Agenda Document Pack - Planning Committee - 05/11/2024
South Lanarkshire Council · 5 November 2024
Back to Planning Committee — 5 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 28 October 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, 05 November 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, Monique Equi, Alistair Fulton, Celine Handibode, Graeme Horne, Cal Johnston-Dempsey, Ross Lambie, Martin Lennon, Lesley McDonald, Davie McLachlan, Norman Rae, John Ross, Graham Scott, David Shearer, Helen Toner, David Watson Substitutes Walter Brogan, Robert Brown, Mathew Buchanan, Margaret Cooper, Poppy Corbett, Allan Falconer, Grant Ferguson, Gladys Ferguson-Miller, Martin Hose, Julia Marrs, Ian McAllan, Kenny McCreary, Bert Thomson 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minute of the meeting of the Planning Committee held on 24 September 2024 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Adopted South Lanarkshire Council Scheme of Delegation Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 24 4 Planning Appeal Decisions – April 2024 to September 2024 Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 25 - 28 5 Application P/23/0886 for Installation of 40 Megawatt Battery Energy Storage System (BESS) Facility with Associated Infrastructure at Land 310 Metres Northeast of Newhouse Farm, Westburn Road, Cambuslang Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 29 - 42 6 Application P/23/1033 for Installation of 50 Megawatt Battery Energy Storage Facility (BESS) with Associated Infrastructure at Land 100 Metres Northwest of East Rogerton Cottage, Markethill Road, East Kilbride Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 43 - 56 7 Application P/24/0307 for Installation of a 22.8 Megwatt Battery Energy Storage System (BESS) with Associated Infrastructure at Crutherland Farm, Crutherland Highway, East Kilbride Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 57 - 68 8 Application P/24/0529 for Erection of 25 Houses, Associated Access Road, Noise Bund with Fence, SuDS Pond, Open Space and Landscaping (Variation to Planning Consent P/19/1802 as Approved Including Layout, Siting and Design and a Reduction in House Plots) at Land 85 Metres South of 51 Brocketsbrae Road, Brocketsbrae Road, Lesmahagow Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 69 - 84 9 Application P/24/0549 for Section 42 Application for Deletion of Condition 2 of Planning Consent CL/12/0104 which Restricts the Occupation of the Consented House to a Person Solely or Mainly Employed by the On-site Equestrian Business at Crossbank Livery Centre, Blair Road, Crossford, Carluke Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 85 - 92 2
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10 Application P/24/0598 for Formation of House Plot (Planning Permission in Principle) at Plot of Land at Carnwath Mill Farmhouse, Spittal Road, Carnwath, Lanark Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 93 - 102 11 Application P/24/0644 for Erection of House at Gillfoot Nursery, Crossford, Carluke Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 103 - 112 12 Application P/24/0729 for Sub-division of Garden Ground and Erection of 1.5 Storey House with Associated Works at Little Dripps Cottage, Holehouse Highway, Thorntonhall Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 113 - 122 13 Application P/24/0851 for Erection of 24 Affordable Apartments for Social Rent with Car Parking and Associated Works at Carnegie Hill, East Kilbride Report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 123 - 134 Urgent Business 14 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero/Microsoft Teams and in the Council Chamber, Council Offices, Almada Street, Hamilton on 24 September 2024 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Walter Brogan (substitute for Councillor Davie McLachlan), Councillor Archie Buchanan, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Allan Falconer (substitute for Councillor Celine Handibode), Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Julia Marrs (substitute for Councillor Alistair Fulton), Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Bert Thomson (substitute for Councillor Margaret Cowie), Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Joe Fagan (ex officio), Councillor Elise Frame, Councillor Alistair Fulton, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Martin Lennon, Councillor Monique McAdams, Councillor Davie McLachlan Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services; D Russell, Planning Area Manager (West Team) Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests Councillor(s) Marrs Item(s) 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 Nature of Interest(s) Personal relationship with employee of development contractor 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 27 August 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 2 5
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3 Application P/23/1116 for Installation of Battery Storage Facility (Consultation from Scottish Ministers Under Section 36 of the Electricity Act 1989) at Land North of Cairnhouses Road, Lesmahagow (B7078) A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1116 by Zenobe Energy Limited for the installation of a battery storage facility (consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) at land north of Cairnhouses Road, Lesmahagow (B7078). 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. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: (1) that the Scottish Government be informed that South Lanarkshire Council had no objections to planning application P/23/1116 by Zenobe Energy Limited for the installation of a battery storage facility (consultation from Scottish Ministers under Section 36 of the Electricity Act 1989) at land north of Cairnhouses Road, Lesmahagow (B7078), subject to the conditions specified in the Executive Director’s report; (2) that an advisory note in relation to members’ concerns regarding the lack of community consultation and engagement carried out by the applicant be included in the consultation response to the Scottish Government; and (3) 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. Councillor Ross left and re-joined the meeting during this item of business due to technical difficulties In terms of Standing Order No 14, the Chair adjourned the meeting during this item of business at 10:35am and reconvened at 11:00am Councillor Watson submitted his apologies when the meeting was adjourned and left the meeting during this item of business Councillor Falconer joined the meeting during this item of business 6
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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 A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0162 by Wilson Renewables for the erection and operation of a 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. 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 advised that the Council had no objections to planning application P/24/0162 by Wilson Renewables for the erection and operation of a 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, subject to:- the conditions specified in the Executive Director’s report the conclusion of a legal agreement to secure community contribution payments (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. [Reference: Minutes of 7 July 2015 (Paragraph 15) and minutes of 15 December 2015 (Paragraph 7)] 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 A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0320 by SP Transmission PLC for the erection of a 400kV electrical substation, associated groundworks, vehicular access road, water detention pond, temporary construction compound and car park area, and provision of a temporary soil storage area at land 275 metres north of Coalburn Substation, B7078 from Cairnhouses C13 to Millbank Interchange A70, Lesmahagow, Lanark. 7
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The Committee decided: that planning application P/24/0320 by SP Transmission PLC for the erection of a 400kV electrical substation, associated groundworks, vehicular access road, water detention pond, temporary construction compound and car park area, and provision of a temporary soil storage area at land 275 metres north of Coalburn Substation, B7078 from Cairnhouses C13 to Millbank Interchange A70, Lesmahagow, Lanark be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 26 September 2006 (Paragraph 6)] Councillor Marrs, having declared an interest in this application, withdrew from the meeting during its consideration 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 A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0607 by P F McGough for the formation of tourist accommodation on undeveloped land, including the 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. The Committee decided: that planning application P/24/0607 by P F McGough for the formation of tourist accommodation on undeveloped land, including the 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 be refused for the reasons detailed in the Executive Director’s report. 7 Application P/24/0686 for Erection of 12 Dwellings with Associated Access, Parking and Landscaping at Site to Rear of 14 to 32 Kingston Crescent, Kingston Crescent, East Kilbride A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0686 by KR Clyde Valley Six Limited for the erection of 12 dwellings with associated access, parking and landscaping at site to rear of 14 to 32 Kingston Crescent, Kingston Crescent, East Kilbride. The Committee decided: that planning application P/24/0686 by KR Clyde Valley Six Limited for the erection of 12 dwellings with associated access, parking and landscaping at site to rear of 14 to 32 Kingston Crescent, Kingston Crescent, East Kilbride be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 30 April 2024 (Paragraph 3)] 8
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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 A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0739 by Miller Homes Limited for the 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. 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/24/0739 by Miller Homes Limited for the 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 be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 30 April 2024 (Paragraph 8)] 9 Application P/24/0804 for Erection of a House, Detached Garage with Associated Off-Road Parking and Landscaping at Bughtknowes Farm, Tashieburn Road, Forth A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0804 by T Ballantyne for the erection of a house, detached garage with associated off-road parking and landscaping at Bughtknowes Farm, Tashieburn Road, Forth. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: that planning application P/24/0804 by T Ballantyne for the erection of a house, detached garage with associated off- road parking and landscaping at Bughtknowes Farm, Tashieburn Road, Forth be refused for the reasons detailed in the Executive Director’s report. 10 Application P/24/0840 for Erection of Temporary Accommodation, Community Hub, Associated Landscaping and Access (Class 8) at Site of Former Westfield Sawmills, Harriet Street, Rutherglen A report dated 16 September 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0840 by South Lanarkshire Council for the erection of temporary accommodation, community hub, associated landscaping and access (class 8) at the site of the former Westfield Sawmills, Harriet Street, Rutherglen. 9
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The Committee decided: that planning application P/24/0840 by South Lanarkshire Council for the erection of temporary accommodation, community hub, associated landscaping and access (class 8) at the site of the former Westfield Sawmills, Harriet Street, Rutherglen be granted subject to the conditions specified in the Executive Director’s report. Councillor Brogan left the meeting during consideration of this item of business 11 Urgent Business There were no items of urgent business 10
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Subject: Adopted South Lanarkshire Council Scheme of Delegation 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] advise members of the adoption of the Council’s Scheme of Delegation by Scottish Ministers in relation to the decision process followed on planning and related applications 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that it be noted that the Planning section of the Council’s Scheme of Delegation, attached as Appendix 1 to the report, has been approved by Scottish Ministers and, as such, will be used to inform the decision-making process on planning and related applications in South Lanarkshire. 3. Background 3.1. At its meeting of 27 August 2024, the Planning Committee considered proposals to amend the Scheme of Delegation in relation to the decision-making process for planning applications, primarily to take account of legislative requirements and to reflect current statutory functions and working arrangements. 3.2. The Planning Committee agreed to endorse the proposed changes to the Planning section of the Council’s Scheme of Delegation, subject to the threshold for the number of objections remaining at ‘more than 5’. The matter was referred to Full Council for consideration on 11 September 2024 and agreed with no additional comments. 3.3. Following this, Scottish Ministers adopted the Scheme of Delegation under Section 43A of The Town and Country Planning (Scotland) Act 1997 on 25 September 2024. 3.4. The Scheme of Delegation has been published on the Council’s website and distributed as required by Regulation 5 of The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. 3.5. Following the revisions adopted by Scottish Ministers, the Committee Members should be aware that the Planning Service is preparing a ‘Decision-Making Guide’ which will support the Scheme of Delegation by expanding on criteria within this, and setting out in detail the processes relating to delegated and committee procedures. This will be presented to Committee in due course. 3 11
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3.6. The Terms of Reference of the Planning Committee, attached as Appendix 2 to the report, were updated to reflect the changes to the Scheme of Delegation and were also approved by Full Council at its meeting held on 11 September 2024. 4. Employee Implications 4.1. At this stage, there are no employee implications in terms of the content of this report. 5. Financial Implications 5.1. At this stage, there are no financial implications in terms of the content of this report. 6. Climate Change, Sustainability and Environmental Implications 6.1. There are no climate change, sustainability, or environmental implications in terms of the content of this report. 7. Other Implications 7.1. To ensure that there is no risk of being in breach of legislative requirements and to ensure compliance with good governance principles, the political management arrangements supporting documentation requires to be kept under review. 8. Integrated Impact Assessment and Consultation Requirements 8.1. This report does not introduce a new policy, function, or strategy, or recommend a change to an existing policy, function, or strategy. As such, no impact assessment or consultation was required. David Booth Executive Director (Community and Enterprise Resources) 28 October 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, fair, efficient, and transparent Fair, open and sustainable Previous References South Lanarkshire Council - 27 March 2024 Planning Committee - 27 August 2024 South Lanarkshire Council - 11 September 2024 List of Background Papers Appendix 1- Adopted Scheme of Delegation Appendix 2- Updated Terms of Reference Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Fraser Carlin, Head of Planning and Regulatory Services E-mail: fraser.carlin@southlanarkshire.gov.uk 12
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Scheme of Delegation Approved at the meeting of South Lanarkshire Council on 11 September 2024, with the Scheme of Delegation, insofar as it requires approval under section 43A of the Town and Country Planning (Scotland) Act 1997, approved by Scottish Ministers on 25 September 2024 for formal adoption. Note: If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk 3 13
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CONTENTS Page Section 1 Scheme of Delegation to Committees - General Provisions ............................................. 1 Section 2 Scheme of Delegation to Committees - Specific Provisions ............................................. 2 Section 3 A Scheme of Delegation to Officers - General Provisions .............................................. 3 B Statutory Officers ....................................................................................................... 4 Section 4 Scheme of Delegation to Officers - Specific Provisions A Chief Executive .......................................................................................................... 6 B Executive Director (Community and Enterprise Resources) ....................................... 8 C Executive Director (Education Resources) ................................................................ 22 D Executive Director (Finance and Corporate Resources) ............................................ 25 D1 Head of Administration and Legal Services ...................................................... 32 D2 Head of Finance (Transactions) ....................................................................... 33 E Executive Director (Housing and Technical Resources) ............................................ 34 F Director of Health and Social Care ............................................................................ 37 F1 Head of Children and Justice Services (Social Work Resources) ..................... 39 14
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9 Planning and Regulatory Services 13 to discharge the Council’s Building Standards function in terms of the Building (Scotland) Act 2003, the Building Fees Regulations 2004, Building (Procedures) (Scotland) Regulations 2004 and the Building (Scotland) Regulations 2004, other than the following:- ♦ to refuse Building Warrant Applications where representations have been made against the refusal. The discharge of duties include:- The issue of Statutory Notices including:- ♦ Section 25 Notice – Building Regulations Compliance ♦ Section 26 Notice – Continuing Requirement Enforcement Notice ♦ Section 27 Notice – Building Warrant Enforcement Notice ♦ Section 28 Notice – Defective Building Notice ♦ Section 29 Notice – Dangerous Buildings Notice ♦ Section 42 Notice – Require the removal of occupiers of a defective or dangerous building other duties are:- ♦ to issue Building Warrants 15
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10 ♦ to extend the period of life of a Building Warrant ♦ to accept or reject a Certificate of Completion ♦ to carry out Building Standards Assessments ♦ to impose continuing requirements on the building owners ♦ to maintain a publicly accessible Building Standards Register 14 to reply on behalf of the Council to relevant consultations from other Authorities and from the Scottish Government on building standards matters which do not have major policy issues. 15 to issue permissions and licences for the erection of raised platforms for seating or standing accommodation and for charging fees in respect of expenses incurred, in terms of Section 89 of the Civic Government (Scotland) Act 1982. 16 to discharge the Council’s Planning function as Planning Authority in terms of section 43A of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, and the Planning (Scotland) Act 2019. 17 The following discharge of duties is in respect of all applications for planning permission (including planning permission in principle) for development falling in the category of Local Development in terms of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 and all applications for consent, agreement or approval required by a condition imposed on a grant of planning permission for a development within the category of Local Development (subject to first notifying all members of the Council of receipt of the application through the issue of a Weekly List). Authority to determine all Local Development applications is delegated to the ‘appointed officer’ unless the application: a) is submitted by, or on behalf of by an agent, of one of the following: (i) the Chief Executive or any other member of the Corporate Management Team of the local authority (or a close relative) or a member of staff within the Planning and Regulatory Service (or a close relative) where there are valid objections and the application is recommended for approval. (ii) an Elected Member of the Authority (or a close relative); - in such cases the application will be dealt with by the Planning Committee. b) is being recommended for approval and is the subject of more than 5 valid letters of representation (following advertisement and/or notification) that express objection about the proposal- in such cases the application will be dealt with by the Planning Committee. c) is being recommended for approval and has been the subject of formal objection by a statutory consultee as listed in Schedule 5 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, - in such cases the application will be dealt with by the Planning Committee. d) is, in the opinion of the Chief Planning Officer, a significant departure from the Development Plan - in such cases the application shall be determined by the Planning Committee. e) is agreed to be presented to the Planning Committee by the Chief Planning Officer in consultation with the Committee Chair as it raises significant levels of concern or policy issues- in such cases the application will be dealt with by the Planning Committee. 16
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11 f) has been requested to be presented at Planning Committee by a Member of the Planning Committee or Local Ward Member and this is agreed by the Chief Planning Officer and Committee Chair- in such cases the application will be dealt with by the Planning Committee. g) requires to be the subject of formal notification to the Scottish Ministers as defined in the Schedule to the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 (or any other Scottish Government Direction)- in such cases the application will be dealt with by the Planning Committee. h) has been subject to a pre-determination hearing under Section 38A(4) of the Town and Country Planning (Scotland) Act 1997- in such cases the application will be dealt with by the Planning Committee. i) is an Environmental Impact Assessment (EIA) application for which a validated EIA Report has been submitted- in such cases the application will be dealt with by the Planning Committee. For the avoidance of doubt, all applications for Matters Specified in Conditions, applications under Section 42, and Section 75A of the Town and Country Planning (Scotland) Act 1997 relating to Local Planning Applications are Delegated to Officers unless subject to the criteria set out above. It includes householder applications and all applications under the following legislation: The Town and Country Planning (Scotland) Act 1997 (as amended) The Planning (Scotland) Act 2006 (as amended) The Planning (Scotland) Act 2019 The Planning (Hazardous Substances) (Scotland) Act 1997 (as amended) The Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 The Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984 (as amended) National and Major developments as defined by Regulations made under the Town and Country Planning (Scotland) Act 1997, including the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009 and any subsequent or amending legislation fall outwith the above criteria. In addition to the above, authority is delegated: Under the terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 (as amended) authority to determine is delegated to the ‘appointed officer’ to: a) negotiate and conclude legal agreements related to planning and other applications for all applications under the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009; b) determine applications for Modifications or Discharge of Planning Obligations under section 75A in relation to planning applications; 18 Authority to determine applications related to Prior Notification or Prior Approval made under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 Schedule 1 is delegated to the ‘appointed officer’ for the following: a) Part 1A - Class 6G: Free standing wind turbine within the residential curtilage; b) Part 1B - Class 6K and 6L: Microgeneration Biomass facilities on agricultural or forestry land; c) Part 6 - Class 18, 18B, 18C: Agricultural buildings; Agricultural private ways; Conversion of existing agricultural buildings to residential or commercial use. 17
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12 d) Part 6 – Class 20A: Peatland restoration e) Part 7 - Class 22, 22A, 22B: Forestry buildings and operations; Forestry private ways; Conversion of existing forestry buildings to residential or commercial use. f) Part 13 - Class 39 and 40: Public gas transporters and electricity undertakings; g) Part 20 - Class 67: Development by electronic communications code operators; h) Part 23 - Class 70: Demolition of buildings; i) Part 24 - Class 71: Toll road facilities; j) Any other types of prior notification or prior approval that might come forward in future amendments to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 Schedule 1. 19 Authority to determine overhead electricity lines and electricity sub-stations and gas governor stations and associated apparatus applications as amended by legislation delegated to the ‘appointed officer’. 20 Authority to determine all applications for High Hedges Consent under the High Hedges (Scotland) Act 2013 is delegated to the ‘appointed officer’. This includes issuing High Hedge Notices and ensuring compliance with High Hedge Notices, including, if deemed necessary, carrying out any works required and recovering any expenses reasonably incurred in cases where the owner or occupier of the land failed to comply with the notice. 21 Authority to determine all tree works applications shall be delegated to the ‘appointed officer’. However, the making of provisional, confirmation of and removal of Tree Preservation Orders shall be determined by the Planning Committee. 22 Further general duties ‘appointed officers’ have delegated authority to: a) Refuse applications that are contrary to the Local Development Plan whether or not objections or letters of support have been received except for National and Major developments as defined by Regulations made under the Town and Country Planning (Scotland) Act 1997 and any subsequent or amending legislation. b) Refuse applications which are insufficient in information following a request in writing within the specified timescale within the request (regardless of whether representations have been made) c) To determine requests for non-material variations of planning applications in terms of section 64 of the Town and Country Planning (Scotland) Act 1997 (as amended). d) To determine Hazardous Substance Consent applications under the Planning (Hazardous Substances) (Scotland) Act 1997 and the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015. e) To determine Certificates of Lawfulness under the Town and Country Planning (Scotland) Act 1997 (as amended) where, in the opinion of the Appointed Officer, there is no reasonable doubt that the use or development is or would be – (i) lawful without further planning approval; or (ii) unlawful. 18
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13 f) To deal with Proposal of Application Notices in terms of section 35B of the Town and Country Planning (Scotland) Act 1997 (as amended) and Pre-Application Screening Notices in terms of section 35A(3) of that Act g) To determine applications for advertisement consent under the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 h) To determine, in accordance with the applicable Environmental Impact Assessment Regulations, whether a particular planning application requires to be supported by an Environmental Statement (Screening Opinion) and to determine the scope of any such Statement (Scoping Opinion) and whether the information submitted with any EIA Report is sufficient to reach a reasoned conclusion on the significant effects of the development on the environment or whether supplementary information is required and the scope of any such information, all in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (as amended). i) To determine all applications for Certificates of Appropriate Alternative Development under section 25 of the Land Compensation (Scotland) Act 1963. j) To decline to determine an application under section 39 of the Town and Country Planning (Scotland) Act 1997 (as amended). k) To discharge conditions applied on all applications, even where consented by a Committee or Appeal Body, subject to restrictions on matters specified in conditions applications l) To enter processing agreements with applicants where appropriate m) To process and defend planning appeals to Scottish Ministers n) To deal with written submissions, hearings and public inquiries in connection with: ♦ appeals to the Scottish Ministers ♦ deemed refusal appeals (pending consideration by relevant Committee if appropriate) ♦ applications subject to a ‘call-in’ by the Scottish Ministers ♦ reviews to the Local Review Body o) To reply on behalf of the Council to the Scottish Government on consultations relating to changes to policy and legislation (and other) as required and where appropriate in consultation with the Chief Planning Officer and the Planning Committee Chair p) Consultations with the neighbouring Planning Authorities regarding planning applications and to reply on behalf of the Council to planning consultations from adjacent authorities and the Scottish Government on matters which do not have significant policy implications. q) To respond to call-ins on behalf of the Council r) To determine, in consultation with the Chair and Depute Chair of the Planning Committee and the Head of Administration & Legal Services, the procedural rules to be followed by the Planning Committee where it is holding a pre-determination hearing in terms of the Town and Country Planning (Scotland) Act 1997 s) Determining unopposed Revocations of planning permission t) in cases of immediate threat, to promote emergency Tree Preservation Orders following consultations with the Chair and/or Depute Chair of the Planning Committee and the Local Members. 19
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14 u) To approve emergency works to listed buildings under Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 v) Initiate and confirm road stopping up procedures where a planning consent is in place under Sections 207 or 208 of the Town and Country Planning (Scotland) Act 1997. For the avoidance of doubt, where a stopping up order is required as a result of a planning decision, this shall be dealt with at Planning Committee. w) to add rights of way to the Register for South Lanarkshire Council and, in that connection, to apply, in consultation with the Head of Administration and Legal Services, for a Declarator in the appropriate Sheriff Court where any person with an interest in the land objected. x) All other decisions on planning applications which the Planning Authority is required to make in terms of the Town and Country Planning (Scotland) Act 1997 (as amended), the Planning etc (Scotland) Act 2006, and the Planning (Scotland) Act 2019. 23 Authority is delegated to the ‘appointed officer’ as outlined in the current Planning Enforcement Charter in consultation with the Chief Planning Officer to discharge the Council’s planning enforcement function, also including the authority to decline to take enforcement action (where appropriate), and to give, serve, issue and sign Enforcement related notices, under the Town and Country Planning (Scotland) Act 1997 (as amended). 24 To determine, in consultation with the Chair or Vice Chair of the Planning Local Review Body, whether applications for review in terms of Section 43B of the Town and Country Planning (Scotland) Act 1997 and any subsequent or amending legislation and or regulation are competent and relevant and, if necessary and appropriate, to make further enquiry of the applicant and, thereafter, to make further determination on competence and relevance. 20
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Terms of Reference The Council, Committees and Associated Forums Approved at the meeting of South Lanarkshire Council on 11 September 2024 Note: If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk 3 21
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2 Contents Page Section 1 - South Lanarkshire Council 3 Section 2 – Resource Committees and Associated Forums Community and Enterprise Resources 5 ♦ Roads Safety Forum 6 Education Resources Committee 7 ♦ Education Appeals Committee 7 Finance and Corporate Resources Committee 8 ♦ Appeals Panel 9 ♦ Grievance and Disputes Panel 9 ♦ Employee, Equalities, Diversity and Inclusion Forum 10 ♦ Joint Consultative Forum 10 Housing and Technical Resources Committee 11 ♦ Asset Transfer Appeals Panel 11 Social Work Resources Committee 12 ♦ Access to Personal Files Review Committee 12 ♦ Adoption and Fostering Review Panel 13 Section 3 – Other Committees and Associated Forums Area Committees 14 Executive Committee 15 ♦ Financial Resources Scrutiny Forum 16 ♦ Performance and Review Scrutiny Forum 16 ♦ Standards and Procedures Advisory Forum 17 ♦ Rural Task Force 17 Climate Change and Sustainability Committee 19 Licensing Committee 21 ♦ Public Processions Panel 21 Petitions Committee 22 Planning Committee 23 Planning Local Review Body 23 Risk and Audit Scrutiny Committee 25 Miscellaneous Committees and Panels ♦ Conference Allocation Committee 26 ♦ Recruitment Committee 26 22
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23 Planning Planning Committee 1 Powers and Responsibilities 1.1 To decide on planning applications, monitor and enforce planning control and to decide on applications under the Building Regulations except those areas delegated to the Executive Director (Community and Enterprise Resources) as per the Scheme of Delegation and Enforcement Charter. 1.2 To hold hearings as appropriate. 1.3 To deal with all matters relating to Regional Spatial Strategies and Local Development Plans with appropriate issues being the subject of recommendations to the Council. 1.4 To consider pre-determination hearings and thereafter make a decision on the application. Any such pre-determination hearing shall be conducted in accordance with the procedural rules determined for the same from time to time in accordance with Section 4B of the Council’s Scheme of Delegation. 2 Membership 2.1 The Planning Committee will have 26 members appointed by the Council one of whom, ex officio, will be the Leader of the Council with full voting rights. 2.2 There will be provision for individual Groups to substitute up to a maximum of 4 members. 2.3 The Committee will have a Chair and a Depute Chair. 2.4 Quorum – 7. 2.5 Only those members who have attended and participated in the pre-determination hearing will be able to participate in the determination of those applications at Planning Committee. 3 Meeting Arrangements and Practice 3.1 To meet every 4 weeks. 3.2 Minutes of meetings will be submitted to the next appropriate meeting of the Committee for approval as a correct record. 3.3 Issues referred to the Council will be included in a single report to that meeting. 23
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Subject Planning Appeal Decisions – April 2024 to September 2024 1. Purpose of Report 1.1 The purpose of the report is to:- Amended advise Committee of decisions that have been issued by the Scottish Government’s Department of Planning and Environmental Appeals Division during the period 1 April 2024 to 30 September 2024 in relation to applications refused by South Lanarkshire Council [ 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that Committee note the decisions that have been issued by the Scottish Government’s Department of Planning and Environmental Appeals. [1re 3. Background 3.1 Members will be aware that applicants whose planning applications are refused by the Planning Committee have a right to appeal to the Scottish Ministers within three months of the date of the decision. In addition, while applications for advertisement consent are normally dealt with under delegated powers, the appeal route is to Scottish Ministers. The Appeals are processed by the Department of Planning and Environmental Appeals (DPEA) and, in most cases, a Reporter is appointed by the Scottish Ministers to undertake the Appeal. 3.2 This report updates members on the outcome of the appeals determined between 1 April 2024 and 30 September 2024. A link to each of the cases on the Scottish Government DPEA website can be found in the report. Overall, 3 decisions by the Council were the subject of appeal during the first half of 2024 and were upheld in all but one case. 4 Planning Appeals 4.1 Since April 2024, decisions have been issued on 3 appeals against the refusal of applications by South Lanarkshire Council. The following summarises each of the cases:- 4.2 Erection of Digital Advertisement Hoarding on Gable of Building for the Display of Commercial Advertisements at 141B Quarry Street, Hamilton, ML3 7DR (application reference P/24/0228) - Scottish Government - DPEA - Case Details (scotland.gov.uk) 4 25
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This application was refused under delegated powers on 10 May 2024 on the grounds that the proposal would have an adverse impact upon residential and visual amenity, and upon the character of the area. The Reporter agreed with the decision of the Council and dismissed the appeal. 4.3 Erection of a 48-Sheet Billboard Display (Non-Illuminated) at Land at Hamilton Road, Cambuslang, Glasgow, G72 2NT (application reference P/23/1529) - Scottish Government - DPEA - Case Details (scotland.gov.uk) The application was granted under delegated powers on 6 February 2024 subject to conditions that permission is granted for a period of 5 years from the date of this consent and that, following expiry of this consent, the advertisement shall be removed and the site reinstated. The applicant appealed these conditions. The Reporter did not consider it necessary or reasonable to impose a requirement to remove the advertisement display at the end of the consent period and therefore upheld the appeal. 4.4 Erection of Five Holiday Let Cottages with Associated Service Road and Gardens at Briarlea House, Lanark Road, Larkhall, ML9 2UE (application reference P/22/0508) - Scottish Government - DPEA - Case Details (scotland.gov.uk) The application was refused by Planning Committee on 12 December 2023 on the grounds the proposed development would constitute inappropriate development within the Green Belt. The Reporter found the proposed development does not accord overall with the relevant provisions of the development plan and dismissed the appeal. 5. Next Steps 5.1 At the time of the preparation of this report five further planning appeals have been made against decisions made by the Council and a further report will be presented to the Planning Committee in April 2025 to provide an update on appeal decisions made up to 31 March 2025. 6. Employee Implications 6.1 There are no employee implications. 7. Financial Implications 7.1 The resource commitment and financial costs for the Planning Authority in relation to the Planning Appeals process must be borne from existing budgets and resources and no external funding is provided for this activity. 8. Climate Change, Sustainability and Environmental Implications 8.1 The planning system will have an increasingly key role in addressing the climate change agenda. Investing additional income in resources within the planning service will contribute to meeting these aims. 9. Other Implications 9.1 There would be a reputational risk if this was not undertaken as this action has previously been specified in the Council’s Planning Performance Framework. 26
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10. Integrated Impact Assessment and Consultation Requirements 10.1 This report does not introduce a new policy, function, or strategy, or recommend a change to an existing policy, function, or strategy. As such, no impact assessment or consultation was required. David Booth Executive Director (Community and Enterprise Resources) 28 October 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Ambitious, self-aware and improving Previous References Planning Delegated report on application P/24/0228 – 10 May 2024 – associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Delegated report on application P/23/1529 – 6 February 2024 – associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) Planning Committee report on application P/22/0508 - 12 December 2023 – associated planning appeal decision Scottish Government - DPEA - Case Details (scotland.gov.uk) List of Background Papers None Contact for Further Information Tony Finn, Planning and Building Standards Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email: tony.finn@southlanarkshire.gov.uk 27
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/0886 Proposal: Installation of 40MW Battery Energy Storage System (BESS) facility with associated infrastructure Site Address: Land 310m Northeast of Newhouse Farm Westburn Road Cambuslang G72 7UW Applicant: GPC 676 Ltd Agent: AAH Planning Consultants Ward: 14 Cambuslang East Application Type: Full Planning Permission Advert Type: Non-notification of neighbours and schedule 2: Rutherglen Reformer 2 August 2023 and 13 March 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 5 29
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site is located south of Newton, within the designated Green Belt. The site has a triangular layout, approximately 1.7 hectares in size and forms part of an existing agricultural field. It is bound to the south by Westburn Road (part of National Cycle Route 75) and to the north by mature landscaping running alongside the railway line. The site is relatively flat with overhead electricity cables running through the middle of the site and a hedgerow along the southern boundary with Westburn Road. 2.2. Amended plans were provided through the assessment of the planning application seeking to extend the red line application site boundary to include two drainage options to serve the site and the underground grid connection to the electricity network. However, to comply with the legislation covering major applications the application site boundary needed to match that submitted with the Proposal of Application Notice (PAN) submitted previously. 2.3. As such, the application site boundary reverted to the original triangular shaped layout without the inclusion of the grid connection or drainage options. 3. Description of Proposed Development 3.1. The proposal is for the formation of a Battery Energy Storage System (BESS) facility and for the installation of associated infrastructure. The facility would store electricity and release it back into the grid when there is demand. A new vehicular access is proposed to be formed to the site from Westburn Road, requiring the removal of a section of hedgerow or access and visibility. The battery units and associated Power Conversion System (PCS) units would be enclosed within containers, similar in appearance to shipping containers. 3.2. The proposed development would comprise of:- 16 battery containers (approximately 6.1m x 2.4m and 2.9m in height) 8 PCS unit containers (approximately 12.2m x 2.4m and 2.9m in height) 1 storage container (approximately 12.2m x 2.4m and 2.9m in height) substation building (approximately 11m x 12m with a pitched roof, 3.4m at its tallest point) control room (approximately 13.4m x 3.2m with a flat roof, 3.4m at its tallest point) Distribution Network Operator (DNO) building (approximately 7.8m x 4.6m with a flat roof, 3.6m at its tallest point) associated equipment 3.3. The development would be limited to the eastern section of the site, adjacent to Westburn Road to avoid building under the overhead cables. The containers would be positioned mainly in two rows, with the storage container sited to the back of the site, adjacent to the substation and control room. The DNO building would be located adjacent to the vehicular access. The access and site area hosting the containers would be finished in hardstanding to allow for installation and maintenance of the various containers and equipment, and the site would be enclosed by fencing, gates and monitored by CCTV. 30
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3.4. The applicant has indicated their aspiration to form a grid connection via underground cables linking the site to the SP Energy Networks (SPEN) Clyde’s Mill substation on Westburn Road, Cambuslang, approximately 1.7km northwest of the site. It is not evident at this stage whether or not SP Energy Networks would accept the connection, however, the lack of formal agreement should not impact upon the determination of an application. The applicant would presumably also need a separate agreement with a statutory undertaker who has rights to install the cabling below the public road, however, again that is outwith the scope of this assessment. 4. Relevant Planning History 4.1. A Proposal of Application Notice (PAN) for this proposed development was submitted in March 2023 (P/23/0004/PAN) with details provided of pre-application public consultation events, and confirmation that details of the proposal would be sent to local elected members. 5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- Supporting Statement (including Design and Access Statement) Additional Supporting Statement (Compliance with National Planning Policy Statement 4) Flood Risk Assessment and Surface Water Management Plan Noise Impact Assessment Transportation Statement Landscape and Visual Assessment Preliminary Ecological Appraisal Outline Safety Management Plan Community Wealth Building Plan 6. Consultations 6.1. Environmental Services – No objections subject to the inclusion of conditions relating to noise, the inclusion of anti-vibration dampeners, validation testing and the inclusion of relevant advisory notes. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.2. Roads, Transportation and Fleet Services – No objections, subject to the inclusion of conditions relating to compliance with the submitted plans, the provision of an appropriate visibility splay and the approval of a Traffic Management Plan for the construction phase. A Road Opening Permit would also be required for the proposed new site access. Response: Noted. These matters could be addressed through conditions if the application were to be approved. 6.3. Network Rail – Initially objected to the proposal, however, this objection was removed following the receipt of further information, subject to the inclusion of conditions related to the submission of an updated Safety Management Plan, the provision of a suitable trespass proof fence adjacent to Network Rail’s boundary, the submission of a surface and foul water drainage scheme (set back a minimum of 10 metres of the railway boundary), and the submission of landscaping and lighting schemes. An advisory note is also requested to advise of the role of Network Rail asset protection engineers in relation to construction works close to the railway. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 31
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6.4. SGN (Scotland Gas Networks Plc) – Object to the proposal as the development is within the vicinity of two high-pressure gas transmission pipelines and there is a requirement for an electrical interference survey to be undertaken or for other suitable evidence to be provided that the proposed battery storage facility would not adversely affect the high-pressure pipeline. SGN would only agree to remove the objection subject to conditions being included on any planning approval requiring further assessment to be undertaken to demonstrate that the proposed installation shall not compromise or pose a threat to the integrity of the pipelines or people. Response: Noted. It is considered that matters relating to public safety should be resolved at the planning application stage and that the issuing of a planning consent with a suspensive condition relating to matters of public safety that have a direct bearing on the acceptability of the proposed use would not be appropriate. 6.5. SP Energy Networks – Initially objected to the proposal due to the overhead power lines crossing the application site, requesting that the development is located back from the equipment, however, this objection was later withdrawn. SP Energy Networks/ SP Distribution Plc reserve the right to protect and/or deviate their apparatus at the applicant’s expense. Response: Noted. Should consent be granted, this would be a civil matter to be resolved between the relevant parties, as appropriate. 6.6. West of Scotland Archaeology Service (WoSAS) – No objections to the proposal although a condition requiring a programme of archaeological works to be undertaken should be included on any consent as the location and history of the site is such that there is the potential for sub-surface archaeological material to survive below the site. Response: Noted. These matters could be addressed through conditions on the decision notice if the application were to be approved. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 3 representations have been received (3 objections). The issues raised are summarised as follows:- Concerns regarding the Green Belt location of the proposal Concerns that the installation would be highly visual due to its position adjacent to the busy Westburn Road Concerns regarding health and safety, including the potential for electrical shocks, arc flash, explosion and fire. Fires at such facilities can also produce toxic gasses. Concerns regarding an increase in traffic in the area and the access to the site, including during construction and about the accuracy of the Transport Assessment Concerns regarding noise and the accuracy of the Noise Assessment Concerns regarding fumes emitted from the site Concerns regarding the potential impact upon water pollution Concerns about a lack of details or impact assessment of the project Concerns in general regarding the planning process, consultation and engagement with local residents and elected members Note that this section of Westburn Road is part of cycling route N75 and sees cars travelling at high speeds, with crashes into fields not uncommon Note that the site is used by an assortment of wildlife throughout the year 32
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View that there are alterative locations that would have far less of an impact Concern that house prices will be impacted by the development View that such proposals should be subject to Hazardous Substances Consent 7.2. The majority of these matters will be considered as part of the assessment, below. It should be noted that the Planning Service is content with the information which has been submitted to assess this application, and that sufficient information has been provided to allow for the consideration the proposal. The application has also been neighbour notified and publicised in the local press, with the detailed proposals being viewable on the Council website. The general concerns regarding the planning process, consultations and engagement are noted, but these are beyond the scope of this planning application. Hazardous Substances Consent is not applicable to this development, and the impact of proposals on house prices is not a material planning consideration. 7.3. The representations 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 (2023) 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 8 - Green belts Policy 11 - Energy Policy 14 - Design, quality and place Policy 18 - Infrastructure first 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 18 - Renewable Energy SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy DM1 - New Development Design Policy SDCC3 - Sustainable Drainage Systems Policy RE1 - Renewable Energy 33
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South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 9. Guidance 9.1. The following documents set out the Scottish Governments views, policies and priorities in relation to energy, sustainability, climate change and related topics, and they are relevant to the assessment of this application:- Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) 10. Assessment and Discussion 10.1. Introduction 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 policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- development associated with agriculture, woodlands, and forestry accommodation for an essential worker horticulture outdoor recreation, play and sport, leisure and tourism uses flood risk management proposals essential infrastructure or new cemetery provision mineral operations and renewable energy intensification of established uses, including extensions to an existing building where that is ancillary to the main use the reuse, rehabilitation and conversion of historic environment assets one-for-one replacements of existing permanent homes Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map 10.4. No specific locational justification has been provided for why a site in the Green Belt is required for this proposed development. It is recognised that proximity to an appropriate grid connection point would be essential for the development of such a battery energy storage facility, but the site is around 1.7km from the grid connection 34
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point and there would be a number of other potential sites within a similar distance which would not necessitate development within the Green Belt. The applicant has not demonstrated that other sites within proximity to this grid connection point have been considered. The site is an undeveloped section of agricultural land, and the development of this proposal would lead to encroachment into the Green Belt beyond the existing clear boundary formed by the railway line. 10.5. The use of Green Belt land for essential infrastructure can potentially be justified under NPF4 Policy 8, and NPF4 Policy 18 – Infrastructure first supports development proposals which provide infrastructure in line with that identified necessary in local development plans, however, the impacts of development proposals on infrastructure should be mitigated and addressed where applicable. 10.6. With regards to energy, NPF4 Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies including wind farms, enabling works and energy storage. Proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. Project design and mitigation should address matters including the impact upon amenity, the environment, biodiversity, road networks and similar matters. SLLDP2 Policies 18 and RE1 generally support renewable energy infrastructure developments, requiring proposals to take account of relevant guidance. 10.7. The Council’s Renewable Energy Supporting Planning Guidance (2021) recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 10.8. It is recognised that energy storage is an important part of the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including battery storage. It is also recognised that whilst the generation of electricity from batteries is not in itself a renewable source of energy, Scottish Ministers have previously regarded some large BESS developments as essential infrastructure due to their provision of energy storage, and the added flexibility and resilience they provide for the wider electricity network. 10.9. On balance, it is considered that the provision of this 40MW battery energy storage facility would not be viewed as essential infrastructure which would require to be located within the Green Belt. In this respect, whilst the principle of such storage technology is supported by the Scottish Government and by the Council, there is no specific locational requirement for this proposal to be sited within the Green Belt. 10.10. The site forms part of an undeveloped agricultural field, and there is no nearby source of renewable energy generation which could justify its siting within the Green Belt. In addition, the proposed grid connection would be to an existing urban substation, located some 1.7km away in Cambuslang. No justifiable reason has been provided for why a site within the Green Belt is required for this development. In addition, whilst some large BESS developments have been viewed as essential infrastructure by Scottish Ministers, it is noted that the capacity of this proposal is significantly smaller in scale and it is not co-located adjacent to any renewable energy generation sources or other substantial electricity grid infrastructure, such as large substations. 35
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10.11. The contents of the Community Wealth Building Plan are noted, and it is welcomed that the applicants would be willing to enter into a community benefit program, but the operation of this BESS facility would not be likely to provide any significant number of jobs to the rural economy, given its proposed operational model and location on the edge of the Green Belt. The possibility of community benefit alone would not influence the assessment of the principle of developing this Green Belt site for this proposal. 10.12. In view of the above, it is considered that the principle of the development cannot be justified at this Green Belt location. 10.13. Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. 10.14. The operation of a BESS facility would provide the electricity grid with additional storage capacity, flexibility and resilience and it is recognised that this would generally support the electricity network to rely further renewable sources of electricity, which are generally more volatile in output than legacy means of energy generation. It is, however, recognised that the physical development of the site would lead to habitat damage particularly as a large section of the hedgerow would need to be removed for the access and to provide safe visibility. In addition, for the reasons noted above, it is considered that the use of a site within the designated Green Belt for this development has not been sufficiently justified and, as such, the proposal would represent the unjustified development of a Green Field site. Overall, on balance, it is considered that the proposal would have an adverse impact upon the local environment and local biodiversity. 10.15. Layout, Siting and Design In terms of the design of the proposal, the relevant policy of NPF4 to be considered is Policy 14 – Design, quality and place. This policy requires development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 - Development Management and Placemaking, GBRA1 – Rural Design and Development and DM1 – New Development Design state that development proposals should take account of and be integrated within the local context and built form. Proposals should be of a high quality, of either traditional or contemporary innovative design and shall make use of appropriate materials which respect and reinforce local character and identity. New development should also have no significant adverse impacts on the local community. 10.16. It is considered that the proposal would have a significant adverse impact upon character of the area and upon visual amenity. In this respect, the site is visually prominent, being located adjacent to a relatively busy rural road and national cycle route. The proposed development, visually, would comprise of the siting of 25 containers, similar in design to shipping containers, together with a number of associated structures and equipment. The containers would be painted to try to reduce their visual impact, but the structures would all be positioned close to the road with only a limited hedgerow and a new boundary fence to limit their visual impact. The proposed access would also require a large section of this hedgerow to be 36
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removed, although a large part of the visibility splay is outwith the application site boundary and therefore may not be practically within the applicant’s control. As such, there are also doubts that a safe access could practically be formed. The agent has argued that the presence of overhead power lines limits the visual impact, but the presence of pylons and overhead cables is commonplace even in the countryside, and this would not change the visual impact of the site simply by their presence. 10.17. In summary, the proposal would not suitably integrate with the existing area, and the proposed containers, structures and associated equipment would not respect the character or setting of the environment in which they are proposed to be located. The site could not be fully screened to adequately mitigate these concerns, there are concerns regarding road safety at the vehicular access, and it is considered that the proposal would not comply with the development plan with respect to its design, siting or layout. 10.18. Other Issues SLLDP2 Policy SDCC3 – Sustainable Drainage Systems advises that the use of sustainable drainage systems (SuDS) is a requirement on new developments, with very limited exceptions. Drainage systems must be considered early in the design process, with the developer indicating how the scheme will be maintained in the long term. In this instance, two drainage options have been provided for consideration by the agent, however, these are outwith the application site boundary and so there is no confirmation that either could practically be provided to serve the site. As such, it is considered that insufficient information relating to drainage has been provided and that the proposal does not comply with this policy. 10.19. With regards to concerns regarding safety, which were raised through representations to the application, it is recognised that there are safety issues which need to be considered in the assessment of battery energy storage applications. This is still a relatively new form of energy storage, and it is likely that further guidance on safety will be forthcoming in the future. With respect to this application, the applicant has provided an outline safety management plan covering these matters, and whilst there is no plan to base a member of staff on site permanently, the site would be intended to be monitored by sensors and by CCTV. 10.20. In addition, with regards to safety, the objection from SGN regarding the potential impact of the development on the nearby gas pipelines is noted. It is noted SGN would be satisfied if a planning condition was to be included on any approval requiring the developer to undertake relevant studies, design modifications and consultations with SGN as required and, if required, to engineer out the potential risk of inducing currents and voltage onto the pipelines and associated infrastructure. However, it is the view of the Planning Service that matters related to public safety should not generally be resolved by condition alone, particularly where there is a reasonable chance that modifications to the proposal may then be required. 10.21. Conclusion Following a detailed assessment of this proposal, it is considered that whilst policy recognises the need to support the energy network through the development of Battery Energy Storage Systems, such proposals should be located to take advantage of existing energy infrastructure and potential connections. In this instance, no appropriate justification has been provided for the siting of this proposal within the Green Belt and that its development would represent an unjustified encroachment into 37
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the Green Belt. The proposal would also have a significant adverse impact upon the character and amenity of the area as a result of its setting, visual prominence, scale, design and lack of screening. Inadequate drainage information and pipeline safety details have been provided, and there would be an adverse impact upon the local environment and biodiversity due to the removal of a large area of hedgerow. There are also concerns regarding road safety with respect to the new vehicular access. It is therefore considered that the proposal fails to comply with the relevant policies of the development plan, and it is recommended that planning consent is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as insufficient justification has been provided for the Green Belt location and it fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal would be contrary to Policy 4 – Green Belt and rural area of the South Lanarkshire Local Development Plan 2 (2021) as insufficient justification has been provided for the Green Belt location and development which does not require to locate in the countryside is expected to be accommodated within settlements. 03. The proposal would be contrary to Policy 11 - Energy of National Planning Framework 4 (2023) as, whilst the principle of this form of development is generally supported, the specific location and design of this proposal fails to mitigate the significant adverse impact it would have upon the Green Belt, visual amenity, the character of the area, road safety, biodiversity, and the proposal does not maximise socio-economic benefits due to its limited scale, lack of employment opportunities and direct economic benefit to the community. 04. The proposal would be contrary to Policy 18 – Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as, whilst the principle of this form of development is generally supported, the specific proposal does not accord with the other relevant policies in the development plan, specifically in relation to its Green Belt location and impact upon amenity. 05. The proposal would be contrary to Policy RE1 – Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as the proposal is not co-located alongside any sustainable energy generation source in the countryside and does not justify its position in the Green Belt designated countryside and as such, fails to take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance on Renewable Energy (January 2021), as well as the other relevant policies in the South Lanarkshire Local Development Plan 2 (2021). 06. The proposal would be contrary to Policy 1 – Tackling the climate and nature crises of National Planning Framework 4 (2023) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal does not justify its location within the protected Green Belt. 38
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07. The proposal would be contrary to Policy 2 – Climate mitigation and adaptation of National Planning Framework 4 (2023) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal would represent the unjustified development of a Green Belt agricultural field. 08. The proposal would be contrary to Policy 3 - Biodiversity of National Planning Framework 4 (2023) as the proposal would lead to habitat loss in the form of the removal of a significant section of hedgerow which could not be sufficiently mitigated. 09. The proposal would be contrary to Policy 2 – Climate change of the South Lanarkshire Local Development Plan 2 (2021) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal is not sustainably located as it does not justify its position in the Green Belt and it would have an adverse impact upon local biodiversity due to habitat loss. 10. The proposal would be contrary to Policy 5 – Development management and placemaking of the South Lanarkshire Local Development Plan 2 (2021) as the proposal would have a significant adverse impact upon the amenity and character of the area which could not be sufficiently mitigated, and a safe visibility splay at the vehicular access to the site could not be practically achieved on land within the applicant’s control. 11. The proposal would be contrary to Policy GBRA1 – Rural design and development of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would have a significant adverse impact upon the character and amenity of the area due to the size, scale and design of the proposal. 12. The proposal would be contrary to Policy DM1 – New development design of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would have a significant adverse impact upon the character and amenity of the area due to the size, scale and design of the proposal. 13. The proposal would be contrary to Policy SDCC3 – Sustainable drainage systems of the South Lanarkshire Local Development Plan 2 (2021) as insufficient information has been provided regarding practical drainage options. 14. The proposal has not demonstrated that electrical interference from the proposed Battery Energy Storage System would not adversely affect the high- pressure gas pipeline in close proximity to the site, which could in turn have a consequential impact upon health and public safety. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 39
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Background Papers Further information relating to the application can be found online:- P/23/0886 | Installation of 40MW battery energy storage facility (BESS) with associated infrastructure | Land 310M Northeast Of Newhouse Farm Westburn Road Cambuslang G72 7UW (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 40
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1033 Proposal: Installation of 50MW battery energy storage facility (BESS) with associated infrastructure Site Address: Land 100M Northwest of East Rogerton Cottage Markethill Road East Kilbride South Lanarkshire Applicant: GPC 676 Ltd Agent: N/A Ward: 09 East Kilbride West Application Type: Full Planning Permission Advert Type: Non-notification of neighbours and schedule 2: East Kilbride News, 20 September 2023 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 6 43
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site is located approximately 0.95km north of East Kilbride, within the designated Green Belt between East Kilbride and Cambuslang. The site is approximately 2 hectares in size, and forms part of an area of undulating rough grassland and shrubs, with mature trees along the southern section. It is bound to the north by Cairnmuir Road and to the east by Markethill Road. To the south it is bound by East Rogerton Cottage and by a private access road, and to the west it joins an existing agricultural field. The ground levels vary somewhat across the site, with a steep-sided but relatively shallow gorge (approximately 2m in depth) running through the centre of the site. In terms of the surrounding land uses, they are predominantly agricultural, with a number of residential properties to both the south-west of the site and the south-east. 2.2. Overhead electricity wires run to the north of the site, some linking with an existing electricity substation located approximately 150m north-west of the site, separated from the application site by another field of rough grassland, shrubs and other landscaping. It is also noted that immediately adjacent to this substation, to its north- west, a battery energy storage facility (BESS) is currently under construction (Planning consent P/22/0472). 3. Description of Proposed Development 3.1. The proposal is for the formation of a battery energy storage facility (BESS) and for the installation of associated infrastructure. The facility would store electricity and release it back into the grid when there is demand. The battery and equipment units would be enclosed within containers, similar in appearance to shipping containers, with other modular style buildings used to host the control room and Distribution Network Operator (DNO) building. 3.2. The proposed development would comprise of:- 16 battery and equipment containers (approximately 12.2m x 2.4m and 2.6m in height) 1 control room building (approximately 13.4m x 3.2m and 3.4m in height) 1 DNO building (approximately 7.8m x 4.7m, 3.6m at its tallest point) the formation of an enclosed compound with fencing and gates associated equipment 3.3. The development is intended to be accessed primarily from the north, Cairnmuir Road, however, a temporary construction access is also proposed to the north-west of the site, accessed just north of the junction of Markethill Road and Cairnmuir Road. The accesses would be private roads, which would lead to the enclosed compound located roughly in the centre of the application site. 3.4. Within this enclosed compound, the battery and equipment containers would be positioned in two main rows, 10 to the north, 5 to the south with the control room, DNO building and a further container completing this southern row. The rows would be separated by the access road, which would be finished with a turning head to the west of the site. Other associated equipment would be located close to each row of containers, and the site would be monitored by CCTV. The access and area hosting 44
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the containers would be finished in hardstanding and permeable gravel to allow for installation and maintenance of the various containers and equipment, and the construction access is proposed to be removed when no longer required. A soakaway is intended to be formed to the north-west of the application site to hold surface water from the site. 3.5. The applicant has indicated that an underground grid connection would be formed linking the site to the electricity substation located approximately 150m north-west of the site. It is not evident at this stage whether or not SP Energy Networks would accept the connection, however, the lack of formal agreement should not impact upon the determination of an application. The applicant would presumably also need a separate agreement with a statutory undertaker who has rights to install the cabling below the public road, however, again that is outwith the scope of this assessment. Finally, it is understood that the site is intended to be used for a period of approximately 40 years, before the BESS facility is removed and the site returned to its former state. 4. Relevant Planning History 4.1. A Proposal of Application Notice (PAN) for this proposed development was submitted in March 2023 (P/23/0003/PAN) with details provided of pre-application public consultation events, and confirmation that details of the proposal would be sent to local elected members. 5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- Planning Supporting Statement Including Design and Access Statement Additional Supporting Statement (Compliance with National Planning Policy Statement 4) Landscape and Visual Assessment Drone Visualisations Community Wealth Building Plan Statement of Community Involvement and Pre-Application Consultation Report Preliminary Ecological Appraisal Transport Statement Noise Impact Assessment Flood Risk Assessment and Surface Water Management Plan Outline Safety Management Plan 6. Consultations 6.1. Environmental Services – No objections subject to the inclusion of conditions relating to noise, validation testing of plant and equipment, a suitable floodlighting scheme being developed and the provision of acoustic fencing. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.2. Roads, Transportation and Fleet Services – No objections, subject to the inclusion of a condition requiring a Traffic Management Plan to be submitted for approval, the access roads being provided and sufficient visibility splays formed. They have also requested that a dilapidation survey is undertaken and that any subsequent repair works required as a result of construction traffic would be undertaken by the applicants. They note that other consents from Roads, Transportation and Fleet Services would be required for some aspects of the proposal. Response: Noted. These matters could be addressed through conditions if the application were to be approved. 45
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6.3. SGN (Scotland Gas Networks Plc) – Object to the proposal as the development is within the vicinity of two high-pressure gas transmission pipelines and there is a requirement for an electrical interference survey to be undertaken or for other suitable evidence to be provided that the proposed battery storage facility would not adversely affect the high-pressure pipeline. SGN would only agree to remove the objection subject to conditions being included on any planning approval requiring further assessment to be undertaken to demonstrate that the proposed installation shall not compromise or pose a threat to the integrity of the pipelines or people. Response: Noted. It is considered that matters relating to public safety should be resolved at the planning application stage and that the issuing of a planning consent with a suspensive condition relating to matters of public safety that have a direct bearing on the acceptability of the proposed use would not be appropriate. 6.4. SP Energy Networks – No objection to the proposal in principle, but SP Distribution Plc have an overhead line in the vicinity of the proposals and reserve the right to protect and/or deviate apparatus at the applicant’s expense. Response: Noted. These would be matters to be resolved between the relevant parties, if applicable. 6.5. West of Scotland Archaeology Service (WoSAS) – No objections to the proposal but a condition requiring a programme of archaeological works to be undertaken should be included on any consent as the location and history of the site is such that there is the potential for sub-surface archaeological material to survive below the site. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 5 representations have been received (2 objections, 2 comments and 1 support). The issues raised are summarised as follows:- Views that the location is inappropriate and that there are more suitable locations Concerns that the proposal is not in-keeping with the Green Belt and local environment Concerns about the visual impact of the proposal and the impact upon amenity Concerns regarding the impact upon local wildlife and nature, and the lack of wildlife impact assessment Concerns regarding the potential for noise disturbance, and the lack of noise impact information Concerns regarding light disturbance, particularly from floodlighting, and that no light impact assessment has been undertaken Concerns regarding flooding and specifically existing surface water flooding adjacent to Cairnmuir Road, and concerns about water and ice on the public road Concerns that the Transport Statement is inadequate and does not grasp the precarious nature of the roads in the area, and that traffic will wait on the public road while gates are opened Concerns about the impact of construction traffic on safety and nearby residents Concerns about safety and the potential impact on nearby gas pipelines Concerns that public consultation was not properly undertaken by the applicant Concerns regarding the cumulative impact of battery storage developments on amenity, safety, the environment and wildlife Concerns that the site will become a target for fly tipping Support the proposal for the environment, it is in a good location and hopes for more across South Lanarkshire 46
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7.2. The majority of these matters will be considered as part of the assessment, below. It should be noted that the Planning Service is content with the information which has been submitted to assess this application, and that sufficient information has been provided to allow for the consideration the proposal. The application has also been neighbour notified and publicised in the local press, with the detailed proposals being viewable on the Council website. The concerns regarding the applicant’s pre- application consultation process are noted, but this planning application has been appropriately publicised. 7.3. The representations 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 (2023) National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and sets out spatial principles, regional priorities and national developments. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green belts Policy 11 - Energy Policy 14 - Design, quality and place Policy 18 - Infrastructure first 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 18 - Renewable Energy SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy DM1 - New Development Design Policy SDCC3 - Sustainable Drainage Systems Policy RE1 - Renewable Energy South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 9. Guidance 9.1. The following documents set out the Scottish Governments views, policies and priorities in relation to energy, sustainability, climate change and related topics, and they are relevant to the assessment of this application:- 47
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Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) 10. Assessment and Discussion 10.1. Introduction 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 policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- development associated with agriculture, woodlands, and forestry accommodation for an essential worker horticulture outdoor recreation, play and sport, leisure and tourism uses flood risk management proposals essential infrastructure or new cemetery provision mineral operations and renewable energy intensification of established uses, including extensions to an existing building where that is ancillary to the main use the reuse, rehabilitation and conversion of historic environment assets; or one-for-one replacements of existing permanent homes Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. The applicant argues that the use of a Green Belt site for this development is justified as the development is considered as essential infrastructure, and that it would be relatively close to the substation where it would connect to the electricity grid. They have noted that proximity to the grid connection limits transmission loss, and the amount of new infrastructure required, and have provided criteria that they view as essential for viable BESS development sites. They state that there are very few suitable sites where these facilities can be located, given the noted criteria, without specifically referring to any alterative locations which may have been considered for this proposal. 48
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10.5. The use of Green Belt land for essential infrastructure can potentially be justified under NPF4 Policy 8, and NPF4 Policy 18 – Infrastructure first supports development proposals which provide infrastructure in line with that identified necessary in local development plans, however, the impacts of development proposals on infrastructure should be mitigated and addressed where applicable. 10.6. With regards to energy, NPF4 Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies including wind farms, enabling works and energy storage. Proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. Project design and mitigation should address matters including the impact upon amenity, the environment, biodiversity, road networks and similar matters. SLLDP2 Policies 18 and RE1 generally support renewable energy infrastructure developments, requiring proposals to take account of relevant guidance. 10.7. The Council’s Renewable Energy Supporting Planning Guidance (2021) recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 10.8. It is recognised that energy storage is an important part of the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including battery storage. It is also recognised that whilst the generation of electricity from batteries is not in itself a renewable source of energy, Scottish Ministers have previously regarded some large BESS developments as essential infrastructure due to their provision of energy storage, and the added flexibility and resilience they provide for the wider electricity network. 10.9. On balance, it is considered that the provision of this 50 MW battery energy storage facility would not be viewed as essential infrastructure which would require to be located within the Green Belt. In this respect, whilst the principle of such storage technology is supported by the Scottish Government and by the Council, it is considered that there is no specific locational requirement for this proposal to be sited within the Green Belt. Some large BESS developments have been viewed as essential infrastructure by Scottish Ministers, but it is noted that the capacity of this proposal is significantly smaller in scale. 10.10. The relative proximity of the site to the electricity substation is noted, but there does not appear to be sufficient specific locational justification for this choice of site. Co- location of renewable energy developments and electricity infrastructure can limit the overall impact of essential energy infrastructure on the Green Belt by grouping such facilities together. This was considered to be the case for the BESS facility located immediately adjacent to the substation, approved in 2022 (P/22/0472). However, as noted above, it is considered that this proposal would not be viewed as essential infrastructure given its relatively limited capacity. In addition, whilst it would be relatively close to the existing substation, its position would be approximately 150m away, visually separated by grassland, shrubbery and other landscaping. The relative proximity to the substation and consented BESS facility on the opposite side of the substation would not mitigate the visual impact of the proposal as the site would be visually disconnected. It is therefore considered that the proposal would not represent the effective co-location of energy infrastructure, and that the relative proximity to the substation would not offer any specific justification for the use of a Green Belt site. 49
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10.11. The site criteria for BESS developments mentioned in the submission is noted, and it is understood that there is a limited distance such facilities can be located from grid connection points (understood to be approximately 2km), however, there is no assessment of any alternative sites included with the application. It is, therefore, not considered that all alternative sites within 2km of the grid connection point and outwith the Green Belt have been fully considered. 10.12. In view of the above, it is considered that the principle of the development cannot be justified at this Green Belt location. 10.13. Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. 10.14. The operation of a BESS facility would provide the electricity grid with additional storage capacity, flexibility and resilience and it is recognised that this would generally support the electricity network to rely on further renewable sources of electricity, which are generally more volatile in output than legacy means of energy generation. However, for the reasons noted above, it is considered that the use of a site within the designated Green Belt for this development has not been sufficiently justified and as such the proposal would represent the unjustified development of a Green Belt site. Overall, on balance, it is considered that the proposal would have an adverse impact upon the local environment. 10.15. Layout, Siting and Design In terms of the design of the proposal, the relevant policy of NPF4 to be considered is Policy 14 – Design, quality and place. This policy requires development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 - Development Management and Placemaking, GBRA1 – Rural Design and Development and DM1 – New Development Design state that development proposals should take account of and be integrated within the local context and built form. Proposals should be of a high quality, of either traditional or contemporary innovative design and shall make use of appropriate materials which respect and reinforce local character and identity. New development should also have no significant adverse impacts on the local community. 10.16. It is considered that the proposal would have a significant adverse impact upon character of the area and upon visual amenity. In this respect, whilst the site is set back somewhat from the public road network it would remain visually prominent from a number of viewpoints, including from the south where the site is in close proximity to a number of neighbouring houses. The proposed development, visually, would comprise of the siting of 16 containers, similar in design to shipping containers, together with associated structures and equipment. The containers would be positioned on vacant grassland, with there being no obvious visual reason as to why this site was chosen to host the apparently temporary structures. The nearby substation that the site would link to is not easily viewed from the site, and whilst there are some overhead cables in the area, these features are commonplace in even the Green Belt and they would not change the overall character of the area as a 50
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predominately agricultural and open landscaped area, fitting of its Green Belt designation. As such, the relative proximity of the site to the existing substation would not mitigate its overall visual impact or impact upon the character of the area as the two sites are visually disconnected. 10.17. The proposal would involve significant works to the site to provide the required level ground to host this facility, and a second temporary construction access is proposed which would further extend the area of construction activity. The containers would be painted to try to reduce their visual impact, and landscaping is proposed to try to screen the site, but it is considered that the adverse visual impact could not be fully mitigated. The proposed landscaping would take some time to even begin to limit the visual appearance of the proposal and it is considered that the proposed development would adversely impact upon the character and visual amenity of the area. 10.18. Furthermore, the site is in close proximity to a number of neighbouring dwellings. It is considered that there would be an adverse impact upon the residential amenity of the neighbouring residents as a result of the proximity, scale and nature of this proposal. Whilst the supporting information received in respect of this application is noted, as are the consultation responses, there remain concerns regarding the adverse impact upon noise levels and light levels in the area, and that these matters may not be fully mitigated. In addition, having such a physically large area of electricity equipment located immediately adjacent to dwellings without any regular on-site staff to monitor equipment is a concern, even with the CCTV coverage and other safety details noted in the submission. 10.19. In summary, the proposal would not suitably integrate with the existing area, and the proposed containers, structures and associated equipment would not respect the character or setting of the environment in which they are proposed to be located. The site could not be fully screened to adequately mitigate these concerns, and there are significant concerns with regards to the impact upon the amenity of neighbouring residents. It is therefore considered that the proposal would not comply with the development plan with respect to its design, siting or layout. 10.20. Other Issues SLLDP2 Policy SDCC3 – Sustainable Drainage Systems advises that the use of sustainable drainage systems (SuDS) is a requirement on new developments, with very limited exceptions. Drainage systems must be considered early in the design process, with the developer indicating how the scheme will be maintained in the long term. In this instance, the agent proposes an on-site SuDS system which would appear to be capable of providing satisfactory drainage for the site and which may assist in limiting water entering the public road in this area. 10.21. With regards to fire safety, it is recognised that there are safety issues which need to be considered in the assessment of battery energy storage applications. This is still a relatively new form of energy storage, and it is likely that further guidance on safety will be forthcoming in the future. With respect to this application, the applicant has provided an outline safety management plan covering these matters, and whilst there is no plan to base a member of staff on site permanently, the site would be intended to be monitored by sensors and by CCTV. This is noted but given the close proximity of the site to neighbouring dwellings, there remain safety concerns and it is considered that this is an inappropriate location for this form of development. 51
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10.22. In addition, with regards to safety, the objection from SGN regarding the potential impact of the development on the nearby gas pipelines is noted. It is noted SGN would be satisfied if a planning condition was to be included on any approval requiring the developer to undertake relevant studies, design modifications and consultations with SGN as required and, if required, to engineer out the potential risk of inducing currents and voltage onto the pipelines and associated infrastructure. It is recognised that there is an existing consented BESS facility relatively near to the site where these matters have been suitably addressed, but that is not the case for this application. It is the view of the Planning Service that matters related to public safety should not generally be resolved by condition alone, particularly where there is a reasonable chance that modifications to the proposal may then be required. 10.23. Conclusion Following a detailed assessment of this proposal, it is considered that whilst policy recognises the need to support the energy network through the development of Battery Energy Storage Systems, such proposals should be located to take advantage of existing energy infrastructure and potential connections. In this instance, whilst it is intended to be sited relatively close to an electricity substation, no appropriate justification has been provided for the siting of this proposal within the Green Belt and that its development would represent an unjustified encroachment into the Green Belt. The proposal would also have a significant adverse impact upon the character and amenity of the area as a result of its setting, visual prominence, scale, design and lack of screening. There are further concerns with regards to safety and the impact upon local residents. It is, therefore, considered that the proposal fails to comply with the relevant policies of the development plan, and it is recommended that planning consent is refused. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as insufficient justification has been provided for the Green Belt location and it fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal would be contrary to Policy 4 – Green Belt and rural area of the South Lanarkshire Local Development Plan 2 (2021) as insufficient justification has been provided for the Green Belt location and development which does not require to locate in the countryside is expected to be accommodated within settlements. 03. The proposal would be contrary to Policy 11 - Energy of National Planning Framework 4 (2023) as, whilst the principle of this form of development is generally supported, the specific location and design of this proposal fails to mitigate the significant adverse impact it would have upon the Green Belt, visual amenity, the character of the area, and the proposal does not maximise socio-economic benefits due to its limited scale, lack of employment opportunities and direct economic benefit to the community. 52
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04. The proposal would be contrary to Policy 18 – Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as, whilst the principle of this form of development is generally supported, the specific proposal does not accord with the other relevant policies in the development plan, specifically in relation to its Green Belt location and impact upon amenity. 05. The proposal would be contrary to Policy RE1 – Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as the proposal is not co-located alongside any sustainable energy generation source in the countryside and does not justify its position in the Green Belt designated countryside and, as such, fails to take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance on Renewable Energy (January 2021), as well as the other relevant policies in the South Lanarkshire Local Development Plan 2 (2021). 06. The proposal would be contrary to Policy 1 – Tackling the climate and nature crises of National Planning Framework 4 (2023) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal does not justify its location within the protected Green Belt. 07. The proposal would be contrary to Policy 2 – Climate mitigation and adaptation of National Planning Framework 4 (2023) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal would represent the unjustified development of a Green Belt agricultural field. 08. The proposal would be contrary to Policy 2 – Climate change of the South Lanarkshire Local Development Plan 2 (2021) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal is not sustainably located as it does not justify its position in the Green Belt. 09. The proposal would be contrary to Policy 5 – Development management and placemaking of the South Lanarkshire Local Development Plan 2 (2021) as the proposal would have both a significant adverse impact upon the amenity and character of the area which could not be sufficiently mitigated and a significant adverse impact upon residential amenity. 10. The proposal would be contrary to Policy GBRA1 – Rural design and development of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would have a significant adverse impact upon the character and amenity of the area due to the size, scale and design of the proposal. 11. The proposal would be contrary to Policy DM1 – New development design of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would have a significant adverse impact upon the character and amenity of the area due to the size, scale and design of the proposal. 12. The proposal has not demonstrated that electrical interference from the proposed Battery Energy Storage System would not adversely affect the high- pressure gas pipeline in close proximity to the site, which could in turn have a consequential impact upon health and public safety. 53
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David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/23/1033 | Installation of 50MW battery energy storage facility (BESS) with associated infrastructure | Land 100M Northwest Of East Rogerton Cottage Markethill Road East Kilbride Glasgow South Lanarkshire Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 54
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0307 Proposal: Installation of a 22.8 MW Battery Energy Storage System (BESS) with associated infrastructure Site Address: Crutherland Farm Crutherland Highway East Kilbride G75 0QJ Applicant: Clean Earth Energy Ltd Agent: N/A Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Type: Non-notification of neighbours and schedule 2: East Kilbride News, 3 April 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 7 57
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site is located approximately 1.4km east of East Kilbride, within the designated Green Belt between East Kilbride and Hamilton. The site is approximately 0.7 hectares in size, and forms part of an existing field. It is bound to the south by an existing private access road, leading to the Rigmuir landfill restoration site, and by adjacent fields to the north, east and west. The site is relatively flat, with overhead electricity wires running to the north of the site. The nearest adjacent properties are dwellings at the Crutherland Farm House to the north-east and buildings associated with landfill remediation operations to the east. 2.2. Access to the site would be taken from the A726 Strathaven Road, via an existing private road. The plans originally also included the length of the private access to the A726 Strathaven Road within the red line application site boundary. However, to comply with the legislation covering major applications the application site boundary needed to match that submitted with the Proposal of Application Notice (PAN) submitted previously. As such, the application site boundary was amended to remove this access and include the main site area only, matching the PAN site boundaries. 3. Description of Proposed Development 3.1. The proposal is for the formation of a battery energy storage facility (BESS) and for the installation of associated infrastructure. The facility would store electricity and release it back into the grid when there is demand. The battery units, associated inverters and switchroom would be enclosed within containers, similar in appearance to shipping containers. 3.2. The proposed development would comprise of:- 6 battery containers (approximately 12.2m x 2.4m and 2.9m in height) 6 inverter containers (approximately 12.2m x 2.4m and 2.9m in height) 1 switchroom container (approximately 12.2m x 2.4m and 2.9m in height) 1 compound (approximately 19m x 20m in size, containing a transformer and other equipment) 1 Distribution Network Operator (DNO) compound (containing associated equipment) 1 DNO breaker (approximately 10m x 5m with a flat roof, 3.75m at its tallest point) associated equipment 3.3. The development would be accessed from the existing private road, serving the adjacent landfill site. The containers containing the batteries and inverters would be positioned mainly in two rows to the eastern side of the site, with the switchroom container adjacent. The compound containing the remaining equipment would be located on the western side of the site. It is understood that the access and area hosting the containers would be finished in hardstanding to allow for installation and maintenance of the various containers and equipment, and the site would be enclosed by fencing, gates and monitored by CCTV. A drainage pond would be located close to the entrance of the site. 58
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3.4. The applicant has indicated that an underground grid connection would be formed linking the site to the East Kilbride South Grid Supply Point on Hurlawcrook Road, East Kilbride, approximately 1.95km west of the site. It is not evident at this stage whether or not SP Energy Networks would accept the connection, however, the lack of formal agreement should not impact upon the determination of an application. The applicant would presumably also need a separate agreement with a statutory undertaker who has rights to install the cabling below the public road, however, again that is outwith the scope of this assessment. Finally, the site is intended to be used for a period of approximately 40 years, before the BESS facility is removed and the site returned to its former state. 4. Relevant Planning History 4.1. A Proposal of Application Notice (PAN) for this proposed development was submitted in December 2023 (P/23/0022/PAN) with details provided of pre-application public consultation events, and confirmation that details of the proposal would be sent to local elected members. 5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- Planning, Design and Access Statement Coal Mining Risk Assessment Ecological Survey (and Annex) Heritage Impact Assessment Transport Statement Public Consultation and Statement of Community Involvement Landscape and Visual Impact Assessment Noise Impact Assessment Flood Risk Assessment and Drainage Impact Assessment Fire Risk Management Plan Green Belt Statement 6. Consultations 6.1. Environmental Services – No objections subject to the inclusion of conditions relating to noise and the provision of acoustic fencing. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.2. Roads, Transportation and Fleet Services – No objections, subject to the inclusion of a condition requiring a Traffic Management Plan to be submitted for approval. They have also noted that other consents from Roads, Transportation and Fleet Services would be required for some aspects of the proposal. Response: Noted. These matters could be addressed through conditions if the application were to be approved. 6.3. The Coal Authority – Initially objected to the planning application, however, this objection was removed following the receipt of further information subject to the inclusion of conditions requiring a scheme of intrusive site investigations to be undertaken, appropriate remediation works being carried out and the submission of a declaration by a suitably competent person confirming that the site has been made safe and stable for the development. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 59
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6.4. SGN (Scotland Gas Networks Plc) – No objection/comment to the proposal as SGN do not have any high-pressure assets within the vicinity of this site. Response: Noted. 6.5. West of Scotland Archaeology Service (WoSAS) – No objections to the proposal but a condition requiring a programme of archaeological works to be undertaken should be included on any consent as the location and history of the site is such that there is the potential for sub-surface archaeological material to survive below the site. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid representations have been received. It should be noted that there were no notifiable properties within 20 metres of the application site. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 (2023) National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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 8 - Green belts Policy 11 - Energy Policy 14 - Design, quality and place Policy 18 - Infrastructure first 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 18 - Renewable Energy SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy DM1 - New Development Design Policy SDCC3 - Sustainable Drainage Systems Policy RE1 - Renewable Energy 60
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South Lanarkshire Council (SLC) Supporting Planning Guidance Renewable Energy (January 2021) 9. Guidance 9.1. The following documents set out the Scottish Governments views, policies and priorities in relation to energy, sustainability, climate change and related topics, and they are relevant to the assessment of this application:- Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) 10. Assessment and Discussion 10.1. Introduction 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 policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- development associated with agriculture, woodlands, and forestry accommodation for an essential worker horticulture outdoor recreation, play and sport, leisure and tourism uses flood risk management proposals essential infrastructure or new cemetery provision mineral operations and renewable energy intensification of established uses, including extensions to an existing building where that is ancillary to the main use the reuse, rehabilitation and conversion of historic environment assets one-for-one replacements of existing permanent homes Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. The applicant argues in their Green Belt Statement that this location within the Green Belt is justified as the development is classified as essential infrastructure, and that it would be located close to the Rigmuir Wind Farm. It would benefit from access to existing infrastructure to accommodate the cable route and the existing vehicular 61
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access would be used. Furthermore, they have noted that other uses for the proposed site would not be possible due to the proximity to the landfill site and wind farm, and that the area has been effectively industrialized by the landfill site, overhead cables and other development. The agent has noted the site criteria they consider for BESS developments and has provided an assessment of 4 other potential sites, all within designated core industrial and business areas, which have been dismissed for various reasons including the unavailability of sites due to existing or proposed development. 10.5. The use of Green Belt land for essential infrastructure can potentially be justified under NPF4 Policy 8, and NPF4 Policy 18 – Infrastructure first supports development proposals which provide infrastructure in line with that identified necessary in local development plans, however, the impacts of development proposals on infrastructure should be mitigated and addressed where applicable. 10.6. With regards to energy, NPF4 Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies including wind farms, enabling works and energy storage. Proposals will only be supported where they maximise net economic impact, including local and community socio-economic benefits such as employment. Project design and mitigation should address matters including the impact upon amenity, the environment, biodiversity, road networks and similar matters. SLLDP2 Policies 18 and RE1 generally support renewable energy infrastructure developments, requiring proposals to take account of relevant guidance. 10.7. The Council’s Renewable Energy Supporting Planning Guidance (2021) recognises that BESS systems can be co-located alongside wind or solar farms in the countryside, or in urban areas close to grid supply points. Proposals will be assessed on their merits against the relevant policies of the development plan and any relevant criteria in the renewable energy assessment checklist. 10.8. It is recognised that energy storage is an important part of the energy network, and that the Scottish Governments Draft Energy Strategy and Just Transition Plan supports a ‘range of technologies which provide sufficient generation and interconnection to meet energy demand’, including battery storage. It is also recognised that whilst the generation of electricity from batteries is not in itself a renewable source of energy, Scottish Ministers have previously regarded some large BESS developments as essential infrastructure due to their provision of energy storage, and the added flexibility and resilience they provide for the wider electricity network. 10.9. On balance, it is considered that the provision of this 22.8 MW battery energy storage facility would not be viewed as essential infrastructure which would require to be located within the Green Belt. In this respect, whilst the principle of such storage technology is supported by the Scottish Government and by the Council, it is considered that there is no specific locational requirement for this proposal to be sited within the Green Belt. Some large BESS developments have been viewed as essential infrastructure by Scottish Ministers, but it is noted that the capacity of this proposal is significantly smaller in scale. 10.10. The relative proximity of the site to the Rigmuir landfill site and wind farm is noted, but there does not appear to be sufficient specific locational justification for this choice of site. It would benefit from an existing vehicular access but road access would be available on any alternative site too, and the infrastructure benefits noted are unclear with only the partial use of a pre-laid cable duct noted on the grid connection plan. The site is on the edge of the 2km grid connection area, with the connection point some 1.95km away within the urban area of East Kilbride. 62
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10.11. Co-location of renewable energy developments and electricity infrastructure can limit the overall impact of essential energy infrastructure on the Green Belt by grouping such facilities together. However, as noted above it is considered that this proposal would not be viewed as essential infrastructure. In addition, whilst it would be relatively close to Rigmuir landfill and wind farm, it would be visually separated by an agricultural field and landscaping and visually disconnected. The relative proximity to the landfill and wind farm would not mitigate the visual impact of the proposal and, as noted by the consideration of alternative sites, there is no technical requirement to locate this BESS facility near to any specific renewable energy site. For these reasons, it is considered that the proposal would not represent the effective co-location of renewable energy developments and the relative proximity to Rigmuir landfill and wind farm would not offer any specific justification for the use of a Green Belt site. 10.12. The site criteria for BESS developments provided in the agents Green Belt Statement is noted, and it is welcomed that a small number of alternative sites were reviewed. However, it is not considered that all alternative sites within 2km of the grid connection point and outwith the Green Belt have been fully considered. Finally, the argument that the site would not be suitable for other forms of development due to the nearby landfill and wind farm is also not considered to justify this proposal, given that the existing use of the site as an agricultural field is appropriate within the Green Belt. 10.13. In view of the above, it is considered that the principle of the development cannot be justified at this Green Belt location. 10.14. Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. 10.15. The operation of a BESS facility would provide the electricity grid with additional storage capacity, flexibility and resilience and it is recognised that this would generally support the electricity network to rely on further renewable sources of electricity, which are generally more volatile in output than legacy means of energy generation. However, for the reasons noted above, it is considered that the use of a site within the designated Green Belt for this development has not been sufficiently justified and, as such, the proposal would represent the unjustified development of a Green Belt site. Overall, on balance, it is considered that the proposal would have an adverse impact upon the local environment. 10.16. Layout, Siting and Design In terms of the design of the proposal, the relevant policy of NPF4 to be considered is Policy 14 – Design, quality and place. This policy requires development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 - Development Management and Placemaking, GBRA1 – Rural Design and Development and DM1 – New Development Design state that development proposals should take account of and be integrated within the local context and built form. Proposals should be of a high quality, of contemporary innovative design and shall make use of appropriate materials which respect and reinforce local character and identity. New development should also have no significant adverse impacts on the local community. 63
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10.17. It is considered that the proposal would have a significant adverse impact upon the character of the area and upon visual amenity. In this respect, whilst the site is set back significantly from the public road network and there are limited neighbouring buildings and residents, the site is relatively visually prominent due to the flat topography of the area and lack of existing landscaping at the site. The proposed development, visually, would comprise of the siting of 13 containers, similar in design to shipping containers, together with associated structures and equipment. The containers would be positioned on a vacant agricultural field surrounded on three sides by other fields, with there being no obvious visual reason as to why this site was chosen to host the apparently temporary structures. The containers would be painted to try to reduce their visual impact, and some landscaping is proposed to try to screen the site, but it is considered that the adverse visual impact could not be fully mitigated. 10.18. The agent has argued that the presence of overhead power lines in the area and the nearby landfill and wind farm have effectively industrialised the area. The presence of pylons and overhead cables is commonplace even in the countryside, and the siting of wind turbines and landfill development is subject to detailed consideration and mitigation at the planning application stage to mitigate their impact upon the wider area. It is considered that the overall character of the area remains as a predominately agricultural and open landscaped area, fitting of its Green Belt designation. The proposed development would adversely impact upon the character and visual amenity of the area. 10.19. In summary, the proposal would not suitably integrate with the existing area, and the proposed containers, structures and associated equipment would not respect the character or setting of the environment in which they are proposed to be located. The site could not be fully screened to adequately mitigate these concerns, and it is considered that the proposal would not comply with the development plan with respect to its design, siting or layout. 10.20. Other issues SLLDP2 Policy SDCC3 – Sustainable Drainage Systems advises that the use of sustainable drainage systems (SuDS) is a requirement on new developments, with very limited exceptions. Drainage systems must be considered early in the design process, with the developer indicating how the scheme will be maintained in the long term. In this instance, the agent proposes an on-site SuDS system which would appear to be capable of providing satisfactory drainage for the site. 10.21. With regards to fire safety, it is recognised that there are safety issues which need to be considered in the assessment of battery energy storage applications. This is still a relatively new form of energy storage, and it is likely that further guidance on safety will be forthcoming in the future. With respect to this application, the applicant has provided a fire risk management plan covering these matters, and whilst there is no plan to base a member of staff on site permanently, the site would be intended to be monitored by sensors and by CCTV. 10.22. Conclusion Following a detailed assessment of this proposal, it is considered that whilst policy recognises the need to support the energy network through the development of Battery Energy Storage Systems, such proposals should be located to take advantage of existing energy infrastructure and potential connections. In this instance, whilst it is intended to be sited relatively close to an existing landfill and wind farm, no appropriate justification has been provided for the siting of this proposal within the Green Belt and that its development would represent an unjustified encroachment into the Green Belt. 64
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The proposal would also have a significant adverse impact upon the character and amenity of the area as a result of its setting, visual prominence, scale, design and lack of screening. It is therefore considered that the proposal fails to comply with the relevant policies of the development plan, and it is recommended that planning consent is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as insufficient justification has been provided for the Green Belt location and it fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal would be contrary to Policy 4 – Green Belt and rural area of the South Lanarkshire Local Development Plan 2 (2021) as insufficient justification has been provided for the Green Belt location and development which does not require to locate in the countryside is expected to be accommodated within settlements. 03. The proposal would be contrary to Policy 11 - Energy of National Planning Framework 4 (2023) as, whilst the principle of this form of development is generally supported, the specific location and design of this proposal fails to mitigate the significant adverse impact it would have upon the Green Belt, visual amenity, the character of the area, and the proposal does not maximise socio-economic benefits due to its limited scale, lack of employment opportunities and direct economic benefit to the community. 04. The proposal would be contrary to Policy 18 – Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as, whilst the principle of this form of development is generally supported, the specific proposal does not accord with the other relevant policies in the development plan, specifically in relation to its Green Belt location and impact upon amenity. 05. The proposal would be contrary to Policy RE1 – Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as the proposal is not co-located alongside any sustainable energy generation source in the countryside and does not justify its position in the Green Belt designated countryside and, as such, fails to take into account the considerations, criteria and guidance contained within the Supporting Planning Guidance on Renewable Energy (January 2021), as well as the other relevant policies in the South Lanarkshire Local Development Plan 2 (2021). 06. The proposal would be contrary to Policy 1 – Tackling the climate and nature crises of National Planning Framework 4 (2023) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal does not justify its location within the protected Green Belt. 65
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07. The proposal would be contrary to Policy 2 – Climate mitigation and adaptation of National Planning Framework 4 (2023) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal would represent the unjustified development of a Green Belt agricultural field. 08. The proposal would be contrary to Policy 2 – Climate change of the South Lanarkshire Local Development Plan 2 (2021) as, whilst this form of development can support the electricity grid to support more sustainable energy generation, this specific proposal is not sustainably located as it does not justify its position in the Green Belt. 09. The proposal would be contrary to Policy 5 – Development management and placemaking of the South Lanarkshire Local Development Plan 2 (2021) as the proposal would have a significant adverse impact upon the amenity and character of the area which could not be sufficiently mitigated. 10. The proposal would be contrary to Policy GBRA1 – Rural design and development of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would have a significant adverse impact upon the character and amenity of the area due to the size, scale and design of the proposal. 11. The proposal would be contrary to Policy DM1 – New development design of the South Lanarkshire Local Development Plan 2 (2021) as the proposed development would have a significant adverse impact upon the character and amenity of the area due to the size, scale and design of the proposal. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0307 | Installation of a 22.8 MW Battery Energy Storage System (BESS) with associated infrastructure | Crutherland Farm Crutherland Highway East Kilbride G75 0QJ (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 66
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0529 Proposal: Erection of 25 dwellinghouses, associated access road, noise bund with fence, suds pond, open space and landscaping (variation to P/19/1802 as approved including layout, siting and design and a reduction in house plots) Site Address: Land 85m south of 51 Brocketsbrae Road Brocketsbrae Road Lesmahagow Applicant: Mr Alan Wilson Modern Housing Limited Agent: N/A Ward: 04 Clydesdale South Application Type: Full Planning Permission Advert Type: N/A Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: Yes. Variation to existing S75 agreement required to reflect new proposal. Direction to Scottish Ministers N/A 8 69
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under the South Lanarkshire Council Scheme of Delegation as it has received more than 5 objections. 2. Site Description 2.1. The application site covers approximately 2 hectares and lies within the settlement of Brocketsbrae at the junction of Eastwood Road and Brocketsbrae Road. The site is bordered by a line of mature trees along its south-eastern section and a hedge adjacent to Brocketsbrae Road. The M74 defines the south-western boundary of the application site, where the motorway sits lower in a cutting. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of 25 dwellinghouses, associated access road, noise bund with fence, suds pond, open space and landscaping and represents a variation to application P/19/1802. 3.2. The proposed variation is to revise the approved house designs at plots 7, 8, 9, 10 and 11 resulting in new house types and larger footprints for plots 7, 8 and 11 and the consented semi-detached properties at plots 9 and 10 being replaced by a single detached house design which already exists elsewhere within the approved layout. The materials proposed would be a mix of white render, facing brick, anthracite roof tiles, windows and fascia. 4. Relevant Planning History 4.1. In terms of planning history, the site previously benefitted from planning approval for residential development (planning permission in principle) granted at Planning Committee subject to a Section 75 agreement in 2015, under reference number CL/14/0371. The required Section 75 was not confirmed and the application was subsequently withdrawn in agreement with the new landowner and administrator for a previous owner in February 2020. 4.2. Planning consent P/19/1802 was issued in February 2024 for the erection of 26 dwellinghouses, associated access road, noise bund with fence, suds pond, open space and landscaping. This approval was subject to a Section 75 legal agreement in relation to contributions for community facilities, housing and education. This existing Section 75 agreement will need to be amended, should this application be granted, and more information on the contributions is detailed in the Heads of Terms at the end of this report. 5. Consultations 5.1. Environmental Services – No objection subject to the imposition of planning conditions and informatives attached to the previous consent. Response: Noted. 5.2. Roads, Transportation and Fleet Services (Development Management) – No objection subject to planning conditions. Response: Noted 5.3. Roads Flood Risk Management – Offered no objection. Response: Noted. 5.4. Scottish Water – No objection. Response: Noted. 70
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5.5. Transport Scotland – No objection. Response: Noted. 5.6. WOSAS – No objection subject to conditions. Response: Noted. 6 Representations 6.1. Following the statutory periods of neighbour notification and advertisement for non- notification of neighbours in the local press, a total of 10 representations were received. The issues raised are summarised as follows:- Amenity Increase in noise, disruption, dust and pollution Overshadowing and loss of sunlight/daylight Loss of privacy Proposal would double size of existing hamlet significantly changing its character and, in addition, proposed modern houses/materials would be out of character Roads Related Matters Increase in traffic and access road being unable to cope Adverse impact on road safety Access would be better served from Eastwood Road which would help alleviate parking issues Other Matters Raised The application site regularly floods and there are existing surface water and subsidence issues in the area. Building on this site would exacerbate the issue and would put other residential properties at greater risk of flooding Usability of play park with building traffic and construction activity Should consent be granted it is requested that conditions are imposed to ensure that all vehicle movements to access and leave Brocketsbrae by nearest access to the B7018, that all machinery and materials be parked and stored on site and limiting hours of work and noise and dust generated Proposed houses would not meet incoming Passive Haus-equivalent standards 6.2. Other non-material planning comments were included in representations. These points relate to:- Loss of value of neighbouring properties Potential damage to neighbouring properties The Human Rights Act 1998. Article 8 of the Act protects your right to respect for your private life, family life and home 6.3. The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 7. Development Plan 7.1. 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. 71
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7.2. 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 7.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 – General Urban Areas Policy 5 - Development Management and Placemaking Policy 15 – Travel and Transport Policy 16 – Water Environment and Flooding SLLDP2 Volume 2 Policies Policy SDCC2 – Flood Risk Policy SDCC3 – Sustainable Drainage Systems Policy DM1 – New Development Design 8. Guidance 8.1. Non applicable. 9. Assessment and Discussion 9.1. Introduction The applicant seeks planning permission for the erection of 25 dwellinghouses, associated access road, noise bund with fence, suds pond, open space and landscaping at land 85m south of 51 Brocketsbrae Road, Brocketsbrae Road, Lesmahagow. The determining issues in the consideration of this application are its compliance with the development plan, which consists of National Planning Framework 4 (adopted 2023) and South Lanarkshire Local Development Plan 2 (adopted 2021). Principle of Development 9.2. The application site is located within the settlement boundary as defined by the adopted South Lanarkshire Local Development Plan and also has an existing detailed planning consent therefore the principle of residential development at this site is accepted. 72
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Climate Change 9.3. NPF4 Policy 1 Tackling the Climate and Nature Crises and NPF4 Policy 2 Climate Mitigation and Adaptation aim to ensure that new developments minimise and mitigate against climate change and the generation of greenhouse gases. In this case, the proposal is located in the settlement and the proposed dwellings would incorporate measures to improve the sustainability of the development and mitigate against climate change. 9.4. In amplification of this the agent has submitted a supporting statement which comments that the proposed dwellinghouses have been designed to be exceptionally thermally efficient. The U-Values through the building fabric would improve upon the minimum requirements from Building Standards. 9.5. The dwellings would have large windows to every room, which would not only enhance the quality of living, but it would also cut down on electricity usage as the artificial lighting would not be required as much. All dwellings would have air source heat pumps. These will have an energy efficiency of around 400%. This would reduce the energy consumption to heat the house and to heat the water up. Each house would have solar panels, which would allow the homeowners to reduce their reliance on the national grid. All dwellings would also have electric car charging points. All of these actions when combined would give the development a lower carbon footprint than a traditional housing development. On balance the substitution of house types is not considered to raise any issues that conflict with the aims of Policy 1 or 2 of NPF4, or Policy 2 of SLLDP2. Layout, Siting and Design 9.6. Policy 14 - Design, Quality and Place of NPF4 aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design- led approach and applying the Place Principle. It sets out six qualities of successful places. Policy 15 - Local Living and 20-minute neighbourhoods of NPF4 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. In this case, the application site is within a defined settlement and is located opposite a number of residential properties. 9.7. There is a 2 metre wide footpath on Eastwood Road, which takes you into Lesmahagow with local schools and shops, some 15 minute walk. The bus stops in Priory Road can also be reached in approximately 15-20 minutes. Given the previous planning history and having assessed the proposal against these policies, there are no provisions that would change the assessment of the proposal, or the conclusions reached, in the context of the local development plan. As such, the current proposal is considered to raise no issues that would merit refusal in relation to Policies 14 and 15 of NPF4. 9.8. 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. It states that development proposals for new homes on land allocated for housing in LDPs will be supported. As set out above, the site is located within the existing settlement. The proposed development is of a high-quality design and materials and forms part of a proposed wider development which provides a range of housing sizes. The proposal is therefore considered to be consistent with Policy 16 of the NPF4. 73
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9.9. In terms of SLLDP2, the site is located within the settlement boundary therefore Policy 3 – General Urban Areas and Settlements is also applicable. This policy advises that within residential areas, development will not be permitted if it is detrimental to the amenity of residents in terms of visual impact, noise, smell, air pollution, disturbance, traffic or public safety. The principle of developing the application site for residential use is already established through the existing planning consent when it was established that the residential development would result in a development that is of an appropriate scale that would respect the landscape character of the area. 9.10. Policy 5 Development Management and Policy DM1 New Development Design of the Local Development Plan state that all planning applications should take fully into account the local context and built form in terms of layout, scale, massing, design and external materials. The proposed substitution of house types and the proposed mix of house styles, external materials, size of properties and development layout are generally considered to be acceptable. Additionally, the proposed development would not have any significant impact in respect of overshadowing or privacy that would justify refusal of the application. Roads, Transportation and Fleet Services have no objections. It is therefore considered that the proposal is consistent with Policy 5 and Policy DM1 of the adopted Local Development Plan. Technical Matters 9.11. NPF4 Policy 22 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. SLLDP2 Policies 16, SDCC2 and SDCC3 relate to any potential flood risk and impact on the water environment from the proposed development. Concerns have been raised in relation to existing flooding and the impact that the proposed development could have on this. 9.12. There is an overarching flood risk assessment relating to the whole site and both SEPA and the Roads Flood Risk Management Team previously reviewed the submitted information and the proposed development and advised they have no objections subject to the developer carrying out a further flood risk assessment to inform the design and submission of a surface water drainage system that will meet their design standards. The developer will be required to ensure the flood risk information is comprehensive and up to date and appropriate drainage would be designed to ensure that the area does not flood nor that there is run-off affecting existing properties or other adjacent land. Taking the above into account, it is considered that the proposal is acceptable with regard to the requirements of Policy 22 of NPF4 and Policies 16, SDCC2 and SDCC3 of the LDP. 9.13. Concerns have been expressed that access would be better served from Eastwood Road which would also alleviate any parking issues on the existing road network. Additionally, it is perceived that the proposal will bring traffic congestion, access and parking issues and road safety problems. Policy 15 - Travel and Transport - requires all new development proposals to consider the resulting impacts of traffic growth. The impact of the proposal on the local road network and in terms of parking provision has been fully assessed by Roads, Transportation and Fleet Services who have offered no objections, subject to the imposition of the same conditions for the existing P/19/1802 consent when it was considered that the proposed layout is acceptable in terms of traffic and pedestrian safety and that the proposed access into the site is acceptable subject to alterations to the width of Brocketsbrae Road and conditions on traffic calming measures. The proposal can therefore be considered to comply with Policy 15 of the adopted LDP. 74
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9.14. In relation to the impact of the proposal and the proposed design/materials of the houses on the existing settlement and its character, the previous existing consent established that the proposed development layout and housing mix was acceptable in the context of the settlement of Brocketsbrae and would not have any significant impact on the character of the area or residential amenity of existing residents that would merit refusal of the application. The site therefore has planning permission for 26 units and the current application reduces this to 25 units by amending 4 house types (and in doing so removes one house from the development). On balance, this is considered to be acceptable both in principle and in design terms and would not merit refusal of the current application. The proposed housing styles and materials are considered acceptable and will add interest and variety. 9.15. The proposed amended layout and its relationship with neighbouring properties is considered appropriate. The scale of the amended house types and the distances from the existing housing on Brocketsbrae Road would not result in any unacceptable loss of privacy or overshadowing/loss of light that would merit refusal of the application. The developer is responsible for ensuring that any existing utility infrastructure affected by or altered by the development of the site is approved and coordinated by the utility providers ie, Scottish Power and BT Openreach, this is not a matter controlled by the Council or by the Planning System. 9.16. In relation to the concerns relating to noise, pollution, dust and disruption it is noted that Environmental Services were consulted and have raised no objection to the proposal, however, require all works to be carried out in accordance with the appropriate standards. The site is identified as being in the settlement boundary and the small increase in traffic associated with the proposed hosing development is not considered to be of a scale that would significantly affect air pollution in this area to a degree that would merit refusal of the application. Roads, Transportation and Fleet Services were consulted in relation to the proposal and have advised that a condition should be attached to any consent which requires the submission and approval of a Construction Traffic Management Plan. This document would provide details regarding the proposed access, parking and storage arrangements for deliveries, construction and staff vehicles, site buildings etc which should mitigate any potential access and parking issues and hopefully enable the usability of the play park. 9.17. The representation comments relating to the house standards and compliance with the climate emergency are noted, however, it must be acknowledged that the application site is located within the settlement boundary and has an existing detailed planning consent therefore the principle of residential development at this site is acceptable in principle. The current proposal is essentially an amendment of 4 house types and the proposed dwellings would incorporate measures to improve the sustainability of the development and mitigate against climate change. It should also be noted that the building warrant process will ensure that any dwellinghouses comply with the appropriate building standards at that time. Conclusion 9.18. In conclusion, it is noted that the principle of residential development within the site is already established by the previous planning consent. The proposal in this instance would not merit refusal of the application. Furthermore, given that the proposal would not result in adverse amenity, environmental or safety impacts that would merit refusal of the application, it is considered that the proposal is generally in compliance with the provisions of the relevant policies of the National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. It is therefore considered appropriate for planning permission to be granted for the proposed development subject to the attached conditions. 75
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10. Recommendation and Conditions 10.1. The Committee is asked to agree the following recommendation:- Grant Full Planning Permission subject to the following conditions and a Section 75 Legal Agreement:- 01. 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. Thereafter 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. 02. That no development shall commence on site until the applicant provides written confirmation from Scottish Water or SEPA to the Council as Planning Authority that the site can be satisfactorily served by a sewerage scheme designed in accordance with their standards. Reason: To ensure the provision of a satisfactory sewerage system. 03. That prior to any work starting on site, a Drainage Assessment in accordance with 'Drainage Assessment - A Guide for Scotland', shall be submitted to and approved in writing by the Council as Planning and Roads Authority. Reason: To demonstrate that a satisfactory means of waste and surface water drainage can be achieved. 04. That no development or ground works 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: In order to safeguard any archaeological items of interest or finds. 05. 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; 76
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(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. 06. 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. Reason: In the interests of the visual amenity of the area. 07. The proposed bund along the south western boundary of the site shall be so constructed to leave a minimum of 1m level access between the bund and the existing boundary fence with the M74. Reason: To keep the existing access provision to both sides of the fence to allow the Roads Authority to maintain the existing fencing along the motorway. 08. That before any work commences on the site, a scheme for the provision of the toddler/pre-school play area as identified on the approved plans shall be submitted to the Council as Planning Authority for written approval and shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area(s); and (d) details of the phasing of these works. Reason: To ensure the provision of adequate play facilities within the site in line with the Residential Design Guide. 09. That prior to the completion or occupation of the last 2 dwellinghouses within the development, all of the works required for the provision of equipped play area included in the scheme approved under the terms of Condition 8, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area. Reason: To ensure the provision of adequate play facilities within the site. 10. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 77
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11. That before each dwelling is completed or brought into use, all of the parking spaces shown on the approved plans for that dwelling shall be laid out, constructed and thereafter maintained to the specification of the Council as Roads Authority. Reason: To ensure the provision of adequate parking facilities for each dwelling within the site. 12. That before the development hereby approved is completed or brought into use, a visibility splay of 2.5 metres by 90 metres measured from the road channel shall be provided on both sides of new vehicular access into the site and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 13. The localised road widening as shown on the approved plans and traffic calming measures along Brocketsbrae Road shall be implemented to a suitable standard prior to occupation of the first dwelling on site and shall be fully completed and surfaces finished to the satisfaction of the Council as Planning and Roads Authority prior to the last dwelling hereby approved is occupied. Details of the proposed traffic calming along Brocketsbrae Road shall be submitted prior to development starting on site. Reason: In the interests of traffic and public safety. 14. That prior to development starting on site the developer shall submit a site development traffic management plan. This will provide details on construction vehicles and staff parking, compound facilities, construction/delivery routes, wheel wash facilities and road sweeping plans etc. Reason: To ensure adequate traffic management and road cleaning arrangements are put in place to minimise disturbance to neighbouring properties and in the interest of traffic and public safety. 15. The housing developer shall ensure that (prior to the development becoming occupied) the neighbourhood noise levels primarily from road traffic comply with the following:- Part 1 The internal noise levels shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) The internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAeq,16hr of 40dB daytime (07:00 - 23:00) b) The internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAeq,8hr of 30dB night-time (23:00 - 07:00) c) The internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAmax of 45dB night-time (23:00 - 07:00) d) The external levels shall not exceed an LAeq,16hr of 55dB daytime in any garden amenity areas, when measured free-field Part 2 The Internal Noise Rating Values, within the residential property shall not exceed:- o NR25 between 23.00hrs and 08.00hrs o NR35 between 08.00hrs and 23.00hrs 78
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Reason: to ensure the noise levels within the new dwellings are at an acceptable level to protect residential amenity. 16. A bund/barrier consistent with that shown on approved plan MH-H-02-SL-01J site plan as proposed within the context of document R21.10917/1/Let3 as it amends Assessment (NIA) report (Reference: R21.10917-1-IK) shall be constructed and thereafter maintained. The details of the construction, surface density of materials and final positioning shall be submitted to and approved by the Planning Authority. In addition, the submitted details shall include the planned maintenance of the bund and fencing for the lifetime of the development. Reason: To ensure the noise bund and fence are constructed to and maintained to an acceptable level for the lifetime of the dwellings hereby approved by this consent. 17. That within each dwelling hereby approved, a dedicated external area shall be provided capable of meeting the WHO community noise guidance level of an LAeq,16hr of 55dB daytime in the garden amenity areas. This may include the inclusion of localised screening such as a garden structure etc providing an acoustic shadow capable of providing the additional insertion loss as required. The final details shall be submitted to and approved by the Planning Authority. This shall include the provisions within R21.10917/1/Let3 as it amends Assessment (NIA) report (Reference: R21.10917-1-IK). Reason: to ensure each dwelling has some private garden area with acceptable levels of amenity in relation to background noise. 18. For those more exposed facades within the development requiring a closed window scheme to meet BS 8233:2014 Guidance on sound insulation and noise reduction, the final glazing and ventilation specification and proposed combined sound reduction shall be submitted to and approved by the Planning Authority. It shall also be demonstrated that the optimal reduction with windows partially open has been installed with cognisance to NANR116: 'Open/Closed Window Research' Sound insulation through ventilated domestic Windows as prepared by Napier University. This may require modified windows and openable areas on exposed facades. This shall include the provisions within R21.10917/1/Let 3 as it amends Assessment (NIA) report (Reference: R21.10917-1-IK). Reason: to ensure adequate levels of amenity are achieved for each dwelling on the site. 19. Details of facilities for the storage of refuse within the proposed development, including the design, location and access for uplift, shall be submitted to and approved in writing by the Council as Planning Authority. No dwellings shall be occupied until the facilities for the storage of waste have been provided within the proposed development, in accordance with the approved scheme. Reason: To ensure adequate provision is made within the development for the storage and collection of residential waste. 20. 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. 79
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Reason: To minimise the risk of nuisance from dust to nearby occupants. 21. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (or any such order revoking or re-enacting that order), no fencing or walls shall be erected within the front garden areas of the dwellings fronting onto Brocketsbrae Road (plots 1 to 11); without the submission of a further planning application to the Council as Planning Authority. Reason: To ensure that the Council retains effective control over future development of boundary treatments onto the public road to retain the character of the streetscape. 22. 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. 23. That, unless otherwise agreed in writing and prior to works commencing on site, the applicant shall submit details to demonstrate each dwelling has access to their own electric vehicle charging (EVC) point. Where parking is provided within a shared courtyard, details shall also include arrangements for siting of charging posts taking account of parking bays/boundary features/pedestrian movement along with maintenance arrangements all for the written approval of the Council as Roads Authority. Thereafter, the agreed EVC provision shall be installed, commissioned, and maintained in accordance with the approved plans and specifications prior to that property which it serves being occupied. Reason: To ensure the provision of appropriate facilities on site. 24. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 12 Reason for Decision 12.1. The proposal would 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 the National Planning Framework 4 and Policies 2, 3, 5, 15, 16, SDCC2, SDCC3 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0529 | Erection of 25 dwellinghouses, associated access road, noise bund with fence, suds pond, open space and landscaping (variation to P/19/1802 as approved including layout, siting and design and a reduction in house plots) | Land 85M South Of 51 Brocketsbrae Road Brocketsbrae Road Lesmahagow ML11 9PT 80
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Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 81
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Addendum Specifying Heads of Terms in relation to an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997. Planning Application No. P/24/0529 Development Description Erection of 25 dwellinghouses, associated access road, noise bund with fence, suds pond, open space and landscaping (variation to P/19/1802 as approved including layout, siting and design and a reduction in house plots) Site Address Land 85M South of 51 Brocketsbrae Road Brocketsbrae Road Lesmahagow Applicant Modern Housing Limited Date of Committee 5 November 2024 Type of obligation Section 75 Obligations Resource Summary of Required Contributions Community Contributions towards upgrade of McKirdy football pitch to 3G as well as McKirdy Play Park. Education Contributions towards education requirements at the following schools:- St Johns Primary Blackwood Holy Cross High Nursery provision in the local area Housing Commuted sum for the provision of housing in the Clydesdale Housing Area Roads All necessary roads and transportation improvements required as a result of this proposal will be carried out by the developer. 82
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0549 Proposal: Section 42 application for deletion of condition 2 of planning consent CL/12/0104 which restricts the occupation of the consented house to a person solely or mainly employed by the on-site equestrian business Site Address: Crossbank Livery Centre, Blair Road, Crossford, Carluke, ML8 5QN Applicant: S and K Foster Agent: Clyde Deveron Annan Land Services Ward: 1 Clydesdale West Application Type: Modification, Variation or Removal of Planning Conditions Advert Type: Non-notification of Neighbours: Carluke Gazette 19 June 2024 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: No Direction to Scottish Ministers No 9 85
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1. Reason for Report 1.1. This application is being presented to the Planning Committee for determination 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 planning application relates to a site within the designated rural area, which is situated to the south west of the settlement of Crossford. The site includes a detached dwellinghouse, arena area with floodlighting, stables, outbuildings and a parking area. 2.2. The site is enclosed to the north by a paddock area and to the east by a grassed area and further by Crossbank Farmhouse. The site is bound to the south by a vehicular access to Crossbank Farmhouse. In addition, the site is bound to the west by Blair Road and further by agricultural land. 3. Description of Proposed Development 3.1. This proposal relates to a Section 42 application for the deletion of condition 2 of planning consent CL/12/0104. 3.2. Planning consent was granted on 22 June 2012 for the ‘erection of dwellinghouse and domestic garage together with additional stables and the formation of a floodlit equestrian riding arena’ (CL/12/0104) at Crossbank Livery Centre, Blair Road, Crossford. Condition 2 of consent CL/12/0104 states:- ‘That the occupation of the dwellinghouse authorised by this permission shall be limited to a person solely or mainly employed or last employed (or their widow or dependants) in the equestrian business on site, and the house shall not be sold or leased separately from the equestrian business on site to the satisfaction of the Council as Planning Authority.’ 3.3. The proposal seeks to delete condition 2 of planning consent CL/12/0104 to remove the restriction on the occupation of the existing dwellinghouse in relation to the equestrian business. The applicant has submitted a supporting statement which identifies that when the equine centre and dwellinghouse were granted planning consent, the economic outlook for this business was positive. However, their submission states that a number of factors including covid-19 lockdowns and increased energy, food and maintenance costs have had an adverse impact on the equine business at the site. In addition, the applicant has provided some limited financial information from 2019 to the Planning Service in relation to the livery business. The applicant has advised that they are seeking the removal of the association of the equestrian business from the dwellinghouse to allow for a hobby type arrangement to exist. 4. Relevant Planning History 4.1. Planning consent was granted on 28 August 2007 for the ‘erection of livery stables and formation of equestrian riding arena and associated car park with temporary siting of residential caravan’ (CL/07/0123) at the site. Following the grant of consent, the applicant resided on site in a temporary caravan to manage the equestrian business. A further application CL/12/0104, which was supported by a detailed business plan, was submitted to the Planning Service. Subsequently, consent was granted for a dwelling to replace the temporary caravan on the site and the expansion of the equestrian facilities. 86
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4.2. Planning consent was granted on 24 November 2020 for the ‘erection of agricultural shed’ (P/20/1247) at the site. 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- A Supporting Statement Financial Information 6. Consultations 6.1. There were no consultations undertaken in relation to the application. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, there have been no letters of representation 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 the 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 17 - Rural Homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 4 - Green Belt and Rural Area Policy GBR10 - Accommodation Associated with an Existing or Proposed Rural Business 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Introduction Permission is sought for the deletion of condition 2 of planning consent CL/12/0104 to remove the restriction on the occupation of the consented dwellinghouse to a person solely or mainly employed by the on-site equestrian business at Crossbank Livery Centre, Blair Road, Crossford. The determining issues in the consideration of this application are its compliance with national policy and local development plan policy. 87
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10.2. Principle of the Proposal The application site is situated within the rural area and whilst the proposal relates to an existing dwelling tied to an on-site equestrian business, the proposal requires to be assessed as a stand alone residential dwelling not associated with a rural business. The proposal is affected by Policy 17 ‘Rural Homes’ of NPF4 which establishes various acceptability criteria for rural homes. Policy 17 (a) states that development proposals for new homes in rural areas will be supported where the development is suitably scaled, sited and designed to be in keeping with the character of the area and the development:- i) is on a site allocated for housing within the LDP. ii) reuses brownfield land where a return to a natural state has not or will not happen without intervention; iii) reuses a redundant or unused building; iv) is an appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; v) is demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work; vi) is for a single home for the retirement succession of a viable farm holding; vii) is for the subdivision of an existing residential dwelling; the scale of which is in keeping with the character and infrastructure provision in the area; or viii) reinstates a former dwelling house or is a one-for-one replacement of an existing permanent house. 10.3. The house and associated equestrian facility are existing. Therefore, it is necessary to consider the impact if the occupancy restriction was removed. Following assessment, it is considered that the proposal to delete condition 2 does not relate to an allocated housing site (criteria i), would not result in the re-use of a brownfield site where a return to the natural state has not or will not happen (criteria ii) and would not result in the re-use of an existing building (criteria iii). In addition, the application does not relate to a historic environment asset (criteria iv). 10.4. The proposed deletion of the equestrian occupancy condition would effectively allow the existing dwelling to be leased or sold on the open market separate from the established equestrian business, which includes stables, floodlit arena and associated outbuildings. Therefore, it is considered that the proposal does not accord with criteria v of Policy 17(a) as the dwellignhouse, without an equestrian tie, would not be considered necessary to support the existing rural business and would not provide accommodation for a worker to live permanently at or near their place of work. The proposal does not meet criteria vi, relating to succession planning, does not relate to the sub-division of a dwelling (criteria vii) or the reinstatement of a former dwelling or a one to one replacement (criteria viii). 10.5. The proposed removal of the occupancy condition does not accord with any of the provisions of Policy 17 and specifically Part a (v). Therefore, the proposal fails to meet all relevant requirements and criteria of Policy 17 of NPF4 and is subsequently considered to be contrary to the provisions of this policy. 10.6. Policy 18 ‘Infrastructure First’ of NPF4 states that planning conditions should only be imposed where they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other aspects. It is considered that planning condition 2 of consent CL/12/0104 still meets all the terms of these tests. 88
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10.7. In terms of Local Plan policy, the site is situated in the designated rural area. Policy 4 of the adopted Local Development Plan establishes that the rural area functions primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. Development which does not require a countryside location is expected to be accommodated within the settlements identified on the proposals map and isolated and sporadic development will not be supported. Without the equestrian tying condition, the dwellinghouse does not require a countryside location as there is no need for any residents to have a connection to the livery business. Subsequently, the removal of condition 2 would result in a stand alone dwellinghouse which would be considered to be isolated and sporadic residential development in the rural area, contrary to the provisions of Policy 4 of the adopted South Lanarkshire Local Development Plan 2. 10.8. Proposals for a new dwelling associated with a rural business are required to meet all the criteria identified in Policy GBR10 of the adopted Local Development Plan. Policy GBRA10 part B(2) states in relation to dwellings associated with established businesses that, if the proposed dwellinghouse is located in an isolated position and the business use is the only justification for this siting, an occupancy condition will normally be attached to any permission granted. The justification for the new dwellinghouse approved under the terms of consent CL/12/0104 was inextricably linked to the expansion of the equestrian business at the site. 10.9. Therefore, the removal of this condition would result in the proposal failing to meet all the relevant requirements and criteria of Policy GBR10 of the adopted South Lanarkshire Local Development Plan. In addition, if the equestrian business was to be sold off separately from the dwellinghouse, an argument could be put forward in the future that it still requires on site accommodation to function. 10.10. Conclusion The Section 42 application to delete condition 2 of planning consent CL/12/0104 fails to accord with the provisions of the Development Plan. The application does not accord with the provisions of Policy 17 of National Planning Framework 4 and Policies 4 and GBR10 of the adopted South Lanarkshire Local Development Plan 2 and there are no material considerations which would outweigh this variance with the Development Plan. In view of this, it is therefore recommended that the application should be refused. 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 adopted South Lanarkshire Local Development Plan 2 as it would constitute an isolated form of development within the rural area without appropriate justification. 02. The proposal does not accord with the criteria identified in Policy GBRA10 'Accommodation Associated with an Existing or Proposed Rural Business' of the adopted Local Development Plan 2. The only justification provided for the siting of the dwelling in an isolated rural location (under the terms of consent CL/12/0104) was to support the operational and functional use of the equestrian business and therefore the removal of the occupancy condition would result in development contrary to the provisions of Policy GBRA10 of the adopted South Lanarkshire Local Development Plan 2. 89
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03. The removal of the equestrian occupancy condition for the approved dwellinghouse in the rural area would result in development contrary to the provisions of Policy 17 of NPF4. In particular, the proposal would not accord with sections (v) of Policy 17 (part a), in that there is no essential need for a worker to live permanently at or near their place of work. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0549 | Section 42 application for deletion of condition 2 of planning consent CL/12/0104 which restricts the occupation of the consented house to a person solely or mainly employed by the on-site equestrian business. | Crossbank Livery Centre Blair Road Crossford Carluke ML8 5QN 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 90
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0598 Proposal: Formation of house plot (Planning Permission in Principle) Site Address: Plot of Land at Carnwath Mill Farmhouse Spittal Road Carnwath Lanark ML11 8LY Applicant: Mr and Mrs Madden Agent: AFH Consulting and Engineering Ltd Ward: 03 Clydesdale East Application Type: Planning Permission in Principle 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 10 93
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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 (0.04 hectares) relates to enclosed agricultural land and an access track with associated grass verges. The access track serves as the vehicular access to Lint Mill Farm and a B&B to the south. The enclosed agricultural land has reverted to a semi-natural state, comprising meadow grassland with some self-seeded trees. This enclosure is bounded by willow trees on neighbouring land to the north and west. To the east is a stone wall fronting Spittal Road, a public adopted minor road. To the south, the boundary is defined by a stob and wire fence, adjoining the aforesaid access track to Lint Mill Farm. 2.2. In the wider context, the site is bounded to the north by an access track and beyond by a group of buildings and dwellings (comprising mainly conversions of the original farm buildings) centred around Carnwath Mill. To the west, east and south the surrounding land use is predominantly used for agriculture. 3. Description of Proposed Development 3.1. The applicant seeks Planning Permission in Principle for a dwelling. Indicative plans have been submitted showing a single and two storey detached dwelling containing 4/5 bedrooms. It is proposed that the existing access track to Lint Mill would also be used to access the house plot. 4. Relevant Planning History 4.1. There is no relevant planning history for the application site. 5. Supporting Information 5.1. In support of the planning application, the following information has been submitted:- Access/Design Statement Supporting Statement 6. Consultations 6.1. West of Scotland Archaeology Service - No objection subject to the implementation of an archaeological watching brief. Response: Noted. 6.2. Roads Development Management – No objection subject to conditions covering: visibility; hard surfacing; access width; reprofiling the access so that the gradient over the first 12 metres does not exceed 5%; parking provision; road widening to facilitate a service bay for refuse vehicles and; bin storage. Response: To achieve the required visibility to the east, a tree within the control of the applicant is required to be removed. Reprofiling to achieve an acceptable gradient is likely to impact the full length of the access and cause temporary disruption for the owners of Lint Mill to the south who use the track to access their property. 6.3. Environmental Services – No objection subject to advisory notes on construction noise, nuisance and pest control. Response: Noted. 94
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6.4. Scottish Water – There is sufficient capacity at the Coulter Water Treatment Works, however, they are unable to currently confirm capacity at the Kaimend Waste Water Treatment Works. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement for non- notification of neighbours and development contrary to the Local Plan in the local press, a total of 5 objections and 15 support (14 of these support representations are from individuals who do not live close to or within the vicinity of the application site) have been received. The issues raised are summarised as follows:- Objections:- Amenity The plot of land is separate from Carnwath Mill Farmhouse and adjoining land The proposed site is agricultural land in a rural location There has been no development on the south side of Spittal Road to the west of Carnwath Mill Farmhouse and steadings. Any further development would spoil the character of this rural community rather than enhance it The proposed development does not respect the existing development pattern Roads Related Matters The development would significantly interfere with the right of access to Lint Mill, an established B&B and certified organic farm The visibility splay coming out of the access track is not good, especially to the west where there is a corner a few yards to the top of the track There are no passing places on the road adding to traffic difficulties Parking provision has not been shown on the indicative plan Other Matters Raised The owners are neither farmers nor retired farmers On one side of the site is an open water course which carries water from a significant number of fields The site is subject of localised flooding The proposal would negatively affect a nearby B&B and organic farm business Impact on Natural and Historic Environment Will damage biodiversity and result in the loss of greenfield land 7.2. Other non-material planning comments were included in representations. These points relate to:- There is a servitude right of access which is not shared with other properties The access is separated by a legally maintained fence 7.3. Support:- Economy The use of natural slate and naturally sourced stone helps maintain traditional specialist skill sets It would allow the opportunity for young families to move into the area where they would contribute to the local economy as there are many opportunities for local employment without the need for long commutes It would bring work into the area for window cleaners, mower care etc 95
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Amenity Due to the good selection of materials, it is sympathetic to the visual amenity of the existing street The proposal appears to align with the architectural style of existing dwellings in the Carnwath Mill area Other Matters Raised Note there is a lack of affordable houses within the rural community The existing access makes for a simple non disruptive entrance to the plot Contributes to Community Wealth building as endorsed by NPF4 Helps halt population decline Spittal Road has between 15 and 20 individual plots of a similar nature dotted in individual plots along the road. This planning application is identical to those and should be treated similarly An extra home would not have any detrimental effect on road safety 7.4. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 – Biodiversity Policy 14 - Design, quality and place Policy 15 – Local living and 20 minute neighbourhoods Policy 16 – Quality homes Policy 17 – Rural homes 8.3. South Lanarkshire Local Development Plan 2 (2021) 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 GBRA1 - Rural Design and Development Policy GBRA8 – Development of Gap Sites Policy GBRA9 – Consolidation of Existing Building Groups 96
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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 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. 10.2. 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. 10.3. 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. 10.4. NPF4 Policy 17 Rural homes aims to encourage, promote and facilitate the delivery of high quality, affordable homes in the right location. The policy advises that NPF4 does not support new housing in the accessible rural area unless: the site is allocated for housing in the Local Plan; involves conversion of existing buildings; supports a viable rural business; is for a retired farmer; or, is for a one to one replacement of an existing house; sub-division of an existing dwelling or; is an appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets. 10.5. One of the main aims of this policy is to protect greenfield land from unnecessary, random and isolated development. This proposal meets none of the policy criteria as described. The applicants live at Carnwath Mill Farmhouse and the justification presented for the proposal is that the money accrued from the sale of the proposed plot could help in the maintenance of the farmhouse, or they could move into a new house on the site once they retire, as they want to continue living in the area and could sell the farmhouse to someone with the means to maintain it. The applicants are not farmers or retired farmers. Carnwath Mill Farmhouse is not a designated Listed Building and appears in reasonable condition. No structural report has been submitted demonstrating that the building is in a poor state of repair. 10.6. It is claimed that the enclosed field is too small to support a viable agricultural enterprise and that in such circumstances a house would be a reasonable alternative land use for the site. Such justification for a departure from the development plan is both unreasonable and unsustainable. If left in its current state, the site would continue to regenerate naturally and as such the proposal is contrary to the provisions of NPF4 Policy 17. 10.7. NPF4 Policy 16 – Quality homes seeks to encourage, promote and facilitate the delivery of high quality homes, in the right locations. It advises that development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances, where there is an agreed timescale for build-out, 97
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where they are consistent with the spatial strategy and local living and in rural locations must be consistent with the policy on rural homes. In this case the proposal contravenes policy criteria above for rural homes, therefore, does not accord with NPF4 Policy 16. 10.8. Consequently, it is considered that the proposal fails to demonstrate compliance with Policies 4, GBRA8, GBRA9 of the SLLDP2 or Policies 16 or 17 of NPF4 and cannot therefore be supported. 10.9. Climate Change NFP4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. 10.10. 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 through condition if the proposal was considered suitable in principle. Overall, the proposal would not compromise the objectives of NPF4 Policies 1 and Policy 2 and SLLDP2 Policy 2. 10.11. Layout, Siting and Design Policy 14 – Design, Quality and Place of NPF4 advises that proposals will be supported where they are consistent with the 6 qualities of successful places. It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. 10.12. The proposed development of a new dwelling in the rural area, contrary to policies designed to preserve that rural area from housing in inappropriate locations and promote compact urban growth, is not considered to be characteristic of a liveable place and, as such, is contrary to Policy 14 of NPF4. 10.13. NPF4 Policy 15 – Local Living 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 options. 10.14. The site is located 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 primarily be dependent on car use. Encouraging new homes within the designated rural area, leads to sprawled out, unconnected residential areas lacking facilities and services that this policy is designed to avoid. The development would run directly contrary to the policy intent, namely, to create connected and compact settlements and mixed-use neighbourhoods. As such, the proposal is not considered compatible with the intent of NPF4 Policy 15. 10.15. Given that the principle of development is not considered to be acceptable in this location, the design of the proposed dwelling in terms of Policies 5 ‘Development Management and Place Making’ and GBRA1 ‘Rural Design and Development’ of SLLDP2 is not considered to be a determining factor in the assessment of this application. Notwithstanding, it should be noted that the indicative plans for single and two storey dwellings are suburban in appearance, contrary to the Rural Design Guide and inappropriate to a rural area. It is not considered that the proposal would contribute to affordable housing. A private 4 or 5 bedroom detached dwelling in an isolated rural location could not be described as affordable under the normal definition of the term. Reference has been made to the use of locally sourced materials for the 98
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house. However, the source of such materials has not been specified and in any case use of such materials could not justify significant departure from the development plan. 10.16. Although the Roads Service have no objections to the proposal, they would require several conditions, including road widening, to facilitate a service bay and regrading of the access road to reduce the gradient. Whilst not a relevant planning matter, the owners of Lint Mill who have a legal right of servitude over the access track, have indicated that they would not agree through legal process to any changes to the current access arrangements. 10.17. Natural and Historic Environment NPF4 Policy 3 Biodiversity under part (c) details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. The Development with Nature Guidance is pertinent in this case. The guidance encourages a mitigation hierarchy to be applied – avoid, minimise, restore, and offset to achieve a net positive biodiversity impact. 10.18. The proposal would result in the removal of a semi-natural habitat and a tree would have to be removed to facilitate the visibility splay. The required provision of a service bay would impact the front boundary wall. Excluding the access track and associated verges, the site is much smaller than implied, therefore opportunities for compensatory planting are limited and no suggestion on how biodiversity enhancement can be achieved has been referred to in the Access/Design Statement or indicated on the proposed site plan. 10.19. Conclusion There is no essential reason, justification or locational need for the development of a dwellinghouse at this location in the rural area. The site is an isolated greenfield site separated by intervening land from the building group to the north. In summary, the proposed development fails to adhere to the provisions of the development plan, with specific regard to Policies 14, 15, 16 and 17 of NPF4 (adopted 2023) and Policies 4, GBRA8 and GBRA9 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. In view of this, it is recommended that the application is refused planning permission. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse planning permission for the following reasons:- 01. The proposal 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 proposed residential dwelling on the site would be contrary to Policy GBRA8 (Development of Gap Sites) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification. The site is not closely bounded on two sides by existing buildings. 99
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03. The proposed residential dwelling on the site would be contrary to Policy GBRA9 (Consolidation of Existing Building Groups) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification. The proposal would extend the building group beyond the existing boundary of the group into greenfield/agricultural land. 04. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4 as new homes in rural areas are not supported in unsuitable locations. The proposed location for the new dwellings does not meet any of the criteria to be considered suitable and, as such, cannot be supported. 05. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 as the proposal is not consistent with the policy on rural homes. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0598 | Formation of house plot (Planning Permission in Principle) | Plot Of Land At Carnwath Mill Farmhouse Spittal Road Carnwath Lanark ML11 8LY 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 100
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0644 Proposal: Erection of dwellinghouse Site Address: Gillfoot Nursery Crossford Carluke ML8 5PY Applicant: Mr Willam Gordon Agent: Wilson Architects (Scotland) Ltd Ward: 01 – Clydesdale West Application Type: Full Planning Permission Advert Type: Non-Notification of Neighbours: Carluke Gazette 14 June 2024 Development Plan Compliance: No Departures: Yes Recommendation: Grant (subject to conditions) Legal Agreement: N/A Direction to Scottish Ministers N/A 11 103
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1. Reason for Report 1.1. This 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 site extends to approximately 0.34 hectares and relates to a former commercial nursery which now accommodates a small residential development. The site is located in the green belt north of the River Clyde as it passes Crossford. The site sits at the end of a private access serving 4 properties. The surroundings are characterised by fields, woodlands, and rural homes. 3. Description of Proposed Development 3.1. The proposed development seeks consent for a 2-storey detached dwellinghouse, that would face north towards the access and existing neighbouring houses. A driveway with space for 3 cars would be formed in front of the house. A SUDS is proposed and private drainage which would include a biodisc with outflow to a soakaway. 4. Relevant Planning History 4.1. There is an extant consent for a dwellinghouse on the site:- P/21/1476 – Detailed Planning Application – Granted Erection of detached dwellinghouse 4.2. The site was once part of Gillfoot Nursery where the following consents were granted:- CL/17/0485 – Planning Permission in Principle – Granted Demolition of disused glasshouses and erection of dwellinghouse CL/17/0485 – Detailed Planning Application – Granted Formation of 3 house plots P/18/1272 – Detailed Planning Application – Granted Erection of 3 dwellinghouses P/19/0723 – Detailed Planning Application – Granted Erection of 3 no detached dwellinghouses, associated groundworks and formation of associated vehicular access 5. Supporting Information 5.1. A design and access statement accompanied the application. 6. Consultations 6.1. Roads Development Management – No adverse comments or objections subject to conditions. Response: Noted. 6.2. Scottish Water – Sufficient water capacity but no public wastewater infrastructure. Response: Noted. 6.3. West of Scotland Archaeological Service – No adverse comments or objections subject to conditions. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 17 representations have been received (16 objections, 1 support). The issues raised are summarised as follows:- 104
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Principle of Development Not NPF4 compliant Previous consent does not merit a new approval Would create a gap site Layout, Siting and Design Scale is out of proportion compared to neighbouring properties Scale is out of proportion with green belt setting Height is too great relative to surrounding buildings, trees and landscape features Design not in-keeping with countryside Visual impact on wider Clyde Valley Overdevelopment Amenity Overlooking Loss of privacy Fences around existing houses are limited to post-and-wire Natural Environment Trees Felling has already occurred Further felling may occur Woodland should be protected Landscaping Lack of landscaping Orchard no longer proposed Design impact on Clyde Valley landscape 7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crisis Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 8 - Green belts Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 22 - Flood risk and water management 105
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8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy SDCC3 - Sustainable Drainage Systems Policy GBRA1 - Rural Design and Development Policy DM15 - Water Supply Policy DM16 - Foul Drainage and Sewerage 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 Detailed planning permission is sought for the erection of a dwellinghouse at Gillfoot Nursery. The determining issues in the consideration of this application are its compliance with national policy, local development plan policy, and its impact on the green belt and surrounding area. Principle of Development 10.2. Policy 8 of NPF4 and Policy 4 of the SLLDP2 relate to development within the designated green belt. These policies state that the purpose of the green belt is to: direct development to appropriate locations; increase urban density and prevent unsustainable growth; protect and enhance the character and landscape setting of settlements; and to support and manage nature networks to help manage climate change. 10.3. Policy 8 of NPF4 lists the acceptable situations for development in the green belt in part (i) and necessary requirements in part (ii). At least one point from part (i) and all points of part (ii) must be met. No acceptable situation under part (i) is presented and the proposal is considered to fail two of the five requirements of part (ii). Specifically, that a green belt location is essential; and that the purpose of the greenbelt at that location is not undermined. The supporting information does not address these requirements. 10.4. Policy 8 of NPF4 supports the one-for one replacement of existing permanent homes. There is an extant permission for the erection of a house on the site, however, as the house has not been built, there is no permanent home. Furthermore, there is no specific requirement for a house in the green belt and the proposed house could be located on an appropriate alternative site within a defined settlement. As such, the proposal is contrary to Policy 8 of NPF4. 106
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10.5. Notwithstanding the above, it is considered that consent for a dwelling on this site exists and the current proposal only seeks to amend the design of the house. It is, therefore, considered that this application could be approved as a departure from the development plan in recognition of the extant consent. Layout, Siting and Design 10.6. Policy 14 of NPF4 and Policies 4, 5, and GBRA1 of the SLLDP2 relate to liveable places, placemaking, and the quality of the design of a development. Policy 14 of NPF4 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policies 4, 5, and GBRA1 set out that all development in the rural area should take account of, and be integrated with, the local context and built form and not have an adverse impact on the amenity of the countryside or surrounding properties. 10.7. The scale of the proposed house is notably larger and the design more contemporary than the existing surrounding houses. However, the site is large and whilst it will form part of a hamlet, the separation from the neighbours is generous at 57m from the house to the nearest neighbouring curtilage. Consequently, the proposed house is not considered over development of the plot. 10.8. In terms of amenity impact, the siting and layout are appropriate to ensure that no residential neighbours are adversely affected by overshadowing or overlooking. Representations raised concern about overlooking, particularly from the 2-storey glazed gable ends. However, the separation of windows from neighbouring curtilages at 57m and neighbouring windows at 80m far exceed the minimum standards set out in the Council’s Residential Design Guide of 10m and 18m respectively. Sustainability and Natural Environment 10.9. Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. Policy 3 of NPF4 outlines that local developments should conserve, restore, and enhance the biodiversity value of a site. 10.10. Limited details have been provided in these regards although there is sufficient scope within the site for biodiversity enhancements which have been requested by condition. An EV charging point will also be required by condition. Furthermore, the Council has other mechanisms to promote sustainable development such as through the Building Standards Service which include requirements for low-carbon energy and/or heating technologies. Consequently, the application is not considered contentious in terms of these policies. 10.11. Policy 13 of NPF4 promotes sustainable transport and aims to facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. As a site within the green belt that is over 1 mile from the nearest settlement or public transport stop, the development would be reliant on unsustainable means of travel. However, as set out above, the application is recommended for approval as a departure from the development plan due to the existing consent. 10.12. Representations raised concerns over the loss of trees which has occurred on the site and the wider land ownership and that an orchard shown in the plans of the previously consented house is no longer proposed. There is no tree preservation order or other statutory designations on the site. No trees were present on the application site when it was visited shortly after the submission of this application. Consequently, any tree 107
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felling that occurred is not within the remit of the Council to control. The formerly proposed orchard never formed part of the application site and was proposed by the applicant at the time in good faith for the loss of the previous orchard at Gillfoot Nursery. In any case, landscaping and biodiversity enhancements will be secured by planning conditions which is likely to include an element of new tree planting. Technical Matters 10.13. 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 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 house and access road. A SUDS is proposed via attenuation tank and soakaway which would be acceptable for the scale of development. 10.14. Policies DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and wastewater services. The application proposed connection to the public water supply. Private treatment is proposed for wastewater as a biodisc sewage treatment system with outflow to soakaway. Conclusion 10.15. In conclusion, the proposal seeks planning permission for the erection of a house in the green belt. While the application fails to demonstrate compliance with the policy considerations of the green belt, it is recommended that on balance the application be granted as a departure due to the existing planning consent for a dwellinghouse at this location and in the interest of the integrity of the continued redevelopment of the former glasshouses at Gillfoot Nursery. Furthermore, it is considered that the design and technical consideration of the proposal comply with the considerations of the development plan. 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 development commences, details of measures which would enhance the biodiversity value of the site shall be submitted to and approved in writing by the Council as Planning Authority. The agreed details shall be implemented before the development is completed or brought into use, or during the first planting season following completion where relevant. Reason: To ensure that the biodiversity value of the site is enhanced. 03. That before any development commences, 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; 108
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(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 including the removal of building materials and the de-compacting of the ground due to recent construction activity in the areas to be replanted/landscaped; (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. 04. 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. Reason: In the interests of the visual amenity of the area. 05. That 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: In order to safeguard any archaeological items of interest or finds. 06. That before the dwellinghouse hereby approved is completed or brought into use, an electric vehicle charging point with minimum power output of 7kW shall be installed and made available for use. Reason: To ensure facilities for recharging electric vehicles are available for the use of the residents. 07. That before the development hereby approved is completed or brought into use, 3 no. parking spaces (3m x 6m modules) and a turning area shall be laid out, constructed to the satisfaction of the Council as Roads and Planning Authority. Reason: To ensure the provision of adequate parking and turning facilities within the site. 109
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12. Reason for Decision 12.1. While the site is within the green belt and contrary to Policy 8 of National Planning Framework 4, the site has an extant consent and forms part of a wider redevelopment site. Therefore, it is recommended that the application be granted as a departure due to the existing consent and in the interest of the integrity of the continued redevelopment of the former Gillfoot Nursery. Furthermore, it is considered that the design and technical consideration of the proposal comply with the considerations of the development plan. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0644 | Erection of dwellinghouse | Gillfoot Nursery Crossford Carluke ML8 5PY (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 110
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0729 Proposal: Sub-division of garden ground and erection of 1.5 storey dwellinghouse with associated works Site Address: Little Dripps Cottage Holehouse Highway Thorntonhall G74 5AW Applicant: Mr and Mrs John Friel and Family Agent: Wellwood Leslie Architects Ward: 09 East Kilbride West Application Type: Full Planning Permission Advert Type: Non-notification of neighbours: East Kilbride News 26 June 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 12 113
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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 is located within the designated Green Belt, approximately 1 kilometre south-west of Thorntonhall and 0.9km west of East Kilbride. It comprises of part of the curtilage of Little Dripps Cottage, an existing 1.5 storey dwellinghouse. 2.2. The proposed development site consists of a section of existing garden ground to the south-west of Little Dripps Cottage. This includes the existing vehicular access, which is proposed to be shared with the proposed dwellinghouse, and an area of ground which contains a feature well, garden walls, rubble and other materials. It is understood that the site formally contained an outbuilding/byre, which has long-since been demolished. 2.3. The site is relatively flat and there is mature landscaping to the southern and western boundaries. The existing Little Dripps Cottage is a single relatively substantial 1.5 storey dwellinghouse with an outbuilding. The wider site is surrounded by agricultural fields and is bound to the south by Holehouse Road. 3. Description of Proposed Development 3.1. The proposal seeks to subdivide an area of garden to the front and side of the existing dwellinghouse to form a new house plot. The house plot would be accessed via the existing vehicular access, and the proposal involves the erection of a 1.5 storey dwellinghouse and the formation of three off-street parking spaces. 3.2. The proposed dwellinghouse would contain a large open-plan kitchen/living space on the ground floor, together with a separate lounge, tv room, utility room and bathroom. On the upper floor, three bedrooms are proposed, each with their own dressing room and en-suite. The proposed dwellinghouse would be of a 1.5 storey design intended to reflect the design of the existing adjacent dwelling. The existing property would retain off-street parking spaces, with three spaces proposed to serve the new property. 4. Relevant Planning History 4.1. The applicant previously submitted a planning application for a very similar development earlier in 2024 (P/24/0050) which was subsequently refused due to the lack of justification for a new dwellinghouse at this Green Belt location and concerns regarding the impact upon amenity and non-compliance with the relevant policies of the development plan. This refusal was not appealed, and this subsequent application has now been submitted and is subject to its own assessment. 5. Supporting Information 5.1. The agent submitted a Planning Statement in support of the proposal. The report puts forward the view that the Council was wrong to refuse consent previously (P/24/0050) and it provides additional information and justification for the proposed development. This has been considered as part of the assessment of the application, below. 5.2. A tree survey report was also submitted with details of the conditions of various trees within the site. 114
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6. Consultations 6.1. Roads Development Management – no objection subject to conditions relating to visibility splays, parking on site, surfacing details and gate positions. Response: Noted. These matters could be addressed through conditions if the application was to be approved. 6.2. Environmental Services – no objection subject to conditions regarding dust control and monitoring, and advisory notes relating to construction noise, nuisance, and a note about the role of SEPA. Response: Noted. These matters could be addressed through conditions and advisory notes on the decision notice if the application was to be approved. 6.3. Scottish Water – no objection and they have advised that there is sufficient water capacity in the area but no public wastewater infrastructure which could serve the site. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid representations have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 (2023) 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 8 - Green belts Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 17 - Rural homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking 115
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SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings Policy GBRA9 - Consolidation of Existing Building Groups Policy DM5 - Extended Family Accommodation 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the subdivision of garden ground and the erection of a detached 1.5 storey dwellinghouse with associated works. The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The relevant policies set out above will be assessed in turn alongside any relevant material considerations. 10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- development associated with agriculture, woodlands, and forestry accommodation for an essential worker horticulture outdoor recreation, play and sport, leisure and tourism uses flood risk management proposals essential infrastructure or new cemetery provision mineral operations and renewable energy intensification of established uses, including extensions to an existing building where that is ancillary to the main use the reuse, rehabilitation and conversion of historic environment assets one-for-one replacements of existing permanent homes Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area would also be relevant to this proposal. This states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. SLLDP2 Policy GBRA5 – Redevelopment of Previously Developed Land Containing Buildings is applicable. This policy states that the Council will aim to retain traditional buildings where possible. Where preservation is not an option, proposals for the redevelopment of the site will be acceptable in principle in certain specific circumstances. Significant and demonstratable visual and environmental benefits should result from the demolition of the existing buildings and the redevelopment of the site. In all cases, proposal shall comply with the following criteria:- 116
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New buildings shall generally occupy the same position on the site as those that are to be replaced The physical footprint of the new buildings shall not normally exceed that of the existing buildings in terms of floor area, unless it can be shown that there will not be a detrimental landscape impact or that the cost of rehabilitating the site requires the provision of additional units In exceptional circumstances and within the Rural Area only, new development may extend to the existing physical limit of built development within the site, including any hardstanding areas. However, justification through the submission of a design statement will be required to show why this is necessary The proposed houses shall be of a number, scale and design appropriate to the landscape setting, and to the services and infrastructure available at the location. The new development shall be in keeping with the main features of the landscape and integrate positively with its surroundings The location, siting and design of the new house(s) shall meet existing rural design policy and guidance as set out in Policy GBRA1 and in supporting planning guidance. Generally, the design, appearance and materials of the proposed house(s) shall be complementary to the rural setting of the site and shall respect the character and amenity of the local area. 10.5. The applicant’s submission also argues that the proposal would comply with SLLDP2 Policy GBRA9 – Consolidation of Existing Building Groups. This policy applies to small building groups, consisting of three or more houses or buildings situated in close proximity to each other, and supports new houses within existing building groups where they fully comply with the set criteria. This includes; that the scale and siting of the new development shall reflect and respect the scale, character, cohesiveness, spacing and amenity of the existing group; that the proposal shall not result in ribbon/linear development; development shall not significantly affect the landscape character or setting; private amenity space shall be provided to any new dwelling at a comparable scale to existing properties in the group; and that the location, siting and design shall meet rural design policy as set out in Policy GBRA1. 10.6. No specific locational justification has been provided for the erection of a dwellinghouse at this location within the Green Belt, and it is understood that the proposed house is intended to allow existing residents at this site to remain living locally while family members would live in the existing house on site. There is a desire for the applicants to remain living at the site and to consider future healthcare matters. In policy terms, it is considered that there is no justification for the erection of a new dwellinghouse within the Green Belt at this location. NPF4 Policy 8 provides a list of appropriate Green Belt uses, as outlined above, with limited new-build residential development linked to essential farm workers/key workers, retired farm workers or the one-for-one replacement of existing residential dwellings only. 10.7. Other policies do support the redevelopment of rural brownfield land under certain circumstances, and the principle of the re-use or redevelopment or vacant buildings (NPF4 Policies 9 and 17, SLLDP2 Policy GBRA5), however, the site’s location within the Green Belt is such that it takes precedence and appropriate justification for a new dwellinghouse has not been provided. In addition, whilst there is some evidence of a former outbuilding/byre on the site, it has long since been demolished and insufficient information has been provided as to the size and position of the demolished building(s) and how that would relate to this proposal. It is also noted that the site is well screened from the surrounding area by mature landscaping and the existing application site has no significant detrimental impact upon the amenity or character of the area. The proposal would, therefore, not result in significant and demonstratable visual and environmental benefits in the wider area. 117
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10.8. With regards to the argument made that the proposal would be a consolidation of an existing building group, the site would not comply with SLLDP2 Policy GBRA9 as there is no existing building group of three or more existing houses or buildings which would meet the criteria. The existing area comprises of a single dwellinghouse and outbuilding. In addition, the scale and siting of the proposed new house would not reflect and respect the scale, character and amenity of the existing property and that it would unacceptably prejudice the size of private amenity space afforded to the existing house, as well as failing to provide private amenity space at a comparable scale for the proposed new dwellinghouse. 10.9. The erection of a dwelling at this location would not contribute to local living and, in summary, it is considered that there is no justification in policy terms for a new dwellinghouse at this location within the Green Belt. There are no material considerations which would justify a departure from the development plan at this site to permit the erection of a new dwellinghouse contrary to policy and to do so would risk undermining the purpose of the Green Belt and setting a precedent for other sites. As such, the proposal is considered to be contrary to NPF4 Policies 8, 9, and 15 and with SLLDP2 Policies 4, GBRA5 and GBRA9. 10.10. SLLDP2 Policy DM5 – Extended Family Accommodation supports the formation of separate family accommodation either through the extension of existing dwellings, the conversion of outbuildings or the formation of alterative temporary accommodation such as chalet or lodge style structures where a criterion is met, including detailed justification being provided to demonstrate the need for the development and the form and scale of the proposed accommodation. 10.11. In this instance, no detailed justification has been provided for why a new 3-bedroom property is required at this location, and there are other options for additional habitable accommodation at this site which could be explored before a new structure was required, such as the conversion of an existing outbuilding or an extension to the existing house. The scale and permanence of the proposed dwellinghouse would also fail to comply with this policy. 10.12. Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. Given that there is no justification for a new dwellinghouse in the Green Belt, the dwellinghouse would not be sustainably located and it would lead to additional private car trips with their associated greenhouse gas emissions. This would adversely impact upon the wider climate and the proposal would therefore fail to comply with Policies 1 and 2 of NPF4 or with Policy 2 of SLLDP2. 10.13. Layout, Siting and Design In terms of the design of the proposal, the relevant policies of NPF4 to be considered are Policies 14 – Design, quality and place and 16 – Quality homes. These policies require development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. In terms of their location, new homes will be supported on land allocated for housing in LDPs and in other specified circumstances, including where new homes improve affordability and choice or in limited circumstances where the proposal is otherwise consistent with the spatial strategy and other relevant policies. SLLDP2 Policies 5 - Development Management and Placemaking and GBRA1 – Rural Design and Development state that development proposals should take account of and be integrated within the local 118
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context and built form. New development should also have no significant adverse impacts on the local community. 10.14. The proposed dwellinghouse would be sited forward of the existing front building line, between the house and the public road. This location appears to have been chosen as there is no other large-enough vacant area of garden ground within the applicant’s ownership (as noted on the submitted drawings) to accommodate the proposed development. However, the erection of a new house at this position forward of the existing property would not reflect or respect the character, scale, amenity or setting of the parent dwellinghouse. Whilst the proposed house is of a similar scale and design to the existing property, its location and setting is such that it would not integrate positively with its surroundings. In addition, the proposal would not provide the proposed dwellinghouse with sufficient private amenity space, and it would not provide amenity space comparable with the existing adjacent property. Further, the erection of this dwelling would also prejudice the area and quality of private amenity space afforded to the existing property. Overall, it is considered that the proposal fails to be consistent with the 6 qualities of successful places, that it would have a significant adverse impact upon residential and visual amenity in the area, and upon the character of the area, contrary to Policies 14 and 16 of NPF4 and Policies 5 and GBRA1 of SLLDP2. 10.15. Other Issues The updated Planning Statement submitted by the agent argues that the Council was wrong to refuse the previous application at this site (P/24/0050) and provides additional information and justification including:- (a) That the application is for ancillary accommodation due to the applicants’ medical needs and the desire to ‘age in place’, and not for an independent unit of accommodation. Response: Whilst the desire to remain living on site is noted, insufficient justification has been provided and there is no appropriate justification for the erection of a new 3-bedroom permanent dwellinghouse at this Green Belt location for the reasons noted above. (b) That the dwellinghouse is proposed on brownfield land within the curtilage of the existing house, and it will contribute to the homogeneous cohesive group of buildings already present, and that it is sympathetically designed. Response: These matters have been considered, above, and it is considered that there is insufficient justification for a new dwellinghouse at this Green Belt location, when assessed against the relevant policies of the development plan. (c) The dwellinghouse would incorporate a range of sustainable building technologies and EV charging points. Response: This is noted, but the principle of the development fails to comply with the relevant policies of the development plan and there is no justification for a new dwellinghouse at this location regardless of its sustainable design features. (d) The site is readily accessible via a choice of modes of transport enjoying convenient access to bus and rail services, as well as the road network. Vehicular movements would be minimised with family living on site. Response: It is noted that whilst transport links are available from Thorntonhall and East Kilbride, pedestrian access to these locations is not good with journeys being predominantly along narrow unlit roads with no public footway. Notwithstanding this, the principle of the development of this site fails to comply with the development plan. 119
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(e) Since NPF4 was adopted, the Council has granted permission for a number of dwellings in Green Belt locations including P/22/1583, P/22/1494, HM/17/0472, P/22/0078, P/22/1795 and P/19/1779, all of which are cited as material considerations in support of this application. Response: Each planning application is assessed on its own merits against the development plan as the facts and circumstances of each application are unique. The applications cited all had site-specific considerations that led to their approval under the Development Plan. None of the applications cited would materially affect the assessment of this proposal. 10.16. Conclusion Given the above, it is considered that the proposed development has not been appropriately justified in policy terms with regards to its Green Belt location, and that there is therefore no justification for a new dwellinghouse at this site. The proposal would also have an adverse impact upon the wider amenity of the area, being an unjustified Green Belt development and sited in a manner which does not reflect or respect the existing adjacent dwellinghouse or site layout, and which fails to provide both homes with sufficient private amenity space. The proposal would also be unsustainable in the Green Belt, failing to address climate concerns and generating increased private car trips and their associated greenhouse gasses and emissions. As such, the proposal would not comply with the relevant policies of the adopted development plan (NPF4 and SLLDP2) and it is therefore recommended that planning consent is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as it does not meet the criteria set out in the policy for Green Belt development and, as such, fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal is contrary to Policy 4 of the South Lanarkshire Local Development Plan 2 (2021) as it is not for agricultural, forestry, recreation or other uses generally appropriate to the countryside and it has not been appropriately justified in terms of being development which would require to be located within the Green Belt. 03. The proposal does not meet the requirements of Policy GBRA9 of the South Lanarkshire Local Development Plan 2 (2021) in that there is no existing grouping of buildings consisting of three or more houses or buildings at this location, only the single existing dwellinghouse and outbuilding. The proposal would further fail to comply with Policy GBRA9 as the scale and siting of the proposed new house would not reflect and respect the scale, character and amenity of the existing dwellinghouse. 04. The proposal does not satisfy Policy GBRA5 of the South Lanarkshire Local Development Plan 2 as insufficient information has been provided regarding the size and position of the building(s) that formally occupied the site and they have long-since been demolished. 120
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05. The proposal does not comply with Policy DM5 of the South Lanarkshire Local Development Plan 2 as the proposal is for the erection of a permanent 3 bedroom dwellinghouse of a similar scale to the existing dwellinghouse on site, not for any alternative temporary accommodation, and as the proposal would fail to comply with the criteria set out in this policy due to its lack of appropriate justification, it's size, scale and impact upon amenity. 06. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 (2023) as it does not constitute the delivery of high quality homes in the right locations as set out in the policy criteria. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0729 | Sub-division of garden ground and erection of 1.5 storey dwellinghouse with associated works | Little Dripps Cottage Holehouse Highway Thorntonhall G74 5AW (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 121
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Report Agenda Item Report to: Planning Committee Date of Meeting: 5 November 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0851 Proposal: Erection of 24 affordable apartments for social rent with car parking and associated works Site Address: Carnegie Hill East Kilbride G75 0AE Applicant: Rosewood Homes and Properties Ltd Agent: Crawford Architectural Ward: 7 – East Kilbride Central South Application Type: Full Planning Permission Advert Type: Schedule 2: East Kilbride News 31 July 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 13 123
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under Section 17 (b) of the Council’s Scheme of Delegation as it is being recommended for approval and is the subject of more than five valid letters of representation that express objection about the proposal. 2. Site Description 2.1. The site, which has an area of approximately 0.28 hectares, is located to the west of Carnegie Hill in the Murray area of East Kilbride. The site currently comprises the former Righead United Reformed Church and its adjoining hall. The church ceased to operate from the site in December 2023. 2.2. The site is bounded to the north and north-west by an area of open space, which separates the site from Murrayhill, to the south-west by residential properties within Mungo Park, to the south by the access road through Mungo Park with residential properties located opposite and to the east by the access road through Carnegie Hill with residential properties and a further open space area located opposite. The site is accessed from the east via an existing vehicular access point located on Carnegie Hill. 3. Description of Proposed Development 3.1. Detailed planning consent is sought for the erection of a residential development of 24 flatted dwellings with car parking and associated works. The development would comprise a single block of flatted dwellings over three and four stories with amenity space to include the formation of an amenity roof garden. 3.2. The 24 proposed residential flats would provide accommodation for East Kilbride Housing Association and would include the provision of wheelchair accessible, amenity and general needs homes. Vehicular and pedestrian access to the site would be taken from Carnegie Hill. The existing buildings, which are no longer in use, would be removed from the site to facilitate the development. 3.3. A previous application in respect of the site for erection of 26 flatted dwellings, also on behalf of East Kilbride Housing Association, was submitted for consideration in December 2023 (Planning Ref: P/23/1582). However, due to concerns raised relating to the design and scale of the proposals, the application was withdrawn in July 2024 and, further to discussions with the Planning Service, the current application seeks to resolve the issues raised in respect of the previous submission. 4. Relevant Planning History 4.1. P/19/0514 - Erection of single storey dwellinghouse with associated parking and landscaping (granted August 2019) 4.2. P/23/1582 - Erection of 26 affordable apartments for social rent with car parking and associated works (withdrawn July 2024) 5. Supporting Information 5.1. Preliminary Ecological Assessment Bat Survey Report Drainage Statement Design and Access Statement 124
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6. Consultations 6.1. Environmental Services – No objection subject to conditions relating to environmental matters. Response: Noted. 6.2. Roads, Transportation and Fleet Services (Development Management) – offered no objection subject to conditions relating to access, parking and road safety considerations. Response: Noted. 6.3. Roads, Transportation and Fleet Services (Flood Risk Management) – Offered no objection. Response: Noted. A Drainage Strategy has been submitted in support of the application detailing the proposed arrangements in this case. 6.4. Scottish Water – offered no objection to the proposed development. Response: Noted. 6.5. SP Energy Networks – offered no objection to the proposed development. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 16 objections have been received. The issues raised are summarised as follows:- Overlooking/loss of privacy Noise/disturbance Environmental concerns Impact on public services/utilities Anti-social behaviour Impact on species and habitats Scale, design and appearance Loss of light/overshadowing Parking, road safety and traffic concerns Concerns regarding the accuracy of the plans submitted Other non-material issues were also raised, however, these are not planning related and do not form part of the assessment of the proposal. 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 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 125
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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 assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 11 - Housing Policy 12 - Affordable Housing 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 DM7 - Demolition and Redevelopment for Residential Use Policy NHE9 - Protected Species Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems 9. Guidance 9.1. The South Lanarkshire Council Residential Design Guide (2011). 10. Assessment and Discussion 10.1. Principle of Development The site is identified as a proposed housing site in the South Lanarkshire Local Development Plan 2. As such, the principle of the residential development of the site is acceptable under Policy 11 – Housing of the adopted development plan. Furthermore, as the proposal relates to development on behalf of a Housing Association, the principle of the development is also compliant with Policy 12 – Affordable Housing of the plan. 10.2. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the South Lanarkshire Local Development Plan 2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. In this case the proposed development site is well located, being situated approximately 500 metres from East Kilbride Town Centre. Local retail facilities are also available at Alberta Avenue, approximately 200 metres from the site, while the site is also located close to public transport facilities, with a nearby bus stop located at Murrayhill. As such, this is considered to be a well located site that can be redeveloped in a manner that makes a positive impact in terms of climate change and sustainability considerations and complies with the provisions of Policies 1 and 2 of NPF4 and Policy 2 of the South Lanarkshire Local Development Plan 2. 126
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10.3. Layout, Siting and Design Policies 14 and 15 of NPF4 relate to liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 15 seeks to encourage, promote and facilitate the application of the Place Principle. Policy 16 of NPF4 relates to Quality Homes. The policy supports proposals for new homes on allocated sites for housing in the local development plan. Similarly, Policy 11 – Housing of the adopted South Lanarkshire Local Development Plan 2 supports housing proposals on designated sites, while Policies 5 – Development Management and Placemaking, DM1 – New Development Design and DM7 – Demolition and Redevelopment for Residential Use seek the provision of high quality proposals that do not significantly adversely impact on surrounding amenity. 10.4. In this instance, a flatted residential development of 24 units is proposed to be constructed, comprising a suitable mix of wheelchair accessible, amenity and general needs homes to meet the requirements of East Kilbride Housing Association. A previous submission seeking the provision of 26 flatted dwellings on site was withdrawn due to concerns raised with regard to the proposed design and appearance of the development. In this regard the revised proposals are considered to represent a significant improvement to the previous submission and would be well designed in terms of their scale and appearance. 10.5. Regarding concerns raised by objectors in respect of the design and scale of the proposals, it is noted that the massing of the proposed building has been considerably reduced as part of the revised scheme. There would be no significant issues in this case in terms of overlooking or loss of privacy. Due to the location of the proposed building, to the north-east and north of properties situated on Mungo Park and to the west and north-west of properties on Carnegie Hill, there would be no significant adverse impact on existing properties in terms of sunlight considerations. As such, in terms of layout, siting and design considerations, the development fully complies with the relevant provisions of Policies 14, 15, and 16 of NPF4 as well as Policies 5, 11, DM1 and DM7 of the adopted South Lanarkshire Local Development Plan 2. 10.6. Natural Environment Policy 3 of National Planning Framework 4 relates to biodiversity and seeks to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Policy 14 – Natural and Historic Environment of the adopted local development plan provides similar policy and guidance with regard to natural heritage considerations while Policy NHE9 – Protected Species provides specific policy and guidance relating to species protection as part of proposed developments. In this instance it is noted that the existing buildings that are to be removed could provide a habitat for bats, a protected species. However, an ecological assessment has been submitted in support of the proposed development which has confirmed that, subject to adherence to the recommendations of the report, there should be no adverse impact in this regard as a result of the proposed development. A condition would be attached to any consent issued requiring the recommendations of the report to be adhered to in full as part of the development. In addition, the retention of hedgerows and trees on site and the introduction of roof gardens is to be welcomed. The proposals are therefore considered to be compliant with the relevant provisions of Policy 3 of NPF4 and Policies 14 and NHE9 of the adopted South Lanarkshire Local Development Plan 2. 127
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10.7. Transport Policy 15 of the South Lanarkshire Local Development Plan 2 seeks to ensure that all proposed developments fully account for traffic and travel considerations. In this case, it is noted that the Council’s Roads, Transportation and Fleet Services have confirmed their satisfaction with the proposals subject to conditions relating to parking, access and road safety. On this basis there are not considered to be any significant concerns with regard to parking, road safety or other traffic considerations. As such, the proposals are considered to be fully compliant with the relevant provisions of Policy 15 of the adopted plan. 10.8. Technical Matters Policy 22 of National Planning Framework 4 as well as Policies 16, SDCC2 and SDCC3 of the South Lanarkshire Local Development Plan 2 relate to matters associated with flood risk management and seek to ensure that proposed developments do not pose any significant risk in terms of flood risk considerations. It is noted that a drainage strategy has been submitted as part of the supporting documentation submitted for consideration. It is not considered that there are any specific matters of concern in relation to flood risk in this instance and that detailed design matters in this regard can be dealt with through planning conditions that would be attached to any consent issued. The proposals are therefore considered to fully comply with the relevant provisions of Policy 22 of National Planning Framework 4 and Policies 16, SDCC2 and SDCC3 of the South Lanarkshire Local Development Plan 2. 10.9. With regard to other technical matters, subject to conditions that would be attached to any consent issued there would not be any concerns with regard to waste, noise, dust or other environmental matters. It is further noted that no statutory consultees have raised any concerns with regard to impact on their apparatus resulting from the development proposed. Given that the proposals relate to the provision of housing within a residential area there are no significant concerns relating to anti-social behaviour. It is noted that a concern has been raised by a member of the public relating to the accuracy of the plans submitted, however, the submission has been fully assessed in this regard and there are no concerns with regard to the quality or accuracy of the drawings and other documents submitted in support of the application. 10.10. Conclusion In summary, it is noted that the proposals would provide accommodation for East Kilbride Housing Association and would include the provision of wheelchair accessible, amenity and general needs homes and, as such, are to be welcomed. The principle of the residential development of this site is supported by relevant development plan policies and the site has been allocated for residential development in the adopted local development plan. Given that the proposals would not result in any significant adverse amenity, environmental or safety impacts, it is considered that the proposed development complies with all relevant policies as set out in the Development Plan. 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 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. 128
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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. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That before the development hereby permitted is occupied or brought into use, all the fences or walls for which the permission of the Council as Planning Authority has been obtained under the terms of Condition 2 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. 04. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:- (a) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (b) details and specification of all trees, shrubs, grass mix, etc, including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. Reason: To ensure the appropriate provision of landscaping within the site. 05. 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. 06. 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 onsite and off-site flooding. 07. That the development hereby approved shall be for the use for East Kilbride Housing Association or a similar Registered Social Landlord and shall not be utilised for private rent or sale, unless otherwise agreed in writing with the Council as Planning Authority. 129
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Reason: To ensure that the parking provision as set out meets the requirements of the tenure of the residential accommodation being developed. 08. That before the development hereby approved is completed or brought into use, all of the parking spaces (3m x 5.5m modules) shown on the plans hereby approved shall be laid out and constructed to the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 09. That before the development hereby approved is completed or brought into use, a vehicular visibility splay of 2.5 metres by 43 metres measured from the heel of the footway 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. Reason: In the interests of public safety. 10. That before the development hereby approved is completed or brought into use, a pedestrian visibility splay of 2.4 metres by 2.4 metres measured from the heel of the footway shall be provided on both sides of the vehicular access and everything exceeding 1.05 metres in height above this height shall be removed from the sight line areas. Reason: In the interests of public safety. 11. That before the driveway is completed or brought into use, the surface of the first 4m of driveway shall be so trapped and finished in hardstanding as to restrict surface water or deleterious material from running onto or entering the road. Reason: In the interests of traffic safety and to prevent deleterious material entering the road. 12. That the driveway shall not have a gradient in excess of 1:12.5. Reason: In the interests of traffic and public safety. 13. The aisle width adjacent to the parking shall be a minimum of 6m, unless otherwise agreed in writing with the Council as Roads and Planning Authority. Reason: In the interests of traffic and public safety. 14. A Construction Phase Traffic Management Plan (CPTMP) detailing the key items listed below shall be submitted prior to works commencing for the approval of the Council as Roads and Planning Authority. - Proposed delivery route for HGV traffic and construction vehicles. - Location and specification for wheel wash equipment to prevent mud, detritus and surface water being deposited on the public road and/or the existing public car park. - Arrangement of construction compound(s) and contractor/staff car parking on site to ensure that no vehicles are parked on the public road. - Location and layout of delivery area and turning area within the site to ensure that all construction delivery vehicles can enter and exit site in a forward gear. - Road dilapidation surveys - to be agreed in line with delivery route. 130
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Once approved, all site operations shall be undertaken in accordance with the approved CPTMP. Reason: In the interests of road safety. 15. Details of facilities for the storage of refuse within the proposed development, including the design, location and access for uplift, shall be submitted to and approved in writing by the Council as Planning Authority. No dwellings shall be occupied until the facilities for the storage of waste have been provided within the proposed development, in accordance with the approved scheme. Reason: In the interests of environmental amenity. 16. 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: In the interests of environmental amenity. 17. That the recommendations set out in the ecological assessment submitted in support of the application, prepared by EP Ecology Ltd and dated September 2024, shall be fully adhered to at all times on site to the satisfaction of the Council as Planning Authority. Reason: To ensure that ecological matters are appropriately dealt with at all times on site. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact on amenity and complies with the relevant policies of National Planning Framework 4 (Policies 1, 2, 3, 14, 15, 16 and 22) and the adopted South Lanarkshire Local Development Plan 2 (Policies 2, 5, 11, 12, 14, 15, 16, DM1, DM7, NHE9, SDCC2 and SDCC3) and the South Lanarkshire Council Residential Design Guide. There are no additional material considerations which would justify refusing to grant consent. David Booth Executive Director (Community and Enterprise Resources) Date: 28 October 2024 Background Papers Further information relating to the application can be found online:- P/24/0851 | Erection of 24 affordable apartments for social rent with car parking and associated works | Carnegie Hill East Kilbride G75 0AE (southlanarkshire.gov.uk) 131
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Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 132
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