Agenda Document Pack - Planning Committee - 04/03/2025
South Lanarkshire Council · 4 March 2025
Back to Planning Committee — 4 March 2025 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 24 February 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 March 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 4 February 2025 submitted for approval as a correct record. (Copy attached) 5 - 12 Item(s) for Decision 3 Application P/24/0260 for Mixed Use Development Including Residential, Hotel and Commercial Uses, Demolition and Ancillary Works (Planning Permission in Principle) at Shawfield Stadium, Rutherglen Road, Rutherglen Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 13 - 32 4 Application P/24/0332 for Erection of House with Associated Landscaping and Access Arrangements at New Steadings Farm, Green Towers Road, Lanark Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 33 - 42 5 Application P/24/1069 for Formation of Fishing Ponds and Associated Facilities (Section 42 Application to Vary the Terms of Condition 21 of Planning Consent P/19/1807 to Allow Continued Operations at the Site for a Further 10 Year Period) at Woodend Farm, Carnwath, Lanark Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 43 - 54 6 Application P/24/1185 for Erection of Single Storey House and Relocation of Existing Stables at Knowehead Farm, Blackburnmill Highway, Strathaven Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 55 - 62 7 Application P/24/1282 for Section 42 Application to Vary Condition 18 of Planning Consent P/21/1100 to Amend Position of Substation Associated with Wind Turbine at Land at West Dykes, Muirkirk Road, Strathaven Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 63 - 74 8 Application P/24/1373 for Erection of House at Newark Farm, Land 135 Metres Northwest of Newark Mill, Whitecraigs Highway, Glassford, Strathaven Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 75 - 82 9 Application P/24/1421 for Erection of 6 2-Storey Houses (2 Terraced Blocks) and a 3-Storey Block of 18 Flats with Associated Parking, Landscaping and Associated Services at Land Enclosed by High Blantyre Road, Glenlee Street and Reid Street, Hamilton Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 83 - 94 2
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10 Application P/24/1423 for Erection of 2 3-Storey Blocks of Flats (24 Units) with Associated Parking, Landscaping and Associated Services at Land at Backmuir Road, Hamilton Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 95 - 106 11 Application P/24/1465 for Erection of Single Storey House with Attic Space, Associated Garage/Studio Space and Formation of New Driveway at Land 82 Metres Northwest of 148 Lanark Road, Crossford, Carluke Report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 107 - 114 Urgent Business 12 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 4 February 2025 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 Celine Handibode, Councillor Graeme Horne, 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 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 L Hamilton, Administration Officer; S Jessup, Administration Assistant; S McLeod, Administration Officer Order of Business The Committee decided: that the items of business be dealt with in the order minuted below. 1 Declaration of Interests Councillor(s) Shearer Item(s) Application P/23/0619 for installation of air source heat pump (retrospective) at Plot 23, Waterlands Road, Law, Carluke Nature of Interest(s) Prior involvement in application Shearer Application P/23/1183 for installation of air source heat pump to side of house (retrospective) at Plot 29, Waterlands Road, Law, Carluke Prior involvement in application Donnelly 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 Prior discussion with constituents 2 5
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2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 3 December 2024 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Application P/23/0619 for Installation of Air Source Heat Pump (Retrospective) at Plot 23, Waterlands Road, Law, Carluke A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0619 by T Smith for the installation of an air source heat pump (retrospective) at Plot 23, Waterlands Road, Law, Carluke. 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/23/0619 by T Smith for the installation of an air source heat pump (retrospective) at Plot 23, Waterlands Road, Law, Carluke be granted. Councillor Shearer, having declared an interest in this item, withdrew from the meeting during its consideration Councillor Horne joined the meeting during consideration of this item of business 4 Application P/23/1183 for Installation of Air Source Heat Pump to Side of House (Retrospective) at Plot 29, Waterlands Road, Law, Carluke A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1183 by J Gilhaney for the installation of an air source heat pump to the side of the house (retrospective) at Plot 29, Waterlands Road, Law, Carluke. 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/23/1183 by J Gilhaney for the installation of an air source heat pump to the side of the house (retrospective) at Plot 29, Waterlands Road, Law, Carluke be granted. Councillor Shearer, having declared an interest in this item, withdrew from the meeting during its consideration 5 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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/0927 by Muirhall Energy Limited for the installation of a 9.8 megawatt (MW) battery storage facility and associated infrastructure at land 290 metres north northwest of 3 Leadhills Road, Elvanfoot, Biggar. 6
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Following discussion, during which an officer responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Barker, seconded by Councillor Shearer, moved that the application be refused on the grounds that the application site was 50 metres from the nearest residential property which was too close. On a vote being taken using the electronic voting system, 9 members voted for the amendment and 14 for the motion which was declared carried. The Committee decided: that planning application P/23/0927 by Muirhall Energy Limited for the installation of a 9.8 megawatt (MW) battery storage facility and associated infrastructure at land 290 metres north northwest of 3 Leadhills Road, Elvanfoot, Biggar be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1581 by Taylor Wimpey West Scotland for a 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 planning consent 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. The Committee decided: that planning application P/23/1581 by Taylor Wimpey West Scotland for a 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 planning consent CR/09/0139) to facilitate the erection of 206 residential dwellings and associated works and discharge of condition 2 (a-h) of planning consent CR/15/0007) at Newton Farm POD 2F, Harvester Avenue, Cambuslang be granted. [Reference: Minutes of 24 March 2015 (Paragraph 18)] 7 Application P/23/1613 for Installation of a 49.9 Megawatt (MW) Battery Energy Storage Facility (BESS) with Associated Infrastructure at Sheriffaulds Farm, Muttonhole Road, Hamilton A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/23/1613 by Big Battery (Sheriff Faulds Farm 1) Limited for the installation of a 49.9 megawatt (MW) battery energy storage facility (BESS) with associated infrastructure at Sheriffaulds Farm, Muttonhole Road, Hamilton. 7
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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/23/1613 by Big Battery (Sheriff Faulds Farm 1) Limited for the installation of a 49.9 megawatt (MW) battery energy storage facility (BESS) with associated infrastructure at Sheriffaulds Farm, Muttonhole Road, Hamilton be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0808 by W&D Investments for the erection of 6 dwelling flats and associated infrastructure at land 50 metres south of 1A Wilkie Road, Wilkie Road, Uddingston. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/0808 by W&D Investments for the erection of 6 dwelling flats and associated infrastructure at land 50 metres south of 1A Wilkie Road, Wilkie Road, Uddingston be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1038 by IA Real Estate Limited for the change of use of an after-school care facility (class 10) to retail (class 1A) and associated alterations at 20 Argyle Drive, Hamilton. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/1038 by IA Real Estate Limited for the change of use of an after-school care facility (class 10) to retail (class 1A) and associated alterations at 20 Argyle Drive, Hamilton be refused for the reasons detailed in the Executive Director’s report. [Reference: Minutes of 22 November 2022 (Paragraph 3)] Councillor Donnelly, having declared an interest in this item, withdrew from the meeting during its consideration 8
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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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1149 by Priestgill Wind Farm Limited for the installation of a 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. There followed a discussion on the application during which officers responded to members’ questions on aspects of the report. The Chair asked that it be noted that the public road through Abington should be reinstated to an appropriate standard following completion of works and called upon the developer to maintain regular contact with local elected members in terms of arrangements to minimise disruption to the local community. The Committee decided: that planning application P/24/1149 by Priestgill Wind Farm Limited for the installation of a 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 be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 1 December 2020 (Paragraph 9)] 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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1171 by G Ferguson for the demolition of a detached garage, alterations/land engineering operations including retaining walls and erection of a 4-bedroom detached house at 24 Covanburn Avenue, Hamilton. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/1171 by G Ferguson for the demolition of a detached garage, alterations/land engineering operations including retaining walls and erection of a 4-bedroom detached house at 24 Covanburn Avenue, Hamilton be granted subject to the conditions specified in the Executive Director’s report. 9
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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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1184 by Armac Vets Limited for a part change of use of an office building (class 4) to a veterinary surgery (class 1A) on the entirety of the ground floor and a mix of business use and a veterinary surgery on the first floor at 1 Biggar Business Park, Market Road, Biggar. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/1184 by Armac Vets Limited for a part change of use of an office building (class 4) to a veterinary surgery (class 1A) on the entirety of the ground floor and a mix of business use and a veterinary surgery on the first floor at 1 Biggar Business Park, Market Road, Biggar be granted subject to the conditions specified in the Executive Director’s report. 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 A report dated 27 January 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1379 by Bancon Homes and Paterson Partners for a residential development comprising of 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. 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. The Committee decided: that planning application P/24/1379 by Bancon Homes and Paterson Partners for a residential development comprising of 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 be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of an amended version of the Section 75 Agreement, between the Council, site owner(s) and the applicant, in respect of planning consent EK/12/0003 [Reference: Minutes of 7 July 2015 (Paragraph 15) and 29 March 2022 (Paragraph 15)] 10
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14 Urgent Business There were no items of urgent business. 11
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0260 Proposal: Mixed use development including residential, hotel and commercial uses, demolition and ancillary works (Planning Permission in Principle) Site Address: Shawfield Stadium Rutherglen Road Rutherglen Applicant: Shawfield Regeneration Ltd Agent: Ryden Ward: 12 – Rutherglen Central and North Application Type: Planning Permission in Principle Advert Date: Rutherglen Reformer 20 March 2024 Development Plan Compliance: No Departures: Yes Recommendation: Grant (subject to conditions and the conclusion of a Section 75 legal agreement) Legal Agreement: The Planning Committee is also advised that approval should be subject to the conclusion of a legal agreement(s) covering:- 1. Education Contribution Payments 2. Community Contribution Payments 3. On-site Affordable Housing Provision The applicant will be responsible for meeting the Council’s reasonably incurred legal expenses in respect of the legal agreement. Direction to Scottish Ministers N/A 3 13
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1. Reason for Report 1.1. This application is being presented to Committee as it constitutes a National Development under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Scheme of Delegation requires that all National Developments are determined by the Planning Committee. 1.2. The Committee is advised that, in accordance with regulations associated with National Developments, a hearing was offered to the applicants and all representees in respect of the proposal. However, as none of those contacted elected to accept the offer of a hearing, a pre-determination hearing is not required. 2. Site Description 2.1. The site, which measures approximately 4.72 hectares in area, is located on Rutherglen Road with Shawfield Drive to the east and a commercial unit to the south currently in use as a tile showroom. 2.2. The site currently comprises the former stadium, which has fallen into a state of disrepair. A car parking area is located to the south-west of the site adjacent to Rutherglen Road, while there is an elevated area of unmaintained ground located at the north of the site. While the former playing field within the stadium is flat, the site’s overall natural landform slopes up from a low point on the south-east of the site towards the north and the River Clyde. 3. Description of Proposed Development 3.1 Planning Permission in Principle is sought for the redevelopment of the site for a mixed use development including residential, hotel and commercial uses, including demolition and ancillary works. All existing structures within the site would be removed to facilitate the proposed redevelopment. 3.2. As the application is for Planning Permission in Principle detailed plans do not require to be submitted at this stage. However, sufficient design detail has been provided to address technical matters upfront, including site access, drainage strategy and ground conditions, while an indicative design layout has also been provided to seek to establish site capacity in terms of scale, mass and density. In this regard the proposals seek permission for the development of the site for the following:- circa 450 residential units, largely expected to be flatted in a variety of sizes and tenures circa 150 bedroom hotel with associated ground floor amenities provision of circa 700sqm of ground floor commercial space to accommodate local facilities. Such facilities could include Class 1A retail and commercial, office space, Class 3 food and drink/sui generis and Class 11 assembly and leisure uses 4. Relevant Planning History 4.1. Shawfield Stadium formed part of the Shawfield Masterplan area approved under Planning Permission in Principle consent CR/12/0099 in December 2012. Within the overall masterplan the stadium site was designated as office and leisure space. 4.2. A Proposal of Application Notice (PAN) for the proposed development was submitted in October 2023 (P/23/0020/PAN) with details provided of multiple pre-application public consultation events, and confirmation that details of the proposal would be sent to local elected members and other representatives and groups as appropriate. 14
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5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- - Planning Statement - Design and Access Statement - Pre-Application Consultation Report - Transport Assessment - Tree Survey Report - Statement of Energy - Phase 1 Contamination Study - Flood Risk Assessment - Drainage Impact Assessment - Heritage Assessment - Preliminary Ecological Appraisal - Archaeological Assessment 6. Consultations 6.1. Environmental Services – No objections subject to the inclusion of conditions relating to noise, waste, dust, air quality and contamination issues. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.2. Roads, Transportation and Fleet Services (Development Management) – No objections subject to the inclusion of conditions relating to car parking, servicing, sustainable transport and traffic management issues. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.3. Roads, Transportation and Fleet Services (Flood Risk Management) – No objections subject to the inclusion of a condition relating to flooding and drainage issues. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.4. Education Resources – No objections subject to the provision of appropriate education contributions by the developer to ensure the provision of nursery, primary and secondary education capacity to serve the development. Response: Noted. These matters would be addressed through a legal agreement forming part of any consent to be issued. 6.5. Housing Services – No objections subject to the Council’s affordable housing requirement of 25% being provided as part of the development. Response: Noted. This matter could be addressed through a condition and on the decision notice if the application were to be approved. 6.6. West of Scotland Archaeology Service - No objections subject to the inclusion of a condition relating to archaeological matters. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.7. Scottish Water – offered no objections to the proposed development. Response: Noted. 15
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6.8. SEPA - No objections subject to the inclusion of a condition relating to flooding and drainage issues. Response: Noted. This matter could be addressed through a condition and on the decision notice if the application were to be approved. 6.9. Historic Environment Scotland – offered no objections to the proposed development. Response: Noted. 6.10. SP Energy Networks – have not responded to date. 6.11. Transport Scotland – No objections subject to the inclusion of a condition relating to sustainable transport matters. Response: Noted. This matter could be addressed through a condition and on the decision notice if the application were to be approved. 6.12. Glasgow City Council – No response. 6.13. Scotland Gas Networks – offered no objections to the proposed development. Response: Noted. 6.14. SportScotland – offered no objections to the proposed development. Response: Noted. 6.15. SPT – No objections subject to the inclusion of a condition relating to bus stop provision. Response: Noted. This matter could be addressed through a condition and on the decision notice if the application were to be approved. 6.16. Glasgow Airport – No objections subject to the inclusion of a condition requiring the airport to be further consulted in the event that any element of the future detailed design exceeded 90 metres in height. Response: Noted. The airport would be further consulted as a matter of course in the event that such a development was proposed. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of three objections and three letters of support have been received. The issues raised are summarised as follows:- Traffic Parking provision Flooding Amenity provision Scale of development Pollution The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. Other non-material issues were also raised, however, these are not planning related and do not form part of the assessment of the proposal. 16
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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 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 7 - Historic assets and places Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 13 - Sustainable transport Policy 14 - Design, quality and place Policy 15 - Local Living and 20 minute neighbourhoods Policy 16 - Quality homes Policy 22 - Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 7 - Community Infrastructure Assessment Policy 8 - Employment Policy 11 - Housing Policy 12 - Affordable Housing Policy 13 - Green Network and Greenspace Policy 14 - Natural and Historic Environment Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy ICD1 - Strategic Economic Investment Locations Policy NHE9 - Protected Species Policy NHE20 - Biodiversity Policy SDCC1 - Vacant, Derelict and Contaminated Land Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems 17
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9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development and an assessment of technical matters. The policies contained within National Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the main consideration in this case, together with an assessment of any other material planning considerations. 10.2. Principle of Development In terms of land use designation, the site is located within the Shawfield SEIL (Strategic Economic Investment Location) as designated by Policy 8 – Employment and Policy ICD1 – Strategic Economic Investment Locations of the South Lanarkshire Local Development Plan 2. The site is also located within the wider Clyde Gateway Development Framework site as designated by Policy 1 – Spatial Strategy. 10.3. The previous Planning Permission in Principle consent for the wider site (Planning Ref: CR/12/0099) designated the stadium site as office and leisure space. As such, the previous consent included a non-strategic economic land use in the form of leisure space. The current proposal would result in the site being almost entirely removed from business use, with residential, hotel and commercial uses, to include up to 700 square metres of ground floor retail, commercial, food and drink/sui generis and gym/leisure uses, though an element of office space provision may be retained. As such, the proposed development would not fully conform to the provisions of Policies 8 or ICD1 of the adopted Local Development Plan, as these policies generally require business and industry land, in particular SEILs, to be retained for employment land uses. 10.4. With regard to the other provisions of NPF4, Policy 14 – Design, Quality and Place seeks to encourage, promote and facilitate well designed development that makes successful places. Policy 15 – Local Living and 20 minute neighbourhoods seeks to encourage, promote and facilitate the application of the Place Principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. In this case, while the site is not currently designated for residential use, it is located at the north-western edge of the Clyde Gateway Development Framework site, on the boundary of South Lanarkshire Council and Glasgow City Council. 10.5. The site is in close proximity to both Richmond Park and existing residential developments at Oatlands and Bridgeton. It is therefore well connected to existing neighbourhoods and green spaces and is considered to have the scope to provide a development that facilitates the aims of Policies 14 and 15. 10.6. Policy 16 – Quality homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meets the diverse housing needs of people and communities across Scotland. SLLDP2 Policy 11 - Housing and Policy 12 – Affordable Housing require that developers provide a range of house sizes and types to give greater choice in meeting the needs of the local community, with Policy 12 specifically requiring the Council’s affordable housing requirements to be met as part of proposed developments. It is considered that this proposed development has the potential to provide up to 450 residential dwellings in a sustainable location, while also making 18
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appropriate on-site provisions in respect of affordable housing. As such, the proposals are considered to meet the aims of Policy 16 of NPF4 and Policies 11 and 12 of SLLDP2. 10.7. Policy 9 – Brownfield, vacant and derelict land and empty buildings of NPF4 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Policy SDCC1 – Vacant, Derelict and Contaminated Land of the South Lanarkshire Local Development Plan 2 reinforces this position, with a specific emphasis on implementing delivery on brownfield land in the Clyde Gateway urban regeneration company (URC) area. 10.8. Shawfield Stadium currently lies unused and has fallen into a state of disrepair. The proposals therefore provide the opportunity for this redundant and derelict site to be brought back into an appropriate use and, as such, the proposals are considered to be fully compliant with the provisions of Policy 9 of NPF4 and Policy SDCC1 of SLLDP2. 10.9. Policy 7 – Historic Assets and Places of NPF4 seeks to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. This position is also reflected in Policy 14 – Natural and Historic Environment of the South Lanarkshire Local Development Plan 2. Given that the site is not subject to any statutory listing or designation in respect of historic assets the proposed redevelopment of the site does not raise any issues in the context of Policy 7 of NPF4 or Policy 14 of SLLDP2. 10.10. Policy 22 – Flood risk and water management of NPF4 seeks to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Similar policy is provided in Policies 16 – Water Environment and Flooding, SDCC2 – Flood Risk and SDCC3 – Sustainable drainage systems of the South Lanarkshire Local Development Plan 2. In this case detailed consultation has been undertaken both with SEPA and the Council’s Roads and Transportation (Flood Risk Management) Service with regard to the principle of the proposed redevelopment of the site as brought forward by the applicants in respect of flood risk and drainage matters. 10.11. Both SEPA and the Council’s Roads and Transportation (Flood Risk Management) Service have advised that they are satisfied that sufficient information has been provided to allow them to support the principle of the redevelopment of the site as proposed. However, both have noted that further detailed information would require to be provided as part of any future Approval of Matters Specified in Conditions (AMSiC) application submitted to the Council in respect of the site. Subject to conditions addressing these requirements it is considered that the proposals comply with the provisions of Policy 22 of NPF4 and Policies 16, SDCC2 and SDCC3 of SLLDP2. 10.12. Policy 13 – Sustainable Transport of NPF4 seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. In this case, it is noted that the application site is located within a developed urban area and in close proximity to public transport links including bus services on Rutherglen Road, directly adjacent to the site, and nearby railway stations. The Clyde Walkway and cycle route is also located in close proximity to the site. Additionally, both Transport Scotland and SPT have confirmed their support of the application, subject to conditions relating to travel and transport considerations that would be attached to any consent issued. The 19
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proposals are therefore considered to be compliant in principle with Policy 13 in this case. 10.13. Policies 5 – Development Management and Placemaking and DM1 – New Development Design of the South Lanarkshire Local Development Plan 2 seek to ensure that proposals are appropriately designed, take account of the principles of sustainable development, appropriately integrate with the local area and do not raise any significant amenity issues. Policy 15 – Travel and Transport of the adopted local development plan requires to ensure that the impact of all new development on the public road network is accounted for as part of all development proposals brought forward. 10.14. In this case the principles in respect of the design and layout of the proposed development as brought forward have been considered and the principle of the proposed scale of development is appropriate in respect of the application site. Details of the actual development of the site will however be assessed in subsequent applications which would follow the issue of consent on this application. 10.15. Consultation has been undertaken with the Council’s Environmental Services in respect of contamination issues in the area and within the site itself. The Service has confirmed that sufficient information has been provided in respect of the principle of the development of the site for residential use. Further specific detail with regard to contamination matters would require to be provided as part of any future AMSiC application in respect of the site and any Planning Permission in Principle granted at this stage would be appropriately conditioned in this regard. 10.16. Similarly, consultation has been undertaken with the Councils Roads, Transportation and Fleet Services in respect of traffic, transport, parking and other road safety considerations associated with the proposals. Again, subject to conditions that would be attached to any consent issued, including the provision of an updated Transport Assessment as part of any future AMSiC application in respect of the site, the Service has confirmed their satisfaction with the principle of the proposed land uses in this case. Overall, following a detailed assessment of the proposals brought forward, it has been concluded that the proposals are fully compliant with the provisions of Policies 5, 15 and DM1 of the SLLDP2 and with the Council’s Residential Design Guide. 10.17. Policy 13 – Green Network and Greenspace of the South Lanarkshire Local Development Plan 2 states that development proposals should safeguard the green network, as identified on the proposals map, and identify opportunities for enhancement and/or extension as appropriate. In this case the site is located within the Green Network designated across the wider Clyde Gateway Development Framework Site. However, there are no specific implications relating to the Green Network resulting from this proposed development. Indeed, the proposals create the opportunity to provide enhanced Green Network linkages as part of any future detailed design brought forward. As such, the proposals do not raise any concerns in respect of Policy 13. 10.18. Policy 7 – Community Infrastructure Assessment of the South Lanarkshire Local Development Plan 2 states that, in cases where development proposals would require capital or other works or facilities to enable the development to proceed, financial contributions towards their implementation will be required. In this case contributions in respect of appropriate education and community facility provision would be sought as part of a Section 75 legal agreement forming part of any consent granted in respect 20
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of the site. Through this process the requirements of Policy 7 would be fully adhered to in respect of the proposed site redevelopment works. 10.19. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for national or major development will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity. This position is similarly set out in Policies NHE9 – Protected Species and NHE20 – Biodiversity of the South Lanarkshire Local Development Plan 2. In this case it has been demonstrated to the satisfaction of the Planning Service that the development would not adversely impact on biodiversity interests and there are no specific concerns with regard to climate change issues associated with the proposal in this instance. As such, the proposals are considered to comply with the relevant provisions of Policies 1, 2 and 3 of NPF4 and Policies 2, NHE9 and NHE20 of SLLDP2. 10.20. Layout, Siting and Design In this instance, as the application is for Planning Permission in Principle, detailed plans do not require to be submitted at this stage. However, sufficient design detail has been provided to address technical matters upfront, including site access, drainage strategy and ground conditions, while an indicative design layout has also been provided to seek to establish site capacity in terms of scale, mass and density. While there is no requirement for any future detailed plans brought forward as part of a subsequent AMSiC application to adhere to the indicative design details presented in this case, it is considered that it has been satisfactorily demonstrated that the site can accommodate the scale of development proposed, subject to appropriate detailed plans being brought forward in due course through an AMSiC application to the Council. 10.21. Conclusion Following a detailed assessment of the application, it is recognised that the proposals do not fully comply with the provisions of the South Lanarkshire Local Development Plan 2 (adopted 2021), in respect of Policies 8 and ICD1, as they relate to the provision of non-employment uses, including residential development, within an area designated as a Strategic Economic Investment Location within the plan. The application has therefore been advertised in the local press as Development Contrary to the Development Plan on this basis. However, following a detailed assessment of the proposed development, it is considered appropriate for Planning Permission in Principle to be granted, contrary to the adopted development plan, for the following reasons:- (i) The proposals would allow the provision of a mixed use development, to include residential development, on a brownfield site within the urban area; (ii) The proposals would allow a vacant, redundant site to be redeveloped to an appropriate use; (iii) The proposals can be developed in a manner that would not adversely impact on the amenity of existing or future residents of the area; (iv) The proposals fully comply with the provisions of National Planning Framework 4 (2023), with particular regard to sustainability and brownfield land considerations; (v) The proposals comply with the provisions of Policies 1, 2, 5, 7, 11, 12, 13, 14, 15 and 16 of the South Lanarkshire Local Development Plan 2 (adopted 2021). 21
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11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant Planning Permission in Principle subject to the following conditions and a Section 75 Legal Agreement:- 01. Details of the specified matters listed below shall be submitted for consideration by the Planning Authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). No development shall begin on the site unless all of the details listed in this condition have been submitted to and approved in writing by the Planning Authority for each identified phase of development. Thereafter the development shall be carried out in complete accordance with the details approved in relation to this condition. Specified matters:- (a) Full details of the layout, siting, design, external appearance and finishing materials of the proposed development; (b) Full details of the proposed means of access to the development including visibility splays and vehicle lay-by at the junction with the public road; (c) A landscaping scheme for the development including details of the existing landscape features and vegetation to be retained; the locations of new trees, shrubs, hedges and grassed areas; a schedule of plants including species, plant sizes and proposed numbers and density; the layout, design and materials of all hard landscaping works including walls, fences and gates; and a programme for the completion and subsequent maintenance of the proposed landscaping; (d) A detailed levels survey of the site and cross sections showing proposed finished ground and floor levels relative to existing ground levels and a fixed ordnance datum point; (e) Full details of the proposed means of disposal of foul and surface water from the development; (f) Full details of the provision of street furniture, public realm and public art within the proposed development; (g) Full details of the provisions in respect of biodiversity, species protection and habitat management within the site, including the submission of an up-to-date protected species survey in respect of the site; (h) Full details of the provisions in respect of contamination and remediation measures/works associated with the proposed development; (i) A scheme for the control and mitigation of dust that shall thereafter be implemented in accordance with a programme to be agreed in writing with the Council as Planning Authority; (j) A comprehensive materials management plan detailing how excavation arisings will be characterised and managed including any testing; proposals for re-use and disposal; and proposals for managing contamination risks including to members of the public and the Water Environment. Upon completion of works, evidence of materials management plan aspects, such as testing data, photographs, disposal record etc shall be submitted to and approved in writing by the Planning Authority; (k) A noise assessment to determine the impact of road traffic noise on the proposed development using the principles set out in "Calculation of Road 22
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Traffic Noise" (DoT/Welsh Office, HMSO, 1988) or by a method to be agreed by the Planning Authority such as the shortened daytime measurement method; (l) Full details of the implementation of a scheme in respect of construction noise within the site; (m) An air quality impact assessment; (n) A waste strategy; (o) A Flood Risk Assessment addendum. Reason: Permission for the development has been granted in principle only and subsequent approval is required for these matters in accordance with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That the first application for the approval of matters specified in the conditions of the consent hereby approved shall include the submission of the following details for consideration by the Planning Authority, in accordance with the timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). No development shall begin on the site unless all of the details listed in this condition have been submitted to and approved in writing by the Planning Authority for each identified phase of development. Specified Matters:- a) Car Parking Strategy b) Site Servicing Strategy c) Sustainable Transport Strategy d) Transport Assessment e) Traffic Management Plan f) Flooding Strategy g) Flood Risk Assessment h) Drainage Strategy, to include Scottish Water approval or permission to connect to the public network Reason: In the interests of road and public safety. 03. That the Car Parking Strategy required under the terms of Condition 2 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) Full details of the parking layout b) Full details of the provisions in respect of electric vehicle charging (EVC) facilities c) Full details of the provisions in respect of accessible parking d) Full details in respect of pedestrian provisions associated with the development e) Clarification that no lay-by parking will be incorporated into the development Reason: In the interests of road and public safety. 04. That the Servicing Strategy required under the terms of Condition 2 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- 23
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a) Full details of servicing in respect of all commercial units within the site b) Full details of refuse provisions in respect of all residential and commercial units within the site c) Full details to confirm that all servicing will be undertaken within the confines of the site Reason: In the interests of road and public safety. 05. That the Sustainable Transport Strategy required under the terms of Condition 2 of the consent hereby approved shall include measures to address the following matters to the satisfaction of the Council as Planning Authority:- a) Measures to address pedestrian connectivity within and around the site b) Measures to provide cycling connectivity within the site which connect and improve the wider cycle networks in the surrounding area c) Full details of public transport connections and infrastructure that will be available and details of how the occupiers and visitors to the site can be encouraged to utilise these elements d) Full details of the proposals in respect of any bus stops that require to be repositioned/relocated to facilitate the development e) A comprehensive Travel Plan that sets out proposals for reducing dependency on the private car and identifies measures to be implemented, the system of management, monitoring, review, reporting and the duration of the plan Reason: In the interests of road and public safety. 06. That the Transport Assessment required under the terms of Condition 2 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) Full details in respect of junction assessments and improvements associated with the development b) Full details in respect of access arrangements associated with the development Reason: In the interests of road and public safety. 07. That the Traffic Management Plan required under the terms of Condition 2 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) Full details of the route to and from the site of all construction traffic b) Full details of car parking for staff and sub-contractors c) Full details of drop-off and storage locations for materials d) Full details of wheel washing facilities Reason: In the interests of road and public safety. 08. That the Flooding Strategy required under the terms of Condition 2 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) Full details in respect of safe escape measures from car parking areas during flooding events 24
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b) Full details of all mitigation measures in respect of any danger to life during flooding events Reason: In the interests of road and public safety. 09. That the first application for the approval of matters specified in the conditions of the consent hereby approved shall include the submission of a Construction Phasing Plan, which shall detail the timescales for the implementation of all of the measures submitted as required under Condition 2 above, for the approval of the Planning Authority. The development shall thereafter be carried out in accordance with the details set out in the Construction Phasing Plan, unless otherwise agreed in writing with the Council as Planning Authority. Reason: In the interests of road and public safety. 10. That the matters specified under the terms of Condition 1 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- (a) The applicant shall be required to undertake a comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by, the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- - Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) - Land Contamination Risk Management Guidance (LCRM)- issued by DEFRA and the Environment Agency - the latest edition of BS 10175- British Standards institution 'The Investigation of Potentially Contaminated Sites - Code of Practice'. (b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated, and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted. (c) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council's written approval of the remediation plan. If there is a requirement to either re-use site won material or to import material, then the assessment criteria and sampling frequency that would adequately demonstrate its suitability for use shall be submitted to and approved by the Planning Authority prior to any material being used. In addition to this and in accordance with BS3882:2015 and BS8601:2013, material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours. 25
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On completion of the works and at a time and or phasing agreed by the Planning Authority, the developer shall submit a verification report containing details of the source of the material and appropriate test results to demonstrate its suitability for use. Reason: To safeguard the environmental amenity of the area. 11. That the noise assessment specified under the terms of Condition 1 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- The survey shall take cognisance of the Scottish Government Document: Technical Advice Note Assessment of Noise. The survey shall be submitted to and approved by the Planning Authority and where potential noise disturbance is identified, it shall include a scheme for protecting the proposed dwellings from road traffic noise. The scheme shall ensure that the internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAeq,16hr of 40dB daytime and an LAeq,8hr of 30dB night-time. The external levels shall not exceed an LAeq,16hr of 50dB daytime in any rear garden areas, when measured free-field. The external amenity level can be raised to an LAeq,16hr of 55dB where it cannot be avoided. The approved scheme for the mitigation of noise shall be implemented prior to the development being brought into use. Reason: To safeguard the environmental amenity of the area. 12. That the scheme in respect of construction noise specified under the terms of Condition 1 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- The applicant shall ensure that all works carried out on site are carried out in accordance with the current BS5228:2009, 'Noise control on construction and open sites'. Prior to commencement of construction activities a detailed report identifying the projected noise impact at the nearest noise sensitive receptors shall be provided in accordance with the standard. The imissions at the Noise Sensitive Receptor shall be cumulative and shall include mobile and stationary plant and equipment. The noise from any haul roads on site shall also be included. Corrections shall be made for variables such as the operating time and the relative cumulative impact value. This shall be corrected for attenuation and shall be provided as an LAeq.1hr to be compared with either the pre-existing background level or using the ABC table within the British Standard. Reason: To safeguard the environmental amenity of the area. 13. That the air quality impact assessment specified under the terms of Condition 1 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- The air quality impact assessment shall satisfy the Planning Authority that the Local Air Quality Management Objectives for the pollutants specified in the Air Quality Regulations, made under Part IV of the Environment Act 1995, will not be exceeded at (any location in the vicinity of the development where public exposure is relevant) 26
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AND/OR (residential properties in the vicinity of the development) due to the impacts of the proposed development and to the increase in traffic associated with the development. The survey and report shall use a method based on the principles set out in the Environmental Protection UK document Development Control: Planning for Air Quality (2010 Update) and Scottish Government publication "Local Air Quality Management Technical Guidance LAQM.TG(09)" or a method that has been agreed with the Planning Authority. Reason: To safeguard the environmental amenity of the area. 14. That the waste strategy specified under the terms of Condition 1 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) Details for the storage and the collection of commercial waste arising from the proposed development. The agreed details shall be in place prior to the development being brought into use. b) Details of facilities for the storage of residential refuse within the proposed development, including the design, location and access for uplift. No dwellings shall be occupied until the facilities for the storage of waste have been provided within the proposed development, in accordance with the approved scheme. Reason: To safeguard the environmental amenity of the area. 15. That the Flood Risk Assessment (FRA) addendum required under the terms of Condition 1 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) The updated FRA Addendum will require to include 75% and 90% blockage scenarios; it will also require to include further sensitivity analysis, with regards to changes in roughness and to the downstream boundaries of both watercourses (the River Clyde and the Polmadie Burn). Information will also be required regarding the calibration of the model. b) The submission of outputs that compare a pre-development (baseline) flood model run and a post development model run shall also be required. This will confirm if the car park will play any additional flood storage role (i.e. as a result of levels being altered) and address the possibility that the detailed design of the proposed development might be subject to minor alterations. Reason: To ensure the compliance of the development with relevant national planning policy in respect of flood risk management. 16. 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. 27
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Reason: To ensure that all matters of archaeological importance are appropriately dealt with as part of the redevelopment of the site. 17. A programme for the implementation/phasing of the various parts of the development shall be submitted to and approved in writing by the planning authority as part of the first application for matters specified in conditions. Reason: To ensure that if phased, each phase of the development can meet the terms of the relevant conditions. 18. That the Drainage Strategy required under the terms of Condition 2 of the consent hereby approved shall include the provision of the following details to the satisfaction of the Council as Planning Authority:- a) Confirmation of the suitability, in regards to both condition and capacity, of the existing drainage system on Rutherglen Road to receive surface water discharge from the development. b) Full details of the proposed Sustainable Drainage System (SuDS) proposed to serve the development, including construction, operation and maintenance details. Reason: To ensure that appropriate arrangements are made to address the surface water and sustainable drainage aspects of the development. 19. That the additional details required under the terms of Condition 1 of the consent hereby approved shall include the provision of affordable housing in respect of the proposed development, amounting to no less than 25% of the total number of residential units for which consent is sought within the site. Reason: To ensure the provision of affordable housing within the site in accordance with Council requirements. 20. The maximum floorspace (Gross) and/or number of units within the site area hereby approved shall not exceed:- a) Housing – 450 units b) Hotel – 150 bedrooms and associated ground floor amenity provision c) Commercial space to accommodate local facilities (including Class 1A uses, Class 4 office space, food and drink uses Class 3/sui generis and Class 11 gym/leisure uses) – 700 square metres in total Reason: In the opinion of the Planning Authority this level of floorspace and mix of uses is considered appropriate in terms of the capacity of the consented development site. 12 Reason for Decision 12.1. The proposals fully comply with the sustainability and brownfield land considerations provisions of National Planning Framework 4 (2023) and with the provisions of Policies 1, 2, 5, 7, 11, 12, 13, 14, 15 and 16 of the South Lanarkshire Local Development Plan 2 (adopted 2021). 28
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David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/0260 | Mixed use development including residential, hotel and commercial uses, demolition and ancillary works (Planning Permission in Principle). | Shawfield Stadium Rutherglen Road Rutherglen G73 1SZ 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 29
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Addendum Specifying Heads of Terms in relation to an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997. Planning Application No. P/23/0293 Development Description Mixed use development including residential, hotel and commercial uses, demolition and ancillary works (Planning Permission in Principle). Site Address Shawfield Stadium Rutherglen Road Rutherglen Applicant Shawfield Regeneration Ltd Date of Committee 4th March 2025 Type of obligation Section 75 Obligations Resource Summary of Required Contributions Community Contributions towards upgrade of Rutherglen Town Hall, Cunningar Loop, Overton Park and Eastfield Lifestyles. Education Contributions towards education requirements at the following schools:- Stonelaw High Nursery provision in the local area Housing Suitable clauses to ensure that affordable housing is provided as part of the development. Roads N/A 30
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0332 Proposal: Erection of dwellinghouse with associated landscaping and access arrangements Site Address: New Steadings Farm Green Towers Road Lanark ML11 7RB Applicant: Mr David Lowry Agent: Planning Services UK Ward: 02 Clydesdale North Application Type: Detailed Planning Permission Advert Type: Non-notification of neighbours Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 4 33
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services, in consultation with the Chair of the Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site (0.20 ha) is in open countryside, between Cartland and Lanark. It sits on the west side of the access road to New Steading Farm, 60 metres from the junction with New Towers Road (a minor public road). The ground gently slopes and forms part of an agricultural unit. 3. Description of Proposed Development 3.1. The proposal is for a single storey detached dwelling with associated access. It is proposed as a home for a retired farmer who initially wanted to pass New Steading Farm onto family members although the intention is now to sell to a larger farming enterprise. 3.2. The proposed house would contain 3 bedrooms, an open plan living room/kitchen, a separate lounge, utility room, home office and an integral garage. Parking would be provided on site. The bungalow would have a pitched roof finished in slate, with stone quoins and roughcast walls. 4. Relevant Planning History 4.1. There is no relevant planning history for the application site. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- Design Statement Supporting Document Planning Statemen Labour Report Agricultural Report 6. Consultations 6.1. Roads Development Management - No objection subject to conditions covering visibility, parking, turning and electrical charging points. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement for non- notification of neighbours in the local press, no representations were 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 sets out spatial principles, regional priorities, national developments, and national planning policy. The relevant policies are:- 34
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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 14 - Design, quality and place Policy 15 – Local living and 20 minute neighbourhoods Policy 16 – Quality homes Policy 17 – Rural homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Development SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy NHE16 Landscape 9. Guidance 9.1. NatureScot Developing with Nature Guidance is relevant to all local developments and provides advice and guidance on how to achieve Policy 3 Biodiversity of NPF4. 10. Assessment and Discussion 10.1. The determining issues in the consideration of this application are its compliance with the National Planning Framework 4 (NPF4) and the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 10.2. Climate Change NFP4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. 10.3. There is no evidence that the development area is affected by flooding. Solar panels are proposed for the western and southern roof planes. If the decision had been to approve, conditions could have been attached requiring tree planting and the installation of an electric vehicle charging point. Overall, the proposal does not compromise the objectives of NPF4 Policy 1 and Policy 2 and SLLDP2 Policy 2. 10.4. Principle of Development NPF4 Policy 17 Rural homes aims to encourage, promote and facilitate the delivery of high quality, affordable homes in the right location. The policy advises that NPF4 supports new homes in the rural area where the development is suitably scaled, sited and designed and (using the only applicable criteria under (17a) vi for this proposal) where it is for a single home for the retirement succession of a viable farm holding. 35
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10.5. The proposal is for a retirement home for a farmer who runs an established livestock farm. Unfortunately, as a Business Plan has not been submitted, despite repeated requests, it has not been possible to demonstrate that the farm holding is viable as required by the terms of the policy. Therefore, the proposal is not fully compliant with NPF4 Policy 17. 10.6. NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the delivery of high quality homes, in the right locations. It advises that development proposals for new homes on land not allocated for housing in the local development plan (LDP) will only be supported in limited circumstances, in rural locations the proposal must be consistent with the policy on rural homes. 10.7. In this case the proposal does not comply with relevant policies on rural homes and therefore contravenes NPF4 Policy 16. 10.8. Policy 4 ‘Green Belt and Rural Area’ of the SLLDP2 specifies that within the Rural Area, the aim is to protect the amenity of the countryside while at the same time, supporting small scale development in the right places that is appropriate in land use terms and is of a high environmental quality that will support the needs of communities. It functions primarily for agriculture, forestry, recreation, and other uses appropriate to the countryside. Development which does not need to be in the countryside will be expected to be accommodated within the settlements identified on the proposals map. Isolated and sporadic development will not be supported. 10.9. The proposed retirement house is linked to an appropriate rural business, however, as it has not been established that the business is viable the proposal contravenes Policy 4 of the South Lanarkshire Local Development Plan 2. 10.10. SLLDP2: Policy GBR10 Accommodation associated with an Existing or Proposed Rural Business requires to demonstrate that the house is linked to a viable agricultural enterprise. 10.11. Business accounts and profit projections proving the land holding is viable have not been submitted. Therefore, in the absence of a Business Plan, the proposal does not fully comply with SLLDP2 Policy GBRA10. 10.12. Layout, Siting and Design NPF4 Policy 14 Design Quality and Place and SLLDP2 Policy 5 Development Management and Placemaking and Policy GBRA1 Rural Design and Development aim to ensure well designed development that makes for successful places and considers the impact on residential amenity and the appropriateness of the development to a rural setting. Proposed developments shall be well related to locally traditional patterns and scale and shall avoid the introduction of suburban-style developments into the rural environment. Proposals specifically for residential development should not be isolated or sporadic. 10.13. The site is isolated and due to the intervening distance, the proposed house would not visually integrate with or consolidate the nearest building group, to the north east – two existing dwellings and associated outbuildings and stables. The applicant has resisted suggestions that the house should be located at the farm steading, in accordance with established practice for retirement homes. The applicant’s preferred alternative solution would be to locate the house at the entrance to the farm access. Plans were submitted for this, however, that cannot be dealt with as an amendment to the current application as it falls out with the application boundary. 36
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10.14. Although there are elements of the design which are acceptable such as a slate roof, chimneys and quoins, generally the house has a suburban appearance, inappropriate to a rural setting. Suburban components include an L-shaped footprint, shallow roof pitch on the eastern gable and windows and garage door with a horizontal emphasis. Attempts to improve the design have been resisted on grounds that the design is not dissimilar to nearby dwellings. However, the houses referred to were built more than twenty years ago. It is important that past developments should not set a continuing precedence justifying suburban development now and into the future, at the expense of aspirations to improve design quality in the countryside. The Design Statement refers to the retention of trees along the site frontage which would help the development blend in. These trees have not been annotated on the site plan, however, photographs and a site visit have revealed that these trees are poor quality specimens with limited visual presence and life expectancy. 10.15. The proposed development of a new dwelling in the rural area, contrary to policies designed to preserve that rural area from housing in inappropriate locations and promote compact urban growth, is not considered to be characteristic of a liveable place. The design of the dwelling is suburban in appearance, and inappropriate for a rural area. On this basis, it is considered that the application proposal is contrary to NPF4 Policy 14 and SLLDP2 Policies 5 and GBRA1. 10.16. Policy 15 Local Living and 20 minute neighbourhoods states: ‘Development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to: sustainable access (including local public transport and safe, high quality walking, wheeling and cycling networks), employment, shopping, health and social care facilities, schools and play areas.’ 10.17, The site is in a rural location where many of the characteristics of the 20-minute neighbourhood or achieving wider local living aspirations are not possible. National policy accepts that a retirement succession home is, in principle, acceptable and in a rural location, where a 20 minute neighbourhood is unrealistic, can be justified. 10.18. Natural and Historic Environment NPF4 Policy 3 Biodiversity under part (c) details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. The Development with Nature Guidance is pertinent in this case. The guidance encourages a mitigation hierarchy to be applied – avoid, minimise, restore, and offset to achieve a net positive biodiversity impact. 10.19. The applicant has indicated trees along the front boundary will be retained and replaced where necessary. These trees are poor quality specimens and have not been depicted on the site plan nor has any additional tree planting around the boundaries been proposed. Notwithstanding, landscaping of the site and other biodiversity measures could be undertaken on site. As the site comprises managed agricultural grassland the proposal will not have a significant impact upon protected habitats or species. Therefore, the proposal accords with NPF4 Policy 3. 10.20. NPF4 Policy 4 Natural Places is of relevance due to the site falling within a designated Special Landscape Area as identified in the adopted Local Plan. The policy states ‘Development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where: Development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified’. 37
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10.21. SLLDP2 Policy 14 – Natural and Historic Environment advises that the Council assess all development proposals in terms of their impact on the natural and historic environment, including biodiversity, geodiversity, landscape, and townscape. In Category 3 areas (which includes Special Landscape Areas) development which would have a significant adverse impact following the implementation of mitigation measures will only be permitted where the effects are outweighed by significant social or economic benefits. Where possible, any development proposals which affect natural and historic designations should include measures to enhance the conservation value of the site affected. 10.22. SLLDP2 Policy NHE16 – Landscape advises that development proposals within Special Landscape Areas will only be permitted where they can be accommodated without having an unacceptable significant adverse effect on the landscape character, scenic interest and special qualities and features for which the area has been designated. All proposed development should take into account the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. The site falls within the Rolling Farmland Landscape type. In this area developments should be sited to maximise natural screening and integration provided by topography and woodland variety. The landscape would be sensitive to schemes which break ridgelines and fail to respond to topography. New land uses that would result in the introduction of new features, should be discouraged, particularly in prominent areas. 10.23. The proposed site sits in a prominent exposed location above the Mouse Valley and in such a location a dwelling would be highly visible over an extensive area especially as it lacks an established woodland or building group backdrop. There are some poor quality trees located along the site frontage, however, the visual screening afforded would be minimal. Also, the life expectancy of these trees is limited, and any replacement trees would take years to mature to a size and form with screening credentials. In considering the above, the proposal contravenes NPF4 Policy 4 and SLLDP2 Policies 14 and NHE16. 10.24. Conclusion Insufficient information has been provided demonstrating that the proposed retirement succession home is linked to a viable landholding. The design of the house is inappropriate for a rural location as it has a suburban appearance, countering local and national objectives to improve design quality in the countryside. The site sits isolated and separate from the nearest building group. 10.25. The introduction of a suburban style house in a prominent location would erode the special qualities of the landscape in this area. In summary, the proposed development fails to adhere to the provisions of the development plan, with specific regard to Policies 4, 14, 16 and 17 of NPF4 (adopted 2023) and Policies 4, 5, 14, GBRA1, GBRA10 and NHE16 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. In view of this, it is considered that the application be refused planning permission. 38
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11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse planning permission for the following reasons:- 01. The proposal would be contrary to Policy 4 (Green Belt and Rural Area) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification. 02. The proposal would be contrary to Policy 5 (Development Management and Placemaking) and GBRA1 (Rural Design and Development) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification, which would exacerbate the impression of suburbanisation at this location, leading to further erosion of the rural character. 03. The proposal would be contrary to Policy GBRA10 (Accommodation Associated with an Existing or Proposed Rural Business) of the South Lanarkshire Local Development Plan 2 as the business has not been proven to be viable. 04. The proposal would be contrary to SLLDP2 Policies 14 'Natural and Historic Environment) and NHE16 'Landscape' as it would erode the character of a designated Special Landscape Area. 05. The proposal would be contrary to Policy 4 - Natural places of National Planning Framework 4 as it would erode the character of a designated Special Landscape Area. 06. The proposal would be contrary to Policy 14 - Design, Quality and Place of National Planning Framework 4 as it is not consistent with the 6 qualities of successful places. 07. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 as the proposal is not consistent with the policy on rural homes. 08. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4 as a Business Plan has not been submitted demonstrating that the proposed retirement succession home is linked to a viable farm holding. David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/0332 | Erection of dwellinghouse with associated landscaping and access arrangements. | New Steadings Farm Green Towers Road Lanark ML11 7RB 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. 39
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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 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1069 Proposal: Formation of fishing ponds and associated facilities (Section 42 application to vary the terms of condition No. 21 of consent P/19/1807 to allow continued operations at the site for a further 10 year period) Site Address: Woodend Farm Carnwath Lanark ML11 8LR Applicant: Onyx Leisure Ltd Agent: ICDP Architects 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 5 43
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1. Reason for Report 1.1. The application is required to be determined by the Planning Committee within the context of the approved South Lanarkshire Scheme of Delegation (2024) as it relates to a major development. 2. Site Description 2.1. The application site lies to the east of the B7016, approximately 2km to the north of Carnwath, between a conifer plantation and the Dippool Water. The site occupies a total area of 17.3 hectares. Access is via an existing track (approximately 1km in length) taken directly off the B7016. The existing access currently also serves Woodend Farm (which sits immediately adjacent to the B7016). 2.2. Work has started on site with a pond partly formed. An access, hard standing, compound with car park, site office and weigh bridge has been established on site. Throughout the site there are mounds of excavated sand and gravel. The entrance has been widened and surfaced with concrete for the first 33m, from the edge of the public 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) and is an application for planning permission for the development of land but without compliance with a condition or conditions attached to a previous planning permission. 3.2. In this instance, the application seeks to vary the terms of condition 21 attached to Planning Permission P/19/1807 which was granted in September 2020 for the creation of 3 fishing ponds through the extraction of sand and gravel from the raised mounds at the forestry edge. The amendment of the condition is to enable a further 10 years of operations at the site including excavations, land engineering, landscaping and pond creation. 3.3. Condition 21 of application P/19/1807 states:- All extraction operations on the site shall be discontinued not later than 01 February 2025 and, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration plan to the satisfaction of the Council as Planning Authority. 3.4. The applicant has requested that the condition be varied to read:- All extraction operations on the site shall be discontinued not later than 10 years from the date of this Planning Permission and, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration plan. 3.5. In this report the condition is listed as No. 09 due to re-ordering as some conditions attached to the previous consent P/19/1807 have now been discharged. 4. Relevant Planning History 4.1. The original Planning Permission CL/12/0511 for the formation of fishing ponds and associated facilities was granted in April 2013. A Section 42 application to vary condition 25 attached to Planning Permission CL/12/0511, to enable an extension of the extraction period by a further 6 years was granted in September 2020. 5. Supporting Information 5.1. In support of the planning application, the applicant has submitted:- Dust Management Report Maintenance Plan 44
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Traffic Management Plan Flood Risk Assessment Report Hydrogeological Assessment Surface Water Features Survey Report 6. Consultations 6.1. Roads Development Management Team - No objection subject to appropriate roads related conditions. Response: Noted. 6.2. NatureScot – Requested a condition preventing road widening onto or material storage within the confines of the Site of Special Scientific Interest (SSSI). Response: An appropriate condition is proposed to address this matter. 6.3. Scottish Environmental Protection Agency (SEPA) – No objection. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement for non- notification of neighbours, one objection and one representation have been received. The issues raised are summarised as follows:- Roads Related Matters ⧫ Land ownership at the site entrance is under dispute and it is not possible to install a wheel wash where first planned. ⧫ The top access is unsuitable for large vehicles. Other Matters Raised ⧫ There is no operational weighbridge therefore no paperwork for transactions. ⧫ Boulders were placed in front of the access at a neighbouring property. ⧫ A neighbouring resident was advised that their septic tank would be removed. 7.2. Other non-material planning comments were included in representations:- ⧫ The holder of the servitude cannot extend the right to third parties unless expressly permitted. ⧫ Servitudes cannot be materially changed in a way that increases the burden on burdened land. ⧫ The applicant should negotiate with the burdened landowner to extend the servitude or create a new one for third party use. 7.3. The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy and sets out spatial principles, regional priorities, national developments, and national planning policy. The relevant policies are:- 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 14 - Design, quality and place Policy 29 - Rural development Policy 30 - Tourism Policy 33 - Minerals 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 6 - Visitor Economy and Tourism Policy 19 - Minerals Development SLLDP2 Volume 2 Policies GBRA1 - Rural Design and Development Policy GBRA2 - Business Proposals within Green Belt and Rural Area Policy VET1 - Visitor Attractions 9. Guidance 9.1. NatureScot Developing with Nature Guidance is relevant to all local developments and provides advice and guidance on how to achieve Policy 3 Biodiversity of NPF4. 10. Assessment and Discussion 10.1. Introduction This application has been submitted under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) and seeks to extend the time period for excavation of sand and gravel to be carried out to form fishing ponds on land at Woodend Farm near Carnwath. Section 42 of the Act states that:- 'On such an application, the Planning Authority shall consider only the question of the conditions subject to which planning permission should be granted.’ 10.2. This type of application, therefore, 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. Whilst, in essence, a Section 42 is an application to vary condition(s) on an existing permission, the process requires a new, stand-alone planning permission to be issued for the original development but with a new suite of conditions, including all those still thought to be relevant as well as the varied condition(s). Should the proposed amendment to the condition(s) not be acceptable, a Section 42 application is to be refused but without affecting the status of the original permission. 10.3. In assessing whether any condition is still relevant there is a requirement to consider certain aspects of the development. In this instance, the applicant has requested that condition 21 is amended. However, it is noted that the nature of the legislation requires 46
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all conditions to be revisited as they may be linked or connected to these specific conditions. The main matters for consideration are, therefore, whether the proposed amendment to the condition proposed would undermine the reasons for the original conditions or the Development Plan position; and if it is considered this Section 42 application does undermine either of these, whether there are material considerations which would outweigh this to allow permission to be granted. 10.4. The determining issues in the consideration of this application are its compliance with the National Planning Framework 4 (NPF4) and the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 10.5. Climate Change NFP4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. 10.6. The application seeks a time extension of 10 years to allow the formation of fishing ponds. The method of mineral extraction and restoration of the site has previously been approved by condition discharge and does not involve any additional infrastructure being created. Most of the site will comprise landscaped greenfield with water bodies which is a sustainable land use for the countryside. The development will utilise an existing access road. A substantial area of native tree planting will be established around the pond margins. It is therefore considered that the proposals comply with the relevant criteria of these policies. 10.7. Principle of Development SLLDP2 Policy 4 ‘Green Belt and Rural Area’ of the SLLDP2 specifies that within the Rural Area, the aim is to protect the amenity of the countryside while at the same time, supporting small scale development in the right place that is appropriate in land use terms and is of a high environmental quality that will support the needs of communities. It functions primarily for agriculture, forestry, recreation, and other uses appropriate to the countryside. 10.8. SLLDP2 Policy GBRA2 ‘Business Proposals within the Greenbelt and Rural Area’ reiterates that proposals should be an appropriate use in the rural area. The policy lists types of development considered appropriate in the rural area including: recreation, tourism, holiday accommodation, leisure and sporting developments. 10.9. It is considered that the principle of the development has already been deemed acceptable within the Rural Area through the granting of the previous planning permission P/19/1807 and the proposed amendment to condition 21 of said permission has no further implications on the countryside strategy set out within the Development Plan. It is therefore considered that the proposals comply with SLLDP2 Policies 4 and GBRA2. 10.10. Layout, Siting and Design NPF4 Policy 14 Design Quality and Place and SLLDP2 Policy 5 Development Management and Placemaking and GBRA1 - Rural Design and Development aim to ensure well designed development that makes for successful places and considers the impact on residential amenity and the appropriateness of the development to a rural setting. 10.11. The proposals are to extend the lifetime of the extraction period by a further 10 years. It is considered that, in terms of both landscape and visual impact, the extended time period would not have a long-term adverse impact upon the landscape. The site is 47
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currently well screened in the context of the wider area by woodland and topography. The distance from the nearest public road further reduces the visual impact. Once complete, the fishing ponds and associated landscaping will be a feature which integrates with and enhances the landscape quality of the area. In addition, the residential amenity of the area would not be adversely affected subject to the implementation of conditions. 10.12. The access route will use the improved track which served the nearby peat extraction works. The route would be a reasonable distance from the nearby residential properties. 10.13. It is therefore considered that the amendment to condition 21 would be in accordance with NPF4 Policy 14 and SLLDP2 Policy 5. 10.14. Rural Development and Tourism NPF4 Policy 29 Rural Development states that development proposals which contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported. 10.15. NPF4 Policy 30 Tourism states: Proposals for tourism related development will take into account: (i). The contribution made to the local economy; (ii). Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors; (iii). Opportunities for sustainable travel and appropriate management of parking and traffic generation and scope for sustaining public transport services, particularly in rural areas. 10.16. SLLDP2 Policy 6 ‘Visitor Economy and Tourism’ states ‘The provision of new, high quality visitor attractions, activities, facilities, infrastructure and accommodation, and the safeguarding and maintenance of existing features will be supported where they are shown to positively contribute towards the visitor economy. Policy VET1 ‘Visitor Attractions’ will support the creation of new visitor attractions or the expansion of existing facilities in appropriate locations where the financial viability and contribution of the proposal towards the visitor economy and attracting visitor footfall can be demonstrated. 10.17. In the recent past, progress in forming the ponds has been impeded by legal disputes and the Covid 19 pandemic. With the resolution of theses constraints, meaningful progress can now be made. Ten years in 3 phased stages is considered both a realistic and cautious timescale. Extending the operational period by a further 10 years would not deviate from or change the intention to create fishing ponds. The proposal will provide an attractive environment for fishing and will be an additional recreational asset in South Lanarkshire. The leisure business will create employment opportunities and contribute to the local economy. It is therefore considered that the amendment to condition 21 would be in accordance with NPF4 Policies 29 and 30 and SLLDP2 Policies 6 and VET1. 10.18. Natural and Historic Environment NPF4 Policy 3 Biodiversity under part (c) details that all local developments shall include appropriate measures to conserve, restore and enhance biodiversity. The Development with Nature Guidance is pertinent in this case. The guidance encourages a mitigation hierarchy to be applied – avoid, minimise, restore, and offset to achieve a net positive biodiversity impact. 48
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10.19. Extensive areas of landscaping around the ponds includes native trees, hedgerows, marginal and aquatic plants. The proposed landscaping and pond creation will enhance biodiversity. To avoid adverse impacts upon protected species, regular monitoring and mitigation measures, as recommended by appointed ecological consultants, will be undertaken during the construction phases. Therefore, the proposal accords with NPF4 Policy 3. 10.20. Mineral Development NPF4 Policy 33 advises sustainable extraction of minerals will only be supported where adverse impacts upon biodiversity, geodiversity and the natural environment can be avoided. The proposal needs to demonstrate there are no significant adverse impacts on any homes. Any noise, dust, vibration and potential for pollution needs to be at an acceptable level. Transport impacts need to be minimised. A high standard of restoration and after care is required. Safeguards should include a restoration bond. 10.21. SLLDP2 Policy 19 – Minerals states any development proposals for mineral extraction must be carried out with impacts reduced to acceptable levels and with appropriate mitigation. 10.22. There are material differences in the pond depths and extraction quantities compared to what was approved by the original Planning Permission (Ref. CL/12/0511). A section 42 application does not require a complete reconsideration of the Planning merits. Works to implement the proposal have already started. Extraction, Restoration and Aftercare/Maintenance plans, detailing the referred updated pond depths and extraction quantities, were submitted to support the discharge of conditions 09 ‘Landscaping’ and 22 ‘Restoration scheme’ attached to Planning Permission P/19/1807. These conditions have since been discharged. The said plans have been marked in the file for P/19/1807 as having been approved. If planning permission is granted a revised restoration bond, taking account of increased pond depth and excavated material, to be concluded with the Council, will be required by condition. 10.23. The creation of ponds along with additional tree planting will enhance the environment and create an asset in an area of limited landscape appeal. The proposal will not have an adverse impact upon the nearby Kames SSSI (a geological feature) or any historic designations. The amount of mineral extraction and importation over the extended 10 year period is considered relatively small scale in comparison to larger operations elsewhere in South Lanarkshire and over the construction period, the number of vehicle trips generated is unlikely to be significant. The adjacent peat extraction site has now ceased operations thereby reducing cumulative impacts which were prevalent at the time the previous planning permission was determined. Roads, Transportation and Fleet Services have not objected to this application. The entrance has already been widened and improved with concrete surfacing. Speed restriction signage has been installed along the access route. The extraction area itself is remote from housing. As a result, there would not be an adverse effect on residential amenity. If planning permission is granted, conditions will be applied requiring confirmation on daily traffic generation, a wheel wash facility, restricted hours of operation, compliance with approved dust mitigation plans and the approval of pollution control measures. 10.24. In view of this assessment. it is considered that the section 42 application does not compromise NPF4 Policy 33 and SLLDP2 Policy 19. 10.25. Conclusion It is considered that the extension of the lifetime of the extraction period to form the fishing ponds for a further 10 years is acceptable as it will not prejudice the development plan nor have an adverse impact on landscape character, residential and 49
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visual amenity and road safety. The variation to the condition will not affect the outcome or intent of the original approval. 10.26. It is therefore recommended that permission be granted. Under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997 if a Planning Authority is content that the proposed changes to conditions are acceptable, as in this instance, a new planning permission with amended conditions could be issued. It is considered that whilst it is acceptable to amend condition 21 as requested, other conditions should be updated and/or removed as necessary to any new permission issued. This ensures that the new permission is consistent with the Development Plan and previous assessment. It should be noted that some conditions have already been fully or partially discharged. In addition, several additional conditions are proposed which reflects the effects of the development to date. 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 operator shall abide by the approved dust monitoring and management plan, unless otherwise agreed in writing by the Council as Planning Authority. Reason: To minimise any nuisance; to protect the amenity of nearby properties; and to minimise the chance of dust being transmitted onto the public highway. 02. That within 4 months from the date of this permission (and each year thereafter) the operator shall submit to the Planning Authority an annual progress plan detailing:- The extent of ongoing extraction operations; Areas prepared for extraction; Water quality; The extent of backfilling or restoration operations carried out; The extent of landscaping, nature conservation and agricultural works that have been implemented; Current and anticipated production figures; Remaining reserves; Compliance with statutory permissions; Site complaint logs and actions taken. Reason: To ensure that the Planning Authority is informed at regular intervals of the progress of the site. 03. That within two months of the date of this Planning Permission, a scheme showing the details of peat/soil stripping at the site and the storage and proposed use and replacement of peat/soil and subsoil shall be submitted to the planning authority. The scheme shall have regard to the drainage implications of soil movement and storage. All soil stored on site shall be stored in accordance with BS 3882. Thereafter, all soil stripping, storage and replacement operations shall accord with the approved details as approved by the planning authority. In particular, the scheme shall incorporate a method statement setting out the measures to protect, store and replace peat/soil and any necessary mitigation measures. Reason: In the interests of amenity and in order to retain effective planning control. 50
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04. That within one month of the date of this Planning Permission a Pollution Prevention and Incident and Waste Management Plan which includes mitigation measures against environmental pollution during the life of the site shall be submitted to the Planning Authority. Reason: In the interests of pollution and waste control. 05. That the approved landscaping scheme shall be completed during the first available planting season following completion of each phase of the development. Reason: In the interests of amenity. 06. That within one month of the date of this permission the developer shall ensure a programme of archaeological works, in accordance with the approved written scheme of investigation, 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. 07. The mitigation measures for birds, otters and badgers as outlined in the Badger and Otter Survey (Wild Surveys Ltd, October 2023) shall be fully implemented during all phases of construction. Reason: In the interests of wildlife. 08. The silt and freshwater lagoons shall be properly lined and located at least 5 metres away from the Dippool Water in accordance with a scheme to be submitted to and approved by the Planning Authority. Reason: To limit pollution and to prevent erosion of the river bank. 09. All extraction operations on the site shall be discontinued not later than ten years from the date of this Planning Permission and, within a period of 12 months from this discontinuance date, the entire site shall be restored in accordance with the approved restoration plan to the satisfaction of the Council as Planning Authority. Reason: To ensure that the Planning Authority retains effective control of the development and to ensure that the site is satisfactorily restored. 10. Upon the termination of extraction operations, all plant, machinery, buildings and the foundations thereof shall be removed from the site, and the areas so occupied restored in accordance with the approved restoration and 5 year aftercare scheme shall be carried out to the satisfaction of the Planning Authority in accordance with the approved details and within the agreed timescale. Reason: To ensure that the Planning Authority retains effective control of the development and to ensure that the site is satisfactorily restored. 11. That the mitigation measures contained in section 4.8 'Flood Management Measures' of the Flood Risk Assessment Report (Gondolin, Land and Water, December 2023)' shall be adhered to during the construction/excavation and operational phases. 51
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Reason: To ensure appropriate flood risk mitigation measures are in place. 12. The developer shall ensure that any vehicle transporting excavated material on or off the site must be treated by means of adequate wheel washing facilities. The facility will require to be in operation at all times during earth moving operations. The wheel washing facility shall be fully operational prior to works commencing on site. A ''clean zone'' shall be maintained between the end of the wheel wash facility and the public road. Furthermore, the developer shall ensure a road brush motor is made available throughout the construction period to ensure adjacent roads are kept clear of mud and debris. Reason: In the interests of road safety. 13. That prior to any further work starting on site, a programme indicating the phasing of construction of development and number and rate of heavy goods vehicles entering the site on a daily basis, shall be submitted for the written approval of the Planning Authority. The approved details shall be implemented throughout the period of the development of the site. Reason: In the interests of road safety. 14. Within one month of the date of this Planning Permission a revised restoration bond taking account of increased pond depth and excavated material shall be concluded with the Council. This will include a guarantee to cover all site restoration for each phase of the construction in the event that the development is not satisfactorily completed shall be submitted for the written approval of the Council as Planning Authority. Such guarantee must, unless otherwise agreed in writing:- i) be granted in favour of the Council as Planning Authority ii) be granted by a bank or other institution which is of sound financial standing and capable of fulfilling the obligations under the guarantee; iii) be for a specified amount which covers the value of all site restoration and aftercare liabilities as agreed between the developer and the planning authority at the commencement of development iv) either contain indexation provisions so that the specified amount of the guarantee shall be increased on each anniversary of the date of this consent by the same percentage increase in the General Index of Retail Prices (All Items) exclusive of mortgage interest published by or on behalf of HM Government between the date hereof and such relevant anniversary or be reviewable to ensure that the specified amount of the guarantee always covers the value of the site restoration and aftercare liabilities v) come into effect on or before the date of commencement of development and expire no earlier than 12 months after the end of the construction period. No further work shall be undertaken at the site until (1) written approval of the Council as Planning Authority has been given to the terms of such guarantee and (2) thereafter the validly executed guarantee has been delivered to the Council as Planning Authority. In the event that the guarantee becomes invalid for any reason, no further operations will be carried out on site until a replacement guarantee completed in accordance with the terms of this condition is lodged with the Council as Planning Authority. 52
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Reason: To ensure that provision is made for the restoration and aftercare of the site. 15. That the hours of operation during the creation of the fishing ponds through the excavation of sand and gravel and lorry movements associated with the export/import of material from the site shall be limited to between 8am and 7pm Monday to Friday; 8am and 1pm on Saturday and at no time at all on Sunday or public holidays. Reason: In the interests of residential amenity. 16. That within one month of the date of this permission written details of a maintenance scheme for the access road shall be submitted for the written approval of the Planning Authority. Reason: To ensure that the developer contributes to the maintenance of the access road. 17. The existing access track shall not be widened or expanded in any way to the southeast of its current line and no materials shall be dumped or stored to the south-east of the track's current line. Reason: This is to protect the integrity of the Carstairs Kames SSSI. 12. Reason for Decision 12.1. The amendment to condition 21 is considered acceptable. Extending the extraction period by a further 10 years, does not contravene the relevant provisions of the Development Plan subject to the imposition of the attached environmental conditions as allowed under Section 42 of the Town and Country Planning Act (Scotland) 1997 as amended. The development also complies with the relevant policies contained in the development plan. David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/1069 | Section 42 application to vary the terms of condition No. 21 of consent P/19/1807 to allow continued operations at the site for a further 10 year period | Woodend Farm Carnwath Lanark ML11 8LR 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 53
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1185 Proposal: Erection of single storey dwellinghouse and relocation of existing stables Site Address: Knowehead Farm Blackburnmill Highway Strathaven ML10 6RP Applicant: Mr Bavaird Agent: DTA Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News 20th November 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 6 55
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services in consultation with the Chair of the Planning Committee has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site is located within the designated Green Belt, approximately 140 metres East of Knowehead Farm, Blackburnmill Highway, Strathaven. The application site boundary is contained within an agricultural field which gradually slopes down in a southerly direction and is bound to the east and south by mature trees and shrubs and a hedgerow and fence along the northern boundary of Blackburnmill Highway. Beyond the rest of the field there are individual residential properties located to the east and west. 2.2. Currently there are horse shelters located approximately 80 metres to the southwest of the site, however, these do not benefit from planning permission and the current equestrian use of the land for this purpose is unauthorised. There is an existing field gate access to the east of the site off Blackburnmill Highway, which is outwith the site and is not part of this proposal. 3. Description of Proposed Development 3.1. The proposal seeks the erection of a single storey dwellinghouse and the relocation of the nearby horse shelters to within the proposed residential site. The area of the proposed site would extend to 0.33Ha with the horse shelters positioned to the rear of the dwellinghouse. Three off street parking spaces are identified on the submitted plans to the front of the proposed property. No details of the proposed boundary treatment to the site or a site access were submitted with the application. 3.2. The proposed single storey dwellinghouse would contain a large open-plan kitchen/living/dining space, lounge, snug, utility, bathroom and three bedrooms, one with en-suite at ground floor level. A paved patio area would be located at the rear of the property. The Design Statement submitted with the application advises that the proposed finishing materials for the property would consist of a combination of stone and render to the walls, black framed window and doors and a slate roof. 3.3. The proposed horse shelters would be of a basic construction containing three timber sides, open fronts and a corrugated roof. 4. Relevant Planning History 4.1. The applicant has advised that the horse grazing/end-of-life care business has been in operation at the site for three years. There is no record of planning approval for this business operation or for the erection of the horse shelters at this location. The business and shelters are an unauthorised development and a Planning Enforcement case has been opened to investigate this planning breach. 4.2. The applicant previously submitted a planning application for a similar development in 2023 (P/23/0647) which was refused due to the lack of justification for a new dwellinghouse at this Green Belt location. 4.3. Planning Application P/21/1892 for the erection of an agricultural worker's dwellinghouse was also submitted by the applicant in October 2021. This application was returned prior to validation as the requested information was not received. 56
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5. Supporting Information 5.1. The agent submitted a Design Statement and Business Plan with the application. This has been considered as part of the assessment of the application, below. 6. Consultations 6.1. Roads Development Management – Objected to the proposal due to insufficient details on access dimensions, lack of turning facilities, visibility splays and details on how the stables will be accessed. Response: Noted. The Planning Service requested this information from the agent, however, it has not been submitted. 6.2. Environmental Services – No objection to the proposal. Requested advisory notes relating to construction noise, nuisance, and a note about the role of SEPA. Response: Noted. These matters could be addressed through conditions and advisory notes on the decision notice if the application was to be approved. 6.3. Scottish Water – No objection to the proposal. Have advised that there is sufficient water capacity in the area but no public wastewater infrastructure which could serve the site. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, no representations have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 (2023) National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 8 - Green belts Policy 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 also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking 57
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SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business Policy DM15 - Water Supply Policy DM16 - Foul Drainage and Sewerage 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the erection of a single storey dwellinghouse and the relocation of existing stables for an equestrian business. The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The relevant policies set out above will be assessed in turn alongside any relevant material considerations. 10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. NPF4 Policy 8 provides a list of appropriate Green Belt uses, with limited new-build residential development linked to essential farm workers/key workers, retired farm workers or the one-for-one replacement of existing residential dwellings only. Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. In terms of NPF4 Policy 8, the proposal does not meet any of the criteria nor is there a specific locational need. The applicant does not own the land in question and the current business and land-use at the site is unauthorised and is subject to a separate enforcement investigation. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area would also be relevant to this proposal. This states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. SLLDP2 Policy GBRA10 - Accommodation Associated with an Existing or Proposed Rural Business - advises that within the Green Belt and Rural Area the provision of a dwelling house or temporary accommodation may be considered in association with a rural business. Proposals will be required to meet the following criteria:- All Proposals The applicant should first consider whether there are traditional buildings suitable for conversion, redundant buildings, gap sites or opportunities to consolidate a building group within the land available to them. The business proposal shall comply with Policy GBRA2. It is demonstrated that accommodation is essential for the successful management of the business. 58
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It is demonstrated that the business (new, relocating or established) is based upon a robust market assessment, planned on a sound financial basis and the business will become viable in the long term. The submission of a 5 year business plan will be required to demonstrate compliance with criteria 3 and 4. The accommodation shall meet rural design policy as set out in Policy GBRA1 and in supporting planning guidance. 10.5. The submitted application does not meet the above criteria as the business has no planning permission, has not demonstrated it is based on a sound financial basis and is viable and has not submitted a satisfactory business plan. The proposal therefore fails the requirements of Policy GBRA10. 10.6. The applicant has advised that the business of leasing out the field and shelters has been in operation for three years without the need for a residential property on site. The applicant also advises in their Design Statement that they lease the field and maintain the shelters but are not engaged in the care of the horses. Even once a house is built, the proposal is that the owners would still be required to visit the site daily to tend to the horses, as is the current position. As such, the applicants own submission confirms that there is no need for on-site residential accommodation for the existing, unauthorised, business. 10.7. The applicant submitted a Business Plan in support of the application. The Business Plan has been produced by the applicant, contains limited information, features no independent financial verification and the current or projected level of income is not of a sustainable level to justify residential accommodation. This statement also refers to accounts, which again have not been submitted. However, as the current business is unauthorised, the robustness of the Business Plan is not a determining factor in the assessment of the application. 10.8. In summary, it is considered that there is no justification in policy terms for a new dwellinghouse at this location within the Green Belt. There are no material considerations which would justify a departure from the development plan at this site to permit the erection of a new dwellinghouse contrary to policy. The proposal is considered to be contrary to SLLDP2 Policies 4 and GBRA10 and NPF4 Policy 8. 10.9 Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. It is noted the plans include proposals for renewable technologies at the new dwelling. However, given that there is no justification for a new dwellinghouse in the Green Belt, the dwellinghouse would not be sustainably located and it would lead to additional private car trips with their associated greenhouse gas emissions. This would adversely impact upon the wider climate and the proposal would therefore fail to comply with Policies 1 and 2 of NPF4 or with Policy 2 of SLLDP2. 10.10 Layout, Siting and Design In terms of the design of the proposal, the relevant policies of NPF4 to be considered are Policies 14 – Design, quality and place and 16 – Quality homes. These policies require development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 - Development Management and Placemaking and GBRA1 – Rural Design and Development state that development proposals should take account of and be 59
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integrated within the local context and built form, provide suitable access, parking and have no adverse implications for public safety. New development should also have no significant adverse impacts on the local community. 10.11. Whilst the elevations and external materials of the proposed dwelling are considered to be acceptable, and would not significantly impact on neighbouring amenity, the building position, site layout and unclear means of access are unacceptable. The erection of a dwelling within the green belt, contrary to the policy designed to preserve the green belt, is not considered to be characteristic of a sustainable place. Given its location is removed from any main settlements, the proposal is also not considered to be connected. It is remote from services and facilities and would require the occupants to travel by private vehicle either to East Kilbride or Strathaven for activities including retail and leisure. Roads, Transportation and Fleet Services objected to the proposal due to insufficient details on access dimensions, lack of turning facilities, visibility splays and details on how the stables will be accessed. The proposal is therefore considered contrary to Policies 14 and 16 of NPF4 and Policies 5 and GBRA1 of SLLDP2. 10.12. Technical Matters DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and wastewater services. The application proposes connection to the public water supply. Private treatment is proposed for wastewater with a Klargester Bio-Disk sewage treatment system with outflow to soakaway. 10.13. Conclusion Given the above, it is considered that the proposed development has not been appropriately justified in land-use policy terms and that there are no material considerations which could justify a new dwellinghouse at this site. The applicant has failed to demonstrate that the proposal would not have road safety implications. The proposal would also be unsustainable in the Green Belt, failing to address climate concerns and generating increased private car trips and their associated greenhouse gasses and emissions. As such, the proposal would not comply with the relevant policies of the adopted development plan (NPF4 and SLLDP2) and it is therefore recommended that planning consent is refused. 11 Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of National Planning Framework 4 (2023) as it does not meet the criteria set out in the policy for Green Belt development and, as such, fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal is contrary to Policy 4 of the South Lanarkshire Local Development Plan 2 (2021) as it is not for agricultural, forestry, recreation or other uses generally appropriate to the countryside and it has not been appropriately justified in terms of being development which would require to be located within the Green Belt. 60
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03. The proposal does not meet the requirements of Policy GBRA10 of the South Lanarkshire Local Development Plan 2 (2021) as the related business at the site is unauthorised and insufficient evidence has been submitted to justify the requirement of a residential dwelling at this location. 04. The proposal is contrary to Policy 5 of the South Lanarkshire Local Development Plan 2 (2021) as insufficient details have been submitted to assess if the proposal would have implications on road safety. 05. The proposal would be contrary to Policy 14 – Design, quality and place of National Planning Framework 4 (2023) as it is inconsistent with the qualities of either a Connected or a Sustainable place. 06. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 (2023) as it does not constitute the delivery of high quality homes in the right locations as set out in the policy criteria. David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/1185 | Erection of single storey dwellinghouse and relocation of existing stables for equestrian business | Knowehead Farm Blackburnmill Highway Strathaven ML10 6RP Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 61
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Report Agenda Item Amended Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1282 Proposal: Section 42 application to vary Condition 18 of planning permission P/21/1100 to amend position of substation associated with wind turbine Site Address: Land at West Dykes Muirkirk Road Strathaven ML10 6RF Applicant: Clean Earth Energy Ltd Agent: N/A Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News 6th November 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 7 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 (2024) as more than 5 letters of objection have been received in respect of the proposal. 2. Site Description 2.1. The application site, extending to approximately 1.3 hectares is located on sloping farmland associated with West Dykes Farm approximately 1km to the south of Muirkirk Road (B743) and 5.5km to the south-west of Strathaven. The site is generally surrounded by agricultural land with a small number of residential properties in the vicinity. 3. Description of Proposed Development 3.1. This proposal relates to a Section 42 application to vary Condition 18 of planning permission P/21/1100. 3.2. Planning permission P/21/1100, granted 22 October 2021, was also as a Section 42 application which sought to amend Condition 1 of planning permission P/19/1829 (Erection of wind turbine up to a maximum blade tip height of 149.9m with associated infrastructure including crane pad, access track and electrical housing) to extend the time period and allow micrositing of the turbine. 3.3. Condition 18 of planning permission P/21/1100 states:- The wind turbine, electrical housing unit, areas of hardstanding and tracks, hereby approved, shall be erected and installed in the position indicated as shown on approved Location Plan drawing reference CE5439-LP-01-1-5000. At least 1 month prior to the construction of the turbine foundation a variation of the indicated position of the turbine on the approved drawing shall be notified on the following basis:- (a) If the variation is less than 25 metres it shall only be permitted following the submission of the new location to the Planning Authority in an acceptable, scaled plan form (b) if the variation is of between 25 metres and 50 metres it shall only be permitted following written approval of the Planning Authority in consultation with NatureScot The said provisions relating to variation shall not have the effect such that any variation will:- - bring a turbine within 1000m of a non-involved residential property - bring a turbine outwith the planning application boundary 3.4. The proposal seeks to change the location of the substation associated with the consented turbine and therefore vary the plan referenced in the above condition to CE5439-LP-02-1-5000. 4. Relevant Planning History 4.1. Planning permission was refused for the erection of wind turbine up to a maximum blade tip height of 149.9m with associated infrastructure including crane pad, access track and electrical housing at the site under application P/19/1829 in August 2020. However, following appeal, this was authorised by a Reporter of the Scottish Government in December 2020. 64
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4.2. As noted above, a Section 42 application to amend condition 1 of P/19/1829 and allow micrositing was subsequently approved by the Council in October 2021. 5. Supporting Information 5.1 In support of the planning application, the following has been submitted:- A supporting statement Letter clarifying location of substation 6. Consultations 6.1. None required. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 10 representations have been received (10 objections). The issues raised are summarised as follows:- Proximity of substation to residential properties Object to approved turbine Impact of associated turbine and turbine development in general on residents in relation to noise, shadow flicker, health risks, safety, loss of value Impact of associated turbine and turbine development on the environment and wildlife Cumulative impact Insufficient access Lack of community consultation from developer Lack of information on plans The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 8 Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 11 - Energy Policy 14 - Design, quality and place 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:- 65
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SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 – Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 18 – Renewable Energy SLLDP2 Volume 2 Policies Policy GBRA1 – Rural Design and Development Policy DM1 - New Development Design Policy RE1 – Renewable Energy 9 Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction Permission is sought to vary Condition 18 of planning permission P/21/1100 to allow repositioning of the substation associated with the wind turbine approved at the site. This involves relocating the substation from one side of the crane pad to the other. The determining issues in the consideration of this application are its compliance with national policy and local development plan policy. 10.2. Principle of Development The application site is located within the rural area as identified under SLLDP2. As the site benefits from planning permission for a wind turbine of up to 149.9 metres in height to blade tip, as authorised by a Reporter of the Scottish Government under application P/19/1829, and subsequent Section 42 application P/21/1100, the principle of the development has already been established and therefore complies with Policy 11 – Energy of NPF4, and Policies 18 and RE1 – Renewable Energy of SLLDP2. The purpose of this application is therefore not to reassess the acceptability of the wind turbine development, but to establish if the repositioning of the substation is acceptable and, as such, the amendment of Condition 18. 10.3. Layout, Siting and Design Policy 14 - Design, Quality and Place of NPF4 aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design- led approach and applying the Place Principle. Policy 5 – Development Management and Placemaking of SLLDP2 advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and the environment. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. 10.4. The submitted plans indicate that the substation would be relocated a distance of approximately 25 metres from approved position to the south-west of the crane pad to a new location on the northeast of the crane pad. As this will have no impact on residential properties or have any significant visual impact on the overall development, the proposal is considered acceptable. It is therefore considered that the proposal complies with Policy 14 of NPF4 and Policies 5 and DM1 of SLLDP2. 66
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10.5. Policy 1 – Tackling the climate and nature crises and Policy 2 – Climate mitigation of NPF4, along with Policy 2 of SLLDP2, seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. As the proposal relates to an approved renewable energy development, the proposal is not considered to raise any issues that conflict with the aims of Policy 1 or 2 of NPF4, or Policy 2 of SLLDP2. 10.6. Representations The main issues raised through representation to this proposal relate to the principle of wind turbine development at this location. As outlined above, this application is not a reassessment of the acceptability of the turbine itself. 10.7. Several representations have also raised concern that the proposal relates to a substation located off the B743 and that the plans do not accurately represent this. In response to this, the applicant has provided a supplementary statement confirming that the proposal relates to the repositioning of the substation adjacent to the crane pad and therefore does not relate to the existing substation located just off the B743. The Council considers that the submitted plans do show the location of the substation as approved, as well as its proposed new location. 10.8. In relation to a lack of community consultation from the applicant, the proposal relates to an approved turbine. There is no formal requirement for the applicant to carry out community consultation in this instance. 10.9. Conclusion The Section 42 application to vary Condition 18 of planning permission P/21/1100 is considered to be acceptable and the proposal is considered to comply with the provisions of the Development Plan. It is recommended that Planning permission be granted subject to the attached conditions. 10.10. A Section 42 application requires all other conditions, if relevant, to be reattached to any new permission. As such, all conditions have been reattached and Condition 18 amended. 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 permission hereby granted is for a temporary period only and shall expire 30 years from the date of this decision. Reason: To enable the permission to be reviewed at the end of the permitted period in the light of the circumstances pertaining at that time. 02. On the expiry of 30 years from the date of the permission or in the event that the turbine becomes obsolete or redundant before that date, it shall be removed along with its associated hardstandings and the site reinstated in accordance with the decommissioning plans approved under the terms of condition 4 below within six months. Reason: To ensure the proper restoration of the site, in the interests of the visual amenity of the area. 67
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03. Prior to the commencement of the development, a guarantee to cover all site restoration and aftercare liabilities imposed on the expiry of this permission will be submitted for the written approval of the planning authority. Such guarantee must:- i. be granted in favour of the planning authority; ii. be granted by a bank or other institution which is of sound financial standing and capable of fulfilling the obligations under the guarantee; iii. be for an amount which covers the value of all site restoration and aftercare liabilities as determined by the planning authority at the commencement of development; iv. contain indexation provisions so that all site restoration and aftercare liabilities as determined at the commencement of development shall be increased on each anniversary of the date of this permission by the same percentage increase in the General Index of Retail Prices (All Items) exclusive of mortgage interest published by or on behalf of HM Government between the date hereof and such relevant anniversary; v. come into effect on or before the date of commencement of development, and expire no earlier than 12 months after the end of the aftercare period. No work shall begin at the site until (1) written approval of the planning authority has been given to the terms of such guarantee; and (2) thereafter the validly executed guarantee has been delivered to the planning authority. In the event that the guarantee becomes invalid for any reason, no operations will be carried out on site until a replacement guarantee completed in accordance with the terms of this condition is lodged with the planning authority. Reason: To ensure that adequate financial provision is available at all times to enable the satisfactory restoration of the site. 04. Before any work starts on site, details of the decommissioning and removal of the turbine hereby approved, together with the removal of the associated hardstandings, control buildings and access tracks, and the restoration of the site shall be submitted to the planning authority. No work shall start on site until these details have been approved in writing by the planning authority. This work shall be carried out in accordance with the approved decommissioning and restoration scheme unless otherwise agreed in writing by the planning authority. Reason: To ensure that the development is decommissioned and the site restored to the satisfaction of the planning authority. 05. Before any work starts on the site, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the planning authority. The CEMP shall include the following provisions:- a) a pollution prevention and control method statement, including arrangements for the storage and management of oil, fuel and other chemicals on the site; b) soil storage and management measures; c) a peat management plan if necessary; d) a water and drainage management plan for all groundwater, surface and waste water; e) details of any watercourse crossings; f) proposals for monitoring the site during construction operations, including any tree felling required, to ensure that they cause no harm to protected species. The development shall be implemented thereafter in accordance with the approved CEMP unless otherwise approved in writing by the planning authority. 68
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Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on the water environment and wildlife. 06. There shall be no development on site until a Traffic Management Plan has been submitted to and approved in writing by the planning authority, in consultation with the roads authority. The plan shall include details of the number and type of all vehicles to be used during the delivery and construction of the turbine and its infrastructure, including for the removal of excavated material from the site; the proposed routes to be used; swept path analysis for the longest delivery vehicles and the total weights and individual axle loads of all heavy loads; the measures required for the transport of abnormal loads, including any temporary signage; and provisions for the reinstatement of or repair of road surfaces, verges or roadside features, by the operator, that have been damaged by construction traffic by means of pre- and post-development condition surveys (alternatively an upfront payment in lieu of extraordinary damages can be agreed). The plan shall also include the following information for the intended turbine transportation route:- a) proposed timings and methodology; b) a swept path analysis detailing over-run areas for specialist loads, clarification of land agreements where improvements are required to third party land to facilitate road infrastructure and/or junction visibility splays, including details of local improvements in the public road geometry and strengthening in order to provide the required transport corridor for these loads; c) all temporary works including relocation of signs, advanced warning signing details, guardrails, bollards, street furniture and all temporary measures; d) any alteration to the public road network; e) details of the construction compound including staff car parking and turning arrangements; and f) details of appropriate cleaning systems to be put in place within the site to ensure mud and debris is not deposited on the public road. The Traffic Management Plan, as approved, shall thereafter be implemented in full. Reason: In the interest of public safety, and to ensure that all traffic movements in association with the construction of the turbine can be carried out with the minimum inconvenience to other road users. 07. Before the development hereby approved is completed or brought into use, visibility splays of 2.5 metres by 120 metres to the vehicular access, measured from the road channel shall be provided 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 interest of public safety. 08. Before the development hereby approved is completed or brought into use, a turning space shall be provided within the site to enable vehicles to enter and leave the application site in forward gears at all times. Reason: In the interest of public safety. 09. The first 30 metres of the access (measured from the edge of the carriageway) shall be surfaced, sealed and trapped to prevent any detritus, material or water leaving the access and entering the public road. 69
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Reason: In the interests of traffic safety. 10. All external colours shall be agreed in writing by the planning authority prior to the commencement of works. Reason: In the interests of protecting the visual amenity of the area. 11. In the event that an alternative turbine other than that shown on the approved planning drawings is sourced during the tendering process the alternative turbine will require the written approval of the Planning Authority and require to meet the stipulated noise limit conditions below. Reason: To safeguard the amenity of the area. 12. The turbine shall not display any logo, sign or advertisement without express consent from the planning authority unless such a sign is required for health and safety or operational reasons. Reason: To safeguard the amenity of the area. 13. The cumulative day time noise (7am to 11pm) and cumulative night time noise (11pm to 7am) from the wind turbine as it contributes to any noise sensitive receptor shall be a minimum of 10dB below the cumulative emissions of any other previously consented wind farm developments operating within their operational allowance. This is based on Section 5 of the West Dykes Wind Turbine ETSU-R-97 Assessment for the planning application of 6 December 2019. Reason: To minimise noise disturbance to adjacent occupants. 14. If the tonal noise emitted by the development exceeds the threshold of audibility by 6.5dB or more, then the acceptable noise specified above shall be reduced by 5dB, always providing that the definition of audibility for the purposes of this condition shall be as described in 'The Assessment and rating of Noise from Wind Farms (ETSU-R- 97). Reason: To minimise noise disturbance to adjacent occupants. 15. At the reasonable request of the planning authority and following a complaint to it relating to noise emissions arising from the operation of the wind turbine, the wind turbine operator shall appoint an independent noise consultant, whose appointment shall require to be approved by the planning authority, to measure the level of noise emission from the wind turbine at the property to which the complaint related. The measurement and calculation of noise levels shall be undertaken in accordance with ETSU-R-97 having regard to paragraphs 1 to 3 and 5 to 11 inclusive of the schedule on Pages 95 to 97 inclusive, and Supplementary Guidance Notes to the Planning Obligation on pages 99 to 109 of ETSU-R-97. Where an assessment of any noise impact is, in the opinion of the planning authority acting reasonably, found to be in breach of the noise limits, the wind turbine operator shall carry out mitigation measures to remediate the breach so caused. Details of any such mitigation measures required are to be submitted to the planning authority for prior approval. Reason: To protect residential properties from noise disturbance. 70
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16. In the event that noise complaints are made about the operation of the turbine, the use of the turbine shall be discontinued and the complaint investigated in accordance with the procedures outlined in condition 15 above. The turbine shall not be brought back into use until the complaint has been resolved to the satisfaction of the planning authority, including the implementation of any necessary mitigation measures. Reason: To protect residential properties from noise disturbance. 17. The turbine hereby approved shall be fitted with MOD accredited aviation safety lighting in accordance with the Civil Aviation Authority, Air Navigation Order 2016 and thereafter this lighting shall be maintained to the satisfaction of the planning authority. Reason: In the interests of aviation safety. 18. The wind turbine, electrical housing unit, areas of hardstanding and tracks, hereby approved, shall be erected and installed in the position indicated as shown on approved Location Plan drawing reference CE5439-LP-02-1-5000. At least 1 month prior to the construction of the turbine foundation a variation of the indicated position of the turbine on the approved drawing shall be notified on the following basis:- (a) If the variation is less than 25 metres it shall only be permitted following the submission of the new location to the Planning Authority in an acceptable, scaled plan form (b) if the variation is of between 25 metres and 50 metres it shall only be permitted following written approval of the Planning Authority in consultation with NatureScot The said provisions relating to variation shall not have the effect such that any variation will:- - bring a turbine within 1000m of a non-involved residential property - bring a turbine outwith the planning application boundary Reason: In the interests of amenity and in order to retain effective planning control. 19. Within 3 months of commissioning the approved wind turbine the applicant shall submit to the Planning Authority an "as built plan" at an appropriate scale indicating the location of any track, turbine, crane pad and grid building within the development. Reason: In order to retain effective planning control. 20. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 12 Reason for Decision 12.1. The variation to Condition 18 is considered to be acceptable and the proposal will not result in any significant adverse amenity, environmental or safety impacts, and therefore complies with the relevant policies of the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 71
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David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/1282 | Section 42 application to vary Condition 18 of planning permission P/21/1100 to amend position of substation associated with wind turbine | Land At West Dykes Muirkirk Road Strathaven ML10 6RF Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact: Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 72
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1373 Proposal: Erection of dwellinghouse Site Address: Newark Farm Land 135m Northwest of Newark Mill Whitecraigs Highway Glassford Strathaven ML10 6TX Applicant: Mr Thomas Miller Agent: Planning Services UK Ward: 05 Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News – 4th December 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 8 75
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services in consultation with the Chair of the Planning Committee has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site is an agricultural field located within the designated Green Belt, approximately 800 metres west of Glassford and 80 metres northwest of Newark Mill. The site is relatively flat agricultural land and is bound to the north and south by mature trees, to the west by agricultural land and to the east by the grounds of Newark Mill. The site is roughly triangular in nature, measuring 0.7Ha. 2.2. The proposed property would be accessed from the road to Newark Mill, off Whitecraigs Highway. 3. Description of Proposed Development 3.1. The proposal seeks the erection of a two-storey, 6-bedroom dwellinghouse which would be accessed via a new 125 metre driveway. The property would be set within substantial grounds. Two parking spaces are proposed at the front of the property with an additional parking area to the north of the site. 3.2. The proposed dwellinghouse would contain a large open-plan kitchen/living/dining space, lounge, garden room, snug, utility, boot room, dog room and WC on the ground floor. The upper floor of the property would contain six bedrooms (four with en-suite) and a bathroom. The Design Statement submitted with the application advises that the proposed external materials would be of a traditional nature including stone and timber. 4. Relevant Planning History 4.1. There is no relevant planning history for the site. 5. Supporting Information 5.1. The agent submitted a Planning Statement in support of the proposal. The report puts forward the view that the proposal complies with development plan policies. This has been considered as part of the assessment of the application, below. 6 Consultations 6.1. Roads Development Management – No objection subject to conditions relating to visibility splays, electric vehicle (EV) charging and parking. Response: Noted. These matters could be addressed through conditions and advisory notes if the application was to be approved. 6.2. Environmental Services – No objection to the proposal. Requested advisory notes relating to construction noise, nuisance, and a note about the role of SEPA. Response: Noted. These matters could be addressed through the inclusion of advisory notes on the decision notice if the application was to be approved. 6.3. Roads Flood Risk Management – No response. Response: Noted. 7 Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid representations have been received. 76
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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 (2023) National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for Scotland. It sets out spatial principles, regional priorities, national developments, and national planning policy. NPF4 supports the planning and delivery of sustainable places, liveable places, and productive places. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 8 - Green belts Policy 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 also assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP2). In this regard, the application site and associated proposals are affected by the following policies:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policy GBRA9 - Consolidation of Existing Building Groups Policy DM15 - Water Supply Policy DM16 - Foul Drainage and Sewerage 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction Full planning permission is sought for the erection of a two storey dwellinghouse. The main issues to be addressed in the determination of this application include the acceptability in principle of the proposed development, its layout, siting and design, and an assessment of technical matters. The relevant policies set out above will be assessed in turn alongside any relevant material considerations. 10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- 77
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development associated with agriculture, woodlands, and forestry accommodation for an essential worker horticulture outdoor recreation, play and sport, leisure and tourism uses flood risk management proposals essential infrastructure or new cemetery provision mineral operations and renewable energy intensification of established uses, including extensions to an existing building where that is ancillary to the main use the reuse, rehabilitation and conversion of historic environment assets one-for-one replacements of existing permanent homes Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area would also be relevant to this proposal. This states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. Notwithstanding policy GBRA1, there are several policies within SLLDP2 that consider new-build housing in the green belt, however, none of them are considered to be applicable to this proposal. The applicant has sought to set out a case in the Planning Statement that the proposal could be a consolidation of an existing building group, however, the nearest building is 80 metres from the proposed application site and the proposed dwelling would be around 100m from this existing dwelling. As the site is not part of an existing group no argument can be made that it would represent a consolidation and the proposal would not comply with SLLDP2 Policy GBRA9. 10.5. No specific locational justification has been provided for the erection of a dwellinghouse at this location within the Green Belt. In policy terms, it is considered that there is no justification for the erection of a new dwellinghouse within the Green Belt at this location. NPF4 Policy 8 provides a list of appropriate Green Belt uses, as outlined above, with limited new-build residential development linked to essential farm workers/key workers, retired farm workers or the one-for-one replacement of existing residential dwellings only. 10.6. With regards to the case made in the Planning Statement that the proposal would be a consolidation of an existing building group, the site would not comply with SLLDP2 Policy GBRA9 as the building group referred to is located 80 metres from the proposed application site and not connected to this group of buildings. 10.7. The erection of a dwelling at this location would not contribute to local living and, in summary, it is considered that there is no justification in policy terms for a new six bedroom dwellinghouse at this location within the Green Belt. There are no material considerations which would justify a departure from the development plan at this site to permit the erection of a new dwellinghouse contrary to policy and to do so would risk undermining the purpose of the Green Belt. As such, the proposal is considered to be contrary to NPF4 Policies 8 and 15 and with SLLDP2 Policies 4 and GBRA9. 78
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10.8. Climate Change Policies 1 and 2 of NPF4, and Policy 2 of SLLDP2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. While the proposal would include energy efficient features and would be relatively close to sustainable transport options, there is no justification for a new dwellinghouse in the Green Belt and it is still considered that a six-bedroom dwelling would lead to additional private car trips with their associated greenhouse gas emissions. This would adversely impact upon the wider climate and the proposal would therefore fail to comply with Policies 1 and 2 of NPF4 or with Policy 2 of SLLDP2. 10.9. Layout, Siting and Design In terms of the design of the proposal, the relevant policies of NPF4 to be considered are Policies 14 – Design, quality and place and 16 – Quality homes. These policies require development proposals to be designed to improve the quality of an area and supports proposals where they are consistent with the six qualities of successful places; healthy, pleasant, connected, distinctive, sustainable, and adaptable. SLLDP2 Policies 5 - Development Management and Placemaking and GBRA1 – Rural Design and Development state that development proposals should take account of and be integrated within the local context and built form, address the six qualities of placemaking and not be isolated or sporadic. New development should also have no significant adverse impacts on the local community. 10.10. The physical characteristics of the proposed dwellinghouse are not a material consideration in this instance as the principle is unsupportable. However, the scale and design of the proposal is not considered to reflect the Green Belt setting and the submitted drawings do not even specify external materials. As the proposed dwelling is within the Green Belt without a locational need, it cannot be considered as a sustainable location. The proposed dwellinghouse is not connected to the local buildings and, as such, is considered sporadic development. It is therefore considered that the proposal is contrary to Policy 14 of NPF4 and Policies 5 and GBRA1 of the SLLDP2. 10.11 Technical Matters DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and wastewater services. No details of the water connection proposals were submitted with the application. Private treatment is proposed for wastewater with a septic tank sewage treatment system with outflow to soakaway. 10.12. Other Issues The Planning Statement submitted by the agent states the proposal aligns with key national and local planning objectives:- Meeting Local Housing Needs: The increase in Glassford’s population indicates a demand for rural housing, which this proposal addresses by adding a dwelling within an established cluster, thus maintaining Green Belt openness. Supporting Sustainable Development: The dwelling’s design aligns with sustainability standards set by NPF4 and SLLDP2. Respecting Rural Character and Green Belt Openness: The proposal preserves the landscape's continuity by integrating with the established cluster minimising visual and spatial disruption to the Green Belt. Land is not Prime Agricultural land. The land is classified as Class 3.2 - Land capable of average production, though high yields of barley, oats, and grass can be obtained. Grass leys are common. 79
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10.13. As detailed above, the required justification for a new dwelling in the Green Belt, set out in the NPF4 and the SLLDP2 has not been provided. The site is not within the identified settlement of Glassford and for a pedestrian there is approximately a 1.4km walk along unlit roads with no public footways between Glassford and the site. The proposal is not development associated with agriculture, woodlands, and forestry, is not connected to an existing building group and does not provide accommodation for an essential worker. The argument that a two-storey house better preserves landscape character than the existing field is without merit and its development would not minimise visual disruption in the green belt. The agricultural land classification is not a material consideration given that the principle of the development is unsupportable. 10.14. Conclusion Given the above, it is considered that the proposed development has not been appropriately justified in policy terms with regards to its Green Belt location and that there is therefore no justification for a new dwellinghouse at this site. The proposal would also have an adverse impact upon the wider amenity of the area, being an unjustified Green Belt development and sited in a manner which does not reflect the rural character. The proposal would also be unsustainable in the Green Belt, failing to address climate concerns and generating increased private car trips and their associated greenhouse gasses and emissions. As such, the proposal would not comply with the relevant policies of the adopted development plan (NPF4 and SLLDP2) and it is therefore recommended that planning consent is refused. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 8 - Green Belts of the National Planning Framework 4 (2023) as it does not meet the criteria set out in the policy for Green Belt development and, as such, fails to encourage, promote and facilitate compact urban growth and use the land around our towns and cities sustainably. 02. The proposal is contrary to Policy 4 of the South Lanarkshire Local Development Plan 2 (2021) as it is not for agricultural, forestry, recreation or other uses generally appropriate to the countryside and it has not been appropriately justified in terms of being development which would require to be located within the Green Belt. 03. The proposal is contrary to Policy 5 of the South Lanarkshire Local Development Plan 2 (2021) as it does not take account of the principles of sustainable development and does not include measures which enhance the environment or address the six qualities of placemaking. 04. The proposal does not meet the requirements of Policy GBRA9 of the South Lanarkshire Local Development Plan 2 (2021) as the proposal is not within a reasonable distance of the existing nearby building group. 05. The proposal would be contrary to Policy 14 – Design, quality and place of National Planning Framework 4 (2023) as it is inconsistent with the qualities of either a Connected or a Sustainable place. 80
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06. The proposal would be contrary to Policy 16 - Quality Homes of the National Planning Framework 4 (2023) as it does not constitute the delivery of high quality homes in the right locations as set out in the policy criteria. David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/1373 | Erection of dwellinghouse | Land 135M Northwest Of Newark Mill Whitecraigs Highway Glassford Strathaven ML10 6TX Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 81
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1421 Proposal: Erection of 6 two storey houses (two terraced blocks) and a 3 storey block of 18 flats with associated parking, landscaping and associated services Site Address: Land Enclosed by High Blantyre Road, Glenlee Street and Reid Street, Hamilton Applicant: JR Group Ltd Agent: Mast Architects Ward: 17 - Hamilton North and East Application Type: Full planning permission Advert Date: Hamilton Advertiser - 19 December 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 9 83
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1. Reason for Report 1.1. This application is being presented to the Planning Committee for determination as the proposal has received more than 5 objections. 2. Site Description 2.1. The application site extends to approximately 0.52ha and is situated in an established residential area, within the settlement boundary of Hamilton. 2.2. The site relates to an area of vacant land which previously accommodated St Cuthbert’s Church and associated buildings, including a residential dwelling, a detached double garage and landscaping. The buildings were demolished in 2023 and the site cleared. 3. Description of Proposed Development 3.1. Planning permission is sought for the erection of 6 two storey houses (two terraced blocks) and a 3 storey block of 18 flats with associated parking, landscaping and associated services at land enclosed by High Blantyre Road, Glenlee Street and Reid Street, Hamilton. 3.2. The terraced properties and flatted units are for social rent with the end user being South Lanarkshire Council. Externally, the properties are proposed to be finished in a combination of facing brick, cladding, glazing panels and concrete roof tiles. 3.3. The proposal includes vehicular access to the development from Glenlee Street and access to parking provision from Reid Street. In addition, the proposal includes pedestrian accesses from Reid Street, High Blantyre Road and Glenlee Street and footpath links throughout the site. The development includes 32 off street parking spaces associated with the residential units. The proposal also includes a new landscaping scheme and the retention of the existing boundary walls with a reduction in height. 3.4. Following discussions with the Planning Service, during the planning application process some minor changes were undertaken to the design of the flatted development. These changes included alterations to the material configuration of the flatted development and the lowering of the ridge line on parts of the block. In addition, the initially proposed timber fence adjacent to the parking area has been replaced with metal railings. 4. Relevant Planning History 4.1. There is no relevant planning history relating to this site. 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Design and Access Statement Solar Study Roads Comments Response Document A letter confirming the end user of the site 6. Consultations 6.1. Environmental Services - No objection to the proposals, subject to advisory notes relating to noise and preparation of an action plan. Response: Noted. 84
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6.2. Roads Development Management Team - No objection to the proposed development, subject to conditions relating to the provision of a dropped kerb access and the submission of a Construction Phase Traffic Management Plan. Response: Noted. 6.3. Housing Services – Advise the site is identified in the South Lanarkshire Strategic Hosing Investment Plan (SHIP). Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 57 representations (55 objections) have been received. The issues raised are summarised as follows:- Design Issues The proposed three storey block of flats is out of keeping with the character and architectural style of Reid Street and the surrounding area. Due to the level changes the flats will appear four storeys in height. The proposal is not sympathetic to the Conservation Area. The proposed materials are not in keeping with the surrounding area. The design does not accord with the Local Development Plan policies. The proposal will result in overdevelopment of the site. Amenity Issues The flats will result in overlooking over adjacent properties and garden grounds of the properties on Reid Street. The new flats will create privacy issues. The proposal will block sunlight and result in overshadowing of our properties, affecting our quality of life. The new residential accommodation will result in noise, light and air pollution for existing residents. The properties should be rotated to face Glenlee Street as this will minimise overlooking. Natural Environment The proposal will have an adverse impact on wildlife and loss of habitat. The development will result in the loss of a green space. The existing trees on the site were there for 130 years and have been removed. Concern regarding the impact of the trees identified in the landscaping scheme as they mature. Roads Related Matters There are only 32 spaces proposed, which is not enough parking for the development as some households will have 2 and 3 cars. The parking provision does not accord with the Councils Residential Development Guide. Concern regarding the parking spaces in Reid Street as this will result in less off- street parking in the area. There have been accidents at the surrounding junctions and the development will result in increased road safety issues. The area is already congested with traffic and the development will exacerbate this issue. The proposal will impact on the safety of children walking to school. 85
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The development will result in residents having difficulty accessing their homes and create unsafe traffic conditions. Concern regarding the impact of the development on High Blantyre Road as it is an arterial route through Hamilton. The new kerb parking regulations are causing issues which will be made worse by this development. Road markings should be re-instated in the surrounding area. Other Matters Raised The development of more housing will put pressure on existing schools and GP surgeries. Greater infrastructure is required for the development to progress. The increase in hard surfacing will result in drainage issues. The noise from the demolition of the church buildings was awful and resulted in significant disruption and there is now concern regarding the noise and impact during the construction process. The proposal will impact on property prices. The site should be developed to accommodate bungalows. Concern regarding the communication from the Council regarding the proposal as there was an issue with the neighbour notification process and we are not receiving updates regarding the proposal. Elderly residents cannot access the planning portal. Concern regarding the lack of communication from the Diocese of Motherwell regarding the site. Two external bin stores are likely to attract rodents. Concern regarding the ambiguity of the ownership of the site. 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 and sets out spatial principles, regional priorities, national developments and national planning policy. The relevant policies are:- 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 Buildings Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 15 - Local Living and 20 Minute Neighbourhoods Policy 16 - Quality Homes 86
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8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2: SLLDP2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 3 - General Urban Areas Policy 5 - Development Management and Placemaking Policy 15 - Travel and Transport Policy DM1 - New Development Design 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development 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. Policy 9 of NPF4 identifies that proposals for the re-use of vacant brownfield land and existing buildings will be supported as this will maximise the use of existing assets and minimise additional land take. The proposal relates to the sustainable re-use of vacant land within an established urban area to provide residential accommodation. Subsequently, the proposal accords with the provisions of Policy 9 of NPF4. 10.3. Policy 16 of NPF4 seeks to encourage, promote, and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations. The site is not allocated for housing within the local development plan (LDP), therefore in terms of Policy 16 part (f), the proposal is contained within the defined settlement boundary where the principle of development is considered to be acceptable in accordance with the LDP and NPF4 and therefore complies with part (iii) as the proposal is for smaller scale opportunities within an existing settlement boundary. A timing condition will be applied to any permission granted in line with part (i). 10.4. Overall, the principle of a small-scale housing development can therefore be accepted in this case. For the avoidance of doubt, Policy 16 part (e) is not applicable in this case as affordable housing contributions are not required as the development relates to provision of accommodation for the social rented sector. Therefore, the principle of the development of the site for a residential use raises no issues within the context of Policy 16 of NPF4. 10.5. The site is affected by Policy 3 of the adopted Local Development Plan which establishes that residential developments, and those of an ancillary nature, may be considered acceptable provided that they do not have a significant adverse impact on the amenity and character of the area. The site was previously developed and occupied by a church, associated buildings and a residential dwellinghouse. The application site is situated within an established residential area. The principle of the proposed development would not result in a significant adverse impact on residential amenity or the established character of the area and therefore raises no issues within the context of Policy 3 of the adopted Local Development Plan. 87
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10.6. Policies 1 and 2 of the adopted Local Development Plan and National Planning Framework 4 encourage sustainable economic growth and regeneration, a move towards a low carbon economy, the protection of the natural and historic environment and mitigation against the impacts of climate change. The proposal involves the regeneration of a vacant site in Hamilton and therefore raises no issues within the context of Policies 1 and 2 of the adopted Local Development Plan or NPF4. 10.7. Layout, Siting and Design Policies 14 and 15 of NPF4 relate to 20 minute neighbourhoods and liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable and adaptable. Policy 15 establishes that development proposals should contribute to local living and 20 minute neighbourhoods. 10.8. The site is located in an established residential area within the Hamilton settlement boundary and is situated in close proximity to a range of facilities and services. The site is considered to be well connected, situated directly adjacent to High Blantyre Road and links to the wider transport network. The proposal is situated in a sustainable location which will support local compact living and be accommodated within a 20 minute neighbourhood. In addition, the site is considered to be adaptable as the proposal seeks to ensure the long-term re-occupation of a derelict site whilst improving the vitality and viability of the local area. Subsequently, it is considered that the proposal accords with the provisions of Policies 14 and 15 of NPF4. 10.9. In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area, and to promote quality and sustainability in its design. It is noted that prior to the demolition of the existing buildings and structures that the site was densely developed, including buildings constructed adjacent to the footpath at Reid Street. The surrounding area comprises a wide range of house types, styles and materials and whilst the adjacent properties are generally two storeys in height there are flatted developments three storeys in height in the surrounding area. 10.10. The proposal relates to two storey dwellinghouses and a three storey flatted block. Following a detailed assessment, it is not considered that the proposed development will result in a significant adverse visual impact on the streetscape. In addition, the external finishes of the development are considered acceptable within the context of the established area. 10.11. In relation to overshadowing, it is noted that the site was previously occupied by numerous buildings and large trees which would have resulted in the overshadowing of the adjacent properties. A solar study has been submitted which demonstrates that there will be an increase in overshadowing in comparison to the vacant site. However, this is not likely to result in a significant adverse impact on any adjacent properties. With regards to privacy, the proposed development meets the minimum window to window distance required and the proposed landscaping will also provide additional screening. However, it should be noted that the application site and neighbouring properties are within an established urban area where a degree of mutual overlooking and overshadowing already occurs. 10.12. The proposed development relates to a range of residential accommodation to provide choice and meet the diverse needs of the local community. It is considered that the buildings have been designed and positioned within the site to minimise significant 88
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adverse impact on any adjacent dwellings in terms of loss of light, overshadowing, overlooking or loss of privacy. Subsequently, following assessment, it is considered that the design, location and scale of the proposed development is acceptable and the proposal raises no issues within the context of Policies 5 and DM1 of the adopted Local Development Plan. 10.13. 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 site is urban in nature, has been the subject of substantial demolition and there is no evidence of any protected species occupying the site. In addition, prior to the submission of the planning application all of the existing trees were removed. However, the proposal includes a new landscaping scheme which will improve the biodiversity impact of the development, in accordance with the provisions of Policy 3 of NPF4. 10.14. Transport Policy 13 of NPF4 provides support for development proposals which have links to local facilities, are accessible via public transport, provide low emission vehicle charging points, cycle parking and take into account the transport needs of diverse groups whilst simultaneously reducing the dominance of the car. The location of the site and the design of the proposal support sustainable travel and generally address these infrastructure requirements, in accordance with the provisions of Policy 13 of NPF4. 10.15. Policy 15 of the adopted Local Development Plan seeks to ensure that development considers, and where appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of provision for walking, cycling and public transport. In this regard, the site is situated in close proximity to a wide range of facilities and services, is accessible by public transport and the development would be well integrated into existing walking and cycling networks. In addition, Roads, Transportation and Fleet Services fully assessed the application and consider that the proposal is acceptable in terms of access, parking and road safety issues. Subsequently, it is considered that the proposal accords with the provisions of Policy 15 of the adopted Local Development Plan. 10.16. In relation to the other matters raised, some of the representations identified concerns regarding the neighbour notification process. There was a delay in relation to the neighbour notification letters, however, the letters were issued on 6 January 2025 and the application was advertised in the local press. Subsequently, it is considered that the appropriate procedures have been undertaken with regards to this matter. In addition, paper copies of drawings and supporting information have been made available to third parties when requested. Communication from the owner of the site is a matter outwith the control of the Planning Service. 10.17. Whilst alternative uses for the site have been suggested by local residents, the Planning Service are required to fully assess the proposal as submitted. In relation to the issue of construction noise, it is noted that similar to any construction site, the proposal is anticipated to result in some local disruption in the short term. However, the issue of construction noise can be addressed through the use of advisory notes. A number of the other issues raised are not material consideration in the determination of the planning application. 89
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10.18. Conclusion In conclusion, the proposal relates to the creation of a high quality housing development on a vacant site which will provide accommodation for the social rented sector. The design, layout and general impact of the development is considered to be acceptable and the proposal raises no significant environmental or infrastructure issues. Overall, it is considered that the proposal complies with the provisions of the relevant policies within the National Planning Framework 4 and the South Lanarkshire Local Development Plan. It is therefore recommended that the application be granted subject to the conditions listed. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That the development is for the use by a registered social landlord and shall not be used for private rent or sale, unless otherwise agreed in writing with the Council as Planning Authority. Reason: The submitted proposal has been assessed on the basis of this tenure. 03. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 04. That no development shall commence on site until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Sustainable Drainage Design Criteria and shall include signed appendices as required. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on-site and off-site flooding. 05. That prior to the occupation of the development, the landscaping scheme as shown on the approved plans shall be completed. Reason: In the interests of biodiversity and visual amenity of the area. 90
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06. That before development starts, full details of the design and location of all fences and walls, including any retaining walls to be erected on the site shall be submitted to and approved 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. 07. That prior to the occupation of the development, the walls and fences approved under the terms of the above condition shall be erected. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 08. That no development shall commence until a Construction Phase Traffic Management Plan (CPTMP) has been submitted to and approved in writing by 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 CPTMP:- - The proposed delivery route for HGV traffic and construction vehicles. - The wheel washing facilities to provide detritus being deposited on the public road. - The arrangement of construction compound(s) and contractor/staff car parking on site to ensure that no vehicles are parked on the public road. - The location and layout of the delivery area and turning area within the site to ensure that all construction delivery vehicles can enter and exit site in a forward gear. - Prior to agreement with the Council as Roads Authority, an identification of the construction traffic route for which the required road dilapidation survey will be undertaken. Reason: In the interests of road safety. 9. That before the development hereby approved is brought into use, the entire access road (including a dropped kerb access) and footpath network serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the dwellings. 10. That works relating to the removal of the existing boundary wall will require the installation of a new heel kerb and any works on the footway will require resurfacing over the full width of the footway. Reason: To ensure the footway is reinstated to the correct standard. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 9, 13, 14, 15 and 16 of the National Planning Framework 4 and raises no issues within the context of Policies 1, 2, 3, 5, 15 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. 91
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David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/1421 | Erection of 6 two storey houses (two terraced blocks) and a 3 storey block of 18 flats with associated parking, landscaping and associated services | Land Enclosed By High Blantyre Road, Glenlee Street And Reid Street Hamilton ML3 9HW 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 92
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1423 Proposal: Erection of two 3-storey blocks of flats (24 units) with associated parking, landscaping and associated services Site Address: Land at Backmuir Road, Hamilton, ML3 0PX Applicant: JR Group Ltd Agent: Mast Architects Ward: 17 - Hamilton North and East Application Type: Full planning permission Advert Date: Hamilton Advertiser 19th December 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 10 95
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1. Reason for Report 1.1. This application is being presented to the Planning Committee for determination as the proposal has received more than 5 objections. 2. Site Description 2.1. The planning application site extends to approximately 0.4ha and is situated in an established residential area of Hamilton. 2.2. The site relates to an area of vacant land which previously accommodated St Paul’s Church, an associated two storey residential dwelling, garage and garden ground. The buildings were demolished in 2024 and the existing landscaping removed. The topography of the site slopes gradually from the south west to the north east and pedestrian access is from the existing footpath network with vehicular access from Backmuir Road. 3. Description of Proposed Development 3.1. The proposal will accommodate 12 one bedroom flats and 12 two bedroom flats for social rent, with the end user being South Lanarkshire Council. Externally, the flats are proposed to be finished in a combination of facing brick, cladding, glazing panels and concrete roof tiles. In addition, the flatted units are proposed to have photovoltaic panels integrated within the roof structure. 3.2. The proposal includes the formation of vehicular and pedestrian accesses from Backmuir Road, with footpath links throughout the site. In addition, the development includes 26 off street parking spaces and landscaping. 4. Relevant Planning History 4.1. There is no relevant planning history relating to this site. 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Design and Access Statement Solar Study Flood Risk Assessment Ground Investigation Report A letter confirming the end user of site 6. Consultations 6.1. Environmental Services - No objection to the proposals, subject to conditions and advisory notes relating to noise and the submission of a detailed remediation strategy. Response: Noted. 6.2. Scottish Water - No objection to the proposal. Response: Noted. 6.3. Roads Development Management Team - No objection to the proposed development, subject to conditions relating to the provision of a dropped kerb access and the submission of a Construction Phase Traffic Management Plan. Response: Noted. 6.4. Housing Services – Advise the site is identified in the Council’s Strategic Housing Investment Plan (SHIP). Response: Noted. 96
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7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 21 representations (20 objections) have been received. The issues raised are summarised as follows:- Design Issues There is concern regarding the height of the development in a lower density area. The proposal is overdevelopment of this site. The bin storage areas should be relocated. The existing palisade fence should be removed and replaced with a new fence. Amenity Issues The proposal will result in overlooking of adjacent properties and garden grounds. The proposal will have a negative impact on the privacy of neighbouring properties. The proposal will block the sunlight to properties on Abbotsford Avenue. Before the demolition of the church building and manse, there were large trees around the perimeter which provided the houses with a large measure of privacy. Roads Related Matters There is a shortage of off-street parking in the development. The parking provision doesn’t accord with the Councils Residential Development Guide and 36 spaces are required. An increase in traffic so close to the school will have an adverse impact on children’s safety. The area is already congested with traffic associated with the football ground and the schools in the surrounding area and this proposal will exacerbate this issue. Other Matters Raised The ground should be used as a play area as there is currently no such amenity areas for local children. The proposal is contrary to Local Plan policy. The development will have an impact on private mortgage payers. The development will put pressure on existing local amenities. Concern regarding the noise during the construction process. Neighbour notification letters were sent out before Christmas and the residents have not had sufficient time to consider the proposal. 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 and sets out spatial principles, regional priorities, national developments and national planning policy. The relevant policies are:- 97
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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 9 - Brownfield, Vacant and Derelict Land and Buildings Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 15 - Local Living and 20 Minute Neighbourhoods Policy 16 - Quality Homes 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 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Policies Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 3 - General Urban Areas Policy 5 - Development Management and Placemaking Policy 15 - Travel and Transport Policy DM1 - New Development Design 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development Detailed planning permission is sought for the erection of two 3-storey blocks of flats (24 units) with associated parking, landscaping and associated services at Backmuir 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. Policy 9 of NPF4 identifies that proposals for the re-use of vacant brownfield land and existing buildings will be supported as this will maximise the use of existing assets and minimise additional land take. The proposal relates to the sustainable re-use of vacant land within an established urban area to provide residential accommodation. Subsequently, the proposal accords with the provisions of Policy 9 of NPF4. 10.3. Policy 16 of NPF4 seeks to encourage, promote, and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations. The site is not allocated for housing within the local development plan (LDP), therefore in terms of Policy 16 part (f), the proposal is contained within the defined settlement boundary where the principle of development is considered to be acceptable in accordance with the LDP and NPF4 and is therefore considered to comply with part (iii) as the proposal is for a smaller scale opportunity within an existing settlement boundary. A timing condition will be applied to any permission granted in line with part (i). 10.4. Overall, the principle of a small-scale housing development can therefore be accepted in this case. For the avoidance of doubt, Policy 16 part (e) is not applicable as affordable housing contributions are not required as the development relates to provision of accommodation for the social rented sector. Therefore, the principle of 98
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the development of the site for a residential use raises no issues within the context of Policy 16 of NPF4. 10.5. The site is affected by Policy 3 of the adopted Local Development Plan which establishes that residential developments, and those of an ancillary nature, may be considered acceptable provided that they do not have a significant adverse impact on the amenity and character of the area. The site was previously occupied by a two storey church and a two storey dwellinghouse, with associated access and parking. Therefore, the principle of development, including residential accommodation, at this site has been established. Subsequently, it is considered that the principle of the proposed use of the site for flatted units would not result in a significant adverse impact on residential amenity or the established character of the area and therefore raises no issues within the context of Policy 3 of the adopted Local Development Plan. 10.6. Policies 1 and 2 of the adopted Local Development Plan and National Planning Framework 4 encourage sustainable economic growth and regeneration, a move towards a low carbon economy, the protection of the natural and historic environment and mitigation against the impacts of climate change. The proposal involves the regeneration of a vacant site in Hamilton and therefore raises no issues within the context of Policies 1 and 2 of the adopted Local Development Plan or NPF4. 10.7. Layout, Siting and Design Policies 14 and 15 of NPF4 relate to 20 minute neighbourhoods and liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable and adaptable. Policy 15 establishes that development proposals should contribute to local living and 20 minute neighbourhoods. 10.8. The proposed development site is located within the Hamilton settlement boundary and is within walking distance of a wide range of facilities and services. The site is considered to be well connected and situated within a sustainable location which will support local compact living and a 20 minute neighbourhood. In addition, the site is considered to be adaptable as the proposal seeks to ensure the long-term re- occupation of a vacant site whilst simultaneously improving the vitality of the area. It is considered that the proposal accords with the provisions of Policies 14 and 15 of NPF4. 10.9. In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area, and to promote quality and sustainability in its design. 10.10. The proposed three storey flatted dwellings are of modern design with a suitably high standard of external finishing materials. The site is surrounded by a range of properties which vary in height but are predominantly two storeys. However, the proposed street elevations illustrate that, whilst higher, the development will not be out of keeping with the existing residential development in the surrounding area. 10.11. In relation to overshadowing, it is noted that the site was previously occupied by a two storey dwelling, a two storey church building and there were high trees at the boundaries which would have resulted in overshadowing of the adjacent properties. A solar study has been submitted which demonstrates that whilst there will be an increase in overshadowing this is not likely to result in a significant adverse impact on any adjacent properties. With regards to privacy, a new 1.8m high screen fence will 99
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enclose the site and the proposed landscaping will also provide additional screening. In addition, the proposed development meets the minimum window to window distance required. Notwithstanding the above, it should be noted that the application site and neighbouring properties are within an established urban area where a degree of mutual overlooking and overshadowing already occurs. 10.12. The proposed development relates to a range of flatted dwelllings to provide choice and meet the diverse needs of the local community. It is considered that the buildings have been designed and positioned within the site to minimise any significant adverse impact on any adjacent dwellings in terms of loss of light, overshadowing, overlooking or loss of privacy. Subsequently, following assessment it is considered that the design, location and scale of the proposed development is acceptable and the proposal raises no issues within the context of Policies 5 and DM1 of the adopted Local Development Plan. 10.13. 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. Prior to the submission of the planning application all of the existing trees were removed leaving a vacant site. However, the proposal includes a new landscaping scheme which will improve the biodiversity impact of the development, in accordance with the provisions of Policy 3 of NPF4. 10.14. Transport Policy 13 of NPF4 provides support for development proposals which have links to local facilities, are accessible via public transport, provide low emission vehicle charging points, provide cycle parking and take into account the transport needs of diverse groups whilst simultaneously reducing the dominance of the car. The location of the site and the design of the proposal support sustainable travel and generally address these infrastructure requirements, in accordance with the provisions of Policy 13 of NPF4. 10.15. Policy 15 of the adopted Local Development Plan seeks to ensure that development considers, and where it is appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of provision for walking, cycling and public transport. In this regard, the site is situated in close proximity to a wide range of facilities and services, is accessible by public transport and the development would be well integrated into existing walking and cycling networks. In addition, Roads, Transportation and Fleet Services fully assessed the application and consider that the proposal is acceptable in terms of access, parking and road safety issues. Subsequently, it is considered that the proposal accords with the provisions of Policy 15 of the adopted Local Development Plan. 10.16. In relation to the other matters raised which include alternative proposals for the redevelopment of the site, the Planning Service require to assess the application as submitted. With regards to the neighbour notification letters, whilst the points are noted, this process has been correctly undertaken by the Planning Service and it is considered any interested third parties have had full opportunity to submit comment. In relation to house valuations, this is not a material consideration in the determination of the planning application. In addition, in relation to the issue of construction noise it is noted that, similar to any construction site, the proposal is anticipated to result in some local disruption in the short term. However, the issue of construction noise can be addressed through the use of planning advisory notes. 100
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10.17. Conclusion In conclusion, the proposal relates to the creation of a high quality housing development on a vacant site which will provide affordable accommodation for the social rented sector. The design, layout and general impact of the development is considered to be acceptable and the proposal raises no significant environmental or infrastructure issues. Overall, it is considered that the proposal complies with the provisions of the relevant policies within the National Planning Framework 4 and the South Lanarkshire Local Development Plan. It is therefore recommended that the application be granted subject to the conditions listed. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions:- 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That no development shall commence on site until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Sustainable Drainage Design Criteria and shall include signed appendices as required. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on-site and off-site flooding. 04. For the avoidance of doubt the approved bin storage shall not be constructed of timber and prior to the completion of the development further details of the proposed design, location and materials of the bin storage units shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To maintain the visual quality of the area. 101
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05. Prior to the commencement of any works on site, a detailed remediation strategy shall be submitted to and approved in writing by the Council as Planning Authority. For the avoidance of doubt, no works other than investigative works shall be carried out on site prior to the Council's written approval of the remediation plan. The investigation and remediation plan shall be completed in accordance with the following:- - Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995). - Land Contamination Risk Management Guidance (LCRM)- issued by DEFRA and the Environment Agency. - The latest edition of BS 10175- British Standards institution 'The Investigation of Potentially Contaminated Sites - Code of Practice.' (a) The remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority. (b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels. (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority, within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site-specific risk assessment of any associated pollutant linkages, shall be submitted to and approved in writing by the Council as Planning Authority. Reason: Following the Phase 1 and Phase 2 site investigations the conceptual site model and related risk assessment of all relevant pollutant linkages have identified unacceptable risks. 06. That the development is for the use by a registered social landlord and shall not be used for private rent or sale, unless otherwise agreed in writing with the Council as Planning Authority. Reason: The submitted proposal has been assessed on the basis of this tenure. 07. That prior to the occupation of the development, the landscaping scheme as shown on the approved plans shall be completed to the satisfaction of the Council as Planning Authority. Reason: In the interests of biodiversity and visual amenity of the area. 08. That before development starts, full details of the design and location of all fences and walls, including any retaining walls to be erected on the site shall be submitted to and approved 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. 102
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09. That prior to the occupation of the development, the walls and fences approved under the terms of the above condition shall be erected. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 10. That no development shall commence until a Construction Phase Traffic Management Plan (CPTMP) has been submitted to and approved in writing by 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 CPTMP:- - The proposed delivery route for HGV traffic and construction vehicles. - The wheel washing facilities to provide detritus being deposited on the public road. - The arrangement of construction compound(s) and contractor/staff car parking on site to ensure that no vehicles are parked on the public road. - The location and layout of the delivery area and turning area within the site to ensure that all construction delivery vehicles can enter and exit the site in a forward gear. - Prior to agreement with the Council as Roads Authority, an identification of the construction traffic route for which the required road dilapidation survey will be undertaken. Reason: In the interests of road safety. 11. That before the development hereby approved is brought into use, the entire access road (including a dropped kerb access) and footpath network serving the development shall be completed and available for use. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the development. 12. That works relating to the removal of the existing boundary wall will require the installation of a new heel kerb and any works on the footway will require resurfacing over the full width of the footway. Reason: To ensure the footway is reinstated to the correct standard. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2, 3, 9, 13, 14, 15 and 16 of the National Planning Framework 4 and raises no issues within the context of Policies 1, 2, 3, 5, 15 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 103
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Background Papers Further information relating to the application can be found online:- P/24/1423 | Erection of two 3-storey blocks of flats (24 units) with associated parking, landscaping and associated services. | Land At Backmuir Road Hamilton ML3 0PX 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 104
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Report Agenda Item Report to: Planning Committee Date of Meeting: 4 March 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1465 Proposal: Erection of single storey dwellinghouse with attic space, associated garage/studio space and formation of new driveway Site Address: Land 82M Northwest of 148 Lanark Road Lanark Road Crossford Applicant: Mr Scott and Mrs Neal Agent: Thomas Robinson Architects Ward: 01 Clydesdale West Application Type: Full Planning Permission Advert Date: Lanark Gazette – 18th December 2024 Development Plan Compliance: No Departures: No Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 11 107
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1. Reason for Report 1.1. This application is required to be determined by the Planning Committee as the Head of Planning and Regulatory Services, in consultation with the Chair of Planning Committee, has determined it raises policy issues meriting consideration by the Planning Committee. 2. Site Description 2.1. The application site is located on the A72, Lanark Road situated between Crossford and Hazelbank. The site is 60m in depth, at its deepest on the southeast boundary and 38m on the northwest boundary and 43m wide. The site rises towards the southwest where it meets a wooded area. 2.2. To the northwest is a former school building, previously a restaurant and now converted to dwellings known as, ‘The Old School & Davingillbank’. To the southeast lies Underwood Cottage, beyond which is the former Underbank Primary School site and Silverbirch Garden Centre. 2.3. The site is designated as being within the rural area. 3. Description of Proposed Development 3.1. The application seeks detailed planning permission for the erection of a single storey dwellinghouse, with attic accommodation, a detached garage and studio. A new access point is proposed with a sweeping drive. The proposed house would be set back from the road, with the garage running along the northwest boundary. A ground mounted solar array is proposed to the front of the site. 3.2. The dwellinghouse proposed relates to a single storey dwelling, accommodating an open plan kitchen living dining area, 2 bedrooms on the ground floor and a further 2 bedrooms and studio on the upper floor. Box dormers on either roof plane are proposed, materials include a slate roof, stone and timber cladding. The boundary treatment consists of a beech hedge along the frontage and a low stone wall as a feature of the access point. 4. Relevant Planning History 4.1. An earlier application was received, in April 2024, by the same applicant and agent. Advice was provided to the applicant that the application was unlikely to be supported and they sought to withdraw prior to the application being validated (ref P/24/0418). 5. Supporting Information 5.1. The application includes a supporting statement and a drainage statement. 6. Consultations 6.1. Environmental Services - No objections to the proposal Response: Noted. 6.2. Roads Development Management Team - No objections subject to conditions. Response: Noted. 6.3. Scottish Water - There is a public water connection available, however, there is no infrastructure for a public foul drainage connection Response: Noted, the drainage statement has considered a septic tank arrangement for the development. 108
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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 sets out spatial principles, regional priorities, national developments, and national planning policy. The relevant policies are:- National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 5 - Soils Policy 9 - Brownfield, vacant and derelict land and empty buildings Policy 16 - Quality homes Policy 17 - Rural homes 8.3. South Lanarkshire Local Development Plan 2 For the purposes of determining planning applications the Council will, therefore, assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Development SLLDP2 Volume 2 Policies Policy GBRA1 - Rural Design and Development Policies GBRA 4 - 10 Policy NHE16 - Landscape Policy DM1 - New Development Design Policy NHE10 - Prime Agricultural Land South Lanarkshire Council (SLC) Supporting Planning Guidance Electric Vehicle Charging Points – August 2022 9. Guidance 9.1. Nature Scot - Developing with Nature guidance. 10. Assessment and Discussion 10.1. Principle of Development The site is located in the rural area, outwith the settlement boundary of Crossford. 109
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10.2. A supporting statement submitted by the applicant sets out that the proposal would improve the visual amenity of the area and provide continuity of development in the area. It notes there is a site adjacent which previously sought consent and has applied to renew their permission. The application to renew has since been withdrawn. The statement further sets out policies which the proposal complies with. 10.3. NPF4 Policy 17 Rural Housing is a relevant policy as the site is located in the rural area. This policy is not covered in the supporting statement. Policy 17 sets out in part (a) eight situations numbered (i to viii) where a dwellinghouse could be considered in the rural area. 10.4. SLLDP2 Policy 4 details that for the Green Belt and Rural Area, proposals that do not need to be located in the countryside (in this case defined rural area) shall be expected to be within settlements. There is no detailed need for this proposal to be sited in the rural area. 10.5. Policy 4 does, however, hold exceptions and directs the reader to seven situations set out in Policies GBRA4 to 10 (inclusive) where residential proposals could be considered in the rural area. The exceptions in the SLLDP2 policies for the most part are similar to that in NPF4. 10.6. SLLDP2 Policy GRBA4 – Conversion and Re-Use of Buildings, Policy GBRA5 – Redevelopment of previously developed land containing buildings and GRBA6 Replacement Dwelling are similar to circumstances permitted within NPF4 Policy 17 - namely (ii-brownfield), (iii-reuse of building), (iv – historic asset), (vii – retirement farm home) and (viii – replacement/reinstatement), respectively. 10.7. All the aforementioned policies require an existing building or previous development land on site. This site is a green field site, a review of historic mapping back to late 1800’s demonstrates no previous uses. The site has no characteristics of brownfield land and there are no buildings on site. The site would not meet any of the terms of the aforementioned policies in SLLDP2 or criterion of Policy 17 NPF4. 10.8. SLLDP2 Policy GBRA 10 permits accommodation associated with a rural business, again similar to point v – dwelling to support rural business/croft permitted by NPF4 Policy 17. Policy 17 also explicitly supports retirement succession homes for a farm holding (point vi). There is no rural business/farm or croft to sustain or succeed on this site. 10.9. SLLDP2 GBRA7 permits a small-scale settlement extension in the rural area, this site is not adjacent to the settlement boundary (the boundary of Crossford is 380m away) so GBRA7 is not relevant to this proposal. GBRA8 – Development of a Gap Site permits a site where the site is bound on two sides by a dwellinghouse and where the proposed plot is in keeping with the curtilage and frontage of the existing group. 10.10. The proposed application site is not bound on two sides by dwellinghouses, therefore this policy is not relevant to this site. SLLDP2 GBRA 9 Consolidation of a Building Group permits a rounding off of a group of houses defined to be three or more. The application site is not within a housing group, as such, this policy is not relevant to this site. The proposal does not meet any of the GBRA policies and is considered contrary to SLLDP2 Policy 4. 10.11. The site is not allocated for housing in the LDP (point (i) of Policy 17). And as per the above assessment, the proposal does not meet any of the other situations set out in part (a) Policy 17. It is therefore contrary to NPF4 Policy 17. 110
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10.12. NPF4 Policy 16 Quality Homes details that homes not allocated for housing shall only be supported in limited circumstances, set out in part (f). The proposal is not considered to be consistent with the rural homes policy nor is it within a settlement boundary. The proposal is contrary to the terms of Policy 16. 10.13. NPF4 Policy 9 Brownfield Land, vacant land and empty buildings details that development on greenfield sites, which this site is deemed to be, shall not be supported unless the site has been allocated or explicitly supported by local development plan policies. The site is not allocated nor is the proposal explicitly supported by local development plan policies. The proposal is contrary to the terms of Policy 9. 10.14. It is concluded that the proposal is contrary to SLLDP2 Policy 4 and NPF4 Policies 17, 9 and 16 and the principle of residential use here does not meet the terms of the development plan. Nor do any of the reasons set out in the applicants’ statement carry sufficient weight to override this non-compliance with the development plan. 10.15. Climate Change NPF4 Policy 1 requires that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. SLLDP2 Climate Change carries similar aims. 10.16. The proposal has included ground mounted solar panels. If the proposal had otherwise been found acceptable in principle other aspects of the climate change policies could be met or dealt with by revision or condition. 10.17. Layout, Siting and Design Notwithstanding that the principle of development is not supported at this location, the proposal is also required to meet the design policies. Policy DM1 requests that proposals respect the local context and are appropriate to the local character. Policy GBRA1 adds further scrutiny to ensure suburban style development is not introduced to the rural area and residential development is not sporadic. NPF4 Policy 14 seeks that attention is paid to the detail of local architectural styles and these are interpreted to reinforce identity in the surrounding area. 10.18. The application site has remained undeveloped throughout history and has separated the original schoolhouse location from the later location and then modern school, on the opposite of the road. To approve a dwelling on this site would change the development pattern of this area and it is not considered it would provide continuity, instead it is considered that the proposal would set an undesirable precedent and development pressure on remaining open land adjacent to the site. 10.19. It is considered the application site would detract from the local context as the position of the dwelling in the site (over 20m from the road) itself does not reflect the immediate context. If the proposal was found to be acceptable in principle further revisions to the design itself would have been required to present a dwelling which respects local form, detail or materials. 10.20. Other Issues The site appears to be unmanaged grass or scrub field, which sits adjacent to Devongill Wood, designated as a long-established woodland i.e. used as woodland since 1800’s and is in proximity to the River Clyde. The site is located in the Special 111
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Landscape Area - Middle Clyde Valley and in the landscape character area of Incised River Valley and is in a highly visible location on the A72. 10.21. SLLDP2 Policy 14 Natural and Historic Environment directs the reader to Policy NHE16 Landscape, which advises proposals in special landscape areas shall only be permitted if they accord with SLLDP2 and guidance on the Green Belt and Rural Area. The proposal does not accord with SLLDP2 or Green Belt and Rural Area guidance. Additionally, the loss of natural features to be replaced by incremental residential development in a prominent position would run counter to the landscape advice. The proposal is contrary to SLLDP2 Policy 14 and Policy NHE16. 10.22. NPF4 Policy 3 Biodiversity under part (c) requires local applications, such as this, to include biodiversity measures to conserve, restore and enhance which are proportionate to the nature and scale of the proposal. No biodiversity measures have been identified. Although at this scale, if other matters are resolved, biodiversity measures could be conditioned. There is a concern over the extent of natural area the proposed plot would accommodate which does not sit with the aim to conserve biodiversity by using avoidance as a first principle. The strategy maps also identify the land as prime agricultural land. The land classification maps show the land as Class 3.2 which Policy NHE10 defines as locally important. Whilst it does not appear the land is in agricultural use; this land is considered highly flexible for other uses including woodland. To approve and utilise land of this quality for residential purpose which has remained undeveloped would run counter to SLLDP2 Policy NHE10 and Policy 5 Soils seeking to protect high quality soils. 10.23. Technical Matters NPF4 Policy 22 Flood risk and water management details that proposals shall not increase risk of surface water to others or themselves. Additionally, all rain and surface water be managed through SUDS and form part of proposed/existing blue/green infrastructure and area of impermeable surface to be minimised. SDCC3 Sustainable Drainage Systems advises SUDS is required on all developments with the exception of single dwellings. The site is not at risk from river or surface water flooding, albeit land adjacent on the opposite site of the A72 is at risk. A drainage statement and layout has been provided setting out that surface water would be dealt with by infiltration trenches, however, percolation rates of the soil or a design has not been provided. However, for this scale of development provision of a soakaway or similar would be regulated by Building Regulations. Further consideration would be required to show compliance with Policy 22. 10.24. SLLDP2 Policy DM16 Water Supply and Policy DM16 Foul Drainage seeks to ensure appropriate water supply and foul drainage arrangements. The application form details connections will be made to the existing public water system and a private foul system would be used. A layout of the foul system has been provided, if otherwise acceptable, this would be controlled by condition. Therefore, the proposal meets the terms of Policy DM15 and DM16. 10.25. Conclusion In summary, the proposal is sited outwith the settlement boundary of Crossford in the rural area. Whilst there are other dwellings in proximity but not directly adjacent, the proposal would not meet the terms of the gap site policy in SLLDP2 and would set an undesirable precent. Furthermore, proposals require to meet NPF4 and SLLDP2, particularly in relation to the aim to facilitate sustainable rural homes in the right location. 112
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10.26. The proposal does not meet the rural housing polices of SLLDP2 or NPF4. There are no material considerations which would outweigh this conflict with the development plan. It is recommended that the application is refused planning permission. 11. Recommendation and Reasons 11.1. The Committee is asked to agree the following recommendation:- Refuse for the following reasons:- 01. The proposal would be contrary to Policy 4 - Green Belt and the Rural Area of South Lanarkshire Local Development Plan 2 as the dwelling is not required to be located in the countryside and the proposal does not meet any of the exceptions set out in Policies GBRA 4-10 inclusive. 02. The proposal would be contrary to Policy 14 Natural and Historic Environment and Policy NHE16 Landscape of South Lanarkshire Local Development Plan 2 as it would result in further incremental residential development which is not supported by the LDP in the Special Landscape Area and does not accord with Green Belt and Rural Area Guidance. 03. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4 as new homes in rural areas are not supported in unsuitable locations. The proposed location for the new dwelling does not meet any of the criteria to be considered suitable and, as such, cannot be supported. 04. The proposal would be contrary to Policy 16 - Quality Homes of National Planning Framework 4 as it does not constitute the delivery of high-quality homes in the right locations as set out in the policy criteria. David Booth Executive Director (Community and Enterprise Resources) Date: 24 February 2025 Background Papers Further information relating to the application can be found online:- P/24/1465 | Erection of single storey dwellinghouse with attic space associated garage/studio-space and formation of new driveway. | Land 82M Northwest Of 148 Lanark Road Lanark Road Crossford Carluke South Lanarkshire Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 113
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