Agenda Document Pack - Planning Committee - 03/12/2024
South Lanarkshire Council · 3 December 2024
Back to Planning Committee — 3 December 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, 25 November 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, 03 December 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, 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 Minutes of the meeting of the Planning Committee held on 5 November 2024 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Noting 3 Electricity Infrastructure Consents Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 18 4 Planning and the Housing Emergency – Scottish Government Delivery Plan Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 19 - 22 Item(s) for Decision 5 Application P/23/0191 for Erection of 14 Houses with Associated Roads and Landscaping at Land Adjoining St Andrews Drive, Law, Carluke Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 23 - 34 6 Application P/24/0719 for Change of Use of Storage and Distribution Unit (Class 6) to Soft Play Centre (Class 11) and Associated Alterations/Refurbishment Including Extract Flue (Retrospective) at Block 4, Cadzow Industrial Estate, Hamilton Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 35 - 42 7 Application P/24/0970 for Installation of a 20 Megawatt Battery Energy Storage System (BESS) with Associated Infrastructure at Plot 4A, Hurlawcrook Road, East Kilbride Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 43 - 52 8 Application P/24/1020 for Installation of 110 Metre Tall Meteorological Mast for a Temporary Period up to 5 Years at Land 1.9km West of South Shortcleugh Farm, B7040 From Elvanfoot to Leadhills, Elvanfoot, Biggar Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 53 - 60 2
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9 Application P/24/1022 for Installation of 110 Metre Tall Meteorological Mast for a Temporary Period up to 5 Years at Land 1.45km East of Hass, B7040 From Elvanfoot to Leadhills, Leadhills, Biggar Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 61 - 68 10 Application P/24/1049 for Change of Use of Agricultural Farmland to Form an Agricultural Vehicle, Plant and Machinery Sale Yard Including the Erection of 2 Agricultural Sheds and Associated Works (Retrospective) at Stoneside of Dripps Farm, Cartside Highway, Thorntonhall Report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources). (Copy attached) 69 - 78 Urgent Business 11 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Microsoft Teams and in the Council Chamber, Council Offices, Almada Street, Hamilton on 5 November 2024 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Archie Buchanan, Councillor Ross Clark, Councillor Gerry Convery (Depute), Councillor Margaret Cowie, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Cal Johnston-Dempsey, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Julia Marrs (substitute for Councillor Alistair Fulton), Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Alistair Fulton, Councillor Martin Lennon, Councillor David Watson Councillor Also Present: Councillor Allan Falconer 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 K McLeod, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 24 September 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Adopted South Lanarkshire Council Scheme of Delegation A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on the Planning section of the Council’s Scheme of Delegation which had been submitted to the Scottish Ministers for approval. At its meeting on 27 August 2024, the Committee agreed to endorse the proposed revisions 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 Scheme of Delegation was referred to South Lanarkshire Council for its consideration on 11 September 2024 and approved with no further revisions. 2 5
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Subsequently, Scottish Ministers had approved the adoption of the Planning section of the Council’s Scheme of Delegation under Section 43A of The Town and Country Planning (Scotland) Act 1997 on 25 September 2024 and, as such, it would be used to inform the decision-making process on planning and related applications in South Lanarkshire. The Scheme of Delegation had now 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. Following this approval, preparation was now underway to draft a document detailing the planning decision-making procedures, which would support the Planning section of the Scheme of Delegation. This procedure document would be presented to the Planning Committee in due course. The Terms of Reference of the Planning Committee, attached as Appendix 2 to the report, had been updated to reflect the changes to the Scheme of Delegation and had also been approved by South Lanarkshire Council at its meeting held on 11 September 2024. The Committee decided: that it be noted that the Planning section of the Council’s Scheme of Delegation, attached as Appendix 1 to the report, had been approved by Scottish Ministers and subsequently adopted to inform the decision-making process on planning and related applications in South Lanarkshire. [Reference: Minutes of 27 August 2024 (Paragraph 3) and Minutes of South Lanarkshire Council of 11 September 2024 (Paragraph 4)] 4 Planning Appeal Decisions – April 2024 to September 2024 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application appeal decisions issued by the Scottish Government’s Planning and Environmental Appeals Division during the period 1 April to 30 September 2024. The Committee decided: that the decisions issued by the Scottish Government’s Planning and Environmental Appeals Division in relation to South Lanarkshire Council, during the period 1 April to 30 September 2024, be noted. 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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0886 by GPC 676 Limited for the installation of a 40 megawatt battery energy storage system (BESS) facility with associated infrastructure at land 310 metres northeast of Newhouse Farm, Westburn Road, 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/23/0886 by GPC 676 Limited for the installation of a 40 megawatt battery energy storage system (BESS) facility with associated infrastructure at land 310 metres northeast of Newhouse Farm, Westburn Road, Cambuslang be refused for the reasons detailed in the Executive Director’s report. 6
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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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1033 by GPC 676 Limited for the installation of a 50 megawatt battery energy storage facility (BESS) with associated infrastructure at land 100 metres northwest of East Rogerton Cottage, Markethill Road, East Kilbride. The Committee decided: that planning application P/23/1033 by GPC 676 Limited for the installation of a 50 megawatt battery energy storage facility (BESS) with associated infrastructure at land 100 metres northwest of East Rogerton Cottage, Markethill Road, East Kilbride be refused for the reasons detailed in the Executive Director’s report. Councillor Horne joined the meeting during this item of business 7 Application P/24/0307 for Installation of a 22.8 Megawatt Battery Energy Storage System (BESS) with Associated Infrastructure at Crutherland Farm, Crutherland Highway, East Kilbride A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0307 by Clean Earth Energy Limited for the installation of a 22.8 megawatt battery energy storage system (BESS) with associated infrastructure at Crutherland Farm, Crutherland Highway, East Kilbride. 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/24/0307 by Clean Earth Energy Limited for the installation of a 22.8 megawatt battery energy storage system (BESS) with associated infrastructure at Crutherland Farm, Crutherland Highway, East Kilbride be refused for the reasons detailed in the Executive Director’s report. Councillor Devlin left the meeting during this item of business 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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0529 by A Wilson for the 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. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. 7
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The Committee decided: that planning application P/24/0529 by A Wilson for the 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 be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of a Section 75 Agreement and/or other appropriate agreement between the Council, site owner(s) and applicant [Reference: Minutes of 7 July 2015 (Paragraph 15) and 16 August 2022 (Paragraph 10)] 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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0549 by S and K Foster for a section 42 application for the 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. There followed a discussion on the application during which the Chair responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/0549 by S and K Foster for a section 42 application for the 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 be refused for the reasons detailed in the Executive Director’s report. [Reference: Minutes of the Clydesdale Area Committee of 28 August 2007 (Paragraph 5)] Councillor Devlin re-joined the meeting during consideration of the above application 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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0598 by AFH Consulting and Engineering Limited for the formation of a house plot (planning permission in principle) at a plot of land at Carnwath Mill Farmhouse, Spittal Road, Carnwath, Lanark. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. 8
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The Committee decided: that planning application P/24/0598 by AFH Consulting and Engineering Limited for the formation of a house plot (planning permission in principle) at a plot of land at Carnwath Mill Farmhouse, Spittal Road, Carnwath, Lanark be refused for the reasons detailed in the Executive Director’s report. 11 Application P/24/0644 for Erection of House at Gillfoot Nursery, Crossford, Carluke A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0644 by W Gordon for the erection of a house at Gillfoot Nursery, Crossford, Carluke. The application had been assessed against the relevant policies and criteria contained in National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. Details of the assessment were provided in the report. The development constituted development contrary to the development plan, however, in the view of the Executive Director (Community and Enterprise Resources), a departure from the development plan was justified in this case for the following reasons:- there was existing planning consent for the erection of a house at this location in the interests of the integrity of the continued redevelopment of the former glasshouses at Gillfoot Nursery the design and technical consideration of the proposed development accorded with the development plan 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/24/0644 by W Gordon for the erection of a house at Gillfoot Nursery, Crossford, Carluke be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 29 March 2022 (Paragraph 16)] 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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0729 by Mr and Mrs Friel and family for the sub-division of garden ground and erection of a 1.5 storey house with associated works at Little Dripps Cottage, Holehouse Highway, Thorntonhall. There followed a discussion on the application during which the Chair and an officer responded to members’ questions on aspects of the report. 9
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The Committee decided: that planning application P/24/0729 by Mr and Mrs Friel and family for the sub-division of garden ground and erection of a 1.5 storey house with associated works at Little Dripps Cottage, Holehouse Highway, Thorntonhall be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 28 October 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0851 by Rosewood Homes and Properties Limited for the erection of 24 affordable apartments for social rent with car parking and associated works at Carnegie Hill, East Kilbride. The Committee decided: that planning application P/24/0851 by Rosewood Homes and Properties Limited for the erection of 24 affordable apartments for social rent with car parking and associated works at Carnegie Hill, East Kilbride be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 13 August 2019 (Paragraph 9)] 14 Urgent Business There were no items of urgent business 10
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Subject Electricity Infrastructure Consents 1. Purpose of Report 1.1. The purpose of the report is to:- inform the Planning Committee of the application and decision-making process currently in place in Scotland for proposals for new electricity infrastructure update members on the Council’s response to a consultation by the UK Government on proposals for the reform of the application and decision-making regime as set out in Appendix 1 of the report 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the summary of the decision-making process currently in place in Scotland for proposals for new electricity infrastructure, be noted; and (2) that the response by the Head of Planning and Regulatory Services to the consultation by the UK Government on proposals for the reform of the consenting regime, as set out in Appendix 1 of the report, be noted. 3. Background 3.1. The Scottish Government has powers to determine applications to develop new, or replace/extend existing, electricity infrastructure in Scotland involving generating stations with a capacity of over 50MW under section 36 of the Electricity Act 1989 and network projects involving the construction or replacement of overhead lines (section 37 of the Act). 3.2. Generating stations can include wind farms, solar farms, battery energy storage systems (BESS) and hydrogen production. The process is administered by the Energy Consents Unit (ECU) within the Scottish Government. The UK Government has responsibility for the legislative framework ie the 1989 Act. Applications for generating stations with a capacity of less than 50MW are determined by planning authorities. 4. Current Position 4.1. Applications made under sections 36 and 37 of the Act are submitted to the Energy Consents Unit. The ECU is responsible for the administrative arrangements for the application including carrying out consultation. The Council is a statutory consultee and has 4 months to advise if they intend to object to a section 36 application although this time can be extended through agreement. For section 37 applications the period for lodging an objection is 2 months. The Council receives half of the application fee submitted to the ECU. 3 11
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4.2. The Planning Service undertakes internal consultation with, for example, Roads, Transportation and Fleet Services and Environmental Services. There is no requirement to duplicate consultation already carried out by the ECU eg NatureScot, SEPA and NATS. Under the scheme of delegation all responses to section 36 applications are reported to the Planning Committee irrespective of whether the recommendation to the ECU is to object or not. 4.3. It should be noted that, under the current legislation, an objection from the planning authority triggers the requirement for a public inquiry to be held. 4.4. Publicity for the application is the responsibility of the applicant and involves placing an advert in the local press. However, there is no requirement to carry out neighbour notification as is the case with planning applications. Members of the public and community bodies should make representations directly to the ECU. The Council cannot take any representation it receives into account when deciding if it wants to object to the application. 4.5. At present while an applicant is encouraged to voluntarily carry out pre-application consultation and engagement, this is not required by the legislation. Good practice has been published by the ECU which developers are asked to follow. 4.6. The final decision on a section 36 or section 37 application is taken by the ECU on behalf of Scottish Ministers, taking into account consultation responses and any representation received. When consent is granted, the Council is responsible for the discharge of conditions and the monitoring of the development as it is carried out. 5. Consultation on Reforms to the Consenting Regime 5.1. The UK Government published a consultation paper on proposals to reform the consenting processes under the 1989 Act on 28 October 2024 with a closing date for responses of 29 November. The Planning Service’s response is set out in Appendix 1 of the report and due to the timing of the Planning Committee, it has been submitted before the meeting. 5.2. The consultation recognises that the processing of applications made under the Act requires to be modernised and made more efficient given the legislation dates back to 1989. One of the main areas of change relates to the introduction of requirements to carry out pre-application consultation and engagement. This would involve early engagement with the planning authority to agree with the applicant the information required to allow it to comment more meaningfully and quickly on proposals when formal consultation is carried out. 5.3. Equally important, pre-application engagement will result in local communities becoming aware of proposals earlier in the process and the sharing of information to allow them to consider the impact of the project on the local area through discussion on project design and mitigation before the application is submitted. 5.4. At the outset applicants would be required to submit for the approval of the ECU a Preliminary Information Report containing information it will provide during engagement and a Statement of Community Consultation describing how communities will be consulted. At least two public consultation events will be required as well as the setting up of a dedicated website. The Council would have the chance to comment on both reports. The applicant would have to submit a Pre-Application Consultation Report with the application with the ECU having the ability to reject the application if it does not meet statutory requirements. 12
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5.5. Other proposals include:- an extension of the minimum amount of information to be provided with an application to avoid inadequate submissions and delays in processing the removal of the automatic need for a public inquiry when a planning authority objects to an application and its replacement by an examination by a reporter who will have the ability to decide on the most appropriate means of deciding the case. This could mean no further procedures are required or the use of further written representations, hearing sessions or a public inquiry matters relating to amendments to applications, the variation of consents and judicial review of decisions 6. Employee Implications 6.1. Any changes to the consenting regime under the 1989 Act will be carried out using existing staff resources within Planning and Regulatory Services. 7. Financial Implications 7.1. None 8. Climate Change, Sustainability and Environmental Implications 8.1. The planning system will have an increasingly key role in addressing the climate change agenda. This includes the processing of applications for new electricity infrastructure. 9. Other Implications 9.1. There are no implications for risk in terms of the information contained in this report. 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) 25 November 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Good quality, suitable and sustainable places to live Previous References None List of Background Papers Electricity Infrastructure Consenting in Scotland: consultation document (publishing.service.gov.uk) 13
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Contact for Further Information If you would like to inspect background papers or want further information, please contact:- Tony Finn, Planning and Building Standards Manager, Community and Enterprise Resources E-mail: tony.finn@southlanarkshire.gov.uk 14
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Appendix 1 UK Government consultation on Electricity Infrastructure Consenting in Scotland Pre Application Consultation 1. Do you agree with the proposal for pre-application requirements for onshore applications? Why do you agree/not agree? How might it impact you and/or your organisation? Response: Overall it is considered that the introduction of pre-application requirements for onshore applications is appropriate. Experience shows that local communities are often only made aware of proposals once the application has been submitted. In cases when there pre-consultation activity has been carried out local communities can be critical of the type of consultation carried out so the setting of minimum requirements is welcome. In addition, many of the issues raised by these types of proposal raise technical issues that are often beyond the expertise of members of the public; an easy-to-read guide and the availability of expertise at the public events would be useful. In general terms most applicants do seek pre-application advice from the Council which can result in local knowledge and experience to be taken into account. This has, however, become increasingly difficult to manage as proposals become more complex and involve new technology. The overall quality of submissions tends not be a major concern in most cases especially in relation to ‘planning’ matters such as landscape and visual impact but it is more likely to involve technical matters that need to be addressed by other services such as Roads and Environmental Services; their involvement in pre-application consultation is important. 2. Do you agree with the proposal for pre-application requirements for offshore generating stations? Why do you agree/not agree? How might it impact you and/or your organisation? Response: N/A. The Council has no role in the consenting regime for offshore generating stations. 3. Do you agree that pre-application requirements should apply to all onshore applications for electricity generating stations, and for network projects that require an EIA? Why do you agree/not agree? How might it impact you and/or your organisation? Response: Agree in relation to the requirements applying to all onshore applications for electricity generating stations as the Council has experience of a proposal not requiring an EIA generating local concerns [this largely applies to applications for BESS]. However, the requirements should also apply to non-EIA network projects as they can also result in objection from local communities. 4. Do you agree that a multistage consultation process may be appropriate for some network projects? Why do you agree/not agree? How might it impact you and/or your organisation? Response: In exceptional cases that would be appropriate as the project may affect several planning authorities and many more local communities making co-ordination of the pre-application consultation problematic. However, thresholds relating to the length of the network should be introduced to limit their incidence. 5. Do you agree with the proposal for an ‘Acceptance Stage’ for applications? How long do you think an acceptance stage should be (in weeks)? Why do you agree/not agree? How might it impact you and/or your organisation? 15
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Response: The proposed provisions are based on those in the 2008 Planning Act covering England and Wales where a developer can make an application to the Secretary of State for an order granting development consent for nationally significant infrastructure projects. There is no such provision in Scottish legislation and therefore the proposals would be at odds with current practice on pre-application consultation that applies to national and major developments dealt with by planning authorities. Nevertheless, it is agreed that a mechanism for determining that the pre-application consultation has been carried out is appropriate. Reference is made in the consultation document to planning authorities being able to raise objection if they consider pre- application consultation is insufficient. This is welcome, however, no detail is given on how this would be put in place. 6. Do you agree that the Scottish Government should be able to charge fees for preapplication functions? Why do you agree/not agree? How might it impact you and/or your organisation? Response: It is agreed charging is appropriate as a result of the additional procedures that would be introduced. There is no reference to whether other bodies including the planning authority involved in the pre-application consultation process would receive a share of the fee, however, it is considered important that this is the case due to the additional time and resources involved. From a planning authority perspective pre-application consultation usually involves officers from planning as well as Roads, Flooding, Environmental Services, Biodiversity and Greenspace and therefore the impact can be significant. 7. Do you agree that our proposals for pre-application requirements will increase the speed of the end-to-end project planning process overall? Why do you agree/not agree Response: It is not expected that introducing pre-application processes will impact on the time to process applications but it is noted that this will assist with engaging communities and should ensure that there are opportunities to amend proposals should there be community and local considerations that need to be addressed. Application procedures 1. Do you agree with the proposal for increased information requirements in applications? Why do you agree/not agree? How might it impact you and/or your organisation? Response: It is agreed that a definition of a minimum standard of information to be submitted with an application should be introduced. This should include an application which is not required at present. Any requirement should mirror the information required for national and major developments. 2. Do you agree with the proposal to set out detailed information requirements in regulations? Why do you agree/not agree? How might it impact you and/or your organisation? Response: Agreed – see above. Application input from statutory consultees 1. What are the reforms that would be most impactful in enabling your organisation to provide timely input on section 36 and section 37 applications? Response: The key constraint to responding to consultation requests is the availability of skills and resources at a time when the number of renewable projects is increasing (including non section 36 applications). 16
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In addition, the discharge and monitoring of conditions on consented schemes places a heavy burden on planning authorities and prevents the concentration of resources on new proposals. This includes other services that are consulted on details that are submitted. A mechanism to resolve this is required. 2. What are the advantages and drawbacks of the options set out under Proposed Changes? How might your organisation benefit from the proposed forum and framework? Response: Establishing a forum to evaluate the reasons for delay would be useful, however, it may be the solutions are difficult to achieve given current financial constraints across the public sector. 3. What specialist or additional support could the Scottish Government’s Energy Consents Unit provide to facilitate the statutory consultees’ ability to respond? Response: It is unlikely the Energy Consents Unit itself can provide support directly as the technical and professional expertise is generally not available. 4. Would new time limits help your organisation to prioritise its resources to provide the necessary input to the application process? Response: While time limits introduce certainty, as noted above, the resources available to achieve the targets are not always available. Amendments to applications 1. Do you agree with implementing a limit for amendments to applications? Why do you agree/not agree? How might it impact you/your organisation? Response: Yes. A response to two recent consultation requests with the Council have been delayed due to changes being made to proposals throughout the process. The pre- application process should be the driver to prevent this. 2. Do you agree the limit should be determined by Scottish Ministers on a case-by-case basis? Why do you agree/not agree? How might it impact you/your organisation Response: No. This would create uncertainty for those involved in the process. Public inquiries 1. What is you or your organisation’s experience of public inquiries? What are the advantages? What are the disadvantages? Response: The use of public inquiries has been very resource intense in terms of officer time devoted to the case and the cost of employing external expertise and legal representation. It is not considered that the process has added any value to the overall outcome. There is no reason disputed matters cannot be dealt with by written representations or, in exceptional cases, a hearing without impacting the ability of parties to influence the decision making process. 2. Do you agree with the proposed ‘examination’ process suggested? Why do you agree/not agree? How might it impact you/your organisation? Response: Yes. Variations 1. Do you agree with the proposal to prescribe a clear statutory process under which variations to network projects may be granted? Why do you agree/not agree? How might it impact you/your organisation? Response: Yes, this would be consistent with the process for generating stations. 17
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Variation of consents without an application 1. Do you agree with the proposal to give the Scottish Government the ability to vary, suspend or revoke consents, without an application having been made in the circumstances set out above? Why do you agree/not agree? How might it impact you or your organisation? Response: Agree in principle, however, there should be a definition of the limit to which a consent can be varied in order to avoid an adverse impact on the environment, archaeology, ecology, residential amenity etc. In addition, the planning authority should have a role in determining whether a variation is appropriate and whether the changes are acceptable. 2. Do you believe there should be any other reasons the Scottish Government should be able to vary, suspend or revoke consents? What reasons are these? Response: None Fees for necessary wayleaves 1. Do you agree with the principle of introducing a fee for the Scottish Government to process necessary wayleaves applications? Why do you agree/not agree? How might it impact you or your organisation? Response: N/A 2. Do you agree that the fee amount should be based on the principle of full cost recovery, in accordance with Managing Public Money and the Scottish Public Finance Manual? Why do you agree/not agree?15 How might it impact you or your organisation? Response: N/A Statutory appeals and judicial proceedings 1. Do you agree that a statutory appeal rather than a judicial review process should be used for challenging the onshore electricity consenting decisions of Scottish Ministers? Why do you agree/not agree? How might it impact you or your organisation? Response: As with current planning legislation in Scotland the applicant should be able to appeal a refusal of a decision. 2. Do you agree there should be a time limit of 6 weeks for initiating a challenge to a consenting decision of Scottish Ministers for onshore electricity infrastructure? Why do you agree/not agree? How might it impact you or your organisation? Response: Yes, this mirrors current planning legislation in Scotland. This would also introduce a consistent approach. Transitional arrangements 1. Do you agree with the above proposal for transitional arrangements? Why do you agree/not agree? What impact would this have on you/your organisation Response: This is acceptable in principle, however, further clarity and information on the proposed stages in the consenting process will be required. 18
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Subject Planning and the Housing Emergency – Scottish Government Delivery Plan 1. Purpose of Report 1.1. The purpose of the report is to:- inform the Planning Committee of the contents of the Planning and the Housing Emergency Delivery Plan published by the Scottish Government on 12 November 2024 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the contents of the Planning and the Housing Emergency Delivery Plan published by the Scottish Government on 12 November 2024 be noted. 3 Background 3.1. The Scottish Government declared a national housing emergency in May this year in recognition of the problems with the country’s housing system, specifically the shortage of affordable, quality housing. 3.2. Since 2014 the average number of homes given planning permission in Scotland has been 29,000 annually which has exceeded the number of house starts (average 19,892 per year) and completions (average 19,160 per year) over that period. Overall there is an estimated 164,000 unbuilt homes across Scotland. In addition, there is a further 64,000 homes allocated in Local Development Plans that have yet to receive planning permission. 3.3. The planning system is often portrayed as a blocker to housing delivery, however, the figures above show this is not a true picture. Nevertheless, the Government has identified the planning system as having a key role in facilitating the delivery of more homes across Scotland through the provision of a high quality and responsive planning service, backed by professional expertise. 3.4. In this context, the Minister for Local Government, Finance and Planning, Ivan McKee MSP, launched a delivery plan in Parliament on 12th November 2024 with the aim of tackling the challenges to delivering new housing development on site. This requires planning authorities, developers, key agencies and other consultees to work together to focus on addressing the housing emergency. 4 19
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4. Current Position 4.1. The delivery plan sets out a series of actions that the Scottish Government expects to be progressed over the next 6 months. These are categorised within four sub headings. 4.2. Policy The delivery plan points to National Planning Framework 4 as setting the strategic direction to support the delivery of more good quality homes by supporting applications on sites allocated in local development plans and the provision of more affordable homes. Action’s in this respect include:- Ensuring NPF4 policies are consistently applied across Scotland with further guidance to be issued. Identify ways to stimulate the build out of housing sites with planning permission while recognising market conditions often prevents progress. 4.3. Delivery The plan makes a commitment to support planning authorities to unblock applications in the system and recognise the reasons for development not going forward once consent is granted. Action points include:- The creation of a Housing Planning Hub to support major developments that have stalled in the system, primarily those with consent but which have not been built out. Work with small and medium housebuilders to understand the challenges they face in delivering sites. Help planning authorities prepare local development plans including publishing revised guidance on housing land audits. 4.4. Efficiency This refers to a focus on supporting improvements to performance and practice, including the following actions:- Support the National Planning Improvement Champion to roll out the new framework for performance improvement across planning authorities. Provide advice on further streamlining and consistency in the validation of planning applications to ensure that information requirements to inform planning assessments are appropriately scoped. Identify and share best practice in aligning various consents required in addition to planning permission. Stop work on the introduction of an infrastructure levy. Consider the scope for permitted development rights to support housing delivery in specific circumstances. Examples include allowing the change of use of premises above shops to residential use as a means of stimulating an increase in town centre living. 4.5. Capacity The Government is seeking to invest in capacity with better access to professional skills and expertise. This includes:- Treble the number of bursaries for post-graduate planning students and raise awareness of planning as a career. Increase fees for planning applications, with an expectation that income generated will be re-invested in planning services to secure additional investment and development as a result of service improvements. 20
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Develop arrangements for local elected member training, with the Minister suggesting that Planning Aid Scotland is progressing work to develop a package of support for local authorities. Launch a Scottish Government graduate programme that supports work-based learning and increases the pipeline of future planners. Create a more coherent national skills package for professional planners, in particular focussing on areas which will have the most impact on moving planning towards a more positive tool for enabling development. 5. Next Steps 5.1. The delivery plan sets out an ambitious series of actions that it aims to deliver by the end of June 2025. Placing the planning system at the centre of this approach, and in particular highlighting the key role planning authorities have in addressing stalled sites, is welcome and reflects the collaborative, pro-active approach of planning to facilitating new development. 5.2. Achieving these goals will require investment in skills and resources and many of the actions are aimed at widening the skills base and increasing the number of professionals involved in the planning process. It should be noted that this should include associated disciplines such as biodiversity, placemaking, climate change mitigation and adaptation and flood risk. 5.3. A number of actions have been the subject to previous consultation and engagement which have not progressed, however, it is hoped the commitments in the delivery plan will ensure they are implemented. 5.4. The key action is the creation of the Housing Planning Hub which would identify the reasons for sites stalling. While this is sound in theory; in practice the reasons for a site not being built out are varied and each development will be due to individual site- specific factors. The details of how the hub would operate are yet to be finalised and it is unclear how it would be resourced or financed. 5.5. Notwithstanding the contents of the delivery plan the Planning Service is already carrying out a wide range of work intended to streamline the planning application process and help deliver new housing on site. These actions include:- A comprehensive review of the processes involved in the assessment of planning applications over the next 12-18 months. This will complement any changes introduced through the delivery plan. The carrying out of the annual housing land audit to identify progress on consented sites. The process has been refined for 2024 by reflecting the general approach set out in draft guidance issued by the Scottish Government. Working in partnership with the Council’s Housing Service to identify appropriate sites for inclusion in the Strategic Housing Investment Programme The preparation of the Council’s Evidence Report as part of the Local Development Plan 3 (LDP3) process. Among other matters it will set out the Council’s Local Housing Land Requirement for the next 10 years. The current timescale involves the Evidence Report being presented to full Council for approval in July 2025. LDP3 itself will identify sites for new development following a call for ideas in Spring 2025. A thorough site assessment methodology is being developed which will reflect the Infrastructure First approach while also assessing the deliverability of a site. This in turn should preclude sites being allocated that are incapable of being built out within prescribed timescales. 21
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The production of a statutory delivery programme which will set out the constraints to the start or completion of housing sites. Discussions on the details for individual sites have started with Homes for Scotland and will be extended to landowners. The outcomes will inform the proposed LDP3. A Placemaking guide is currently under preparation and it is anticipated this document will be presented to Planning Committee in 2025. The guide will set out the Council’s aspirations on the quality of new development and ensure the delivery of placemaking principles. 6. Employee Implications 6.1. Any changes to the planning system will be carried out using existing staff resources within Planning and Regulatory Services. 7. Financial Implications 7.1. The delivery plan references a future increase in fees for planning applications which is expected to be re-invested in planning services to secure additional investment and development as a result of service improvements. 8. Climate Change, Sustainability and Environmental Implications 8.1. The planning system has a key role in addressing the climate emergency and nature crisis. 9. Other Implications 9.1. There are no implications for risk in terms of the information contained in this report. 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) 25 November 2024 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Ambitious, self aware and improving Good quality, suitable and sustainable places to live Previous References None List of Background Papers Planning and Housing Emergency Delivery Plan November 2024 Planning and the Housing Emergency – Delivery Plan (www.gov.scot) Contact for Further Information If you would like to inspect background papers or want further information, please contact:- Tony Finn, Planning and Building Standards Manager, Community and Enterprise Resources E-mail: tony.finn@southlanarkshire.gov.uk 22
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/0191 Proposal: Erection of 14 dwellinghouses with associated roads and landscaping Site Address: Land adjoining St Andrews Drive, Law Applicant: Wilson Developments (Law) Ltd Agent: Allison Architecture Ward: 01 Clydesdale West Application Type: Full Planning Permission Advert Type: Non-notification of neighbours; Development Contrary to Development Plan: Lanark Gazette 22.02.2023 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions and legal agreement Legal Agreement: Yes – to secure financial contributions towards educational provision Direction to Scottish Ministers N/A 5 23
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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 (0.58 ha) is vacant land comprising a mixture of scrub and semi- natural grassland. It falls within the settlement boundary of Law and is bounded to the south and east by dwellings, to the west by commercial and residential properties and to the north by vacant brownfield land, Station Row and a railway track. Access to the site is taken from St Andrews Drive. 3. Description of Proposed Development 3.1. The applicant seeks permission for 14, two storey, semi-detached dwellings, arranged around two spurs, either side of the main access from St Andrews Drive. The houses would contain three bedrooms and would be finished in facing brick and tiles. A toddler play area would be positioned to the front of a turning head, between plots 4 and 5. A wildlife corridor is to be established along the eastern boundary and trees planted in various locations throughout the site. 4. Relevant Planning History 4.1. Planning Permission (CL/07/0562) for 14 dwellinghouses was granted in February 2008. The site formed part of a wider residential development for 164 dwellinghouses, granted Planning Permission (CL/03/0257) in March 2005. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- ⧫ A Design Statement ⧫ A Preliminary Ecological Appraisal ⧫ Ground Investigation Report ⧫ Noise Impact Assessment 6. Consultations 6.1. Roads Flood Risk Management – The site is not identified as falling within a flood risk area. If permission was approved, conditions should be attached requiring suitable drainage on site. Response: Noted. 6.2. Environmental Services – No objections, subject to conditions covering noise levels and remediation. Response: Noted. 6.3. Scottish Water - There is sufficient capacity in the Camps Water Treatment Works and the Maudslie Waste Water Treatment Works. Response: Noted. 6.4. Education Resources – Contributions are required for secondary, denominational primary and nursery provision due to the impact of the development. Response: The applicant has agreed to making the requested financial contribution via a Section 75 legal agreement. 6.5. Roads, Transportation and Fleet Services – No objection subject to conditions covering hard surfacing, visibility, drainage, parking, driveway gradients and requirement for a Traffic Management Plan. 24
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Response: Noted. Suitable conditions would be attached to any consent issued. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisements for non notification of neighbours and Development Contrary to the Development Plan, a total of 12 objections have been received. The issues raised are summarised as follows:- Amenity ⧫ Loss of privacy ⧫ Overshadowing ⧫ Vermin infestation Impact on Natural and Historic Environment ⧫ Site is home to wildlife including hedgehogs, foxes and badgers ⧫ Removal of trees Roads Related Matters ⧫ Influx of heavy goods and construction vehicles resulting in public safety concerns ⧫ Road safety ⧫ Limited parking spaces ⧫ There is a 3m drop from the start of the access road. A steep gradient or a really long ramp will be required Other Matters Raised ⧫ Distances between boundary fence and houses ⧫ Construction noise ⧫ Impact upon shops, schools, parking, local doctors’ surgeries and dentists ⧫ Drainage ⧫ Existing transport links are insufficient ⧫ Confirmation on whether this is for social housing ⧫ What measures are in place if garden and fence is damaged? Excavations could destabilise boundary ⧫ Flooding to neighbouring properties 7.2. Other non-material planning comments were included in representations. These points relate to:- ⧫ There is a lot of social housing already within Law 7.3. The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the Development Plan, unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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. 25
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National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 7 - Community Infrastructure Assessment Policy 13 - Green Network and Greenspace SLLDP2 Volume 2 Policies Policy DM1 - New Development Design South Lanarkshire Council (SLC) Supporting Planning Guidance The Community Infrastructure Assessment Supplementary Guidance (2022) 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. The determining issues in the consideration of this application are its compliance with the National Planning Framework 4 (NPF4) and adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 10.2. In the adopted SLLDP2 proposal’s map the site is included within the settlement boundary where Policy 3 – General Urban Areas and Settlements advises that residential developments on appropriate sites will generally be acceptable. The proposal satisfactorily complies with the aims of Policy 3 – General Urban Areas and settlements of the adopted local development plan and therefore the principle of the proposed development is acceptable. 10.3. Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. 10.4. The site is not identified on SEPA flooding maps as being at risk of flooding. Proposed SUDS including an attenuation tank will effectively manage surface water runoff, benefitting neighbouring properties and the drainage network. The proposal involves development of vacant land within a settlement where there are a range of shops, services and transport links. Overall, the proposal would not compromise the objectives of NPF4 Policies 1 and Policy 2 and SLLDP2 Policy 2. 26
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10.5. NPF4 Policy 14 Design Quality and Place and SLLDP2 Policy 5 Development Management and Placemaking and Policy DM1 New Development Design seeks to ensure well designed development that makes for successful places and considers the impact on residential amenity. 10.6. The design, layout and density are appropriate to an urban setting. Suitable parking can be provided and Roads, Transportation and Fleet Services in their consultation response did not raise any public or traffic safety issues. Safe access for vehicles and pedestrians during the construction phase will be addressed by the submission of a Traffic Management Plan. The proposal will not impact upon landscape features, protected habitats, or species. The proposal is therefore satisfactory in terms of NFP4 Policy 14 and SLLDP2 Policies 5 and DM1. 10.7. SLLDP2 Policy 7 Community Infrastructure Assessment states where development proposals would require capital or other works or facilities to enable them to proceed, financial contributions towards their implementation will be required. Education Resources require a contribution towards secondary, denominational primary and local nursery provision. The applicant has agreed to this contribution which will be dealt with through an appropriate legal agreement. In consideration the terms of Policy 7 can be complied with. 10.8. The Ecological Appraisal concludes that no notable species or habitats have been identified. There is scattered scrub and some individual trees of limited value. Otherwise, there are no formal or significant landscape features. Tree planting is proposed along with the establishment of a wildlife corridor. If consent is granted a condition would be attached requiring root protection of neighbouring trees. The 2.5m wildlife corridor, along the western boundary, would facilitate a protected route for wildlife through the site, resulting in a net gain in terms of biodiversity. Adjoining the wildlife corridor would be areas of amenity open space, creating a buffer zone between the corridor and the dwellings. Therefore, the proposal accords with NPF4 Policy 3 and SLLDP2 Policy 13. 10.9. Conclusion The proposal will result in the development of vacant land within the settlement boundary of Law. This is a small-scale residential development which optimises the use of vacant land without detrimentally affecting residential amenity, privacy, or public and traffic safety. The design, scale and layout of the development are considered to be acceptable. With the establishment of a wildlife and amenity space corridor, the value of the green network will not be diminished. Additional tree planting, tree protection measures and the aforesaid wildlife corridor will ensure a net gain to biodiversity. In view of the above assessment and considering NPF4 and Local Plan policies and supporting information, the proposal represents an appropriate form of residential development for the application site and neighbouring vicinity. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendations:- 11.2. Planning Permission should not be issued until an appropriate obligation under Section 75 of the Planning Act, and/or other appropriate agreement, has been concluded between the Council, the applicant(s) and the site owner(s) for a financial contribution towards educational facilities. 27
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11.3. In accordance with agreed procedure, should there be no significant progress, on behalf of the applicant, towards the conclusion of the Planning Obligation within 6 months of the date of the Committee, the proposed development may be refused on the basis that, without the planning control/developer contribution which would be secured by the Planning Obligation, the proposed development would be unacceptable. 11.4. If, however, this matter is being progressed satisfactorily the applicant will be offered the opportunity to enter into a Processing Agreement, if this is not already in place. This will set an alternative agreed timescale for the conclusion of the Planning Obligation. All reasonable legal costs incurred by the Council in association with the above Section 75 Obligation shall be borne by the applicant. Grant full planning permission subject to the following conditions and an appropriate Legal Agreement:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any 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. 03. That before any work commences on the site, a scheme of landscaping for the areas shown on the approved plans 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. Thereafter the landscaping shall be provided in accordance with the approved details. Reason: To ensure the appropriate provision of landscaping within the site. 04. That before any work commences on the site, details of the wildlife corridor shown on the Proposed Site Layout (Dr No: 00-003 Rev D) shall be submitted to the Council as Planning Authority for written approval. Thereafter the wildlife corridor shall be provided in accordance with the approved details. 28
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Reason: To ensure the appropriate provision of a wildlife corridor within the site and to enhance biodiversity. 05. That the proposed works will be carried out in accordance with the recommendations of the Preliminary Ecological Appraisal Report (Acorna Ltd, February 2023) in respect of nesting birds and tree protection measures. Reason: To ensure that nesting birds are adequately protected. 06. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Developer Design Guidance (May 2020) and shall include the following signed appendices: C 'Sustainable Drainage Design Compliance certificate', D 'Sustainable Drainage Design Independent Check Certificate' and E 'Confirmation of Future Maintenance of Sustainable Drainage Apparatus' . The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on- site and off-site flooding. 07. All bedroom windows and trickle vents installed must be of a minimum specification as detailed within the noise impact assessment report submitted by New Acoustics, Report No. 7608-00-01, dated 25 September 2024. The glazing, vents and other components must ensure:- 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 LAeq, max of 45dB night-time (23:00 - 07:00). Reason: To minimise noise disturbance to occupants of approved dwelling houses. 08. (a) Remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority. (b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels. (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site- 29
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specific risk assessment of any associated pollutant linkages, shall then require to be submitted to and approved in writing by the Council as Planning Authority. Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use. 09. That before the development hereby approved is completed or brought into use, the first 2 metres of the driveways from behind the heel kerb shall be hard surfaced across its full width to prevent deleterious material being carried onto the road. Reason: To prevent deleterious material being carried onto the road. 10. That before a dwelling is occupied, the parking spaces for the house plot, shown on the approved plans shall be laid out, constructed and available for use. Reason: To ensure the provision of adequate parking facilities within the site. 11. That before the development hereby approved is completed or brought into use, visibility splays of 2.0 metres by 35 metres measured from the road channel shall be provided on both sides of the driveways and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas. Reason: In the interests of traffic and public safety. 12. That prior to any work starting on site, a programme indicating the phasing of construction of development, together with a Traffic Management Plan indicating the circulation of vehicles and pedestrians, shall be submitted to the Council as Planning Authority for written approval. The Traffic Management Plan shall also provide details of the hours of operation on site (detailing any particularly noisy aspects of the development), wheel washing arrangements and road sweeping details, on site parking for construction workers and the route to be taken to access the site for all delivery/construction vehicles. Thereafter the development shall be undertaken at all times in accordance with the approved details contained in the Traffic Management Plan unless otherwise agreed in writing with the Planning Authority. Reason: In the interests of road safety. 13. That before any work commences on the site, a scheme for the provision of a play area within the site 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 unless agreed in writing by the Council as Planning Authority. Thereafter the play area shall be formed in accordance with the approved details prior to the occupation of the last dwelling within the development. Reason: To ensure the provision of adequate play facilities within the site and in order to retain effective planning control. 30
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14. That prior to the commencement of works, details, and locations of charging points for electrical cars, at a rate of one charging point per house plot, shall be submitted for the written approval of the Council as Planning Authority. Prior to the completion of the development the approved charging points shall be installed and available for use. Reason: To ensure facilities for recharging electrical cars are available for the use of the residents. David Booth Executive Director (Community and Enterprise Resources) Date: 25 November 2024 Background Papers Further information relating to the application can be found online:- P/23/0191 | Erection of 14 dwellinghouses with associated roads and landscaping. | Land 38M Northwest Of 27 St Andrews Drive St Andrews Drive Law Carluke Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 31
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Addendum Specifying Heads of Terms in relation to an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997. Planning Application No. P/23/0191 Development Description Erection of 14 dwellinghouses with associated roads and landscaping. Site Address Land adjoining St Andrews Drive, Law Applicant Wilson Developments (Law) Ltd Date of Committee 3 December 2024 Type of obligation Section 75 or 69 Obligations Resource Summary of Required Contributions Community N/A Education Contributions towards education requirements at the following schools:- St Athanasius Primary Carluke Carluke High School Nursery provision in the local area Housing N/A Roads N/A 32
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0719 Proposal: Change of use of storage and distribution unit (Class 6) to soft play centre (Class 11) and associated alterations/refurbishment including extract flue (Retrospective) Site Address: Block 4, Cadzow Industrial Estate, Hamilton, ML3 7QU Applicant: Gioca Leisure Ltd Agent: DTA Ward: 19 Hamilton South Application Type: Full Planning Application Advert Type: Non-notification of Neighbours: Hamilton Advertiser 20 June 2024 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: No Direction to Scottish Ministers No 6 35
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1. Reason for Report 1.1. This application is being presented to the Planning Committee for determination as this has been requested by Councillor Helen Toner and has been agreed by the Head of Planning and Regulatory Services and the Chair of the Planning Committee. 2. Site Description 2.1. The application site is situated within Cadzow Industrial Estate and relates to a detached single storey steel frame building clad in profiled metal sheeting, with an associated yard and parking area. Grahams Builders Merchant formerly operated the unit as a Class 6 (Storage or Distribution) use with associated trade counter. 2.2. The area is industrial in nature and the site is enclosed to the north by the access road to the industrial estate and a scrap metal merchant. The site is also enclosed by a substation and yard, with separation provided by pallisade fencing. Hamilton Radio Cars are located to the south, along with a mast and open space. The Cadzow Industrial Estate is characterised by industrial and commercial buildings and associated land uses. 3. Description of Proposed Development 3.1 The proposal relates to a retrospective application for a change of use from a storage and distribution unit (Class 6) to a Children’s Soft Play facility (Class 11) and associated alterations/refurbishment including the installation of an extract flue at Block 4, Cadzow Industrial Estate, Hamilton. 3.2 The proposal seeks to accommodate two play frames, two party rooms and a kitchen/preparation area. The vehicular access to the site is shared with an adjacent property and this existing access will remain. In addition, the application includes alterations to the existing footpath, the provision of 18 car parking spaces and a bicycle shelter. 4. Relevant Planning History 4.1. A planning application was refused under Delegated Powers on 23 May 2024 for the ‘use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen’ (P/24/0367) at the site. The reasons that the application was refused were due to traffic generation, failure to submit a business plan demonstrating the viability of the business and that it was not an appropriate use within a core industrial and business area. 4.2. This decision was the subject of a review considered by the Planning Local Review Body (PLRB) on 4 November 2024 and the refusal of planning application P/24/0367 was upheld. 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- 2 Supporting Statements a Business Plan an email (dated 7 July 2024) from Shepherd Chartered Surveyors 6. Consultations 6.1. Environmental Services - No objections to the proposal subject to the imposition of advisory notes relating to food safety, formal action and noise. Response: Noted. 36
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6.2. Roads Development Management Team - No objection to the proposed development, subject to a condition relating to the marking / lining of the car parking spaces associated with the development. Response: Noted. 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 26 - Business and Industry 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 5 - Development Management and Placemaking Policy 8 - Employment Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. The application site is situated within a core industrial and business location as defined by the adopted Local Development Plan. The proposal requires to be assessed against Policy 26 ‘Business and Industry’ of NPF4 which seeks to encourage, promote and facilitate business and industrial uses. 10.2. The policy establishes that Local Development Plans should allocate sufficient land for business and industry, taking into account business and industry land audits, in particular ensuring that there is a suitable range of sites that meet current market demand, location, size and quality in terms of accessibility and services. In addition, the policy states that:- (a) Development proposals for business and industry uses on sites allocated for those uses in the LDP will be supported. (b) Development proposals for home working, live-work units and micro-businesses will be supported where it is demonstrated that the scale and nature of the proposed business and building will be compatible with the surrounding area and there will be no unacceptable impacts on amenity or neighbouring uses. 37
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(c) Development proposals for business and industry uses will be supported where they are compatible with the primary business function of the area. Other employment uses will be supported where they will not prejudice the primary function of the area and are compatible with the business/industrial character of the area. (d) Development proposals for business, general industrial and storage and distribution uses outwith areas identified for those uses in the LDP will only be supported where: (i) It is demonstrated that there are no suitable alternatives allocated in the LDP or identified in the employment land audit; and (ii) The nature and scale of the activity will be compatible with the surrounding area. (e) Development proposals for business and industry will take into account: (i) Impact on surrounding residential amenity; sensitive uses and the natural and historic environment; (ii) The need for appropriate site restoration at the end of a period of commercial use. (f) Major developments for manufacturing or industry will be accompanied by a decarbonisation strategy to demonstrate how greenhouse gas emissions from the process are appropriately abated. The strategy may include carbon capture and storage. 10.3. Following assessment, it is considered that the proposed soft play centre is an indoor recreational facility and does not relate to a business or industrial use on an allocated business/industrial site in the LDP (criteria a). The development does not relate to a proposal for home working, live-work units or a micro-business (criteria b) and is not a Class 4, 5 or 6 use seeking support on an unallocated site (criteria d). In addition, the proposal does not relate to a business, manufacturing or industrial use (criteria e and criteria f). 10.4. With regards to criteria (c) of Policy 26, other employment uses on designated industrial and business land, the proposal relates to the occupation of the existing unit for a soft play use. This use falls within Class 11 (Assembly and Leisure) of the Town and Country Planning (Use Classes) (Scotland) Order 1997, as amended, which generally relates to the provision of areas for indoor or outdoor sports or recreation. 10.5. There is currently a shortage of suitable industrial premises in Hamilton and it is considered that the loss of this unit for an assembly and leisure use would exacerbate this issue. It is considered that the soft play centre is not compatible with the established business/industrial character of Cadzow Industrial Estate and would prejudice the primary function of the area. The proposal fails to accord with any of the provisions of Policy 26 and specifically criteria (c). Subsequently the development is considered to be contrary to the provisions of Policy 26 of NPF4. 10.6. The site is designated as a core industrial and business area under the provisions of Policy 8 ‘Employment’ of the adopted Local Development Plan. This policy establishes that the Council will support sustainable economic growth and regeneration by encouraging the development of business in South Lanarkshire. This policy further establishes that the designated core industrial and business areas will be retained to accommodate Class 4, 5 and 6 industrial/business uses. Therefore, the occupation of the site as a softplay centre would be contrary to the provisions of Policy 8 of the adopted Local Development Plan. 10.7. Policy ICD2 of the adopted Local Development Plan relates to ‘Non-conforming Uses in Core Industrial/Business Areas’ and provides a detailed criteria which non- conforming proposals require to be assessed against. Following review, it is considered that the proposed development does not meet the terms of criteria (a) as it will adversely impact on the marketable industrial land supply in terms of quantity, 38
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range and quality. Criteria (b) is not relevant, and in terms of criteria (c) the proposal would be more suited to a town centre or local centre location and it is noted that no sequential site information has been submitted in support of the application. 10.8. The proposed change of use and associated traffic movement will adversely impact on the industrial character and function of the Cadzow Industrial Estate. The Planning Service has concerns regarding the existing vehicle movements, including articulated vehicles, within Cadzow Industrial Estate adjacent to a children’s soft play centre, contrary to criteria (d) of Policy ICD2. 10.9. With regards to criteria (e) an email has been received from Shepherd Chartered Surveyors which advises that they were instructed to market the property from July 2023 until February 2024 until it was purchased by the applicant. However, they have not included any further details of their marketing strategy or advised that there has been no interest from a class 4, 5 or 6 operator and therefore the terms of criteria (e) have not been met. It is considered that the proposal does not raise any significant issues in terms of criteria (f), (g), (h) and (i). Therefore, the proposal fails to meet the relevant requirements and criteria of Policy ICD2 of the adopted Local Development Plan and is subsequently considered to be contrary to the provisions of this policy. 10.10. Policy 5 of the adopted Local Development Plan identifies that all development proposals will require to take account of and be integrated with the local context and built form. The site relates to an established industrial/business area and it is considered that the introduction of a non-conforming use and the associated traffic generation would result in an adverse impact on the established amenity of the adjacent and nearby business and industrial operators. Therefore, it is considered that the proposal does not accord with the provisions of Policy 5 of the adopted Local Development Plan. 10.11. Conclusion In summary, taking all of the above into account, there are no exceptions to policy which would justify a soft play use at this location. The application does not accord with the provisions of Policy 26 of National Planning Framework 4 and Policies 5, 8 and ICD2 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 proposed soft play centre (Class 11 Assembly and Leisure) is contrary to Policy 8 'Employment' of the adopted South Lanarkshire Local Development Plan 2 as designated core industrial and business areas are allocated to accommodate industrial and business (Class 4, 5 and 6) uses. 02. The proposal does not accord with the provisions of Policy ICD2 'Non- conforming Uses in Core Industrial/Business Areas' of the adopted South Lanarkshire Local Development Plan 2 as it does not meet the terms of the criteria identified within the policy. 39
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03. The proposal does not accord with the provisions of Policy 5 of the adopted South Lanarkshire Local Development Plan 2 as the introduction of a non- conforming use and the associated traffic generation would result in an adverse impact on the established amenity of the existing business and industrial operators within Cadzow Industrial Estate. 04. The proposed development does not accord with the provisions of Policy 26 'Business and Industry' of National Planning Framework 4 as the site is an allocated core industrial and business area and the proposal does not meet any of the criteria identified in this policy. David Booth Executive Director (Community and Enterprise Resources) Date: 25 November 2024 Background Papers Further information relating to the application can be found online:- P/24/0719 | Change of use of storage and distribution unit (Class 6) to soft play centre (Class 11) and associated alterations/refurbishment including extract flue (retrospective) | Block 4 Cadzow Industrial Estate Hamilton ML3 7QU (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: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0970 Proposal: Installation of a 20 MW Battery Energy Storage System (BESS) with associated infrastructure Site Address: Plot 4A Hurlawcrook Road East Kilbride Applicant: Queequeg Renewables Ltd Agent: Mabbett and Associates Ltd Ward: 5 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Type: Non-notification of neighbours, Development contrary to the development plan and Schedule 2: East Kilbride News 4 September 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 7 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 site, which has an area of approximately 0.9 hectares, is located to the south of Hurlawcrook Road in the Langlands area of East Kilbride. It is designated as Core Industrial/Business Land and is currently undeveloped. 2.2. The land is bounded to the north by Hurlawcrook Road, with a storage and distribution facility located opposite, to the east and west by existing industrial/commercial properties within the Langlands industrial area and to the south by undeveloped land forming part of the Green Belt. The ground is predominantly flat and is accessed from the north via Hurlawcrook Road. 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 vehicular access is proposed to be formed to the site from Hurlawcrook Road. The battery units would be enclosed within BESS containers, similar in appearance to shipping containers. 3.2. The proposed development would comprise of:- 16 battery containers (approximately 3.1m in height) 1 transformer station (approximately 2m in height) 4 Medium Voltage (MV) Cabins (approximately 3.1m in height) 2 Distribution Network Operator (DNO)/Customer Substations (approximately 4m in height) 1 welfare container (approximately 2.6m in height) fencing and security measures, including five inward facing CCTV cameras at a height of 4m maintenance tracks and a site access gate 4. Relevant Planning History 4.1. A Proposal of Application Notice (PAN) for this proposed development was submitted in April 2024 (P/24/0004/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:- Planning Statement Design and Access Statement Pre-Application Consultation Report Landscape and Visual Appraisal LVA Graphics and Visualisations Illustrative Landscape Masterplan Preliminary Ecological Assessment Flood Risk Assessment and Drainage Strategy 44
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Preliminary Contamination Risk Assessment Report Coal Mining Risk Assessment Noise Impact Assessment Construction Traffic Management Plan Access Appraisal Battery Safety Management Report 6. Consultations 6.1. Environmental Services – offered no objections subject to the inclusion of conditions relating to noise, waste, floodlighting and dust management on site. 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 – offered no objections, subject to the inclusion of conditions relating to access provision, the provision of an appropriate visibility splay, the undertaking of a dilapidation survey and the approval of a Traffic Management Plan for the construction phase. 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 objections have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 11 - Energy Policy 14 - Design, quality and place Policy 18 - Infrastructure first Policy 26 - Business and industry 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 8 - Employment Policy 18 - Renewable Energy 45
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SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy RE1 - Renewable Energy Policy ICD2 - Non-Conforming Uses in Core Industrial Areas 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) Scottish Government Energy Storage Planning Advice (2013) 10. Assessment and Discussion 10.1. Introduction 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 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 a designated Core Industrial and Business Area, Policy 26 – Business and industry of NPF4 and Policy 8 – Employment of SLLDP2 is applicable. Policy 26 of NPF4 seeks to encourage, promote and facilitate business and industry uses. The policy seeks to ensure that there is a suitable range of sites that meet current market demand for business and industry uses and seeks to support development proposals for business and industry uses where they are compatible with the primary business function of the area. 10.3. It is noted that, in this case, the proposal would result in the loss of designated core business and industry land to a renewable energy use that would not generate employment on site beyond the initial construction stage. The site in question would no longer be available for a business and industry use once developed as a battery storage facility. The loss of a core business and industry site to a use that would not generate any permanent on-site employment would not encourage, promote or facilitate business and industry uses and would not help to ensure that there is a suitable range of sites that meet market demand for business and industry uses in designated areas. As such, the proposals do not comply with the provisions of Policy 26 of NPF4. 10.4. Policy 8 – Employment of SLLDP2 seeks to encourage the development of business in South Lanarkshire through the identification of employment land use areas. All developments within Core Industrial and Business Areas require to be retained for business and industry use with exceptions only supported where they are fully compliant with the provisions of Policy ICD2 - Non-Conforming Uses in Core Industrial 46
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Areas. Policy ICD2 requires all non-business and industry uses proposed to be sited within Core Industrial Areas to be considered against the following criteria:- a. The effect the proposal will have on the continuity of the marketable industrial land supply in terms of quantity, range and quality. b. Development for residential use will not be permitted. c. The proposal must not undermine the vitality and viability of existing town and local centres within South Lanarkshire and should follow the sequential approach as set out in LDP2 Policy 10. d. That the development of the site or premises would not adversely affect the industrial operation, amenity, industrial character or function of the area, including traffic movement and circulation. e. The site or premises has been subject to a marketing appraisal for uses within classes 4, 5 and 6 to the Council’s satisfaction and has been actively marketed for these uses for a minimum period of six months. f. The site or premises can easily be accessed from main road routes and has satisfactory access by walking, cycling and public transport. g. The infrastructure implications, including the impact on the transport network of the development are acceptable, or can be mitigated to an acceptable level. h. The proposal includes appropriate parking provision for the type of development. i. The development shall have no significant impact on the natural and historic environment and no adverse impact on the integrity of any Natura 2000 sites. The policy also requires proposals for non-conforming uses to be accompanied by a business plan demonstrating the viability of the business and a justification for locating in an industrial area. 10.5. In this instance the proposed development would have an adverse impact in terms of a) above, as it would result in the loss of a designated site within a core industrial area to a use that would not generate permanent on-site employment beyond the initial construction phase. Furthermore, with regard to e) above, a marketing appraisal for Class 4, 5 and 6 uses have not been provided in respect of the site as part of the submission. With regard to industrial land supply, South Lanarkshire Council appointed property consultants Ryden LLP to provide a suite of employment land and property market reports for the area and four specific locality reports including one focused on East Kilbride. The report found that all areas of South Lanarkshire have very limited industrial availability. East Kilbride reflects this with a 2.8% floorspace availability rate (Ryden May, 2024). The site is located in one of East Kilbride’s more modern industrial areas where demand tends to be highest. The report states that at this low level of vacancy, occupiers may experience very limited choice of premises, while demand for serviced plots continues against a critically low supply. The loss of this designated site to a non-employment use would further adversely impact on the already limited availability of industrial land within the town. Overall, it is not considered that there is appropriate justification in respect of the proposed siting of the battery storage facility at this designated core business and industry location, particularly given the identified shortage of industrial land within East Kilbride and it is noted that the proposals as submitted do not comply with the provisions of Policy ICD2. As such, the proposals do not represent an appropriate development at this location and fail to comply with Policy 8 of the adopted plan. 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 47
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benefits such as employment. Project design and mitigation should address matters including the impact upon amenity, the environment, biodiversity, road networks and similar matters. 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. Scottish Government Energy Storage Planning Advice (2013) suggests that authorities should consider whether sites within existing industrial land allocations or brownfield land are suitable for energy storage. 10.7. Council policy with regard to renewable energy as set out in Policies 18 and RE1 of the SLLDP and in 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. 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. 10.8. On balance, it is considered that the provision of this 20MW battery energy storage facility would not be viewed as essential infrastructure which would require to be located within a designated Core Business and Industry Area. In this respect, whilst the principle of such storage technology is supported by the Scottish Government and by the Council, there is no specific requirement for this proposal to be sited within a designated Core Business and Industry Area, particularly given the existing identified severely limited availability of such land in the East Kilbride area. In view of the above, it is considered that the principle of the development cannot be justified at this Core Business and Industry location. 10.9. 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. In this case it has been demonstrated to the satisfaction of the Planning Service that the development would not adversely impact on biodiversity interests and there are no specific concerns with regard to climate change issues associated with the proposal in this instance. 10.10. 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 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 48
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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. Given the business and industry location of the application site, it is not considered that the proposals would appear significantly out of place in visual terms. However, as noted elsewhere in the report, the impact of the proposed development on the marketable industrial land supply in terms of quantity, range and quality is considered to render the principle of the development unacceptable and this is considered to outweigh considerations with regard to layout, siting and design in this case. 10.11. 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 maximise net economic impact, including local and community socio-economic benefits such as employment. In this instance, appropriate justification has not been provided for the siting of this proposal within a designated Core Industrial and Business Area and, particularly given the severely limited availability of such land within the East Kilbride area, it is considered that the proposed development would significantly adversely affect the marketable industrial land supply in terms of quantity, range and quality in this case. 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 - Employment of the South Lanarkshire Local Development Plan 2 (2021) as it would result in the loss of a site designated as Core Industrial/Business land to a non-employment use and does not meet the criteria in respect of non-conforming uses as set out in Policy ICD2 (Non-conforming Uses in Core Industrial/Business Areas) of the plan. 02. The proposal would be contrary to Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas of the South Lanarkshire Local Development Plan 2 (2021) as it would adversely affect the marketable industrial land supply in terms of quantity, range and quality and it has not been satisfactorily demonstrated that the site has been subject to a marketing appraisal for uses within Classes 4, 5 and 6 to the Council's satisfaction. 03. 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 Core Business/Industry land use location and impact upon core business industry land supply. 04. The proposal would be contrary to Policy RE1 - Renewable energy of the South Lanarkshire Local Development Plan 2 (2021) as the proposal would have an adverse economic impact given its location within a designated Core Industrial/Business land use location and sufficient justification in terms of economic benefit to the area has not been satisfactorily provided, outside of temporary, short term economic activity associated with the construction of the facility. As such, the proposal fails to satisfactorily take into account the considerations, criteria and guidance contained 49
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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). 05. 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 of this proposal would have a significant adverse impact on the function of a site that is designated for employment uses and, as such, does not maximise socio-economic benefits due to its location, lack of employment opportunities and direct economic benefit to the community. 06. The proposal would be contrary to Policy 26 - Business and Industry of National Planning Framework 4 (2023) as it would result in the loss of designated employment land to a non-employment use and, as such, would not be compatible with the primary business function of the area. David Booth Executive Director (Community and Enterprise Resources) Date: 25 November 2024 Background Papers Further information relating to the application can be found online:- P/24/0970 | Installation of a 20 MW Battery Energy Storage System (BESS) with associated infrastructure | Plot 4A Hurlawcrook Road East Kilbride (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 50
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1020 Proposal: Installation of 110 metre tall meteorological mast for a temporary period up to 5 years Site Address: Land 1.9km west of South Shortcleugh Farm B7040 from Elvanfoot to Leadhills Elvanfoot Biggar ML12 6TD Applicant: Renewco Power Agent: N/A Ward: 03 – Clydesdale East Application Type: Full Planning Application Advert Type: Lanark Gazette Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant subject to conditions Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 8 53
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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 an objection from a statutory consultee. 2. Site Description 2.1. The application site is located on top of a hill that is approximately 1.9km west of South Shortcleugh Farm, Elvanfoot. 2.2. The area around the proposed site is a designated South Lanarkshire Special Landscape Area, due to its importance to the Natural and Historic Environment. The proposed site and the surrounding landscape consists of low hills that are covered in grassland. The site will be a distance of 460 metres from the B7040. 3. Description of Proposed Development 3.1. Planning permission is sought for the installation of a 110-metre-high meteorological mast. The mast will be erected for a temporary period of up to 5 years. 4. Relevant Planning History 4.1. The site has no relevant planning history. 5. Supporting Information 5.1. None 6. Consultations 6.1. National Air Traffic Services (NATS) – No objection. Response: Noted. 6.2. West of Scotland Archaeology Service – No objection. Response: Noted. 6.3. Ministry of Defence (MOD) – No objection subject to conditions. Response: Noted. 6.4. Nature Scotland – No objection. Response: Noted. 6.5. Scottish Environmental Protection Agency (SEPA) – No objection. 6.6. Leadhills Community Council – Object to the proposal as there is no need for this mast as a previous proposal for a windfarm in this area was refused following a public inquiry. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 4 objections have been received. The issues raised are summarised as follows:- Landscape Proposed masts and access routes for plant machinery pose a significant threat or harm to the local ecosystem and archaeological sites of national importance. Development of this land risks both disturbance of hazardous materials to wildlife, livestock, community and damage to nationally significant historical sites [history of lead mining in area]. The area is home to a variety of protected wildlife. 54
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The proposed meteorological mast and its related masts would constitute an unacceptable and unnecessary intrusion on the landscape. Other Matters Similar renewable applications were refused by the Scottish Government in 2019. First attempt at a windfarm in the area was rejected due to being detrimental to the local community and landscape. Non-material planning matters Human hunting of hares on the hills. 7.2. The above issues will be considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. National Planning Framework 4 8.2. National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1: Tackling the climate and nature crises Policy 2: Climate mitigation and adaptation Policy 3: Biodiversity Policy 14: Design, quality and place 8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 4: Green Belt and Rural Area Policy 5: Development Management and Placemaking Policy 14: Natural and Historic Environment SLLDP2 Volume 2 Policies Policy GBRA1: Rural Design and Development Policy NHE16: Landscape Supplementary Guidance Natural and Historic Environment – Supplementary Guidance 9 9. Guidance 9.1. None. 55
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10. Assessment and Discussion 10.1. Principle of Development Detailed planning permission is sought for the installation of a 110-metre-high metrological mast for a temporary period of up to 5 years. The application site is to the northeast of Leadhills and southwest of Elvanfoot – where renewable infrastructure already exists. The application site is located on top of a natural forming hill. 10.2. This application is one of three planning applications for meteorological masts that have been submitted to obtain wind speed and directional data to inform the design and implementation of the Ravengill Renewable Energy Park. Masts if approved, would be installed for a period of up to 5 years to allow for collection of adequate wind speed and directional information. The purpose of a meteorological mast to obtain additional data at this location is considered to be acceptable and comply with the relevant policies in the development plan. Climate Change 10.3. 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. Given the scale and nature of the proposed development, it is not considered that any action is required within the context of the development management process. Policy 3 of NPF4 outlines that local developments should conserve, restore, and enhance the biodiversity value of a site. However, the proposal would have minimal impact on the biodiversity value of its grassland site and is a temporary measure. Therefore, it would not be proportionate to seek biodiversity enhancements in this instance. Layout, Siting and Design 10.4. Policy 14 of NPF4 intends to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle that will support proposals for quality places, spaces and sustainable environments. 10.5. South Lanarkshire Local Development Plan Policy 4 promotes development in appropriate locations within the green belt or rural area that is appropriate in land use terms. In terms of the proposed site, the site is a remote grassland covered hill, thus the erection of a temporary mast to monitor wind speeds would not disrupt the long- term amenity of the landscape. 10.6. Policy 5 promotes proposals that address sustainability issues through carbon reduction measures and energy efficient design, layout and site orientation. 10.7. Policy 14 Natural and Historic Environment will assess development proposals in terms of their own impact on the natural and historic environment, including biodiversity, geodiversity and landscape. A sub policy in the SLLDP2 is NHE16 Landscape, which aims to ensure that development can be accommodated without having an unacceptable or significant adverse effect on the landscape character. In terms of the proposal, the proposed mast would have little impact on the grassland environment when installed, would only be for a temporary period and would not be visually prominent. 10.8. Policy GBRA1 of the SLLDP2 provides specific guidance on design within the rural landscape, referring to supplementary planning guidance (SPG) documents, in this case Supplementary Guidance 9. 56
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10.9. In relation to the design of the meteorological mast, the mast will be a slender aluminium alloy pole secured by 29 guy wires fixed by 12 ground anchors that will be between 30 and 15 metres from the base of the mast. 10.10. The mast would be visible within the immediate surroundings. However, due to the slender pole and wire cabling, it would have a minimal visual impact and could be removed from the site at the end of the temporary period allowing the restoration of the natural landscape. Conclusion 10.11. The proposed meteorological mast complies with Policies 1, 2, 3 and 14 of the National Planning Framework 4 and Policies 2, 4, 5 and NHE16 and GBRA1 of the Local Development Plan 2. The proposed mast would have a minimal visual or detrimental impact on the landscape character in the short-term and, as a result, no other material considerations would justify the refusal of planning permission. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation: Grant subject to the following conditions: 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. Planning permission is hereby granted for a temporary period only and shall cease to have effect on 31 December 2029 (the 'cessation date'). Prior to the cessation date, the application site shall be cleared of all development approved under the terms of this permission (including any subsequent ancillary works, infrastructure, fixtures, fittings and any temporary developments permitted under Class 14 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended)) and reinstated to a condition comparable with that of the adjoining land, to the satisfaction of the Planning Authority. Reason: In recognition of the temporary nature of the proposed development, to enable the Planning Authority to reassess the impact of the development after a given period of time and secure removal and restoration. 03. Prior to commencing construction of the meteorological mast, or deploying any construction equipment or temporary structure(s) 15 metres or more in height (above ground level) the undertaker must submit an aviation lighting scheme for the approval of South Lanarkshire Council in conjunction with the Ministry of Defence defining how the development will be lit throughout its life to maintain civil and military aviation safety requirements as determined necessary for aviation safety by the Ministry of Defence. This should set out: a) details of any construction equipment and temporary structures with a total height of 15 metres or greater (above ground level) that will be deployed during the construction of the meteorological mast and details of any aviation warning lighting that will be fitted with; and b) the locations and height of the meteorological mast featured in the development identifying those that will be fitted with aviation warning lighting identifying the position of the lights on the wind turbine generators; the type(s) of lights that will be fitted and the performance specification(s) of the lighting type(s) to be used. Thereafter, the undertaker must exhibit such lights 57
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as detailed in the approved aviation lighting scheme. The lighting installed will remain operational for the lifetime of the development. Reason: To maintain aviation safety. 04. The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of the works, in writing of the following information: a) the date of the commencement of the erection of a meteorological mast; b) the maximum height of any construction equipment to be used in the erection of the meteorological mast; c) the date the mast is brought into use; d) the latitude and longitude and maximum heights of the meteorological mast. The Ministry of Defence must be notified of any changes to the information supplied in accordance with these requirements and of the completion of the construction of the development. Reason: To maintain aviation safety 12. Reason for Decision 12.1. The proposal is appropriately designed and scaled with no adverse visual or amenity impacts in accordance with Policies 1, 2, 3 and 14 of the adopted National Planning Framework 4 and Policies 2, 4, 5 and NHE16 and GBRA1 of the adopted Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 25 November 2024 Background Papers Further information relating to the application can be found online:- P/24/1020 | Installation of a 110m tall meteorological mast for a temporary period of up to 5 years | Land 1.9km West Of South Shortcleugh Farm B7040 From Elvanfoot To Leadhills Elvanfoot Biggar ML12 6TD (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 58
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1022 Proposal: Installation of 110 metre tall meteorological mast for a temporary period up to 5 years Site Address: Land 1.45km east of Hass B7040 from Elvanfoot to Leadhills Leadhills Biggar South Lanarkshire Applicant: Renewco Power Agent: N/A Ward: 03 – Clydesdale East Application Type: Detailed Planning Application Advert Type: Lanark Gazette Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant subject to conditions Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 9 61
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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 an objection from a statutory consultee. 2. Site Description 2.1. The application site is an area of land that is approximately 1.45km east of Hass, Leadhills. The landscape around the site is geographically low hills that are covered by grassland. However, the site location is a hill of a higher elevation than the surrounding landscape. 2.2. The area around the proposed site is a designated South Lanarkshire Special Landscape Area, with the site location bearing an importance to the Natural and Historic Environment. The site will be a distance of 1,354 metres from the B7040 and the proposed site will be over 2,500 metres east of Leadhills. 3. Description of Proposed Development 3.1. Planning permission is sought for the installation of a 110-metre-high meteorological mast. The mast will be erected for a temporary period of up to 5 years. 4. Relevant Planning History 4.1. The site has no relevant planning history. 5. Supporting Information 5.1. None 6. Consultations 6.1. National Air Traffic Services (NATS) – No objection. Response: Noted. 6.2. West of Scotland Archaeology Service – No objection. Response: Noted. 6.3. Ministry of Defence (MOD) – No objection subject to conditions. Response: Noted. 6.4. Nature Scotland – No objection. Response: Noted. 6.5. Scottish Environmental Protection Agency (SEPA) – No objection. Response: Noted 6.6. Leadhills Community Council – Object to the proposal as there is no need for this mast as a previous proposal for a windfarm in this area was refused following a public inquiry. Response: Noted. 6.7. Edinburgh Airport – No objection. Response: Noted. 6.8. Glasgow Airport – No objection. Response: Noted. 62
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 4 objections have been received. The issues raised are summarised as follows:- Landscape Proposed masts and access routes for plant machinery pose a significant threat or harm to the local ecosystem and archaeological sites of national importance. Development of this land both risks disturbance of hazardous materials to wildlife, livestock, community and damage to nationally significant historical sites [history of lead mining in area]. The area is home to a variety of protected wildlife. The proposed meteorological mast and its related masts would constitute an unacceptable and unnecessary intrusion on the landscape. Other Matters Similar renewable applications were refused by the Scottish Government in 2019. First attempt at a windfarm in the area was rejected due to being detrimental to the local community and landscape. Non-material planning matters Human hunting of hares on the hills. 7.2. The above issues will be considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. National Planning Framework 4 8.2. National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1: Tackling the climate and nature crises Policy 2: Climate mitigation and adaptation Policy 3: Biodiversity Policy 14: Design, quality and place 8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 4: Green Belt and Rural Area Policy 5: Development Management and Placemaking Policy 14: Natural and Historic Environment 63
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SLLDP2 Volume 2 Policies Policy GBRA1: Rural Design and Development Policy NHE16: Landscape Supplementary Guidance Natural and Historic Environment – Supplementary Guidance 9 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development Detailed planning permission is sought for the installation of a 110-metre-high metrological mast for a temporary period of up to 5 years. The application site is to the east of Leadhills and west of Elvanfoot – where renewable infrastructure already exists. The application site is located on top of a naturally forming hill. 10.2. The mast, if approved, would be installed for a period of up to 5 years to allow for collection of adequate wind speed and directional information. The purpose of a meteorological mast to obtain additional data at this location is considered to be acceptable and comply with the relevant policies in the development plan. Climate Change 10.3. 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. Given the scale and nature of the proposed development, it is not considered that any action is required within the context of the development management process. Policy 3 of NPF4 outlines that local developments should conserve, restore, and enhance the biodiversity value of a site. However, the proposal would have minimal impact on the biodiversity value of its grassland site and is a temporary measure. Therefore, it would not be proportionate to seek biodiversity enhancements in this instance. Layout, Siting and Design 10.4. Policy 14 of NPF4 intends to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle that will support proposals for quality places, spaces and sustainable environments. 10.5. South Lanarkshire Local Development Plan Policy 4 promotes development in appropriate locations within the green belt or rural area that is appropriate in land use terms. In terms of the proposed site, the site is a remote grassland covered hill, thus the erection of a temporary mast to monitor wind speeds would not disrupt the long- term amenity of the landscape. 10.6. Policy 5 promotes proposals that address sustainability issues through carbon reduction measures and energy efficient design, layout and site orientation. 10.7. Policy 14 Natural and Historic Environment will assess development proposals in terms of their own impact on the natural and historic environment, including biodiversity, geodiversity and landscape. A sub policy in the SLLDP2 is NHE16 Landscape, which aims to ensure that development can be accommodated without having an unacceptable or significant adverse effect on the landscape character. In terms of the proposal, the proposed mast would have little impact on the grassland 64
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environment when installed, would only be for a temporary period and would not be visually prominent. 10.8. Policy GBRA1 of the SLLDP2 provides specific guidance on design within the rural landscape, referring to supplementary planning guidance (SPG) documents, in this case Supplementary Guidance 9. 10.9. In relation to the design of the meteorological mast, the mast will be a slender aluminium alloy pole secured by 29 guy wires fixed by 12 ground anchors that will be between 30 and 15 metres from the base of the mast. 10.10. The mast would be visible within the immediate surroundings. However, due to the slender pole and wire cabling, it would have minimal visual impact and will removed from the site at the end of the temporary period, allowing the restoration of the natural landscape. Conclusion 10.11. The proposed meteorological mast complies with Policies 1, 2, 3 and 14 of the National Planning Framework 4 and Policies 2, 4, 5 and NHE16 and GBRA1 of the Local Development Plan 2. The proposed mast would have a minimal visual or detrimental impact on the landscape character in the short-term and, as a result, no other material considerations would justify the refusal of planning permission. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation: Grant subject to the following conditions: 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. Planning permission is hereby granted for a temporary period only and shall cease to have effect on 31 December 2029 (the 'cessation date'). Prior to the cessation date, the application site shall be cleared of all development approved under the terms of this permission (including any subsequent ancillary works, infrastructure, fixtures, fittings and any temporary developments permitted under Class 14 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended)) and reinstated to a condition comparable with that of the adjoining land, to the satisfaction of the Planning Authority. Reason: In recognition of the temporary nature of the proposed development, to enable the Planning Authority to reassess the impact of the development after a given period of time and secure removal and restoration. 03. Prior to commencing construction of any meteorological mast, or deploying any construction equipment or temporary structure(s) 15 metres or more in height (above ground level) the undertaker must submit an aviation lighting scheme for the approval of the South Lanarkshire Council in conjunction with the Ministry of Defence defining how the development will be lit throughout its life to maintain civil and military aviation safety requirements as determined necessary for aviation safety by the Ministry of Defence. This should set out: a) details of any construction equipment and temporary structures with a total height of 15 metres or greater (above ground level) that will be 65
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deployed during the construction of the meteorological mast and details of any aviation warning lighting that it will be fitted with; and b) the location and height of the mast featured in the development identifying and the aviation warning lighting identifying the position of the lights on the wind turbine generators; the type(s) of lights that will be fitted and the performance specification(s) of the lighting type(s) to be used. Thereafter, the undertaker must exhibit such lights as detailed in the approved aviation lighting scheme. The lighting installed will remain operational for the lifetime of the development. Reason: To maintain aviation safety. 04. The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of the works, in writing of the following information: a) the date of the commencement of the erection of a meteorological mast; b) the maximum height of any construction equipment to be used in the erection of the meteorological mast; c) the date the meteorological mast is brought into use; d) the latitude and longitude and maximum heights of the meteorological mast. The Ministry of Defence must be notified of any changes to the information supplied in accordance with these requirements and of the completion of the construction of the development. Reason: To maintain aviation safety 12. Reason for Decision 12.1. The proposal is appropriately designed and scaled with no adverse visual or amenity impacts in accordance with Policies 1, 2, 3 and 14 of the adopted National Planning Framework 4 and Policies 2, 4, 5 and NHE16 and GBRA1 of the adopted Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 25 November 2024 Background Papers Further information relating to the application can be found online:- P/24/1022 | Installation of a 110m tall meteorological mast for a temporary period of up to 5 years | Land 1.45km East Of Hass B7040 From Elvanfoot To Leadhills Leadhills Biggar 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 66
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Report Agenda Item Report to: Planning Committee Date of Meeting: 3 December 2024 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1049 Proposal: Change of use of agricultural farmland to form an agricultural vehicle, plant and machinery sale yard including the erection of two agricultural sheds and associated works (Retrospective) Site Address: Stoneside of Dripps Farm Cartside Highway Thorntonhall G74 5AP Applicant: Carnbroe Estates Ltd Agent: North Planning and Development Ltd Ward: 09 East Kilbride West Application Type: Full Planning Permission Advert Type: Non-Notification of Neighbours and Development Contrary to the Development Plan: East Kilbride News 18 September 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 10 69
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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 an area of agricultural land located immediately to the north of the existing farmhouse and main agricultural buildings forming Stoneside of Dripps Farm. The application site is located approximately 1.8km south-west of Thorntonhall. It is relatively level, and it is comprised mainly of a section of an existing agricultural field together with a smaller section of the existing yard associated with the farm. The site is located within the Green Belt as designated in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 3. Description of Proposed Development 3.1. The applicant seeks retrospective detailed planning consent for the change of use of agricultural land to form a vehicle, plant, and machinery sales yard. This includes the erection of two new agricultural sheds and associated works, including the formation of the hardstanding which would form the sales yard, the erection of boundary fencing, landscaping and the erection of vehicular access gates. 3.2. The larger of the two structures proposed (Shed A) has a square footprint with each side approximately 18.4 metres in length, and has a pitched roof, approximately 8.2m in height to the ridge. This building is located in the north-west corner of the proposed sales yard and is finished with metal sheeting on the walls and roof along with two roller shutter doors to the front of the building. 3.3. The smaller structure (Shed B) is located on the south-eastern edge of the site and has a footprint of approximately 9.2m by 18.5m with a pitched roof approximately 5.6m in height to the ridge. This is principally finished in timber cladding with a sheet metal roof. 3.4. The applicant has advised that the larger of the two new structures (Shed A) is used primarily for vehicle and machinery maintenance and for the display and sale of vehicles, plant, and machinery, whilst the smaller (Shed B) is intended for general agricultural and livestock use associated with the adjacent farm. 3.5. The works have already been carried out on site as the applicant has advised that they were unaware of the requirement to apply for planning permission for this proposal. As such, this application has been submitted retrospectively. 4. Relevant Planning History 4.1. The applicant previously submitted a very similar application for this site. Planning consent was refused for the retrospective change of use of agricultural land to form an agricultural vehicle, plant and machinery sales yard, and the erection of two sheds by the Planning Committee at its meeting on 8 August 2023 (P/21/2155). This is effectively a repeat application with some additional supporting information and the inclusion of landscaping to try to screen the site. 4.2. In addition to the above, Stoneside of Dripps Farm has seen a considerable amount of recent development including the erection of several new and replacement agricultural sheds. An application for the erection of 7 new agricultural sheds was approved in March 2024 (P/23/0789). 70
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4.3. Consent was also approved in January 2023 for the part-change of use and conversion of one of the existing agricultural buildings at the farm to form a new dwellinghouse (P/21/2133). 4.4. Finally, it has been noted that another structure and yard appears to have been formed to the immediate north of the site of this proposed sales yard, but this does not fall within the scope of this application, and it can be investigated separately in line with the Enforcement Charter. 5. Supporting Information 5.1. Planning Statement by North Planning and Development dated 16 August 2024 This supporting statement sets out the applicant’s justification for the proposed development and an assessment against policy. The limited size of the site in comparison to the wider farm is noted, and the mix of agricultural and vehicle sales uses is detailed. The report confirms that the business relocated to the farm from a site in Bellshill during the pandemic and that the co-location of the vehicle sales yard with the farm benefits the applicant. The report describes the vehicle sales yard as farm diversification, and that the farm would not be economically viable without the vehicle sales business. The document and wider submission seek to respond to the previous planning refusal by providing further information in respect of the operational characteristics of the proposals, their inherent connections with the existing agricultural operations and more robust landscaping and screening. 6. Consultations 6.1. Roads Development Management – – have raised no objections to the proposal. Response: Noted. 6.2. Environmental Services – have raised no objections to the proposal subject to the inclusion of relevant advisory notes on the decision notice. Response: Noted. These matters could be addressed on the decision notice if the application was to be approved. 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 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 26 - Business and Industry Policy 29 – Rural Development 71
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8.3. South Lanarkshire Local Development Plan 2 (2021) The application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 8 - Employment SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA2 - Business Proposals within Green Belt and Rural Area Policy DM1 - New Development Design South Lanarkshire Council (SLC) Supporting Planning Guidance None 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Full planning permission is sought in retrospect for the change of use of agricultural land to form an agricultural vehicle, plant, and machinery sales yard at Stoneside of Dripps Farm, Thorntonhall. 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 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. Developments need to be designed to ensure it is of an appropriate scale and appearance that minimises visual impact and there will be no significant long-term impacts on the environmental quality of the Green Belt. 72
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10.3. NPF4 Policy 26 – Business and Industry states that proposals for storage and distribution uses outwith areas identified for this type of use will only be supported where it is shown there are no suitable alternatives allocated in the LDP and that the nature and scale of the activity is compatible with the surrounding area. NPF4 Policy 29 - Rural Development states that development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported. Proposals should be suitably scaled, sited and designed to be in keeping with the character of the area. 10.4. In addition to the above, SLLDP2 Policy 4 - Green Belt and Rural Area would 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. Isolated and sporadic development will not be supported. 10.5. The proposed operation of a large-scale vehicle, plant and machinery sales yard is not an appropriate use for a Green Belt location, and it fails to comply with any of the criteria outlined above. The applicant has provided no reasonable justification as to why a Green Belt location is required for this form of commercial development and it is noted that there are suitable sites for this use designated within the LDP in urban areas within relatively close proximity of the site, including within East Kilbride. The applicant has sought to frame the business as farm diversification, but the proposed development is not of a scale that could be considered as ancillary to the existing farming business or an intensification of an established use and is not agricultural in nature given the commercial and plant vehicles on sale. The desire to relocate this business to land already owned by the applicant and near their other businesses is understood, but this is not an appropriate Green Belt use. 10.6. The proposal would also have a significant adverse impact upon the visual amenity of the area as such a large area of hardstanding encircled by fencing is not in-keeping with the character of the Green Belt, and the development is more suited to urban industrial areas. The open storage of large numbers of commercial vehicles would also be visually prominent and there is insufficient screening to limit the impact upon the wider area. A small amount of landscaping is proposed to try to screen the site, which was not included on the previous application, but this limited landscaping would be completely insufficient to successfully screen the site. The proposal would not be compatible with the countryside nature of the location. As such, the proposal would not comply with Policies 8, 26 and 29 of NPF4 and SLLDP2 Policy 4 and is unacceptable in principle. 10.7. Policy 8 – Employment of the SLLDP2 identifies a number of employment land use areas. Outwith these areas, sites are assessed on their own merits. In terms of the SLLDP2 Policy GBRA2 - Business Proposals within Green Belt and Rural Area, it sets out a range of business uses which are considered appropriate for location in the Green Belt and Rural Area. These include: justified extensions to existing rural business, some farm diversification proposals, and businesses which can operate entirely from existing rural residential properties, former farm steadings or existing buildings (including agriculture engineering and contracting businesses, rural/agricultural repair services and the limited storage of buses or caravan storage). 73
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10.8. Limited new build for farm diversification proposals will only be considered exceptionally and generally within the rural area, beyond the Green Belt, only. In addition, in exceptional circumstances, proposals for larger scale business development that generates wider economic benefits and demonstrates a specific locational need and satisfactory mitigation of any adverse impacts may be supported. 10.9. The proposed development cannot be considered as an intensification of an existing rural business or as a farm diversification proposal due to its overall scale and nature and given the extent of new building work and the area of hardstanding formed within the Green Belt. Whilst there are a number of types of businesses which could be justified in the Green Belt under LDP Policy GBRA2, including rural/agricultural repair services and limited bus or caravan storage, these should be operated from existing buildings. This proposal includes a large area of new build to support the proposed operation of the business, thus not compliant with the criteria within SLLDP2 policies 8 and GBRA2. It is also noted that the business previously traded remotely from the application site for many years, and that its relocation to the farm is a more recent development. 10.10. Finally, in terms of the principle of the development, the applicant has not provided any significant justification in terms of the business having any wider economic or employment benefits or any specific locational need to be located within the Green Belt which would serve as a material consideration in the assessment of this proposal. The comments within the Planning Statement regarding the economic viability of the farm without the vehicle sales yard are noted, but it is also recognised that the farm has seen significant investment and development in recent years, and that there are more suitable alternative urban sites within reasonable proximity to the farm to which the vehicle sales business could relocate to and continue trading. As such, the proposal does not comply with SLLDP2 Policies 8 and GBRA2. 10.11. Climate Change The isolated location would not support policy aims of tackling the climate crisis as the site is not readily accessible through public transport, and is not situated in a sustainable location, thus failing to comply with NPF4 Policy 1 - Tackling the Climate and Nature Crises and NPF4 Policy 2 - Climate Mitigation and Adaptation which together aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. In addition, SLLDP2 Policy 2 - Climate Change states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The application site within the Green Belt is not considered to be sustainable and fails to comply with these policies as it would generate new trips by private vehicles and, therefore, would not address the reduction of greenhouse gases/emissions or help towards addressing the climate emergency. Whilst some staff may live locally, it is considered that many staff and all customers would likely need to travel by private car to reach the site. 10.12. Layout, Siting and Design In terms of layout, siting and design, SLLDP2 Policy 5 Development Management and Placemaking and Policy DM1 - New Development Design require development proposals to take account of and be integrated within the local context and built form. New development should also have no significant adverse impacts on the local community. The proposed development must provide suitable access, parking, and connection to public transport, as well as encouraging active travel, having no adverse implications for public safety and incorporating inclusive access. In addition, SLLDP2 Policy GBRA1 - Rural Design and Development sets out the criteria which all proposed developments in the Green Belt and Rural Area will require to adhere to. This includes 74
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respecting the existing built form, landform, local landscape character and setting, and having no unacceptable significant adverse environmental impact on the amenity of the surrounding area. Proposals should also incorporate suitable boundary treatment and landscaping proposals to minimise the visual impact of the development on the surrounding landscape. 10.13. The proposal would introduce an urban-style commercial vehicle sales yard into a Green Belt location, and its scale and nature would not respect the existing setting. In addition, even with the landscaping noted on this revised application, it does not incorporate appropriate boundary treatments or sufficient landscaping proposals to minimise the visual impact of the development, the parking and large numbers of commercial vehicles at the site, upon the wider landscape. While the proposed sheds in isolation would be of a relatively common agricultural style design; the overall scale and nature of the development as a whole would have an unacceptable environmental impact upon the amenity of the surrounding area. In addition, the site’s Green Belt location would not encourage active travel or have a connection to public transport. As such, the proposal would not comply with SLLDP2 Policies 5, DM1 or GBRA1. 10.14. In summary, this application is very similar to the proposal refused under application P/21/2155 and additional information has been provided by the applicant seeking to address the reasons for refusal of the previous application. Plans have been amended to add some additional landscaping, however, the overall scale, nature and design of the proposal is generally unchanged from the previous application. Following a detailed assessment, it is considered that the proposal does not comply with the relevant policies of the development plan (NPF4 and SLLDP2) and that there are no material considerations which would justify granting consent contrary to the development plan. The refusal of planning consent is therefore recommended. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposed development is not for agricultural, forestry, recreation or other uses appropriate to the countryside and it is a form of development which would not require to be located within the Green Belt contrary to Policy 4 of the South Lanarkshire Local Development Plan 2 (2021). 02. The proposed development and operation of a commercial and plant vehicle sales business is not an appropriate Green Belt use, and no justification has been provided as to why a Green Belt location is required for this form of development. The proposal, by its scale and nature, would have an adverse impact upon the visual amenity and character of the area contrary to Policy 8 of the National Planning Framework 4 (2023). 03. The proposed development is not ancillary or intensification or an extension of an established business and would not be appropriate in the Green Belt. No wider economic or employment benefits or any specific locational need to be sited within the Green Belt has been provided. As such, the proposal is not considered to have been appropriately justified and the proposal is contrary to Policy GBRA2 of the South Lanarkshire Local Development Plan 2 (2021). 75
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04. The proposal would have an unacceptable significant adverse impact upon the local area in terms of its visual impact due to its overall scale, the nature of the development and lack of screening. The location of the site would also not encourage active travel or have a connection to public transport contrary to Policy 5 of the South Lanarkshire Local Development Plan 2 (2021). 05. The proposal would not respect the local context or be appropriate to the character of the site in terms of its overall scale, visual appearance and lack of suitable landscaping and screening contrary to Policy DM1 of the South Lanarkshire Local Development Plan 2 (2021). 06. The proposal would have an unacceptable adverse environmental impact on the amenity of the surrounding area due to the overall scale and nature of the development, and it would not be sited in a manner that respects the existing setting, contrary to Policy GBRA1 of the South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 25 November 2024 Background Papers Further information relating to the application can be found online:- P/24/1049 | Change of use of agricultural farm land to form an agricultural vehicle, plant and machinery sale yard including the erection of two agricultural sheds and associated works (Retrospective) | Stoneside Of Dripps Farm Cartside Highway Thorntonhall G74 5AP (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 76
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