Agenda Document Pack - Planning Committee - 27/08/2024
South Lanarkshire Council · 27 August 2024
Back to Planning Committee — 27 August 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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 1
Page 2
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 2
Page 3
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 3
Page 4
4
Page 5
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:- 2 5
Page 6
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. 6
Page 7
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)] 7
Page 8
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. 8
Page 9
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. 9
Page 10
10
Page 11
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 11
Page 12
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. 12
Page 13
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 13
Page 14
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 14
Page 15
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 15
Page 16
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) 16
Page 17
- 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. 17
Page 18
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
Page 21
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 21
Page 22
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); 22
Page 23
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); 23
Page 24
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 24
Page 25
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: 25
Page 26
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:- 26
Page 27
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 27
Page 28
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:- 28
Page 29
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. 29
Page 30
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 30
Page 31
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. 31
Page 32
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 34
Page 35
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 35
Page 36
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 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 36
Page 37
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; 37
Page 38
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. 38
Page 39
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 39
Page 40
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. 40
Page 41
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 41
Page 42
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. 42
Page 43
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 43
Page 44
44
Page 45
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 45
Page 46
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 46
Page 47
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. 47
Page 48
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 48
Page 49
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:- 49
Page 50
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 50
Page 51
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 51
Page 52
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. 52
Page 53
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:- 53
Page 54
(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.
54Page 55
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
55Page 56
(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. 56
Page 57
(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. 57
Page 58
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. 58
Page 59
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. 59
Page 60
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. 60
Page 61
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 61
Page 62
62
Page 63
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 63
Page 64
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. 64
Page 65
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. 65
Page 66
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:- 66
Page 67
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 and requirements set out in the Assessment Checklist for Renewable Energy 67
Page 68
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 68
Page 69
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 69
Page 70
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. 70
Page 71
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. 71
Page 72
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 72
Page 73
73
Page 74
74
Page 75
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 75
Page 76
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. 76
Page 77
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. 77
Page 78
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:- 78
Page 79
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 79
Page 80
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 80
Page 81
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 81
Page 82
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. 82
Page 83
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 83
Page 84
84
Page 85
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 85
Page 86
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. 86
Page 87
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. 87
Page 88
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. 88
Page 89
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 89
Page 90
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 90
Page 91
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. 91
Page 92
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. 92
Page 93
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. 93
Page 94
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. 94
Page 95
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. 95
Page 96
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 96
Page 97
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. 97
Page 98
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 98
Page 99
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 99
Page 100
100
Page 101
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 8 101
Page 102
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. 102
Page 103
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 103
Page 104
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. 104
Page 105
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. 105
Page 106
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. 106
Page 107
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 107
Page 108
108
Page 109
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 9 109
Page 110
110
Page 111
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 10 111
Page 112
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. 112
Page 113
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. 113
Page 114
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. 114
Page 115
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. 115
Page 116
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. 116
Page 117
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. 117
Page 118
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 118
Page 119
119
Page 120
120
Page 121
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 11 121
Page 122
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 122
Page 123
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. 123
Page 124
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? 124
Page 125
⧫ 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. 125
Page 126
⧫ 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). 126
Page 127
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. 127
Page 128
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 128
Page 129
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. 129
Page 130
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. 130
Page 131
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. 131
Page 132
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 132
Page 133
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, 133
Page 134
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. 134
Page 135
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 135
Page 136
P/24/0112 136
Page 137
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 12 137
Page 138
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. 138
Page 139
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 139
Page 140
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; 140
Page 141
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 141
Page 142
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. 142
Page 143
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 143
Page 144
144
Page 145
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 13 145
Page 146
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. 146
Page 147
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. 147
Page 148
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 148
Page 149
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 149
Page 150
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. 150
Page 151
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. 151
Page 152
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 152
Page 153
153
Page 154
154
Page 155
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 14 155
Page 156
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. 156
Page 157
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 157
Page 158
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 158
Page 159
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. 159
Page 160
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). 160
Page 161
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. 161
Page 162
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 162
Page 163
163
Page 164
164