity of the area. 
04. That before development starts, full details of the design and location of all fences and
walls, including any retaining walls to be erected on the site shall be submitted to and
approved by the Council as Planning Authority. 
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
05. That before any of the dwellinghouses situated on the site upon which a fence is to be
erected is occupied, the fence or wall for which the permission of the Council as
Planning Authority has been obtained under the terms of Condition 4 shall be erected
to the satisfaction of the Council. 
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
06. That before any of the dwellinghouses hereby approved are occupied, details of the
storage and collection of refuse within the development shall be submitted to and
approved by the Council as Planning Authority.    
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Reason: To ensure that adequate refuse arrangements are provided that do not
prejudice the enjoyment of future occupiers of the development or neighbouring
occupiers of their properties, to ensure that a satisfactory external appearance is
achieved and to ensure that appropriate access is available to enable refuse
collection. 
07. That no development shall take place until the developer has secured the
implementation of a programme of archaeological works in accordance with a written
scheme of investigation which has been submitted by the applicant, agreed by the
West of Scotland Archaeology Service, and approved by the Planning Authority. 
Thereafter the developer shall ensure that the programme of archaeological works is
fully implemented and that all recording and recovery of archaeological resources
within the development site is undertaken to the satisfaction of the Planning Authority
in agreement with the West of Scotland Archaeology Service.  
Reason: In order to safeguard any archaeological items of interest or finds. 
08. 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. 
09. That all requirements and recommendations of the ITP Energised Ecological Appraisal
dated January 2023 shall be carried out in accordance with this document prior to and
throughout the construction process.         
Reason:  To ensure that any species are protected, and suitable mitigation measures
are put in place. 
10. Prior to works commencing on site, details of the lighting within the site shall be
submitted to and approved in writing by the Council in consultation with Transport
Scotland. 
Reason: To ensure there will be no distraction or dazzle to drivers using the trunk road
and that the safety of traffic on the trunk road is not diminished. 
11. That prior to any works commencing on site, the developer shall submit, for the written
approval of the Council as Planning and Roads Authority, details of the proposed
roundabout shown on drawing 23221/100/100 (Revision A) all designed in accordance
with the Design Manual for Roads and Bridges and submitted for Road Construction
Consent.  The submission shall include details such as kerbing, construction
specification, street lighting, traffic signs, traffic bollards, road markings and tactile
paving.  That once approved, the new roundabout access on Strathaven Road shall
be built in accordance with approved drawings and specification, and all to the
satisfaction of the Council as Planning and Roads Authority prior to the occupation of
the first dwelling house. 
Reason: These details have not been submitted or approved.  
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12. That the applicant shall resurface the full width of Strathaven Road over the extent of
the proposed roundabout access road construction consent boundary all in
accordance with a specification to be agreed in writing by the Council as Planning and
Roads Authority. 
Reason: In the interests of road safety. 
13. That prior to works commencing on site the developer shall submit detailed proposals
for the 5.5 metre wide emergency access shown on Dougall Baillie Associates drawing
22247-SK-02 formed to road construction standards.  Once approved in writing by the
Council as Planning and Roads Authority, the emergency access shall be formed prior
to occupation of the 25th dwelling house or as otherwise agreed in writing. 
Reason: This detail has not been submitted or approved. 
14. That prior to commencement of works on site, details for a replacement Vehicle
Activated Sign (VAS) on Strathaven Road shall be submitted to and approved in
writing by the Council as Planning Authority.  Once approved, the replacement VAS
works shall be implemented in accordance with the approved details before
occupation of the first dwelling house all at the developer's expense using the
Council's term contractor. 
Reason: To improve road safety. 
15. That, prior to commencement of any development works on site, full details of the
pedestrian crossing improvement work on Strathaven Road, as referred to on drawing
22247-SK-03 (Original), shall be submitted to and approved in writing by the Council
as Planning Authority.  That once approved, the footway works shall be implemented
in accordance with the approved details before occupation of the first dwelling house. 
Reason: These details have not been submitted or approved. 
16. That prior to commencement on site of any topsoil stripping, earthworks or intrusive
site investigations, the developer shall undertake an invasive weed survey, which shall
include nuisance weeds such as Horsetail, and submit the findings of the survey along
with their proposed remediation strategy, all for the written approval of the Council as
Planning and Roads Authority. 
Reason: To ensure that the site is free from the presence of invasive weeds. 
17. That prior to commencement of works on site the applicant shall submit, for the written
approval of the Council as Planning Authority, proposed levels and longitudinal profile
with associated drainage and street lighting details for the remote footpath at Plots
160 and 161, and that the proposed finished footpath level shall tie into the existing
boundary level at the eastern site boundary with the neighbouring Tesco store car
park. 
Reason: These details have not been submitted or approved. 
18. That prior to commencement of any works on site the applicant shall submit, for the
written approval of the Council as Planning Authority, details of the electric vehicle
charging (EVC) facilities.  Where EVC points are located in parking courtyards or other
accessible areas then details shall also include arrangements for siting of charging
posts taking account of parking bays, boundary features and pedestrian movement,
and be accompanied by proposals for maintenance arrangements.  Once approved
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the agreed EVC provision shall be installed, commissioned, and maintained in
accordance with the approved plans and specifications prior to that property which it
serves being occupied. 
Reason: To ensure the provision of appropriate facilities on site. 
19. That prior to completion of each dwelling house, the first 2.0 metres of the driveway
serving that dwelling shall be so surfaced in a bound material and trapped to restrict
surface water or deleterious material from entering the prospectively adoptable road. 
Reason: To prevent deleterious material being carried onto the road. 
20. That prior to any works commencing on site the developer shall submit a Construction
Phase Traffic Management Plan (CPTMP) detailing the key items listed below, all for
the written approval of the Council as Roads Authority, and that once agreed all site
operations shall be undertaken in accordance with the approved CPTMP. 
(i) Delivery route for all construction vehicles arriving and departing via M74 Junction
10.
(ii) Details of all temporary construction direction signage and route signage.
(iii) Arrangements for notifying suppliers and contractors of designated access route
to be agreed under item (i) above and arrangements for monitoring and enforcements.
(iv) Provisions for emergency vehicle access.
(v) Location and specification for wheel wash equipment to prevent mud, detritus and
surface water being deposited on the public road and/or the existing public car park.
(vi) Arrangements for additional road sweeping visits as and when required by site
activities and conditions or as requested by the Council’s Road Inspector.
(vii) Arrangement of construction compound(s) and contractor/staff car parking on site
to ensure that no vehicles are parked on the public road.
(viii) Location and layout of delivery area and turning area within the site to ensure that
all construction delivery vehicles can enter and exit site in a forward gear.
(ix) Identification of a nominated person to whom any road safety issues can be
referred.
(x) Arrangements for undertaking initial joint road dilapidation surveys with a
representative of the Council’s Roads Area Office at locations specified by the Council
and for ongoing dilapidation surveys including submission of written
reports/photographs for the route referred to under item (i) above. 
Reason: In the interest of road safety. 
21. That prior to commencement of housebuilding works on site, the applicant shall
formally consult Strathclyde Partnership for Transport (SPT) on requirements for bus
infrastructure improvement. 
Reason: To increase the accessibility of public transport. 
22. The scheme of mitigation shall be required to achieve compliance levels with Figure
1: Proposed Enhanced Site Layout (Rev X – June 2024) as submitted in support of
the application and as referenced within the New Acoustics document dated 8 July
2024. 
In addition, the development shall include a 4.0m acoustic barrier at the site boundary
with the Route 74 truck stop as shown within document PH-WFL-TL-01 Rev X -
Technical Layout in support of the application.  
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Acoustic barriers shall have a surface density of circa 13.5 kgm-2, shall be continuous-
comprising of a minimum of close boarded fencing and shall not contain air gaps
between the base and the ground.  The insertion loss shall be circa 10dB within the
resultant acoustic shadow and achieve the proposed mitigation levels. 
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 or
the local environment and complies with the provisions of Policies 1, 2, 3, 6, 13, 14,
15, 16 and 22 of National Planning Framework 4 (2023), and Policies 2, 3, 5, 7, 11,
12, 14, 15, 16, DM1, NHE9, NHE18, SDCC2, SDCC3 and SDCC4 of the adopted
South Lanarkshire Local Development Plan 2 (2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/23/0293 | Erection of 224 dwellings with associated infrastructure and landscaping | Land
350M Southeast Of Wellburn Farm Strathaven Road Lesmahagow Lanark 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Addendum Specifying Heads of Terms in relation to an agreement under Section 75
of the Town and Country Planning (Scotland) Act 1997. 
Planning
Application No.
P/23/0293
Development
Description
Erection of 224 dwellings with associated infrastructure and
landscaping 
Site Address  Land 350M Southeast Of Wellburn Farm, Strathaven Road,
Lesmahagow 
Applicant Mr George Lammie And Persimmon Homes 
Date of
Committee 
27th August 2024
Type of
obligation 
Section 75 
Obligations 
Resource Summary of Required Contributions
Community  Contributions towards upgrade of McKirdy, Glebe and Craighead
football grass and 3G pitches as well as McKirdy Play Park.
Education  Contributions towards education requirements at the following
schools:
 Milton Primary
 St Johns Primary Blackwood
 Lesmahagow High
 Holy Cross High
 Nursery provision in the local area
Housing  Commuted sum for the provision of housing in the Clydesdale
Housing Area
Roads  All necessary roads and transportation improvements required as a
result of this proposal will be carried out by the developer         
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Report
Agenda Item 
CHECKED
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/1277
Proposal:  Use of agricultural land for the siting of two tourist accommodation
pods (Class 7) and formation of vehicle access 
Site Address:  Smiddy Cottage
Yieldshields
Dyke Road
Carluke
ML8 4QB 
Applicant:  Mr and Mrs B Warnock
Agent:  Hardie Associates Ltd
Ward:  01 – Clydesdale West
Application Type:  Full Planning Permission
Advert Type:  Non-Notification of Neighbours:
Carluke Gazette 14 February 2024 
Development Plan
Compliance: 
No 
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
8
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee.  The Head
of Planning and Regulatory Services in consultation with the Chair of Planning
Committee has determined it raises policy issues meriting consideration by the
Planning Committee. 
2. Site Description
2.1. The site relates to agricultural land off the eastern end of Dyke Road, a public road
that runs between the north of Carluke and Yieldshields.  The site is designated as
Green Belt in the Adopted South Lanarkshire Local Development Plan 2. 
2.2. The Applicant’s house was developed adjacent to the field following the granting of
planning consent CL/16/0256 in 2016 for the conversion and extension of an
agricultural outbuilding.  It should be noted that the boundary treatment has not been
completed per the details of the consent resulting in no visible boundary between the
residential curtilage and the field.  
2.3. There are unauthorised ancillary buildings within the field adjacent to, but outwith the
curtilage.  These matters are not part of this proposal and will be further investigated
by the Planning Authority after the conclusion of the current application. 
3. Description of Proposed Development
3.1. The proposed development relates to the use of the land for the erection of 2 tourist
accommodation pods (Class 7) including the formation of a new access from Dyke
Road.  The proposed pods are identical and would have a 6.0m by 3.3m rectangular
footprint, an arched roof reaching a maximum height of 2.9m which also forms the side
walls, wood clad front and rear elevations, and a double-wide glazed door on the front
elevation.  The pods would be positioned parallel to each other and orientated so that
the door faces south.  A new 5.0m wide private access would be formed off Dyke Road
leading to a parking space adjacent to each pod and a turning head. 
4. Relevant Planning History
4.1. There are no recent applications over the site however there are 3 previous
applications of relevance: 
 CL/11/0057 – Detailed Planning Application – Approved
Conversion and alterations of 2 no. outbuildings to form 2 no. dwellinghouses
 CL/14/0351 – Further Application – Approved
Conversion and alterations of 2 no. outbuildings to form 2 no. dwellinghouses
(Renewal of CL/11/0057)
 CL/16/0256 – Detailed Planning Application – Approved 
Conversion and extension of an outbuilding to form 1 no. dwellinghouse 
5. Supporting Information 
5.1. A supporting statement accompanied the application which includes a justification in
terms of National Planning Framework 4 and some detail of the proposed business. 
6. Consultations
6.1. Roads Development Management – No objection subject to conditions relating to the
access maintenance of suitable visibility splays. 
Response: Noted. 
6.2. West of Scotland Archaeological Service – No objection subject to a condition relating
to an archaeological watching brief since the site lies near a roman road. 
Response: Noted. 
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6.3. Environmental Services – No adverse comments or objections. 
Response: Noted. 
6.4. Scottish Water – Water supply and capacity available but no waste water services. 
Response: Noted. 
7. Representations
7.1. Following the statutory period of consultation and advertisement, no valid
representations 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
South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 
8.2. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments, and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places, and productive places. 
National Planning Framework 4 Policies
 Policy 1 - Tackling the climate and nature crisis
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 8 - Green belts
 Policy 12 - Zero waste
 Policy 13 - Sustainable transport
 Policy 14 - Design, quality and place
 Policy 22 - Flood risk and water management
 Policy 30 - Tourism 
8.3. South Lanarkshire Local Development Plan 2 (2021)
For the purposes of determining planning applications the Council will, therefore, also
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).  In this regard the application site and
associated proposals are affected by the following policies contained in the SLLDP2. 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 6 - Visitor Economy and Tourism
 Policy 15 - Travel and Transport 
SLLDP2 Volume 2 Policies
 Policy SDCC3 - Sustainable Drainage Systems
 Policy SDCC4 - Sustainable Transport
 Policy GBRA1 - Rural Design and Development
 Policy GBRA2 - Business Proposals within Green Belt and Rural Area
 Policy DM15 - Water Supply
 Policy DM16 - Foul Drainage and Sewerage
 Policy VET2 - Visitor Accommodation 
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South Lanarkshire Council (SLC) Supporting Planning Guidance
 Electric Vehicle Charging Point Supporting Guidance 2022 
9. Guidance
9.1. NatureScot Developing with Nature Guidance is relevant to all local developments and
provides advice and guidance on how to achieve Policy 3 Biodiversity of NPF4. 
10. Assessment and Discussion
10.1. Detailed planning permission is sought for the siting of two tourist accommodation
pods and vehicle access on land close to Smiddy Cottage.  The determining issues in
the consideration of this application are its compliance with national policy, local
development plan policy and its impact on the green belt and surrounding area.   
10.2. Principle of Development
Policy 8 of NPF4 and Policies 4 and GBRA2 of the SLLDP2 relate to business
development within the designated green belt.  These policies state that the purpose
of the green belt is to: direct development to appropriate locations; increase urban
density and prevent unsustainable growth; protect and enhance the character and
landscape setting of settlements; and to support and manage nature networks to help
manage climate change.  Development which does not have a locational need to be
sited in the green belt and/or the rural area will require to be located within existing
settlement boundaries. 
10.3. Policy 8 of NPF4 lists the acceptable situations for development in the green belt in
part (i) and necessary requirements in part (ii).  At least one point from part (i) and all
points of part (ii) must be met.  Tourism uses are an acceptable situation under part
(i) however, the proposal is considered to fail two of the five requirements of part (ii). 
Specifically, that a green belt location is essential; and that the purpose of the
greenbelt at that location is not undermined.  The supporting statement does not
address these requirements.  No information has been provided to demonstrate that
local demand for tourist accommodation cannot be accommodated outwith the green
belt. 
10.4. It is noted that the pods are proposed adjacent to the applicant’s house, however, the
development aspirations of a landowner are not justification as to why a development
requires a green belt location.  Furthermore, the site is near the boundary of the green
belt and a settlement thus its development without reasoned justification would
undermine the purpose of the green belt to direct development to appropriate
locations.  Given the lack of a specific locational requirement, the proposed tourist
accommodation should be located on an appropriate alternative site in the nearby rural
area or within a defined settlement.  As such, the proposal is contrary to Policy 8 of
NPF4. 
10.5. Policy GBRA2 of the SLLDP2 gives preference to the conversion and re-use of
existing buildings.  Where new development is essential, it should integrate with an
established building group or redevelop previously developed land.  Tourism and
holiday accommodation are considered appropriate development subject to
compliance with Policy 6 of the SLLDP2, assessed in paragraph 10.6. below.  It is
acknowledged that Glamping requires a unique style of building, such as the proposed
pods, however, the supporting statement does not provide sufficient justification of the
market demand at this location to justify new development over the reuse of vacant
buildings or the redevelopment of brownfield sites.  
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10.6. Policy 30 of NPF4 and Policies 6 and VET2 of the SLLDP2 relate to tourism.  Policy
30 of NPF4 supports tourism proposals on identified sites and requires consideration
of their economic, visual, transportation, environmental, and amenity impacts.  Policy
6 of the SLLDP2 identifies that visitor accommodation will be supported where it
contributes to the visitor economy and that there are suitable access arrangements.  It
is subsidised by Policy VET2 setting further criteria including financial viability, and
good visual integration with the surrounding area. 
10.7. The site is not allocated for tourism use but as Green Belt, therefore, the application
requires to be supported by a Business Case.  In this instance the ‘business plan’ and
‘financial considerations’ within the supporting statement submitted are not robust as
they are not supported by an evidence-based analysis of the local tourism market. 
Consequently, it is considered that the applicant lacks sufficient information to
demonstrate compliance with Policy 30 of NPF4 and Policies 6 and VET2 of the
SLLDP2 in terms of the need for, and financial viability of, the proposed tourist
accommodation.  As a result, the proposal also fails the terms of Policy GBRA2 of the
SLLDP2.  Consideration of the visual, transportation, environmental, and amenity
impacts are detailed below. 
10.8. Layout, Siting and Design
Policy 14 of NPF4 and Policies 4 and GBRA1 of the SLLDP2 relate to liveable places,
placemaking, and the quality of the design of a development.  Policy 14 of NPF4 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.  Policies 4 and GBRA1 set out that all
development in the rural area should take account of, and be integrated with, the local
context and built form and not have an adverse impact on the amenity of the
countryside. 
10.9. The design and scale of the proposed pods is suited to the rural area and would be
visually appropriate if the principal of development at this location was acceptable. 
The proposal takes cognisance of the site’s surroundings with the pods positioned
behind and along the tree line, in the corner of the field, with an outlook over the
applicant’s land.  The materiality has been indicated and further details could be
sought if the principle of the development was acceptable.  Therefore, the proposal is
not contentious in terms of its physical appearance. 
10.10. In terms of amenity impact, the siting and layout are appropriate to ensure that no
residential neighbours are adversely affected by overshadowing or overlooking.  The
scale of the pods is such that detrimental levels of disturbance are unlikely to be
generated. 
10.11. Natural Environment
Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and
identify that all development should seek to minimise and mitigate the effects of
climate change.  Policy 3 of NPF4 outlines that local developments should conserve,
restore, and enhance the biodiversity value of a site. 
10.12. Limited details have been provided in these regards although if the principle of the
development was supportable then more details of sustainable measures, such as EV
charging, and of measures to enhance the biodiversity value of the site could be
requested.  Furthermore, the Council has other mechanisms to promote sustainable
development such as through the Building Standards Service.  Consequently, the
application is not considered contentious in these regards.  
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10.13. Technical Matters
Policy 12 of NPF4 requires waste-generating proposals to prioritise waste reduction,
separation at source, and convenient waste storage and collection.  No details have
been provided in this regard. 
10.14. Policy 22 of NPF4 and Policy SDCC3 of the SLLDP2 relate to the water environment
and sustainable urban drainage systems (SUDS).  These require that development
proposals would not increase the risk of surface water flooding to others or themselves
be at risk, that they manage all rain and surface water through a SUDS, and that they
seek to minimise the area of impermeable surface.  The site is not at risk of flooding
and the site is proposed to be permeable except for the proposed pods, parking, and
access roads.  A SUDS is proposed but no detail has been provided. 
10.15. Policies DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water
and waste water services.  Scottish Water have confirmed that there is capacity for a
water supply but not for waste water services.  Private treatment is proposed for waste
water but no detail has been provided. 
10.16. While the application lacks sufficient detail to demonstrate compliance with the above
technical matters, if the principle of development was acceptable then these details
could be requested and/or conditioned.  Therefore, lack of information is not
considered sufficient justification for the proposal to be considered contrary to policy
in these regards. 
10.17. Conclusion
The proposal seeks planning permission for the use of an agricultural field for the
erection of 2 tourist accommodation pods in the green belt.  The application fails to
demonstrate that the green belt location is essential, that there is a demand for tourist
accommodation, and that it would be financially viable.  Furthermore, the site is not
specifically supported in the LDP for tourist development.  Consequently, it is
considered that the proposal is contrary to Policies 8, 13, and 30 within National
Planning Framework 4 and Policies 4, 6, GBRA2, and VET2 within the South
Lanarkshire Local Development Plan 2. 
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse Planning Permission for the following reasons:- 
01. The proposal would be contrary to Policy 4 – Green Belt and Rural Area of the
South Lanarkshire Local Development Plan 2 as the proposal is within the
green belt without an acceptable locational need and the purpose of the green
belt would be undermined. 
02. The proposal would be contrary to Policy 6 – Visitor Economy and Tourism of
the South Lanarkshire Local Development Plan 2 as the application has not
demonstrated that it would positively contribute to the visitor economy nor that
it would be sustainable and viable in regard to the visitor demographic of the
locality. 
03. The proposal would be contrary to Policy GBRA2 – Business Proposals within
Green Belt and Rural Areas of the South Lanarkshire Local Development Plan
2 as it does not meet the terms of Policy 6 of the South Lanarkshire Local
Development Plan 2 and the application is not accompanied by an appropriate
business plan. 
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04. The proposal would be contrary to Policy VET2 – Visitor Accommodation of the
South Lanarkshire Local Development Plan 2 as the accompanying business
plan does not demonstrate the need for the accommodation and financial
viability of the proposal. 
05. The proposal would be contrary to Policy 8 – Green Belts of National Planning
Framework 4 as reasons have not been provided as to why a green belt location
is essential. 
06. The proposal would be contrary to Policy 30 - Tourism of National Planning
Framework 4 as the site is not allocated for tourism development within the
South Lanarkshire Local Development Plan 2. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/23/1277 | Use of agricultural land for the siting of two tourist accommodation pods (Class
7) and formation of vehicle access | Smiddy Cottage Yieldshields Dyke Road Carluke ML8
4QB 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report to Follow
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/1501
Proposal:  Proposed transport interchange development to form park and ride
facility and integrated public transport facilities including the formation
of access and associated infrastructure including parking spaces, EV
charging facility, cycle storage, signalised junctions, lighting,
installation of CCTV and landscaping and SUDS 
Site Address:  Land to the East of Redwood Drive
East Kilbride
G74 5EL 
Applicant:  South Lanarkshire Council
Agent:  N/A
Ward:  09 - East Kilbride West 
Application Type:  Full Planning Permission
Advert Type:  Non-notification of neighbours
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
9
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Report
Agenda Item 
CHECKED
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/1543
Proposal:  Demolition and rebuild of two storey dwellinghouse
Site Address:  9 Sunningdale Wynd
Bothwell
G71 8EQ 
Applicant:  Mr A Waseem
Agent:  Peter Drummond Architects
Ward:  16 Bothwell and Uddingston
Application Type:  Full Planning Permission
Advert Type:  None
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
10
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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. 
1.2. The application was originally reported to the Planning Committee on 12 March 2024
and was deferred until such time as traffic management details in relation to demolition
and construction activity was provided.  A Traffic Management Statement was
submitted and the application returned to Committee on 28 May 2024. 
1.3. At Committee on 28 May 2024, Committee members voted to carry out a site visit prior
to reaching a decision.  The site visit is scheduled to be carried out on 22 August 2024
and the application is now back before the Committee for determination. 
2. Site Description
2.1. The site is located within an established residential area of Bothwell.  Sunningdale
Wynd was originally built as self-build plots and as such there are a variety of house
types and plot sizes within the street.  The houses are accessed via a narrow public
road, which is approximately 2.5 metres wide in front of the application site, with wider
sections serving as passing places.   
2.2. The application site contains a two-storey house within a large plot, with garden
ground to the front and rear and a large driveway that could accommodate
approximately five cars.  To the southeast, there is a two-storey house, whilst to the
northwest, there is a bungalow.  In general, the houses immediately surrounding the
application site are primarily two storeys.  To the north, the property backs on to mature
woodland. 
3. Description of Proposed Development
3.1. Planning permission is sought to demolish the existing house and build a replacement
two storey house, with a larger ground floor footprint, increased first floor area and an
increased roof height.  At the front, the proposed house will come forward by up to 4
metres.  This will bring the property to the same forward building line as a neighbouring
property. 
3.2. The width of the property will be extended by varying amounts across the rear
elevation, to a maximum of 5 metres.  The central area of the rear elevation will extend
approximately 1.5 metres beyond the rest of the elevation.  The ground floor will
accommodate a large hallway, study, drawing room, lounge, kitchen, utility and shower
room.  The first floor would contain a master bedroom with two dressing rooms and a
large en-suite bathroom, with an additional four double bedrooms (two with en-suites)
and a family bathroom.  All first-floor windows will face to the front or rear.  The house
will be approximately 8 metres in height (just lower than 11 Sunningdale Wynd),
finished in facing brick and concrete roof tiles to fit in with the surrounding houses. 
Photovoltaic panels would be placed on the front roof plane.  The property would retain
a large rear garden, which would be a minimum of 10 metres long, with space for four
cars on the driveway. 
3.3. Additionally, it should be noted that the description had originally stated that the works
would be for an extension and alteration to the existing house.  However, it was
established that demolition and rebuild would be more cost effective.  The description
of development was revised accordingly and neighbours were re-notified of this
change to allow for any further comments.  
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4. Relevant Planning History
4.1. P/23/1019 - Erection of front, rear and side two storey extensions to existing dwelling
including the complete removal of existing roof to create further accommodation at first
floor level.  Refused. 
4.2. P/23/0709 - Front and rear 2 storey extensions to existing dwellinghouse and raising,
reprofiling of roof and associated external alterations.  Withdrawn. 
5. Supporting Information 
5.1. Design Statement - this outlines the proposed siting and design of the development
and addresses the previous reasons for refusal. 
6. Consultations
6.1. Roads and Transportation Services – No objection to the proposal subject to
conditions relating to a dilapidation survey, materials storage, deliveries and
communication of deliveries to surrounding residential properties.
Response: These matters can be addressed either through appropriately worded
planning conditions or as an informative attached to any planning decision notice.  In
addition, these matters have been communicated to and agreed with the agent for this
application. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, 28 letters
of representation were received from residents of Sunningdale Wynd and Turnberry
Wynd objecting to the application.  The issues raised are summarised as follows:- 
 The street is too narrow to accommodate construction vehicles and there is
nowhere for construction workers to park without blocking the road for residents,
deliveries, bin collections and emergency vehicles and therefore the works would
cause serious access problems in the street.
 Pedestrians (including dog walkers and school children) and cyclists use the
road as there are no pavements and extra traffic would make this dangerous
and unsafe.
 Noise, dust, mess and general nuisance disturbance would disrupt and
negatively impact on neighbour’s lives and wellbeing for a lengthy period of time,
likely at least 18 months.
 Concern that there will be loss of light and overshadowing caused to immediate
neighbours by the increase in the size of the house.
 Concern over loss of privacy for immediate neighbours from upper floor windows
and the large number of construction workers that will be needed on site.
 The size of the proposed house is out of keeping with the rest of the properties
in the street and the scale remains too large and imposing and ultimately
overdevelopment of the plot.
 Bringing the front of the house closer to the road and getting rid of the garage
would reduce the property’s off street parking capacity.
 In terms of protecting the environment, they should not be taking down the large
old tree in the rear garden. 
The above issues are considered in the assessment below and full copies are
available to view on the planning portal.  
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8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
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. 
8.3. National Planning Framework 4 Policies 
Policy 1 - Tackling the climate and nature crises 
Policy 2 - Climate mitigation and adaptation 
Policy 16 – Quality homes 
8.4. 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 7 - Development Management and Placemaking  
SLLDP2 Volume 2 Policies 
Policy DM7 – Demolition and Redevelopment for Residential Use 
South Lanarkshire Council (SLC) Supporting Planning Guidance
Development at a Dwellinghouse 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Principle of Development
The site is located within the general urban area where SLLDP2 Policy 3 applies.  This
policy looks to ensure that development proposals make a positive contribution to the
character and appearance of the environment in which they are located, taking
account of, and being integrated with, the local context and built form.  The demolition
of an existing house and the rebuilding of a new house is acceptable providing it does
not have a detrimental impact on neighbours or the surrounding area. 
10.2. Climate Change
Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 seek to promote developments that
address the global climate emergency and nature crisis.  All development should aim
to minimise and mitigate the effects of climate change.  Given the scale and nature of
the proposed development, it is not considered that any action is required within the
context of the development management process. 
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10.3. Layout, Siting and Design
Policy 16 of NPF4 seeks to provide quality homes and states that householders
proposals will be supported where they do not have a detrimental impact on the
character or environmental quality of a house or the surrounding area or a detrimental
effect on neighbouring amenity in terms of physical impact, overlooking,
overshadowing, size, design or materials.  Similarly, policies 3 and 5 of the SLLDP2
also look to promote quality residential developments that take account of their locality. 
In particular, SLLDP2 Policy DM7 provides specific guidance for demolition of existing
buildings which any redevelopment must comply with. 
10.4. In relation to overlooking and loss of privacy, the proposed dwelling will be a sufficient
distance from neighbouring properties.  All upper floor windows face to the front or
rear, there is only woodland to the rear and the nearest property opposite the site will
have a window to window distance of approximately 22 metres.  A degree of mutual
overlooking is considered commonplace in residential areas but it is not considered
that the new house will have any significant or detrimental impact on neighbours in
terms of overlooking.  In terms of loss of privacy from those working on site, if working
at height, it might be possible to view into a garden or window but this will only be
temporary and would not be unacceptable. 
10.5. Due to the orientation of the houses and the large size of the plots, no unacceptable
overshadowing of neighbouring properties would occur.  The proposed house would
be located approximately 3 metres from neighbouring properties and it is considered
that any overshadowing would be minimal and only for a short part of the day, in a
small area of their gardens.  This is relatively normal in residential areas and, therefore,
the proposal would not cause any unacceptable overshadowing.   
10.6. In relation to the scale and appearance of the house, the applicant has reduced the
overall size of the proposed footprint from the previous application that was refused. 
The original house on the site is already much taller than the neighbouring bungalow,
however, the height of the proposal only increases the height from 7.2 metres to 8
metres, which is still below the two-storey house on the other side of the site. 
Additionally, there are other two-storey houses within the street and it is not considered
that the redeveloped house would be out of keeping with the scale of other houses
within the street or that the plot would be overdeveloped.  The applicant also proposes
to use a similar palate of materials to the existing house. 
10.7. The proposed house will maintain a large driveway which will accommodate up to four
cars.  Sufficient rear garden ground will also be provided with a minimum depth of 10
metres. 
10.8. Trees
One large mature evergreen was proposed to be removed as part of the proposal,
however, it fell down in one of the recent storms.   
10.9. Noise and Nuisance
Neighbours have expressed concerns regarding noise, dust and mess during
demolition and construction.  Whilst there would be a degree of disruption during this
time, it would only be for a temporary period during appropriate hours of the day. 
Construction noise is outwith the scope of the planning process and is legislated by
the Control of Pollution (Scotland) Act 1974.  It is not anticipated that the completed
development would give rise to any additional noise or disturbance. 
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10.10. Road Safety
Sunningdale Wynd is a narrow road for the most part and, as such, the majority of
objections have been in relation to access, potential blockage of the street and
pedestrian safety.  Whilst it is accepted that the development works may cause periods
of disruption these are likely to be over very short durations and with only a small
number of properties being directly affected.  The existing driveway, together with the
adjacent grassed area in the front garden, presents a relatively large area and with the
appropriate site management, materials and plant and parking could largely be
accommodated within the plot.  The applicant has also advised that, where possible,
they will try and arrange for smaller lorries to be used for deliveries.   
10.11. In terms of pedestrian safety, it is not considered that the development would cause
any increased hazard to pedestrians or cyclists.  The road is narrow but relatively open
and, as such, the visibility for drivers and pedestrians is good.   
10.12. Following consideration of the application by the Planning Committee at its meeting
held on 12 March 2024, the application was deferred and the applicant was asked to
provide further information relating to traffic management during demolition and
construction.   
10.13. A Traffic Management Statement has been submitted, along with associated site plans
which demonstrate that all plant, compound, vehicles and materials would be stored
on site.  In addition, delivery arrangements have been provided.  After further
discussion with the Council’s Roads Development Management Team and the agent
for the application, the following has been agreed:- 
 A dilapidation survey of Sunningdale Wynd would be undertaken prior to the
commencement of development and agreed with the Council.  This would be
controlled through a planning condition.
 Details of anticipated skip movements and deliveries to the site have been
provided.  Until such time as a contractor has been appointed, these details
cannot be confirmed.  A condition is proposed that would require works on site to
be undertaken in accordance with the details contained in the Traffic
Management Statement unless this is superseded by a Construction Phase Plan.
 It has been agreed that no materials are to be stored or deposited beyond the
boundary of the application site and this would be controlled through a planning
condition.
 In addition, the agent has committed to notifying neighbours of any large vehicles
delivering plant or materials which might cause disruption. 
10.14. Following receipt of this information, it has been reviewed and the proposals
considered acceptable.  In addition, conditions are proposed to ensure that the Traffic
Management Statement is complied with whilst development is being undertaken on
site and other roads related matters are addressed. 
10.15. Conclusion 
The proposal complies with Policies 1, 2 and 16 of the National Planning Framework
4 (adopted 2023) and Policies 2, 3, 7 and DM7 of the Local Development Plan 2
(adopted 2021) and would not result in a detrimental impact on either visual or
residential amenity.  There are no other material considerations which would justify
the refusal of planning permission.  
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11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant Full Planning Permission subject to the following conditions:- 
01. The development to which this permission relates shall be begun no later than the
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 type and distribution of external finishes shall be as shown on the approved
plan, but prior to the commencement of any work on site, samples of the materials to
be used shall be submitted to and approved in writing by the Council as Planning
Authority. 
Reason: To ensure the development is satisfactory in appearance and to maintain
the visual quality of the area. 
03. That all construction activities, deliveries and traffic to and from the site shall be
managed in accordance with the mitigation measures identified in the Traffic
Management Statement (dated 3 April 2024) for the duration of construction works, to
the satisfaction of the Council as Roads and Planning Authority. 
Should any changes be proposed to the Traffic Management Statement prior to the
commencement of development or should it be superseded by a Construction Phase
Plan, the updated document shall be submitted for the written approval of the Planning
Authority.  Thereafter, the development shall be undertaken in accordance with the
approved details. 
Reason:  In the interest of road and pedestrian safety. 
04. Prior to the commencement of development on site, a dilapidation survey shall be
conducted on Sunningdale Wynd.  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. 
05. For the avoidance of doubt, no materials associated with this development shall be
stored or deposited out with the boundary of the application site. 
Reason:  In the interest of road and pedestrian safety. 
12.  Reason for Decision 
12.1.  The proposed development is of an appropriate scale and design within a residential
area and would not have an unacceptable impact on the amenity of the surrounding
residential area.  Technical matters have also been met or could be addressed through
condition.  Consequently, the proposal is considered to comply with Policies 1, 2 and
16 of the National Planning Framework 4 and Policies 2, 3, 7 and DM7 of the adopted
South Lanarkshire Local Development Plan 2.  
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David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/23/1543 | Demolition and rebuild of two storey dwellinghouse | 9 Sunningdale Wynd Bothwell G71
8EQ (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 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/0112 
Proposal:  Erection of drive-thru restaurant (sui generis) with associated access,
servicing, car parking, landscaping and other associated work 
Site Address:  Land 70m South of 28 Beck Avenue
Borland Drive
Larkhall
ML9 1FN 
Applicant:  McDonald's Restaurants Limited
Agent:  Lichfields
Ward:  20 - Larkhall
Application Type:  Full Planning Permission
Advert Type:  Non-notification of neighbours and Bad Neighbour: Lanark Gazette 22
February 2024 
Development Plan
Compliance: 
No 
Departures:  Contrary to NPF4 Policies 1, 2, 13, 14 and 27 and SLLDP2 Policies 2,
10, 15 and SDCC4 
Recommendation:  Refuse
Legal Agreement:  Not required
Direction to
Scottish Ministers 
Not required 
11
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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 application site extends to 0.5ha and is located 1.6km to the south of Larkhall
town centre, at the junction of Borland Drive and Carlisle Road (B7078).  The site is
currently vacant, comprising hardstanding, grass, scrub, and semi-mature trees and
was previously occupied by the Sefton Park Care Home. 
2.2. The site is bounded to the south by the Lidl retail store and associated parking, to the
east by the Strutherhill Industrial Estate, to the north by a residential development, and
to the west by Carlise Road.  Beyond Carlisle Road is the Strutherhill residential area. 
2.3. The site is accessed from Carlisle Road via an existing access, Borland Drive, which
also serves as an access to the new residential development. 
3. Description of Proposed Development
3.1. The applicant seeks planning permission for a McDonald’s restaurant and drive-
through with associated parking and landscaping.  The proposed restaurant, 377m2
in area, reflects the standard design for McDonald’s outlets – it will be a single storey
flat roof building, externally finished in grey brick and cladding, with a mixture of colour
schemes and branded finishes. 
3.2. The restaurant building, and curtilage will incorporate canopies and a patio with
outdoor seating and play area.  Drive-through customers will be directed to an in/out
drive-through lane which runs round the west and south sides of the building. 
3.3. Internally the restaurant indicates seating for 79 customers (no detailed seating layout
has been provided), kitchens, toilets, store, freezer, chiller, and a corral for deliveries. 
Extractor fans, ventilation vents and condensers will all be located in a plant enclosure
on the roof, hidden behind a 2.3m high parapet. 
3.4. In addition to the 40 parking spaces, there will be 4 electrical charging spaces, 8
cycling spaces, 5 motorcycle bays, two accessible spaces and two reserve bays
beside the drive-through lane. 
3.5. Existing trees along the northern boundary will be retained and a native hedgerow and
trees will be established along the eastern boundary to replace a group of overgrown
conifers.  Elsewhere around the periphery, landscaping will feature amenity grassland
with a wildflower mix and spring bulbs, shrub beds and specimen tree planting.  Under
the canopy of retained trees, existing grass will be enhanced with a shade tolerant
grass and wildflower mix. 
3.6. Vehicular access to the site, for both the car park and drive-through, will utilise the
former care home access onto Borland Drive just before it joins Strutherhill Road (the
B7078).  The application site does not extend to include the surrounding road network
which cannot therefore be controlled through this application. 
4. Relevant Planning History
4.1. Planning Permission in Principle (Ref. HM/15/0422) for a commercial development
incorporating supermarket and pub/restaurant with associated access and car park
was granted in November 2016 on an area covering the current application site and
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the adjacent Lidl retail store.  On the approved plans the indicative position of the
pub/restaurant was shown to be within the current planning application site. 
4.2. A previous Planning Application P/23/0507 for an identical proposal on the same site
was due to be reported to the Planning Committee on 12 December 2023 with a
recommendation for refusal.  Prior to the December Planning Committee, the applicant
requested withdrawal of the application. 
5. Supporting Information
5.1. In support of the planning application, the applicant has submitted the following
information:- 
 Air Quality Assessment
 Construction Environmental Management Plan
 Coal Mining Risk Assessment
 Drainage Maintenance Plan
 Ecological Appraisal
 Economic Statement
 Flood Risk Screening and Drainage Assessment
 Landscape Maintenance
 Lighting Impact Assessment
 Low Zero Carbon Report
 Noise Assessment
 Odour Assessment
 Planning Statement
 Pre-Application Consultation Report
 Site Investigation and Risk Assessment
 Transport Assessment
 Travel Plan
 Tree Survey
 Vertical Light Spill Report
 Opinion of King’s Counsel (KC) and Supporting Justification 
6. Consultations
6.1. Roads, Transportation and Fleet Services – Advise that there are no means of
controlling parking on Borland Drive at present and state that this is likely to pose an
issue for other road users. 
Response: As Borland Drive is out with the control of the both the Council and the
applicant, and out with the application site, appropriate traffic restrictions cannot be
imposed.  The impact of this development has the potential to cause issues for other
road users. 
6.2. Environmental Services – No objection subject to a condition restricting the hours of
deliveries and informatives regarding commercial premises, nuisance, construction
noise, pest control and contamination. 
Response: Noted. 
6.3. Scottish Water – No objection. 
Response: The proposed buildings will be set away from the existing surface water
and foul sewers.  There is no combined sewer.  Surface water will be directed into a
surface water pipe which is separate from the foul water sewer.  
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6.4. The Coal Authority – No objection subject to conditions regarding a site investigation
to establish coal mining legacy issues and to remediate any issues thus identified prior
to the commencement of works on site. 
Response:  Noted. 
7.  Representations
7.1. Following the statutory period of neighbour notification and advertisement for non
notification of neighbours and Bad Neighbourhood Development in the local press, a
total of 539 support letters, 142 objections and 3 representation have been received. 
The issues raised are summarised as follows:- 
Objections:-       
Amenity
⧫ Impact on privacy.
⧫ Does not accord with the residential character of the area.
⧫ Removing trees will increase noise, light pollution and vertical light spill and
diminish the physical environment of the residential area.
⧫ Proposal will increase littering/vermin.
⧫ Proposal will impact upon surrounding residents as a result of noise/odours/air
quality. 
Land Use Concerns 
⧫ A site in the town centre should have been chosen.
⧫ Under NPF4 a proposed drive-thru restaurant should only be supported when
they are allocated in the Local Development Plan
⧫ The site would be better located nearer the motorway so that the McDonald’s
traffic does not disturb neighbouring residential areas.
⧫ A family restaurant would be preferable to a fast-food outlet.
⧫ McDonalds could be built near Asda away from residential areas. 
Sustainability
⧫ Most customers visiting the premises will arrive by car. 
⧫ The proposed development could be seen as encouraging personal car use
at a time when the climate crisis should be addressed and encouraging active
travel instead. 
Impact on Natural and Historic Environment
⧫ Disappointing that out of 60 trees only 10 will be kept.
⧫ There is no reason why McDonald’s will have to stick to suggestion for planting
new species.
⧫ Proposal will erode the value of an informal greenspace. 
Roads Related Matters
⧫ Proposal will generate traffic, impacting detrimentally on the wider road
network, and to the detriment of road safety.
⧫ Proposal will be unable to put in traffic calming measures due to Lidl junction
already having traffic lights metres away from the site and as Borland Drive is
not adopted.
⧫ Poor state of road – Borland Drive cannot cope with the traffic that a fast-food
restaurant will bring.
⧫ No safe access for kids and families to gain access to the site.
⧫ When motorway closures happen, traffic is often diverted through Larkhall
which makes the roads overly busy.
⧫ Is there sufficient parking? 
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⧫ Entrance should be through Millburn Place where the Lidl is so that traffic lights
can regulate vehicle movements. 
Other Matters Raised
⧫ The food is unhealthy.  Proposals should be focused on the town’s health and
wellbeing and promote healthy living.
⧫ Employment of non-skilled workers and mostly part time jobs rather than full
time.
⧫ Proximity to schools will impact on health of local schoolchildren.
⧫ No neighbour notification. 
7.2. Other non-material planning comments were included in objections.  These points
relate to:- 
⧫ McDonalds have funded a paid Facebook campaign to raise support for this
application, generating identical letters of support with a few clicks.  This
website does not allow you to object.  Local residents simply don’t have the
resources to match a big business like this.
⧫ The majority of residents within the adjacent estate are against the proposal.
⧫ Will take away business from local family run takeaways and cafe.
⧫ There are already too many take aways in Larkhall.
⧫ Proposal will encourage anti-social behaviour.
⧫ Proposal will result in a reduction in property values.
⧫ The Council would have no extra money to spend on clearing litter.
⧫ The fast-food industry uses huge volumes of needless and wasteful
packaging.
⧫ Staff turnover in McDonalds is high making it virtually impossible to unionise.
⧫ Why can the site not be used as a community hall. 
7.3. Support:-      
Economy
⧫ Proposal will create jobs locally whilst also creating employment opportunities
during construction and through the wider supply chain.
⧫ Increased investment in the area will generate additional business rates. 
⧫ Support the local economy by bringing in patrons from neighbouring towns
and villages.
⧫ Larkhall is growing fast with hundreds of new homes being built but no new
jobs being created.
⧫ Provides opportunities for young people to get employment and experience
without having to travel further afield. 
Sustainability 
⧫ Having a McDonalds in Larkhall would stop people from Netherburn, Ashgill,
Stonehouse and Strathaven having to travel a further distance to Hamilton etc.
⧫ There are alternative travel options to help the environment. 
Other Matters Raised
⧫ Provides a range of affordable food.
⧫ Will be a better use than the current vacant land.
⧫ McDonald’s is a sustainable developer.
⧫ They do frequent litter picks and it is people who are responsible for taking
their litter home with them.
⧫ Hamilton McDonalds is too busy.
⧫ Proposal would provide a safe and comfortable place for families and friends
to enjoy a meal together.  There are few sit in places available. 
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⧫ Hamilton, Wishaw, Motherwell etc all have multiple fast-food establishments
yet Larkhall does not.
⧫ The town centre has enough fast-food uses and there are very few at the
Strutherhill/Birkenshaw end of town.
⧫ With proper planning there should not be a traffic issue.
⧫ Objections to healthy eating are not valid as people have choice and simply
go elsewhere. 
7.4. 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 13 - Sustainable transport
 Policy 14 - Design, quality and place
 Policy 15 - Local living and 20 minute neighbourhoods
 Policy 27 - City, town, local and commercial centres 
8.3. South Lanarkshire Local Development Plan 2 (2021)
For the purposes of determining planning applications the Council will, therefore,
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).  In this regard the application site and
associated proposals are affected by the following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change
 Policy 3 - General Urban Areas and Settlements
 Policy 5 - Development Management and Placemaking
 Policy 10 - New Retail/Commercial Proposals
 Policy 15 - Travel and Transport 
SLLDP2 Volume 2 Policies
⧫ Policy DM1 - New Development Design
⧫ Policy SDCC4 - Sustainable Transport 
9.  Guidance
9.1. Chief Planners letter dated 8 February 2023 setting out Transitional Arrangements for
NPF4 which specifically addresses the application of Policy 27(d).  
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10.  Assessment and Discussion
10.1. Principle of Development
When considering whether the proposal is acceptable in land-use planning terms, the
two primary considerations are whether the site is suitable for development and
whether the location is appropriate in land-use planning terms for a drive-through
restaurant.  The site is brownfield land within the settlement boundary of Larkhall as
identified by South Lanarkshire Local Development Plan 2. 
10.2.  NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings advises that:
‘Development proposals that will result in the sustainable reuse of brownfield land
including vacant and derelict land and buildings, whether permanent or temporary, will
be supported.  In determining whether the reuse is sustainable, the biodiversity value
of brownfield land which has naturalised should be taken into account’ and ‘Where
land is known or suspected to be unstable or contaminated, development proposals
will demonstrate that the land is, or can be made, safe and suitable for the proposed
new use’. 
10.3. The proposed development will result in the reuse of brownfield land which was last
occupied by a care home.  The site is within an area of historic mine workings - a Coal
Mining Risk Assessment concludes that further intrusive investigations will be
necessary, with potential remediation to stabilise the ground.  The Coal Authority has
not objected subject to conditions requiring further investigations and implementation
of remedial works to ensure the structural stability of the development if recommended
in the investigation report.  In consideration, the redevelopment of the site complies
with Policy 9 of NPF4. 
10.4. Policy 3 - General Urban Areas and Settlements states that particular consideration
will be given to likely impacts on the amenity of the area.  This will include locally
important greenspace, local services and facilities, proposed servicing, parking
arrangements and access.  Developments which would be detrimental to the amenity
of residents and the wider community or to the character of the surrounding area will
not be permitted.  This particularly applies to ‘bad neighbour’ uses which can affect
neighbours by virtue of visual impact, noise, smell, air pollution, disturbance, traffic, or
public safety. 
10.5. The site adjoins an industrial area to the east and a retail store to the south.  Existing
housing is located to the west of the site, with new-build housing currently under
construction on the north side of Borland Drive (Ref. P/20/1667).  This building is
approximately 6m in height and in the context of its surroundings, will be visually
contained to the north and east by the retention of mature trees, additional
landscaping, and boundary fencing.  Sufficient parking can be provided within the site. 
Submitted assessments on air quality, noise, odour and lighting, conclude that there
would be no detrimental impact on nearby residents or the environment.  In their
consultation responses neither Roads, Transportation and Fleet Services nor
Environmental Services have objected to the proposals.  However, Roads,
Transportation and Fleet Services have raised concerns that the proposals could lead
to traffic issues on Borland Drive (a private road) and detrimentally impact upon road
users.  Whilst the potential traffic issues on Borland Drive are raised later in this report,
on balance the proposal satisfactorily complies with the aims of Policy 3 – General
Urban Areas and Settlements of South Lanarkshire Local Development Plan 2.  
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10.6. In terms of the acceptability of the proposed sui generis drive-through restaurant use,
NPF4 Policy 27 City, town, local and commercial centres states:- 
a)  Development proposals that enhance and improve the vitality and viability of
city, town and local centres, including proposals that increase the mix of uses,
will be supported. 
b)  Development proposals will be consistent with the town centre first approach. 
Proposals for uses which will generate significant footfall, including commercial,
leisure, offices, community, sport and cultural facilities, public buildings such as
libraries, education and healthcare facilities, and public spaces:-
i.  will be supported in existing city, town and local centres, and 
ii.  will not be supported outwith those centres unless a town centre first
assessment demonstrates that:-
 all centre and edge of centre options have been sequentially assessed
and discounted as unsuitable or unavailable; 
 the scale of development cannot reasonably be altered or reduced in
scale to allow it to be accommodated in a centre; and 
 the impacts on existing centres have been thoroughly assessed and
there will be no significant adverse effect on the vitality and viability of
the centres. 
c)  Development 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. 
These uses include:-
i. Hot food takeaways, including permanently sited vans; 
ii. Betting offices; and 
iii. High interest money lending premises. 
d) Drive-through developments will only be supported where they are specifically
supported in the LDP. 
10.7. The site is not a town or local centre and cannot be considered to improve the vitality
and viability of the designated Larkhall Town Centre.  As such, 27a) is not applicable
in this instance. 
10.8. With regards to 27b) the applicant has submitted a sequential site assessment rather
than submitting a town centre first assessment as required by NPF4 Policy 27. 
Nevertheless, the submitted sequential site assessment along with the rest of the
supporting information considers whether the proposal meets the criteria set out in
27b). 
10.9. In terms of the sequential test, the applicant carried out a desk-based review of
available sites, ten in total, with the need to accommodate a 377m2 drive-through
facility (sui generis) with associated parking and servicing.  The suitability of alternative
sites was assessed in terms of their ability to accommodate the form and scale of the
development proposal.  None of these sites were considered suitable for a variety of
reasons including lack of parking and servicing, the size of unit is too small for the
proposed business model, impact upon residential properties or the site has been sold
onto another developer and is no longer available for purchase.  As such, the proposal
meets the requirements of Policy 27b). 
10.10. In terms of 27c) the proposed drive-through restaurant, a sui generis use, will share
many of the same characteristics as a hot food takeaway (the sale of hot food for
consumption off the premises) although it’s not clear if this would serve to undermine
the character of the area or the health and wellbeing of the community.  McDonald’s
offers a varied hot food menu and the applicant would put forward the view that their
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menu contains many healthy hot food options that can be purchased for consumption
off the premises. 
10.11. With regards to 27d) the proposed drive-through is not in a location where they are
specifically supported in the local development plan, indeed the SLLDP2 does not
contain any locational guidance for such uses.  Nevertheless, the Chief Planners letter
of 8 February 2023 confirmed that Policy 27d) was not a moratorium on such
developments and that the intent of the Policy was to ensure that this type of
development is considered as an integral part of the wider development plan.  The
letter reiterates that decisions will depend on the facts and circumstances of each case
and regard should be given to wider policies within NPF4.  In the absence of detailed
local plan guidance identifying appropriate locations for drive-through developments,
the starting position must therefore be to resist them outwith designated centres and
in locations where they are likely to increase dependency on car travel, particularly
given the focus in NPF4 on the climate emergency and applying spatial strategy to
reduce emissions.  As such, the proposed drive through restaurant is directly contrary
to 27d) of NPF4. 
10.12. When considering Policy 27 as a whole, it is accepted that there are existing centres
within South Lanarkshire where drive-through uses can perhaps be justified even
though the local development plan has yet to specifically identify locations for such
uses.  In this instance, the failure to meet the requirements of Policy 27d) means that,
irrespective of the slightly more nuanced discussion regarding 27c), the proposed
drive-through restaurant at this out of centre location on Borland Drive, is unacceptable
in land-use planning terms. 
10.13. 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 (8 February 2023) confirms that at this stage, quantitative assessments are not
expected for all applications.  In the absence of a standard methodology for measuring
the emissions which would result from the physical structure and operation of the
proposed restaurant and drive-through building, it is considered appropriate at this
time to instead consider the general sustainability of the proposal in land-use planning
terms (whether the proposed development is supportable when assessed against
other relevant policies in NPF4) and use that as an indicator about whether or not it is
likely to minimise emissions and adapt to current and future impacts of climate change. 
It is noted that the proposed drive-through restaurant is specifically designed to
encourage private vehicle journeys and that the drive-through element is integral to
the proposal rather than an ancillary component. 
10.14. SLLDP2 Policy 2 Climate Change seeks to minimise and mitigate against the effects
of climate change by considering various criteria including: being sustainably located;
reuse of vacant and derelict land; avoidance of flood risk areas; incorporating low and
zero carbon generating technologies; opportunities for active travel routes and trips by
public transport; electrical vehicle recharging infrastructure and, where appropriate,
connection to heat networks. 
10.15. The site is not at risk of flooding, nor will the development exacerbate flooding
elsewhere.  Electrical charging point and spaces for bicycles could be provided within
the parking area.  Air heat source pumps and solar panels are proposed.  The proposal
involves the re-use of brownfield land which ties in with the objectives of sustainability. 
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However, the proposed drive-through use specifically encourages customer journeys
in private vehicles to a site which is not located in a town centre and which has not
been allocated as a drive-through location in the Local Development Plan. 
10.16. Whilst the environmental performance of the building as a physical structure is likely
to meet sustainability goals, the proposed land use encourages hundreds of vehicle
trips a day (140-150 trips per hour at peak times) and the associated emissions that
would ensue from such trips raise a significant concern.  In terms of Policy 2 of NPF4,
it is evident that a drive-through use that is not located in an existing centre or other
area identified as appropriate for traffic generating uses cannot be considered as being
sited and designed to minimise greenhouse gas emissions.  Similarly, in terms of
Policy 2 of SLLDP2, the drive-through is not sustainably located.  In consideration, the
proposed restaurant and drive-through would therefore undermine the policy intent of
NPF4 Policies 1 and 2 and Policy 2 Climate Change of SLLDP2. 
10.17. Layout, Siting and Design
NPF4 Policy 14 Design, quality and place states: Development proposals will be
supported where they are consistent with the six qualities of successful places.  The
proposed restaurant and drive-through is a single building proposed on a site with
industrial and retail uses to the east and south and mature trees and landscaping
providing additional screening to the north.  As such, although directly overlooked by
residential property, the proposal would be reasonably self-contained in the context of
its surroundings.  Once the infrastructure, access and parking has been installed, the
building and site could be adaptable should they wish to change to a different
restaurant/drive-through operator.  However, any other land use is likely to require
significant redevelopment.  The proposed landscaping scheme has been designed to
be attractive and ecologically friendly.  The site layout will be open and well-lit and
being regularly overlooked by staff and customers, could facilitate a safe environment
for lone women and vulnerable people. 
10.18. By nature of its design and layout, a drive-through restaurant cannot be considered to
reduce car dependency and locations are generally chosen to appeal to private vehicle
traffic rather than focussing upon existing pedestrian and sustainable transport
networks.  In terms of creating a sustainable place, whilst the energy performance of
the building structure is designed to address the climate emergency and the
landscaping seeks to provide enhanced opportunities for biodiversity, the location is
outwith the dedicated town centre and instead of strengthening an existing centre,
encourages individual car journeys to this single destination.  Given the above, the
proposed drive-through restaurant is not considered to be consistent with the qualities
of a Connected Place, a Sustainable Place or an Adaptable Place and, as such, is
considered contrary to Policy 14 of National Planning Framework 4. 
10.19. Many of the objections point to a perception that food consumed at or from McDonald’s
is not conducive to healthy eating.  However, the applicant has highlighted that they
offer a varied menu with numerous healthier options available to customers.  Whilst
the planning system considers the long-term impacts upon health as a result of
development proposals, it does not identify specific operators or types of drive-thru
restaurant or hot food takeaway that would be unacceptable in health terms.  Whilst
the location of such uses in designated centres is considered desirable in land-use
planning terms, there is no evidence that competing restaurants and takeaway uses
in town centres and elsewhere necessarily offer a healthier choice than that being put
forward by the applicant.  
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10.20. SLLDP2 Policy 5 - Development Management and Place Making, together with the
Development Management and Placemaking Supplementary Guidance supports
developments where they do not have a significant adverse effect on the amenity of
the area.  In addition, any new development must relate satisfactorily to adjacent and
surrounding development in terms of scale, massing, materials, and intensity of use. 
The character and amenity of the area must not be impaired by reason of traffic
generation, parking, overshadowing, overlooking or visual intrusion.  Policy DM1 - New
Development Design reiterates these points and adds that modern innovative design
can reflect local tradition through scale, massing, siting and colour rather than
replicating existing building form. 
10.21. The redevelopment of vacant derelict land with associated landscaping will result in
environmental improvements.  The scale and size of the proposed building is smaller
in size and scale than the original care home on site.  In considering the orientation,
scale and position of the proposed restaurant, the separation distance from the
nearest dwellings, retained trees, proposed landscaping and boundary fence, the
proposal will not compromise privacy, cause overshadowing or be visually intrusive. 
As it lies at the edge of the Strutherhill Industrial Estate and adjoins the Lidl food store,
it won’t detract from the mixed use character of the area. 
10.22. The submitted Noise Assessment concludes that as the background noise level is
reasonably high, there is no likelihood of an adverse noise impact from the proposed
development at properties to the west and to the north of the site.  The Noise
Assessment also highlights that the restaurant building will provide acoustic screening
to the surrounding residential properties.  The submitted Odour Assessment identifies
that an extraction system will be installed, and a maintenance programme will be
implemented.  Based on these measures, it is considered that odour emissions will be
controlled, and no adverse effects would be experienced.  The site does not fall within
an air quality management area and the submitted Air Quality Assessment concludes
pollution levels at the site are currently meeting the relevant air quality objective limits. 
A Lighting Impact Assessment taking account of lighting column height, position,
design, and luminosity concludes horizontal light impact upon residential properties
would be avoided.  Environmental Services have not raised any issues of concern in
their consultation response. 
10.23. With regards to waste and litter, as an operator McDonald’s have waste management
policies and initiatives that would be implemented at this location.  Waste bins would
be located outside the restaurant and the applicant has advised that staff would pick
up any litter surrounding the premises on a regular basis.  Appropriate waste collection
and storage arrangements could be secured by condition and the potential for littering
by third parties after they have left the site is not something which can be addressed
through this application. 
10.24. In considering supporting information, plans, consultation responses and analysis of
the site and neighbouring locality, the proposal is deemed to be satisfactory in terms
of Policies 5 and DM1 of the adopted Local Plan. 
10.25. 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. 
There are existing trees on the northern and eastern boundaries which were retained
when the care home was demolished, and the site cleared.  The site consists of
hardstanding, rough grassland, self-seeded birch, shrubs, and ornamental trees which
formed part of the original landscaping for the care home. 
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10.26. An Ecological Appraisal has been undertaken which concludes that the habitats and
flora are not considered to be ecologically valuable and are unlikely to support
protected or notable species.  The report recommends work taking place out with the
bird nesting season and if this is not possible, a pre-site check should be carried out
prior to the commencement of work.  Retained native trees should be protected during
construction.  If recommended mitigation measures and enhancement planting are
implemented, the development would accord with policy objectives for biodiversity
protection and ecological enhancement.  The landscaping proposals include
appropriate replacement planting and will benefit pollinating insects, birds, and other
urban wildlife. 
10.27. No protected species have been identified and the species highlighted are
commonplace and can easily adapt and relocate to nearby suitable habitats.  In
consideration, subject to appropriate conditions, the proposal complies with Policy 3
of NPF4. 
10.28. Economy 
NPF4 Policy 15 Local Living and 20 minute neighbourhoods states that development
proposals are to contribute to local living.  The application seeks to provide a new
restaurant in Larkhall, adding to the variety of food offerings and services available to
the local community.  With regards to local living opportunities to encourage
employment within settlements, the applicant has advised that the proposed drive-
through restaurant (which is proposed to operate 24 hours a day 7 days a week) would
generate up to 60 full time equivalent (FTE) jobs and up to 60 further part-time staff
roles.  There will be a maximum of 20 employees on site during any one shift.  Whilst
there is no guarantee what proportion of these roles would go to local people, it is safe
to assume that a significant proportion of the employees would live locally or within a
short commute. 
10.29. Although the proposed use is not solely aimed at the local neighbourhood, nor has the
decision to locate the use on this site been considered in Place Principle terms, the
location itself accords with several of the criteria set out in Policy 15 of National
Planning Framework 4. 
10.30. Travel and Transport
NPF4 Policy 13 Sustainable Transport states:- 
a) Where a development proposal will generate a significant increase in the number
of person trips, a transport assessment will be required to be undertaken in
accordance with the relevant guidance.
b) Development proposals for significant travel generating uses will not be
supported in locations which would increase reliance on the private car, taking
into account the specific characteristics of the area. 
c) Development proposals for significant travel generating uses, or smaller-scale
developments where it is important to monitor travel patterns resulting from the
development, will only be supported if they are accompanied by a Travel Plan
with supporting planning conditions/obligations.  Travel plans should set out clear
arrangements for delivering against targets, as well as monitoring and evaluation. 
10.31. SLLDP Policy 15 Travel and Transport advises that the Council expects active travel
and the availability and/or provision of public transport facilities and access to be
fundamental design and locational elements of new development.  New development
proposals should promote opportunities for travel by sustainable travel modes in the
following order of priority – walking, cycling, public transport and car.  Where
appropriate, planning applications will be accompanied by an active travel plan that
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demonstrates this order of priority has been considered and includes proposals to
reduce travel by car and encourage walking, cycling and public transport as alternative
modes of transport.  Proposals should also consider measures to mitigate the impact
of increased traffic growth and have regard to the need to reduce air pollution and
greenhouse gas emissions. 
10.32. SLLDP Policy SDCC4 Sustainable Transport states: New developments that result in
a significant increase in traffic and pedestrian movements should be located in areas
that are accessible by walking, cycling and public transport.  Where appropriate,
developers will require to submit a transport assessment, a travel plan and a design
and access statement.  New developments require to recognise the needs of cyclists,
pedestrians and people with disabilities.  New developments should, wherever
possible, safeguard and enhance cycle parking and storage.  In addition, they should
incorporate access to public transport routes and hubs and have regard to the core
path plans.  In addition, to address climate change and support the use of electric
vehicles, the Council will seek the inclusion of electric vehicle charging points within
new developments. 
10.33. The site adjoins Carlisle Road, the main road through Larkhall, which is a designated
bus route (the 253 to Coalburn and the 254 to Strathaven/Stonehouse both go along
this road) and three bus stops are located within 300m of the site.  There is an existing
private access (Borland Drive) to the site from Carlisle Road although it is outwith the
control of both the applicant and the Planning Authority.  Nearby are pedestrian
crossings on Carlisle Road and on the Lidl access.  Both sides of the carriageway
contain lit footpaths allowing safe passage for pedestrians from neighbouring
residential and industrial estates.  The 5km catchment area representing an accessible
cycling distance includes the whole of Larkhall and Stonehouse, Swinhill and Ashgill
to the south.  The road network in Larkhall is relatively conducive to cycling with a
30mph speed limit on Carlisle Road and 20mph speed limits in residential streets. 
Spaces for 8 bicycles will be positioned beside the restaurant.  The railway station has
access to the footpath network, has secure cycle storage facilities and is 1.9km walk
from the site. 
10.34. A Transport Assessment has been prepared by the applicant which concludes that the
development would not result in adverse impacts upon the road network.  Sufficient
parking can be provided including two accessible spaces and 4 electrical charging
bays.  After considering the supporting documentation, Roads, Transportation and
Fleet Services concluded that a Traffic Regulation Order was needed to prevent
overspill parking on Borland Drive.  It has, however, been confirmed that such an Order
is outwith the scope of this application since Borland Drive is a private road which is
not controlled by the applicant.  Consequently, Roads, Transportation and Fleet
Services have confirmed that for an undefined period (i.e. until Borland Drive can be
brought up to an adoptable standard, subsequently adopted and a Traffic Regulation
Order (TRO) then promoted) it is likely that parking and waiting traffic on Borland Drive
could cause issues for other road users. 
10.35. A Travel Plan has been submitted with the objective of reducing staff car journeys by
providing clear information of alternative modes of transport and by encouraging the
use of walking, cycling and public transport.  A Travel Plan Co-ordinator would be
appointed, and the Travel Plan would be subject of regular monitoring and review. 
10.36. The proposal appears to be compliant with most of the of the criteria listed in the Local
and National sustainable transport related policies.  However, a drive-through
restaurant, by its very nature, is intended to generate significant vehicle usage.  A
restaurant by itself would not cause as much concern since vehicle trips would be less,
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although it is not clear how large a proportion of customers will sit in when compared
to takeaway customers (both collection and drive-through).  The applicant has been
asked to estimate the likely proportions of restaurant users compared to take away
customers, however, despite the large amount of customer data they evidently hold,
they have been unable to confirm such figures from existing drive-through restaurants
in South Lanarkshire. 
10.37. Roads, Transportation and Fleet Services have advised that required parking levels
can be provided within the confines of the site and that the trip generation rates
outlined in the Transport Assessment are acceptable in terms of the existing road
junctions.  The drive-through lane has been designed to accommodate the maximum
anticipated cars (18) at peak times.  No conflict with the drive-through lane or parking
facilities are anticipated in respect of loading and refuse facilities. 
10.38. The proposed drive-through restaurant is a significant travel generating use (140-150
trips per hour at peak times) and it is very difficult to conclude that, by the very nature
of a layout that invites vehicle travel, it would not increase reliance on the private car. 
Whilst the site falls within a cycling and walking catchment area, is on a bus route and
is within relative walking distance of the train station and town centre, all of these travel
options are expected to be significantly outweighed by the hundreds (potentially
thousands) of customers visiting each day by private car. 
10.39. In summary, the proposed development raises significant issues in terms of the
number of vehicle journeys it generates and whether it increases reliance on the
private car.  Whilst there are sustainable travel options to reach the site (bus and
cycling) the walking route is quite a distance from Larkhall Centre (1.7km) and the
proposal does not pay due regard to the need to reduce air pollution and greenhouse
gas emissions and mitigate the impact of traffic growth. 
10.40. Conclusion 
In summary, taking all the above into account, it is considered that the proposed
development would constitute inappropriate development in land-use planning terms
with regards to the sites out of centre location and the impact of such a use in terms
of emissions, the climate emergency and private vehicle journeys and there are no
exceptions to policy, in either NPF4 or SLLDP2, which would justify the creation of a
drive-through facility in this location.  As such, the proposed development fails to
adhere to the provisions of the development plan, with specific regard to Policies 1, 2,
13, 14 and 27 of National Planning Framework 4 (adopted 2023) and Policies 2, 10,
15 and SDCC4 of the South Lanarkshire Local Development Plan 2 (adopted 2021)
and there are no material considerations which would outweigh this variance with the
development plan.  In view of this, it is recommended that the application is refused
planning permission. 
11.  Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse Planning Permission for the reasons outlined below:- 
1 The proposal would be contrary to Policy 10 New Retail / Commercial Proposals
of the South Lanarkshire Local Development Plan 2 as the location fails to promote
sustainable development or minimise traffic and environmental impacts. 
2 The proposal would be contrary to Policy 2 Climate Change of South Lanarkshire 
Local Development Plan 2 as the drive-through would not be sustainably located
to minimise and mitigate against the effects of climate change. 
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3 The proposed drive-through would be contrary to Policy 15 Travel and Transport 
and Policy SDCC4 Sustainable Transport of South Lanarkshire Local
Development Plan 2 as the development, by nature of its design and location, is
not aimed at promoting walking, cycling or public transport as alternatives to the
private car and does not have due regard to the need to reduce greenhouse gas
emissions from increased traffic movement. 
4 The proposal would be contrary to Policy 27 - City, town, local and commercial
centres of National Planning Framework 4 as the site is not specifically supported
as a drive-through location in the Local Development Plan. 
5 The proposed drive-through would be contrary to Policy 13 Sustainable Transport
of National Planning Framework 4 as it is a significant travel generating use which
would increase reliance on the private car. 
6 The proposal is contrary to Policy 14 - Design, Quality and Place of National
Planning Framework 4 as it is not consistent with the qualities of a Connected
Place, a Sustainable Place or an Adaptable Place. 
7 The proposal would be contrary to Policies 1 - Tackling the climate and nature
crises and Policy 2 Climate mitigation and adaptation of National Planning
Framework 4 as the proposed drive through would not be located or designed to
reduce emissions or minimise lifecycle greenhouse gas emissions. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
P/24/0112 | Erection of drive-thru restaurant (sui generis) with associated access, servicing,
car parking, landscaping and other associated work. | Land 70M South Of 28 Beck Avenue
Borland Drive Larkhall ML9 1FN 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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P/24/0112 
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Report
Agenda Item 
Amended
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/0192
Proposal:  Demolition of existing outbuilding and erection of 2 detached
dwellings, access road and associated works 
Site Address:  Raws Farm
High Kype Road
Strathaven
ML10 6PR 
Applicant:  RM and KM Development Ltd
Agent:  Stuart MacGarvie
MacGarvie and Co Ltd
Ward:  05 Avondale and Stonehouse
Application Type:  Full Planning Permission
Advert Type:  Schedule 2 and Schedule 3: 
Hamilton Advertiser 6 March 2024
Development Plan
Compliance: 
No
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
12
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee.  The Head
of Planning and Regulatory Services in consultation with the Chair of Planning
Committee has determined it raises policy issues meriting consideration by the
Planning Committee. 
2. Site Description
2.1.  The application site is located within the designated Rural Area to the west of Raws
Farm.  There is agricultural land to the north and to the south of the site on the opposite
side of High Kype Road.  To the south-west there is a small row of semi-detached
dwellings. 
3. Description of Proposed Development
3.1. Planning permission is sought for the demolition of an existing outbuilding and the
erection of 2 detached dwellings, access road and associated works.   
3.2. The proposal would involve the demolition of the existing corrugated sheet shed and
the erection of 2 detached dwellings in its place laid out fronting onto each other with
access obtained via an existing access into the site and a turning area.  The proposed
3-bedroom dwellings would be single storey in height. 
3.3. The proposed materials would be natural sandstone, white wet dash render and
natural slate roof.  The proposed block plan indicates 3 parking spaces, landscaping
and a single garage for each property.  No drawings of the garages have been
submitted. 
4.  Relevant Planning History
4.1.  Planning application EK/07/0465 for the conversion of farm outbuildings to form 4
dwellinghouses and the erection of a replacement dwellinghouse was granted in April
2008.  The replacement house was constructed, hence the development was started. 
Planning application EK/10/0066, was an amendment to EK/07/0465 and was
granted in April 2010 for the conversion of farm buildings to form 3 dwellings plus
formation of turning circle and parking areas (alteration to EK/07/0465).  It was
confirmed by a planning officer in 2013 that ground clearance work, drainage and
installation of hardcore to form a turning circle had been undertaken and, therefore,
the development started. 
Planning application P/19/0374 was granted in September 2019 for the demolition
of existing outbuilding and erection of 2 detached dwellings with garages and
associated parking and turning area.  This consent has expired. 
5.  Supporting Information 
5.1. 
 Bat Survey
 Design statement
 Supporting justification 
6.  Consultations
6.1.  Environmental Services – No objection subject to the imposition of standard
informatives relating to noise, contamination, demolition/asbestos and septic tank.
Response: Noted. 
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6.2. Roads, Transportation and Fleet Services (Development Management) – No
objection subject to the imposition of standard planning conditions relating to visibility,
surfacing and provision of electric vehicle charging point (EVCP) spaces.
Response: Noted. 
6.3. West of Scotland Archaeology Service - No objection. 
Response: Noted 
7  Representations
7.1. Following statutory neighbour notification and advertisement in the local press in
respect of non-notification of neighbours and development potentially contrary to the
development plan, no letters of representation have been received.   
8.  Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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 14 - Design, quality, and place
 Policy 16 - Quality homes
 Policy 17 – Rural homes 
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).  The application site and associated proposals are
affected by the following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies 
 Policy 2 – Climate Change
 Policy 4 – Green Belt and Rural Area
 Policy 5 – Development Management and Placemaking 
SLLDP2 Volume 2 Policies 
 Policy GBRA5 - Redevelopment of Previously Developed Land Containing
Buildings 
9.  Guidance
9.1. None  
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10.  Assessment and Discussion
10.1. The applicant seeks detailed planning consent for the demolition of an existing
outbuilding and the erection of 2 detached dwellings, access road and associated
works at Raws Farm, High Kype Road, Strathaven.  The determining issues in the
consideration of this application are its compliance with the development plan, which
consists of National Planning Framework 4 (adopted 2023) and South Lanarkshire
Local Development Plan 2 (adopted 2021). 
10.2. Principle of Development 
In terms of the principle of development, housing in the countryside is considered
under NPF4 Policy 17 Rural Homes.  This policy applies specifically to rural homes
and aims to encourage, promote and facilitate the delivery of more high quality,
affordable and sustainable rural homes in the right locations.  Development proposals
for new homes in rural areas should be suitably scaled, sited and designed to be in
keeping with the character of the area.  Under Policy 17 development will be supported
where it meets identified policy criteria. 
10.3. In respect of the policy criteria, the site is not identified as a housing site in the SLLDP2. 
The site is located out with the settlement boundary and is therefore not compliant. 
No robust justification has been provided to consider that a return to a natural state for
the land has not or will not happen without intervention over time.  The site is occupied
by a shed which the proposal does not intend to reuse given its condition.  It is not an
historic asset which could be appropriately reused and would not support management
of a rural business; nor is the proposal sought for retirement succession of a viable
farm holding and it does not seek to sub-divide or replace an existing house. 
10.4. The proposal is therefore considered to be contrary to NPF4 Policy 17 as no policy
justification is provided for this proposal and the principle cannot therefore be
established.  Overall, while the site features a disused building, it does not seek to re-
use this building, is unsustainably located, and no case has been made to demonstrate
that a return to a natural state will not happen over time.  Therefore, the proposal
cannot be accepted in principle. 
10.5. In terms of the South Lanarkshire Local Development Plan 2 (SLLDP2), Policy 4 –
Green Belt and Rural Area is also relevant.  This policy states that, within the rural
area, only high-quality, small-scale development in the right place will be supported. 
Development which does not require to be located in the countryside will be required
to be accommodated within existing settlements.  This proposal would result in new
housing on undeveloped land and does not require to be located within the
countryside.  As such, it would be contrary to Policy 4 of the SLLDP2. 
10.6. Policy GBRA5 of SLLDP2 is also relevant as part of the site contains buildings.  This
policy requires that:- 
1. New buildings shall generally occupy the same position on the site as those that
are to be replaced;
2. The physical footprint of the new buildings shall not normally exceed that of the
existing buildings in terms of floor area, unless it can be shown that there will not
be a detrimental landscape impact or that the cost of rehabilitating the site
requires the provision of additional units;
3. In exceptional circumstances and within the Rural Area only, new development
may extend to the existing physical limit of built development within the site,
including any hardstanding areas.  However, justification through the submission
of a design statement will be required to show why this is necessary;  
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4. The proposed houses shall be of a number, scale and design appropriate to the
landscape setting, and to the services and infrastructure available at the location. 
The new development shall be in keeping with the main features of the landscape
and integrate positively with its surroundings.
5. The location, siting and design of the new house(s) shall meet existing rural
design policy and guidance as set out in Policy GBRA1 and in supporting
planning guidance.  Generally, the design, appearance and materials of the
proposed house(s) shall be complementary to the rural setting of the site and
shall respect the character and amenity of the local area. 
This proposal would involve construction on undeveloped land in the rural area,
beyond the extent of the existing building on site, without appropriate justification.  The
proposal would, therefore, be contrary to Policy GBRA5. 
10.7. The applicant’s agent contends that the site history provides an important material
consideration and that there is an extant planning permission for residential use on
this application site (EK/07/0465 and EK/10/0066) and that therefore the principle of
residential use is established on this site.  Additionally, the applicant suggests that the
proposal reuses a brownfield site, the application site was granted permission for a
similar development (P/19/0374) which has only recently expired, and the re-use of
this site would improve the local amenity by demolishing the large, dilapidated shed. 
10.8. It is acknowledged that the previous planning consent (P/19/0374) that has now
expired considered that the removal of the large outbuilding would have a positive
impact on visual amenity and it was considered that the siting of the dwellings were
acceptable at that time in relation to Policy GBRA5 and Policy 4 – Green Belt and
Rural Area and Policy 5 of the South Lanarkshire Local Development Plan. 
10.9. However, it must be acknowledged that P/19/0374 has expired and was assessed
prior to the Council Adopting the South Lanarkshire Local Development Plan 2 and
the introduction of National Planning Framework 4 (NPF4). 
10.10. In this context the application does not seek to reuse a redundant or unused building
and, as such, the current application proposal is contrary to Local and National
Planning Policy. 
10.11. It is acknowledged that there are extant planning permissions which would allow new
residential properties through the conversion of existing farm buildings (excluding the
replacement house that was constructed).  While a large part of the current planning
application site relates to the site of the extant planning consent (EK/10/0066) the
current application site also incorporates an area of land to the western side (which is
part of the rural area) therefore is effectively not an identical application site boundary
and takes in undeveloped land. 
10.12. It is also noted that granting consent for the current proposal would make the rest of
permission EK/10/0066 unimplementable.  The conversion of the existing traditional
buildings could not be achieved as the required garden ground would be removed and
a series of privacy failures created by the new layout. 
10.13. The inconsistency between the two layouts is a material change to EK/10/0066 that
cannot be imposed by this new proposal.  At this time therefore, by virtue of layout,
siting and design the proposed development cannot be adequately accommodated
within the site when taking into account the extant permission.  Additionally, the
requirement for new housing land is dealt with through the local development plan
process which identifies appropriate land for housing.  Overall, on balance it is
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considered the agent’s comments do not provide a justification to demonstrate that the
current proposal can be supported in relation to Policy 17 of NPF4, nor policies 4 and
GBRA5 of SLLDP2 and the proposal is therefore unacceptable in principle.
10.14. Climate Change and Biodiversity 
NPF4 Policy 1 – Tackling the climate and nature crises advises that significant weight
will be given to the global and nature crises when considering all development
proposals.  NPF4 Policy 2 – Climate mitigation and adaptation expands on this
requiring all new developments to be sited and designed to minimise greenhouse gas
emissions as far as possible.  The development is not of a scale which would have a
detrimental impact on climate change or biodiversity. 
10.15. Layout, Siting and Design 
Policy 14 - Design, quality and place of NPF4 advises that proposals will be supported
where they are consistent with the 6 qualities of successful places (Healthy, Pleasant,
Connected, Distinctive, Sustainable, Adaptable).  It confirms that proposals which are
poorly designed, detrimental to the amenity of the surrounding area or inconsistent
with the 6 qualities of place will not be supported.  The proposal is not of a scale which
would justify refusal under policy 14. 
10.16. Policy 16 - Quality homes of NPF4 seeks to encourage, promote and facilitate the
delivery of high quality, affordable and sustainable homes, in the right locations.  It
advises that development proposals for new homes on land not allocated for housing
in the Local Development Plan will only be supported in limited circumstances where:- 
i. the proposal is supported by an agreed timescale for build-out; and
ii. the proposal is otherwise consistent with the plan spatial strategy and other
relevant policies including local living and 20-minute neighbourhoods;
iii. and either:-
 delivery of sites is happening earlier than identified in the deliverable
housing land pipeline; or
 the proposal is consistent with policy on rural homes; or
 the proposal is for smaller scale opportunities within an existing settlement
boundary; or
 the proposal is for the delivery of less than 50 affordable homes 
In terms of Policy 16 of NPF4, the proposal does not comply with the criteria listed
above, and therefore must also be deemed contrary to Policy 16. 
10.17. Travel and Transport
Roads, Transportation and Fleet Services have no objection to the proposal as
detailed previously.   
10.18. Technical Matters 
None 
10.19. Conclusion 
Careful consideration of this proposal has been undertaken and it is considered that
the proposal is an inappropriate form of development within the rural area and that it
would be detrimental to the character and landscape setting of the area. 
10.20.  The proposed development fails to adhere to the provisions of National Planning
Framework 4, with specific regard to Policies 1, 2, 14, 16 and 17.  In addition, the
proposal fails to comply with policies 2 and 4 of the South Lanarkshire Local
Development Plan 2.  As such, it is recommended that the application is refused. 
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11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse for the following reasons:- 
1. The proposal is contrary to Policy 4 of the South Lanarkshire Local Development Plan
2 in that the proposal does not require to be located within the countryside. 
2. The proposal is contrary to Policy GBRA5 of the South Lanarkshire Local
Development Plan 2 in that it would result in expansion into a previously undeveloped
area of land without appropriate justification. 
3. The proposal is contrary to Policy 17 (Rural Homes) of National Planning Framework
4 (NPF4) as it does not meet the criteria listed in the policy for rural development and
therefore fails to encourage, promote and facilitate compact urban growth and use the
land around our towns and cities sustainably. 
4. The proposal is contrary to Policies 16 (Quality homes) and 17 (Rural homes) of
National Planning Framework 4 (NPF4) as it does not constitute the delivery of high-
quality homes in the right locations as set out in the policy criteria nor would it support
the resettlement of previously inhabited areas. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/24/0192 | Demolition of existing outbuilding and erection of 2no. detached dwellings, access road
and associated works | Raws Farm High Kype Road Strathaven ML10 6PR
(southlanarkshire.gov.uk) 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact: 
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk  
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/24/0330
Proposal:  Erection of 4 dwellinghouses (retrospective)
Site Address:  Land 90M SSE of 1 Milton Cottage
Milton Road
Carluke
ML8 5PT 
Applicant:  Simrun Neil
Agent:  George Waterston
Ward:  01 Clydesdale West
Application Type:  Full Planning Permission
Advert Type:  Development Contrary to the Development Plan and Non-Notification
of Neighbours – Lanark Gazette 
Development Plan
Compliance: 
No 
Departures:  Not applicable
Recommendation:  Refuse
Legal Agreement:  Not applicable
Direction to
Scottish Ministers 
Not applicable 
13
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1. Reason for Report
1.1. This application is required to be determined by the Planning Committee.  The Head
of Planning and Regulatory Services in consultation with the Chair of Planning
Committee has determined it raises policy issues meriting consideration by the
Planning Committee. 
1.2. Namely the site is adjacent to an unauthorised dwellinghouse which has been
determined by the Planning Committee to be refused on two occasions.  Subsequently
both applications were dismissed at appeal by the Department of Planning and
Environmental Appeals (DPEA) (see section 4 - Planning History). 
2. Site Description
2.1. The site is located to the southwest of Carluke within open countryside designated as
Green Belt.  The site is accessed by an existing private access track from Milton Road. 
This private access continues as a walking route into Carluke.   
2.2. The application site can be described in three distinct areas, which have been named
Site A, B and C on the submitted plans.  This naming convention will be carried
throughout the report. 
2.3. Site A sits at the most southerly part of the application boundary and is the first site to
be encountered along the private access track.  It is bound on north and western
boundaries by open agricultural land and on the eastern boundary is the private access
track.  To the south there is a line of woodland beyond which there is open agricultural
land. 
2.4. Site B is centrally located within the application site boundary.  Its proposed access is
directly off the private access road.  To the north of Site B lies an unauthorised
dwellinghouse, which has been the subject of two refused applications and dismissed
appeals.  To the east there is an unauthorised residential caravan, which is not part of
the application, and to the west and south lies agricultural land and a body of water. 
2.5. Site C is located to the west, and within the grounds of an existing and authorised
dwellinghouse, Milton Cottage.  To the north of Site C is open agricultural land, to the
east lies 2 residential properties (1 and 2 Milton Cottages) and to the south lies
woodland. 
3. Description of Proposed Development
3.1. The application seeks full planning permission for the erection of 4 dwellinghouses in
retrospect.  The 4 dwellinghouses all relate to single storey chalet type buildings.   
3.2. Site A is proposed to accommodate a 2 bed dwelling with independent access and
area for garden ground is shown. 
3.3. Site B includes two chalets comprising a 2 bed dwelling and 3 bed dwelling.  Each
would have an independent access point and area to the front for parking.  The plans
do not demarcate independent garden areas but there are areas to the rear of the
buildings for rear garden ground. 
3.4. Site C shows a one bed dwelling.  This would be accessed through the existing
dwelling named Milton Cottage and shares the parking and garden arrangement with
this property. 
3.5. The application form details there is no provision for the sustainable drainage of
surface water.  A connection to the public water supply network is proposed.  
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4. Relevant Planning History
4.1. The unauthorised dwellinghouse, referred to earlier, was reported to Planning
Committee in June 2023 under reference P/22/1178 and the associated appeal
dismissed by the DPEA in November 2023.  A second application for the same
proposal was refused at the September 2023 Planning Committee (P/23/0848) and
then the related appeal again dismissed in February 2024. 
4.2. The conclusions of these appeals are pertinent and relevant to this application.  Most
notably to Site B but in principle to all four dwellings that are proposed.  This will be
expanded upon in the assessment section. 
4.3. A planning contravention notice was issued in relation to the chalets under reference
ENP/22/0336.  This notice sought to gather information and no response was received. 
4.4. A previous planning application was submitted on a similar site to that of Site B, in
2021 (P/21/1780).  This was withdrawn before a determination was made. 
4.5. A planning application was approved in September 2020, under a different
development plan, for a dwellinghouse that is now known as Milton Cottage.  Site C
proposes a dwellinghouse in the garden ground of Milton Cottage. 
5. Supporting Information 
5.1. None 
6. Consultations
6.1. Environmental Services – No objection subject to conditions relating to site
investigation.
Response: Noted. 
6.2. Roads, Transportation and Fleet Services (Development Management) – Object to the
proposal, as the private access road would serve more than 5 dwellings it requires to
be upgraded to adoptable standard, which is not proposed.
Response: Noted. 
6.3. Scottish Water – No objection, sufficient capacity for water and waste water. 
Response: Noted. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, one
representation has been received.  The issues raised are summarised as follows:- 
 Number of dwellings on the private access now creates traffic issues. 
The above issues will be considered in the assessment below and full copies are
available to view on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
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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 4 - Natural places 
Policy 8 - Green belts 
Policy 9 - Brownfield, vacant and derelict land and empty buildings 
Policy 14 - Design, quality and place 
Policy 15 - Local living and 20 minute neighbourhoods 
Policy 16 - Quality homes 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council will, therefore,
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).  In this regard the application site and
associated proposals are affected by the following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies 
Policy 1 - Spatial Strategy 
Policy 2 - Climate Change 
Policy 4 - Green Belt and Rural Area 
Policy 5 - Development Management and Placemaking 
Policy 14 - Natural and Historic Development 
SLLDP2 Volume 2 Policies 
Policy GBRA1 - Rural Design and Development 
Policy GBRA5 – Redevelopment of Previously Developed Land Containing Buildings 
Policy GBRA8 – Development of Gap Sites 
Policy GBRA9 – Consolidation of Existing Building Groups 
Policy NHE16 - Landscape 
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. Introduction
Full planning permission is sought for the erection of four dwellinghouses located
within the Green Belt on the outskirts of Carluke.  The main issue to be addressed is
the compliance with the Green Belt policy, to establish the principle of development on
site.  Thereafter, a detailed assessment of layout, siting, design and technical matters
follows.  The relevant policies set out above will be assessed in turn along with any
material considerations. 
10.2. Principle of Development
The aforementioned appeals established that the main consideration was compliance
with the Green Belt Policy.  NPF4 Policy 8 Green Belt policy is two-fold.  Part (i) setting
out the circumstances where development and specifically a dwellinghouse can be
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considered.  Part (ii) then sets out further requirements to be met if a proposal meets
part (i). 
10.3. None of the proposed dwellings relate to housing for a key worker.  Nor do they relate
to a one for one replacement of an existing permanent home or to reuse, rehabilitate,
or convert a historic asset.  Site C and its proposed dwelling is located in the garden
ground of Milton Cottage.  However, the separate dwelling proposed is not ancillary to
the main dwelling of Milton Cottage.  Therefore, none of the four dwellings proposed
in retrospect meet part (i) of NPF4 Policy 8 Green Belt. 
10.4. It is not necessary to then assess the proposal against part (ii).  It carries a requirement
for it to be demonstrated that a Green Belt location is essential.  SLLDP2 Policy 4 also
requires proposals to demonstrate a need to be located in the Green Belt.  The
proposal also fails, in this regard, as there is no essential reason for dwellings to be
located here and an alternative site in a settlement would be more suitable. 
10.5. There are further policies in the SLLDP2 which related to housing in Green Belt, such
as GBRA5, GBRA 8 and GBRA 9.  These related to developing on previously
developed land containing buildings, gap sites and consolidation of a building group. 
Any compliance with these would not override the non-compliance with NPF4 Policy
8 Green Belt.  The appeals have already established that Site B does not meet any of
the aforementioned criteria.  Furthermore, Site A is located on a greenfield site and
isolated.  Site C is situated within the grounds of a building, Milton Cottage.  Site A and
C do not constitute development of previously developed land, a gap site and or a
consolidation of building group.  Therefore, the proposed development does not gain
support from GBRA5, GBRA8 or GBRA9. 
10.6. NPF4 Policy 16 Quality Homes sets out occasions where homes can be supported on
unallocated sites such as this.  SLLDP2 Policy 1 Spatial Strategy seeks to direct larger
development to sustainable urban locations.  The site is not in a sustainable urban
location, therefore it is not in line with the spatial strategy and does not support local
living.  The proposal is not consistent with policy on rural homes or a small-scale
proposal in a settlement boundary.  The proposal is contrary to NPF4 Policy 16 Quality
Homes. 
10.7. Climate Change and Sustainability
Sustainability is a key strand throughout the development plan and a factor considered
in the previous appeals, which is pertinent to Site A, B and C as they all contain the
same locational characteristics. 
10.8. The appeal discussed the sites’ ability to connect to Carluke and policy aims to create
20-minute neighbourhoods and reduce reliance on the private car.  The pedestrian
route into Carluke is unpaved, unlit, with limited overlooking by properties and in poor
weather would make for difficult walking conditions.  The appeals concluded that the
walking route was not appropriate or attractive to walkers or cyclists resulting in any
residents at the proposed dwellings being moderately dependent on the private car. 
As such, the site was concluded to be in an unsustainable location.  The proposed
development does not change this assessment or conclusion. 
10.9. NPF4 Policy 9 details that any reuse of brownfield land requires to be sustainable and
if naturalised any biodiversity value is considered.  The previous appeals concluded
Site B to have the credentials of a brownfield site, located upon a former tileworks.  No
evidence has been submitted to suggest Site A is on brownfield land.  However, it
appears to be located out with the land used for the former tileworks and is considered
greenfield.  It draws no support from this policy.  Site C is located within garden ground
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of Milton Cottage and appears from recent aerial maps to have previously been part
of a field.  However, it may have fallen within land used as part of the former tileworks.   
10.10. Nevertheless, whether brownfield or not the location remains remote from
amenities/services and creates a reliance on the private car.  The location and use is
not sustainable.  The SLLDP2 also states that ‘A brownfield site should not be
presumed suitable for development especially in the Green Belt and Rural Area’. 
SLLDP2 Policy 1 Spatial Strategy supports redevelopment of appropriate brownfield
sites.  Due to the assessment above and unsustainable location this is not deemed an
appropriate brownfield site.  The proposal is contrary to NPF4 Policy 9 and SLLDP2
Policy 1. 
10.11. NPF4 Policy 1 requests that when considering all proposals, significant weight will be
given to the global climate and nature crisis.  NPF4 Policy 2 seeks to ensure proposals
are sited and designed to minimise lifecycle greenhouse gas emissions.  SLLDP2
Policy 2 amongst other aims seeks to ensure proposals are sustainably located.  NPF4
Policy 13 Sustainable Transport and NPF4 Policy 15 Local Living seek to reduce the
need to travel unsustainably.  The development cannot meet the majority of daily
needs by walking, wheeling, cycling or sustainable transport methods. 
10.12. The site has been concluded to be dependent on the private car and is not sustainably
located.  The proposal does not meet the terms of NPF4 Policies 1, 2 and 13 and
SLLDP2 Policy 2. 
10.13. In more detailed terms the SLLDP2 Policy requires that proposals utilise renewable
energy sources.  Policy SDCC7 Low and Zero Carbon Emissions from New Buildings
states that all new buildings must be designed so at least 10% of carbon dioxide
emissions reduction standard set by Building Standards shall be met through the
installation and operation of low and zero carbon generating technologies.  There is
no demonstration of low or zero carbon technologies in the dwellings which have
already been erected. 
10.14. Layout, Siting and Design
The site is located in the Middle Clyde Valley Special Landscape Area, where SLLDP2
Policy 14 and Policy NHE16 and NPF4 Policy 4 apply.  Policies 5 Development
Management and Place Making and GBRA1 Rural Design and Development would
also be applicable to any housing in the Green Belt.  Given the principle of
development is not considered to be acceptable in this location, the design of the
proposed dwelling is not considered a determining factor. 
10.15. The buildings are simple in form and are small scale.  Some features could be
improved for the countryside location including the roofing material and the use of
timber fences should be avoided.  Overall, with amendments, the proposal could have
been made acceptable in design terms. 
10.16. Technical Matters
SLLDP2 Policy 5 Development Management and Placemaking and SLLDP2 Policy
DM1 New Development Design require appropriate provision of road layout and
parking.  Roads and Transportation consultee sets out that at nine dwellings the
private access road would be required to be improved to adoptable standards.  This
has not been demonstrated as part of the application.  The proposal is deemed
contrary to SLLDP2 Policy 5 and Policy DM1.  
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10.17. Conclusion 
In summary, taking all of the above into account, it is considered that the proposed
development of four dwellings within the Green Belt, in an unsustainable location,
moderately dependent on the private car, without demonstrating suitable access
improvements, constitutes inappropriate development and there are no exceptions in
policy in either NPF4 or SLLDP2 which would justify a departure.  This is consistent
with the position that was established by two previous refusals which had appeals
dismissed. 
10.18. The proposed development fails to adhere to the provisions of the development plan,
with specific regard to Policies 1, 2, 8, 9, 14 and 16 of National Planning Framework 4
(adopted 2023) and Policies 2, 4, 5, DM1, SDDC7, GBRA5, GBRA8 and GBRA9 of
the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no
material considerations which would outweigh this variance with the development
plan.  In view of this, it is recommended that the application is refused retrospective
planning permission. 
11. Recommendation and Reasons
11.1. The Committee is asked to agree the following recommendation:- 
Refuse planning permission for the following reasons:- 
1. The proposal is contrary to Policy 4 – (Green Belt and Rural Area) of the South
Lanarkshire Local Development Plan 2 as it constitutes an inappropriate form of
development, that cannot be justified under policies GBRA5, GBRA8 or GBRA9
and which adversely affects the character of the Green Belt at this location. 
2. The proposal is contrary to Policy 2 – Climate Change of South Lanarkshire Local
Development Plan 2 as the site is not sustainably located and fails to incorporate
low and zero carbon generating technologies. 
3. The proposal is contrary to Policy 5 Development Management and Placemaking
and Policy DM1 New Development Design of SLLDP2 as it has not been
demonstrated that the private access road can be improved to adoptable standard
and demonstrate appropriate provision of access and road layout. 
4. The proposal is contrary to Policy SDCC7 – Low and Zero Carbon Emissions from
New Buildings of South Lanarkshire Local Development Plan 2 as the site fails to
incorporate low and zero carbon generating technologies. 
5. The proposal is contrary to Policy 8 – Green belts of National Planning Framework
4 as it does not meet the criteria set out in the policy for green belt development
and as such fails to encourage, promote and facilitate compact urban growth and
use the land around our towns and cities sustainably. 
6. The proposal is contrary to Policy 2 - Climate mitigation and adaption of National
Planning Framework 4 as the proposal fails to be sited to minimise lifecycle
greenhouse gas emissions. 
7. The proposal is contrary to Policy 9 - Brownfield, vacant and derelict land and
empty buildings of National Planning Framework 4 as the site is not considered a
sustainable reuse of brownfield land.  
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8. The proposal is contrary to Policy 14 – Design, Quality and Place of National
Planning Framework 4 as it is not consistent with the 6 qualities of successful
places.  Specifically, it fails to achieve the characteristics of a sustainable place. 
9. The proposal is contrary to Policy 16 – Quality Homes of National Planning
Framework 4 as it does not constitute the delivery of high quality homes in the right
locations as set out in the policy criteria. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/24/0330 | Erection of 4 dwellinghouses (retrospective) | Land 90M SSE Of 1 Milton Cottage
Milton Road Carluke ML8 5PT 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 27 August 2024 
Report by: Executive Director (Community and Enterprise
Resources) 
Reference no:  P/24/0449 
Proposal:  Erection of 19 houses (including 8 cottage flats) and formation of new
access road, landscaping and fencing 
Site Address:  Site of Former McWhirter House, Raploch Street, Larkhall
Applicant:  South Lanarkshire Council
Agent:  South Lanarkshire Council
Ward:  20 – Larkhall
Application Type:  Full planning permission
Advert Type:  Non-notification of Neighbours: Hamilton Advertiser 25 April 2024 
Development Plan
Compliance: 
Yes 
Departures:  N/A 
Recommendation:  Grant subject to conditions
Legal Agreement:  No 
Direction to
Scottish Ministers 
No 
14
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1. Reason for Report
1.1. This application is being presented to the Planning Committee for determination as
the proposal is for more than 10 residential units, as detailed in paragraph 3.5 (f) of
the Decision Making Process (April 2015). 
2. Site Description
2.1. The planning application site extends to 0.7ha and is situated in an established
residential area, within the settlement boundary of Larkhall.  The site is situated within
close proximity to Larkhall town centre. 
2.2. The site relates to an area of vacant land which previously accommodated McWhirter
House care home, however, this building was demolished in May 2024.  In addition,
the north eastern part of the site accommodates a single storey vacant property,
formerly the Nisbet Day Centre, and there are a number of trees remaining on the site. 
The topography of the site is relatively level.  The pedestrian access to the site is from
an existing footpath network and there are two existing vehicular accesses to the site,
from Raploch Road and Watson Street. 
2.3. The site is enclosed to the north by existing residential properties, a parking courtyard
and domestic garages.  The site is bounded to the east by Raploch Street, a main
route through Larkhall, and further by residential properties, Larkhall Thistle football
stadium and an advertisement hoarding.  To the south the site is enclosed by Watson
Street and further by an area of open space and residential properties.  To the west
the site is enclosed by a footpath network and further by residential properties. 
3. Description of Proposed Development
3.1. Planning permission is sought for the erection of 19 houses for social rent, and the
formation of a new access road, landscaping and fencing at the site of the former
McWhirter House in Larkhall. 
3.2. The proposal includes the formation of a new vehicular access from Watson Street
and the formation of pedestrian accesses from Raploch Street and Watson Street and
footpath links throughout the site.  In addition, the development includes 30 off street
parking spaces associated with the residential units.  The proposal also includes a
new landscaping scheme and the retention of a number of the existing trees. 
4. Relevant Planning History
4.1. There is no relevant planning history relating to this site.   
5. Supporting Information 
5.1. In support of the planning application, the following has been submitted:- 
 Design and Access Statement
 Tree Survey Report 
 Preliminary Ecological Appraisal and Preliminary Roost Assessment 
 Bat Activity Survey
 Geo Environmental Desk Study 
6. Consultations
6.1. Environmental Services - No objections to the proposal. 
Response: Noted. 
6.2. Scottish Water - No objection to the proposal.
Response: Noted.  
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6.3. Roads Development Management Team - No objection to the proposed development,
subject to conditions relating to the provision of wheel washing facilities, the
submission of further details of the surface water drainage arrangements and the
submission of a Construction Traffic Management Plan. 
Response: Noted. 
6.4. The Coal Authority – Whilst noting the presence of coal mining features and hazards
within the application site and surrounding area, the Coal Authority have no objection
to the proposal subject to the attachment of conditions and informatives relating to the
undertaking of remediation and mitigation works at the site.   
Response: Noted. 
6.5. West of Scotland Archaeology Service - No objection to the proposal, subject to a
condition relating to the implementation of a programme of archaeological works.
Response: Noted. 
7.   Representations
7.1. Following the statutory period of neighbour notification and advertisement, one
representation has been received.  The issues raised are summarised as follows:- 
 During the demolition of McWhirter House, there were vibrations and noise
disruption which may occur again during construction on site.  
 The proposal will exacerbate the existing traffic and parking issues in the area.
 The development will result in construction traffic and the subsequent associated
noise and air pollution levels.
 Concern regarding the possibility of disruption and loss of services such as
water, drainage, gas or electricity supplies when connections are made to the
proposed dwellings. 
7.2. The above issues are considered in the assessment below and full copies are
available to view on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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 4 - Natural Places 
 Policy 9 - Brownfield, Vacant and Derelict Land and Buildings
 Policy 13 - Sustainable Transport 
 Policy 14 - Design, Quality and Place
 Policy 15 - Local Living and 20 Minute Neighbourhoods
 Policy 16 - Quality Homes  
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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 3 - General Urban Areas
 Policy 5 - Development Management and Placemaking
 Policy 15 - Travel and Transport
 Policy DM1 - New Development Design 
9.   Guidance
9.1. None. 
10.   Assessment and Discussion
10.1. Detailed planning permission is sought for the erection of 19 houses, including 8
cottage flats, and the formation of a new access road, landscaping and fencing at the
site of the former McWhirter House, Raploch Street, Larkhall.  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. Principle of Development
Policy 9 of NPF4 identifies that proposals for the re-use of vacant brownfield land and
existing buildings will be supported as this will maximise the use of existing assets and
minimise additional land take.  The proposal relates to the sustainable re-use of vacant
land within an established urban area to provide residential accommodation. 
Subsequently, the proposal accords with the provisions of Policy 9 of NPF4.   
10.3. Policy 16 of the NPF4 seeks to encourage, promote, and facilitate the delivery of more
high quality, affordable and sustainable homes, in the right locations.  The site is not
allocated for housing within the LDP, therefore in terms of Policy 16 part (f), the
proposal is contained within the defined settlement boundary where the principle of
development is considered to be acceptable in accordance with the LDP and NPF4
and is therefore considered to comply with part (iii) as the proposal is for smaller scale
opportunities within an existing settlement boundary.  A timing condition will be applied
to any permission granted in line with part (i).   
10.4. Overall, the principle of the small-scale housing development can therefore be
accepted in this case.  For the avoidance of doubt, Policy 16 part (e) is not applicable
in this case as affordable housing contributions are not required as the development
relates to provision of accommodation for the social rented sector by South
Lanarkshire Council.  Therefore, the principle of the development of the site for a
residential use raises no issues within the context of Policy 16 of NPF4. 
10.5. The site is affected by Policy 3 of the adopted Local Development Plan which
establishes that residential developments, and those of an ancillary nature, may be
considered acceptable provided that they do not have a significant adverse impact on
the amenity and character of the area.  The majority of the site was previously
occupied by a care home with associated access and parking and therefore the
principle of residential accommodation at this site has been established. 
Subsequently, it is considered that the proposed development would not result in a
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significant adverse impact on residential amenity or the established character of the
area and therefore raises no issues within the context of Policy 3 of the adopted Local
Development Plan. 
10.6. Policies 1 and 2 of the adopted Local Development Plan and National Planning
Framework 4 encourage sustainable economic growth and regeneration, a move
towards a low carbon economy, the protection of the natural and historic environment
and mitigation against the impacts of climate change.  The proposal involves the
regeneration of a derelict site within Larkhall and therefore raises no issues within the
context of Policies 1 and 2 of the adopted Local Development Plan.   
10.7. Layout, Siting and Design
Policies 14 and 15 of NPF4 relate to 20 minute neighbourhoods and liveable places. 
Policy 14 sets out that all development should be designed to improve the quality of
an area and be consistent with the six qualities of a successful place: healthy,
pleasant, connected, distinctive, sustainable and adaptable.  Policy 15 establishes that
development proposals should contribute to local living and 20 minute
neighbourhoods. 
10.8. The proposed development site is located within the Larkhall settlement boundary,
within walking distance of the town centre, which has a wide range of facilities and
services.  The site is enclosed by Raploch Road, which is a key route through Larkhall,
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 site 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. 
10.9. In terms of the detailed design of the development, Policies 5 and DM1 of the adopted
Local Development Plan generally require new development to have due regard to the
layout, form, design and local context of the area, and to promote quality and
sustainability in its design.  The proposed development relates to a range of house
types to provide choice and meet the diverse needs of the local community.  It is
considered that the design, location and scale of the proposed development is
acceptable and will not result in a significant adverse impact on any adjacent dwellings
in terms of overshadowing, overlooking or loss of privacy. 
10.10. 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 application includes the removal of
some trees to accommodate the development, the proposal has been designed to
ensure the retention of as many trees as feasible within the site.  The proposal includes
a new landscaping scheme which will improve the biodiversity impact of the
development, in accordance with the provisions of Policy 3 of NPF4.   
10.11. Policy 4 of NPF4 requires that where proposals are likely to have an impact on a
protected species, steps must be taken to establish its presence and a level of
protection then afforded.  A Preliminary Ecological Appraisal and Preliminary Roost
Assessment and a Bat Activity Survey have been submitted to the Planning Service,
in accordance with the provisions of Policy 4 of NPF4.      
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10.12. 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 support sustainable travel and generally
address these infrastructure requirements, in accordance with the provisions of Policy
13 of NPF4. 
10.13. Policy 15 of the adopted Local Development Plan seeks to ensure that development
considers, and where appropriate, mitigates the resulting impacts of traffic growth and
encourages sustainable transport options that take account of provision for walking,
cycling and public transport.  In this regard, the site is situated in close proximity to the
town centre and adjacent to a main route through Larkhall, 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 including
during the construction period.  It is noted that the issues raised relating to construction
traffic and parking would be addressed through the submission of a Construction
Traffic Management Plan.  Subsequently, it is considered that the proposal accords
with the provisions of Policy 15 of the adopted Local Development Plan. 
10.14. In relation to the other matters raised regarding the general construction noise,
vibration and air pollution from the associated traffic it is noted that, similar to any
construction site, the proposal is anticipated to result in some local disruption in the
short term.  However, the issue of construction noise and vibration can be addressed
through the use of planning advisory notes.  With regards to the issue of the potential
disruption to services, this is a matter which is not a material consideration in the
determination of the current planning application. 
10.15. Conclusion 
In conclusion, the proposal relates to the creation of a high quality housing
development on a vacant site which will provide affordable accommodation for the
social rented sector.  The design, layout and general impact of the development is
considered to be acceptable and the proposal raises no significant environmental or
infrastructure issues.  Overall, it is considered that the proposal complies with the
provisions of the relevant policies within the National Planning Framework 4 and the
South Lanarkshire Local Development Plan.  It is therefore recommended that the
application be granted subject to the conditions listed. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant full planning permission subject to 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).  
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02. That before any development commences on site or before any materials are
ordered or brought to the site, details and samples of all materials to be used
as external finishes on the development shall be submitted to and approved in
writing by the Council as Planning Authority.    
Reason: To ensure the development is satisfactory in appearance and to
maintain the visual quality of the area. 
03. That no development shall commence on site until details of surface water
drainage arrangements have been submitted to and approved in writing by the
Council as Planning Authority; such drainage arrangements will require to
comply with the principles of sustainable urban drainage systems and with the
Council's Sustainable Drainage Design Criteria and shall include signed
appendices as required.  The development shall not be occupied until the
surface drainage works have been completed in accordance with the details
submitted to and approved by the Council as Planning Authority.    
Reason: To ensure that the disposal of surface water from the site is dealt with
in a safe and sustainable manner, to return it to the natural water cycle with
minimal adverse impact on people and the environment and to alleviate the
potential for on-site and off-site flooding. 
04. No dwellinghouse shall be occupied until the applicant provides written
confirmation from Scottish Water to the Council as Planning Authority that the
site can be satisfactorily served by a sewerage scheme designed in accordance
with Scottish Water's standards.     
Reason: To ensure the provision of a satisfactory sewerage system. 
05. That prior to any works commencing on site, a Construction Traffic
Management Plan (CTMP) shall be submitted to and approved in writing by the
Council as Roads and Planning Authority.  This document should provide
details of access and parking provision for staff and visitors, intended working
hours, how deliveries of materials will be managed and stored and the provision
of wheel washing facilities to prevent mud being carried on to the adopted road.    
Reason: In the interests of traffic and public safety as well as to preserve the
amenity of the surrounding area. 
06. 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. 
07. That no development shall commence on site until any remediation works
and/or mitigation measures to address the shallow mine workings, as may be
necessary, have been implemented in full to ensure that the site is safe and
stable for the development to the satisfaction of the Council as Planning
Authority. 
Reason: To ensure the stability of the site. 
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08. That prior to the occupation of the development, a signed statement or
declaration prepared by a suitably competent person confirming that the site is
safe and stable for the approved development, which includes the methods and
findings of the intrusive site investigations and details of any remedial works to
address the risks posed by the recorded mine entry, shall be submitted to and
approved in writing by the Council as Planning Authority. 
Reason: In the interests of public safety. 
09. That no development shall commence on site until the developer has secured
the implementation of a programme of archaeological works in accordance with
a written scheme of investigation which has been submitted to and approved in
writing by the Council as Planning Authority and by the West of Scotland
Archaeology Service.  Thereafter the developer shall ensure that the
programme of archaeological works is fully implemented and that all recording
and recovery of archaeological resources within the site is undertaken to the
satisfaction of the Planning Authority in agreement with the West of Scotland
Archaeology Service.     
Reason: These details have not been submitted or approved. 
12. Reason for Decision
12.1. The proposal raises no significant adverse amenity, environmental or infrastructure
issues and complies with Policies 1, 2, 3, 4, 9, 13, 14, 15 and 16 of the National
Planning Framework 4 and raises no issues within the context of Policies 1, 2, 3, 5, 15
and DM1 of the adopted South Lanarkshire Local Development Plan 2.  There are no
other material considerations which would justify the refusal of planning permission. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 19 August 2024 
Background Papers
Further information relating to the application can be found online:-
P/24/0449 | Erection of 19 houses (including 8 cottage flats) and formation of new access road,
landscaping and fencing | Site Of Former McWhirter House Raploch Street Larkhall ML9 1BZ
(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 
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