Agenda Document Pack - Planning Committee - 04/02/2025
South Lanarkshire Council · 4 February 2025
Back to Planning Committee — 4 February 2025 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, 27 January 2025 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, 04 February 2025 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 3 December 2024 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Application P/23/0619 for Installation of Air Source Heat Pump (Retrospective) at Plot 23, Waterlands Road, Law, Carluke Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 16 4 Application P/23/0927 for Installation of 9.8 Megawatt (MW) Battery Storage Facility and Associated Infrastructure at Land 290 Metres North Northwest of 3 Leadhills Road, Elvanfoot, Biggar Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 17 - 28 5 Application P/23/1183 for Installation of Air Source Heat Pump to Side of House (Retrospective) at Plot 29, Waterlands Road, Law, Carluke Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 29 - 34 6 Application P/23/1581 for Mixed Use Development, Including Residential, Community Facilities, Open Space, Distributor Road, Primary School and Neighbourhood Retail Centre (Approval of Matters Specified in Condition 2 of Planning Consent CR/15/0007 (which varied CR/09/0139) to Facilitate the Erection of 206 Residential Dwellings and Associated Works and Discharge of the Remaining Condition of Associated Planning Permission in Principle) at Newton Farm POD 2F, Harvester Avenue, Cambuslang Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 35 - 42 7 Application P/23/1613 for Installation of a 49.9 Megatwatt (MW) Battery Energy Storage Facility (BESS) with Associated Infrastructure at Sheriffaulds Farm, Muttonhole Road, Hamilton Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 43 - 52 8 Application P/24/0808 for Erection of 6 Dwelling Flats and Associated Infrastructure at Land 50 Metres South of 1A Wilkie Road, Wilkie Road, Uddingston Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 53 - 62 9 Application P/24/1038 for Change of Use of After School Care Facility (Class 10) to Retail (Class 1A) and Associated Alterations at 20 Argyle Drive, Hamilton Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 63 - 70 2
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10 Application P/24/1149 for Installation of 33 Kilovolt (kV) Underground Electrical Cable (4.5km in Length) Supplementing Consented Overhead Lines, Electrical Kiosk, Associated Ancillary Infrastructure and Access to Connect Priestgill Wind Farm to Elvanfoot Substation at Development Location Spanning from Littlegill Farm to Elvanfoot Substation Via Abington and Leadhills Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 71 - 82 11 Application P/24/1171 for Demolition of Detached Garage, Alterations/Land Engineering Operations Including Retaining Walls and Erection of 4 Bedroom Detached House at 24 Covanburn Avenue, Hamilton Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 83 - 90 12 Application P/24/1184 for Part Change of Office Building (Class 4) to Veterinary Surgery (Class 1A) on Entirety of Ground Floor and Mix of Business Use and Veterinary Surgery on First Floor at 1 Biggar Business Park, Market Road, Biggar Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 91 - 98 13 Application P/24/1379 for Residential Development Comprising 105 Dwellings, MUGA, Landscaping and Associated Infrastructure (Section 42 Application to Vary Condition 15 of Planning Consent P/22/0056 to Facilitate Alterations to the Approved Landscaping Scheme) at Land 115 Metres Northwest of 52 Rickard Avenue, Strathaven Report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 99 - 110 Urgent Business 14 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero and the Council Chamber, Council Offices, Almada Street, Hamilton on 3 December 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 Alistair Fulton, Councillor Cal Johnston-Dempsey, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Celine Handibode, Councillor Graeme Horne, Councillor Martin Lennon Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services; D Russell, Planning Area Manager (West Team) Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests No interests were declared. Councillor Toner made a transparency statement in relation to item 6 of the agenda – 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, as she had been made aware, since requesting that the application be considered by the Planning Committee, that a new agent, who sometimes employed the services of one of her relatives as a consultant, had been appointed to act on behalf of the applicant. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 5 November 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Electricity Infrastructure Consents A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted:- informing members of the application and decision-making process currently in place in Scotland for proposals for new electricity infrastructure 2 5
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advising members of the Council’s response to the UK Government’s consultation on electricity infrastructure consenting in Scotland The Scottish Government had powers to determine applications to develop new, or replace/extend existing electricity infrastructure in Scotland involving generating stations with a capacity of over 50 megawatts (MW) under Section 36 of the Electricity Act 1989 and network projects involving the construction or replacement of overhead lines under Section 37 of the Act. Generating stations could include wind farms, solar farms, battery energy storage systems (BESS) and hydrogen production. Planning Authorities determined applications for generating stations with a capacity lower than 50MW and were statutory consultees for applications with a capacity of over 50MW. Details of the current application and decision-making process and proposed changes to the process were provided in the report. A copy of the Council’s response to the UK Government’s consultation on electricity infrastructure consenting in Scotland was attached as Appendix 1 to the report. The Committee decided: (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 UK Government’s consultation on electricity infrastructure consenting in Scotland, attached as Appendix 1 to the report, be noted. 4 Planning and the Housing Emergency – Scottish Government Delivery Plan A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted on the Planning and the Housing Emergency Delivery Plan published by the Scottish Government on 12 November 2024. The Scottish Government had declared a national housing emergency in May 2024 in recognition of the problems with the country’s housing system, specifically the shortage of affordable, quality housing and, in this context, had published the Delivery Plan with the aim of tackling the challenges to delivering new housing development. This required planning authorities, developers, key agencies and other consultees to work together to focus on addressing the housing emergency. The delivery plan set out a series of actions that the Scottish Government expected to be progressed over the next 6 months which were categorised as follows:- policy delivery efficiency capacity The report provided details of the next steps to be taken in terms of progressing the actions set out in the Delivery Plan and the wide range of work that was already being carried out by the Council to streamline the planning application process to help deliver new housing development. The Committee decided: that the actions contained in the Planning and the Housing Emergency Delivery Plan published by the Scottish Government on 12 November 2024 be noted. 6
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5 Application P/23/0191 for Erection of 14 Houses with Associated Roads and Landscaping at Land Adjoining St Andrews Drive, Law, Carluke A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0191 by Wilson Developments (Law) Limited for the erection of 14 houses with associated roads and landscaping at land adjoining St Andrews Drive, Law, Carluke. At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning applications which required completion of a Legal Agreement. If approved, the application would be subject to a Legal Agreement and/or other appropriate mechanism and the approved procedure would apply. There followed a discussion on the application during which the Chair and an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/23/0191 by Wilson Developments (Law) Limited for the erection of 14 houses with associated roads and landscaping at land adjoining St Andrews Drive, Law, Carluke 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 the applicant [Reference: Minutes of 7 July 2015 (Paragraph 15)] 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 A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0719 by Gioca Leisure Limited for the change of use of a 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. The application had been referred to Committee for consideration following a request by Councillor Toner which, in terms of section 4B 17 (f) of the Council’s Scheme of Delegation, had been approved by the Chief Planning Officer, in consultation with the Chair. Points raised in a further representation were referred to at the meeting and addressed by an officer. Following discussion, during which an officer responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be refused for the reasons detailed in the Executive Director’s report. Councillor Johnston-Dempsey, seconded by Councillor Ross, moved that the application be granted subject to appropriate conditions being prepared by officers on the grounds that, although the development was contrary to the Development Plan, the site was suitable for the proposed use. On a vote being taken using the electronic voting system, 6 members voted for the amendment and 14 members voted for the motion which was declared carried. 7
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The Committee decided: that planning application P/24/0719 by Gioca Leisure Limited for the change of use of a 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 be refused for the reasons detailed in the Executive Director’s report. [Reference: Minutes of the Planning and Local Review Body held on 4 November 2024 (Paragraph 2)] Councillor Toner, having made a transparency statement in relation to this item, withdrew from the meeting during its consideration 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 The Chair advised that this application had been withdrawn at the request of the applicant. The Committee decided: to note the position. 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 A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1020 by Renewco Power for the installation of a 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. The Committee decided: that planning application P/24/1020 by Renewco Power for the installation of a 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 be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1022 by Renewco Power for the installation of a 110 metre tall meteorological mast for a temporary period of up to 5 years at land 1.45km east of Hass, B7040 from Elvanfoot to Leadhills, Leadhills, Biggar. The Committee decided: that planning application P/24/1022 by Renewco Power for the installation of a 110 metre tall meteorological mast for a temporary period of up to 5 years at land 1.45km east of Hass, B7040 from Elvanfoot to Leadhills, Leadhills, Biggar be granted subject to the conditions specified in the Executive Director’s report. 8
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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 A report dated 25 November 2024 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1049 by Carnbroe Estates Limited for the 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. Points raised in a letter sent to members of the Committee were referred to at the meeting and addressed by an officer. 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/24/1049 by Carnbroe Estates Limited for the 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 be refused for the reasons detailed in the Executive Director’s report. [Reference: Minutes of 8 August 2023 (Paragraph 4)] 11 Urgent Business There were no items of urgent business. Chair’s Closing Remarks The Chair extended the compliments of the season to all members and officials present. 9
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/0619 Proposal: Installation of Air Source Heat Pump (retrospective) Site Address: Plot 23 Waterlands Road Law Carluke ML8 5EX Applicant: Mr Tom Smith Agent: ILG Design Ward: 01 – Clydesdale West Application Type: Householder Advert Type: Not applicable Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 3 11
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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 is a recently constructed single storey dwellinghouse that was granted planning permission in 2020. The property is located to the east of the West Coast Main Railway Line and is on a moderately sized plot situated at the edge of Law. The application site is screened by a 1.8-metre-high wooden fence on all sides at the rear of the property. 2.2. The Air Source Heat Pump (ASHP) is located on the side elevation of the property and is approximately 5.1 metres away from the gable wall of 21 Waterlands Road which contains a window and door. 2.3. The ASHP does not face onto habitable rooms at 21 Waterlands Road. 3. Description of Proposed Development 3.1. Planning permission is sought for the retrospective installation of an Air Source Heat Pump (ASHP) to the side elevation of a dwellinghouse. The ASHP faces the rear garden and is located at ground level, extending to 1.6m in height, 0.6m in width. It is set back approximately 1.3m from the boundary fence. 4. Relevant Planning History 4.1. The site was granted planning permission in 2020 for the ‘erection of a single storey dwellinghouse with attic accommodation and associated access’ (P/20/0344). The installation of an ASHP formed part of the proposal which was approved. 4.2. However, the ASHP was not installed as per the approved details since it was located in a slightly different position. On 17 May 2023, following a complaint and an associated enforcement enquiry (ENP/22/0429), an application was submitted for the retrospective installation of an ASHP in the revised location. 5. Supporting Information 5.1. None. 6. Consultations 6.1. Environmental Services – No objection to the proposal. They did request the submission of a noise impact assessment in support of the application from the applicant, however, this has never been submitted. However, several visits have been made to the site from Environmental Services in relation to noise. Response: It is noted that Environmental Services have never advised that the ASHP as installed is unacceptable in terms of noise. 7. Representations 7.1. Following the statutory period of neighbour notification, a total of 16 representations have been received (15 objections, 1 support). The issues raised are summarised as follows:- Noise The ASHP creates noise which impacts on neighbouring properties and residents, creating noise that can be heard inside buildings which affects sleep, residential amenity and prevents neighbours enjoying their garden. Noise from the ASHP is impacting on a neighbouring dog. 12
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Other Matters The disturbance from the ASHP impacts on the mental health of neighbours. The ASHP was installed without a Microgeneration Certification Scheme (MCS) Certificate. Non-material planning matters The ASHP will impact on property values. 7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1: Tackling the climate and nature crises Policy 2: Climate mitigation and adaptation Policy 16: Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 3: General Urban Areas and Settlements Policy 5: Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM2: House Extensions and Alterations South Lanarkshire Council (SLC) Supporting Planning Guidance Development at a Dwellinghouse 9. Guidance 9.1. None 10. Assessment and Discussion 10.1. Principle of Development Planning permission is sought for the retrospective installation of an air source heat pump to the side elevation of a dwellinghouse. The site is located at the edge of the general urban area of Law, in close proximity to the West Coast Main Railway Line. 13
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10.2. In most instances, the addition of an ASHP is generally considered permitted development. However, in this instance, the ASHP was not deemed to be permitted development as the applicant did not have the MCS Certificate at the time of installation. Nevertheless, in general planning terms, the installation of an ASHP is deemed to have a minimal impact on the amenity of the surrounding residential area. 10.3. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. 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. 10.4. Layout, Siting and Design Policy 16 of NPF4 intends to provide quality homes and identifies that householder proposals will be supported where they do not have a detrimental impact on the character of the house or the surrounding area or a detrimental effect on neighbouring amenity by way of physical impact, overlooking or overshadowing. Policies 3 and 5 of SLLDP2 have similar aims to the NPF4 policies. Policy DM2 of the SLLDP2 provides specific guidance on residential alterations and extensions, referring to Development at a Dwellinghouse supplementary planning guidance (SPG). 10.5. In relation to overlooking and overshadowing, the proposal is for an air source heat pump, thus overlooking and overshadowing do not have any baring with this application. 10.6. In relation to the scale and physical impact of the proposal, the ASHP dimensions are 1.5 metres in height by 0.6 metres in width. The ASHP is located on the side elevation and is screened by a traditional boundary fence. The ASHP would not be overbearing and would have a minimal physical impact as a result of its size and location. 10.7. The ASHP does not face onto habitable rooms of the neighbouring property. The closest rooms in the neighbouring property are a utility room on the ground floor and a bathroom on the first floor. 10.8. Noise and Nuisance Following an enforcement enquiry (ENP/22/0429) and subsequent report to Police Scotland, who chose to take no action over noise complaints, a retrospective planning application was submitted. 10.9. Environmental Services were consulted and they had no objections to the retrospective proposal. Following further noise complaints, Environmental Services later requested a noise impact assessment (NIA) in support of the proposal from the applicant but this was never submitted. Environmental Services have visited the affected property on several occasions and not encountered any noise issues requiring further action to be taken. 10.10. An objector to the proposal supplied a third-party NIA. The information within it is noted. In particular, reference is made to mitigation measures such as an ‘acoustic fence’. However, it has not been established that there is an unacceptable noise impact from the ASHP as installed. Should there be a statutory noise nuisance then appropriate investigations and any necessary actions could be taken by Environmental Services. The closest elevation of the neighbouring property to the ASHP is the gable elevation which does not have any openings for habitable rooms. Since it has not 14
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been established that there is an unacceptable noise issue associated with the operation of the ASHP, no mitigation measures are required. 10.11. Conclusion The proposal complies with Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) and will not result in a detrimental impact on either visual or residential amenity. There are no other material considerations which would justify the refusal of planning permission. 11. Recommendation 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission with no conditions. 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 and 16 of the adopted National Planning Framework 4 and Policies 2, 3, 5 and DM2 of the adopted Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/23/0619 | Installation of Air Source Heat Pump (retrospective) | Plot 23 Waterlands Road Law Carluke ML8 5EX (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 15
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/0927 Proposal: Installation of 9.8 Megawatt (MW) battery storage facility and associated infrastructure Site Address: Land 290M NNW of 3 Leadhills Road, Elvanfoot, Biggar Applicant: Elvanfoot Battery Storage Limited Agent: Muirhall Energy Ltd Ward: 3 - Clydesdale East Application Type: Full Planning Permission Advert Type: Schedule 2 and Non-notification of Neighbours: Lanark Gazette 23 August 2023 and 13 September 2023 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 4 17
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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 is located to the northwest of the settlement of Elvanfoot and is situated within the designated rural area. The site extends to approximately 2.8ha and includes land to both the north and south of the B7040 (Leadhills Road). The site relates to established grassland and part of the site boundary is enclosed by post and wire fencing. The gradient of the site falls from west to east. 2.2. The site is bounded to the north and east by grassland. In addition, there is a Scottish Water control building and further to the east are residential properties. To the south, the site is bound by a gas governor compound, a telecoms mast and further by grassland. To the west, the site is enclosed by Elvanfoot substation, which is a key strategic asset in Scotland’s central and southern transmission network. The substation is currently being extended and upgraded (under the provisions of planning consent P/23/0451) to facilitate the connection of renewable energy schemes including Priestgill wind farm, to the network. 3. Description of Proposed Development 3.1. Planning permission is sought for the installation of a 9.8 Megawatt (MW) battery storage facility and associated infrastructure at land at Leadhills Road, Elvanfoot. 3.2. Battery Energy Storage Systems (BESS) store electrical energy in batteries which can subsequently be discharged, as required. This technology can contribute to providing stability in the electricity network by balancing supply and demand. In relation to the current proposal, energy is generated in the surrounding area and transmitted to the adjacent Elvanfoot substation. However, during periods of excess energy production, the proposed BESS system will be able to store the surplus energy via the Elvanfoot substation until it is required. 3.3. The proposal is for the formation of a BESS facility and includes the formation of new vehicular access from the northern side of the B7040. The battery units and Power Conversion System units (PCS) will be enclosed within containers of a similar appearance to shipping containers. The proposed development comprises:- 8 battery containers (approximately 12.2m x 2.4m and 2.6m in height) 2 Power Conversion System (PCS) unit containers (approximately 12.2m x 2.4m and 2.6m in height) A kiosk building (approximately 6.3m x 4.5m and 3.6m in height) A substation building (approximately 10.1m x 2.4m with a pitched roof, 3.7m at its tallest point) Palisade fencing (approximately 3 metres in height) Lighting columns (approximately 6 metres in height) 3.4. The development relates to two areas, the batteries and the PCS units are proposed to be situated in the northwest of the site and the substation compound is proposed to be situated within the southeast part of the site. The batteries and PCS containers are proposed to be positioned in two rows with an access path between them. The access and area hosting the containers will be finished in hardstanding to allow for appropriate installation and maintenance of the containers and equipment. In addition, the site will be enclosed by palisade fencing. 18
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3.5. The supporting statement submitted as part of the planning application package identifies that the applicant had an agreed grid connection date of December 2024 for the development. However, the proposed connection relating to the battery storage facility has been re-scheduled for August 2026 and the statement further identifies that the connection at Elvanfoot substation has already been installed to facilitate this. 4. Relevant Planning History 4.1. An application for a screening opinion request for a ‘proposed battery storage facility (Environmental Impact Assessment (EIA) Screening Request)’ (P/22/1687) was submitted to the Planning Service. It was determined on 5 January 2023 that an EIA was not required in relation to the proposed development. 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Supporting Information Documents (Design and Site Entrance, Road Safety Audit Response) Supporting Statement Flood Risk Assessment and Surface Water Management Plan Noise Impact Assessment Phase 1 Desk Study Part 1 and 2 Archaeological Desk Based Assessment Flood Risk Assessment and Drainage Strategy Ecological Appraisal Fire Safety Management Plan 6. Consultations 6.1. Environmental Services – No objections subject to conditions and an advisory note relating to noise and construction activity. Response: Noted. 6.2. Roads Development Management Team - No objection to the proposed development, subject to conditions relating to the undertaking of a road dilapidation survey, visibility splays and the submission of a construction phase Traffic Management Plan. Response: Noted. 6.3. Nature.Scot - No objections to the proposal. Response: Noted. 6.4. SGN High Pressure Pipeline - No objections to the proposal. Response: Noted. 6.5. SEPA - No objections to the proposal. Response: Noted. 6.6. West of Scotland Archaeology Service - No objection to the proposal, subject to a condition relating to the implementation of a programme of archaeological works. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 8 representations have been received. The issues raised are summarised as follows:- 19
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Design and Amenity Loss of residential amenity for nearby properties. The visual intrusion of another industrial-scale facility in the area. This is not an appropriate site for a BESS facility and the proposal should be on an industrial site not in the countryside. The proposal will have an adverse impact on an established rural setting. The operation of a battery storage facility could potentially generate noise and vibration. Light pollution. Impact on the Natural Environment Concern regarding the environmental impact of the proposal. Adverse impact on wildlife, including protected species. Impacts on the existing peatland within the site. Roads Related Matters Increased traffic during both the construction and ongoing maintenance activities associated with the site. The construction traffic associated with the current extension to the existing substation is of concern to local residents and the proposal will exacerbate this issue. There are issues with the accuracy of the Transport Assessment. Other Matters Raised Concerns regarding the health and safety risks associated with the development. The development has the potential to explode and catch fire. Fires at such facilities can produce toxic gasses. There is a disregard for people who live within the area. The development will reduce the value of nearby properties. There are alterative locations that would have far less of an impact. The submitted supporting information is not accurate. The proposal is contrary to a number of policies within the adopted Local Plan. 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. 8.2. National Planning Framework 4 (2023) National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 4 - Natural Places Policy 11 - Energy Policy 29 – Rural Development 20
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8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy DM1 - New Development Design 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:- Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) 10. Assessment and Discussion 10.1. Introduction Detailed planning permission is sought for the installation of 9.8 Megawatt (MW) battery storage facility and associated infrastructure at Leadhills Road, Elvanfoot. The determining issues in the consideration of this application are its compliance with national policy, local development plan policy and its impact on residential amenity, traffic safety, environmental matters and infrastructure issues. 10.2. Principle of Development Policy 11 of NPF4 seeks to encourage, promote and facilitate all forms of renewable energy development which includes energy generation, storage, new and replacement transmission and distribution infrastructure. Part (a) of Policy 11 states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported and these include:- i. wind farms, including repowering, extending, expanding and extending the life of existing wind farms ii. enabling works, such as grid transmission and distribution infrastructure iii. energy storage, such as battery storage and pumped storage hydro iv. small scale renewable energy generation technology v. solar arrays vi. proposals associated with negative emissions technologies and carbon capture; and proposals including co-location of these technologies 10.3. It is considered that the principle of the proposed battery energy storage facility in Elvanfoot accords with the provisions of part (iii) of Policy 11 which offers clear support for energy storage systems. In addition, the design of the proposal incorporates mitigation measures which seek to minimise the impact of the development on residential amenity, road traffic issues including during construction, the visual impact and the effects on the environment and ecology in accordance with part (d) of Policy 21
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11 of NPF4. Subsequently, it is considered that the proposal accords with the provisions of Policy 11 of NPF4. 10.4. The application site is situated within the designated rural area and is affected by Policy 29 of NPF4. Policy 29 seeks to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area is protected. Part (a) of Policy 29 identifies a list of development proposals which will be supported and this includes (v) essential infrastructure. Part (b) of the policy states that development proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. 10.5. Scottish Ministers regard some of the BESS developments as essential infrastructure required to enhance energy security by providing flexibility and resilience as part of the wider electricity network. It is considered that this is a location specific development as the site is situated in very close proximity to the Elvanfoot substation, which has a strategic role in the provision of energy transmission. In addition, it is considered that the proposal has been designed and mitigation proposed, including a robust landscaping scheme, to minimise the impact on the character of the rural area. Following assessment, it is considered that the principle of the development of the site for a BESS facility raises no issues within the context of Policy 29 of NPF4. 10.6. In terms of Local Plan policy, the site is situated in the designated rural area. Policy 4 of the adopted Local Development Plan establishes that within the rural area the Council seeks to protect the amenity of the countryside while simultaneously supporting small scale development that is appropriate in land use terms. It is considered that the proposed development is site specific, given its proximity to the established substation, and relates to extension works being undertaken to facilitate the connection of renewable energy schemes as this proposed BESS will store energy during periods of excess production. It is considered that, in this instance, the proposed land use can be supported and raises no significant issues in the context of Policy 4 of the adopted South Lanarkshire Local Development Plan 2. 10.7. Policies 1 and 2 of NPF4 and Policy 2 of the adopted Local Development Plan seek to reduce emissions, ensure our places are more resilient to climate change and establish that any new development should provide mitigation against the impacts of climate change. The proposed battery facility will have the ability to store energy generated from renewable sources and therefore the principle of the development accords with the provisions of Policies 1 and 2 of NPF4 and Policy 2 of the adopted South Lanarkshire Local Development Plan 2. 10.8. 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 which includes battery storage. Therefore, the principle of the development accords with this guidance. 10.9. Layout, Siting and Design In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area and to promote quality and sustainability in its design. In addition, new development should also have no significant adverse impacts on the local community. Whilst it is noted that there are a number of residential properties in the wider area, the adjacent land uses include a gas governor compound, a telecoms mast, a Scottish Water control building and Elvanfoot substation. In addition, the surrounding area contains existing overhead electrical lines associated with this infrastructure. Therefore, the directly surrounding 22
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land uses appear industrial in nature and it is considered that the proposed infrastructure, which will be surrounded by a robust planting screen, will not be out of keeping with the established area. 10.10. In terms of amenity, it is considered that the robust planting screen will minimise the potential visual impact of the development at the site. In addition, a number of supporting documents including a Noise Impact Assessment and a lighting scheme have been submitted and reviewed. Subsequently, subject to conditions, Environmental Services have not raised any concerns in this regard. It is considered that the design, location and scale of the proposed development is acceptable and will not result in a significant adverse impact on the adjacent land uses and raises no issues within the context of Policies 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2. 10.11. Natural Environment NPF4 Policy 3 details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. In addition, the policy states that any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment should be minimised through careful planning and design. The proposal includes a new landscaping scheme which will improve the biodiversity impact of the development and in their consultation response Nature Scot advised that they welcome the proposed approach taken to minimise the potential impact on the peat resource at the site. Therefore, it is considered that the proposal accords with the provisions of Policy 3 of NPF4. 10.12. Policy 4 of NPF4 requires that where proposals are likely to have an impact on a protected species, steps must be taken to establish its presence and a level of protection then afforded. An Ecological Appraisal has been submitted and Nature Scot have advised in their consultation response that they support the proposed Habitat Management Plan, in accordance with the provisions of Policy 4 of NPF4. 10.13. With regards to the other matters raised in the representations, following a detailed assessment Roads, Transportation and Fleet Services consider that the proposal is acceptable in terms of access, parking and road safety issues. In relation to the issue of health and safety, it is considered that this will be managed on site and Environmental Services have not raised any concerns in this regard. In relation to the matter of fire safety at the site, a Fire Safety Management Plan has been undertaken. In addition, it is noted that all the supporting information submitted in relation to the application has been the subject of detailed review and consultation. Regarding the issue of an alterative site for the development, it is necessary to fully assess the application as submitted. In addition, concern regarding a potential reduction in the value of nearby properties is not a material consideration in the determination of the current planning application. 10.14. Conclusion In conclusion, the proposal relates to the installation of a battery energy storage system which will have the facility to store excess energy generated from renewable sources. Whilst the proposal is situated within the designated rural area, the development is location specific due to its proximity to Elvanfoot Electricity Substation. The design, layout and general impact of the development is considered to be acceptable, subject to robust screening, and the proposal raises no significant environmental or infrastructure issues. Overall, it is considered that the proposal complies with the provisions of the relevant policies within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2. It is therefore recommended that the application be granted subject to the conditions listed. 23
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11. Recommendation and Conditions 11.1 The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That unless otherwise agreed in writing with the Planning Authority, if the battery storage facility fails to export electricity for a continuous period of 12 months, then within 6 months of expiry of this time period a scheme which details the removal of the energy storage facility, associated infrastructure and proposed ground restoration shall be submitted to the Planning Authority. Following written approval by the Planning Authority, the site restoration scheme shall be implemented within 6 months of the date of the approval of this document to the satisfaction of the Council as Planning Authority. Reason: To ensure that if the development becomes redundant the equipment is removed from the site and the site fully restored. 03. That before the development hereby approved is brought into use, the approved landscaping scheme (Landscape General Arrangement Drawing 230009-LAGA-P001-A) shall be completed. Reason: In the interests of visual amenity. 04. That no development shall commence until the mitigation recommendations identified in the Ecological Appraisal (dated 16 August 2023), prepared by ITP Energised, are undertaken. Reason: To protect established species. 05. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: These details have not been submitted or approved. 06. That before the development hereby approved is brought into use, that the noise levels (including all noise from the development source) shall comply with the parameters identified below and the limits are based on the supporting documents:- 24
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• The ITP Energised, Elvanfoot BESS Noise Impact Assessment, Muirhall Energy, Project/Proposal No: 5951, Version: V1.0 Date: 2023-07-17 • Cognisance to the supporting Wood document, Elvanfoot Substation - Noise, Impact Assessment, Prepared for SP Energy Networks, Doc Ref: VDN.806681.R.001, Rev: B1, Date: September 2021 Part 1 Between the hours of 08:00 and 20:00 the measured cumulative noise rating level emitted from development and the existing Elvanfoot Substation (LAr,1hr) shall not exceed the background noise level (LA90,30min) by more than 4dB within the curtilage of any pre-existing residential amenity area. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019- Method for Rating and Assessing Industrial and Commercial Sound at the proposed development. Between the hours of 20:00 and 08:00 the noise rating level emitted from development and the existing Elvanfoot Substation (LAr,15 min) shall not exceed the background noise level (LA90,30 min) by more than 4dB. This shall be measured in accordance with BS 4142:2014+A1:2019 at pre-existing residential amenity area. Part 2 The internal noise levels resultant from the cumulative noise level emitted from the development and the existing Elvanfoot Substation as they affect any existing residential property shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) The internal levels with windows open do not exceed an LAeq,16hr of 40dB daytime (07:00 - 23:00) b) The internal levels with windows open do not exceed an LAeq,8hr of 30dB night-time (23:00 - 07:00) c) The internal levels with windows open do not exceed an LAmax of 45dB night-time (23:00 - 07:00) d) The external levels shall not exceed an LAeq,16hr of 50dB daytime in any garden amenity areas, when measured free-field Part 3 The internal cumulative noise levels emitted from both the development and the existing Elvanfoot substation, as measured within any existing residential property, shall not exceed:- • NR25 between 23.00hrs and 08.00hrs • NR35 between 08.00hrs and 23.00hrs Reason: In the interests of amenity. 07. For the avoidance of doubt, following the construction of the approved development the Planning Authority can request that the developer appoint an independent consultant (whose appointment shall be approved by the Planning Authority) to provide a written evaluation of the level of noise emissions or light illuminance from the development. If the assessment identifies a breach of the noise limits conditioned, suitable mitigation shall be implemented within a timescale agreed to the satisfaction of the Council as Planning Authority. Reason: In the interests of amenity. 25
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08. That prior to works commencing on site the applicant shall submit, for the written approval of the Council as Roads Authority, detailed proposals for formation of the site entrance with 7.3 metre wide access and 10.5 metre radii. The access shall have a bituminous surface for 15.0 metres measured from the nearside channel line, with the first 2.0 metres constructed to adoptable standards with a continuous flush kerb delineation to the rear. The works shall include resurfacing to the existing carriageway centreline of the B7040 over the extent of the bell mouth, with a system of drainage to prevent surface water discharging onto the public road. Site security gates shall be located a minimum of 15 metres back from the nearside road channel line and open inwards or be a sliding type of gate arrangement. The design shall be supported by a Stage 2 Road Safety Audit and be accompanied by a Designers Response. Reason: In the interests of traffic and public safety. 09. That the access works required by the terms of the above condition shall be implemented on site, prior to the commencement of any other construction activity. Reason: To ensure the provision of satisfactory vehicular access. 10. That a 2.4 metre by 160 metre visibility splay shall be provided in both directions and that the visibility splay shall be free of obstructions exceeding 1.05metres in height measured relative to the adjacent road channel level of the B7040. This visibility splay shall remain in perpetuity for the lifetime of the development to the satisfaction of the Council as Planning and Roads Authority. Reason: In the interests of traffic safety. 11. That no works shall commence on site until a Construction Phase Traffic Management Plan (CPTMP) has been submitted to and approved in writing by the Council as Roads Authority. The CPTMP shall include details of the number and type of vehicles to be used during the construction phase including formation of access; swept path analysis for the longest delivery vehicles and the total weights and individual axle loads of any abnormal loads (if relevant), any temporary signage; and provisions for the reinstatement of or repair of road surfaces, verges or roadside features, by the operator, damaged by construction traffic. The CPTMP shall also include the following and all construction works shall be undertaken in accordance with the approved document:- a) Plan showing the intended transportation route to/from M74 motorway. b) Swept Path Analysis for the largest delivery vehicles (rigid and articulated). c) Where abnormal loads are required then these should be assessed separately to identify overrun areas and if necessary for abnormal loads by weight, then separate bridge inspections and assessments shall be submitted a minimum of 4-months before such loads are proposed to be moved. d) All temporary works including relocation of signs, advanced warning signing details, guardrails, bollards, street furniture and all temporary measures. e) Any alteration to the public road network. f) Details of the construction compound including staff car parking and turning area such that no construction or delivery vehicles shall park on the B7040. g) Details of proposed signage during the delivery and construction period. 26
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h) Emergency contact and nominated person for reporting of any road safety issues. i) Road cleaning systems to prevent mud/debris being deposited on the B7040. j) Arrangements for slinging of overhead cables across the B7040. k) A public relations strategy to inform the relevant communities of the programme of abnormal load deliveries. Reason: These details have not been submitted or approved. 12. That prior to any works commencing on site the applicant shall undertake a roads dilapidation survey, in the presence of a representative of the Council as Roads Authority. Interim and final surveys shall be undertaken as directed by the Council as Roads Authority. Each inspection shall be recorded in a report to include photographs, plans and a description of road condition, and be submitted for record purposes within timescales determined by the Council. The applicant shall be responsible for repairing damage attributable to their operations and undertake all necessary repairs within timescales stipulated by the Council as Planning and Roads Authority. Reason: These details have not been submitted or approved. 12. Reason for Decision 12.1 The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 4, 11 and 29 of the National Planning Framework 4 and raises no issues within the context of Policies 2, 4, 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/23/0927 | Installation of 9.8 Megawatt (MW) battery storage facility and associated infrastructure | Land 290M NNW Of 3 Leadhills Road Leadhills Road Elvanfoot Biggar 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 27
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1183 Proposal: Installation of Air Source Heat Pump to side of house (retrospective) Site Address: Plot 29 Waterlands Road Law Carluke ML8 5EX Applicant: Mr Joe Gilhaney Agent: ILG Design Ward: 01 – Clydesdale West Application Type: Householder Advert Type: Not applicable Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 5 29
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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 is a recently built two storey dwellinghouse that was granted planning permission in 2020. The property is located to the east of the West Coast Main Railway Line and is on a moderately sized plot situated at the edge of Law. The application site is enclosed by a 1.8-metre high wooden fence to the rear. 2.2. The Air Source Heat Pump (ASHP) is located on the side elevation (northwest) of the property and is approximately 12 metres away from the rear elevation of the neighbouring property at 21 Waterlands Road. 3. Description of Proposed Development 3.1. Planning permission is sought for the retrospective installation of an Air Source Heat Pump (ASHP) to the side elevation of a dwellinghouse. The ASHP is located at ground level, extending to 0.8m in height and 0.9m in width. 4. Relevant Planning History 4.1. The site was granted planning permission in 2020 for the ‘erection of a single storey dwellinghouse with attic accommodation and associated access’ (P/20/0344). The installation of an ASHP formed part of the proposal which was approved. 4.2. However, the ASHP was not installed as per the approved details since it was located in a slightly different position. An application for the retrospective installation of an air source heat pump was submitted on 13 September 2023 as a result of an enforcement enquiry (ENP/23/0107). 5. Supporting Information 5.1. A Microgeneration Certification Scheme (MCS) Certificate was obtained by the applicant on 8 January 2024 and submitted to the Council on 21 February 2024. 6. Consultations 6.1. Environmental Services – No objection to the proposal. They did request the submission of a noise impact assessment in support of the application from the applicant, however, this has never been submitted. However, several visits have been made to the site from Environmental Services in relation to noise. Response: It is noted that Environmental Services have never advised that the ASHP as installed is unacceptable in terms of noise. 7. Representations 7.1. Following the statutory period of neighbour notification, a total of 12 representations have been received (10 objections, 2 support). The issues raised are summarised as follows:- Noise The ASHP creates noise which impacts on neighbouring properties and can be heard inside buildings which affects sleep, residential amenity and prevents neighbours enjoying their garden. Other Matters The ASHP should be repositioned to where it was originally granted planning permission. 30
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The ASHP was installed without an MCS Certificate. 7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1: Tackling the climate and nature crises Policy 2: Climate mitigation and adaptation Policy 16: Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2: Climate Change Policy 3: General Urban Areas and Settlements Policy 5: Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM2: House Extensions and Alterations South Lanarkshire Council (SLC) Supporting Planning Guidance Development at a Dwellinghouse 9. Guidance 9.1. None 10. Assessment and Discussion 10.1. Principle of Development Planning permission is sought for the retrospective installation of an air source heat pump to the side elevation of a dwellinghouse. The site is located at the edge of the general urban area of Law, in close proximity to the West Coast Main Railway Line. 10.2. In most instances, the addition of an ASHP is generally considered permitted development. However, in this instance, the ASHP was not deemed to be permitted development as the applicant did not have the MCS Certificate at the time of installation. Nevertheless, in general planning terms, the installation of an ASHP is deemed to have a very minimal impact on the amenity of the surrounding residential area. 31
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10.3. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. 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. 10.4. Layout, Siting and Design Policy 16 of NPF4 intends to provide quality homes and identifies that householder proposals will be supported where they do not have a detrimental impact on the character of the house or the surrounding area or a detrimental effect on neighbouring amenity by way of physical impact, overlooking or overshadowing. Policies 3 and 5 of SLLDP2 have similar aims to the NPF4 policies. Policy DM2 of the SLLDP2 provides specific guidance on residential alterations and extensions, referring to Development at a Dwellinghouse supplementary planning guidance (SPG). 10.5. In relation to overlooking and overshadowing, the proposal is for an air source heat pump, thus overlooking and overshadowing do not have any baring with this application. 10.6. In relation to the scale and physical impact of the proposal, the ASHP dimensions are 0.8 metres in height and 0.9 metres in width. The ASHP is located on the side elevation and is screened by a traditional boundary fence. The ASHP would not be overbearing and would have a minimal physical impact as a result of its size and location. 10.7. The ASHP is 12 metres away from the nearest habitable room on the ground floor of 21 Waterlands Road. 10.8. Noise and Nuisance Following an enforcement enquiry (ENP/23/0107) a retrospective planning application was submitted. Environmental Services were consulted and they had no objections to the retrospective proposal. Following further noise complaints, Environmental Services later requested a noise impact assessment (NIA) in support of the proposal from the applicant but this was never submitted. 10.9. An objector to the proposal supplied a third-party NIA. The information within it is noted. In particular, reference is made to mitigation measures such as an ‘acoustic fence’. However, it has not been established that there is an unacceptable noise impact from the ASHP as installed. Should there be a statutory noise nuisance then appropriate investigations and any necessary actions could be taken by Environmental Services. Since it has not been established that there is an unacceptable noise issue associated with the operation of the ASHP, no mitigation measures are required. Environmental Services have visited the affected property on several occasions and not encountered any noise issues requiring further action to be taken. 10.10. Conclusion The proposal complies with Policies 1, 2, and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5 and DM2 of the Local Development Plan 2 (adopted 2021) and will not result in a detrimental impact on either visual or residential amenity. There are no other material considerations which would justify the refusal of planning permission. 32
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11. Recommendation 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission with no conditions. 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 and 16 of the adopted National Planning Framework 4 and Policies 2, 3, 5, DM2 of the adopted Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online: P/23/1183 | Installation of Air Source Heat Pump to side of house (retrospective). | 29 Waterlands Road Law Carluke ML8 5EX 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 33
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1581 Proposal: Mixed use development, including residential, community facilities, open space, distributor road, primary school and neighbourhood retail centre (Approval of matters specified in condition 2 of planning permission CR/15/0007 (which varied CR/09/0139) to facilitate the erection of 206 residential dwellings and associated works and discharge of the remaining condition of associated planning permission in principle) Site Address: Newton Farm POD 2F Harvester Avenue Cambuslang Applicant: Taylor Wimpey West Scotland Agent: N/A Ward: 14 Cambuslang East Application Type: Approval of matters specified in conditions Advert Type: Non-notification of neighbours: Rutherglen Reformer 10 January 2024 and 18 December 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Discharge conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 6 35
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under the terms of the approved South Lanarkshire Scheme of Delegation as it relates to a Major Planning Application. 2. Site Description 2.1. The application site relates to an area of land within the Newton Community Growth Area (CGA) known as POD 2F. The site extends to approximately 7.7 hectares and is located within the settlement boundary as identified in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 2.2. The site is relatively flat comprising of two main sections that would be linked. The site is bound to the north by a green buffer zone, to the west by a SUDs pond, and to the south and east by other housing developments. This site is part of Phase 2 of the CGA development and will be the last area to be developed. 3. Description of Proposed Development 3.1. Planning Permission in Principle CR/09/0139, for a mixed use development, including residential, community facilities, open space, distributor road, primary school and neighbourhood retail centre was approved in 2014. Planning permission CR/15/0007, approved in 2015, was submitted to vary a number of the planning conditions approved under CR/09/0139. 3.2. The current application for Matters Specified in Condition seeks to discharge Condition 2 (a-h) of planning permission CR/15/0007 to facilitate the erection of 206 residential dwellings and associated works on the last POD at the Newton CGA. This condition specifies that all relevant matters such as layout, siting, design, boundary treatments, landscaping, drainage etc are submitted to and approved by the Planning Authority. Condition 2 of CR/15/0007 is set out as follows:- 02. That prior to any phase commencing (Phases 2A to 2L), further applications for the approval of the matters specified in this condition for that phase must be submitted to and approved by the Council as Planning Authority. These matters are as follows:- (a) the layout of the site, including all roads, footways, parking areas and open spaces; (b) the siting, design and external appearance of all building(s) and any other structures, including plans and elevations showing their dimensions and type and colour of external materials; (c) detailed cross-sections of existing and proposed ground levels, details of underbuilding and finished floor levels in relation to a fixed datum, preferably ordnance datum; (d) the means of access to the site; (e) the design and location of all boundary treatments including walls and fences; (f) the landscaping proposals for the site, including details of existing trees and other planting to be retained together with proposals for new planting specifying number, size and species of all trees and shrubs; (g) the means of drainage and sewage disposal; and (h) details of the phasing of development (covering all relevant aspects of development detailed in (a) above). 36
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3.3. The proposed 206 dwellings would comprise of a mix of detached, semi-detached and terraced properties across 19 house types, finished in a variety of modern materials. The proposal includes links to existing and approved phases of development at the CGA. Access into the site would be formed via a new access from Harvester Avenue with soft landscaping proposed throughout the site. 4. Relevant Planning History 4.1. As outlined above, Planning Permission in Principle was granted for the Newton CGA in September 2014 under application CR/09/0139. The first 5 phases (2A-E) were granted as per Approval of Matters Specified in Conditions in 2015 under application CR/14/0155 and are now complete. Application CR/15/0007 was approved in 2015 to vary conditions of CR/09/0139. Pod 2G was approved under CR/17/0165, and Pods 2I and 2J approved under P/18/1041 which are now complete. Pod 2H was approved under P/20/0027 and is nearing completion. 5. Supporting Information The following information was submitted by the applicant in support of the application:- 5.1. Ecological Constraints Survey - this presents the findings of an ecological appraisal carried out at the site. 5.2. Flood Risk Assessment - reports on any existing flooding issues at the site and considers mitigation measures. 5.3. NPF4 Statement – this outlines the applicant’s assessment of the proposal in relation to NPF4. 6. Consultations 6.1. Community Council - no comments. 6.2. Environmental Services - no objections. Response: Noted. 6.3. Roads, Transportation and Fleet Services – no objections. Response: Noted. 6.4. Scottish Water - no objections. Response: Noted. 6.5. SEPA - no objections to the proposal and provided additional guidance on the proposal in relation to NPF4. Response: Noted. 6.6. SP Energy Networks - initially objected to the application due to proximity to transmission overhead lines. However, following discussions with the applicant, this objection has been removed. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 2 representations have been received (2 comments). The points raised are summarised as follows:- Infrastructure in Newton Farm needs to be improved before works commence Additional pedestrian links should be included 37
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8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable, liveable 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 13 – Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20-minute neighbourhoods Policy 16 – Quality homes Policy 18 – Infrastructure first Policy 22 - Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 7 – Community Infrastructure Policy 11 - Housing Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 – Sustainable Transport 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction and Principle of Development This is a “matters specified by condition” application to discharge condition 2 (parts a- h), as listed in the description, which was attached to Planning Permission CR/15/0007, varied from Permission in Principle CR/09/0139. This condition covers design, layout, ground levels, access, boundary treatments, landscaping, drainage and sewage disposal, and details of phasing. 38
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10.2. Following the determination of the previous Planning Permission in Principle application, the acceptability of a residential development on this site has already been established. 10.3. Matters Specified by Condition In relation to condition 2 parts (a) and (d), the applicant has provided a detailed site layout, which includes all roads, footways and parking areas within the site, including the provision of EV parking, and details of the access to the site. The Council’s Roads Development Management section have reviewed the layout and raised no objections. Furthermore, the parking requirements are acceptable. 10.4. Condition 2 parts (b), (c) and (e) require details of the siting, design and appearance of all buildings including details of materials, cross sections, finished floor levels and boundary treatments. Elevations, floor layouts and a materials schedule have been provided for each of the proposed house types. This includes a range of house types of varying sizes and layouts which is in compliance with the principles of the approved masterplan. Details of the locations and types of all boundary treatments have been provided, as well as levels information. The proposed plots are considered to meet the requirements of the RDG in terms of window-to-window distances, garden sizes and parking requirements. This detail is considered to be acceptable. 10.5. Condition 2 part (f) requires landscaping proposals including specification of number, size and species. The applicant has provided details which includes soft landscaping and planting, and a maintenance and planting schedule. A Biodiversity Strategy Plan which incorporates hedgehog highways, bee bricks and bug hotels within the development has also been submitted. The proposal also includes pedestrian links throughout the site, linking into adjacent developments and the core path network. Whilst one representation received requests additional pedestrian links, the detail submitted is considered to be acceptable. 10.6. In relation to condition 2 part (g); drainage and sewage, plans submitted detail the provision of a sustainable drainage system. A Flood Risk Assessment and full drainage details have been reviewed by the Council’s Flood Risk Management Team and SEPA, neither of which have any objections. Sewerage details have also been provided with Scottish Water also raising no objection. This detail is also considered to be acceptable. 10.7. Condition 2 part (h) requires details of the phasing of the development to be provided in relation to the detail contained within part (a). A supporting document has been provided outlining this which is considered to be acceptable. A representation received notes that the works on this site should not commence until the infrastructure throughout Newton Farm is provided. Whilst noted, this cannot be considered under this application. 10.8. Conclusion In conclusion, the principle of residential development on this site is supported by the existing Planning Permission in Principle and subsequent applications. The layout and design are considered to be acceptable and will satisfactorily integrate with other phases in the vicinity. The proposal will not result in any significant adverse amenity, environmental or safety impacts. On the basis of the above submitted application, the drawings and supporting information have addressed condition 2 (a-h) of planning permission CR/15/0007. It is therefore considered that approval of matters specified by condition 2 (a-h) of planning permission CR/15/0007 is appropriate. 39
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11. Recommendation 11.1. The Committee is asked to agree the following recommendation:- Grant approval of matters specified by condition 2 (a-h) of planning permission CR/15/0007. 12. Reason for Decision 12.1. The applicant has submitted the information necessary to discharge condition 2 (a-h) of planning permission CR/15/0007. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/23/1581 | Mixed use development, including residential, community facilities, open space, distributor road, primary school and neighbourhood retail centre (Approval of matters specified in condition 2 of planning permission CR15/0007 (which varied CR/09/0139) to facilitate the erection of 206 residential dwellings and associated works and discharge of the remaining condition of associated planning permission in principle) | Newton Farm POD 2F - Taylor Wimpey Harvester Avenue Cambuslang 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: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/1613 Proposal: Installation of a 49.9 MW battery energy storage facility (BESS) with associated infrastructure Site Address: Sheriffaulds Farm, Muttonhole Road, Hamilton Applicant: Big Battery (Sheriff Faulds Farm 1) Limited Agent: David Bowman Ward: 18 - Hamilton West and Earnock Application Type: Full planning permission Advert Type: Schedule 2 and Non-notification of Neighbours: Hamilton Advertiser March 2024 and January 2025 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 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 application site is located to the southwest of the strategic centre of Hamilton and is situated within the designated Greenbelt. The site extends to approximately 1.6 hectares and relates to existing agricultural land. 2.2. The gradient of the site falls from the north to the south and there are two sets of overhead lines within the site which run from the southwest to the southeast. The site boundary is established to the north, east and south by post and wire fencing. 2.3. The site is enclosed to the north by existing agricultural buildings and a tree line associated with Sheriffaulds Farm. In addition, the site is bound to the east by Muttonhole Road and further by Strathaven Electricity Substation, which is operated by SP Energy Networks and is of strategic importance to the transmission network in the central belt. To the south and west, the site is enclosed by agricultural land. 3. Description of Proposed Development 3.1. Planning permission is sought for the installation of a 49.9 MW battery energy storage facility (BESS) with associated infrastructure at Sheriffaulds Farm, Muttonhole Road, Hamilton. 3.2. Battery Energy Storage Systems (BESS) store electrical energy in batteries which can subsequently be discharged, as required. This technology can contribute to providing stability in the electricity network by balancing supply and demand. In relation to the current proposal, energy which is generated in the surrounding area, including at Blantyre Muir Wind Farm, is transmitted to the adjacent Strathaven substation. During periods of excess energy production, the proposed BESS system will be able to store the surplus energy via the Strathaven substation until it is required. 3.3. The proposed facility includes:- 13 battery units and 13 invertors a distribution network operator (DNO) compound a distribution network operator (DNO) breaker a switch room customer compound drainage pond CCTV cameras on 4m high columns security fencing 3.4. The battery units and switch room would be enclosed within metal containers. In addition, the development includes a drainage pond and the formation of a new access from Muttonhole Road to the facility. The proposed battery storage facility will be connected to the existing sub-station by underground cable. 3.5. As part of the planning application submission for this site, the agent has confirmed that the applicant applied for a 49.9MW grid connection with SP Energy Network in 2022. The agent has advised that the grid connection has been accepted and paid for and the proposed connection and commissioning relating to the battery storage facility is scheduled for April 2026. 44
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4. Relevant Planning History 4.1. A Proposal of Application Notice (PAN) for this proposed development was submitted in March 2023 (P/23/0005/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. In support of the planning application, the following has been submitted:- Noise Impact Assessment Landscape and Visual Assessment Fire Risk Management Plan Drainage Impact Assessment Construction Traffic Management Plan Archaeology and Heritage Survey Ecological Assessment Planning, Design and Access Statement including a Site Selection Addendum Lifecycle Carbon Assessment BESS Location Justification and Clean Energy Context Plan 6. Consultations 6.1. Environmental Services - No objections to the proposal. Response: Noted. 6.2. Roads Development Management Team - No objection to the proposed development, subject to conditions relating to the undertaking of a roads dilapidation survey, visibility splays and the submission of a construction phase Traffic Management Plan. Response: Noted. 6.3. SP Energy Networks - No objections to the proposal. Response: Noted. 6.4. West of Scotland Archaeology Service - No objection to the proposal, subject to a condition relating to the implementation of a programme of archaeological works. Response: Noted. 6.5. Countryside and Greenspace - No objections to the proposal. 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 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. 45
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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 4 – Natural Places Policy 8 - Green Belts Policy 11 – Energy 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 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy DM1 - New Development Design 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:- Draft Energy Strategy and Just Transition Plan: Delivering a Fair and Secure Zero Carbon Energy System for Scotland, Scottish Government (2023) Update to the Climate Change Plan 2018-2032: Securing a Green Recovery on a Path to Net Zero, Scottish Government (2020) 10. Assessment and Discussion 10.1. Introduction Detailed planning permission is sought for the installation of a 49.9 MW battery energy storage facility (BESS) with associated infrastructure at Sheriffaulds Farm, Muttonhole Road, Hamilton. The determining issues in the consideration of this application are its compliance with national policy, local development plan policy and its impact on residential amenity, traffic safety, environmental matters and infrastructure issues. 10.2. Principle of Development Policy 11 of NPF4 seeks to encourage, promote and facilitate all forms of renewable energy development which includes energy generation, storage, new and replacement transmission and distribution infrastructure. Part (a) of Policy 11 states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported and these include:- i. wind farms including repowering, extending, expanding and extending the life of existing wind farms; ii. enabling works, such as grid transmission and distribution infrastructure; iii. energy storage, such as battery storage and pumped storage hydro; iv. small scale renewable energy generation technology; v. solar arrays; 46
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vi. proposals associated with negative emissions technologies and carbon capture; and vii. proposals including co-location of these technologies. 10.3. It is considered that the principle of the proposed battery energy storage facility in Hamilton accords with the provisions of part (iii) of Policy 11 which offers clear support for energy storage systems. In addition, the design of the proposal incorporates mitigation measures which seek to address the impact of the development on residential amenity, road traffic issues including during construction, the visual impact and the effects on the water environment and ecology in accordance with part (d) of Policy 11 of NPF4. Subsequently, it is considered that the proposal accords with the provisions of Policy 11 of NPF4. 10.4. The application site is situated within the designated Greenbelt and is affected by Policy 8 of NPF4. Policy 8 establishes that development proposals within the designated Greenbelt will only be supported if they are, amongst other criteria, for:- essential infrastructure or new cemetery provision minerals operations and renewable energy developments intensification of established uses, including extensions to an existing building where that is ancillary to the main use and the following requirements are met:- reasons are provided as to why a green belt location is essential and why it cannot be located on an alternative site outwith the green belt the purpose of the green belt at that location is not undermined the proposal is compatible with the surrounding established countryside and landscape character the proposal has been designed to ensure it is of an appropriate scale, massing and external appearance, and uses materials that minimise visual impact on the green belt as far as possible there will be no significant long-term impacts on the environmental quality of the green belt 10.5. Scottish Ministers have regarded some of the larger 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. This 49.9 MW proposal relates to important energy infrastructure and this specific Greenbelt location is essential as the site is situated directly adjacent to the Strathaven Electricity Substation, which has a strategic role in the provision of energy supply. 10.6. In addition, it is considered that the proposal does not undermine the purpose of the Greenbelt at this location as the Greenbelt buffer between Hamilton and East Kilbride will be maintained and the development includes robust screening and wider landscape proposals which will minimise the visual impact on the Greenbelt. With regards to the long-term impact on the site, a condition can be attached to the consent to ensure an appropriate site restoration scheme is undertaken. Following assessment, it is considered that the principle of the development of the site for a BESS facility raises no issues within the context of Policy 8 of NPF4. 10.7. In terms of local planning policy, the site is situated in the designated Greenbelt. Policy 4 of the adopted Local Development Plan establishes that the Greenbelt functions primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. The policy further identifies that development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. A site selection review of alternative locations was 47
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submitted to the Planning Authority, however, the proposed development is site specific in its proximity to the established sub-station (which is situated within the established Greenbelt). Therefore, in this instance, the use of Greenbelt land to accommodate key energy infrastructure can be justified in the context of Policy 4 of the adopted South Lanarkshire Local Development Plan 2. 10.8. Policies 1 and 2 of NPF4 and Policy 2 of the adopted Local Development Plan seek to reduce emissions, ensure our places are more resilient to climate change and establish that any new development should provide mitigation against the impacts of climate change. The proposed battery facility will have the ability to store energy generated from renewable sources and therefore the principle of the development accords with the provisions of Policies 1 and 2 of NPF4 and Policy 2 of the adopted South Lanarkshire Local Development Plan 2. 10.9. 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 which includes battery storage. Therefore, the principle of the development accords with this guidance. 10.10. Layout, Siting and Design In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area and to promote quality and sustainability in its design. In addition, new development should also have no significant adverse impacts on the local community. The site is directly adjacent to the existing substation, including the associated access, which is surrounded by palisade fencing and whilst the substation is enclosed by a tree belt it is industrial in nature. In addition, the site and surrounding land contains existing overhead electrical lines associated with this infrastructure. The proposal relates to the formation of an access and installation of energy storage facility, however, the infrastructure is proposed to be surrounded by a robust planting screen and considerable additional tree planting which will provide significant mitigation of the visual impact of the development. In addition, to the north of the site there is a significant established tree belt which provides additional screening of the development. 10.11. In terms of amenity, it is considered that the site levels and planting will minimise the potential impact of the development on the closest residential property. In addition, the Noise Impact Assessment has been reviewed and accepted. It is considered that the design, location and scale of the proposed development is acceptable and will not result in a significant adverse impact on the adjacent land uses and raises no issues within the context of Policies 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2. 10.12. Natural Environment NPF4 Policy 3 details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. In addition, the policy states that any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment should be minimised through careful planning and design. Whilst the application includes the removal of some trees, the proposal includes a new landscaping scheme which will improve the biodiversity impact of the development, in accordance with the provisions of Policy 3 of NPF4. 48
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10.13. Policy 4 of NPF4 requires that where proposals are likely to have an impact on a
protected species, steps must be taken to establish its presence and a level of
protection then afforded. An Ecological Assessment has been submitted to the
Planning Service, in accordance with the provisions of Policy 4 of NPF4.
10.14. Conclusion
In conclusion, the proposal relates to the installation of a battery energy storage
system which will have the facility to store excess energy generated from renewable
sources. Whilst the proposal is situated within the designated Greenbelt, the
development is location specific due to its proximity to Strathaven Electricity
Substation. The design, layout and general impact of the development is considered
to be acceptable, subject to robust screening, and the proposal raises no significant
environmental or infrastructure issues. Overall, it is considered that the proposal
complies with the provisions of the relevant policies within the National Planning
Framework 4 and the South Lanarkshire Local Development Plan. It is therefore
recommended that the application be granted subject to the conditions listed.
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:-
Grant full planning permission subject to the following conditions:-
01. The development to which this permission relates shall be begun no later than
the expiration of three years beginning with the date of grant of this decision
notice.
Reason: To comply with Section 58(1) of the Town and Country Planning
(Scotland) Act 1997 (as amended).
02. That unless otherwise agreed in writing with the Planning Authority, if the
battery storage facility fails to export electricity for a continuous period of 12
months, then within 6 months of expiry of this time period a scheme which
details the removal of the energy storage facility, associated infrastructure and
proposed ground restoration shall be submitted to the Planning Authority.
Following written approval by the Planning Authority, the site restoration
scheme shall be implemented within 6 months of the date of the approval of
this document to the satisfaction of the Council as Planning Authority.
Reason: To ensure that if the development becomes redundant the equipment
is removed from the site and the site fully restored.
03. That before the development hereby approved is brought into use, the
approved landscaping scheme ('Landscape and Ecology Management
Updated Plan' Rev C) shall be completed.
Reason: In the interests of visual amenity.
04. That no development shall commence until the mitigation recommendations
identified in the Ecological Assessment (dated 30 March 2024), prepared by
Neo Environmental, are undertaken and these recommendations should be
adhered to throughout the construction process to the satisfaction of the
Council as Planning Authority.
Reason: To protect established species.
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05. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: To ensure that any archaeological remains can be fully assessed, recovered and protected as necessary. 06. That before the development is completed or brought into use, the entire access road serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular access. 07. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 160 metres measured from the road channel shall be provided on both sides of the vehicular access and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 08. That no development shall commence until a construction phase Traffic Management Plan (TMP) has been submitted for the written approval of the Council as Planning and Roads Authority. The plan shall include details of the following and all construction works shall be undertaken in accordance with the approved TMP:- a) The routeing of all traffic associated with each phase of the development. b) Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures. c) Details of all vehicles to be utilised during the construction period. d) Details of all temporary construction direction signage. e) Provisions for emergency vehicle access. f) Wheel washing facilities to provide detritus being deposited on the public road. g) Site staff car parking as no parking is permitted on the public road. h) Delivery and laydown space. i) Identification of a nominated person to whom any road safety issues can be referred. Reason: In the interests of road safety. 09. That prior to any works commencing on site, the applicant shall undertake a roads dilapidation survey of the construction traffic route which is to be agreed in writing through the construction phase Traffic Management Plan. Interim and final surveys shall be undertaken and the applicant shall be responsible for repairing damage attributable to their operations and undertake all necessary 50
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repairs within timescales stipulated by the Council as Planning and Roads Authority. Reason: These details have not been submitted or approved. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 4, 8 and 11 of the National Planning Framework 4 and raises no issues within the context of Policies 2, 4, 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/23/1613 | Installation of a 49.9 MW battery energy storage facility (BESS) with associated infrastructure | Sheriffaulds Farm Muttonhole Road Hamilton ML3 8RJ 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 51
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0808 Proposal: Erection of 6no. dwelling flats and associated infrastructure Site Address: Land 50m south of 1A Wilkie Road Wilkie Road Uddingston Applicant: W&D Investments Agent: Burrell Design Studio Ward: 16 – Bothwell and Uddingston Application Type: Full Planning Permission Advert Type: Non notification of neighbours Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 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 more than 5 objections. 2. Site Description 2.1. The site relates to land situated south of 1A Wilkie Road, Uddingston on the east side of the carriageway. 1A Wilkie Road is a warehouse while residential uses are found to the east and west, composed mainly of 2-storey modern and post-war detached, semi-detached, and terraced houses primarily finished in white render. 2.2. The site is enclosed by fencing, with access from Wilkie Road. There are some remnants of hardstanding, but most of the site has naturalised. The site was previously developed, however, it has been vacant for more than 20 years. There are some trees along the roadside. 3. Description of Proposed Development 3.1. The proposed development relates to the erection of a 3.5-storey block of 6no. residential flats (4 x 2-bedroom and 2 x 3-bedroom maisonette). The proposed block of flats will have a 210m2 rectangular footprint; a gable roof finished in slate effect rooftiles, with a ridge height of 13.5m; external walls finished in white smooth render; vertically emphasised fenestration with anthracite grey frames, including roof lights; and 7.5m2 front balconies projecting 2.1m. 3.2. The building would be positioned to face Wilkie Road and a new access and parking court for 12 vehicles formed to the side. The parking court will extend around to the rear where there will be the building access, a shared garden, and cycle sheds. A fenced bin store for 24 wheelie bins and underground surface water attenuation tank will be sited between the side of the building and the new access. Indicative landscaping is proposed around the site boundaries. 4. Relevant Planning History 4.1. A development of six residential flats on this site was previously approved in August 2020 (ref. P/20/0245). 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- noise impact assessment 6. Consultations 6.1. Environmental Services – No objection following submission of a noise impact assessment. It is recommended that informatives are attached to any decision notice regarding construction, pests, and contamination. Response: Noted. 6.2. Roads Development Management - No objections subject to conditions relating to the formation of the access and parking. Response: Noted. 6.3. Scottish Water - There is sufficient water capacity to service the development and connect to the wastewater network. Response: Noted. 54
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 8 representations have been received (8 objections, 0 support). The issues raised are summarised as follows:- Principle of Development Uddingston is overpopulated Design Flats taller than surrounding properties Roads Traffic volume on Wilkie Road Overflow parking on Coalburn Park Amenity Impacts Increased activity though Coalburn Park Impact on local services (eg. GP/Schools) Overshadowing Loss of daylight Overlooking Loss of privacy Noise Pollution Construction disruption 7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 7.3. Objections noted that balconies could face gardens on Coalburn Avenue rather than Wilkie Road. This was due to an error on the plan description which has been amended and the proposed balconies face Wilkie Road. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 8.2. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 12 - Zero waste Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 22 - Flood risk and water management 55
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8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy SDCC3 - Sustainable Drainage Systems Policy SDCC7 - Low and Zero Carbon Emissions for New Buildings Policy DM1 - New Development Design Policy DM15 - Water Supply Policy DM16 - Foul Drainage and Sewerage 9. Guidance 9.1. NatureScot - Developing with Nature. 10. Assessment and Discussion 10.1. Principle of Development The site is located within the general urban area of Uddingston, as defined by Policy 3 of SLLDP2 and is a short distance from the town centre. Consequently shops, services, employment and transportation options are readily available nearby. 10.2. Policy 9 of NPF4 supports the sustainable reuse of vacant land, provided that biodiversity value and contamination are considered. While the site has greenery, it is fenced off from the street and cannot be considered public greenspace. Its biodiversity value can be enhanced through development, per paragraph 10.7. The site is not known or suspected to be contaminated. Consequently, the redevelopment of the site can be supported by Policy 9 of NPF4. 10.3. Policy 3 of the SLLDP2 does not specifically allocate sites for housing, however, the principle of residential development is acceptable in an urban location. Policy 16 of NPF4 seeks to encourage, promote and facilitate the delivery of high quality, affordable, and sustainable homes in the right locations. 10.4. Six dwellings in the context of Uddingston is considered a small-scale opportunity within an existing settlement boundary and, as such, the proposals are consistent with local living and 20-minute neighbourhoods as referred to in Policy 15 of NPF4. An objection was received that Uddingston is overpopulated. However, increasing urban density is considered sustainable development and agreeable to the policy outcomes of the development plan. 10.5. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 relate to the climate crisis and states that all development should seek to minimise and mitigate the effects of climate change. Policy 13 of NPF4 aims to facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. 56
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10.6. The site is well located for services and the majority of daily needs could be achieved by sustainable travel means. While no specific provision for low and zero carbon technologies is proposed, such as solar panels, these are a requirement of the current building regulations and do not normally require planning consent. Furthermore, the proposal will redevelop a vacant site without any adverse impact on the water or soil environment, flood risk, air quality, biodiversity and/or green networks. Therefore, on balance, the proposal is considered to meet the terms of Policies 1, 2, and 13 of NPF4 and Policy 2 of the SLLDP2. 10.7. Biodiversity Policy 3 of NPF4 outlines that local developments should conserve, restore and enhance the biodiversity value of a site. The mature trees along the site frontage would be felled to accommodate the development. They are not subject to any specific protection, however, indicative planting indicates that the resultant tree numbers will be greater than existing. This will be secured by condition alongside additional biodiversity enhancements in line with NatureScot’s Developing with Nature guidance. 10.8. Layout, Siting and Design Policy 14 of NPF4 and Policies 5 and DM1 of the SLLDP2 relate to liveable places, placemaking and the quality of the design of a development. Policy 14 of NPF4 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. 10.9. It is considered that in terms of scale, design and materiality that the proposed building will be sympathetic to the character and setting of the locale. The building will be unique on Wilkie Road but proposed external materials replicate those within the locale and it will be clearly residential in character whilst adding some visual diversity to the streetscape. The 3.5-storey block of flats will be taller than surrounding 2-storey dwellings and adjacent warehouses, however, this height difference is not considered to be significantly impactful considering its separation from existing buildings and that other blocks of flats of similar height are common in Uddingston. Therefore, while the design is distinctive, the development will not result in a detrimental impact on the character of the area, the streetscape, or any adjacent properties. 10.10. The proposed dwellings will introduce new structures to the rear of existing residential properties, however, minimum garden depth (13m in respect to neighbouring residential) and distances between facing windows (18m) as set out in the Council’s Residential Design Guide will be maintained. A degree of overlooking and overshadowing is to be expected in urban residential areas, but it is not considered to be of a significantly detrimental degree in this instance as the appropriate separation distances are met. The proposed balconies will face Wilkie Road and do not raise significant concern for overlooking. 10.11. Representations raised concerns over overshadowing, noise impacts from the construction and occupation of the flats, and increased footfall to Coalburn Park. The shadow analysis attached to one representation assumes the full height of the building is on the boundary. However, when adjusted to the actual proposed siting, the projected shadow has no impact in summer and limited impact in winter, with evening winter shadows primarily casting over land to the side and front of dwellings on Coalburn Park. Furthermore, Coalburn Park is a public road with through access for pedestrians and residential use is appropriate in this location. Noise from residences and construction are regulated by Environmental Services. 57
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10.12. Overall, it is considered that the proposed development would not have a significant detrimental impact on the amenity and character of the area, the streetscape, or any adjacent properties and will contribute to improving the quality of the site as a liveable and successful place. Additionally, the proposal will result in the positive redevelopment of a vacant and derelict site. Consequently, the proposal accords with the considerations of Policy 14 of NPF4 and Policies 5 and DM1 of the SLLDP2. 10.13. Technical Matters Policy 12 of NPF4 identifies that proposals which generate waste, including residential, should make provision to maximise the reduction and separation of waste at source and for the storage and convenient access for the collection of waste. Provision has been made within the site for the storage of waste bins including recycling bins. 10.14. Policy 22 of NPF4 and Policy SDCC3 of the SLLDP2 relate to the water environment and sustainable urban drainage systems. These require that development proposals will not increase the risk of surface water flooding to others, or themselves be at risk, that they manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surface. The site is not at risk of flooding, there are several permeable areas proposed within the site, and a SUDS suitable to the scale of development is proposed. 10.15. Policies DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and wastewater services. Scottish Water have confirmed availability of a public water supply and wastewater services. Therefore, the proposal meets the terms of Policy DM15 and DM16. 10.16. The site plan shows a parking court with 12 spaces, 2 per flat. The spaces are not located directly behind garden fences as noted in some representations but set back at least 6.0m thus their use should not have a significant impact on amenity. Adequate parking and access arrangements are proposed. 10.17. Conclusion In conclusion, the proposal seeks planning permission for 6 residential flats on a plot of vacant land off Wilkie Road within the defined settlement of Uddingston. The site is a suitable location for residential use. The proposed flats can be accommodated on the site without significant adverse impact on surrounding amenity and the design is distinctive, while complementing the residential character of the surrounding area. Overall, it is considered that the proposals comply with the provisions of the relevant policies within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 58
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02. That before any development commences on site, details of biodiversity measures shall be submitted for the written approval of the Planning Authority. For the avoidance of doubt these details shall include compensatory tree planting. The biodiversity measures shall thereafter be implemented prior to occupation of the approved dwellings. Reason: In order to ensure the provision of biodiversity measures which restore and enhance the site and surrounding area. 03. That before any development commences on site, full details of the design and location of all fences and walls, including any retaining walls, to be erected on the site shall be submitted to and approved in writing by the Council as Planning Authority. The agreed details shall be implemented prior to occupation of the approved dwellings. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 04. That before the development is completed or brought into use, the existing access to the site from Wilkie Road shall be permanently closed to vehicular traffic and the area restored to footway and landscaping. Reason: In the interests of traffic and public safety and to maintain the visual quality of the area. 05. That before the development hereby approved is completed or brought into use, the entire access road serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory access to the dwellings. 06. That before the development is completed or brought into use, all of the parking spaces shown on drawing 1125 - 001 Rev A of the approved plans shall be laid out and constructed to the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 07. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 43 metres measured from the road channel shall be provided on both sides of the vehicular access and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 08. That before any development commences on site, a Construction Traffic Management Plan shall be submitted to the Council as Roads and Planning Authority for approval. This should provide details of access and parking provision for staff and visitors, intended working hours, how deliveries of materials will be managed and stored and what wheel washing facilities will be provided to prevent mud being carried on to the adopted road. 59
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Reason: In the interests of traffic and public safety as well as to preserve the amenity of the surrounding area. 12. Reason for Decision 12.1. The proposed residential flats would redevelop a plot of vacant land which represent a small-scale opportunity within a settlement and is a sustainable location due to the availability of services and infrastructure. The design of the flats respects the local residential character, and the site layout ensures that neighbouring amenity would not be significantly impacted. Technical matters have also been met or could be met through condition. Consequently, the proposal is considered to comply with Policies 1, 2, 3, 9, 12, 13, 14, 15, 16 and 22 of National Planning Framework 4 and Policies 2, 3, 5, SDCC3, DM1, DM15 and DM16 of the South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/24/0808 | Erection of 6no. dwelling flats and associated infrastructure | Land 50M South Of 1A Wilkie Road Wilkie Road Uddingston 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 60
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Report Agenda Item CHECKED Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1038 Proposal: Change of use of after school care facility (Class 10) to retail (Class 1A) and associated alterations Site Address: 20 Argyle Drive Hamilton ML3 9EB Applicant: IA Real Estate LTD Agent: OSD Design Solutions Ltd Ward: 18 – Hamilton West and Earnock Application Type: Full Planning Permission Advert Type: Bad neighbour: Hamilton Advertiser 03 September 2024 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 9 63
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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 site relates to commercial premises on Argyle Drive, Hamilton approximately 130m from the junction with the A724 (Burnbank Road). The premises last operated as an after-school care facility (Class 10). The site is within a defined settlement but is not otherwise designated in the South Lanarkshire Local Development Plan 2. 2.2. The site is occupied by a single storey building fronting Argyle Drive and which occupies the majority of the site. The building has an 11m by 18m rectangular footprint, a gable roof finished in slate, buff brick to external walls, and various advertisements and signage throughout. There is no off-street parking. 2.3. Argyle Drive is the primary access road to a residential estate characterised by two- and three-storey blocks of flats and two-storey houses. However, there is no-through route for vehicles in the estate. There are a small number of non-residential properties in the estate including the subject of this application, a social club, and a support centre for the disabled. 3. Description of Proposed Development 3.1. The proposed development relates to the change of use of the existing premises to Class 1A for retail use. The pedestrian barrier in front of the store would be removed to allow transit vans to stop outside for deliveries. Bollards are proposed to discourage pavement parking. Retrospective frontage alterations are proposed which include full- height glazing and commercial roller shutters. 3.2. Since validation, the proposal has been amended to remove the formation of a delivery bay, and the installation of speed cushions to the public road. 4. Relevant Planning History 4.1. A planning application (P/21/2167) for a change of use to retail was refused at Planning Committee in January 2023 and the appeal to the Department of Planning and Environmental Appeals (DPEA) (PPA-380-2096) was dismissed in August 2023. 4.2. The applicant has reapplied to the Planning Authority for the proposed change of use alongside changes to the access arrangements. 5. Supporting Information 5.1. A supporting statement addresses the previous reason for refusal and includes a photographic parking survey of the immediate vicinity. 6. Consultations 6.1. Roads Development Management – Object to the proposal as it does not address the Planning Committee or the DPEA Report’s concerns in relation to lack of parking and suitable servicing facilities. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 21 representations have been received (21 objections, 0 support) including a petition of 68 signatures. The issues raised are summarised as follows:- 64
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Principle of Development No need for shop There are existing shops nearby Amenity Delivery noise Customer noise Antisocial behaviour Odour from food and waste Access Argyle Drive is the only way in and out of the estate Increased traffic Congestion Road safety Pedestrian safety Obstruction to pavement Removal of pedestrian barriers Insufficient parking Blocking existing driveways Blocking emergency and service vehicles Waste Litter generation Pests 7.2. The above issues are considered in the assessment below and full copies are available to view on the planning portal. 7.3. Furthermore, objections were received regarding the neighbour notification and consultation processes, however, these have been carried out as defined by legislation. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable, liveable and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 12 - Zero waste Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 23 - Health and safety Policy 28 – Retail 65
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8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2. SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 10 - New Retail/Commercial Proposals SLLDP2 Volume 2 Policies Policy DM1 - New Development Design South Lanarkshire Council (SLC) Supporting Planning Guidance Electric Vehicle Charging Point Supporting Guidance 2022 9. Guidance 9.1. No relevant guidance applicable. 10. Assessment and Discussion 10.1. Principle of Development Policies 9 and 12 of NPF4 aim to encourage and facilitate the sustainable reuse of vacant and empty buildings to reduce the reliance on greenfield development and minimise waste. The building is currently vacant therefore the proposal to bring the building into use as a local shop aligns with these policies’ intents. 10.2. Policy 15 of NPF4 aims to create well-connected and compact neighbourhoods that enable residents to meet their daily needs within a reasonable distance from home, preferably by walking, cycling, or other means of sustainable transport. The policy seeks to improve local living conditions, reduce inequalities, and enhance resilience to climate change through the development of high-quality mixed-use neighbourhoods. Policy 28 of NPF4 relates to retail development and applies the town centre first principal except for proposals for new small scale neighbourhood retail developments and shops ancillary to rural uses. 10.3. The proposal aligns with Policies 15 and 28 through the provision of a neighbourhood shop which can contribute to local living and support the concept of a 20-minute neighbourhood. The proposal is for a small retail unit of approximately 180m2 which is situated in a predominantly residential area that has limited other retail offerings. The proposed store is ideally located to serve as a neighbourhood shop. It is noted that objectors highlighted that the Burnbank Centre and other shops are in close proximity, however, these are separated from the estate by a busy A road and there is no retail offering within the estate 10.4. Policy 10 of the SLLDP2 sets out a town centre first approach to retail proposals and requires retail assessments. Unlike NPF4, there is no exception for small neighbourhood shops. However, per section 24(3) of the Town and Country Planning (Scotland) Act 1997, where there are inconsistencies in policies then NPF4 takes precedence. Furthermore, retail assessments are required over 1,000m2 but there is leniency for smaller proposals, which this approximately 180m2 store can be considered. 66
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10.5. Policies 3 and 5 of SLLDP2 identify that development within settlements may be considered acceptable if they do not have a significant adverse impact on the amenity and character of the area. The character of the area is primarily residential, and it is lacking a local shop which is encouraged through NPF4. Objections were received over amenity concerns including noise and odour. However, a shop of this scale does not raise significant concern in these regards and any issues could be addressed by the Council’s Environmental Services. 10.6. While the principal of development is generally supportable, Policies 3, 5, and 10 of the SLLDP2 have terms relating to access. The Planning Authority and the DPEA have determined that the proposed use poses a risk to road safety, as further detailed in paragraphs 10.7 to 10.10. 10.7. Access Travel Policy 13 of NPF4 aims to encourage developments prioritising sustainable travel methods, such as walking, cycling, and public transport, while minimising unsustainable travel. It emphasises factors like safe and accessible connections to local facilities, integration of transport modes, and provision of cycle parking. Additionally, Policies 3, 5, 10, and DM1 of SLLDP2 require developments to have suitable access arrangements, including parking, and minimise traffic impacts. 10.8. The site is ideally located to serve as a neighbourhood shop which can be accessed by sustainable means, particularly walking, wheeling, and cycling. However, objections were received regarding limited parking availability, the hazards of parked cars, road safety concerns from increased traffic movements, and obstruction to the pavement. The proposed change of use was previously refused on these grounds. 10.9. This application seeks to address the previous reason for refusal. Initially this was by providing a loading bay and speed cushions for traffic calming. However, it was noted that the need to walk around the pedestrian guardrail and retract the bollards would make servicing from the proposed loading bay difficult and likely lead to deliveries taking place on Argyle Drive as previously proposed. The proposed speed cushions would not be supportable as an isolated traffic calming measure would be unexpected by drivers. There is also no proposed parking associated with the unit. 10.10. As a result, the loading bay and speed cushions were removed, and the pedestrian guardrail proposed to be removed to allow for additional on-street parking and servicing in front of the premises. A photographic parking survey over the course of two weeks was also provided. It was further clarified that as the unit no longer operates for childcare, there is no technical reasons for the barrier. However, its removal does not change the fact that there would be no proposed off-street parking. Overall, the proposal does not address the Planning Committee or DPEA report’s concerns in relation to lack of parking and suitable servicing arrangements. 10.11. The supporting statement also refutes the previous reason for refusal, primarily on the grounds that the Council’s decision was taken on opinion unsubstantiated by fact and against the professional advice of officers. However, considering all information presented, both the Planning Authority and the DPEA have determined that the access and servicing arrangements pose a risk to the safety of the public road and would impact on the amenity of residents. The proposed changes are not considered to address the previous reason for refusal and therefore it continues to be contrary to Policies 3, 5, 10, and DM1 of the SLLDP2. 67
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10.12. Layout, Siting and Design Policy 14 of NPF4 and Policy 5 of the SLLDP2 relate to liveable places, placemaking, and the quality of the design of a development. Policy 14 of NPF4 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 5 of the SLLDP2 set out that all development should take account of, and be integrated with, the local context and built form and not adversely affect amenity or neighbouring properties. 10.13. The building is an existing commercial unit and the design, with the proposed alterations to window openings, would lend itself to use as a shop. The alterations would be minimal and bringing the building back into use can create a more pleasant facade on the streetscape. Therefore, its use as a shop would have no detriment to the visual character of the area and that, as the structure is existing with limited alterations, there would be no detriment to neighbouring amenity by way of overshadowing or overlooking. 10.14. Natural Environment Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. The Council as Planning Authority recognises its role in combating the climate crises, however, due to the scale of the proposed development, it’s not considered that any significant action can be taken through the development management process in this instance. Nevertheless, the Council has other mechanisms to promote sustainable development such as through the Building Standards Service. 10.15. Policy 3 of NPF4 requires development proposals to enhance the biodiversity value of the site, however, as the development relates to a change of use of an existing building, it is not considered reasonable to seek biodiversity enhancements in this instance. 10.16. Technical Matters Policy 12 of NPF4 identifies that proposals which generate waste should make provision to maximise the reduction and separation of waste at source and for the storage and convenient access for the collection of waste. Concern was raised regarding odour from food and waste. The application form indicates that waste would be stored in waste and recycling bins to the rear and which would be appropriately located relative to neighbouring residences. The shop is small thus it is unlikely to generate enough waste to impact residential amenity and the separation of waste helps mitigate odour. Therefore, the proposal meets the terms of Policy 12 of NPF4. 10.17. Conclusion In conclusion, the proposal seeks planning permission for the change of use of an existing Class 10 premises to Class 1A (retail) within a residential area of Hamilton. The development plan broadly supports the establishment of small local shops in the interests of sustainable development and local living. However, this application fails to demonstrate that the vehicular movements it would generate could be accommodated without impacting on the safety of the public road or the amenity of adjacent neighbours. Consequently, it is considered that the proposal is contrary to Policies 3, 5, 10, and DM1 within the South Lanarkshire Local Development Plan 2. 68
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11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse planning permission for following reasons:- 01. The proposal would be contrary to Policy 3 General Urban Areas and Settlements of the South Lanarkshire Local Development Plan 2 as it would be detrimental to the amenity of residents and the wider community due to traffic safety, parking arrangements and access. 02. The proposal would be contrary to Policy 5 - Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 as there would not be a suitable level of access to or from the premises, thereby impacting on public safety. 03. The proposal would be contrary to Policy 10 – New Retail/Commercial Proposals of the South Lanarkshire Local Development Plan 2 as it would not minimise traffic impacts. 04. The proposal would be contrary to Policy DM1 – New Development Design of the South Lanarkshire Local Development Plan 2 as there would not be an appropriate provision of parking. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/24/1038 | Change of use of after school care facility (Class 10) to retail (Class 1A) and associated alterations and formation of loading bay and traffic calming | 20 Argyle Drive Hamilton ML3 9EB Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 69
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1149 Proposal: Installation of 33kV underground electrical cable (4.5 km in length) supplementing consented overhead lines, electrical kiosk, associated ancillary infrastructure and access to connect Priestgill Wind Farm to Elvanfoot Substation Site Address: Development Location Spanning from Littlegill Farm to Elvanfoot Substation Via Abington and Leadhills ML12 6RW Applicant: Priestgill Wind Farm Limited Agent: Muirhall Energy Ward: 03 Clydesdale East Application Type: Full Planning Permission Advert Type: Non notification of neighbours Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 10 71
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee under the South Lanarkshire Council Scheme of Delegation as it is a major development. 2. Site Description 2.1. The site area relates to a linear route (16.1 ha) running from Littlegill Farm, situated north of Abington Services crossing the west coast main rail line running alongside A702 and through Abington village itself. It follows the route of the M74 before crossing under the M74, connecting into the overhead line route near Glencaple Farm which leads over Ravengill Hill and then terminating at Elvanfoot substation. 2.2. The submitted supporting statement separates the route into four sections. Section 1, running from Littlegill Farm and under the west coast main rail line to where the route meets the A702. Section 2 follows the A702 initially in the fields to the east of the route and then under the A702 itself where it runs through Abington. It continues along the east side of the M74 and then underneath the M74, utilising an existing underpass. Section 3 relates to a small section of underground cabling to facilitate a cross point with another overhead line, on the east side of Ravengill Hill. Section 4 connects the overhead line into Elvanfoot substation, crossing under the B7040. 3. Description of Proposed Development 3.1. The proposed development relates to the installation of 33kV underground cabling over 4.5km which is supplemented by overhead lines. The development includes an electrical kiosk, ancillary infrastructure and access. The applicant does not benefit from the permitted development rights of a statutory undertaker and therefore an application for planning permission is required. 3.2. The purpose of the proposal is to connect Priestgill Wind Farm to Elvanfoot substation. There is a section of the cabling in the form of overhead lines already consented by the Energy Consents Unit, as set out below under relevant planning history (Section 4). 4. Relevant Planning History 4.1. The purpose of the proposal is to connect Priestgill Wind Farm to Elvanfoot substation and the national grid. The wind farm was approved following appeal (ref. CL/17/0009) and thereafter the approval amended to increase the height of turbines in 2019 (ref P/19/1803). The wind farm is proposed to be connected to the national grid by a mix of overhead lines and underground cables. The overhead lines have been consented by the Energy Consents Unit (ref ECU00004475). 4.2. This application is a major application which required a proposal of application notice. This notifies the Planning Authority of the intention to submit a major planning application and begin the consultation period with relevant stakeholders. The proposal of application notice was duly submitted and consultation took place over summer 2024 under reference P/24/0011/PAN. 5. Supporting Information 5.1. In support of the planning application the following has been submitted:- Planning Design and Access Statement Outline Transport Management Plan Archaeology Desk Based Assessment Hydrology Risk Assessment Landscape and Visual Appraisal Outline Water Construction Environmental Management Plan 72
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Peat Survey Report Updated Ecological Walkover and Review Ornithology Impact Assessment Ecological Appraisal 6. Consultations 6.1. Roads, Transportation and Fleet Services – No objections subject to conditions. Response: Noted 6.2. West of Scotland Archaeology Service – Concerns raised regarding proximity of works to scheduled monument. However, it is noted that the majority of works would take place in the surface or verge of the A702, where the potential for archaeological material is likely to be low. No objection subject to a condition requiring a written scheme of investigation to be submitted for approval prior to works starting on site. Response: Noted, the impact on the scheduled monument has been considered by Historic Environment Scotland. 6.3. Transport Scotland – No objection. Response: Noted 6.4. Network Rail – No objections subject to conditions and advice relating to proximity to rail line. Response: Noted 6.5. Historic Environment Scotland – No objection as the proposal would not have direct impacts on scheduled monuments and note the mitigation measures set out in Section 4.4 of the Planning, Design and Access Statement. Response: Noted 6.6. Scottish Water – No objection Response: Noted 6.7. Nature Scot – No objection, the impact would not exceed a level of a national interest and direction is given to standing advice. Response: Noted 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid representations have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable, liveable and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 5 - Soils 73
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Policy 6 - Forestry, woodland and trees Policy 7 - Historic assets and places Policy 11 - Energy Policy 29 - Rural development 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 18 - Renewable Energy SLLDP2 Volume 2 Policies Policy RE1 - Renewable Energy Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy NHE9 - Protected Species Policy NHE20 - Biodiversity Policy NHE12 - Water Environment and Biodiversity Policy NHE13 - Forestry and Woodland Policy NHE2 - Archaeological Sites and Monuments 9. Guidance None relevant. 10. Assessment and Discussion 10.1. 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. The proposal relates to the laying of underground cabling, two temporary compounds and construction of a kiosk with associated access track. There are other consents in place, for the related windfarm and overhead lines. The proposal relates to essential infrastructure to connect a windfarm to the national electrical grid. It is considered acceptable in principle and meets the terms of SLLDP2 Policy 4 Green Belt and Rural Area, NPF4 Policy 29 Rural Development. 10.3. The proposal by its nature relates to enabling works for a consented windfarm, which seeks to address climate change. The proposal meets the terms of NPF4 Policy 1 and 2 and SLLDP2 Policy 2. 10.4. Impact of Development In detailed terms, SLLDP2 Policy 18 directs the reader to Appendix 1 – Renewable Energy Assessment Checklist and NPF4 Policy 11 Energy contains similar criteria. This covers impacts on communities, landscape and visual, public access, aviation, road traffic, historic environment, hydrology, biodiversity, trees and woodland and decommissioning. Similar criterion is also included in SLLDP2 Volume 2 policies and 74
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also thematic policies covering trees, biodiversity, natural places and historic environment in NPF4 policies which are set out in section 8. 10.5. The works will in the most part be limited to underground works and, as such, there is no lasting visual or above ground impacts on aviation or telecommunication masts. Additionally, the proposal seeks to enable works already consented and, as such, the cumulative impact is not applicable. It is proposed that in terms of decommissioning, the cable would likely remain in situ to avoid disturbance. Otherwise, consideration is given to impact on ecology, archaeology hydrology, traffic impact and impact on residents. 10.6. Natural Environment The submitted Ecological Assessment and subsequent updates, identifies an area of ancient woodland within Section 3 of the works where the cable would cross under the M74. Some clearance will be required, however, it is identified that root areas of mature trees can be avoided, and existing tracks and hardstanding areas will be used. A condition shall be imposed to submit details of the route of vegetation clearance required to ensure mature trees are protected during works. 10.7. The Ecological Assessment also sets out mitigation measures covering various species which have been identified to have suitable habitat or evidence in the vicinity of the proposed works. These include pre-construction surveys and corresponding exclusion zones or timings if evidence of relevant species is identified at the time of construction. This will all be controlled by conditioning the requirement for a Construction and Environment Management Plan, which has been done on other consents and provides a consistent approach across the overall development. 10.8. The cut and cover works have the potential to impact on Abington Motte and Bailey, a scheduled monument as well as other historic environment assets. The cut and cover trench will not enter the scheduled area of the monument and shall be fenced off during construction. It will also be included in toolbox talks to avoid any accidental damage. Use of controlled topsoil strip and or trial trenching before construction shall be used for mitigation on other assets and in proximity to the scheduled monument so that any surviving find can be recorded. WoSAS have been consulted and provided a response and suitable conditions which shall be imposed on any consent issued. 10.9. Amenity The main potential impact on residential amenity is by way of disturbance during construction works, namely during the installation through Abington itself. An outline traffic management plan has been submitted with the application and a detailed traffic management plan alongside construction hours would be required by condition to mitigate and monitor construction traffic. 10.10. Any visual impact is limited to the permanent above ground element located off the B7040 near Elvanfoot. There are existing substations, electrical and gas and it is not considered that the current proposal would be detrimental to the existing situation. 10.11. The proposal does have the potential to impact on hydrology. The supporting outline water and construction environmental management plan has set out best practice to be followed to prevent pollution, contamination and flooding. The aforementioned CEMP shall be further developed into site specific drainage and be required by condition. 75
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10.12. There are five core paths running in close proximity to the works. Any impact would be temporary in nature and can be controlled via conditions imposed to ensure normal use of the paths is retained. 10.13. The consents for the windfarm and overhead cables have undertaken extensive consideration of similar matters to that above which carry conditions requiring an Ecological Clerk of Works and various construction and environmental management plans which manage how the construction works take place. Similar conditions shall also be imposed on any consent relating to underground cabling. 10.14. The proposal is considered to meet the terms of SLLDP2 Policy 18 and RE1 Renewable Energy and NPF4 Policy 11 Energy. 10.15. Conclusion Overall, the proposal relates to required infrastructure to connect Priestgill Wind Farm to Elvanfoot substation and in principle, is an acceptable proposal. There are various mitigation measures required to ensure there is no unacceptable impact on buried archaeology, ecology, road safety and residential amenity during and post construction. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant planning permission subject to conditions:- 01. No works shall take place on site until a Construction and Environment Management Plan (CEMP) outlining site specific details of all on-site construction works, post- construction reinstatement, drainage and mitigation, together with details of their timetabling (including proposed mitigation and good practice measures as set out in the Ecological Appraisal dated March 2022), has been submitted to and approved in writing by the Planning Authority. The development shall be implemented thereafter in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on amenity and the environment, and that the mitigation measures contained in the Ecological Appraisal and documents accompanying the application, or as otherwise agreed, are fully implemented. 02. There shall be no Commencement of Development unless the Planning Authority has approved in writing the terms of appointment of an independent Ecological Clerk of Works (“ECoW”). The terms of appointment shall:- (a) Impose a duty to monitor compliance with the ecological and hydrological commitments provided in the Ecological Appraisal dated March 2022 and other information lodged in support of the application, the CEMP approved in accordance with condition 1; (b) Require the ECoW to report to the nominated construction project manager any incidences of non-compliance with the ECoW works at the earliest practical opportunity; 76
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(c) Require the ECoW to sumbit a monthly report to the Planning Authority summarising works undertaken on site; and (d) Require the ECoW to report to the Planning Authority any incidences of noncompliance with the ECoW Works at the earliest practical opportunity. The EcoW shall be appointed on the approved terms throughout the period from Commencement of Development, throughout any period of construction activity and during any period of post construction restoration works. Reason: To secure effective monitoring of and compliance with the environmental mitigation and management measures associated with the development. 03. That prior to any works commencing on site, a construction phase Traffic Management Plan (TMP) shall be submitted for the written approval of the Council as Roads Authority. The plan shall include, but not be limited to, the following details:- (i) construction programme for HGV/LGV/Car movements by month for each access. (ii) Details of all temporary construction direction signage. (iii) Provisions for emergency vehicle access. (iv) Measures for road cleaning/preventing mud/detritus being deposited on the public road. (v) Details of construction compound, site parking, laydown space and turning area. (vi) Identification of a nominated person for the Council to report road safety issues to. (vii) Any alteration to the public road network including temporary works for relocation of street furniture including signs, guardrails, bollards, and all temporary measures. (viii) Traffic signing regime for the B7040 site accesses covering the existing and proposed accesses and that this be subject to a Stage 2 Road Safety Audit. (ix) Temporary traffic management proposals for lane closures at each access. Reason: In the interests of road and traffic safety. 04. All works shall be undertaken in accordance with the TMP to be approved under Condition 3 unless otherwise first agreed in writing with the Council as Roads Authority. Reason: In the interests of road and traffic safety. 05. That prior to any works commencing on site the applicant shall undertake and submit for approval a joint roads dilapidation survey with the Planning Authority for each construction access. During works interim surveys shall be undertaken in accordance with a timetable as directed by the Planning Authority. A final survey shall be undertaken post all construction works. Each survey shall be recorded in a report to include photographs of defects cross referenced to a site plan and a description and extent of the defect and be submitted for record purposes within timescales determined by the Planning Authority. The applicant shall be responsible for repairing damage attributable to their operations and undertake all necessary repairs within timescales stipulated by the Planning Authority. Reason: In the interests of road and traffic safety. 06. That prior to works commencing on Section 3 of the hereby approved proposal, a scheme for the protection of the retained trees in relation to Section 3, in accordance with BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method statement (AMS) shall be submitted to and approved in writing by the Planning 77
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Authority. The development shall thereafter be implemented in strict accordance with the approved details. Reason: To ensure that the trees to be retained will not be damaged during demolition or construction and to protect and enhance the appearance and character of the site and locality. 07. That prior to works commencing on the B7040 Elvanfoot access, the applicant shall submit, for the written approval of the Planning Authority:- (i) detailed proposals of the proposed site access which shall be 7.3 metre wide with 10.5 metre radii, a bituminous surface finish to adoptable road standards over the first 15 metres measured from the northern road channel line, a system of drainage to prevent surface water discharging onto the public road and eastern fence line realigned to enhance the visibility splays. The site gate shall be located 15 metres back from the nearside road channel line and open inwards or be a sliding type of mechanism. (ii) a Stage 2 Road Safety Audit. (iii) a Designers Response. Reason: In the interests of road and traffic safety. 08. That works approved under Condition 7 shall be implemented on site in accordance with the approved details before any other construction activity uses this access. Reason: In the interests of road and traffic safety. 09. That prior to works commencing on site on the Lettershaws access (Section 3 access) the applicant shall submit, for the written approval of the Planning Authority:- (i) detailed plans to widen this existing access to accommodate the two largest site vehicles passing each other; (ii) including details of a finished a bituminous surfacing extending minimum of 2 metres from the nearside channel line of the B797; and (iii) details of temporary trackway to prevent deleterious material on the public. Reason: In the interests of road and traffic safety. 10. That works approved under Condition 9 shall be implemented on site in accordance with the approved details before any other construction activity use of this access. Reason: In the interests of road and traffic safety. 11. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. 78
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Reason: In order to safeguard any archaeological items of interest or finds. 12. Construction work which is audible from any noise-sensitive receptor shall only take place between the hours of 07:00 to 19:00 on Monday to Friday inclusive and 07:00 to 16:00 on Saturdays, with no construction work taking place on a Sunday or on public holidays. Outwith these specified hours, development on the site shall be limited to maintenance, emergency works, dust suppression, and the testing of plant and equipment. HGV movements to and from the site (excluding abnormal loads) during construction of the Development shall be limited to 07:00 to 19:00 Monday to Friday, and 07:00 to 16:00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or on public holidays. Reason: In the interests of residential amenity. 13. That visibility splays shall be provided in accordance with the plans submitted under Annex B of the updated Outline Transport Management Plan for access to Sections 2, 3 and in accordance with Annex C of the updated Outline Transport Management Plan for access to Section 4, and that no obstructions shall be permitted within these visibility splays exceeding 1.05 metres in height above the adjacent nearside road channel level. That the developer shall be responsible for maintaining the visibility splays above for the life of the development in the case of access relating to Section 4 and during construction of the development hereby approved when the remaining accesses are in use for line maintenance activity. Reason: In the interests of road and traffic safety. 14. That the existing eastbound lane of the B7040 shall be resurfaced over the extent of the bellmouth and that these resurfacing works be undertaken as part of the proposed permanent site access works. Reason: In the interests of road and traffic safety. 12. Reason for Decision 12.1. The proposal relates to underground cabling related to Priestgill Wind Farm. The proposals are acceptable and would not be detrimental to the environment subject to the attached conditions. It meets the terms of Policy 1, 2, 4, 5, 14, 18, RE1, NHE 2, NHE9, NHE12, NHE13, NHE20, SDCC2 and SDCC3 of South Lanarkshire Local Development Plan 2 (adopted 2021) and Policies 1, 2, 3, 4, 5, 7, 8, 11, 28 of National Planning Framework 4 (adopted 2023). There are no other material considerations that would warrant refusal of the application. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 79
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Background Papers Further information relating to the application can be found online:- P/24/1149 | Installation of 33kV underground electrical cable (4.5 km in length) supplementing consented overhead lines, electrical kiosk, associated ancillary infrastructure and access to connect Priestgill Wind Farm to Elvanfoot Substation. | Development Location Spanning From Littlegill Farm To Elvanfoot Substation Via Abington And Leadhills ML12 6RW 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 80
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1171 Proposal: Demolition of detached garage, alterations/land engineering operations including retaining walls and erection of 4 bed detached house Site Address: 24 Covanburn Avenue Hamilton ML3 7PX Applicant: Mr Graham Ferguson Agent: Mr Kanak Bose Ward: 19 Hamilton South Application Type: Full Planning Permission Advert Type: Non Notification of Neighbours Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 11 83
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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 site is within Silvertonhill, which is an established residential area in Hamilton. Covanburn Avenue is a no through road which is characterised by detached houses finished in a mix of red brick and dry dash render that sit within relatively large plots. 2.2. The applicant’s property is located at the end of the street where the depth of garden reduces and instead it has a much wider plot than others in the street. To the rear of the site, there are mature woodlands and to the northeast there is grassed open space. 3. Description of Proposed Development 3.1. The proposed development relates to the demolition of a detached garage and erection of a new dwellinghouse and associated retaining walls on land which has been subdivided from the garden ground of 24 Covanburn Avenue, Hamilton. 3.2. The existing house has a wide frontage with a driveway and double garage to the side of the house and the proposed new house will be built on the land to the side of 24 Covanburn Avenue. This would give the existing house a plot area of approximately 464 square metres with a frontage approximately 18 metres in width and an average depth of 30 metres. The new house would have a plot area of approximately 366 square metres and a road frontage approximately 17 metres wide and an average depth of approximately 25 metres. 3.3. The new dwellinghouse would be detached, two storeys with a basement level at the rear which will be finished in a stone basecourse with render, concrete tiles and UPVC windows and doors. Internally, the house would have a hall, lounge/dining/family room, kitchen, W/C and an outdoor terrace on the ground floor, 3 bedrooms, a family bathroom and a master bedroom with an en-suite on the upper floor. At basement level there will be a utility and large games room with access to a sunken patio that will sit below the terrace. The house will have a minimum rear garden depth of 10 metres, increasing in part to 13 metres and will have space for three off-street car parking spaces. 4. Relevant Planning History 4.1. The previous planning applications relative to this site are:- P/21/1684 - Erection of single-storey front extension and installation of rear dormer window and associated alterations to the roof. Granted. P/20/1902 - Erection of dwellinghouse (subdivision of garden ground). Refused. 5. Supporting Information 5.1. No additional supporting information has been submitted. 6. Consultations 6.1. Roads, Transportation and Fleet Services – no objections subject to conditions covering a dropped kerb access and pedestrian visibility splay. Response: Noted. 84
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 9 letters of representation were received from residents of 6 households within Covanburn Avenue objecting to the application. The issues raised are summarised as follows:- The design, scale and location of the proposal is similar to a previous proposal which was refused as it would constitute overdevelopment. There would be fencing in the front garden. The proposed driveway combined with the existing property would be wider than others in the street and impact on parking in the vicinity. The proposed house would have less frontage than others nearby. Insufficient details of retaining wall in garden. Insufficient parking in the surrounding area. The proposal does not reflect the original feu boundaries within the development. The proposal may encroach onto neighbouring land. 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. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable, liveable and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 14 - Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 – Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 – General Urban Areas and Settlements Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy DM3 – Subdivision of Garden Ground South Lanarkshire Council (SLC) Supporting Planning Guidance Development at a Dwellinghouse 85
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9. Guidance 9.1 None applicable. 10. Assessment and Discussion 10.1. Principle of Development The site is located within the general urban area where SLLDP2 Policy 3 applies. This policy seeks to ensure that development proposals make a positive contribution to the character and appearance of the environment in which they are located, taking account of, and being integrated with, the local context and built form. The subdivision of garden ground to build a new house is generally acceptable providing it does not have a detrimental impact on neighbours or the surrounding area. 10.2. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 seek to promote developments that address the global climate emergency and nature crisis. All development should aim to minimise and mitigate the effects of climate change. Given the scale and nature of the proposed development, it is not considered that any action is required within the context of the development management process. 10.3. Layout, Siting and Design The site is located in an established residential area of Hamilton where SLLDP2 Policy 3 - General Urban Areas and Settlements applies. Also applicable are, NPF4 Policy 13 – Sustainable transport which aims to encourage, promote, and facilitate developments that prioritise active travel and public transport and reduce the need to travel unsustainably, NPF4 Policy 15 – Local living and 20-minute neighbourhoods which aims to create neighbourhoods which provide for the daily needs of residents without a need to make long journeys and NPF4 Policy 16 – Quality Homes which seeks to encourage, promote, and facilitate the delivery of high-quality homes, in the right locations. Given that the site would be in an existing residential area where the majority of a person’s daily needs could be reached within a reasonable distance of their home, and potentially using sustainable transport options, it is considered that the proposal for a dwellinghouse is acceptable at this location and would comply with SLLDP2 Policy 3 and NPF4 Policies 13, 15 and 16. 10.4. Policy 14 of NPF4 and Policies 5, DM1 and DM3 of the SLLDP2 and the Council’s Residential Development Guide relate to the quality and design of a development. Policy 14 – Design, quality and place seeks to encourage, promote and facilitate well designed development that makes successful places. Proposals will be supported where they are consistent with the 6 qualities of successful places. It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. 10.5. SLLDP2 Policies DM1 and DM3 aim to promote quality and sustainability in the design of new houses and state that their design and layout should enhance or make a positive contribution to the character and appearance of the environment in which they are located. DM1 provides requirements for all new development, whereas DM3 provides more specific criteria for proposals which involve the subdivision of garden ground. 10.6. In this instance, it is considered that the proposed dwellinghouse is acceptable in terms of design, size, plot ratio, garden area and parking since it would be comparable to existing properties within the street. The scale and design of the house has been reduced since the previous application was refused making it sympathetic to the existing character of the street. The amendments to the house and plot layout enable 86
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the development to meet the criteria set out in the Residential Development Guide which states that rear gardens should have a minimum depth of 10 metres. Additionally, the off-street car parking layout has been improved and the parking arrangements are satisfactory. In light of this, it is considered that the proposal is acceptable in terms of Policy 14 of NPF4 and Policies 5, DM1 and DM3 of the SLLDP2. 10.7. Conclusion The proposal complies with Policies 1, 2, 14, 15 and 16 of the National Planning Framework 4 (adopted 2023) and Policies 2, 3, 5, DM1 and DM3 of the Local Development Plan 2 (adopted 2021) and will not result in a detrimental impact on either visual or residential amenity. There are no other material considerations which would justify the refusal of planning permission. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. Prior to the commencement of development, details of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That no development shall commence on site until the applicant provides written confirmation from Scottish Water to the Council as Planning Authority that the site can be satisfactorily served by a sewerage scheme designed in accordance with Scottish Water's standards. Reason: To ensure the provision of a satisfactory sewerage system. 04. That before the dwellinghouses hereby approved is occupied, a 2 metre high screen fence shall be erected around the boundary of the rear garden. The 2 metres should be taken from finished floor level of the ground floor and not the sunken basement patio. Reason: In the interest of amenity and in order to limit any overlooking. 05. That before the development hereby approved is completed or brought into use, 3 no. parking spaces shall be laid out, constructed and available for use. Reason: To ensure the provision of adequate parking facilities within the site. 06. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 2.4 metres measured from the heel of the footway shall be provided on both sides of the vehicular access and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line 87
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areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of public safety. 07. That before the dwellinghouse hereby approved is brought into use, a dropped kerb access to the site shall be constructed in accordance with the specification and to the satisfaction of the Council as Roads and Planning Authority. A Road Opening permit will be required to be obtained to carry out this work. Reason: In the interests of traffic and public safety. David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/24/1171 | Demolition of detached garage, alterations/land engineering operations including retaining walls and erection of 4 bed detached house | 24 Covanburn Avenue Hamilton ML3 7PX 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 88
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1184 Proposal: Part change of office building (Class 4) to veterinary surgery (Class 1A) on entirety of ground floor and mix of business use and veterinary surgery on first floor Site Address: 1 Biggar Business Park Market Road Biggar ML12 6FX Applicant: Armac Vets Ltd Agent: DTA Ward: 03 Clydesdale East Application Type: Full Planning Permission Advert Type: Lanark Gazette - Non notification of neighbours Development Plan Compliance: Yes Departures: Not applicable Recommendation: Grant subject to conditions Legal Agreement: Not applicable Direction to Scottish Ministers Not applicable 12 91
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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 is located off Market Road, which is a no through road leading to the south side of Biggar town centre. There is an existing access and parking for the site which contains a 2-storey office building, utilised by several businesses. The building was granted consent for a Class 4 Business Use in 2009, with further information provided in Section 4: Relevant Planning History. 3. Description of Proposed Development 3.1. Permission is sought to change the use of part of the building to Class 1A, in order for it to be used as a veterinary surgery. Five rooms on the upper floor will be retained for Class 4 (office) use. There are no external changes proposed to the building, car park or access. The internal layout plans show facilities including a surgery area, scrub room, kennels and cattery, consultation rooms and reception on the ground floor. Overnight staff accommodation, a laboratory and rest room would be formed on the upper floor. 3.2. The applicant is a veterinary business currently located on Station Road and they advise that they have outgrown their current premises. 4. Relevant Planning History 4.1. The application site was part of the lands formerly occupied by Biggar Agricultural Market and in 1998 permission was granted for a mixed-use development on the site, including a business unit (CL/98/0421). The retail, youth club and residential development associated with this proposal have all been carried out separately. The application site then gained further consent for a building in 2001 and again in 2009 (CL/01/0435 and CL/09/0355). Adjacent land also gained consent for five class 4 units in 2017, ref CL/17/0118, which have not been built out. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- A Design Statement 6. Consultations 6.1. Roads, Transportation and Fleet Services - No objections subject to the provision of Electric Vehicle Charging Points (EVCP) Response: No new parking requirements have been identified and the formation of EVCP is not required. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 41 representations have been received (9 objections, 32 support). The issues raised are summarised as follows:- Loss of office space Associated loss of 7 businesses Lack of alternative locations for these businesses Reduction of office space in Biggar weakens the economy Lack of affordable alternatives 92
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Reduction in vibrancy and creation of a monopoly Expansion of established business should not be at the detriment of others Support Support the expansion of the business Improve the traffic flow to/from the premises It is a crucial business for the area The current building for the vets is a limiting factor The current building is generating parking issues for cars, trucks, trailers and blocking the road for HGV and fire service. Relocating would be a better option The current landlord evicting occupants is not a consequence of the vets relocating Existing tenants will be able to relocate within the town No public nuisance issues such as noise, odour or light pollution An expanding veterinary practice will increase the number of skilled jobs and bring in spend from the surrounding area 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. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable, liveable and productive places. National Planning Framework 4 Policies Policy 3 - Biodiversity Policy 14 - Design, quality and place Policy 26 - Business and industry Policy 28 - Retail 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 1 - Spatial Strategy Policy 8 - Employment Policy 9 - Network of Centres and Retailing Policy 5 - Development Management and Placemaking Policy DM1 - New Development Design 9. Guidance 9.1. None relevant. 93
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10. Assessment and Discussion 10.1. Introduction Planning permission is sought for the change of use of the ground floor and part of the first floor from Class 4 Business to Class 1A Shops and financial and other professional services of 1 Biggar Business Park, Market Road, Biggar. The main issues to be addressed in the determination of this application includes the acceptability in principle of the change of use and the corresponding partial loss of the Class 4 use. 10.2. 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 10.3. Principle of Development The site is designated in the SLLDP2 as a development framework site and covered by the green network policy. The SLLDP2 details that development framework sites are large mixed-use sites, where employment uses will be integrated with other land uses. It is defined in glossary – as ‘A site with the potential for a range of different but complementary uses, often requiring new infrastructure provision and requires a coordinated approach to master planning to secure their delivery’. 10.4. The application site relates to an office block style building which currently has six occupants. The building was erected in 2009/2010 and Class 4 is defined as an office use (where there are not visiting members of the public), for research and development of products and processes and for any industrial process that would not pose an amenity issue. The proposed use as a veterinary practice has been considered to fall under Class 1A - Shops, financial, professional or other services, where the service is principally to visiting members of the public. 10.5. The specific requirements identified in the SLLDP2 for Market Road, Biggar are that it should relate to commercial/business uses. The Development Framework site currently includes a fencing supplies company, an MOT and garage, a nursery, specialist provision of fire protection and caravan sales. There are various pockets of vacant land which remain undeveloped within the site. It is considered that the veterinary use would be a commercial and business use and in principle meets the terms of the development framework use, and overall designation of the site. The proposal meets the terms of SLLDP2 Policy 1 Spatial Strategy and Policy 8 Employment. 10.6. The other consideration is whether this is a suitable location to introduce a Class 1A use, which could be used for retail. SLLDP2 Policy 9 Network of Centres and Retailing and NPF4 Policy 28 Retail both detail that proposals for retail should be consistent with the town centre first principal – i.e. retail should be first located in existing town centres and thereafter in commercial areas if allocated as suitable for retail in the development plan. These policies aim to ensure retail supports vibrant town centres. 10.7. Whilst the proposal for a veterinary use does fall in Class 1A, as a professional service used by the public, the supporting statement clearly sets out that the occupier is not a traditional retail use. As also set out in representations, the veterinary use relates to large animals/farm use, where suitable access and parking is a key factor. A traditional high street arrangement such as Biggar town centre is not likely to be suitable. There have been parking issues highlighted on Station Road where the business currently operates. It is considered appropriate, in this case, for the veterinary practice to be relocated to the application site. However, that use should be restricted by condition 94
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to only the veterinary use and restrict any future change to retail use or other professional service which would be better located in the town centre of Biggar. 10.8. A further consideration is the loss of Class 4 premises within Biggar. Several representations have been received in this regard, which have raised the lack of other available Class 4 provision within the Biggar area to relocate to. It should be noted that some of the existing businesses within the building may not have fallen within the Class 4 use. As they may have been receiving members of the public such as accountants or personal trainers. More traditional retail locations, such as shop units on Biggar High Street may provide suitable premises for these businesses. 10.9. Currently the Class 4 units within Biggar consist of the building to which the application relates and the Core Industrial and Business Area off Station Road. The proposal if approved would retain a small number of Class 4 units on the first floor. A building company and an agricultural and general engineering company currently occupy the Core Industrial Area and there are no obvious vacant units. The development framework site, within which the application site sits, consists of vacant land which could be developed out for Class 4 use. 10.10. The partial loss of the Class 4 use within this building is a material consideration. There is another core industrial designation within the town and there is some provision retained within the application site. There is other land within the vicinity for business and it is not considered the loss of Class 4 use carries sufficient weight to recommend refusal. Overall, and on balance it is considered the principle of development meets the terms of Policy 1 Spatial Strategy. 10.11. There is suitable access and parking arrangements for the proposed use. Furthermore, as a change of use of an existing building, the other priorities of the development framework site (green network and energy statement) are not relevant. Nor is it proportionate to apply a biodiversity measure. It is considered that the proposal meets the terms of Policy 5 and DM1 of SLLDP2 and Policy 14 of NPF4. 10.12. Conclusion In summary, the main consideration is whether the use as a veterinary business within Biggar Business Park is suitable in land use terms. It is considered with a suitable condition limiting use as a veterinary business only, that it would meet the terms of the designation, as a commercial and business site. The partial loss of Class 4 uses is regrettable, however, there are other Class 4 uses within the town and vacant areas awaiting development. Following a detailed assessment of the proposal, it is considered to meet the terms of the development plan and is therefore an acceptable form of development at this location. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 95
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02. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any such order revoking or re- enacting that order), the use of 1 Biggar Business Park (the application site) shall be restricted to use as veterinary surgery and Class 4, as shown on approved plans L2 01, and for no other purpose within Class 1A as defined in the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, without the prior written consent of the Council as Planning Authority. Reason: To ensure that the Council retains control over future developments on the site. 03. That before any change of use takes place, details of any boundary treatment(s) required shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 12. Reason for Decision 12.1. The application seeks full planning permission to change the use of Class 4 Business in part to Class 1A (the ground floor and part of first floor) of 1 Biggar Business Park, Market Road, Biggar for use by a veterinary surgery. The proposed use is considered acceptable, subject to a condition restricting use to a veterinary surgery only, in a commercial/business development framework site. The loss of the Class 4 use is not considered to carry sufficient weight to recommend refusal. The proposal meets the terms of Policy 1, 8, 9, 5 and DM1 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and Policy 26, 28 and 14 of National Planning Framework 4 (adopted 2023). David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/24/1184 | Part change of office building (Class 4) to veterinary surgery (Class 1A) on entirety of ground floor and mix of business use and veterinary surgery on first floor. | 1 Biggar Business Park Market Road Biggar ML12 6FX 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 96
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 February 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1379 Proposal: Residential development comprising 105 dwellings, MUGA, landscaping and associated infrastructure (Section 42 application to vary condition 15 of P/22/0056 to facilitate alterations to the approved landscaping scheme) Site Address: Land 115m Northwest of 52 Rickard Avenue Strathaven ML10 6GW Applicant: Bancon Homes and Paterson Partners Burn O'Bennie Road Banchory Agent: N/A Ward: 05 Avondale and Stonehouse Application Type: Further Application to vary a condition under Section 42 of the Act Advert Type: Non-notification of neighbours: East Kilbride News 27.11.2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: A legal agreement for the wider masterplan site was agreed by EK/12/0003 that covers this site. This Section 42 application would be subject to an amended version of the same Section 75 agreement if approved. Direction to Scottish Ministers N/A 13 99
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a Major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site, which extends to 8.8 hectares, comprises Phases 3 and 4 of the East Overton Masterplan site of 22.6 hectares located on the northeast edge of Strathaven. The site is bound to the west by East Overton House beyond which is land designated for business use within the Local Development Plan with access provided from the existing Hamilton Road industrial area. 2.2. The application site is irregularly shaped and relatively flat. Vehicular access to these two phases would be taken via the existing road infrastructure constructed as part of the earlier phases, linking through to the roundabout on Glassford Road. 3. Description of Proposed Development 3.1. The application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) seeking planning permission for the development of land but with the variation of a condition attached to a previous planning permission. 3.2. The applicant wishes to vary condition 15 of P/22/0056 to facilitate alterations to the approved landscaping scheme. The key changes between this and the previously approved landscaping scheme are the exclusion of a previously indicated skate park and its replacement with a community growing area, communal picnic benches, community orchard, community gathering area, play mounds and tractor play park. 3.3. Condition 15 of planning permission P/22/0056 states:- That the approved landscaping scheme (Drawing No. BH255-BHL-XX-XX-DR- AL(90)001 P03) shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the buildings or completion of the development hereby approved, whichever is the sooner, and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council. Reason: In the interests of amenity 3.4. The applicant has requested that condition 15 be amended to:- That the approved landscaping scheme (Drawing No. BH255-BHLl-XX-XX-DR- AL(90)002) shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the buildings or completion of the development hereby approved, whichever is the sooner, and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council unless otherwise agreed in writing with the Council. Reason: In the interests of amenity. 3.5. If successful, the effect of a Section 42 application to remove a planning condition is to grant a further planning permission for the whole development again but with the condition removed or amended as appropriate. All other conditions, if relevant, are also required to be attached to any new planning permission. If the proposed removal of the condition is deemed unacceptable, then Section 42 of the Act requires the 100
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application to be refused. Any refusal of an application under Section 42 of the Act does not have any effect on the original planning permission. 4. Relevant Planning History 4.1. The application site has an extensive planning history as detailed below:- EK/12/0003 - Planning permission in principle (PPP) was granted in December 2014 for a Residential master plan, leisure, employment and vehicular access from Glassford Road. Phased over 20 years. EK/14/0392 - An application for Matters Specified in Conditions for 138 dwellinghouses with associated roundabout access, infrastructure, SUDs and landscaping (Matters Specified in Conditions Application relating to EK/12/0003) was approved in March 2015. P/20/0523 - An application for Matters Specified in Conditions for Residential development and associated roads, footpaths, open space and landscaping (37 units) (Approval of matters specified in conditions 1 a-i; 6; 24; 28; 29; 30 of planning permission in principle EK/12/0003) was approved in September 2020. P/21/1391 - Detailed consent was granted in December 2021 for a Residential development comprising 105 dwellings, MUGA, landscaping and associated infrastructure. P/22/0056 - A Section 42 application for variation of condition 8 of planning permission Ref: P/21/1391 to enable up to 15 dwellinghouses to be occupied prior to the agreed road upgrade scheme being implemented in full was approved in April 2022. This is the operational consent for the site. 5. Supporting Information 5.1. None applicable 6. Consultations 6.1. None required. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 2 letters of representation have been received. The issues raised are summarised as follows:- The skate park should be retained, not all children will use the play park. Disagree with access to this development which will generate traffic to the detriment of road safety beside a children’s play area. Strain on drainage and infrastructure of current development. 7.2. The above issues are considered in the assessment below. The 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. The development plan comprises the South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 101
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8.2. National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 14 - Design, Quality, and Place Policy 15 - Local Living and 20-minute Neighbourhoods Policy 16 - Quality Homes Policy 21 - Play, Recreation and Sport South Lanarkshire Local Development Plan 2 8.3. 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 is affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies • Policy 2 - Climate Change • Policy 3 - General Urban Areas • Policy 5 - Development Management and Placemaking • Policy 11 - Housing • Policy DM1 - New Development Design 9. Guidance 9.1. Planning Circular 3/2022: Development Management Procedures This sets out that in determining a Section 42 application, authorities may consider only the issue of the conditions to be attached to any resulting permission. However, in some cases this does not preclude the consideration of the overall effect of granting a new planning permission, primarily where the previous permission has since lapsed or is incapable of being implemented. 9.2. Where it is considered that permission should be granted subject to different conditions, a new permission needs to be granted with all the relevant conditions attached. 10. Assessment and Discussion 10.1. This application has been submitted under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended). 10.2. Principle of Development This type of application does not revisit the principle of development on the site but only considers the appropriateness of the conditions attached to the previous consent and whether it is acceptable to amend or delete as requested. 10.3. The application site is located within both the settlement boundary and an allocated housing site where the principle of residential development is acceptable therefore the current application proposal to vary a landscaping planning condition pertaining to a residential development raises no issues in relation to Policy 3 General Urban Areas and Policy 11 Housing of the South Lanarkshire Local Development Plan 2. 102
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10.4. Climate Change The application relates to the variation of a landscaping condition which would include a community growing area and community gathering space. It is, therefore, considered that the proposal raises no issues with NFP4 Policy 1 Tackling the Climate and Nature Crises, NPF4 Policy 2 Climate Mitigation and Adaptation, NPF4 Policy 3 Biodiversity and Policy 2 of the South Lanarkshire Local Development Plan 2 in this instance. 10.5. Layout, Siting and Design Whilst it is acknowledged that the landscaping proposals have been amended to exclude the skate park, there would still be a high standard of amenity space provision therefore it is considered that the proposal generally complies with Policies 14, 15 and 16 of NPF4. 10.6. NPF4 Policy 21 Play, recreation and sport seeks to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. It is acknowledged that the proposed variation to the landscaping condition would result in the loss of a skate park (a concern raised by a neighbouring proprietor), however, the quantity of amenity space to be delivered remains the same, and this area is not proposed to be redeveloped for additional housing. 10.7. Policy 5 - Development Management and Placemaking and Policy DM1 - New Development Design states that development proposals should take account of and be integrated within the local context and built form and in this context it is considered that the proposed community garden and growing areas are acceptable. 10.8. Conclusion It is considered that the variation to Condition No. 15 does not alter the intent or purpose of the original permission. The proposal would not have an adverse impact on residential or visual amenity and road safety nor raise any significant environmental or infrastructure issues that would merit refusal. It is therefore considered that the proposed variation of the condition is acceptable and raises no issues in relation to the NPF4 policies and the SLLDP2 policies. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant planning permission subject to the conclusion of an amended Section 75 agreement and the conditions set out below:- Conditions and reasons:- 01. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: In the interests of amenity and in order to retain effective planning control. 02. That before the dwellinghouses hereby approved are completed or brought into use, a private vehicular access or driveway of at least 6m metres in length shall be provided and the first 2 metres of this access from the heel of the footway/service strip shall be hard surfaced across its full width to prevent deleterious material being carried onto the road. 103
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Reason: In the interests of traffic and public safety. 03. That the driveway dimensions shall be detailed as per the National Roads Development Guide, 3m x 6m for each parking space. These dimensions exclude pedestrian access. To allow a garage to count as a space it will require to meet the minimum dimensions as per the National Roads Development Guide, an internal minimum size of 3m x 7m, unless otherwise agreed. Reason: To ensure adequate on-curtilage parking is provided. 04. That a suitable system of site drainage shall be required to prevent surface water flowing onto the public road, details of which shall be submitted for consideration and approval to the Council as Planning and Roads 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. 05. That all construction and/or other vehicles shall be able to access and exit the site in forward gears, therefore a turning area must be provided, together with sufficient parking to accommodate all site staff / operatives parking requirements, details to be submitted for approval in writing by the Council as Planning and Roads Authority. Reason: In the interests of traffic and public safety. 06. That access to all off street parking should be by means of a drop kerb footway / service strip crossing. All service strip crossings should be constructed as footway / carriageway specification. Reason: In the interests of traffic and pedestrian safety. 07. That the applicant shall provide a Traffic Management Plan (TMP), including details of the haul road link with the industrial estate, the traffic routes of construction vehicles, site compound, show where all vehicles and deliveries will be located, on-site parking and wheel washing facilities / road cleaning systems. The TMP should restrict all site work (including vehicle movements) from operating within the school opening and closing times, unless otherwise agreed. No work shall commence until the TMP has been approved in writing by the Council as Planning Authority. Reason: In the interests of road and public safety. 08. No development shall take place on the site until a scheme, approved in writing by the Planning Authority, for the carriageway widening of Berebriggs Road to permit two way flow along its entire length has commenced. No more than 15 dwellinghouses shall be constructed and no dwellinghouses shall be occupied until the agreed scheme has been implemented in full or unless otherwise agreed in writing with the planning authority. Reason: In the interests of traffic and public safety. 09. That the carriageway widening at Berebriggs Road will be considered to have commenced upon the earliest date on which any material operation begins to be carried out. For the avoidance of doubt, the definition of material operation is as per section 27(4) of the Town and Country Planning (Scotland) Act 1997. The applicant 104
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shall advise the planning authority in writing that the carriageway widening has commenced in advance of construction commencing at phases 3 and 4 or unless otherwise agreed in writing with the planning authority. Reason: In the interests of traffic and public safety and to retain effective planning control. 10. That all new residents within the approved site shall be issued by the applicant with a Residential Travel Pack. Reason: To encourage the use of public transport, walking and cycling. 11. That prior to commencement of works on site, details of provision of vehicle electric charging points associated with each dwelling shall be submitted to and approved in writing by the Council as Planning and Roads Authority. Reason: In the interests of climate change. 12. That the surface water from the site shall be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland and with the Council's Sustainable Drainage Design Criteria (or any subsequent updated version of this guidance) and shall be agreed in writing with the Council as Planning Authority in consultation with SEPA. 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. 13. That prior to commencement of works on site the applicant shall submit a flood risk assessment to be carried out in accordance with the latest industry guidance. Copies of the self-certification and Independent Check certificates contained within Appendices A and B (refer to the Council's developer design guidance May 2020) duly signed by the relevant party is to be submitted. Reason: In order to ensure the risk of flooding to the application site from any source is at an acceptable level as defined in the Scottish Planning Policy and there is no increase in the future flood risk to adjacent land as a result of the proposed development. 14. That prior to commencement of works, a drainage strategy to support development Phase 3 and 4 and a sustainable drainage system serving the application site, designed and independently checked in accordance with the Council's current developer design guidance May 2020 is to be provided. Copies of the self-certification and Independent Check certificates contained within Appendices C and D (refer to the Council's developer design guidance May 2020) duly signed by the relevant parties are to be submitted. Reason: To ensure the provision of a satisfactory land drainage system. 15. That the approved landscaping scheme (Drawing No. BH255-BHLl-XX-XX-DR- AL(90)002) shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the buildings or completion of the development hereby approved, whichever is the sooner, and shall 105
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thereafter be maintained and replaced where necessary to the satisfaction of the Council unless otherwise agreed in writing with the Council. Reason: In the interests of amenity. 16. That prior to any work commencing on the site, a maintenance management schedule for the landscaping scheme approved under the terms of Condition 15 above shall be submitted to and approved by the Council as Planning Authority. Thereafter, the landscaping shall be maintained in accordance with the approved management schedule to the satisfaction of the Council. Reason: In the interests of amenity and to retain effective planning control. 17. That prior to the completion, or occupation, of the last dwellinghouses within the development all of the works required for the provision of equipped play area(s) included in the scheme hereby approved, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area. Reason: In order to retain effective planning control. 18. That the developer shall arrange for any alteration, deviation or reinstatement of statutory undertakers apparatus necessitated by this proposal all at his or her own expense. Reason: In the interests of amenity. 19. That no development shall commence on site until the applicant provides written confirmation from Scottish Water to the Council as Planning Authority that the site can be satisfactorily served by a sewerage scheme designed in accordance with Scottish Water's standards. Reason: In order to retain effective planning control. 20. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, a change of use of any garage (whether integral or detached) to living accommodation associated with the dwellinghouse on the plot shall be subject to a further planning application to the Council as Planning Authority. Reason: In order to retain effective planning control. 21. That details of the construction and makeup of the footpath/cycleway linking the development with Hamilton Road and the peripheral woodland footpaths shall be submitted for approval in writing by the Council as Planning Authority within 3 months of the date of this consent. For avoidance of doubt, the 3 metre wide footpath/cycleway shall incorporate a pedestrian barrier, drainage and street lighting. Reason: These details have not been submitted. 22. The footpath/cycleway and peripheral woodland footpaths referred to in Condition 21 above shall be implemented and operational prior to the completion of the last dwellinghouse. Thereafter, the footpath/cycleway shall be constructed and maintained to the satisfaction of the said Authority. Reason: To encourage the use of public transport, walking and cycling. 106
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23. Where the footpath / cycleway, referred to in Conditions 21 and 22 above meets Hamilton Road, the existing footway, over the boundary of the applicants' site, shall be widened to a minimum of 2 metres to the satisfaction of the Council as Roads Authority. Reason: In the interests of public safety. 24. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 25. That the applicant shall undertake a noise impact assessment examining the design and use of the proposed outdoor facilities. The report shall consider the noise escape from the community garden, MUGA and play areas in connection with any nearby residential properties including those being developed. This shall be submitted to the Council within 3 months of the date of the planning permission, and thereafter approved in writing by the Council as Planning Authority. Any measures required to minimise noise shall be implemented prior to the development being brought into use and shall thereafter be implemented in accordance with the approved scheme to the satisfaction of the Council as Planning Authority. For the avoidance of doubt, the report shall identify any measures required to ensure that there is minimal noise impact on neighbouring properties and shall include issues such as management of the facilities and hours of operation. Reason: In the interests of amenity. 26. Prior to commencement of development, or otherwise agreed by the Council as Planning Authority, the applicant shall undertake a noise assessment to determine the impact of noise from (specify relevant sources) on the proposed development. This shall use the principles set out in British Standard BS 4142:2014 - Method for Rating and Assessing Industrial and Commercial Sound, or a method agreed by the Planning Authority. The assessment shall be submitted to and approved by the Planning Authority and shall identify:- 1 The maximum Rating Levels- LAr,Tr (Including penalties either subjective or objective as appropriate) 2 The statistical average Background Noise Level (LA90,30min) to which any part of the development will be exposed. The Background Noise Level for the most noise sensitive period that the source could operate shall be used for this assessment 3 Details of uncertainty shall be provided accompanied with meteorological data for the measurement period 107
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4 The levels should indicate the compliance with:- The external Community noise levels relative to The WHO Community Noise Guideline levels The internal noise levels relative to BS8233:2014 Guidance on sound insulation and noise reduction for buildings. Where the Level of Significance as described within the Scottish Government Document: Technical Advice Note Assessment of Noise, identifies changes in noise as moderate or greater (assessed with windows open), a scheme for protecting the proposed dwelling(s) from the noise shall be submitted to, and approved by, the Planning Authority. The approved scheme for the mitigation of noise shall be implemented prior to the development being brought into use and where appropriate, shall be retained in accordance with the approved scheme to the satisfaction of the Council as Planning Authority. Any survey submitted should assess the noise effects of commercial vehicle deliveries on adjacent dwellings. Reason: In the interests of amenity. 27. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 12. Reasons for Decision 12.1. The proposal is considered to be generally consistent with NPF4 Policies 1, 2, 3, 14, 15, 16, 21 and 23 and with Policies 2, 3, 5, 11 and DM1 of the South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 27 January 2025 Background Papers Further information relating to the application can be found online:- P/24/1379 | Residential development comprising 105 dwellings, MUGA, landscaping and associated infrastructure (Section 42 application to vary condition 15 of P/22/0056 to facilitate alterations to the approved landscaping scheme). | Land 115M Northwest Of 52 Rickard Avenue Rickard Avenue Strathaven ML10 6GW Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 108
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