Agenda Document Pack - Planning Committee - 24/09/2024
South Lanarkshire Council · 24 September 2024
Back to Planning Committee — 24 September 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, 16 September 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, 24 September 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 Planning Committee held on 27 August 2024 submitted for approval as a correct record. (Copy attached) 5 - 16 Item(s) for Decision 3 Application P/23/1116 for Installation of Battery Storage Facility (Consultation from Scottish Ministers Under S36 of the Electricity Act 1989) at Land North of Cairnhouses Road, Lesmahagow (B7078) Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 17 - 28 4 Application P/24/0162 for Erection and Operation of Wind Farm Consisting of up to 10 Turbines of Varying Heights, With a Maximum Height to Blade Tip of 250 Metres and Associated Infrastructure (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Bankend Rig III, Strathaven Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 29 - 48 5 Application P/24/0320 for Erection of a 400kV Electrical Substation, Associated Groundworks, Vehicular Access Road, Water Detention Pond, Temporary Construction Compound and Car Park Area, and Provision of Temporary Soil Storage Area at Land 275 Metres North of Coalburn Substation, B7078 from Cairnhouses C13 to Millbank Interchange A70, Lesmahagow, Lanark Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 49 - 60 6 Application P/24/0607 for Formation of Tourist Accommodation on Undeveloped Land, Including Erection of 6 Log Cabins, Formation of Vehicle Access, Creation of a Car Park and Associated Infrastructure (in Part Retrospective) at Land 140 Metres West of Brownlee House, Mauldslie Road, Carluke Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 61 - 70 7 Application P/24/0686 for Erection of 12 Dwellings with Associated Access, Parking and Landscaping at Site to Rear of 14-32 Kingston Crescent, Kingston Crescent, East Kilbride Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 71 - 82 8 Application P/24/0739 for Erection of 182 Houses with Associated Roads, Drainage, Landscaping and Open Space (Amendment to P/24/0019) at Land 360 Metres North Northeast of Hallside Manse, Manse Brae, Cambuslang Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 83 - 94 2
Page 3
9 Application P/24/0804 for Erection of a Dwelling House, Detached Garage with Associated Off Road Parking and Landscaping at Bughtknowes Farm, Tashieburn Road, Forth Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 95 - 102 10 Application P/24/0840 for Erection of Temporary Accommodation, Community Hub, Associated Landscaping and Access (Class 8) at Site of Former Westfield Saw Mills, Harriet Street, Rutherglen Report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 103 - 110 Urgent Business 11 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 27 August 2024 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Elise Frame, Councillor Alistair Fulton, Councillor Celine Handibode, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors’ Apologies: Councillor Archie Buchanan, Councillor Joe Fagan (ex officio), Councillor Graeme Horne, Councillor Martin Lennon, Councillor Monique McAdams Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services; S Laird, Engineering Manager (Transportation Engineering); C Park, Head of Roads, Transportation and Fleet Services; D Russell, Planning Area Manager (West Team); J Weir, Planning Team Leader (West Team) Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests The following interest was declared:- Councillor(s) McDonald Item(s) 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 Nature of Interest(s) Chair of the Machan Trust which had issued an email of support to members of the Planning Committee 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 25 June 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 2 5
Page 6
3 Review of the Planning Section of the Scheme of Delegation Relating to Planning Applications A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted requesting endorsement of proposed updates to the Planning section of the Council’s Scheme of Delegation. Section 43A of the Town and Country Planning (Scotland) Act 1997 required 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 stated that the Planning Authority must prepare a Scheme of Delegation at intervals of no greater than every 5 years. A review of the current Scheme highlighted that some of the information was outdated, and new legislation was required to be incorporated into the Scheme. The review generally sought 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, consolidated 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 was 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. It was highlighted that all major and national developments and any applications subject to an objection from a statutory consultee would be determined by the Planning Committee. A summary of the proposed changes was provided in Appendix 1 to the report, with a marked up copy of the relevant revised extract attached as Appendix 2 and an unmarked copy of the relevant revised extract attached as Appendix 3 to the report. The Planning Service was undertaking a separate review of a decision-making guide which would sit alongside the Scheme of Delegation and would be subject to approval by the Planning Committee. This guide would set out in detail processes relating to committee and delegated procedures. It would provide context to matters such as valid representations, pre- determination hearings and appeal processes. The main proposed change to the Scheme of Delegation was where the threshold for the number of objections was to be raised from more than 5 to ‘10 or more’. This had been considered following a review of other authorities as well as taking into consideration the nature of the Council with regards to the urban settlement sizes and rural expanse. A comparison table, showing the threshold of the number of objections within other local authorities, was shown in Appendix 5 to the report. If the proposals outlined were 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 to the report. Any changes to the Planning section of the Scheme of Delegation would require approval by the Council. If approved, there was a legislative requirement for the Planning Authority to submit a copy of the Scheme to the Scottish Ministers for approval. The Planning Authority must not adopt the Scheme until it had been approved by the Scottish Ministers. 6
Page 7
Following discussion, during which an officer responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved the recommendations in the report. Councillor Lambie, seconded by Councillor Ross, moved as an amendment that the proposed changes to the Planning section of the Council’s Scheme of Delegation, in relation to planning applications, be endorsed subject to the threshold for the number of objections remaining at ‘more than 5’, as per paragraph 17, part (b) of the revised Scheme of Delegation, attached as Appendix 2 to the report. On a vote being taken using the electronic voting system, 5 members voted for the motion and 16 for the amendment which was declared carried. The Committee decided: (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 the Council, subject to the threshold for the number of objections remaining at ‘more than 5’, as per paragraph 17, part (b) of the revised Scheme of Delegation, attached as Appendix 2 to the report; and (2) that it be noted that any changes to the Planning section of the Council’s Scheme of Delegation approved by the Council would require to be notified to the Scottish Ministers for approval prior to the adoption. [Reference: Minutes of South Lanarkshire Council of 27 March 2024 (Paragraph 9)] 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0645 by Grayside WF Limited for the erection and operation of a 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. The proposal had been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as it had an electricity generating capacity of over 50 megawatts (MW). As a result, the Council was a consultee to the application and not the consenting authority. The application was considered acceptable on the basis that it accorded with the relevant policies in the National Planning Framework 4 and adopted South Lanarkshire Local Development Plan 2. The Committee decided: (1) that the Scottish Government be informed that South Lanarkshire Council had no objections to planning application P/22/0645 by Grayside WF Limited for the erection and operation of a 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, subject to the conditions specified in the Executive Director’s report; 7
Page 8
(2) that the Head of Planning and Regulatory Services be authorised to undertake any discussions in relation to further agreements on the proposed conditions, if required, with the Scottish Government; and (3) that, in addition, the Scottish Government be advised that approval should be subject to the conclusion of a legal agreement covering:- community contribution payments the applicant meeting the Council’s costs associated with the legal agreements [Reference: Minutes of 7 July 2015 (Paragraph 15) 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0881 by BayWa r.e. UK Limited for the 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. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/22/0881 by BayWa r.e. UK Limited for the 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 be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0973 by D Bertram for the 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. 8
Page 9
The Committee decided: that planning application P/22/0973 by D Bertram for the 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 be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0293 by Persimmon Homes for the erection of 224 houses with associated infrastructure and landscaping at land 350 metres southeast of Wellburn Farm, Strathaven Road, Lesmahagow. At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning applications which required completion of a Legal Agreement. If approved, the application would be subject to a Legal Agreement and/or other appropriate mechanism and the approved procedure would apply. There followed a discussion on the application during which officers responded to members’ questions on aspects of the report. The Committee decided: that planning application P/23/0293 by Persimmon Homes for the erection of 224 houses with associated infrastructure and landscaping at land 350 metres southeast of Wellburn Farm, Strathaven Road, Lesmahagow be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of a Section 75 Agreement and/or other appropriate agreement between the Council, site owner(s) and applicant [Reference: Minutes of 7 July 2015 (Paragraphs 12 and 15)] 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1277 by Mr and Mrs B Warnock for the 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. There followed a discussion on the application during which the Chair and an officer responded to members’ questions on aspects of the report. 9
Page 10
The Committee decided: that planning application P/23/1277 by Mr and Mrs B Warnock for the 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 be refused for the reasons detailed in the Executive Director’s report. 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, Landscaping and SUDS at Land to the East of Redwood Drive, East Kilbride A report dated 20 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1501 by South Lanarkshire Council for the proposed transport interchange development to form a 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, landscaping and SUDS at land to the east of Redwood Drive, East Kilbride. There followed a discussion on the application during which officers responded to members’ questions on aspects of the report. The Committee decided: that planning application P/23/1501 by South Lanarkshire Council for the 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 changing facility, cycle storage, signalised junctions, lighting, installation of CCTV, landscaping and SUDS at land to the East of Redwood Drive, East Kilbride be granted subject to:- the conditions specified in the Executive Director’s report an amended condition 11 as follows:- “Notwithstanding the details hereby approved, prior to the development coming into use, controlled pedestrian crossing facilities shall be introduced and constructed at the following locations:- a) Redwood Drive near its junction with Eaglesham Road b) Eaglesham Road in the vicinity of Blaeshill Road c) Eaglesham Road near to the Strathnairn Avenue/St James Avenue roundabout 10
Page 11
Full details of the proposed crossings shall be submitted for approval and, thereafter, the pedestrian crossings shall be designed and constructed to the satisfaction of the Council as Roads Authority so as to provide safe crossing facilities for those accessing the proposed development. Reason In the interests of encouraging a more sustainable means of travel to and from the proposed development and in the interests of public safety.” 10 Application P/23/1543 for Demolition and Rebuild of 2-Storey House at 9 Sunningdale Wynd, Bothwell A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1543 by A Waseem for the demolition and rebuild of a 2-storey house at 9 Sunningdale Wynd, Bothwell. At its meeting on 28 May 2024, the Committee deferred the application to allow a site visit to take place. Members of the Planning Committee had since undertaken an accompanied site visit on Thursday 22 August 2024. Following discussion, during which an officer responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Devlin, seconded by Councillor McDonald, moved that the application be refused on the grounds of public safety as the site was too confined for the demolition of the house. On a vote being taken using the electronic voting system, 7 members voted for the amendment, 1 member abstained, and 13 members voted for the motion which was declared carried. The Committee decided: that planning application P/23/1543 by A Waseem for the demolition and rebuild of a 2-storey house at 9 Sunningdale Wynd, Bothwell be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 12 March 2024 (Paragraph 12) and 28 May 2024 (Paragraph 6)] 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0112 by McDonald’s Restaurants Limited for the erection of a 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. 11
Page 12
Following discussion, during which officers responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be refused for the reasons detailed in the Executive Director’s report. Councillor Clark, seconded by Councillor Shearer, moved that the application be granted subject to appropriate conditions being prepared by officers on the grounds that, although the development was contrary to the Development Plan, a departure from the Development Plan was justified as the economic benefits outweighed the policy concerns outlined in the Executive Director’s report. On a vote being taken using the electronic voting system, 5 members voted for the motion, 1 member abstained, and 13 members voted for the amendment which was declared carried. The Committee decided: that planning application P/24/0112 by McDonald’s Restaurants Limited for the erection of a 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 be granted subject to the conditions attached as Appendix 1 to this minute. [Reference: Minutes of 1 November 2016 (Paragraph 16)] Councillor McDonald, having declared an interest in this item, withdrew from the meeting during its consideration Councillor Donnelly left and re-joined the meeting during this item of business due to technical difficulties and was unable to participate in the vote In terms of Standing Order No 14, the Chair adjourned the meeting at 11.47am for a 10-minute period. The meeting recommenced at 11.57am 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0192 by RM and KM Development Limited for the demolition of an existing outbuilding and erection of 2 detached houses, access road and associated works at Raws Farm, High Kype Road, Strathaven. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/0192 by RM and KM Development Limited for the demolition of an existing outbuilding and erection of 2 detached houses, access road and associated works at Raws Farm, High Kype Road, Strathaven be refused for the reasons detailed in the Executive Director’s report. 12
Page 13
13 Application P/24/0330 for Erection of 4 Houses (Retrospective) at Land 90 Metres South Southeast of 1 Milton Cottage, Milton Road, Carluke A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0330 by S Neil for the erection of 4 houses (retrospective) at land 90 metres south southeast of 1 Milton Cottage, Milton Road, Carluke. The Committee decided: that planning application P/24/0330 by S Neil for the erection of 4 houses (retrospective) at land 90 metres south southeast of 1 Milton Cottage, Milton Road, Carluke be refused for the reasons detailed in the Executive Director’s report. Councillor Frame left the meeting during consideration of this item of business 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 A report dated 19 August 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0449 by South Lanarkshire Council for the 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. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/0449 by South Lanarkshire Council for the 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 be granted subject to the conditions specified in the Executive Director’s report. 15 Urgent Business There were no items of urgent business. 13
Page 14
Application P/24/0112 - Conditions and Reasons Appendix 1 Application P/24/0112 by McDonald’s Restaurants Limited for the erection of a 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 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. Deliveries to the premises shall be restricted to the following hours of operation:- Mondays to Fridays: Between 08:00 and 20:00 Saturdays: Between 08:00 and 12:00 Reason: In the interests of amenity. 03. That the proposed opening hours shall be restricted to between the hours of 06:00 and 23:00. Reason: In the interests of amenity. 04. No above ground development shall commence until remedial stabilisation works and any necessary mitigatory measures to address land instability arising from shallow coal mining legacy have been carried out in full, in order to ensure that the site is made safe and stable for the development proposed. The remedial works shall be carried out in accordance with authoritative UK guidance. Reason: To mitigate against ground instability on site for the lifetime of the development. 05. Prior to the occupation of the development, a signed statement or declaration prepared by a suitably competent person confirming that the site has been made safe and stable for the approved development shall be submitted to the local Planning Authority for approval in writing. This document shall confirm the completion of the remedial works and any mitigatory measures necessary to address the risks posed by past coal mining activity. Reason: To mitigate against ground instability on site for the lifetime of the development. 06. That no development shall commence until details of surface water drainage arrangements (including provision of a drainage assessment and maintenance responsibilities) 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 requirements (Appendices A, B, C, D and E). 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. 07. That the proposed works will be carried out in accordance with the findings/mitigation measures of the Econ Tree Survey Report (February 2023) and Encon Ecological Appraisal (April 2023). Reason: To ensure that the existing trees and ecology are adequately protected. 14
Page 15
08. That the approved landscaping scheme shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following completion of the development hereby approved. Reason: In the interests of the visual amenity of the area. 09. The landscaping shall be maintained in accordance with the Econ Landscape Maintenance Plan January 2024. Reason: In the interests of the visual amenity of the area. 10. That the proposed works will comply with Appendix C ‘Construction Mitigation Measures’ of the Econ Air Quality Assessment (January 2024). Reason: To minimise the risk of dust and air to nearby occupants. 11. The approved drive-thru restaurant shall comply with the odour mitigation measures, detailed in the Econ Odour Assessment (January 2024). Reason: To protect nearby residents from odour nuisance. 12. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 43 metres measured from the road channel shall be provided on both sides of the vehicular access as indicated on Drawing AMA/50058/SK002 of the approved plans and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas. Reason: In the interests of traffic and public safety. 13. That before the development hereby approved is completed or brought into use, the entire access road and footpath network serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the development. 14. That before the development is completed or brought into use, all of the parking spaces shown on Drawing 8429-SA-8569-P004 B of the approved plans shall be laid out, constructed and available for use. Reason: To ensure the provision of adequate parking facilities within the site. 15. That before any work starts, a Traffic Management Plan (TMP) for that construction phase with information such as, but not limited to, construction phasing, site deliveries, routing/timings, construction compound layout, turning facilities, site car parking for visitors and site operatives and wheel washing facilities shall be submitted to and approved in writing by the Council as Planning Authority. The TMP shall include a Travel Plan element to encourage less reliance on individual private car trips to the site for those personnel involved in construction activities on a routine basis and those attending through the course of site inspections and site meetings. The TMP shall be produced in consultation with the Council's Roads, Transportation and Fleet Services, Police Scotland and Transport Scotland. Reason: In the interests of traffic and public safety. 15
Page 16
16. That the recommendations contained within the approved Traffic Management Plan shall be implemented and adhered to at all times. The developer shall notify the Council in writing, as soon as reasonably practical, of any changes in construction activities where these will have an impact on the approved TMP. The developer will consult with the Council, as Roads Authority, together with Police Scotland and Transport Scotland to agree in writing any changes to the TMP and, thereafter, adhere to and implement the agreed changes to the satisfaction of the Council as Planning Authority. Reason: In the interests of traffic and public safety. 17. Following the adoption of Borland Drive, a scheme of traffic restrictions, to be agreed in writing with the Council, shall be implemented along Borland Drive. This will be implemented within 6 months of the adoption of Borland Drive, at the cost of the developer. Reason: In the interests of traffic control. 16
Page 17
Report Agenda Item Checked Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1116 Proposal: Installation of battery storage facility (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Land north of Cairnhouses Road, Lesmahagow (B7078) Applicant: Zenobe Energy Limited Agent: TNEI Group Ward: 04 – Clydesdale South 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: None Direction to Scottish Ministers No 3 17
Page 18
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 on land adjacent to Carlisle Road near Lesmaghow (B7078). The overall site comprises rough grazing and scrubland and lies approximately 3 km north- east of Coalburn village centre which is the nearest settlement. The area immediately surrounding the site is predominantly rural in nature, with open agricultural fields to the north, south and west. The eastern boundary is bordered by the B7078 with the M74 motorway further to the east. The nearest residential property lies 400m northwest of the development site, with an approximate 16 further properties located within 1 km. The Harbro feedstuff plant is located on the opposite side of the B7078. 2.2. A single 102m tall wind turbine is located adjacent to the site boundary. A further wind turbine (99m in height) is located approximately 200m east of the site. The Coalburn Substation, and its associated pylons and overhead lines, is located approximately 900m to the north-west. 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 Battery Energy Storage System (BESS). 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. 3.2 The proposals comprise up to 34 BESS units which each measure 15.9m by 23.2m and have a height of 3.5m which in total would be able to store up to 200 MW of energy. Other elements of the proposal include:- a high voltage (HV) transformer compound measuring 68m by 41m with a height of 9.5m a high voltage transformer a medium voltage (MV) switch room measuring 12m by 5m with a height of 3.4m control room up to 2 MV switch rooms up to 2 spares containers up to 3 low voltage (LV) switch rooms and auxiliary transformers lighting/security columns on poles 6m in height (not lit 24 hours) acoustic fencing around the site boundary and around the battery units, up to 4m in height, and a blast wall around the HV transformer compound, up to 9.5m in height 3.3. The proposed development would utilise an existing field access located on Carlisle Road (B7078), that is also used to access the wind turbine, and which would be upgraded as required. A network of access tracks is proposed within the site itself. 4. Relevant Planning History 4.1. There are no recent planning applications submitted for the application site. 18
Page 19
5. Supporting Information 5.1. An Environmental Report has been submitted with the application. Matters addressed in the report include landscape and visual impact, ecology and ornithology, archaeology and cultural heritage, noise, access, traffic and transportation, flood risk assessment, 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. West of Scotland Archaeology Service (WOSAS) – no objections subject to implementation of a programme of archaeological works in accordance with a written scheme of investigation to be agreed with WOSAS. Response: Noted. This matter is addressed in the draft list of conditions. 6.2. Roads, Transportation and Fleet Services – no objections subject to the submission of further details of the proposed access from the B7078; the provision of sightlines of 9m by 215m; the submission of an Abnormal Load Route Assessment and a construction phase Traffic Management Plan; the carrying out of a roads dilapidation survey; and the entering into a section 96 agreement to ensure any unreasonable damage to the public road is addressed by the developer. Response: Noted. These matters are addressed in the draft list of conditions as part of the recommendation. 6.3. Environmental Services – no objections to the proposals subject to conditions to cover operational noise from the development. 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 19
Page 20
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. None 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. National Planning Framework 4 (NPF4) sets out the long-term vision for the development of Scotland through the National Spatial Strategy. NPF4 aims to meet Scotland’s climate ambition which will require a rapid transformation across all sectors of the economy and society. NPF4 Policy 1 - Tackling the Climate and Nature Crises states that there is a need to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, whilst Policy 2 – Climate Mitigation and Adaptation seeks to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. 10.3. 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. 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:- impacts on communities and individual dwellings, including, residential amenity, visual impact and noise significant landscape and visual impacts public access, including impact on long distance walking and cycling routes and scenic routes 20
Page 21
impacts on road traffic and on adjacent trunk roads, including during construction cumulative impacts In considering these impacts, significant weight will be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. Grid capacity should not constrain renewable energy development. 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 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 and other relevant policies in SLLDP2. 10.5. Policy 1 in NPF4 highlights that significant weight should be given to the climate change emergency and nature crisis when considering development proposals. The policy intent is to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis. In this case National Grid requires the provision of developments to provide battery storage and management services to enable more renewables to be developed in Scotland without impacting the transmission system. The proposal would support the operation of the National Grid and decarbonisation of electricity supply by providing a flexible and rapid release of electricity to allow the National Grid to regulate electricity supply and demand without any greenhouse gas emissions. It will also have the capacity to import electricity quickly when supply outstrips demand. The applicant has advised that they currently have a grid connection programmed for this development in June 2026. The site is strategically located in close proximity to the Coalburn substation 900m to the north. The substation is located at a key point on the transmission grid and is a prime substation for National Grid to secure stability services to the transmission network. A planning application for the extension of the substation is currently under consideration by the Council which reinforces the suitability of this locality for a development of this type. 10.6. Turning to the detailed criteria in NPF4 Policy 1 and Policy 18 in SLLDP2, the application site is not subject to any landscape, ecological or cultural heritage designations. A suspensive condition requiring archaeological investigation is proposed to address any unknown features within the site. A habitat survey has concluded that the site is of low habitat sensitivity while there are no identified statutory ecology or ornithological designations within 5km of the site and no local designations within 3km. 10.7. In terms of the landscape and visual impact the surrounding area is mainly rural in nature, however, it does contain a number of man-made interventions. These include the M74 motorway, the established Harbro plant, several wind turbines and the Coalburn substation. The area is also marked by overhead lines travelling to and from the substation. In addition, a separate BESS development is currently under construction from the opposite side of the B7078. In view of the context, it is considered that the proposed development would be seen as an extension to the substation, which is the dominant feature of the immediate area, and would integrate satisfactorily with the changed landscape character of this area. 21
Page 22
10.8. The proposals have been designed to set back the development from the B7078 and the retention of existing tree cover located along the site frontage will help screen and soften the visual impact. As noted above, the primary feature of the surrounding wider landscape is energy infrastructure and transmission in the form of pylons and overhead lines, as well as wind turbines including commercial scale wind farms reaching up to 200m to tip height. The closest residential properties are located approximately 400m from the proposed BESS area with further properties located within 1km. However, views of the development are largely obscured by the topography of the area and intervening features and the orientation of the properties themselves. The visual impact for existing residents will be limited while the effect on other users of the area will be reduced due to the emerging character of the locality. Overall, it is considered that the level of change to the landscape character and residential amenity would be low. 10.9. Access to the site during the construction of the BESS would be directly from the B7078. Roads, Transportation and Fleet Services have not raised any concerns about the impact on road safety. Reference is made to the impact of abnormal loads on the Poniel Bridge which is the subject of weight restrictions. The number of abnormal loads associated with the proposal would be limited. To address this matter, it is proposed that a condition requiring the submission of an Abnormal Load Impact Assessment be submitted before work starts on site which can consider alternative options for deliveries. Further conditions requiring a dilapidation survey and the need for a section 96 agreement to ensure any damage to the public road is addressed by the developer are also proposed. 10.10. The applicants have provided a statement in relation to the fire risk within the BESS which states this would be managed in a number of ways. Temperature within each cell of each battery module is monitored by the BESS container monitoring system on a 1/10th second basis and any temperature variation within an individual module outside optimum operating conditions would trigger a response from air conditioning units. If temperature increase continues or there is a failure of the air conditioning units, the BESS container would automatically be isolated and shutdown to mitigate against the risk of thermal runaway and fire. The rows of BESS containers would be separated by a minimum distance to prevent fire spread. 10.11. 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 below. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. 22
Page 23
Conditions:- 01. No development shall commence until a construction phase Traffic Management Plan (TMP) has been submitted for the written approval of South Lanarkshire Council. The plan shall include details of the following and once approved all construction works shall be undertaken in accordance with the approved TMP. a. The routeing of all traffic associated with each phase of the development via Junction 11 of the M74 at Poniel. b. Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures. c. Details of all temporary construction direction signage. d. Provisions for emergency vehicle access. e. Wheel washing arrangements to prevent detritus being deposited on the public road. f. On-site car parking for construction vehicles as no parking permitted on the public road. g. Delivery and laydown space and turning area to ensure all vehicles enter and exit site in a forward gear. h. Identification of a nominated person to whom any road safety issues can be referred. i. If the route of the construction traffic is over the 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 That prior to works commencing on site the applicant shall submit, for the written approval of the Council as Planning Authority, detailed proposals for the site access onto the B7078 Carlisle Road which shall be formed as a 7.3 metre wide industrial standard access with minimum 10.5 metre radius both sides. Any gate shall be set back not less than 15 metres from the nearside road channel line and the access hard surfaced for a minimum of 8.0 metres from the edge of the public road. The details shall include road markings, drainage and signage all designed in accordance with the Design Manual for Roads and Bridges. The design shall be supported by a Stage 2 Road Safety Audit together with the Designer’s Response. Reason: In the interests of road safety. 23
Page 24
03 That before construction of the battery storage facility commences, visibility splays of 9 metres by 215 metres measured from the road channel shall be provided on both sides of the vehicular access and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. The applicant shall also demonstrate that they have all rights to implement and maintain the visibility splay where it traverses third party land. Reason: In the interests of road safety. 04 That prior to commencement of works on site the applicant shall submit, for the written approval of South Lanarkshire Council’s Bridges and Structures Team Roads Authority, an Abnormal Load Route Assessment (ALRA) for delivery of specialist components which should detail any modifications to the Council’s local road network associated with the ALRA and that this be submitted a minimum of four months prior to abnormal loads being moved. Reason: In the interests of road safety. 05 That prior to works commencing on site the developer shall undertake a roads dilapidation survey in conjunction with South Lanarkshire Council Roads Area Office covering the B7078 Carlisle Road for 50 metres either side of the proposed site access. Interim and final surveys shall be undertaken as directed by the Roads Authority. Each inspection shall be recorded in a report to include photographs, plans and description of road condition, and be submitted for record purposes within timescales determined by South Lanarkshire Council. The applicant shall be responsible for repairing damage attributable to their operations and undertake all necessary repairs within timescales stipulated by South Lanarkshire Council. Reason: In the interests of road safety. 06 The following noise levels shall not be exceeded resultant from and specific to the development:- Part 1 Between the hours of 08:00 and 20:00 the measured noise rating level emitted from the premises (LAr,1hr) shall not exceed the pre-existing background noise level (LA90,30 min) by more than 4dB when measured in accordance with British Standard BS 4142:2014 - Method for Rating and Assessing Industrial and Commercial Sound at buildings where people are likely to be affected. Between the hours of 20:00 and 08:00 the noise rating level emitted from the premises (LAr,15min) shall not exceed the pre-existing background noise level (LA90,30min) by more than 4dB when measured in accordance with BS4142:2014 at buildings where people are likely to be affected. Part 2 The internal noise levels within any residential property and resultant from the development shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) The internal levels with windows open do not exceed an LAeq,16hr of 40dB daytime (07:00 - 23:00) b) The internal levels with windows open do not exceed an LAeq,8hr of 30dB nighttime (23:00 - 07:00) 24
Page 25
c) The internal levels with windows open do not exceed an LAmax of 45dB night-time (23:00 - 07:00) d) The external levels shall not exceed an LAeq,16hr of 50dB daytime in any garden amenity areas, when measured free-field Part 3 The Internal Noise Rating Values, within any residential property and resultant from the neighbourhood (industrial and commercial) and neighbour noise (installed services), shall not exceed NR25 between 23.00hrs and 08.00hrs, and NR35 between 08.00hrs and 23.00hrs Reason: In the interests of residential amenity. 07 No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: To protect any archaeological features on the site. 08. That 6 months before the decommissioning of the battery storage facility, a decommissioning and site restoration scheme shall be submitted for the prior written approval of the Council. This 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. David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/23/1116 | Installation of battery storage facility (S36 Scottish Government Consultation) | Land 275M North Of Coalburn Substation B7078 From Cairnhouses C13 To Millbank Int A70 Lesmahagow Lanark (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. 25
Page 26
Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- E-mail: planning@southlanarkshire.gov.uk 26
Page 27
27
Page 28
28
Page 29
Report Agenda Item Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0162 Proposal: Erection and operation of wind farm consisting of up to 10 turbines of varying heights, with a maximum height to blade tip of 250 metres and associated infrastructure (Consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) Site Address: Bankend Rig III Strathaven Applicant: Wilson Renewables Agent: TNEI Group Ward: 5 - Avondale and Stonehouse Application Type: Electricity notification Section 36 application Advert Type: None Required Development Plan Compliance: Yes Departures: N/A Recommendation: 1. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 2. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. Legal Agreement: The Scottish Government is also advised that approval should be subject to the conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments Direction to Scottish Ministers N/A 4 29
Page 30
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 application site is located on elevated ground approximately 4.75km to the north of Muirkirk, wholly within the administrative boundary of South Lanarkshire Council. The site is located within an area of commercial forestry and open moorland. The B743 public highway runs through the site in a north-south alignment and all other existing accesses within the site are limited to forestry access tracks. There are no residential properties located within the site boundary. 2.2. The site and its surrounding area comprise a series of broadly rounded hills encompassing coniferous forest within upland grass rides, marshland and landforms associated with numerous small watercourses in the area. The site is located within the Landscape Character Type (LCT) 7A – Rolling Moorland Forestry and is not subject to any statutory designations. 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 10 wind turbines, comprising two with a maximum tip height of 180m, three with a maximum tip height of 200m, one with a maximum tip height of 230m and four with a maximum tip height of 250m. The proposed development would have an operational lifespan of 30 years. The proposals also include the following components:- foundations supporting each turbine hardstanding component laydown areas temporary hardstanding areas for construction (including crane pads) a network of underground cables site access a network of onsite access tracks including watercourse crossings two onsite borrow pit search areas a temporary construction compound a storage area vehicle parking a substation control compound containing substation control building with associated parking a control building security measures including CCTV habitat management measures 3.2. The proposed development would have a maximum generating capacity of 66 MW and is therefore of a scale (over 50 MW) that requires consent through the Electricity Act, with the Scottish Government as the Consenting Authority. In this instance, the Council is a consultee to the application process and not the Consenting Authority. 4. Relevant Planning History 4.1. EK/06/0311 - Erection of 11 wind turbines and associated infrastructure including sub- station, access tracks, construction compound and borrow pit (Bankend Rig I) (granted June 2011). 30
Page 31
4.2. EK/15/0217 - Erection of 3 wind turbines (126.5m maximum height to tip) with associated access tracks, crane hardstandings, substation, temporary construction and a borrow pit (Bankend Rig II) (granted May 2021). 4.3. P/21/1385 - Erection of 3 wind turbines (250m maximum height to tip) with associated access tracks, crane hardstandings, temporary construction compound and a borrow pit. (Bankend Rig II – proposal to increase height of approved turbines) (pending decision). 5. Supporting Information 5.1. The applicants have submitted a number of supporting documents with the application as set out below:- - Planning Statement - Design and Access Statement - Pre-Application Consultation Report - Flood Risk Assessment - Environmental Impact Assessment 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. Environmental Services – offered no objection subject to conditions relating to noise, shadow flicker and construction activities. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 6.2. Roads, Transportation and Fleet Services (Development Management) – offered no objection subject to conditions relating to access arrangements, abnormal load assessment, traffic management and repair of any damage to the public road or structures. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 6.3. West of Scotland Archaeology Service (WoSAS) – offered no objection subject to a condition ensuring that a programme of archaeological works is undertaken as part of the development. Response: Noted. Appropriate conditions form part of the recommended consultation response to the Scottish Government. 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. 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. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate 31
Page 32
otherwise. In this instance, the application is made under the Electricity Act 1989 and not the Planning Act and therefore the Development Plan does not have the primacy it normally would for planning decisions, but it is still an important material consideration in this instance and informs the Council’s consultation response. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4 adopted by Scottish Ministers on 13 February 2023. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 5 - Soils Policy 6 - Forestry, woodland and trees Policy 7 - Historic assets and places Policy 11 - Energy Policy 22 - Flood risk and water management Policy 29 - Rural development 8.3. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy 18 - Renewable Energy 9. Guidance 9.1. - South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) - Landscape Capacity Study for Wind Energy (2019 as amended) 10. Assessment and Discussion 10.1. Introduction 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. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997 all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the application is made under the Electricity Act 1989 and not the Planning Act and therefore the Development Plan does not have the primacy it normally would for planning decisions, but it is still an important material consideration in this instance and informs the Council’s consultation response. 32
Page 33
10.2. Assessment National Planning Framework 4 (NPF4) sets out the long-term vision for the development of Scotland through the National Spatial Strategy. NPF4 aims to meet Scotland’s climate ambition which will require a rapid transformation across all sectors of the economy and society. The Scottish Government’s Onshore Wind Policy Statement sets a target for installed onshore wind generation of 20GW 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. In this case the proposed wind energy development would assist in terms of the generation of renewable energy to enable the decarbonisation of Scotland’s electricity supply and meet Net Zero targets. As such, it is considered that the proposed development is intrinsically linked to renewable energy generation and supports the general principles set out in NPF4 Policy 1 and 2, in addition to Policy 1 – Spatial Strategy and Policy 2 – Climate Change of the South Lanarkshire Local Development Plan 2. 10.3. Policy 11 – Energy of NPF4 as a general principle encourages and promotes all forms of renewable energy development. This includes energy generation through wind farm development. 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:- 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 10.4. In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 18: Renewable Energy states that applications for renewable energy infrastructure developments will be supported subject to an assessment against the relevant criteria and requirements set out in the Assessment Checklist for Renewable Energy Proposals contained within SLLDP2 Volume 2. SLLDP2 Volume 2 Policy RE1 Renewable Energy supports Policy 18 and states that as well as the Checklist, renewable energy proposals should also take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance (SPG) on Renewable Energy, Landscape Capacity Study for Wind Energy (2019 as amended) and other relevant policies in SLLDP2. 10.5. Together NPF4 Policy 11, 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 Environmental Impact Assessment (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. 33
Page 34
The assessment concludes that the proposed development would result in significant effects, however these are typically inevitable due to the scale of the proposals. 10.6. The Council’s current guidance acknowledges the pressure to accommodate larger turbines, either in addition to existing operational developments or through the repowering of existing windfarms. The surrounding context of the proposed development comprises a low sensitivity area with limited designations, undulating topography and landscape character that is increasingly characterised as wind farm landscape. It is concluded that the landscape could accommodate the wind farm without leading to unacceptable levels of detrimental effects on the overall landscape setting or visual amenity. In summary, the proposals are considered to be compliant with Policy 11 of NPF4, SLLDP2 Policy 18 and the Council’s Supporting Planning Guidance on Renewable Energy. 10.7. NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse loss, deliver positive effects from development and strengthen nature networks. NPF4 Policy 4 - Natural Places seeks to protect, restore and enhance natural assets, making best use of nature-based solutions. NPF4 Policy 5 – Soils seeks to protect carbon-rich soils, restore peatlands, and minimise disturbance to soils from development. Policy 14 - Natural and Historic Environment of the SLLDP2 provides similar policy in respect of the natural environment. An Environmental Impact Assessment was undertaken in respect of the proposed development, inclusive of detailed survey work in relation to landscape, ecological, ornithological, hydrological, geological and other relevant environmental considerations. In this regard it is noted that, subject to implementation of the mitigation measures and other recommendations set out in the Assessment, there would be no unacceptable biodiversity impact in this instance. This position has been further confirmed by the Council’s Biodiversity Officer. It is noted that, as part of their consultation response to the Scottish Government, SEPA have sought further clarification with regard to the management of peatland within the development site. It is considered that the proposals accord with the relevant criteria of the above policies, subject to the clarification of the identified matters relating to peatland to the satisfaction of the Scottish Government and SEPA and subject to the identified mitigation measures being fully implemented on site as part of any development undertaken. On this basis the proposals are considered to comply with the relevant provisions of Policies 3, 4, and 5 of NPF4 and Policy 14 of SLLDP2. 10.8. Policy 6 – Forestry, woodland and trees of NPF4 seeks to identify and protect existing woodland and the potential for its enhancement or expansion to avoid habitat fragmentation and improve ecological connectivity, helping to support and expand nature networks. In this instance it is noted that the applicants have sought to minimise the area of permanent woodland removal and have committed to compensatory planting elsewhere to offset the required woodland removal. While full details of the implementation of the proposals would require to be agreed between the applicants and the Scottish Government, subject to these details being agreed it is considered that the proposals do not raise any significant concerns in respect of the provisions of Policy 6. 10.9. Policy 7 – Historic assets and places of NPF4 seeks to protect and enhance historic environment assets and places and to enable positive change as a catalyst for regeneration. Similar policy with regard to the protection of the historic environment is contained within Policy 14 of SLLDP2. With regard to this proposed development, it is noted that the proposals may impact to an extent on the setting of local historic assets including, notably, Dungavel Hill cairn and that the cumulative impact of existing, consented and proposed wind farms in the area has the potential to impact on the historic environment. However, it is agreed that the view taken by Historic 34
Page 35
Environment Scotland is correct in that neither the individual impact of the development or the cumulative impact when taken alongside other wind energy developments would be sufficient to be considered to fail to comply with the provisions of Policy 7 or to warrant the refusal of the proposed development. Furthermore, it is noted that WoSAS have advised that archaeological matters relating to the proposed development can be dealt with through the imposition of an appropriate condition to any consent issued by the Scottish Government. As such, the view is taken that the proposals satisfactorily comply with the provisions of Policy 7 of NPF4 and Policy 14 of SLLDP2. 10.10. NPF 4 Policy 22 – Flood Risk Assessment seeks to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Similar policy is provided in SLLDP2 Policy 16 - Water Environment and Flooding. A Flood Risk Assessment has been submitted in respect of the proposed development which has determined that the risk of flooding as a result of the proposals is low. It is further noted that SEPA have not raised any concerns with regard to flood risk associated with the development as part of their consultation response to the Scottish Government. The proposals are therefore considered to be compliant with the provisions of Policy 22 of NPF4 and Policy 16 of SLLDP2. 10.11. NPF4 Policy 29 – Rural development seeks to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. Similar policy is provided in SLLDP2 Policy 4 – Green Belt and Rural Area. As detailed above, subject to the resolution of any outstanding matters raised by external consultees to the satisfaction of the Scottish Government as part of their assessment of the proposal, the view is taken that the proposals would represent an appropriate rural development that would not significantly adversely affect the rural area while making a positive contribution in respect of Scotland’s climate change ambitions. The proposals are therefore considered to be compliant with the provisions of Policy 29 of NPF4 and Policy 4 of SLLDP2. 10.12. Policy 5 - Development Management and Placemaking of SLLDP2 states that development proposals should take account of and be integrated within the local context and built form. In addition, proposals should comply with general development management principles, with regard to issues such as amenity, traffic and transportation and environmental considerations. Policy 15 – Traffic and Transport further enforces the requirements to account for and mitigate the transport impact associated with significant scale development proposals. In this regard the Council’s Roads, Transportation and Fleet Services have confirmed that, subject to recommended conditions, the proposals would not raise any unacceptable transportation impacts. Similarly, Environmental Services have confirmed that, subject to appropriate conditions, the proposals would not create any unacceptable noise or other environmental impact in this case. Overall, the proposed development would not create any unacceptable amenity impacts and is considered to comply with the relevant provisions of Policies 5 and 15 of SLLDP2. 10.13. 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 recommended that the Scottish Government be notified that the Council has no objections to the application, subject to the conditions set out below and the conclusion of a legal agreement. 35
Page 36
11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- 01. That the Scottish Government Energy Consents Unit is informed that South Lanarkshire Council has no objection to the granting of consent under Section 36 of the Electricity Act 1989; and 02. That the Head of Planning and Regulatory Services be authorised to undertake any discussions with the Scottish Government Energy Consents Unit including in relation to conditions to be attached to the consent if required. The Scottish Government is also advised that the approval should be subject to the conditions listed below and conclusion of a legal agreement(s) covering:- 1. Community Contribution Payments Conditions:- 01. 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, dated January 2024, 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. 02. 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), any anemometry masts and all associated apparatus have been submitted to and approved in writing by the Planning Authority. The wind turbines shall be constructed and operated in accordance with the approved details and maintained in the approved colour, free from external rust, staining or discolouration, until such time as the wind farm is decommissioned. All wind turbine blades shall rotate in the same direction. 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. 03. No wind turbine, anemometer, power performance mast, switching station, transformer building, or enclosure, ancillary building or above ground fixed plant shall display any name, logo, sign or advertisement (other than health and safety signage) unless and until otherwise approved in writing by the Planning Authority. Reason: in the interests of the visual amenity of the area. 04. Each turbine, buildings, compounds, areas of hardstanding, tracks and watercourse crossings shall be erected in the position indicated upon drawing 15747-112 Revision 1 of the approved plans, 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:- 36
Page 37
(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 Council, as Planning Authority in consultation with SEPA said provisions relating to micro-sited position 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 out with the planning application boundary - bring a turbine closer to the Muirkirk and North Lowther Uplands Special Protection Area (SPA) and the Muirkirk Uplands Sites of Special Scientific Interest (SSSI) Reason: To control environmental impacts while taking account of local ground conditions. 05. Within 3 months of commissioning the approved wind farm the applicant 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. 06. No development shall commence unless and until a scheme for the working and restoration of each borrow pit has been submitted to, and approved in writing by, the Planning Authority. The scheme shall include:- (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. 07. The cumulative day time noise (7am to 11pm) from the wind turbines must not exceed a noise level of 40dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10 metres height as measured within the site, based on the cumulative projections contained within the supporting Noise Impact Assessment (NIA). Reason: To safeguard the environmental amenity of the area. 37
Page 38
08. Based on the candidate turbine a scheme of mitigation as proposed will be required, prior to the commencement of any works and to the satisfaction of the planning authority. This shall require that the mitigation measures to ensure that Noise Assessment Locations 4, 5 and 6 where maximum daytime exceedances of 0.8 dB, 1.4 dB and 0.7 dB are predicted, respectively operate at a reduced mode to comply with Table 1 as submitted within the Noise Impact Assessment. Alternatively, information to demonstrate the compliance of the selected turbines shall be submitted to the Planning Authority. Reason: To safeguard the environmental amenity of the area. 09. The cumulative night time noise (11pm to 7am) from the wind turbines must not exceed a noise level of 43dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10 metres height as measured within the site. This is based on cumulative projections contained within the supporting noise impact Assessment - Table 10.16: Noise Limits Applicable to the Development in Isolation with cognisance to Table 10.9 Cumulative Noise Limits. Reason: To safeguard the environmental amenity of the area. 10. Where the tonal noise emitted by the development exceeds the threshold of audibility by between 2dB and 6.5dB or greater, then the acceptable noise shall be reduced by the penalty level identified within section 28 of 'The Assessment and Rating of Noise from Wind Farms- ETSU-R-97. The definition of audibility for the purposes of this condition shall be as described in ETSU-R-97. The penalty shall only apply at properties where the tonal noise is measured and shall only relate to the wind speeds at which the tonal noise occurs at. Reason: To safeguard the environmental amenity of the area. 11. At the reasonable request of the Planning Authority and following a complaint to it relating to noise emissions arising from the operation of the wind farm, the wind farm operator shall appoint an independent noise consultant, whose appointment shall require to be approved by the Planning Authority, to measure the level of noise emission from the wind farm at the property to which the complaint related. The measurement and calculation of noise levels shall be undertaken in accordance with ETSU-R-97 having regard to paragraphs 1 to 3 and 5 to 11 inclusive of the schedules on Pages 95 to 97 inclusive, and Supplementary Guidance Notes to the Planning Obligation pages 99 to 109 of ETSU-R-97. The Planning Authority shall inform the wind farm operator whether the noise giving rise to the complaint contains or is likely to contain a tonal component or an amplitude modulation. Where an assessment of any noise impact is, in the opinion of the Planning Authority acting reasonably, found to be in breach of the noise limits the developer shall carry out mitigation measures to remediate the breach so caused. Details of any such mitigation measures required are to be submitted to the Planning Authority for prior approval. Within 21 days of a written request by the Local Planning Authority, following a complaint to it from a resident alleging noise disturbance at the dwelling at which they reside and where Excess Amplitude Modulation (AM) is considered by the Local Planning Authority to be present in the noise emissions at the complainant's property, the wind farm operator shall submit a scheme, for the approval of the local planning authority, providing for the further investigation and, as 38
Page 39
necessary, control of Excess AM. The scheme shall be based on best available techniques and shall be implemented as approved. Reason: In the interests of amenity. 12. The utilisation of either borrow pits or blasting shall be agreed with the Planning Authority prior to their implementation. This will require the appropriate method statements and will be subject to the approval of the Planning Authority. Reason: In the interest of amenity. 13. At the reasonable request of the Planning Authority and following notification of alleged shadow flicker, the operator shall engage the services of a competent consultant to review the mitigation programme. Where shadow flicker has occurred, the operator shall make any reasonable adjustment to prevent further occurrence. Reason: To offset impacts of shadow flicker on residential and commercial property amenity. 14. The applicant shall ensure that audible construction activities shall be limited to, Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday - No audible activity. No audible activity shall take place during local and national bank holidays - without the prior written approval of the Planning Authority. Under exceptional conditions the above time restrictions may be further varied subject to written agreement with the council as Planning Authority. Furthermore, all works shall be carried out in accordance with the current BS5228:2009, 'Noise control on construction and open sites'. Reason: To safeguard the environmental amenity of the area. 15. At least one month prior to the commencement of the 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. 39
Page 40
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.
16. 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. 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
(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.
17. 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.
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.
18. No development shall take place within the development site as outlined in red on
the approved plan until the developer has secured the implementation of a
programme of archaeological works in accordance with a written scheme of
investigation which has been submitted by the applicant, agreed by the Local
Authority 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 Local Authority Archaeology Service.
40Page 41
Reason: To ensure that all matters pertaining to archaeology are appropriately dealt with as part of the consent hereby approved. 19. That prior to works commencing on site the applicant shall submit, for written approval of the Council as Planning Authority, detailed proposals for the two B743 site accesses to be formed as 7.3 metre wide industrial standard accesses with 10.5 metre radius both sides. That any gate be set back no less than 15 metres from the nearside road channel line and open inwards and that the access be hard surfaced for a minimum of 15 metres from the edge of the public road. The details shall include road markings, drainage and signage all designed in accordance with the Design Manual for Roads and Bridges. The design shall be supported by a Stage 2 Road Safety Audit accompanied by the Designer's Response. Reason: In the interests of road safety. 20. That once approved in writing, the two site accesses shall be constructed and thereafter maintained in accordance with the agreed plans and specification to the satisfaction of South Lanarkshire Council as Roads Authority. Reason: In the interests of road safety. 21. That before construction of the windfarm tracks and foundations, a 2.5 metre by 160 metre visibility splay, measured relative to the nearside channel line, shall be provided in both directions for each site access onto the B743 and that everything exceeding 1.05 metres in height above the adjacent road channel level shall be removed from the visibility envelope and thereafter nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. The applicant shall also demonstrate that they have all necessary legal rights to implement and maintain the visibility splays for the life of the windfarm. Reason: In the interests of road safety. 22. That the access shall be constructed in such a way as to prevent any surface water or deleterious material from running onto or entering the B743 and be maintained as such for the lifetime of the development. Reason: In the interests of road safety. 23. That at least 4 months prior to delivery of any abnormal loads the developer shall undertake an Abnormal Load Route Assessment (ALRA), to include bridge assessments and a test run, and submit a report describing the findings of the ALRA including any recommendations for modifications to the public road all for the written approval of the Council as Roads Authority. The recommendations shall thereafter be implemented prior to the delivery of the abnormal loads and all in accordance with a programme to be approved by the Council as Roads Authority. Reason: In the interests of road safety. 24. No development shall commence until a construction phase Traffic Management Plan (TMP) has been submitted to and been approved in writing by South Lanarkshire Council. The plan shall include details of the following and once approved all construction works shall be undertaken in accordance with the approved TMP. 41
Page 42
a) The routeing of all traffic associated with each phase of the development. b) Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures; c) A construction programme with HGV/LGV/Car movements by month and type of work. d) Details of all temporary construction direction signage; e) Provisions for emergency vehicle access; f) Wheel washing arrangements to prevent detritus being deposited on the public road; g) On-site car parking for construction vehicles as no parking permitted on the public road; h) Delivery and laydown space and turning area to ensure all vehicles enter and exit site in a forward gear; i) Identification of a nominated person to whom any road safety issues can be referred. j) Arrangements for road dilapidation surveys of the B743 for a distance of 50 metres either side of each site access to include reporting, ongoing surveys and repairs. k) Details of public relations strategy to inform the relevant communities of the programme for abnormal load deliveries. Once approved, the TMP shall be implemented and maintained for the lifetime of the construction period for the development, hereby approved. Reason: In the interests of road safety. 25. That prior to any works commencing on site, the applicant shall enter into Agreement under Section 96 of the Roads (Scotland) Act covering unreasonable damage to the public road along with agreement for bridge structure assessments and repairs. Reason: In the interests of road safety. 26. If one or more turbine(s) fails to generate electricity for a continuous period of 12 months, then unless otherwise agreed in writing by the Planning Authority, the Company shall by no later than the date of expiration of the 12 month period, submit a scheme to the Planning Authority setting out how the relevant turbine(s) and associated infrastructure will be removed from the site and the ground restored; and implement the approved scheme within six months of the date of approval, all to the satisfaction of the Planning Authority. Reason: To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. 27. No wind turbines shall be erected unless and until a scheme for aviation lighting for the development has been submitted to, and approved by, the Planning Authority. The scheme shall include details of any aviation lighting required by Civil Aviation Authority and Ministry of Defence which is to be applied. No lighting other than that described in the scheme shall be applied, other than that required for health and safety purposes, unless otherwise agreed in writing by the Planning Authority. The required aviation lighting shall thereafter be maintained as approved for the lifetime of the development. 42
Page 43
The Development shall be operated in accordance with the approved scheme. Reason: In the interests of aviation safety and visual amenity. 28. 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 and SEPA). 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. 29. 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 (condition 24), 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; 43
Page 44
(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.
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.
30. That the recommendations and mitigation measures set out within the Outline
Habitat Management Plan appendix 7.3 shall be undertaken in full to the satisfaction
of the Planning Authority.
Reason: To ensure that matters relating to biodiversity are fully addressed as part of
the development.
31. 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 setting 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.
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.
32. 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 April 2021.
44Page 45
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. (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 the Council's Sustainable Drainage Systems (SuDs) design criteria guidance and inclusive sign off by the relevant parties carrying out the elements of work associated with the design criteria appendices 1 to 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, watercourses, 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 45
Page 46
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 Forestry and Land Scotland. (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. 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 are implemented as approved, or as otherwise agreed in writing. 12. Reason for Decision 12.1. The proposed turbines (ten, up to 250 metres to tip height) and associated infrastructure are considered acceptable; are not considered to have any significant, adverse impact within the surrounding area; and accord with National Policy and the relevant provisions of the Development Plan and allow a consultation response of no objection being made to the Scottish Government subject to the imposition of the attached, recommended environmental and transportation conditions. David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/24/0162 | Erection and operation of wind farm consisting of up to 10 turbines of varying heights, with a maximum height to blade tip of 250 metres and associated infrastructure (Consultation from Scottish Ministers under S36 of the Electricity Act 1989) | Bankend Rig 111 Strathaven (southlanarkshire.gov.uk) 46
Page 47
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 47
Page 48
48
Page 49
Report Agenda Item Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0320 Proposal: Erection of a 400kV electrical substation, associated groundworks, vehicular access road, water detention pond, temporary construction compound and car park area, and provision of temporary soil storage area Site Address: Land 275M North of Coalburn Substation B7078 from Cairnhouses C13 to Millbank Interchange A70 Lesmahagow Lanark ML11 0JU Applicant: SP Transmission Plc Agent: Scottish Power Energy Networks Ward: 7 - Lesmahagow Application Type: Detailed Planning Application Advert Type: Schedule 2: Non-Notification of Neighbours Non-Notification of Owners Lanark Gazette 17 April 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 5 49
Page 50
1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as it represents a statutory major planning application. 2. Site Description 2.1. The application site, which measures approximately 13 hectares and predominantly comprises planted woodland, is located approximately 1km to the south of Lesmahagow and 1.5km north-east of Coalburn. The site is bounded to the north and west by woodland, to the south by an existing substation and to the east by the access road from the B7078 to the existing adjacent substation. Access to the site is taken from the east using the access road that serves the existing substation. 3. Description of Proposed Development 3.1. Detailed planning permission is sought to construct a new 400kV electrical substation with access and associated works, to be known as Coalburn North Substation, directly to the north of the existing Coalburn Substation. The proposed substation would cover an area of approximately 3.6 hectares. The development is required to allow proposed renewable energy development in the wider area to connect to the transmission network. 3.2 Access to the site would be taken from the existing access road serving the adjacent substation, with a new spur road being formed to serve the proposed development. A water detention pond, temporary construction compound, car park area, groundworks and soil storage areas are also proposed to be formed. 4. Relevant Planning History 4.1 CL/06/0030 - Erection of electricity substation and associated vehicular access (Coalburn Substation) (granted September 2006). 5. Supporting Information 5.1 The applicants have submitted a number of supporting documents with the application as set out below:- Design and Access Statement Pre-Application Consultation Report Habitats Regulation Statement Environmental Appraisal Report 6. Consultations 6.1. Environmental Services – offered no objection to the proposed development subject to appropriate conditions. Response: Noted. The requested conditions would be attached to any consent issued. 6.2 Roads, Transportation and Fleet Services (Development Management) – offered no objection subject to conditions relating to abnormal load assessments and traffic management matters. Response: Noted. The requested conditions would be attached to any consent issued. 6.3 West of Scotland Archaeology Service (WoSAS) – offered no objection subject to a condition ensuring that a programme of archaeological works is undertaken as part of the development. Response: Noted. The requested condition would be attached to any consent issued. 50
Page 51
6.4 Scottish Water – offered no objection to the proposed development. Response: Noted. 6.5 Scotland Gas Networks – offered no objection to the proposed development. Response: Noted. 6.6 Scottish Forestry – offered no objection to the proposed development subject to conditions relating to compensatory planting to replace proposed tree loss. Response: Noted. The requested conditions would be attached to any consent issued. 6.7 NatureScot – offered no objection to the proposed development subject to conditions relating to appropriate environmental management on site. Response: Noted. The requested conditions would be attached to any consent issued. 6.8 The Coal Authority – offered no objection to the proposed development. Response: Noted. 7. Representations 7.1. Following statutory neighbour notification and advertisement in the local press in respect of non-notification of neighbours and owners, no letters of representation have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and 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 5 - Soils Policy 6 - Forestry, woodland and trees Policy 7 - Historic assets and places Policy 11 - Energy Policy 29 - Rural development 8.3. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment 51
Page 52
Policy 15 - Travel and Transport Policy 18 - Renewable Energy 9. Guidance 9.1. South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 10. Assessment and Discussion 10.1 Assessment National Planning Framework 4 (NPF4) sets out the long-term vision for the development of Scotland through the National Spatial Strategy. NPF4 aims to meet Scotland’s climate ambition which will require a rapid transformation across all sectors of the economy and society. This means ensuring the right development happens in the right place. 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. In this case the proposed substation development would play an essential role in terms of allowing renewable energy development in the wider area to connect to the transmission network and would therefore contribute to the decarbonisation of Scotland’s electricity supply and help to meet Net Zero targets. As such, it is considered that the proposed development is intrinsically linked to renewable energy generation and supports the general principles set out in NPF4 Policy 1 and 2, in addition to Policy 1 – Spatial Strategy and Policy 2 – Climate Change of the South Lanarkshire Local Development Plan 2. 10.2 NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse loss, deliver positive effects from development and strengthen nature networks. NPF4 Policy 4 - Natural Places seeks to protect, restore and enhance natural assets, making best use of nature-based solutions. NPF4 Policy 5 – Soils seeks to protect carbon-rich soils, restore peatlands, and minimise disturbance to soils from development. Policy 14 - Natural and Historic Environment of the SLLDP2 provides similar policy in respect of the natural environment. An Environmental Appraisal Report and a Habitats Regulation Statement have been submitted in respect of the proposed development. An appropriate assessment of the potential biodiversity impact of the proposals has also been undertaken by the Planning Service. It has been determined that, subject to conditions that would be attached to any consent issued, this development would not have any unacceptable impact on biodiversity, natural assets or soils. It is noted that this view is also held by NatureScot in respect of the proposed development, and conditions requested by NatureScot to ensure the protection of the natural environment would also be attached to any consent issued. On this basis the proposals are considered to comply with the relevant provisions of Policies 3, 4, and 5 of NPF4 and Policy 14 of SLLDP2. 10.3 Policy 6 – Forestry, woodland and trees of NPF4 seeks to identify and protect existing woodland and the potential for its enhancement or expansion to avoid habitat fragmentation and improve ecological connectivity, helping to support and expand nature networks. In this instance it is noted that the proposals include the removal of a coniferous plantation of Sitka species which was planted in 2012, as well as an adjacent area of Birch and Oak broadleaved plantation. In total, an approximate area of 8.25Ha of trees would be removed from site. Scottish Forestry have noted that they oppose the permanent removal of woodland, however, provided that compensatory planting is provided elsewhere, they do not object to the proposed works in this instance. Similarly, the Planning Service notes that, subject to the provision of 52
Page 53
appropriate compensatory planting elsewhere, there would be no net loss of forestry or woodland in this case. As such, conditions would be attached to any consent issued requiring the provision of compensatory planting to replace the trees that require to be removed to facilitate the development. Subject to this condition, the proposals are considered to comply with Policy 6 of NPF4. 10.4 Policy 7 – Historic assets and places of NPF4 seeks to protect and enhance historic environment assets and places and to enable positive change as a catalyst for regeneration. Similar policy with regard to the protection of the historic environment is contained within Policy 14 of SLLDP2. There are no sites of historical interest that would be directly affected by the proposed development in this instance. Furthermore, it is noted that WoSAS have advised that archaeological matters relating to the proposed development can be dealt with through the imposition of an appropriate condition to any consent issued by the Council. As such, the view is taken that the proposals satisfactorily comply with the provisions of Policy 7 of NPF4 and Policy 14 of SLLDP2. 10.5 NPF4 Policy 11 – Energy seeks to encourage, promote, and facilitate all forms of renewable energy development, including supporting infrastructure. Development proposals for all forms of renewable, low carbon and zero emissions development 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. Similar policy with regard to renewable energy is contained within Policy 14 of SLLDP2 with further guidance contained within the Council’s Supporting Planning Guidance on Renewable Energy (January 2021). In this particular case, there would no impact on communities or individual properties in terms of visual impact or noise nor any adverse effect on residential amenity due to the isolated location of the site. There would be no significant adverse visual or landscape impacts as a result of the topography of the site and adjoining land. Access to the site would use the existing private road that serves the adjacent Coalburn Substation, with a new spur road to be formed to serve the site itself. The site is not located in proximity to any listed building, Conservation Area or other historical asset that would be impacted upon by the proposals. As such, the proposals do not raise any significant matters of concern and can be considered to comply with the provisions of Policy 11 of NPF4, Policy 14 of SLLDP2 and the Council’s Supporting Planning Guidance on Renewable Energy. 10.6 NPF4 Policy 29 – Rural development seeks to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. Similar policy is provided in SLLDP2 Policy 4 – Green Belt and Rural Area. As detailed above, the view is taken that the proposals would represent an appropriate rural development that would not significantly adversely affect the rural area while making a positive contribution in respect of Scotland’s climate change ambitions. The proposals are therefore considered to be compliant with the provisions of Policy 29 of NPF4 and Policy 4 of SLLDP2. 10.7 Policy 5 - Development Management and Placemaking of SLLDP2 states that development proposals should take account of and be integrated with the local context and built form. In addition, proposals should comply with general development management principles, with regard to issues such as amenity, traffic and transportation and environmental considerations. Policy 15 – Traffic and Transport further enforces the requirements to account for and mitigate the transport impact associated with significant scale development proposals. In this regard the Council’s Roads, Transportation and Fleet Services have confirmed that, subject to 53
Page 54
recommended conditions, the proposals would not raise any unacceptable transportation impacts. Overall, the proposed development would not create any unacceptable amenity impacts and is considered to comply with the relevant provisions of Policies 5 and 15 of SLLDP2. 10.8 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 planning permission is granted for the proposed development, subject to the attached conditions. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant 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 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. Thereafter, before the development is completed or brought into use, the fence or wall for which the permission of the Council as Planning Authority has been obtained under the terms above, 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. 03. That no development shall commence until drainage and flood risk details to include signed appendices A to E are submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the surface drainage works and any required flood mitigation 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 development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. 54
Page 55
Reason: To ensure the appropriate protection of any items of archaeological significance within the site. 05. That, prior to development commencing, a Construction Environmental Management Plan (CEMP) must be prepared to cover the construction works. The CEMP must incorporate a pollution prevention plan, dust management plan and a waste management plan. The CEMP will be finalised in consultation with the Planning Authority, SEPA and NatureScot, and implemented thereafter to the satisfaction of the Council in consultation with SEPA and NatureScot. Reason: To safeguard the environmental amenity of the area. 06. That, following final approval of the CEMP set out in Condition 05 above, an Environmental Clerk of Works (ECoW) will regularly visit the site to monitor the implementation of the protocols outlined in the CEMP, to the satisfaction of the Council as Planning Authority in consultation with NatureScot and SEPA. The ECoW will have the authority to intervene during the works including the powers to stop works if necessary. Reason: To safeguard the environmental amenity of the area. 07. That, prior to development commencing, the Pollution Prevention Plan will be finalised in consultation with the Planning Authority, SEPA and NatureScot and implemented thereafter to the satisfaction of the Planning Authority, SEPA and NatureScot. Reason: To safeguard the environmental amenity of the area. 08. That the proposed planting plan for the area of new woodland in the Outline Landscape Restoration Scheme contained within the SP Energy Networks Environmental Appraisal, dated March 2024, shall maintain the proposed species for planting and that no birch shall be planted within 100m of the edge of the designated site boundary. Reason: To safeguard the environmental amenity of the area. 09. That the recommendations of the SP Energy Networks Environmental Appraisal undertaken in respect of the site, dated March 2024, shall be implemented and adhered to on site at all times. Reason: To safeguard the environmental amenity of the area. 10. That prior to commencement of works on site the applicant shall submit, for the written approval of the Council as Planning Authority, an Abnormal Load Route Assessment for the proposed delivery route from port to site via M74 at Junction 11, including details of any alterations to the public road to facilitate the specialist loads and bridge assessments. Reason: In the interests of road safety. 11. That once the Abnormal Load Route Assessment referenced in Condition 10 is approved, the agreed works and modifications to the Council's local road network shall be implemented on site in accordance with the approved drawings and specification and to the satisfaction of the Council as Planning Authority prior to any abnormal load delivery. 55
Page 56
Reason: In the interests of road safety. 12. That prior to commencement of works on site the applicant shall submit, for the written approval of the Council as Planning Authority, traffic management proposals for the temporary works required on the B7078 for the Poniel Bridge crossing associated with the abnormal load delivery. Reason: In the interests of road safety. 13. No development shall commence until a construction phase Traffic Management Plan (TMP) has been submitted for the written approval of the Council as Planning Authority. The plan shall include details of the following:- a) The routeing of all traffic associated with each phase of the development. b) A construction programme with HGV/LGV/Car movements by month and type of work. c) Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures. d) Details of all temporary construction direction signage. e) Provisions for emergency vehicle access. f) Wheel washing facilities to prevent detritus being deposited on the public road. g) Site staff car parking and laydown space. h) Identification of a nominated person to whom any road safety issues can be referred. Reason: In the interests of road safety. 14. That, prior to the commencement of works on site, a Road Dilapidation Survey Strategy shall be submitted to, and approved in writing by, the Planning Authority. The strategy shall include arrangements for undertaking road dilapidation surveys of the B7078 for 50 metres in each direction from the existing access and for ongoing dilapidation surveys including submission of written reports and arrangements for undertaking repairs. The initial survey will be carried out jointly with a representative of the Council's Roads Area Office with subsequent surveys and repairs being carried out in accordance with the approved strategy. Reason: In the interests of road safety. 15. That during the construction phase the applicant ensures that they have arrangements in place for appropriate cleaning systems within the site to ensure mud and debris is not deposited on the public road, to the satisfaction of the Council as Planning and Roads Authority. Reason: In the interests of road safety. 16. That, prior to commencement of works on site, a Compensatory Planting Plan (content subject to agreement with Scottish Forestry) shall be provided to the satisfaction of the Council in consultation with Scottish Forestry that details the area of permanent deforestation that will result from the development. This plan should clearly articulate how that area has been calculated. Consideration shall be given to the impact that operations may have on the rooting areas surrounding trees and note that damage to these areas may result in the death of trees. In such circumstances these areas shall also be included within any compensatory planting plan considerations. 56
Page 57
The Compensatory Planting Plan must comply with the UK Forestry Standard and as a minimum include detail relating to species composition, design, cultivation and drainage, protection, deer management and ongoing maintenance requirements. Reason: To ensure the provision of appropriate compensatory planting associated with the proposed development. 17. That the area of land for which compensatory planting is proposed shall be either under developer ownership or managed under a third-party lease agreement of suitable timescale. This land shall be capable of supporting woodland growth sufficient to result in the delivery of the required compensatory outcomes, all to the satisfaction of the Council in consultation with Scottish Forestry. Reason: To ensure the provision of appropriate compensatory planting associated with the proposed development. 18. That the appointed Clerk of Works referenced in Condition 06 above shall have an ecological background, and their remit shall include the monitoring of the establishment of any compensatory planting, to the satisfaction of the Council in consultation with Scottish Forestry. Reason: To ensure the provision of appropriate compensatory planting associated with the proposed development. 12. Reason for Decision 12.1. The amended proposals accord with Policies 1, 2, 3, 4, 5, 6, 7, 11 and 29 of the National Planning Framework 4, and with Policies 1, 2, 4, 5, 14, 15, and 18 of the adopted South Lanarkshire Local Development Plan 2 and its supporting planning guidance on Renewable Energy. David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/24/0320 | Erection of a 400kV electrical substation, associated groundworks, vehicular access road, water detention pond, temporary construction compound and car park area, and provision of temporary soil storage area | Land 275M North of Coalburn Substation B7078 From Cairnhouses C13 To Millbank Int A70 Lesmahagow Lanark ML11 0JU (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. 57
Page 58
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 58
Page 59
59
Page 60
60
Page 61
Report Agenda Item Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0607 Proposal: Formation of tourist accommodation on undeveloped land, including erection of 6 log cabins, formation of a vehicle access, creation of a car park and associated infrastructure (in part retrospective) Site Address: Land 140M West of Brownlee House Mauldslie Road Carluke Applicant: Mr Peter Francis McGough Agent: David Gibson Ward: 05 - Carluke Application Type: Full Planning Permission Advert Type: Non-notification of neighbours Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 6 61
Page 62
1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as 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 off Mauldslie Road, which connects to Carluke situated approximately 4 miles to the east, to Brownlee Road (leading to Law) situated to the north and Garrion Bridge to the south. 2.2. The site itself is wooded along its northeastern edge with Mauldslie Road and on opposite boundaries (NW and SE) to the southwest, lies open land with levels beginning to drop towards the River Clyde around 300m to the south west. There are notable singular trees situated within the open land. 2.3. On the site visit by Officers, it was noted that unauthorised works have taken place to extend the access point into the site and form the parking area that is denoted on the proposed plans. 3. Description of Proposed Development 3.1. The proposal consists of 6 log cabin style tourist accommodation units. Four of which are single storey one bed cabins and 2 two storey, two bed cabins. The designs consist of a pitched roof timber cabin with a glazed gable end. The two storey cabins include a covered terrace style balcony. The floor plans consist of a separate bedroom area, kitchenette and a shower room/toilet to each cabin. An access and parking area is also shown on the proposed plan (which has already started works). 3.2. It is proposed that private drainage arrangements in the form of a septic tank is used. No sustainable urban drainage provisions are provided. A connection to the public water supply would be sought. 4. Relevant Planning History 4.1. P/23/0835 – Formation of vehicle access to field – approved. 5. Supporting Information 5.1. None 6. Consultations 6.1. Roads Development Management – no objection subject to conditions relating to visibility splays and parking on site. Response: Noted. These matters could be addressed through condition if the application was to be approved. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 4 representations have been received (4 objections, 0 support). The issues raised are summarised as follows:- Amenity Impacts Access Rights to maintain septic tank Amenity impact on neighbours, light, odour and increased noise and activity particularly since groups could be attracted (eg. hen and stag parties) 62
Page 63
Overlooking to 1 Brownlee Meadows, due to landform and lack of hedging between the outdoor space and resident Request to limit clientele and use Concerns at the number of users Natural and Historic Environment Fails to protect and enhance natural and historic environment and the green network Impact on biodiversity and lack of biodiversity enhancement Disrupt views from Dalserf Church Impact on character and setting of green belt Impact on landscape and visual amenity Lack of tree and biodiversity surveys Impact on Special Landscape Area Design does not respect existing built form, land form or local landscape character or setting Impact on ecology from large turning area Car park is at odds with the Special Landscape Area Sustainability Not sustainably located, no opportunity for active travel, can only be accessed by car and increase in traffic generation Does not involve the reuse of vacant and derelict land No inclusion of renewable energy sources or shown reduction of carbon reduction measures No provision for new or extending footpaths/cycle routes or access to public transport Lack of sustainable transport options to restaurants, cafes etc Lacks the fundamentals for visitor accommodation - public transport, walking, wheel and cycling Other Matters Lack of SUDs detail or appropriate water management No evidence that the proposal would contribute positively to the surrounding area Does not meet rural area business policy GBRA 2 and fails to reuse existing buildings or a building group Low Quality Design Not compatible with NPF4 Green Belt Policy 8 Tourism development is not an essential development in this area Unsafe access Accepting proposals on undeveloped land could create a precedent 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. 63
Page 64
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 6 – Forestry, trees and woodland Policy 8 - Green belts Policy 12 - Zero waste 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, 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 SLLDP2 Volume 2 Policies Policy SDCC3 - Sustainable Drainage Systems 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 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. Principle of Development: Policy 8 of NPF4 and Policies 4 and GBRA2 of SLLDP2 relate to business development within the designated green belt. 10.2. 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 proposal in the green belt. However, the necessary requirement is to demonstrate there is no suitable alternative site outwith the green belt. There has been no supporting statement provided to set out that a green belt location is essential and the proposal could not 64
Page 65
be provided on an alternative site elsewhere. It is not considered that there are special or unique characteristics to this site. 10.3. The purpose of the green belt, as defined in NPF4, includes to use land sustainably, to direct development to the right locations, protect and enhance the landscape, to support nature networks and that land is managed to help tackle climate change. The site as located has no access to a pavement and there is no provision of a bus service along Mauldslie Road. It is noted there is a core path, the Clyde Walkway, within the applicant’s ownership 300m SW of the application site. This only represents one possible amenity visitors could access on foot. Visitors, which could amount to 6 couples/families at one time, would be dependent on the private car to get to the site and then travel around the surrounding area. 10.4. Utilising a site where users would be reliant on the private car is at odds with the surrounding area and landscape (discussed later in assessment) and is considered to undermine the intent of the green belt at this location. The proposal fails the necessary requirements of part (ii) of Policy 8 of NPF4, in that it has no essential reason for the proposal to be located in the green belt and undermines the purpose of the green belt. 10.5. Policy 4 of SLLDP2 carries similar tests requiring any proposal which does not require to be in the green belt shall be located in a settlement. There is no reasoning provided as to why the development requires to be located at this location. Therefore, the proposal is considered contrary to Policy 4 of SLLDP2. 10.6. Policy GBRA2 of the SLLDP2 gives preference to the conversion and re-use of existing buildings. Where it is shown appropriate buildings are not available 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 below. There is no supporting statement to provide any justification as to why the conversion or reuse of an existing building could not occur. As there is no demonstration as to why the proposal is essential at this location, the proposal fails to meet the terms of Policy GBRA2 of SLLDP2. 10.7. 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. Policy VET2 Visitor Accommodation also applies and provides further criteria including financial viability, and good visual integration with the surrounding area. 10.8. The site is not allocated for a tourism use. There is no supporting information submitted to this application, to indicate visitor demographic, financial viability or need for the proposal. The landscape impact is assessed below, however, it is not considered the proposal integrates fully with the surrounding area. 10.9. Representations have raised concerns relating to the type of accommodation attracting groups and concerns relating to the associated noise and amenity impacts of groups. There is no information submitted to suggest the type of visitor demographic proposed. Whilst it is possible groups would choose this location, there is a lack of surrounding amenities to serve groups. There is also no information provided on the surveillance and or servicing of the tourist accommodation. There is insufficient information to establish and fully assess the level of impact on the surrounding locality. 65
Page 66
10.10. 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, impact on locality, 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. 10.11. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. Policy SDCC7 also requires low or zero carbon technologies in new buildings. 10.12. The proposal does not utilise vacant and derelict land, nor is there any detail of renewable energy sources or low/zero carbon technologies. Although further detail could have been sought if the proposal was considered suitable in principle. 10.13. Layout, Siting and Design 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. Policy 5 Development Management and Placemaking seeks to ensure no unacceptable adverse impact on amenity and suitable parking and access. Policy 14 Natural and Historic Environment of SLLDP2 directs the reader to Policy NHE16 Landscape. The site is located in the Special Landscape Area of the Middle Clyde Valley. 10.14. The landscape guidance advises that the landscape would be very sensitive to any loss of woodland cover and that the landscape has been affected by introduction of development including that from leisure activities. The upper valley slopes, which is relevant in this case, are particularly sensitive to development. 10.15. Whilst the buildings are for the most part small scale and designed to be simple in nature. The two storey cabins, however, in particular, are tall and narrow with an overhanging roof design. This results in the proposal being of a scale, form and mass that is incongruous and at odds with the surrounding area. 10.16. Representations have been received regarding concerns of loss of amenity by way of overlooking. The cabins are designed with glazed frontages. However, it is not considered there would be a significant adverse impact on residential amenity by way of overlooking. There is a lack of information on the open space available to visitors within the proposal and its use, visitor demographic, timings, servicing and/or surveillance to make an overall assessment of the impact on residential amenity by way of noise and disturbance. 10.17. The proposal as submitted fails to give due attention to the natural landscape and nor is it considered to be in a sustainable location which encourages active travel. There is insufficient information to establish the level of impact on residential amenity on neighbouring properties. The proposal fails to meet the terms of Policy 14 of NPF4 and Policy 5 Development Management and Placemaking. 10.18. Biodiversity and Trees Policy NHE13 Forestry and Woodland of SLLDP2 advises that proposals likely to impact on individual trees shall be accompanied by a full tree survey. Policy 6 of NPF4 advises against development proposals which result in any adverse impact on ancient woodland and/or adverse impact on individual trees of high ecological value or ancient or veteran trees. 66
Page 67
10.19. The proposed works are sited around 20m from woodlands designated as ancient woodland shown on maps since 1750. Whilst the proposal is likely positioned sufficient distance from the designated ancient woodland, there are two prominent trees within the application boundary of amenity value. In particular, a notable beech tree sited within the area of the proposed cabins which would warrant retention. 10.20. There is insufficient information submitted with the application to establish if there would be an adverse impact upon the adjacent trees, in particular their root system. The proposal provides insufficient information to establish the absence of adverse impact on individual trees. The proposal fails to meet the terms of Policy NHE13 of SLLDP2 and Policy 6 of NPF4. 10.21. Policy 3 of NPF4 outlines that local developments should conserve, restore, and enhance the biodiversity value of a site. For a proposal of this scale, further biodiversity measures could be agreed and imposed by condition if the proposal was deemed to be suitable. That said, retention of trees within the site would be a key part of conserving the existing biodiversity value. 10.22. 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. 10.23. 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 cabins, parking, and access roads. No SUDS has been proposed or details provided. 10.24. Policies DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and wastewater services. Private septic tank is proposed for wastewater but no detail on plans has been provided. A public water supply is proposed. 10.25. Should the proposal have been found to have been suitable in principle then further details could potentially have resolved the above technical matters. 10.26. Conclusion In summary, taking all of the above into account there is no essential reason or locational need for the development of 6 cabins for tourism use at this location in the green belt. Furthermore, it does not represent a sustainable location, users being reliant on the private car, and the design is at odds with the surrounding area. There is insufficient information to fully assess impact on residential amenity, impact on trees or suitable biodiversity measures. 10.27. As such the proposal fails to adhere to the provisions of the development plan with specific regard to Policies 4, 5, 6, NHE13, GBRA2, VET2 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and Policies 8, 30, 6, and 14 of National Planning Framework 4 (adopted 2023). 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. 67
Page 68
11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 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 it has not been demonstrated that there are no existing buildings suitable for conversion. 04. The proposal would be contrary to Policy VET2 - Visitor Accommodation of the South Lanarkshire Local Development Plan 2 as there is no accompanying business plan which demonstrates the need for the accommodation and financial viability of the proposal and the proposal fails to integrate with the surrounding area. 05. The proposal would be contrary to Policy 5 Development Management and Placemaking of South Lanarkshire Local Development Plan 2 as there is insufficient information to assess the level of impact on neighbouring residents. 06. 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 and the purpose of the green belt would be undermined. 07. 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. 08. The proposal would be contrary to Policy 6 - Forestry, woodland and trees of National Planning Framework 4 and Policy NHE13 Forestry and Woodland of South Lanarkshire Local Development Plan 2 as there is insufficient information to establish the extent of impact on adjacent notable trees to the proposed works. 09. The proposal would be contrary to Policy 14 Quality, Design and Place as it is not considered a sustainable location nor does the proposal provide due attention to the surrounding landscape and area in terms of design and/or amenity. David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 68
Page 69
Background Papers Further information relating to the application can be found online:- P/24/0607 | Formation of tourist accommodation on undeveloped land, including erection of 6 log cabins, formation of a vehicle access, creation of a car park and associated infrastructure (in part retrospective) | Land 140M West Of Brownlee House Mauldslie Road Carluke 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 69
Page 70
70
Page 71
Report Agenda Item Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0686 Proposal: Erection of 12 dwellings with associated access, parking and landscaping Site Address: Site to the rear of 14-32 Kingston Crescent Kingston Crescent East Kilbride Applicant: KR Clyde Valley Six Ltd Agent: Nixon Consultants Ward: 06 East Kilbride South Application Type: Full Planning Permission Advert Type: Non-notification of neighbours: East Kilbride News 10 June 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 7 71
Page 72
1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Section 16 of the Scheme of Delegation 2022 as the proposal is for more than 10 residential units. 2. Site Description 2.1. The application site extends to approximately 0.9 hectares and was previously part of the former Newlands Dairy. The site is designated as housing land supply within the adopted South Lanarkshire Local Development Plan 2. 2.2. The site is generally flat grassed land with a small number of trees around the perimeter of the site. There is an embankment containing trees to the north of the site sloping down towards an existing residential development. There are also residential developments to the south and east of the site, and agricultural land to the west. It is noted that the site sits at an elevated position in comparison to the properties to the north and east. The site has an informal access via a strip of land between 16 and 18 Kingston Crescent. 3. Description of Proposed Development 3.1. Detailed planning permission is sought for the erection of 12 dwellings with associated access, parking and landscaping. This would comprise of eleven two storey detached properties, and one bungalow across five house types. The dwellings would each be finished in a mix of modern materials with some plots including single garages. Access into the site would require the formalisation of the land between 16 and 18 Kingston Crescent into an access road linking it into Kingston Crescent. The proposal includes the access road, parking and landscaping. 4. Relevant Planning History 4.1. A planning application for the erection of 13 dwellings at the site was submitted under application number EK/14/0121 but was withdrawn. An application for 10 dwellings was approved at the site in 2017 under EK/17/0021, however, the consent expired before being utilised. A further application was submitted under P/21/1590 for 14 dwellings. This application was refused at Planning Committee in April 2024 due to insufficient information in relation to traffic and drainage. 5. Supporting Information The following information was submitted by the applicant in support of the application:- 5.1. Planning Statement - outlines the site context, layout, design, access and drainage of the proposed development. 5.2. Flood Risk Assessment - reports on any existing flooding issues at the site and considers mitigation measures. 5.3. Ecology Report/Biodiversity Statement - this presents the findings of an ecological appraisal carried out at the site. 6. Consultations 6.1. Environmental Services – no objections to the proposal subject to the attachment of standard conditions and advisory notes. Response: Noted. Should permission be granted, appropriate conditions can be attached. 72
Page 73
6.2. Roads Development Management – no objections to the proposal subject to the attachment of standard conditions in relation to visibility splays, parking/driveway standards, gradients, drainage and management of construction traffic. Response: Noted. Should permission be granted, appropriate conditions can be attached. 6.3. Roads Flood Risk Management – no objections to the proposal subject to the submissions of signed appendices C, D and E from the Council’s developer design guidance. Response: Noted. Should permission be granted, an appropriate condition can be attached. 6.4. Scottish Water - no objections to the proposal. Response: Noted. 6.5. SP Energy Networks – no objections to the proposal. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 7 representations have been received (7 objections). The issues raised are summarised as follows:- Impact on amenity for existing residents Loss of light/overshadowing Impact on wildlife/biodiversity Loss of trees/creation of unusable strips of land Overlooking/loss of privacy Road layout/unsuitable access/creation of thoroughfare Increased traffic/construction traffic No requirement for further new builds in area Noise disturbance Odours/pollution/emissions/impact on air quality Drainage/flooding Incompatible with NPF4 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. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 – Biodiversity 73
Page 74
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 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 11 - Housing Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy SDCC2 - Flood risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 – Sustainable Transport NHE13 – Forestry and Woodland 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Principle of Development The site is located on land allocated as a housing site within the adopted South Lanarkshire Local Development Plan 2. In addition, the site previously had consent for 10no. dwellings under application EK/17/0021, though as noted above, this has since expired. Despite the expiration of the previous consent, the principle of residential development at the site is acceptable. 10.2. Residential developments are generally supported by Policies 1 – Spatial Strategy, 3 – General Urban Areas and Settlements, and 5 – Development Management and Placemaking of SLLDP2 as they direct development to allocated sites within the settlement boundary. Policy 16 of NPF4 – Quality Homes, also aims to encourage promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations. SLLDP2 Policy 11 – Housing supports housing developments on identified sites, subject to the proposals according with the other relevant polices in the development plan. 10.3. 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 development is located within the settlement boundary and close to 74
Page 75
public transport links for access to local amenities. In addition, the proposed development will incorporate some measures to improve the sustainability of the development and mitigate against climate change including high performance thermally efficient windows and air source heat pumps. 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. 10.4. 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 former agricultural land. Impact on wildlife and loss of green space have been raised in objection to the proposal. The applicant has provided an ecological survey/biodiversity statement which advises the proposal would have no likely impacts on European Protected Species. It notes that the hedgerows at either side of the site have a biodiversity value and should be retained where possible, however, the applicant has confirmed the hedgerows are outwith the site boundary. The survey also includes a number of recommendations. Should permission be granted, a condition would be attached requiring all recommendations of the survey to be carried out. Given this, the proposal is considered to be compliant with the requirements of Policy 3 of NPF4. 10.5. 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. Loss of trees has been raised in objection to the proposal. As noted, the site is overgrown and whilst bounded by a number of trees and hedgerows, the majority of these are outwith the application site boundary. The applicant has confirmed that the proposal will require the removal of 3 trees, however, replanting would also be implemented throughout the site. 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. 10.6. 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. 10.7. The proposal is for 12 dwellings which includes a variety of house types finished in modern materials. Objections received in respect of the proposal have raised concerns in relation to overlooking, loss of amenity, loss of privacy and overshadowing. Having considered the proposal, the layout, design and materials comply with the general requirements of development plan policy. Each property has 75
Page 76
a suitable provision of garden ground and there is a mix of house types. The proposed dwellings are more than the required distance from existing properties therefore 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. 10.8. 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 facilities in East Kilbride and near a bus route. The proposal is therefore considered to be generally consistent with Policy 15 of NPF4. 10.9. 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. 10.10. 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. 10.11. 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. 10.12. 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, unsuitable access and congestion. The Council’s Roads Development Management Service have reviewed the proposal and offered no objections subject to the attachment of conditions. The proposal is therefore considered to comply with Policy 15 of SLLDP2. 76
Page 77
10.13. NPF4 Policy 13 - Sustainable Transport and SLLDP2 Policy SDCC4 – 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 also include EV charging. The site is also within proximity of an existing bus route and there are pedestrian links within the site. The proposal therefore complies with Policy 13 of NPF4 and Policy SDCC4 of SLLDP2. 10.14. The impact of the development on adjacent properties in terms of noise, odours, pollution, emissions and impact on air quality have also been raised in objection. The Council’s Environmental Services have been consulted and raised no concerns in respect of these matters. 10.15. 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. 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 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; and (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. 77
Page 78
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. 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. 07. Prior to development commencing on site, a scheme for the control and mitigation of dust during construction shall be submitted to and approved in writing by the Council as Planning Authority. No changes to the approved scheme shall take place unless agreed in writing by the Council as Planning Authority. The scheme shall thereafter be implemented in accordance with a programme to be agreed in writing with the Council as Planning Authority. Reason: To minimise the risk of nuisance from dust to nearby occupants. 08. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's 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. 09. Should discharge from the sustainable drainage system be to the Scottish Water system, a copy of the letter from Scottish Water, confirming approval to connect to their system, is required to be submitted to the Council. Reason: This detail has not been submitted. 78
Page 79
10. That, unless otherwise agreed in writing with the Council as Planning Authority, provision shall be made for electrical charging points within the development for motor vehicles and mobility scooters. Prior to any works commencing on site, details of the proposed arrangements shall be submitted and agreed in writing with the Council as Planning Authority. Thereafter the scheme shall be implemented to the satisfaction of the Council as Planning Authority. Reason: To ensure the provision of appropriate facilities on site. 11. That before the development hereby approved is completed or brought into use, pedestrian dropped kerbs either side of the new access shall be implemented to the satisfaction of the Council. Reason: In the interests of public safety. 12. That no gates or other obstructions shall be erected within the first 6 metres of the driveway as measured from the heel of the footway. Reason: In the interests of traffic and public safety. 13. That any garage or car port erected shall be at least 6 metres from the heel of the footway. Reason: To ensure the provision of adequate parking facilities to reduce the incidence of roadside parking/obstructions. 14. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 43 metres at the access to the development shall be provided and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 1.05 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of public safety. 15. That before the development hereby approved is completed or brought into use, a pedestrian visibility splay of 2.4 metres x 2.4 metres, (measured from the heel kerb of the footway) at each driveway is required. Within these splays, nothing exceeding 1.05 metres in height shall be planted, placed or erected. Reason: In the interests of public safety. 16. That before the development hereby approved is completed or brought into use, at all driveways a vehicular visibility splay of 2 metres x 35 metres, (measured from the edge of the carriageway) is required unless there is traffic calming measures where this can be reduced to 2 metres x 20 metres. Within these splays, nothing exceeding 1.05 metres in height shall be planted, placed or erected. Reason: In the interests of public safety. 17. That before the development hereby approved is completed or brought into use, all traffic calming should be in accordance with the National Roads Development Guide. No vertical measures are permitted within a shared surface. Reason: In the interests of public safety. 79
Page 80
18. That before the driveway is completed or brought into use, the surface of the first 2 metres of driveway shall be so trapped and finished in hardstanding. Reason: In the interests of traffic safety and to reduce deleterious material entering the road. 19. That driveways shall not have a gradient in excess of 1:10. Reason: In the interests of traffic and public safety. 20. That before the development hereby approved is completed or brought into use, no part of the proposed adoptable carriageway or footway shall be constructed in retention by either a slope with a gradient greater than 1 in 2 or a structure. Reason: In the interests of traffic and public safety. 21. That prior to commencing works on site the developer shall submit, for the written approval of the Council as Roads Authority, a Traffic Management Plan (TMP) which shall include construction traffic access/egress arrangements and routes from suitable 'A' Class roads. The TMP should include information such as, but not limited to, construction access routes to/from the site, wheel washing facilities, site car parking for operatives/visitors and any temporary site access arrangements. Once approved, all works shall be undertaken in accordance with the TMP. No construction traffic access shall be permitted on routes not agreed with the Council as Planning Authority as written through the TMP. Reason: In the interest of road safety. 22. That the requirements and recommendations of the EP Ecology Ltd Preliminary Ecological Appraisal Report update report dated June 2024, 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. 23. That all trees to be retained within the site, and those adjacent to the site, shall be fully protected during the period of construction and prior to any work commencing on the site, written details specifying the nature of such measures shall be submitted to and approved by the Council as Planning Authority. Existing trees to be retained must be protected in accordance with methods as set out in BS5837/2012 during and until completion of all site operations and building works. Reason: To ensure that adequate steps are taken to protect existing trees on the site throughout the period of the proposed building operations. David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/24/0686 | Erection of 12 dwellings with associated access, parking and landscaping | Site To The Rear Of 14-32 Kingston Crescent Kingston Crescent East Kilbride (southlanarkshire.gov.uk) 80
Page 81
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 81
Page 82
82
Page 83
Report Agenda Item Amended Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0739 Proposal: Erection of 182 dwellinghouses with associated roads, drainage, landscaping and open space (amendment to P/24/0019) Site Address: Land 360m NNE of Hallside Manse Manse Brae Cambuslang G72 7XF Applicant: Miller Homes Ltd Agent: N/A Ward: 14 Cambuslang East Application Type: Full Planning Permission Advert Type: Schedule 2: Rutherglen Reformer 22 July 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 8 83
Page 84
1. Reason for Report 1.1. The application is required to be determined by the Planning Committee as it relates to an amendment to a housing proposal of 50 or more units. 2. Site Description 2.1. The application site, extending to approximately 18.3 hectares, is largely rectangular open grassland and is bounded to the west by Drumsagard village, to the south by Hamilton Road and to the north and east by open space/farmland. To the north is Hallside Road and a new housing estate. The site rises from west to east and is traversed by a high-pressure gas pipeline. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of 182 dwellinghouses with associated roads, drainage, landscaping and open space (amendment to P/24/0019). As noted, planning permission for 182 dwellings has already been approved at this site, however, this application proposes some minor revisions which includes change of house types on Plots 1-4, repositioning of the internal road, repositioning of a substation, redesign of SUDs area, reduction in garage size of the Richford house type and changes to garden sizes on Plots 52, 53 and 135. 3.2. As before, the site would comprise of a mix of detached and semi-detached properties across thirteen house types. All dwellings would be two storey and finished in a variety of materials. The development would remain sited over two separate areas with 129 dwellings on the northern section and 53 on the southern section. The developed area will be approximately 14.3ha with an additional 4ha of tree planting on the eastern boundary. This tree covered area will not be developed, though a small section of this requires to be removed to allow for retention. 3.3. Access to the site will be from Hamilton Road to the south, with a separate emergency vehicle access point to the north from Hallside Road. The SUDs basins will be in the north-west and south-west corners of the site, with a centrally located play area. New footpath links will be provided throughout the site, several of which will connect into existing path networks. 4. Relevant Planning History 4.1. Planning permission was granted at the site in 2021 for 190 dwellings under application P/20/0023 subject to the conclusion of a legal agreement to cover matters relating primarily to developer contributions. This legal agreement has now been concluded and registered allowing planning permission P/20/0023 to be issued in November 2021. 4.2. In March 2023, a further substitution of house types application for 190 dwellings was submitted for the site and approved by Planning Committee under application P/22/1377. 4.3. In April 2024, a further substitution of house types application for 182 dwellings at the site was approved by Planning Committee under application P/24/0019. 5. Supporting Information 5.1. As this application relates to minor revisions of a recently approved application, there was no requirement for further supporting information to be submitted in this instance. 84
Page 85
6. Consultations 6.1. Roads Development Management - no objections to the proposal subject to the attachment of conditions in relation to visibility splays, parking/driveway standards, gradients, drainage and management of construction traffic. Response: Noted. Should permission be granted, appropriate conditions can be attached. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 4 representations have been received (4 objections). The issues raised are summarised as follows:- Impact on wildlife/biodiversity Proximity of development to residential properties Deviation from previously approved layout The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 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 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 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 85
Page 86
Policy 14 – Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy NHE9 – Protected Species Policy NHE18 – Walking, Cycling and Riding Routes Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 - Sustainable Transport South Lanarkshire Council (SLC) Supporting Planning Guidance Residential Design Guide (RDG) (2011) 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction The application relates to a number of minor changes to the layout of the site, approved under P/24/0019 which is currently under development by the applicant, Miller Homes. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. The majority of technical matters such as drainage, roads and ecology have been previously addressed as the proposal is following an approved layout and the proposal complies with the relevant Development Plan policies in this regard. However, as some of the revisions relate to roads matters, the Council’s Roads Development Management section have been consulted on this application as outlined above. 10.2. Principle of Development The site is allocated housing land located within the settlement boundary of Cambuslang and SLLDP2 identifies the site as being in an area where Policy 3 – General Urban Areas applies, and also as proposed housing land where Policy 11 – Housing applies. The principle of development has already been established under previous applications for this site. As such, this assessment relates purely to the minor changes proposed to the layout. 10.3. Layout, Siting and Design Policy 14 - Design, Quality and Place of NPF4 aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design- led approach and applying the Place Principle. Policy 5 – Development Management and Placemaking of SLLDP2 advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and the environment. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.4. The revised layout, including mix of house types and size of properties are considered to be acceptable and in compliance with the principles of the approved masterplan. The plots can still meet the requirements of the RDG in terms of window-to-window distances, garden sizes and parking requirements. In addition, it is considered that 86
Page 87
the proposed development would integrate with adjacent residential developments. Comments received in respect of the proposal relate to impact on wildlife and biodiversity, proximity to existing residential properties and deviation from the originally approved site layout, however, these matters have all been addressed under previous applications. The proposal is therefore considered to comply with Policy 14 of NPF4 and Policies 5 and DM1 of SLLDP2. 10.5. The proposed residential development is located within a reasonable distance of existing health, community and retail facilities, close to main routes, including public transport links. The proposal is therefore considered to be generally consistent with Policy 15 of NPF4. The site is located within the existing settlement on an allocated housing site. The proposed development is of an acceptable layout and, as such, the proposal is considered to be in compliance with Policy 16 of NPF4. 10.6. 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 recommended that Planning permission be granted subject to the attached conditions. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant Full Planning Permission subject to the following conditions:- 01. That no trees within the application site shall be lopped, topped, pollarded or felled, and no shrubs or hedges shall be removed from the application site without the prior written consent of the Council as Planning Authority. Reason: In the interests of amenity and to ensure the protection and maintenance of the existing trees and other landscape features within the site. 02. That before any work commences on the site, a scheme of landscaping masterplan 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 landscaping masterplan 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. 87
Page 88
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. Thereafter, prior to the occupation of any dwelling, the approved scheme shall be implemented to the satisfaction of the Council as Planning Authority. 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. Prior to development commencing on site, a scheme for the control and mitigation of dust shall be submitted to and approved in writing by the Council as Planning Authority. No changes to the approved scheme shall take place unless agreed in writing by the Council as Planning Authority. The scheme shall thereafter be implemented in accordance with a programme to be agreed in writing with the Council as Planning Authority. Reason: To minimise the risk of nuisance from dust to nearby occupants. 08. That no development shall commence until details of surface water drainage arrangements (including provision of a flood risk assessment, drainage assessment and maintenance responsibilities) 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 requirements (Appendices 1, 2, 3, 4 and 5). 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. 09. That the surface water drainage works required by Condition 8 above shall be completed prior to the occupation of the first dwellinghouse and shall be completed in accordance with the details submitted to and approved by the Council as Planning Authority, under the terms of Condition 8 above. 88
Page 89
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. 10. (a) Remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority. (b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels. (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site- specific risk assessment of any associated pollutant linkages, shall then require to be submitted to and approved in writing by the Council as Planning Authority. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 11. Prior to the occupation of each dwellinghouse on the site, the occupier shall be provided with a Travel Information Pack covering public transport and active travel options to the satisfaction of the Council as Planning Authority. Reason: In order to retain effective planning control. 12. That prior to commencing works on site the developer shall submit, for the written approval of the Council as Roads Authority, a Traffic Management Plan (TMP) which shall include construction traffic access/egress arrangements and routes from suitable 'A' Class roads. The TMP should include information such as, but not limited to, construction access routes to/from the site, wheel washing facilities, site car parking for operatives/visitors and any temporary site access arrangements. Once approved, all works shall be undertaken in accordance with the TMP. No construction traffic access shall be permitted on routes not agreed with the Council as Planning Authority as written through the TMP. Reason: In the interest of road safety. 13. That any requirements and recommendations of the JDC Ecology update report dated February 2024 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. 14. 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 89
Page 90
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. 15. That, unless otherwise agreed in writing with the Council as Planning Authority, provision shall be made for electrical charging points within the development for motor vehicles and mobility scooters. Prior to any works commencing on site details of the proposed arrangements shall be submitted and agreed in writing with the Council as Planning Authority. Thereafter the scheme shall be implemented to the satisfaction of the Council as Planning Authority. Reason: To ensure the provision of appropriate facilities on site. 16. 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. 17. 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). 18. That no dwellinghouse shall be occupied until the access roads and footpaths leading thereto from the existing public road and adjacent residential development have been constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the dwellings. 19. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a visibility splay of 4.5m by 120m measured from the road channel shall be provided on both sides of the access on to the A724 Hamilton Road and everything exceeding 0.9m in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 20. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a visibility 2.5m x 60m to the left and 2.5m x 121m to the right measured from the road channel shall be provided at the emergency access on to Hallside Road and everything exceeding 0.9m in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9m in height shall be planted, placed or erected within these sight lines. 90
Page 91
Reason: In the interests of traffic and public safety. 21. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a visibility splay of 2.4m x 25m measured from the road channel shall be provided on both sides of all internal junctions and everything exceeding 0.9m in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 22. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a vehicular visibility splay of 2m x 20m measured from the road channel shall be provided on both sides of all driveways and everything exceeding 0.9m in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 23. That, unless otherwise agreed with the Council as Planning Authority, before the development hereby approved is completed or brought into use, a pedestrian visibility splay of 2.4m by 2.4m measured from the road channel shall be provided on both sides of all driveways and everything exceeding 0.6m in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9m in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 14. 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: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/24/0739 | Erection of 182 dwellinghouses with associated roads, drainage, landscaping and open space (amendment to P/24/0019) | Land 360M NNE Of Hallside Manse Manse Brae Cambuslang G72 7XF (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. 91
Page 92
Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 92
Page 93
93
Page 94
94
Page 95
Report Agenda Item Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0804 Proposal: Erection of dwellinghouse, detached garage with associated off road parking and landscaping Site Address: Bughtknowes Farm Tashieburn Road Forth ML11 8ES Applicant: Tom Ballantyne Agent: David Gibson Ward: 05 Carluke Application Type: Full Planning Permission Advert Type: Non-notification of neighbours Development contrary to development plan Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 9 95
Page 96
1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services in consultation with the Chair of the Planning Committee has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site extends to approximately 0.1 hectares and is situated on agricultural land northwest of buildings situated close to Crooklands Farm, 2.8km east of Forth. Access to the site is via Tashieburn Road. 2.2. The site is bounded to the south by a residential unit which is under construction, whilst there is farmland to the west and north. On the opposite side of the road is Crooklands Cattery. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of a single storey detached dwelling which would contain 4 bedrooms. The property would have an L-shaped footprint, with both pitched and gable roof features. Externally it would be finished in a mixture of render, grey anthracite cladding and concrete roof tiles. A detached double garage is also proposed. 3.2. A driveway would provide off street parking for a minimum of three vehicles, with access onto Tashieburn Road. Sewerage disposal would be via a septic tank and soakaway. Trees would be planted on site along with a native hedgerow on the boundaries. 4. Relevant Planning History 4.1. There is no relevant planning history for the application site. However, the following applications relate to the land directly adjoining the application site to the south:- CL/17/0283 - Change of use of agricultural land to form a single house plot - granted. P/20/0625 - Change of use of agricultural land to form a single house plot (Renewal of CL/17/0283) – granted. P/22/1294 – Erection of 1½ storey dwelling house – granted. 5. Supporting Information 5.1. A Supporting Planning Statement has been submitted in support of the application. 6. Consultations 6.1. Roads Development Management – no objection subject to conditions relating to visibility splays, parking on site, bin storage and the provision of a verge along the frontage of the site. Response: Noted. These matters could be addressed through conditions if the application was to be approved. 6.2. Environmental Services – no objection subject to advisory notes relating to construction noise, nuisance, contamination and septic tank provision. Response: Noted. 6.3. Scottish Water – no objection. Since there is no public sewer within the vicinity of the application site, a private treatment system should be investigated. Response: These comments are noted and it is proposed that sewerage disposal would be dealt with via a septic tank and soakaway. 96
Page 97
7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 4 representations have been received (3 objections, 1 support). The issues raised are summarised as follows:- Lack of notification regarding the submission of the application Access to/from the application site Construction traffic Loss of privacy Loss of view 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 14 - Design, quality and place Policy 15 – Local living and 20 minute neighbourhoods Policy 16 – Quality homes Policy 17 – Rural homes Policy 22 – Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, 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 SLLDP2 Volume 2 Policies Policy SDCC3 - Sustainable Drainage Systems Policy GBRA1 - Rural Design and Development Policy GBRA8 – Development of Gap Sites Policy GBRA9 – Consolidation of Existing Building Groups Policy DM15 - Water Supply Policy DM16 - Foul Drainage and Sewerage 97
Page 98
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. Introduction Planning permission is sought for the erection of a detached dwellinghouse, garage, parking and landscaping. The main issues to be addressed in the determination of this application includes the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The relevant policies set out above will be assessed in turn alongside any relevant material considerations. 10.2. Principle of Development The question of the principle of development is to consider whether a new dwelling house is an appropriate form of development at this location in the rural area. Policy 17 of NPF4 and Policies 4, GBRA8 and GBRA9 of SLLDP2 relate to the construction of dwellings within the designated rural area. 10.3. Policy 4 of SLLDP2 carries tests requiring any proposal which does not require to be in the rural area or green belt, to be located in a settlement. There is no reasonable justification provided as to why this development requires to be located at this location. Therefore, the proposal is considered contrary to Policy 4 of SLLDP2. 10.4. Policies GBRA8 and GBRA9 of the SLLDP2 provide examples of situations where development in the rural area could be permitted and the design requirements that would need to be met. The application site cannot be considered as a gap site or the consolidation of an existing building group. The development proposed cannot be justified and would be more appropriate within a settlement. As there is no demonstration as to why the proposal is essential at this location, the proposal fails to meet the terms of Policies GBRA8 and GBRA9 of SLLDP2. 10.5. Policy 17 of NPF4 lists the acceptable situations for development in the rural area where dwellings would be suitably scaled, sited and designed to be in keeping with the character of the area and the development meets at least one of the criteria which would justify development at this specific location. Residential development is an acceptable form of development within the rural area. However, it is necessary to demonstrate that a dwelling in the rural area meets one of the relevant criteria to justify the site selection. The supporting statement that has been submitted does not identify which criteria of Policy 17 can be used to justify the proposal. 10.6. Policy 16 of NPF4 relates to quality homes and seeks to encourage, promote and facilitate the delivery of high quality homes, in the right location. 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 there is an agreed timescale for build out, where they are consistent with the spatial strategy and consistent with the policy relating to rural homes. In this instance, the proposal does not meet the requirements of Policy 17 Rural Homes and therefore it also does not accord with Policy 16. 98
Page 99
10.7. Consequently, it is considered that the proposal fails to demonstrate compliance with Policy 17 and 16 of NPF4 or Policies 4, GBRA8 or GBRA9 of the SLLDP2 and cannot therefore be supported. 10.8. Climate Change 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. 10.9. The proposal does not utilise vacant and derelict land, nor is there any detail of renewable energy sources or low/zero carbon technologies. Although further detail could have been sought if the proposal was considered suitable in principle. 10.10. Layout, Siting and Design 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. Policy 5 Development Management and Placemaking seeks to ensure no unacceptable adverse impact on amenity and suitable parking and access. 10.11. The proposed development of a new dwelling in the rural area, contrary to policies designed to preserve the rural area from housing in inappropriate locations and promote compact urban growth, is not considered to be characteristic of a liveable place. The design of the dwelling is suburban in appearance, contrary to the rural design guide and inappropriate in a rural area. On this basis it is considered that the proposal is contrary to NPF4 Policy 14 and SLLDP Policies 5 and GBRA1. 10.12. NPF4 Policy 15 relates to local living and 20 minute neighbourhoods. It 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 using sustainable transport. 10.13. The site is a significant distance from the nearest settlement and is not connected to a bus route. Therefore, in terms of accessing daily and weekly needs, any future occupiers would be dependant on car use. Encouraging new homes within the designated rural area, encourages sprawled out, unconnected residential areas lacking facilities and services which this policy seeks to avoid. The proposal would be contrary to the policy intent of NPF4 Policy 15 which is to create connected and compact settlements. 10.14. Natural and Historic Environment NPF4 Policy 3 relates to biodiversity and details that all local development shall include appropriate measures to conserve, restore and enhance biodiversity. It is proposed that the site boundaries would be defined by hedgerows, with birch trees being planted within the site. As the site consists of managed agricultural grassland, the proposal will not have a significant impact on landscape features, protected habitats, or species. Therefore, the proposal accords with NPF4 Policy 3. 10.15. 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. 99
Page 100
10.16. 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 largely permeable. 10.17. Policies DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and wastewater services. A private septic tank is proposed for wastewater, but no details have been provided. 10.18. Conclusion In summary, taking all of the above into account, there is no essential reason, justification or locational need for the development of a dwellinghouse at this location in the rural area. Furthermore, it does not represent a sustainable location, users being reliant on the private car, and the design is at odds with the surrounding area. 10.19. As such the proposal fails to adhere to the provisions of the development plan with specific regard to Policies 4, 5, GBRA1, GBRA8 and GBRA9 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and Policies 14, 15, 16 and 17 of National Planning Framework 4 (adopted 2023). 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 for the following reasons:- 01. The proposal is contrary to Policy 4 (Green Belt and Rural Area) of the South Lanarkshire Local Development Plan 2 in that the new housing proposed does not require to be located within the rural area and should be directed towards an existing settlement. It is therefore an inappropriate form of development at this location. 02. The proposal is contrary to Policy 5 (Development Management and Placemaking) and GBRA1 (Rural Design and Development) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification, leading to the erosion of the rural character of the surrounding area. 03. The proposal is contrary to Policy GBRA8 (Development of Gap Sites) of the South Lanarkshire Local Development Plan 2 as it is an inappropriate form of development, without appropriate justification. The proposal does not meet the criteria to be designated as a gap site. 04. The proposal is contrary to Policy GBRA9 (Consolidation of Existing Building Groups) of the South Lanarkshire Local Development Plan 2 as it is an inappropriate form of development, without appropriate justification. The proposal does not meet the criteria to be designated as the consolidation of a building group and would instead extend the building group into greenfield/agricultural land. 100
Page 101
05. 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 housing development and therefore fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 06. The proposal is contrary to Policy 16 (Quality 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 relevant criteria nor would it support the resettlement of previously inhabited areas, and no evidence was provided to show how the development would contribute towards local living. It is also not consistent with the policy on rural homes (Policy 17 (Rural Homes) of National Planning Framework 4). 07. The proposal is contrary to Policy 14 Design, quality and place of National Planning Framework 4 (NPF4) as it is neither consistent with the qualities of a sustainable place nor with the qualities of a connected place. David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/24/0804 | Erection of dwellinghouse, detached garage with asociated off road parking and landscaping. | Bughtknowes Farm Tashieburn Road Forth ML11 8ES (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 101
Page 102
102
Page 103
Report Agenda Item Report to: Planning Committee Date of Meeting: 24 September 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0840 Proposal: Erection of temporary accommodation, community hub, associated landscaping and access (Class 8) Site Address: Site of Former Westfield Saw Mills Harriet Street Rutherglen Applicant: South Lanarkshire Council (SLC) Agent: N/A Ward: 12 Rutherglen Central and North Application Type: Full Planning Permission Advert Type: Non-notification of neighbours: Rutherglen Reformer 17 July 2024 Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant (Subject to conditions) Legal Agreement: No Direction to Scottish Ministers Not required 10 103
Page 104
1. Reason for Report 1.1. The application is required to be determined by the Planning Committee as more than 5 objections to the proposal have been received. 2. Site Description 2.1. The application site relates to an area of former industrial land on Harriet Street, Rutherglen. The site extends to approximately 0.4 hectares and is located within the settlement boundary as identified in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). The site was previously used by Westfield Saw Mills but has been lying vacant for approximately 7 years. 2.2. The site slopes gently northwards from Wallace Street down to Fairie Street and is enclosed by a combination of a 2m high metal fence and a brick boundary wall. Directly to the east is an established Aldi store, to the west are industrial warehouses and to the north and south are residential flats. The site is a short walk to Rutherglen Town Centre via existing footpath connections. 3. Description of Proposed Development 3.1. Full planning permission is sought by SLC Housing Services for the erection of temporary accommodation, a community hub, associated landscaping and access. The site will have a vehicular access from Harriet Street and an additional pedestrian access at the corner of Harriet Street and Fairie Street. 3.2. The proposed layout shows 16 accommodation pods (including a staff pod) together with a community hub. The community hub will house cooking, welfare and laundry facilities and will provide a central area to allow residents to meet. Each pod will have its own landscaped area, and the remainder of the site will have further landscaping features, an outdoor gym, communal bin areas, parking and bike enclosures. Each pod would house a bedroom, bathroom, small kitchen and living space. 4. Relevant Planning History 4.1. There is no relevant planning history to this site. 5. Supporting Information 5.1. The following information was submitted by the applicant in support of the application: Ecology Report – this presents the findings of an ecological appraisal carried out at the site. 6. Consultations 6.1. Environmental Services – no objections to the proposal. Suggest various conditions in relation to noise and ground conditions. Response: The proposed development would not require significant subsurface groundworks therefore detailed ground investigations are not considered necessary. The proposal is of a residential nature which would not generally result in unacceptable noise levels. 6.2. Roads Development Management – no objections. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement in the Rutherglen Reformer, a total of 61 representations have been received (55 objections and 5 letters of support). The issues raised in the objections are summarised as follows:- 104
Page 105
Road/pedestrian safety Increased traffic Insufficient existing infrastructure Loss of property value No amenities provided and pressure on existing amenities already at capacity Drainage Contrary to the development plan Anti-social behaviour Sustainability of the proposed use Social integration Proposal wasn’t advertised widely enough 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. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 14 - Design, quality and place Policy 15 - Local living and 20-minute neighbourhoods Policy 16 – Quality homes Policy 22 - Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) (SLLDP2) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 11 - Housing Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy SDCC2 - Flood risk Policy SDCC3 - Sustainable Drainage Systems Policy DM1 - New Development Design 9. Guidance 9.1. None applicable. 105
Page 106
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 the 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 accommodation is located within the settlement boundary and is a reasonable distance from existing health, community and retail facilities in Rutherglen Town Centre. The site is also located within easy reach of Rutherglen Train Station and several bus routes. The proposed pods and community hub will be constructed in sustainable materials and the site will operate recycling and air source heat pumps. 10.3. 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. 10.4. The proposal will provide necessary accommodation to support the Council’s homelessness strategy. In planning terms, the site is an identified housing site in South Lanarkshire Local Development Plan 2. 10.5. 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 close commute of existing facilities in Rutherglen, and next to several public transport routes. It is also located within a mixed-use area with housing, business and retail provision immediately adjacent. The proposal is therefore considered to be consistent with Policy 15 of NPF4. 10.6. Objections received raise issues such as public health concerns, safety and security, increased anti-social behaviour and impact on the wider locality. The site has been designed to ensure that it will integrate with its wider surroundings. It is sustainable and can provide a range of services. The applicants will have a 24/7 on-site presence, and the proposal is designed to support residents. There is no suggestion that any of the matters raised above are unique to this type of accommodation and in this context, it is considered that the proposal complies with Policies 5 and DM1 of SLLDP2. 10.7. 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 106
Page 107
provides a vital resource to aid the delivery of the Council’s homelessness strategy. The proposal is considered to comply with Policy 16 of NPF4. 10.8. Further objections received raise concern about pressure on existing amenities within Rutherglen that are already at capacity and suggestions that the proposal does not comply with development plan policy. For the reasons outlined above, the proposal fully complies with the aims and policies of both NPF4 and SLLDP2. 10.9. Technical Matters NPF4 Policy 22 - Flood Risk and Water 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 suitable drainage system. The applicant has submitted a Drainage Strategy and design in this regard. 10.10. 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 agreed. The proposal is therefore considered to be consistent with Policies 16, SDCC2 and SDCC3 of SLLDP2. 10.11. Other Issues Loss of value to property, has also been raised through objection to the proposal. This is not a material planning consideration. In addition to the letters of objection to the proposal, some letters of support of the proposal have been received, emphasising the need for this approach towards supporting people experiencing homelessness. 10.12. 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. 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). 107
Page 108
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. 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:- 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 details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees details of any top-soiling or other treatment to the ground sections and other necessary details of any mounding, earthworks and hard landscaping proposals for the initial and future maintenance of the landscaped areas 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. 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, 14, 15, 16 and 22 of National Planning Framework 4 (2023), and Policies 2, 3, 5, 11, 16, DM1, SDCC2 and SDCC3 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 16 September 2024 Background Papers Further information relating to the application can be found online:- P/24/0840 | Erection of temporary accommodation, community hub, associated landscaping and access (Class 8). | Site Of Former Westfield Saw Mills Harriet Street Rutherglen (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 108
Page 109
109
Page 110
110