Agenda Document Pack - Planning Committee - 01/04/2025
South Lanarkshire Council · 1 April 2025
Back to Planning Committee — 1 April 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Council Offices, Almada Street Hamilton, ML3 0AA Monday, 24 March 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, 01 April 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, Julia Marrs, Ian McAllan, Kenny McCreary, Bert Thomson 1
Page 2
BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of meeting of the Planning Committee held on 4 March 2025 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 South Lanarkshire Development Plan Scheme and Participation Statement 2025/2026 Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 32 4 Application P/23/0770 for Proposed Residential Development and Associated Infrastructure at Land 50 Metres South Southwest of 48 Toftcombs Crescent, Toftcombs Crescent, Stonehouse Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 33 - 42 5 Application P/24/0533 for Change of Use of Open Space to Accommodate Expansion of Petrol Filling Station Including 2 Electric Vehicle Charging Bays, 2 Jet Wash Bays, Laundry Unit, Boundary Fencing and Extension to Retail Unit at Earnock Service Station, 105 Wellhall Road, Hamilton Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 43 - 50 6 Application P/24/0990 for Erection of Free-Range Poultry Unit and Feed Silos with New Access, Parking and Associated Works at Land 360 Metres West Southwest of Station Cottage, Darvel Road, Drumclog, Strathaven Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 51 - 60 7 Application P/24/1069 for Formation of Fishing Ponds and Associated Facilities (Section 42 Application to Vary the Terms of Condition 21 of 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 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 61 - 74 8 Application P/24/1085 for Extension to Existing Quarry to Extract Sand and Gravel Using Existing Access, with Associated Progressive Restoration at Ryeflatt Quarry, Carnwath, Lanark Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 75 - 88 9 Application P/24/1360 for Erection of 1.5 Storey House with Attached Garage at Land 20 Metres West Northwest of 51 Colinhill Road, Colinhill Road, Strathaven Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 89 - 96 2
Page 3
10 Application P/24/1382 for Erection of 2 Houses with Associated Car Parking and Landscaping at Flattmoss Farm, A726 From East Kilbride to Chapelton, East Kilbride Report dated 24 March 2025 by the Executive Director (Community and Enterprise Resources). (Copy attached) 97 - 104 Urgent Business 11 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
Page 4
4
Page 5
PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 4 March 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 Celine Handibode, Councillor Graeme Horne, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Joe Fagan (ex officio), Councillor Alistair Fulton, Councillor Cal Johnston-Dempsey, Councillor Ross Lambie, Councillor Martin Lennon, Councillor David Shearer Attending: Community and Enterprise Resources F Carlin, Head of Planning and Regulatory Services; B Darroch, Planning Area Manager (East Team); F Jack, Team Leader, Development Management Team, Roads, Transportation and Fleet Services; D Russell, Planning Area Manager (West Team) Finance and Corporate Resources S Jessup, Administration Assistant; S McLeod, Administration Officer 1 Declaration of Interests Councillor(s) McLachlan and Cowie Item(s) 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 Nature of Interest(s) Chair and Depute Chair, respectively, of the Housing and Technical Resources Committee – proposed properties would be purchased by South Lanarkshire Council if approved McLachlan and Cowie 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 Chair and Depute Chair, respectively of the Housing and Technical Resources Committee – proposed properties would be purchased by South Lanarkshire Council if approved 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 4 February 2025 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 2 5
Page 6
3 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 A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0260 by Shawfield Regeneration Limited for a mixed use development including residential, hotel and commercial uses, demolition and ancillary works (planning permission in principle) at Shawfield Stadium, Rutherglen Road, Rutherglen. In accordance with regulations associated with national developments, the applicant and all representees in respect of the application had been offered the opportunity of a pre- determination hearing, however, none of the parties had accepted this offer and, therefore, a pre-determination hearing had not been required. The application had been assessed against the relevant policies and criteria contained in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2) and National Planning Framework 4. Details of the assessment were provided in the report. The development constituted Development Contrary to the Development Plan as the proposals did not fully comply with SLLDP2, however, it was not considered that the proposal was significantly contrary to the Development Plan. In the view of the Executive Director (Community and Enterprise Resources), a departure from the Development Plan was justified in this case for the following reasons:- the proposals would allow the provision of a mixed use development, to include residential development, on a brownfield site within the urban area the proposals would allow a vacant, redundant site to be redeveloped to an appropriate use the proposals could be developed in a manner that would not adversely impact on the amenity of existing or future residents of the area the proposals fully complied with the provisions of National Planning Framework 4 (2023), with particular regard to sustainability and brownfield land considerations the proposals complied 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) At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning applications which required completion of a Legal Agreement. If approved, the application would be subject to a Legal Agreement and/or other appropriate mechanism and the approved procedure would apply. There followed a discussion on the application during which an officer responded to a member’s questions on aspects of the report. The Committee decided: that planning application P/24/0260 by Shawfield Regeneration Limited for a mixed use development including residential, hotel and commercial uses, demolition and ancillary works (planning permission in principle) at Shawfield Stadium, Rutherglen Road, Rutherglen be granted subject to:- the conditions specified in the Executive Director’s report the conclusion of a Section 75 Agreement between the Council, site owner(s) and the applicant [Reference: Minutes of 7 July 2015 (Paragraph 15)] 6
Page 7
4 Application P/24/0332 for Erection of House with Associated Landscaping and Access Arrangements at New Steadings Farm, Green Towers Road, Lanark A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/0332 by Mr D Lowry for the erection of a house with associated landscaping and access arrangements at New Steadings Farm, Green Towers Road, Lanark. The Committee decided: that planning application P/24/0332 by Mr D Lowry for the erection of a house with associated landscaping and access arrangements at New Steadings Farm, Green Towers Road, Lanark be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1069 by Onyx Leisure Limited for the 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. At its meeting on 22 September 2020, the Committee approved planning application P/19/1807 to vary condition 25 of planning consent CL/12/0511 for the formation of fishing ponds and associated facilities at Woodend Farm, B7016 from Forth, A706 to Carnwath A70, Carnwath, Lanark. Condition 21 attached to planning consent P/19/1807 stated that “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.” The applicant had now requested that condition 21 be varied to state that “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.” The varied condition, as detailed in the report, was listed as condition 09 due to re-ordering as some of the conditions attached to planning consent P/19/1807 had been discharged. There followed a discussion on the application during which an officer responded to a member’s questions on aspects of the report. The Committee decided: that planning application P/24/1069 by Onyx Leisure Limited for the 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 be deferred to a future meeting of the Committee to allow for further information to be provided in relation to access to the application site and the storage of materials to the southeast of the existing access track. 7
Page 8
[Reference: Minutes of 22 September 2020 (Paragraph 7)] 6 Application P/24/1185 for Erection of Single-Storey House and Relocation of Existing Stables at Knowehead Farm, Blackburnmill Highway, Strathaven A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1185 by Mr Bavaird for the erection of a single-storey house and relocation of the existing stables at Knowehead Farm, Blackburnmill Highway, Strathaven. There followed a discussion on the application during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that planning application P/24/1185 by Mr Bavaird for the erection of a single-storey house and relocation of the existing stables at Knowehead Farm, Blackburnmill Highway, Strathaven be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1282 by Clean Earth Energy Limited for a Section 42 application to vary condition 18 of planning consent P/21/1100 to amend the position of the substation associated with the wind turbine at land at West Dykes, Muirkirk Road, Strathaven. At its meeting on 25 August 2020, the Committee refused planning application P/19/1829 for the erection of a wind turbine, up to a maximum blade tip height of 150 metres, with associated infrastructure including crane pad, access track and electrical housing at West Dykes Farm, C133 Waterhead Peelhill and Linbank Highway, Strathaven, however, planning permission had subsequently been granted following an appeal to the Scottish Government. Furthermore, planning application P/21/1100 had been granted on 22 October 2021, in terms of the Council’s Scheme of Delegation, to vary condition 1 of planning consent P/19/1829 to extend the time period of the development and allow micrositing of the turbine. The applicant had now requested that condition 18 of planning consent P/21/1100 be varied to change the location of the substation associated with the turbine and, consequently, to amend the drawing referenced in condition 18 to CE5439-LP-02-1-5000. The Committee decided: that planning application P/24/1282 by Clean Earth Energy Limited for a Section 42 application to vary condition 18 of planning consent P/21/1100 to amend the position of the substation associated with the wind turbine at land at West Dykes, Muirkirk Road, Strathaven be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 25 August 2020 (Paragraph 7)] 8
Page 9
8 Application P/24/1373 for Erection of House at Newark Farm, Land 135 Metres Northwest of Newark Mill, Whitecraigs Highway, Glassford, Strathaven A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1373 by Mr T Miller for the erection of a house at Newark Farm, land 135 metres northwest of Newark Mill, Whitecraigs Highway, Glassford, Strathaven. The Committee decided: that planning application P/24/1373 by Mr T Miller for the erection of a house at Newark Farm, land 135 metres northwest of Newark Mill, Whitecraigs Highway, Glassford, Strathaven be refused for the reasons detailed in the Executive Director’s report. 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 A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1421 by JR Group Limited for the 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. The Committee decided: that planning application P/24/1421 by JR Group Limited for the 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 be granted subject to the conditions specified in the Executive Director’s report. Councillors Cowie and McLachlan, having declared an interest in this item, withdrew from the meeting during its consideration 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 A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1423 by JR Group Limited for the erection of 2 3-storey blocks of flats (24 units) with associated parking, landscaping and associated services at land at Backmuir Road, Hamilton. The Committee decided: that planning application P/24/1423 by JR Group Limited for the erection of 2 3-storey blocks of flats (24 units) with associated parking, landscaping and associated services at land at Backmuir Road, Hamilton be granted subject to the conditions specified in the Executive Director’s report. Councillors Cowie and McLachlan, having declared an interest in this item, withdrew from the meeting during its consideration 9
Page 10
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 A report dated 24 February 2025 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/24/1465 by Mr Scott and Mrs Neal for the erection of a 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. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. The Committee decided: that planning application P/24/1465 by Mr Scott and Mrs Neal for the erection of a 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 be refused for the reasons detailed in the Executive Director’s report. 12 Urgent Business There were no items of urgent business. 10
Page 11
Report Agenda Item Checked Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Subject South Lanarkshire Development Plan Scheme and Participation Statement 2025-2026 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] update Members on the progress that is being made in the preparation of South Lanarkshire Local Development Plan 3 seek approval for the South Lanarkshire Development Plan Scheme and Participation Statement 2025-2026, attached as appendix 1 of the report 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- (1) that the current position on the preparation of South Lanarkshire Local Development Plan 3 be noted; and (2) that the South Lanarkshire Development Plan Scheme and Participation Statement 2025-2026, attached as Appendix 1 of the report, be approved. 3. Development Plan Scheme 2025-2026 3.1. The Council has a statutory duty to prepare a Development Plan Scheme (DPS) which sets the timetable for the preparation of the Local Development Plan. 3.2. This document is produced annually and made available to the public. It includes:- an explanation of what the Local Development Plan is a timetable for the preparation of the next Local Development Plan (LDP3) a Participation Statement which describes how the Council will carry out community engagement, and how and when relevant stakeholders, including residents can get involved 4. South Lanarkshire Local Development Plan 3 (LDP3) 4.1. The Council has a statutory duty to prepare a Local Development Plan for all parts of its area. The next local Development Plan (LDP3) will be the first to be prepared under the new planning system. Along with National Planning Framework 4 (NPF4) it will form the statutory development plan for South Lanarkshire. In line with the updated national legislation and guidance it will be place-based, people-centred and deliver- focussed, and presented as a series of maps, site briefs and masterplans for individual sites and localities. 3 11
Page 12
4.2. It is expected that a collaborative approach will be used in the preparation of LDP3 so that the delivery of the Council’s relevant strategies and plans, as well of those of its partners and other stakeholders, are embedded in the plan. The LDP is required to take account of the Council’s Community Plan. 4.3. Key agencies will be engaged in the preparation of the plan including NatureScot, SEPA, Scottish Water, Scottish Enterprise, NHS Lanarkshire and the Regional Transport Partnership. There will also be engagement with a prescribed range of groups including children and young people, disabled persons, Gypsies and Travellers and community councils, as well as other targeted groups. The Participation Statement in the Development Plan Scheme (DPS) has been developed to reflect these requirements and demonstrate the work to be undertaken in the next 12 months. 4.4. Drafting of the Evidence Report The first stage of the process involves the preparation of an Evidence Report which is to be used to inform the development of the Council’s land use strategy and identify what LDP3 should consider and address. Work on the Evidence Report is progressing with data and evidence being collated from a range of national, regional and local sources to support this process including Public Health Scotland, Glasgow City Region and the Local Government Improvement Service as well as internal Council Services. 4.5. Engagement The Evidence Report is also to be informed by the views of those affected by the plan and involved in its delivery and, therefore, extensive engagement is being carried out with key agencies, stakeholders, interest groups and local communities to ensure evidence gathering is collaborative and transparent. 4.6. The first stage of engagement involved an online survey which ran from 1 May to 30 September 2024 and asked a series of questions designed to draw out people’s views of their places and what they considered were the key issues for their area. A link to the survey was promoted to all community councils and groups, the Access Panel, Citizen’s Panel, and Third Sector Organisations (TSOs). Awareness of the survey was raised through a variety of communication channels including social media platforms Facebook and X/Twitter, a video hosted on YouTube, articles posted in South Lanarkshire View, posters/leaflets on noticeboards, the Council’s LDP and VASLAN’s mailing lists, and in-person at a range of interest group/locality events. 978 responses were received on the survey offering a wealth of knowledge on what’s important to people in their places. 4.7. At the same time, direct engagement began by holding in-person Place Workshops focussing first on a range of age groups. This has included children and young people and parents/carers, as well as our older citizens through Seniors Together. Attention then turned to specific groups including disabled/neurodiverse people, Gypsy/Travellers, developers/landowners, Community Councils, tenants, and hard to reach/seldom heard voices. Currently, engagement is ongoing with community groups focussing on key issues specific to their localities. 4.8. Finally, topic papers are under preparation which will set out initial findings and analysis of the evidence that has been collected. Consultation will be carried out on the topic papers through engagement with key agencies, national bodies, and other relevant stakeholders. It is intended that the engagement phase of work will conclude at the end of March 2025 and will enable understanding of where evidence gaps exist 12
Page 13
and provide a robust baseline to demonstrate any unresolved issues prior to the Evidence Report submission. 4.9. A Call for Ideas will be carried out after approval of the Evidence Report when the public, landowners, developers and others can suggest potential sites, policy content or other issues which they feel the Proposed Plan should include or address. In advance of this, however, a ‘soft’ Call for Sites will be undertaken during 2025 to allow for early engagement. A Call for Sites proforma will also be published which will set out the range of information that must be submitted at the formal Call for Ideas to allow a robust site assessment to be carried out. 4.10. Gate Check Once approved by the full Council, the Evidence Report will be submitted to Scottish Ministers to carry out a Gate Check. This involves an assessment by a Reporter appointed by Scottish Ministers on whether sufficient information has been gathered to prepare the LDP and appropriate engagement has been carried out. On being notified that there is sufficient information, the Council can move to carry out the Call for Ideas and start to prepare the Proposed Plan. However, the Reporter may also recommend how to improve the Evidence Report for resubmission and further assessment. 5. South Lanarkshire Local Development Plan 2 (LDP2) Delivery Programme 5.1. The Council is required to prepare a Delivery Programme (introduced in the Planning (Scotland) Act 2019) which is to set out the list of actions required to deliver the policies and proposals contained in the current adopted South Lanarkshire Local Development Plan 2. It replaces the Action Programme required under earlier legislation. 5.2. Delivery Programmes are intended in the longer term to accompany the new style of LDP (ie LDP3). However, the Scottish Government expect the style of the new Delivery Programme to be applied to current adopted plans (LDP2 in the case of South Lanarkshire) and for this to be completed by 31 March 2025. LDP2 has not been prepared in a style which lends itself to be easily reported in the Delivery Programme format and associated work is being carried out to allow this. As a result, completion will not by achieved by this deadline, however, it will be reported to Members for approval later in the year. 6. Next Steps 6.1. The Development Plan Scheme has been updated to reflect progress being made in the preparation of Local Development Plan 3. Once approved it will be made available to the public through publication on the Council website. 6.2. Preparation of the Evidence Report is continuing and it will be presented to full Council for approval later in 2025 following which it will be submitted to Scottish Ministers for a Gate Check. In the meantime, the ‘soft’ call for sites described above will be carried out in mid 2025. 7. Employee Implications 7.1. The preparation of the Local Development Plan is likely to be more resource intensive than earlier versions based on the new procedures and guidance and additional topics that are required to be covered. 13
Page 14
8. Financial Implications 8.1. The costs of the preparation and production of the next Local Development Plan will be expected to be met from existing budgets. This includes the cost of the newly introduced Gate Check of the Council’s Evidence Report as well as the Examination of the Proposed Plan. 9. Climate Change, Sustainability and Environmental Implications 9.1. The themes of tackling the climate and nature crises, climate mitigation and adaptation and support for sustainable developments through the application of principles of local living and 20-minute neighbourhoods will be central to the spatial strategy of LDP3. 10. Other Implications 10.1. The preparation of the Local Development Plan is a statutory requirement for the Council. Failure to have up to date versions carries a reputational risk and the possibility of not attracting investment into the Council area. 11. Integrated Impact Assessment and Consultation Arrangements 11.1. LDP3 will be subject to the statutory Integrated Impact Assessment process as work progresses on its preparation. 11.2. Extensive engagement and consultation by the Council has been carried out as set out in the Development Plan Scheme at appendix 1. The outcome of this will be reported in the Evidence Report which will be presented to full Council for approval in due course. David Booth Executive Director (Community and Enterprise Resources) 24 March 2025 Link(s) to Council Values/Priorities/Outcomes Good quality, suitable and sustainable places to live Previous References Report to Planning Committee - 28 May 2024 – Development Plan Scheme and Review of Local Development Plan List of Background Papers Planning (Scotland) Act 2019 Town and Country Planning (Development Planning) (Scotland) Regulations 2023 Scottish Government Local Development planning guidance published May 2023 Contact for Further Information If you would like to inspect the background papers or want further information, please contact: Tony Finn, Planning and Building Standards Manager (Headquarters) Ext: 5105 (Tel: 01698 455105) E-mail: tony.finn@southlanarkshire.gov.uk 14
Page 15
Development Plan Scheme and Participation Statement 2025-26 (March 2025) If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone 0303 123 1015 or email equalities@southlanarkshire.gov.uk 3 15
Page 16
CONTENTS 1. What is the Development Plan Scheme? 2. The current Development Plan for SLC – National Planning Framework 4 (NPF4) and Local Development Plan 2 (LDP2) 3. Local Development Plan 3 (LDP3) 4. LDP3 Timetable 5. Key Stages and Actions 6. Participation Statement 7. Mediation Annex 1 NPF4 and Council Plans/Strategies Links Annex 2 Matters to be addressed in the LDP3 Evidence Report Annex 3 Additional Assessments Annex 4 Engagement Strategy 16
Page 17
1. What is the Development Plan Scheme? A Development Plan Scheme (DPS) is prepared and updated by South Lanarkshire Council (the council) every year. For 2025, the DPS provides further detail on the engagement strategy and evidence gathering in preparation of the next Local Development Plan. This work will inform how our places look in the future, where new houses and places of work will be built, how services and facilities such as schools and travel will be provided and identify the places and buildings to be protected. DPS 2025-26 includes the projected timetable for delivery of the different stages of the plan making process, as well as the Participation Statement which explains how and when stakeholders including local communities and key agencies will be involved. 2. The Current Development Plan for SLC – National Planning Framework 4 (NPF4) And Local Development Plan 2 (LDP2) Development plans are important as they define how we use our land and what areas requires greater protection. They also provide policy which guides decisions on applications for planning permission. The statutory Development Plan is made up of the council’s Local Development Plan (LDP) and the National Planning Framework (NPF), which contains the Scottish Government's policies and proposals for the development and use of land, as shown in Figure 1 below. The current National Planning Framework is National Planning Framework 4 (NPF4), which was published and adopted by the Scottish Government on 13 February 2023. It sets out 33 national planning policies which represent the Scottish Government’s long term spatial strategy for Scotland. These policies are used to assess planning applications and provide the direction for what the council’s Local Development Plan should include. The table in Annex 1 shows how these policies link to other national and the council’s own strategies and policies. The current Local Development Plan is South Lanarkshire Local Development Plan 2 (LDP2), which was adopted in April 2021 and represents the council’s spatial policy for its area. It includes sites that are allocated for development as well as detailed policies on matters such as climate change, the green belt and rural area, housing, town centres and transport. It is accompanied by other documents including Supporting Planning Guidance covering Developer Contributions, Renewable Energy, and Development at a Dwellinghouse. 17
Page 18
Figure 1: Development Plan and associated plans Statutory Non-Statutory National Planning Framework Regional Spatial Strategy The Scottish Government's policies and proposals for the development and use of land. A planning authority, or authorities long-term spatial strategy for the strategic development of an area. Not part of the statutory development plan but have an important role informing future versions of the NPF and LDPs. Local Development Plan Local Place Plans Councils must prepare one or more LDP for their area, showing how local places will evolve in the future, including where development should and should not happen. It must take into account the NPF any registered Local Place Plans (LPPs) for the area the LDP covers. It should also have regard to any RSS and the Community Plan for the area it covers. Community-led plans prepared by community bodies setting out proposals for the development and use of land in their local area. Must have regard to the NPF, any LDP which covers the same area, and also any neighbourhood plan which covers the same area. Not part of the statutory development plan but have an important role to play in informing LDPs. 18
Page 19
3. Local Development Plan 3 (LDP3) The council formally agreed the preparation of the next Local Development Plan (to be known as LDP3) in summer 2023. The preparation of an Evidence Report is now well underway, which will include qualitative and quantitative information and data as well as the ‘lived experience’ of those in the council area. This will capture the aims and ambitions of the council and its partners, stakeholders and communities. Annex 2 provides further details. There are some other key assessments that need to be developed alongside the LDP, which help to inform decisions and ensure that the plan meets other legislative requirements. A list of these is provided in Annex 3. Once complete the Evidence Report is submitted to Scottish Ministers for a Gate Check. This is to allow an assessment by an independent Reporter of whether the evidence is sufficient to allow preparation of the Local Development Plan. It will also check that that sufficient engagement and consultation have been carried out. As soon as a decision is issued that the Evidence Report is sufficient, work will start on the Proposed Plan. This will be map based with site briefs and masterplans to detail how sites will be developed. Sites must be deliverable and free from constraints, and information will be sought from developers, key agencies and any other relevant parties to evidence this. Undeveloped sites in LDP2 will be looked at again and may be removed if they are no longer deliverable or viable or accord with the policy direction in NPF4. A Call for Ideas will be carried out early on in this stage of plan preparation so that proposals for any part of the plan can be submitted, including policy or suggestions for development sites. Although there is currently no Regional Spatial Strategy (RSS) covering South Lanarkshire, if one were in place, the LDP would be required to have regard to it. Regional Spatial Strategies will look at strategic development issues – in the case of South Lanarkshire across the Glasgow City Region. RSS are not part of the statutory development plan but have an important role informing future versions of the NPF and LDPs. Local Place Plans (LPP) are a new opportunity for communities to get involved in the planning system by setting out proposals for the development and use of land in their area. Once registered by the planning authority, they are required to be taken into account in the preparation of the next LDP, although they do not form part of the statutory development plan. Communities have been invited to prepare Local Place Plans and it is expected that the first LPPs will be registered in 2025. For further information please refer to Planning circular 1/2022: Local Place Plans. 19
Page 20
Once the Proposed LDP has been prepared there will be a formal consultation for a minimum period of 12 weeks. This will include neighbour notification for anyone who owns, or leases sites or neighbouring land affected. During this period anyone can make representations to the council either in support of the plan or if they wish to object. After the consultation period the proposed plan can be modified to take account of representations made to the council or consultation responses from key agencies. When modifications cannot be agreed then the representation is considered unresolved. When this happens, the proposed plan is submitted to Scottish Ministers for examination carried out by a reporter from the Department for Planning and Environmental Appeals. Once the Examination is complete the Reporter will prepare a report setting out their recommendations and any modifications they require to be made. The report will be submitted to the council along with anyone who has made unresolved representations. The council are to make the modifications except in limited circumstances. After this process has been carried out the plan can be formally adopted. 4. LDP3 Timetable (Development Plan Scheme updated annually) The time table for preparing LDP3 is set out in the diagram below. 20
Page 21
21
Page 22
5. KEY STAGES AND ACTIONS Key stages Actions EVIDENCE REPORT Evidence gathering Includes: Local Place Plan register, Self-build register, Urban Capacity Study, Green Belt Review, Settlement Boundary Review, Play Sufficiency Assessment, Retail Studies, Town Centre appraisals, Vacant and Derelict Land Survey, Housing Land Audit, Employment Land Audit, Conservation Area Appraisals Early engagement Engagement requires capturing hard to reach, young people, minority groups and place- based communities to ensure we capture the lived experience. Preparation of Evidence Report The evidence report will identify any gaps in the evidence required; our interpretation of the evidence gathered and the implications for the proposed plan; and a summary of any conflicting views on the evidence and lived experience. Approval of Full council required prior to submission for the Gate Check. Publish Approved Evidence Report and submit for Scottish Government Gate Check Submission of evidence report to Scottish Government who will appoint a Reporter to identify any unresolved issues and provide evidence base for developing strategy is robust. Gate Check approval Current average timescale to complete Gate Check is 3 months PROPOSED LDP3 Strategy development for Proposed LDP3 Development of key strategies to support development of LDP, including Open Space Strategy, Housing Needs and Demand Assessment and Employment Land review. Call for ideas and continuing engagement The call for ideas will be an invitation open to everyone to propose ideas for any aspect of the new local development plan including local policy/guidance and land allocations. 22
Page 23
Key stages Actions PROPOSED LDP3 cont. Development of LDP3 Policy and sites Development of Policies if required to supplement NPF4 policies or address new topics. Publish Proposed Plan and consult Proposed Plan presented to Full council for approval. One approved statutory consultation of minimum 12 weeks to allow any representations from stakeholders, including the public, which seek to make changes to the plan. This stage will include targeted engagement with key stakeholders and communities most affected by the proposals. Modification of the Proposed Local Development Plan Modifications carried out to proposed plan. The Regulations state that there is no requirement to invite comment on the Modification Report. However, this depends on whether new information has been submitted that challenges the evidence position in terms of strategy development. Approval of Full council required for any modifications. Examination Council submits Proposed LDP to Scottish Government for examination of any unresolved issues. DPEA issues Examination Report providing council with recommendations on how to resolve these issues. ADOPTED LDP3 Adoption and Publish LDP3 Modifications and any new material considerations incorporated into Proposed LDP and presented to council for adoption. Publish Delivery Programme and Post-Adoption monitoring Monitoring and delivery programme for LDP established and updated regularly to identify any modifications or requirements to ensure delivery. 6. PARTICIPATION STATEMENT To develop Local Development Plan (LDP3), we are asking for thoughts and ideas of how to create successful and enjoyable places within South Lanarkshire. The Participation Statement outlines the range of engagement which will be carried out and with whom. The aim is to engage with 23
Page 24
as many people as possible to collect the information needed to reflect the strengths and opportunities that can be built upon. If done well, LPD3 will embody everything learned from stakeholders and will provide local approaches to meet these identified needs. We would like to hear from you, and in your own words, about the things that matter to you. As part of this, we recognise you may have many different roles and interests. We believe that everyone has the right and the ability to get involved, and by doing so you will be making a valuable contribution to the improvement and wellbeing of your area. This is everybody’s plan, and it needs to embody your views and the diverse needs of communities within South Lanarkshire. To reflect these diverse needs, there will be some engagement targeted to specific communities. Initiatives to reach underrepresented groups are included in this. A more detailed Engagement Strategy is provided in Annex 4. The Participation Statement is a ‘living’ document that will be regularly updated to reflect good practice and changing circumstances. We will listen to feedback from experiences of engagement and will take steps to make improvements going forward. We hope the Participation Statement helps you to feel empowered, welcomed, and that your input and lived experience of South Lanarkshire is hugely valuable to us. What general principles will we follow? The approach to engagement on LDP3 will be shaped by the principles highlighted in the National Standards for Community Engagement. People with protected characteristics (including race, age, gender, sex, sexual orientation and disability) will not be discriminated against, and will be actively included in the engagement process. The contents of the draft Effective community engagement in local development planning guidance: consultation (May 2023) will be used to shape engagement activities with local communities. We will also incorporate the Planning and Building Standards Consultation Communication and Engagement Strategy 2021 into our engagement methods. Our inclusive approach We will encourage participation from as wide a range of stakeholders as possible throughout the LDP process. We want to make it as easy as possible for everyone with an interest to engage in its preparation. Information will be provided in accessible formats to meet the needs of our varied stakeholders. We can exchange and gather information using graphics and audio to remove the barrier for those with vision impairment or literacy and numeracy challenges. We understand that using technology won’t always be the best method for everyone, and in these cases we will use alternative methods. In addition to English, we can provide the document in additional language formats. Engagement with children and young people, older people, disabled people and Gypsy/Travellers is a statutory requirement. We will work with the council’s Education Service as well as organisations such as the Youth Panel, Seniors Together, the Access Panel, Lanarkshire Ethnic Minorities Action Group and Minority Ethnic Carers of People Project to develop appropriate methods to engage. We will develop a programme with Voluntary Action South Lanarkshire to facilitate engagement with the many local voluntary groups across the council’s area. 24
Page 25
How will we publicise engagement opportunities and provide feedback? We propose to use: Email and letter mailings Adverts in local newspapers and South Lanarkshire View Documents held at local libraries South Lanarkshire council website Social media Collaboration with Community Planning colleagues Posters and flyers Use existing representative organisations to reach a wider audience An emphasis on good communication We will identify the method of engagement by asking those we want to hear from. For large groups we may focus on the method that is most preferred. We will use the relationships that already exist within communities, in particular where there has already been extensive engagement to produce Neighbourhood Plans. We won’t over consult, and we may focus on topics or issues that people are most interested in. Where it would be advantageous to the stakeholder, we will facilitate other services to provide questionnaires and the Place Standard Tool on our behalf. We will participate in other consultations being carried out by the council and its partners. We will attend events within communities and work closely with colleagues in Community Planning who have already established strong links to communities. We will ensure that the format of communication is led by accessibility and ease of use. We want to involve communities who may be excluded from participating due to disadvantage relating to social or economic factors. Ways in which we will gather information and comments include: Using the Place Standard Tool, including a simplified version for children and young people. Holding Exhibitions and workshops. Online surveys. Work closely with our Community Planning Partnership partners to engage with people living in communities experiencing socio-economic difficulties to gain a better understanding of their place. We will promote and facilitate the participation of children and young people under the age of 25 to seek views on their lived experience. Proposed methods of engagement will include the Place Standard Toolkits to support conversations between educators/teachers and children, and capture views about play needs and opportunities in their area, including likes and dislikes about their places. We will 25
Page 26
engage through South Lanarkshire Youth Council, Youth Parliament Representatives, student representatives in higher education and the council's Education Services. We will seek the views of and engage with Gypsies and Travellers to help gain a perspective on their distinct planning needs. Positive engagement with Gypsies and Travelling People will be facilitated through dialogue with representative organisations and the council’s Gypsy/Traveller Liaison Officer. Attention will also be given to non-written and face-to-face on-site engagement. We will work with groups and organisations representing disabled people and older people to establish the most suitable methods of engagement and multimedia formats to share and collect information. Who can participate? Participation in the preparation of Local Development Plan 3 is open to everyone and inclusion will be encouraged, including (this is not an exhaustive list): South Lanarkshire residents and those with an interest in the area Landowners, developers and housing providers Business, industry, and tourism groups Elected members Underrepresented and minority groups Religious bodies and organisations Voluntary organisations Neighbouring authorities Rural communities Other key groups: Children and young people Disabled people Gypsies and Travellers, and Showpeople Community councils Older people Communities experiencing socio-economic disadvantage Community bodies who have expressed an interest in, or have completed, a Local Place Plan Key Agencies: The key agencies are set out in the Town and Country Planning (Development Planning) (Scotland) Regulations 2023 as follows: NatureScot Scottish Environment Protection Agency (SEPA) 26
Page 27
Scottish Water Scottish Enterprise Strathclyde Partnership for Transport (SPT) NHS Lanarkshire Historic Environment Scotland (HES) National and Regional agencies: Transport Scotland Scottish Forestry SportScotland Architecture and Design Scotland Central Scotland Green Network Partnership A sample of topic interest groups: Natural Environment and Climate Historic Environment Art, Leisure and Culture Active travel and transport Town centre and business groups Food growing and local living 7. Mediation The use of mediation to help build bridges between stakeholders and explore, reduce or resolve issues of dispute in development planning is highlighted in the Scottish Government - Circular 2/2021: Guidance on the promotion and use of mediation in the Scottish Planning System. Mediation has the potential benefits of opening up communication, improving relationships and encouraging a way to move forward from disputes, however this does not guarantee dispute resolution or an agreement between parties. It is a voluntary process and be facilitated either by an impartial third party or through ‘informal mediation’ where planners and other relevant stakeholders take a mediation-style/faciliatory approach in their work. We will have regard to any requests for the use of mediation through the consultation process of the Participation Statement. Where the council has been requested to enter into mediation during the local development plan process, each case will be considered on its individual merits. 27
Page 28
Annex 1 – NPF4 and Council Plans/Strategies Links Sustainable places NPF4 Policies Key Scottish Government links Council Plans/Strategies 1. Tackling the climate and nature crises 2. Climate mitigation and adaptation 3. Biodiversity 4. Natural places 5. Soils 6. Forestry, woodland and trees 7. Historic assets and places 8. Green belts 9. Brownfield land, vacant and derelict land and empty buildings 10. Coastal development 11. Energy 12. Zero waste 13. Sustainable transport • Land Use – getting the best from our land: strategy 2021 – 2026 • Making things last: a circular economy strategy for Scotland • Scotland’s Energy Strategy • Scotland’s Environment Strategy • Scotland’s Forestry Strategy • Scottish Biodiversity Strategy • Council Plan – Connect • Community Plan • Various neighbourhood plans • Sustainable Development and Climate Change Strategy • Carbon Management Plan • Local Heat and Energy Efficiency Strategy (under preparation) • Biodiversity Strategy • Glasgow and Clyde Valley Forestry and Woodland Strategy • Local Transport Strategy (under review) • Park and Ride Strategy • Various active travel studies Liveable Places NPF4 Policies Key Scottish Government links Council Plans/Strategies 14. Design, quality and place 15. Local living and 20-minute neighbourhoods 16. Quality homes 17. Rural homes 18. Infrastructure first • A Connected Scotland • A Healthier Future: Scotland’s diet and healthy weight delivery plan • Cleaner Air for Scotland 2 • Creating Places • Local Housing Strategy • Food Strategy • Air Quality Strategy (under preparation) 28
Page 29
NPF4 Policies Key Scottish Government links Council Plans/Strategies 19. Heat and cooling 20.Blue and green infrastructure 21.Play, recreation and sport 22.Flood risk and water management 23.Health and Safety 24.Digital infrastructure • Culture Strategy • Heat in Buildings Strategy Housing to 2040 • Learning Estate Strategy/Learning Estate Investment Programme • Public Health Priorities for Scotland • Remote, Rural and Islands Housing Action • Scotland’s Population Strategy Productive Places NPF4 Policies Key Scottish Government links Council Plans/Strategies 25. Community wealth building 26. Business and industry 27. City, town, local and commercial centres 28. Retail 29. Rural development 30. Tourism 31. Culture and creativity 32. Aquaculture 33. Minerals • National Strategy for Economic Transformation • Retail Strategy for Scotland • Report of the City Centre Recovery Taskforce • Scottish land rights and responsibilities statement • Town Centre Action Plan 2 • Economic Strategy • Community Wealth Building Strategy • Social Enterprise Strategy • Tourism Strategy • Various town centre strategies 29
Page 30
Annex 2 Matters to be addressed in the LDP3 Evidence Report The principal physical, cultural, economic, social, built heritage and environmental characteristics of the district; The principal purposes for which the land is used; The size, composition, health and distribution of the population of the district; The housing needs of the population of the area, including the needs of persons undertaking further and higher education, older people, disabled people; The availability of land in the district for housing, including for older people and disabled people; The desirability of allocating land for the purposes of resettlement; The health needs of the population of the district and the likely effects of development and use of land on those health needs; The education needs of the population of the district and the likely effects of development and use of land on those education needs; The extent to which there are rural areas within the district in relation to which there has been a substantial decline in population; The capacity of education services in the district; The desirability of maintaining an appropriate number and range of cultural venues and facilities (including in particular, but not limited to, live music venues) in the district; The infrastructure of the district (including communications, transport and drainage systems, systems for the supply of water and energy, and health care and education facilities); [the reference to energy includes land available for the development and use of facilities for renewable sources of energy. How that infrastructure is used; and Any change which the planning authority thinks may occur in relation to any of the matters mentioned above. The Evidence Report must also set out the following: A summary of the action taken by the planning authority to support and promote the construction and adaptation of housing to meet the housing needs of older people and disabled people in the authority's area, and analysis of the extent to which the action has helped to meet those needs. A summary of the action taken by the planning authority to meet the accommodation needs of Gypsy/Travellers in the authority’s area, and an analysis of the extent to which that action has helped to meet those needs. How the authority has invited local communities to prepare LPPs, and what assistance they have provided. 30
Page 31
Annex 3 Additional Assessments Other impact assessments are required to be carried out alongside the plan preparation process. The assessments include: Strategic Environmental Assessment This is a statutory requirement to ensure the environment is a primary consideration when preparing the plan and that the environmental and sustainability implications of the emerging plan and its proposals are assessed. It allows a better understanding of the environmental context and sets out the steps to avoid, mitigate or reduce significant adverse impacts, or indeed enhance any positive ones. SEA will be based on the council’s State of the Environment report. A link to 2023 version is here, South Lanarkshire State of the Environment Report 2023. Scoping of the Evidence Report will be done in tandem with the scoping report for the SEA. Habitats Regulations Assessment This is a statutory requirement to consider the potential impacts of the proposed plan on internationally important wildlife sites. The HRA will be done as we consider the ideas presented to us during the preparation of the proposed plan. Any policy content in LDP3 will also be subject to HRA assessment. Integrated Impact Assessment The IIA process brings together a number of assessments within a single document ensuring that all relevant legal duties are addressed in terms of the impacts on different groups in the communities, at the same time within the one consistent process. Duties within the IIA are; Equality Act 2010 protected characteristics Socio-Economic Human Rights Children and Young People’s Rights Armed Forces Duty Consumer Duty Sustainability Health Impact Assessment Health impact assessment (HIA) considers the potential, and sometimes unintended, effects a policy, strategy or service plan may have on the health of a population. It is particularly useful for considering effects on vulnerable or disadvantaged groups. HIA considers the socioeconomic determinants of health and how they influence health outcomes. Evidence from research, data and the experience of stakeholders is used to inform the assessment. 31
Page 32
32
Page 33
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/23/0770 Proposal: Proposed residential development and associated infrastructure Site Address: Land 50m SSW of 48 Toftcombs Crescent Toftcombs Crescent Stonehouse Applicant: Advance Construction Scotland Agent: EMA Architecture + Design Limited Ward: 05 Avondale and Stonehouse Application Type: Planning Permission in Principle Advert Date: Hamilton Advertiser 13th July 2023 Development Plan Compliance: No Departures: N/A Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 4 33
Page 34
1. Reason for Report 1.1. This application is presented to Committee as it constitutes a major planning application under The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the approved South Lanarkshire Scheme of Delegation requires that all major applications are determined by the Planning Committee. 2. Site Description 2.1. The application site extends to approximately 2.73 hectares and is currently undeveloped land. Access to the site is from a roundabout, adjacent to Stonehouse Hospital, which connects the A71 with Strathaven Road. Pedestrian access is available from a path that connects across the site from Whinriggs in the south west of the site, to the core path along the north western boundary. The topography of the site reflects its former use as a railway line, with a section of steeper ground along the former route. 3 Description of Proposed Developments 3.1. Planning permission in principle is sought for residential development and associated infrastructure. An indicative drawing has been submitted indicating approximately 49 new dwellings. 3.2. Access into the site is proposed from the existing roundabout and a vehicle and pedestrian route through the site is indicated, terminating with a turning head in the west of the site. A number of shared drives are further shown along this indicative route, alongside a number of potential future pedestrian connections points to the existing street network. The existing pedestrian route, between Whinriggs and the Core Path to the north would be retained. 4. Relevant Planning History 4.1. P/22/0011/PAN - Residential development with associated infrastructure works (Proposal of application notice) was undertaken in October 2022. 4.2. Planning application HM/15/0471 for the erection of 36 dwellinghouses with associated works and landscaping was refused because the appropriate contribution towards affordable housing, education provision and the improvement/upgrading of community facilities had not been agreed and formalised through the completion of a Planning Obligation. 4.3. Planning application HM/15/0470 for the erection of 26 dwellinghouses with associated works and landscaping was refused because the appropriate contribution towards affordable housing, education provision and the improvement/upgrading of community facilities had not been agreed and formalised through the completion of a Planning Obligation. 4.4. A detailed application HM/10/0414 for the erection of 45 dwellinghouses and associated roads, drainage and landscaping works on land located within the application site was refused because the appropriate contribution for the improvement/upgrading of community facilities and a required landscaping bond had not been agreed and formalised through the completion of a Planning Obligation. 5. Supporting Information 5.1. Several supporting documents have been submitted in support of this application including:- 34
Page 35
Design and Access Statement Transport Statement Drainage Strategy Topographical Survey Agricultural Impact Assessment Ground Investigation Report Pre-application consultation (PAC) Report Preliminary Ecological Appraisal 6. Consultations 6.1. Roads, Transportation and Fleet Services: Object to the proposal. Additional information has been sought on levels along the proposed means of access and a drainage solution for surface water on the access. Also requested that the developer demonstrate how they would address the levels differential at the site entrance without the need for additional retention and advised that taking the proposed access off the A71 roundabout would result in a cost to the developer which to date has not been resolved. Response: The additional information has been requested from the agent a number of times to try and address Roads issues, however, this has not been received. Rather than submit the information, the applicant has instead requested that the application be determined as it currently stands. 6.2. Environmental Services: No objection subject to the imposition of planning conditions relating to contamination and dust control and standard informatives relating to noise, demolition/pest control and contamination. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.3. Scottish Water: No objection. Response: Noted. 6.4. Scottish Power: No objection in principle, however, it should be noted that SP Distribution PLC has high-voltage (HV) and low-voltage (LV) underground cable within the vicinity of the proposals. Response: Noted. 6.5. SEPA: No comment provided. Response: Noted. 6.6. Stonehouse Community Council: The Community Council offered no objections to the proposal, however, they made comments on Development Plan policy, roads and access issues, boundary treatment, drainage, structural issues, developer obligations and affordable housing. Response: Noted. The relevant policy considerations are all addressed in the assessment below. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 48 letters of representation have been received (45 objections and 3 neutral comments). The issues raised are summarised as follows:- ⧫ Detrimental impact on amenity to adjoining properties ⧫ Noise/air/light pollution generated by the development ⧫ Loss of privacy/sunlight/daylight ⧫ Lack of landscaping/children’s play area 35
Page 36
⧫ Biodiversity impacts ⧫ Area used as walkway to countryside by residents/walkers on a daily basis ⧫ Layout/density/housing mix ⧫ Impact upon green belt and green network ⧫ Traffic congestion and adverse impact on road safety ⧫ Safety of proposed road’s structure which is to be built ⧫ Parking provision ⧫ Drainage/flooding issues ⧫ Site levels not indicated ⧫ Lack of public consultation for PAC process, overreliance in outdated means of communication. Misleading to suggest community is supportive ⧫ Lack of infrastructure in Stonehouse and not enough schools, nurseries and services ⧫ Impact on mental health of residents ⧫ Access to Scottish Water infrastructure 7.2. 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. 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. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 – Biodiversity Policy 13 – Sustainable transport Policy 14 - Design, quality, and place Policy 15 - Local living and 20-minute neighbourhoods Policy 16 - Quality homes Policy 22 - Flood risk and water management 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies • Policy 2 – Climate Change • Policy 3 - General Urban Areas • Policy 5 - Development Management and Placemaking • Policy 7 – Community Infrastructure Assessment • Policy 12 - Affordable Housing • Policy 16 – Water Environment and Flooding 36
Page 37
SLLDP2 Volume 2 Policies Policy SDCC2 – Flood Risk Policy SDCC3 – Sustainable Drainage Systems Policy SDCC4 – Sustainable Transport Policy DM1 – New Development Design Policy DM15 – Water Supply Policy DM16 – Foul Drainage/Sewerage Provision Policy DM20 – Supporting Information 9. Guidance 9.1. None applicable. 10. Assessment and Discussion 10.1. Introduction The applicant seeks planning permission in principle for residential development and associated infrastructure. An indicative drawing has been submitted indicating approximately 49 new dwellings. The determining issues in the consideration of this application are its compliance with the development plan, which consists of National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan. 10.2. Principle of Development The application site is located within the settlement boundary however it is not an allocated housing site. NPF4 Policy 16(f) confirms 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. 10.3. In this instance the site is not supported by an agreed timescale for build-out and does not meet the limited circumstances identified in 16(f)(iii) which could allow the delivery of housing on this unallocated site. 10.4. With regards to SLLDP2, the site is not allocated, however, it is undeveloped land within a settlement boundary and, as such, under Policy 3 – General Urban Areas could be considered appropriate for residential development if it can be suitably accessed and serviced. 10.5. With regards to the means of access to the site, and as noted above in the summary of the consultation response from Roads, Transportation and Fleet Services, the proposed access road into the site has not been demonstrated to be appropriate or that it could be built to an acceptable standard. 10.6. The principle of a new residential development not being connected to the wider area by a safe means of access for pedestrian and vehicular traffic is not acceptable in terms of the Development Plan and efforts to secure additional information from the applicant to demonstrate that the means of access is appropriate have not been successful. 10.7. 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. A legal agreement would be required for developer contributions applicable to this site to cover infrastructure impacts associated with education, roads and transportation, affordable housing and community facilities. The applicant has in principle indicated a willingness to enter into a Section 75 Obligation and/or other legal agreement with the Council regarding these contributions. 37
Page 38
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. NPF4 Policy 3 states that development proposals will contribute to the enhancement of biodiversity, and proposals for 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, in the South Lanarkshire Local Development Plan. 10.9. In this case, the Planning Service is of the view that, subject to appropriate conditions to preserve and enhance biodiversity that would be addressed in any application for matters specified in conditions, the development would not adversely impact on existing 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. 10.10. Layout, Siting and Design Policy 14 – Design, quality and place of NPF4 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Notwithstanding the issues of safe access to the site highlighted above, detailed design and placemaking for the site would be assessed under a future Approval of Matters Specified in Condition (AMSiC) application as plans provided at this stage are indicative only. 10.11. NPF4 Policy 15 Local Living and 20 Minute Neighbourhoods aims 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. The application site is within the existing settlement and the location is within a reasonable distance of existing community and retail facilities and with public transport provided via various bus services in the wider area. The proposal is therefore considered to generally comply with the spirit of Policy 15 of the NPF4 subject to the detail of future AMSiC proposals. 10.12. Policy DM20 Supporting Information requires that all applications must be accompanied by sufficient information and supporting documents to enable the Council to fully consider the potential impact of development. As advised above, Roads, Transportation and Fleet Services have requested further information on roads design and drainage and this information has not been provided to date. 10.13. The application is unacceptable as the applicant has failed to supply sufficient information/adequate plans in respect of access, layout, and drainage to allow proper consideration of the proposal and demonstrate an appropriate means of access to the site. It is therefore considered that the proposal is not consistent with Policy 3, Policy 5, Policy DM1 and Policy DM20 of the adopted local development plan. 10.14. Technical Matters NPF4 Policy 22 aims to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. SLLDP2 Policies 16, DM15, DM16, SDCC2 and SDCC3 relate to any potential flood risk and impact on the water environment from the proposed development. Drainage/flooding concerns have been raised with the proposal and 38
Page 39
Roads and Transportation Services have requested further information, including drainage detail. This information has not been provided to date and the application is unacceptable as the applicant has failed to supply sufficient information/adequate plans in respect of drainage to allow proper consideration of the proposal. It is therefore considered that the proposal is not consistent with Policy 16, Policy SDCC2 and Policy SDCC3 of the adopted local development plan. 10.15. Concerns have been expressed regarding the proposed access location, potential congestion from the development and the parking situation in the local area. Policy 15 - Travel and Transport requires all new development proposals to consider the resulting impacts of traffic growth. The impact of the proposal on the local road network and in terms of parking provision has been fully assessed by Roads, Transportation and Fleet Services who have raised concerns pertaining to access, drainage and geotechnical issues which the agent has failed to address. The proposal can therefore be considered to be contrary to Policy 15 of the adopted LDP. 10.16. In relation to other concerns raised we would reiterate that this application is for permission in principle and issues relating to the layout/density, positioning/heights of houses, finishing materials used, garden size, parking, impact on neighbouring properties particularly in relation to privacy and sunlight/daylight would be assessed in any detailed planning application submitted. In relation to potential noise, air and light pollution it is noted that Environmental Services have no objection to the proposal. 10.17. Whilst planning permission in principle applications do not require detailed information on layout, they are required to address where access to the site is to be taken from. No vehicle access is proposed from the Mainsacre Estate as part of this application. Whilst a potential emergency access may be required at the detailed layout stage, this would be limited to pedestrians or emergency vehicles and would need the agreement of the respective landowners. No such arrangements form part of this current application. 10.18. Conclusion Given the above, it is considered that the applicant has failed to supply sufficient information/adequate plans in respect of access, layout, and drainage to allow proper consideration of the proposal. The applicant has failed to demonstrate that the proposal would not have road safety implications or that the principle of a major residential development on land not allocated for residential use is appropriate in this location. As such, the proposal is not considered to 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:- 1 The applicant has failed to supply sufficient information/adequate plans in respect of access, layout, parking and drainage to allow proper consideration of the proposal. The proposal is therefore not deemed to be in accordance with Policy 3, Policy 5, Policy 15, Policy 16, Policy DM1, Policy DM20, SDCC2 and Policy SDCC3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 39
Page 40
2 The applicant has failed to demonstrate an appropriate means of pedestrian and vehicle access for the site exists, in principle, for the proposed development and the proposal is therefore contrary to Policies SDDC4 Sustainable Transport and DM1 New Development Design of the adopted South Lanarkshire Local Development Plan 2 (2021) and Policies 13 Sustainable Transport and 14 Design, Quality and Place of National Planning Framework 4 (2023). 3 The proposed residential development has not been supported by an agreed timescale for build-out and, as such, does not meet the limited circumstances identified in Policy 16(f)(iii) of the National Planning Framework 4 which could allow the delivery of housing on this unallocated site David Booth Executive Director (Community and Enterprise Resources) Date: 24 March 2025 Background Papers Further information relating to the application can be found online:- P/23/0770 | Proposed residential development and associated infrastructure (planning permission in principle) | Land 50M SSW Of 48 Toftcombs Crescent Toftcombs Crescent Stonehouse Larkhall ML9 3RA Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 40
Page 41
41
Page 42
42
Page 43
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0533 Proposal: Change of use of open space to accommodate expansion of petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit, boundary fencing and extension to retail unit Site Address: Earnock Service Station, 105 Wellhall Road, Hamilton, ML3 9UE Applicant: Grove Retail Ltd Agent: Gray Planning and Development Ltd Ward: 18 - Hamilton West and Earnock Application Type: Full planning permission Advert Date: Hamilton Advertiser: 16 May 2024 Development Plan Compliance: Yes Departures: N/A Recommendation: Grant subject to conditions Legal Agreement: No Direction to Scottish Ministers No 5 43
Page 44
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 0.16ha and is situated in an established residential area of Hamilton. 2.2. The site relates to an existing petrol filling station which operates 24 hours a day. The site is enclosed to the north by Wellhall Road, which is a key route through Hamilton and to the east by a roundabout. In addition, the site is bound to the south and west by residential properties. 3. Description of Proposed Development 3.1. The proposal relates to an expansion of the existing petrol filling station. An existing area of vacant ground within the application site is proposed to accommodate two electric vehicle charging bays, two jet wash bays and an air and water bay. In addition, the proposal will include a 29sq metre extension to the existing retail facility, a laundry unit, 4 metre high lighting columns and the erection of 1 metre high boundary fence. 3.2. The vehicular and pedestrian entrance to the site is from Wellhall Road. 4. Relevant Planning History 4.1. The planning history for the site is as follows:- P/21/1701 (withdrawn) - Installation of two self-service car wash bays with 2.7 metre high glazed screens, two parking spaces, and associated alterations P/23/1576 (withdrawn) - Change of use of open space to accommodate expansion of petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit with boundary fencing and extension to retail unit to accommodate a hot food take-away with associated flue 5. Supporting Information 5.1. In support of the planning application, the following has been submitted:- Planning Statement Noise Impact Assessment (NIA) Letter (dated 31 August 2024) from New Acoustics which provides a response to noise related objections 6. Consultations 6.1. Environmental Services - No objection to the proposals, subject to conditions and advisory notes relating to noise, hours of operation and nuisance. Response: Noted. 6.2. Roads Development Management Team – No objection. Response: Noted. 6.3. Scottish Water - No objection to the proposed development. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, 17 objections have been received. The issues raised are summarised as follows:- 44
Page 45
Amenity Issues The proposal will have a significant adverse impact on residential amenity. The development will result in light pollution. The repositioning of the bins will result in odours. There is a problem with litter at the site and the extension will make this issue worse. Noise Issues Significant concern regarding the noise generated from the proposal and, in particular, from the car wash and car vac. Despite the findings of the NIA, the proposal is anticipated to generate noise and disturbance. The NIA is flawed and the noise readings are different from the ones which have been taken by an objector. Flooding and Drainage Jura Gardens currently has issues with flooding and the proposal will exacerbate this issue. A neighbouring property has previously been flooded a number of times and this development will make matters worse. Other developments, in close proximity to the site, have been refused in the area due to concerns regarding flooding. There is no drainage proposed at the site and the increase in the volume of water from the proposed jet washers will overload the strained drainage network. Concern that unchecked chemicals from this site will enter the drainage system. Roads Related Matters The proposal will lead to queues and traffic build up on Wellhall Road. The site is situated between two roundabouts. The congestion caused by the proposal will increase noise and air pollution. The proposed car parking at the site is inadequate and this will result in users parking in the surrounding streets. This is already an area where it is hazardous for the public to walk. Concern about water run-off on to nearby roads. Other Matters Raised This proposal is the same as the previous application P/23/1576 which was withdrawn. The contents of the planning statement are disputed. Confirmation is sought in relation to the position of the postal lockers on the site. Clarification is sought in relation to the boundary between the petrol filling station and Jura Gardens and the use of land which is outwith the control of the applicant. The development is contrary to the Development Plan. Clarification is sought in relation to the existing trees. The proposal has a disregard for local residents and the community. These additional facilities are just not required. Concern that the existing anti-social behaviour issues will be exacerbated. 7.2. The above issues are considered in the assessment below. These letters are available for inspection on the planning portal. 45
Page 46
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 15 - Local Living and 20 Minute Neighbourhoods 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 9. Guidance 9.1. None. 10. Assessment and Discussion 10.1. Principle of Development Detailed planning permission is sought for the change of use of open space to accommodate the expansion of the petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, a laundry unit, boundary fencing and an extension to the existing retail unit at Earnock Service Station, 105 Wellhall 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, environmental matters and infrastructure issues. 10.2. The site is situated within an established residential area and relates to an existing petrol filling station. Policy 15 of NPF4 establishes that development proposals should contribute to local living and 20 minute neighbourhoods. The proposed development site is located within the Hamilton settlement boundary and 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 expand an established use whilst utilising an area of vacant ground. Therefore, it is considered that the principle of the development raises no issues within the context of Policy 15 of NPF4. 10.3. 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 lawful use of the site as a petrol filling 46
Page 47
station has been established and such operations are commonplace within residential areas, especially adjacent to main road networks such as the application site. Therefore, it is considered that the principle of the intensification and expansion of this existing use raises no issues within the context of Policy 3 of the adopted Local Development Plan. 10.4. 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 relates to the expansion of an existing facility, the use of vacant ground and includes the provision of electric vehicle charging units at the site. Subsequently, it is not considered that the proposal raises any adverse issues within the context of Policies 1 and 2 of the adopted Local Development Plan or NPF4. 10.5. Layout, Siting and Design In terms of the detailed design of the development, Policy 5 of the adopted Local Development Plan generally requires 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. Following review, it is considered that the proposed scale, design and finish of the extension to the retail unit reflect the existing building. In addition, the proposed layout, form and scale of the expansion of the petrol filling station to accommodate new charging bays, jet wash bays, a laundry unit, lighting columns and fencing are not out of keeping with the existing site. 10.6. In relation to the impact on the amenity of nearby residential properties, it is considered that these dwellings are situated near an existing petrol filling station which operates 24 hours a day and in close proximity to a main route through Hamilton. Accordingly, the current level of amenity enjoyed by these properties cannot be considered to be the same as dwellings within an exclusive residential estate. Indeed, it was noted during the site visit that there is considerable road traffic noise which can be heard from the site and in the surrounding area. Notwithstanding the above, a Noise Impact Assessment and an addendum to this document have been submitted and reviewed. Environmental Services have not raised any significant concerns regarding the proposal in relation to noise, floodlighting or other amenity issues, subject to a restriction on the operating hours of the use of the jet wash facility. 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 Policy 5 of the adopted Local Development Plan. 10.7. With regards to the other matters raised in the representations, following a detailed assessment Roads, Transportation and Fleet Services consider that the proposal is acceptable in terms of access, parking and road safety issues. In relation to the potential flooding issues, details of the proposed drainage system have been submitted in relation to the development. The issue of land ownership and boundary disputes are a legal matter, postal lockers are not considered to be development, the existing trees on site are not protected and can be removed by the applicant and matters relating to anti-social behaviour are outwith the remit of the Planning Service. 10.8. Conclusion In conclusion, the proposal relates to the extension and expansion of a long established petrol filling station. The design, layout and general impact of the development is considered to be acceptable and the proposal raises no significant amenity or infrastructure issues. Overall, it is considered that the proposal complies with the provisions of the relevant policies within the National Planning Framework 4 47
Page 48
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 between the hours of 0800 and 2000 the measured noise rating level emitted from the premises (LAeq (1hour)) shall not exceed the pre-existing background noise level (LA90 (1/2hour)) by more than 4dB when measured in accordance with British Standard BS 4142:2014 - Method for Rating and Assessing Industrial and Commercial Sound at buildings where people are likely to be affected. Reason: In the interests of amenity. 03. The use of the jet wash (with the exception of maintenance works not audible outside the premises) shall be restricted to the following hours of operation:- Between 0800 and 2000 hours. Reason: In the interests of amenity. 04. That the development hereby approved shall not be operational until the drainage system identified in drawing PL_010 has been installed to the satisfaction of the Council as Planning Authority. Reason: To ensure a satisfactory drainage system is installed at the site. 05. For the avoidance of doubt, the approved extension to the existing forecourt retail unit shall operate within the provisions of Class 1A (Shops, Financial, Professional and Other Services) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended. Reason: To ensure that the unit does not operate as a hot food take-away. 12. Reason for Decision 12.1. The proposal raises no significant adverse amenity, environmental or infrastructure issues and complies with Policies 1, 2 and 15 of the National Planning Framework 4 and raises no issues within the context of Policies 1, 2, 3 and 5 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. 48
Page 49
David Booth Executive Director (Community and Enterprise Resources) Date: 24 March 2025 Background Papers Further information relating to the application can be found online:- P/24/0533 | Change of use of open space to accommodate expansion of petrol filling station including 2 electric vehicle charging bays, 2 jet wash bays, laundry unit, boundary fencing and extension to retail unit. | Earnock Service Station 105 Wellhall Road Hamilton ML3 9UE 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 49
Page 50
50
Page 51
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/0990 Proposal: Erection of free-range poultry unit and feed silos with new access, parking and associated works Site Address: Land 360M WSW of Station Cottage Darvel Road Drumclog Strathaven Applicant: Alan Blackwood Agent: Grant Murray Architects Ltd Ward: 05 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News 16 October 2024 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 6 51
Page 52
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 site, which measures approximately 1.05 hectares in area, is located approximately 250 metres to the west of the village of Drumclog and 9km south-west of Strathaven. The site is bounded by agricultural land on all sides and there is no current vehicular access to the site, though the A71 road is located approximately 180 metres to the south. The site comprises agricultural land screened by a row of trees to the south. The site is located at a raised level relative to the A71 and the village of Drumclog, however, it is predominantly flat throughout. 3. Description of Proposed Development 3.1. Detailed planning permission is sought for the erection of a free-range poultry unit and feed silos with new access, parking and associated works within the site. The proposed poultry unit would comprise a low profile, single storey building measuring approximately 2700 square metres in size and would house up to 32,000 birds on site. The proposals would represent the expansion of an existing poultry business, currently operating in Ayrshire, into a new site within South Lanarkshire. A new access would be formed from the A71, to include a passing place to accommodate HGVs. Car parking and a turning area would also be provided as part of the proposed development. 4. Relevant Planning History 4.1. There is no relevant planning history for the site. 5. Supporting Information 5.1. The agent has submitted a Design Statement and a Business Plan in support of the proposals. This has been considered as part of the assessment of the application below. 6. Consultations 6.1. Environmental Services – Offered no objections to the proposed development subject to conditions relating to environmental matters including odour and waste management. 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) – Offered no objections subject to the inclusion of conditions relating to the provision of appropriate access, visibility splay, parking provision and turning space within the site. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.3. Scottish Water – Offered no objections to the proposed development. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of 16 objections have been received. The issues raised are summarised as follows:- Traffic and road safety Proximity to residential properties Impact on residential amenity 52
Page 53
Loss of privacy Visual and landscape impact Impact on peatland Impact on wildlife Scale and nature of development Noise and disturbance Air pollution, dust and odours Vermin and biosecurity concerns Impact on human health Waste management Drainage Impact on historical assets 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. 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. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 14 - Design, quality and place Policy 26 - Business and industry Policy 29 – Rural development 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy GBRA1 – Rural Design and Development Policy GBRA2 – Business Proposals within Green Belt and Rural Area 9. Guidance 9.1. None applicable. 53
Page 54
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 The site is located within the rural area as designated by Policy 4 – Green Belt and Rural Areas of the South Lanarkshire Local Development Plan 2 (adopted 2021), where the principle of appropriate business uses relating to agriculture and rural activities is considered to be acceptable. As such, the principle of development of the application site to form a poultry unit is acceptable at this location in planning policy terms, subject to an assessment of the detailed matters relating to this proposal. 10.3. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the South Lanarkshire Local Development Plan 2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. In this case the nature of the proposed development necessitates a rural location, removed from major settlements. However, the design of the development incorporates the provision of PV panels into the roof of the proposed building, while the supporting information provided as part of the application notes that the facility would allow the production of local food products, reducing the reliance on imported foods and associated high carbon footprints. As such, this is considered to be a development that would make a positive impact in terms of climate change and sustainability considerations and complies with the provisions of Policies 1 and 2 of NPF4 and Policy 2 of the South Lanarkshire Local Development Plan 2. 10.4. Rural Development Policy 29 – Rural Development of NPF4 seeks to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. The policy supports the provision of appropriate rural businesses, including food production facilities, within rural areas. 10.5. Policy 26 – Business and Industry seeks to encourage, promote and facilitate business and industry uses, including uses outside of designated business and industry areas where the nature and scale of the activity will be compatible with the area in which it is located. Given that this proposed development relates to an agricultural food production facility in the form of a poultry unit, it is considered to be appropriate to the rural location in which it is proposed to be sited in terms of its scale and nature and is therefore considered to be compliant with the provisions of Policies 26 and 29 of NPF4. 10.6. Policy GBRA1 – Rural Design and Development of the South Lanarkshire Local Development Plan 2 supports proposals within countryside areas that are appropriately sited, designed and do not create any significant adverse amenity impacts in terms of amenity issues, to include overlooking and overshadowing of residential properties. Policy GBRA2 – Business Proposals within Green Belt and Rural Area provides more specific policy relating to rural business proposals and states that business proposals relating to agricultural uses can be considered acceptable in rural areas, where sufficient land is available and where an appropriate business plan is provided in support of the proposed development. 54
Page 55
10.7. In this case the proposals are considered to be sited a sufficient distance from residential properties to ensure that there would be no significant amenity impact. Furthermore, a business plan has been provided demonstrating that the proposals represent an appropriate expansion of an existing production business in Ayrshire into a new site in South Lanarkshire and would be sustainable at the new location. It also notes that two full time and two part time posts would be generated by the development. As such, the proposals are considered to comply with the relevant provisions of Policies GBRA1 and GBRA2 of the adopted South Lanarkshire Local Development Plan 2. 10.8. Layout, Siting and Design Policy 14 of NPF4 relates to liveable places. The policy sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policies 5 – Development Management and Placemaking and DM1 – New Development Design seek the provision of high quality proposals that do not significantly adversely impact on surrounding amenity. 10.9. In this case the proposals relate to the erection of a single storey building on a greenfield site to the west of the settlement of Drumclog. The proposed building would not appear prominent in the landscape, particularly as it would be screened from the most prominent viewpoints to the south and east by a row of mature trees located adjacent to the proposed development site. Additionally, the development would be sited a sufficient distance from the nearest residential properties to ensure that there would be no significant adverse impact in terms of privacy issues in this case. As such, the proposed development is considered to be satisfactory in terms of its siting and design with regard to landscape and visual amenity considerations. It is also noted that the building would be sited outwith an identified peatland area located to the west of Drumclog and, as a result of the greenfield nature of the site, it is unlikely there would be any significant impact on protected species or wildlife in this case, or on any sites of historical interest. 10.10. Technical Matters With regard to technical considerations, it is noted that the Council’s Roads Transportation and Fleet Services have confirmed their satisfaction with access, parking, road safety and other relevant aspects of the proposals subject to conditions that would be attached to any consent issued. It is noted that sufficient visibility splays can be provided in both directions at the junction of the proposed access road with the A71 and passing space for HGVs would also be provided along the access road. As such, there are no concerns held with regard to traffic or other road safety considerations in this case. 10.11. Similarly, the Council’s Environmental Services have confirmed that they have no significant concerns with regard to noise, pollution, smell, waste or other environmental considerations in this case. Conditions requested by the Service relating to environmental matters would be attached to the consent issued to ensure that environmental matters of relevance to the planning process would be controlled as appropriate. Further enforcement action could also be taken directly by Environmental Services under relevant environmental legislation should any specific matters arise resulting from the development. There are also no specific concerns held relating to drainage issues in this case. 55
Page 56
10.12. Conclusion In summary, following a detailed assessment of the proposed development, it is considered that the poultry unit would be appropriately sited in the rural area and would be developed in a manner that would have no significant adverse impact on residential amenity, road safety, the character of the surrounding rural area or in terms of relevant environmental considerations. 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, prior to the commencement of any works on site, full details of the design and location of all fences and walls, including any retaining walls, to be erected on the site shall be submitted to and approved by the Council as Planning Authority. The approved details shall thereafter be implemented on site to the satisfaction of the Council as Planning Authority before the development hereby approved is completed or brought into use. Reason: These details have not been submitted or approved. 03. Prior to the commencement of the development on site an Odour Management Plan detailing measures proposed to control odour, (including bioaerosols) shall be submitted to, and approved in writing by the Council as Planning Authority. The measures as approved shall thereafter be implemented, along with any subsequent remedial measures as required, to the satisfaction of the Council as Planning Authority. Reason: To safeguard the environmental amenity of the area. 04. Prior to the commencement of the development a waste management plan shall be submitted to and approved by the Council as Planning Authority. This should include the disposal of poultry manure, or if considered a product its intended use including storage or stock piling of the product. The development shall thereafter be undertaken in accordance with the approved details to the satisfaction of the Council as Planning Authority. Reason: To safeguard the environmental amenity of the area. 05. That no gates or other obstructions shall be erected within the first 30 metres of the access as measured from the edge of the carriageway. Reason: In the interests of traffic and public safety. 06. That before the development hereby approved is completed or brought into use, a visibility splay of 9metres by 215metres shall be provided and everything exceeding 1.05metres in height above the road channel level shall be removed from the sight line areas. 56
Page 57
Reason: In the interests of public safety. 07. That before the access is completed or brought into use, the surface of the first 30m of the access (measured from the edge of the carriageway) shall be surfaced, sealed and trapped to mitigate the potential for any detritus material or water to leave the access / driveway and enter the public road. This section of the access road shall be constructed as an industrial road. Within this 30m, a delineation flush kerb shall be installed and located 2m from the edge of the carriageway to delineate the public road / service strip from the private access. Reason: In the interests of traffic safety and to prevent deleterious material entering the road. 08. The access shall not have a gradient in excess of 1:10. Reason: In the interests of traffic and public safety. 09. That before the development hereby approved is completed or brought into use, the passing place on the access road shall be formed to a length that is sufficient to accommodate an HGV, to the satisfaction of the Council as Planning Authority. Reason: In the interests of public safety. 10. That before the development hereby approved is completed or brought into use, all of the parking spaces shown on the approved plans shall be provided at a size of 2.9m x 5.5m each with an aisle width of 6m, to the satisfaction of the Council as Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 11. That, prior to commencement of works on site, a tracking drawing detailing the provision of a turning area and demonstrating that HGV's can access/exit the site in forward gears shall be submitted to and approved by the Council as Planning Authority. The development shall thereafter be undertaken in accordance with the approved details, with the turning area being provided on site before the development hereby approved is completed or brought into use. Reason: In the interests of public safety. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact upon amenity and complies with Policies 1, 2, 14, 16 and 29 of the National Planning Framework 4 and with Policies 2, 4, 5, DM1, GBRA1 and GBRA2 of the South Lanarkshire Local Development Plan 2 (adopted 2021). David Booth Executive Director (Community and Enterprise Resources) Date: 24 March 2025 57
Page 58
Background Papers Further information relating to the application can be found online:- P/24/0990 | Erection of free-range poultry unit and feed silos with new access, parking and associated works | Land 360M WSW Of Station Cottage Darvel Road Drumclog Strathaven 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 58
Page 59
59
Page 60
60
Page 61
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 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 7 61
Page 62
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:- 62
Page 63
Dust Management Report Maintenance Plan 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. 63
Page 64
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 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 64
Page 65
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 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. It has been noted that a fence has been erected on land associated with the development, at the access onto the public road. Access to the site is still available. However, the applicant advises that the fence that has been erected has been done so without the relevant landowner’s permission and legal action will be pursued to 65
Page 66
resolve this matter. The process to remove the fence is a legal matter separate to the consideration of the planning application. 10.11. 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. 10.12. 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 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. 10.13. 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. 10.14. It is therefore considered that the amendment to condition 21 would be in accordance with NPF4 Policy 14 and SLLDP2 Policy 5. 10.15. 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. 10.16. 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. 10.17. 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. 10.18. In the recent past, progress in forming the ponds has been impeded by legal disputes and the Covid 19 pandemic. With the resolution of these 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 66
Page 67
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. 10.19. 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. 10.20. 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. 10.21. 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. 10.22. 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. 10.23. 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. 10.24. 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. 67
Page 68
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. 10.25. In view of this assessment. it is considered that the section 42 application does not compromise NPF4 Policy 33 and SLLDP2 Policy 19. 10.26. 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 visual amenity and road safety. The variation to the condition will not affect the outcome or intent of the original approval. 10.27. 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. 68
Page 69
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. 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. 69
Page 70
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. 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 three months 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. 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 70
Page 71
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. 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 and no materials, associated with the formation, maintenance and management of the approved fishing ponds and ancillary operations, shall be dumped or stored outwith 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 March 2025 71
Page 72
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 72
Page 73
73
Page 74
74
Page 75
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1085 Proposal: Extension to existing quarry to extract sand and gravel using existing access, with associated progressive restoration Site Address: Ryeflatt Quarry, Carnwath, Lanark, ML11 8SA Applicant: Tillicoultry Quarries Ltd Agent: Wardell Armstrong LLP – Abigail Brown Ward: 03 – Clydesdale East Application Type: Full Planning Permission Advert Date: Lanark Gazette 25th September 2024 Development Plan Compliance: Yes Departures: None Recommendation: Grant subject to conditions, Section 75 Agreement and Section 96 Agreement Legal Agreement: The Committee should note that the planning permission, if granted, should not be issued until such times as the following matters have been concluded:- 1: A Section 75 Agreement to secure financial contributions towards the South Lanarkshire Rural Communities Trust Fund; and 2: A Section 96 Agreement to ensure the suitable upkeep and repair of roads within the vicinity of the site. The applicant will be responsible for meeting the Council’s reasonably incurred legal expenses in respect of the legal agreement. Direction to Scottish Ministers Not Required 8 75
Page 76
1. Reason for Report 1.1. The application is required to be determined by the Planning Committee under Clause 5.1 of the Decision-Making Process 2015 as the proposed development constitutes a Major Planning Application. 2. Site Description 2.1. The application site, which extends to some 19.6ha, lies to the north side of the A70 Carstairs to Carnwath Road and to the northwest of the village of West End. 2.2. The site is located to the immediate southwest of the operational Ryeflatt sand and gravel quarry. The existing quarry is served by a vehicular access which is taken directly off the A70, which runs parallel to the southern boundary of the site. 2.3. The Carstairs and Kames Site of Special Scientific Interest (SSSI) (which is designated for geological reasons) is located to the north of the proposed extension area and to the existing quarry area. The Cranley Moss Special Area of Conservation (SAC) is located to the west of the site. 2.4. The site is currently used for livestock grazing purposes, with parts of the site having been historically subject to mineral extraction works. 3. Description of Proposed Development 3.1. Under this application, full planning permission is sought for an extension to the existing operational sand and gravel quarry at Ryeflatt. The proposed extension area would not be worked until the extraction of the sand and gravel within the existing quarry has been completed. The extension area would be accessed via the existing quarry access off the A70. 3.2. It is anticipated that approximately 130,000 tonnes of sand and gravel would be extracted per annum, over a proposed operational period of circa 9.2 years and would take place in four phases, as detailed below. Phase 1 – 419,338t (3.2 years) Phase 2 – 342,993t (2.6 years) Phase 3 – 359,112t (2.8 years) Phase 4 – 75,753t (0.6 years) Total – 1,197,196t (9.2 years) 3.3. During the proposed extraction works, water, traffic, dust and noise would be managed via the same management controls which apply to the existing quarrying operations. A new earth bund would be created long the southern boundary of the site to screen the proposed extraction area from views from the A70. All minerals would be processed within the existing processing area, which would be retained during the operational life of the extension area as would the existing site offices and welfare facilities. The existing mineral conveyor belt which serves the existing quarry would also be retained and extended into the proposed extension area. 3.4. The proposed extraction operations would be subject to progressive respiration works which, on completion, would provide opportunities for local ecological and biodiversity enhancements via the creation of new on-site habitats. In this respect this application seeks a further period of one year post completion of the extraction works to ensure the compete restoration of the site. 76
Page 77
3.5. Assuming extraction begins in July 2025, the end of the extraction phase would be 2035, with the restoration works being completed by 2036. It is proposed that the site be restored back to agricultural grazing land, along with a new water body. Around the margins of the water body, marginal wetland habitat would be created to enhance the overall biodiversity value of the site. The bunds created to screen the development would be removed to create a more natural landform, allowing views across the restored land to the kame to the north. 4. Relevant Planning History 4.1. Whilst the application site itself has not been subject to any previous planning permissions, the existing extraction operations at Ryeflatt have been ongoing for over 70 years and have been subject to several different planning permissions since works first commenced. 4.2. Planning applications PM/52/388, P/LK/76/23 and P/LK/84/515 all allowed for the extraction of sand and gravel from the main quarry site. 4.3. Planning application CL/05/0806 granted planning permission for the further extraction of sand and gravel from the site and for the restoration of the site following completion of the extraction operations. This planning permission was granted subject to a Section 75 Agreement to secure a restoration guarantee bond to cover the restoration of the site if the applicant was unable, for whatever reason, to complete this task; financial contributions to the South Lanarkshire Rural Communities Trust Fund; and, for hydrological monitoring and water flow equipment maintenance. 4.4. The site has also been the subject of two Section 42 applications. 4.5. Application CL/17/0092 sought to amend condition 2 of planning permission CL/05/0806 to permit an additional period of 5 years to the permitted extraction period prior to the restoration of the site. This permission was granted subject to a Section 75 Agreement to cover the same matters within the original. 4.6. Application P/23/0485 sought to amend conditions 22 and 23 of planning permission to allow for quarrying operation to start at 07.00 hours Monday to Saturday. This application was approved by Committee subject to a Minute of Variation being concluded in respect of the Section 75 Agreement relating to planning permission CL/17/0092. This has still to be concluded. 5. Supporting Information 5.1. The planning application submission is supported by the following reports/documents:- Water Appraisal Report Transport Statement Planning Statement Preliminary Ecological Appraisal Noise Assessment Report Land Capability for Agriculture Report Landscape and Visual Appraisal Stage 1 Habitats Regulation Appraisal Great Crested Newt Habitat Suitability Index Report Protected Species Survey, Badger Archaeological Desk Based Assessment Air Quality Assessment Pre-Application Consultation report 77
Page 78
6. Consultations 6.1. Roads Development Management Team No objection and request that the roads/drainage conditions attached to planning permission CL/05/0806 be applied to any permission granted. Also request that the applicant enter into a Section 96 Agreement to ensure the suitable upkeep and repair of roads within the vicinity of the site. Response: The earlier conditions will be applied, where this is still appropriate. 6.2. Environmental Services No objection to the proposed development subject to the imposition of appropriate conditions relating to noise emissions, dust management and hours of operation. Response: Appropriate conditions will be applied, to any consent that is granted to address these issues. 6.3. NatureScot Following the submission of additional information, NatureScot have advised that subject to the imposition of a number of suggested conditions, they have no objection to the proposed development. Response: Appropriate conditions will be applied, to any consent that is granted to address these issues. 6.4. SEPA Following the submission of additional details of the perimeter bunding, SEPA have advised that they have no objection to the proposed development, subject to the imposition of a condition dealing with the redesign of the perimeter bund. Response: An appropriate condition will be applied, to any consent that is granted to address this issue. 6.5. West of Scotland Archaeological Service No objection subject to the imposition of a condition requiring the implementation of mitigation measures which have been put forward by the applicant. Response: An appropriate condition will be applied, to any consent that is granted to address this issue. 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. National Planning Framework 4 Policies Policy 1 – Tackling the climate and nature crisis Policy 2 – Climate mitigation and adaptation Policy 3 – Biodiversity Policy 4 – Natural places Policy 5 – Soils 78
Page 79
Policy 29 – Rural development Policy 33 – Minerals 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:- SLLDP2 Policies Policy 1 – Spatial Strategy Policy 2 – Climate Change Policy 4 – Green Belt and Rural Area Policy 5 – Development Management and Placemaking Policy 13 – Green Network and Greenspace Policy 14 – Natural and Historic Environment Policy 15 – Travel and Transport Policy 16 – Water Environment and Flooding Policy 19 – Minerals Development Policy GBRA2 – Business Proposals within Green Belt and Rural Area MIN1 – Settlements MIN2 – Cumulative Impact MIN3 – Restoration MIN5 – Controlling Impacts from Extraction Sites MIN6 – Community Benefit 9. Guidance 9.1. Planning Advice Note 50 – Controlling the environmental effects of surface mineral workings and its associated Annex A are of relevance to the assessment of this application. 10. Assessment and Discussion 10.1. Principle of Development Under the terms of this application, full planning permission is sought for an extension to the existing operational sand and gravel quarry at Ryeflatt near Carstairs village. The determining issues in the consideration of this application are its compliance with national policy, local development plan policy and its impact on traffic safety, environmental matters and infrastructure issues. 10.2. The application site is identified as being within the designated Rural Area in the adopted South Lanarkshire Local Development Plan 2. Policy 4 Green Belt and Rural Areas states that, amongst other things, both the green belt and rural areas function primarily for “other uses appropriate to the countryside”. Policy GBRA2 Business Proposals within Green Belt and Rural Area sets out a range of types of development that are considered appropriate and they include mineral extraction proposals which accord with Policy 19 Minerals of the Plan. 10.3. Policy 19 provides specific policy guidance relative to minerals developments and advises, amongst other things, that in assessing applications for mineral extraction, the Council will balance the economic and other benefits form the development against any potential impacts on the environment and local communities. To this end, it is notable that the existing operations at Ryeflatt have not given rise to any issues of concern in relation to impacts upon any existing sensitive receptors, with the planning 79
Page 80
conditions which control and regulate the development providing the means to ensure that the operations do not have any adverse environmental impacts. 10.4. Since adoption of SLLDP2, National Planning Framework has become part of the Development Plan for South Lanarkshire. Policy 33 of NPF4 deals specifically with minerals development. It contains a range of criteria that must be met in order for proposals to be supported, including ensuring that there are no adverse impacts on the natural and historic environment, the landscape and visual impacts, nearby settlements and homes; show acceptable levels of noise, dust and vibration; minimise transport impacts; and include schemes for a high standard of restoration and aftercare. A detailed assessment in respect of these matters is set out below and it is concluded there would be no adverse impacts in relation to these issues. 10.5. The proposed development would allow for the continued extraction of mineral resources from the extended site for a further period of 9.2 years and, as such, does not introduce a new use into this area. The extraction of minerals from the extension area would commence upon completion of the works within the currently consented extraction area and, as such, would not result in an increase in the established level of activity within the site itself or result in an increase in vehicular movements associated with the operation of the site. 10.6. On this basis it is considered that the proposed extension to the quarry complies with Policy 19 and, as a result, the principle of the development is acceptable. 10.7. Climate Change NPF4 Policy 1 Tackling the climate and nature crisis requires that when considering all development proposals, significant weight should be given to the global climate and nature crisis. The requirement to address the climate crisis is expanded upon within Policy 2 Climate mitigation and adaptation which requires, amongst other things, that development proposals should be sited and designed to minimise, as far as possible, lifecycle greenhouse gas emissions. 10.8. In assessing each of these policy matters it is considered that as the proposed development represents an extension of an existing operational quarry (with the extraction works only commencing following completion of works within the existing consented quarry area) the proposals themselves will not result in a net increase in impacts associated with the site as it stands at present and will not result in an increase in any greenhouse gas emissions associated with the operation of the site (which are restricted to emissions associated with the operation of plant and machinery on the site). 10.9. With regards to the nature crisis, it is noted that the supporting evidence lodged as part of the overall application submission shows clearly that the site is of low ecological and biodiversity value. As an integral part of the proposed restoration works, new habitats will be created within the site which will result in an over increase in the biodiversity value of the site and on this basis, in the longer term, the proposals will further the aims of addressing the nature crisis. 10.10. Accordingly, it is considered that the proposed development accords with the requirements of policies 1 and 2 of NPF4. Following the same assessment process, it is also considered that the proposed development accords with the requirements of policy 2 Climate Change of SLLDP2. 80
Page 81
10.11. Layout, Siting and Design As is noted within section 5 above, the application is supported by several technical reports/studies which address in full these various considerations and which demonstrate that, subject to the implementation of the various mitigation measures presented therein, the proposed development will give rise to no significant adverse environmental impacts. 10.12. The proposed development represents a logical western extension of the current quarry operations, with the proposed extension working from west to east across the site. Bunding will be formed around the southern and western boundaries of the site to ensure that the visual impact of the works when viewed from the adjacent public roads is kept to a minimum. In addition, there would be no adverse impact on nearby communities and issues relating to noise and dust are addressed in the proposed conditions. 10.13. The proposed progressive restoration of the site will also ensure that the site is fully restored at the earliest possible opportunity, thus allowing the proposed biodiversity enhancements to be secured shortly after the completion of the extraction works. 10.14. Technical Matters Within their initial responses on the application, both NatureScot and SEPA highlighted some concerns in relation to certain aspects of the proposed development. These concerns were raised directly with the applicants agent and following a period of iterative discussions, amendments have been made to the proposed development, in particular the alignment of the peripheral bunding within the vicinity of the Flushing Burn, which address the issues raised by both of these parties who have now confirmed that, subject to the imposition of appropriate conditions, they have no objection to the proposed development. 10.15. Conclusions In conclusion, it is considered that the proposed development, which comprises an extension to and progressive restoration of an existing long standing active quarry, will not give rise to significant adverse impacts and that through the terms of the proposed restoration scheme, the opportunity exists to significantly enhance the overall biodiversity value of the site by way of the creation of a number of new habitat types. 10.16. Having regard to the provisions of Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997, it is considered that the proposed development can be justified against the relevant provisions of the development plan and no relevant material considerations have been identified which would outweigh the acceptability of the proposals in terms of the development plan. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant full planning permission subject to the following conditions and a Section 75 Legal Agreement and a Section 96 Agreement:- 01. That all extraction operations on the site shall be discontinued, and the entire site shall be restored in accordance with the restoration plan approved by the Council, as Planning Authority (as required by condition 2) not later than 10 years from the date of the planning permission hereby granted. 81
Page 82
Reason: To ensure that the Planning Authority retains effective control of the development. 02. That indicative details only for the final restoration scheme are hereby approved, and that, within 12 months of the date of this permission, a detailed restoration, habitat/wetland management and aftercare scheme for the entire site shall be submitted for the written approval of the Council as Planning Authority and the restoration, habitat/wetland management and aftercare of the site shall thereafter be carried out in accordance with the approved scheme including timescales. Reason: To ensure the satisfactory reinstatement of the site. 03. That 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 plan to the satisfaction of the Planning Authority. Reason: To ensure that the site is satisfactorily restored. 04. That the applicant shall at all times deal with the areas forming the subject of this consent in accordance with the provisions of this application, statement of intentions and plans submitted except as otherwise provided for by this consent and shall omit no part of the operations provided for therein except with the prior written consent of the Planning Authority. Reason: To ensure that the Planning Authority retains effective control of the development. 05. That reversing alarms used on plant and vehicles shall be either non-audible, ambient related, or low tone devices. Efficient silencers shall be fitted to and used and maintained in accordance with manufacturer's instructions on all vehicles, plant and machinery used on the site. Save for the purposes of maintenance, no machinery shall be operated with the covers open or removed. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 06. That the movement of plant, vehicles and machinery on the site shall be carried out in such a manner as to avoid, as far as possible, the crossing of undisturbed, reclaimed or restored land. Reason: To avoid any unnecessary incursion onto parts of the site which are undisturbed or have been restored; in the interests of the general amenity of the site. 07. That all hardcore material used to form hardstandings shall be removed prior to subsoil replacement, and all roadways, storage sites and other areas of compaction shall be sub-soiled prior to restoration, unless otherwise approved in writing by the Planning Authority. Reason: To ensure satisfactory reinstatement of the site. 08. That, in the event of extraction operations on the site ceasing for a period of 12 months or more, the Planning Authority shall deem operations to have ceased permanently and shall require immediate implementation of the approved restoration scheme, unless otherwise agreed in writing with the Planning Authority. 82
Page 83
Reason: To ensure the Planning Authority retains effective control of the development. 09. That the developer shall ensure that sufficient water is maintained on site, at all times, to address the requirements for dust suppression. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 10. At the reasonable request of the Planning Authority and following a complaint to it relating to noise or dust emissions arising from the operation of the Quarry, the operator shall investigate the complaint using suitably competent persons as appropriate. Where an assessment of any noise impact or dust emissions/accumulations are, in the opinion of the Planning Authority acting reasonably, found to be in breach of the noise limits or to cause nuisance, the Quarry operator shall carry out mitigation measures to remediate the breach so caused. Details of any such mitigation measures required shall be, on request, submitted to the Planning Authority for prior approval. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 11. That before development starts on site details of a groundwater monitoring plan during the carrying out of the works hereby approved shall be submitted for the approval of the Council as Planning Authority. Once approved the plan shall be implemented to the satisfaction of the Council. The groundwater level results shall be used to inform the site working practices and restoration. In particular, the plan shall include details of the locations of groundwater monitoring boreholes that may need to be replaced as the excavations progress the site. Reason: To ensure there is no adverse impact on groundwater. 12. That all laden lorries leaving the site shall be sheeted before entering the public highway. Reason: In the interests of road safety. 13. That visibility splays of 2.5m by 215m shall be maintained on both sides of the existing access point onto the A70, and shall be retained for the duration of works on the site. For the avoidance of doubt, this shall be the only vehicular access for the entering and egress of the site. Reason: In the interests of road safety. 14. Except where otherwise agreed in writing by the Planning Authority, the applicants shall make stockproof and maintain until restoration of the site is complete all the existing perimeter hedges and fences, and shall protect the same from damage. Reason: To ensure site safety and maintenance of boundary security. 15. The hard surfaced access road entering the site from the A70, extending 100 metres into the site, shall be maintained as such for the lifetime of the development, hereby approved. Reason: To minimise the chance of any debris from the site being trailed onto the public highway; in the interests of road safety. 83
Page 84
16. The section of the access road between the wheel washing equipment and the A70 shall be maintained in such a condition as to prevent ruts, potholes and ponding of water and kept clear of mud and dirt at all times, for the lifetime of the development, hereby approved. Reason: To minimise the chance of any debris from the site being carried onto the public highway; in the interests of road safety. 17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or of any order revoking, amending or re- enacting that Order), no buildings, structures or fixed plant, including that required for lighting the site, shall be erected or installed within the site, unless details of their location and appearance have received the prior written approval of the Planning Authority. Reason: To ensure control over such development on the site so as to minimise the potential visual and landscape intrusion. 18. That from the date of this permission, until completion of the final restoration, a copy of this permission, and all approved documents and subsequently approved documents, shall be kept available for inspection in the site offices during the approved working hours. Reason: To ensure the site operator and visiting officials are aware of the approved details. 19. That all containers being used to store liquids within the application site shall be labelled clearly to show their contents, and located in a bund which shall be at least 110% of the capacity of the largest container stored within it. Bunds shall conform to the following standards:- The walls and base of the bund shall be impermeable The base shall drain to a sump All valves, taps, pipes and every part of each container shall be located within the area served by the bund when not in use Vent pipes shall be directed down into the bund No part of the bund shall be within 10 metres of a watercourse Any accumulation of any matter within the bund shall be removed as necessary to maintain its effectiveness Reason: To ensure the safekeeping of such liquids. 20. That, without the prior written approval of the Planning Authority, the site shall not operate outwith the hours stated below, and during these hours the site shall be adequately manned and supervised. Weekdays Saturdays Time of Opening 7.00am 7.00am Time of Closing 7.00pm 1.00pm There shall be no working on Sundays or local bank holidays (with the exception of essential maintenance work), unless otherwise agreed in writing with the Planning Authority. Reason: To safeguard the residential amenity of the area. 84
Page 85
21. That with respect to the control of noise resulting from the operations at this site the developer shall comply with the following:- - that during the working week (07.00 to 19.00 hours Monday to Friday inclusive and 07.00 to 13.00 hours on Saturday) the nominal noise limit from site operations at all noise sensitive properties, in the vicinity of the site, shall not exceed 55 dB(A) LAeq, over any one hour period - as the site is only to be operational during day time there shall be no audible noise, from the site at noise sensitive properties, between the hours of 19.00 hours and 07.00 hours - between Saturdays (from 13.00 hours) and Mondays (to 07.00 hours), there shall be no audible noise from the site at noise sensitive properties in the vicinity of the site. Reason: To minimise any nuisance and to protect the amenity of neighbouring properties. 22. That all topsoil and subsoil shall be retained on site and shall be used for the restoration scheme as required by condition 2. All soil storage bunds shall be kept free of weeds and the sward shall be managed in accordance with agricultural management techniques throughout the period of storage; all to the satisfaction of the Planning Authority Reason: To ensure the satisfactory reinstatement of the site. 23. A 20m buffer zone shall be provided at all times for those sections of the proposed quarry which lie adjacent to Carstairs Kames SSSI. This buffer shall be demarcated on the ground by suitable fencing (full details of which should be submitted to the Planning Authority for their written approval) and no works of any kind shall be permitted within this buffer zone. Reason: To safeguard the integrity of the SSSI. 24. That no other material shall be imported to the site without the prior written permission of the Planning Authority. Reason: To ensure the Planning Authority retains effective control over the importation of materials to the site. 25. No operations involving soil lifting/replacement shall take place between the months of October to March inclusive except with the prior written approval of the Planning Authority. Reason: To preserve the quality of the soils and to secure the eventual restoration of the site. 26. That within one year from the date of this permission (and each year thereafter) the operator shall submit to the Planning Authority an annual progress plan detailing:- 85
Page 86
the extent of ongoing extraction operations; areas prepared for extraction; 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; and site complaint logs and actions taken. Reason: To ensure that the Planning Authority is informed at regular intervals of the progress of the site; to assist with site monitoring; and to help inform development plan production. 27. Prior to any works commencing on site, an updated Badger Survey shall be submitted to the Planning Authority for their written approval. Reason: To safeguard ecological resources within the site. 28. The proposed screening bund within the vicinity of the Flush Burn shall be positioned at an elevation of at least 207mAOD, as confirmed within the drawing attached to the e-mail from Wardell-Armstrong dated 9 October 2024. Reason: To ensure that the bunding is positioned out with the potential flood extents of the Flush Burn. 29. That no later than 3 months from the date of decision, a guarantee to cover all site restoration and aftercare liabilities imposed on the expiry of this consent will be submitted for the written approval of the Council as Planning Authority. Such guarantee must, unless otherwise approved in writing by the Council as Planning Authority:- 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 on or 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 aftercare period unless other suitable multiple guarantee arrangements are agreed in writing by the Council as Planning Authority. For the avoidance of doubt, more than one guarantee may be agreed but any multiple guarantees shall cover the period from on or before commencement and to 12 months after the end of the aftercare period without any break in cover. 86
Page 87
No works shall begin 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. Reason: To ensure that provision is made for the restoration and aftercare of the site. 30. During all soil stripping operations, a watching archaeological brief shall be maintained at all times. Details of the extent of this watching brief, and details of actions to be taken in the event of unrecorded findings being uncovered on the site, shall be submitted to the Planning Authority for their written approval. Reason: In order to ensure that any unrecorded archaeological assets within the boundary of the site can be properly assessed and recorded. 12. Reason for Decision 12.1. The proposed development, which proposes an extension to Ryeflatt Quarry and the progressive restoration thereof, is considered to be acceptable subject to the imposition of the suite of conditions, as detailed in Section 11 above. The proposals are therefore considered to accord with the terms of policies 1, 2, 3, 4, 5, 29 and 33 of NPF4 and also with policies 1, 2, 4, 5, 13, 14, 15, 16, 19, MIN1, MIN2, MIN3, MIN5 and MIN6 of the adopted SLLDP2. David Booth Executive Director (Community and Enterprise Resources) Date: 24 March 2025 Background Papers Further information relating to the application can be found online:- P/24/1085 | Extension to existing quarry to extract sand and gravel using existing access with associated progressive restoration | Land 215M Northwest Of Woodside Cottage A70 From Carstairs To Carnwath Carstairs Junction Lanark 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 87
Page 88
88
Page 89
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1360 Proposal: Erection of 1.5 storey dwellinghouse with attached garage Site Address: Land 20M WNW of 51 Colinhill Road Colinhill Road Strathaven Applicant: Mr Ross Brown Agent: Andrew Rae Ward: 05 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News 4 December 2024 Development Plan Compliance: Yes Departures: No Recommendation: Grant subject to conditions Legal Agreement: N/A Direction to Scottish Ministers N/A 9 89
Page 90
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 site, which measures approximately 0.05 hectares in area, is located to the south of Colinhill Road, Strathaven. The site is bounded by residential properties on all sides with the Category B listed Lauder Ha’ located directly to the west of the site. The site comprises a grassed area and is predominantly flat throughout. Access to the site is taken directly from Colinhill Road. 3. Description of Proposed Development 3.1. Detailed planning permission is sought for the erection of a 1 and a half storey four- bedroom dwellinghouse with an attached garage within the site. Vehicular and pedestrian access would be taken via a new access from Colinhill Road with off-street car parking for three cars to be provided. Front and rear garden areas would also be provided within the site. 4. Relevant Planning History 4.1. Detailed planning permission was granted in October 2010 for the demolition of the adjacent dwellinghouse at 51 Colinhill Road, Strathaven and the erection of four flats across the current application site and the site of the adjacent dwellinghouse (Planning Ref: EK/10/0151). The consented development did not proceed and the consent has since expired. 5. Supporting Information 5.1. None. 6. Consultations 6.1. Environmental Services – Offered no objections to the proposed development. Response: Noted. 6.2. Roads, Transportation and Fleet Services (Development Management) – No objections subject to the inclusion of conditions relating to car parking and access matters associated with the proposals. The Service further confirmed that required visibility splays at the site access could be achieved without impacting on the wall forming part of the adjacent Listed Building at Lauder Ha’. Response: Noted. These matters could be addressed through conditions and on the decision notice if the application were to be approved. 6.3. Scottish Water – Offered no objections to the proposed development. Response: Noted. 7. Representations 7.1. Following the statutory period of neighbour notification and advertisement, a total of seven objections have been received. The issues raised are summarised as follows:- Traffic, access and road safety Parking Loss of privacy Impact on adjacent listed building and adjoining wall Impact on trees Layout and density Noise and disturbance 90
Page 91
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. 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. National Planning Framework 4 Policies Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 7 - Historic assets and places Policy 14 - Design, quality and place Policy 15 - Local Living and 20 minute neighbourhoods Policy 16 - Quality homes 8.3. South Lanarkshire Local Development Plan 2 (2021) For the purposes of determining planning applications the Council will assess proposals against the policies contained within the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In this regard the application site and associated proposals are affected by the following policies contained in the SLLDP2:- SLLDP2 Volume 1 Policies Policy 2 - Climate Change Policy 3 - General Urban Areas and Settlements Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment SLLDP2 Volume 2 Policies Policy DM1 - New Development Design Policy NHE3 – Listed Buildings 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 The site is located within the general urban area of Strathaven as designated by Policy 3 – General Urban Areas and Settlements of the South Lanarkshire Local Development Plan 2 (adopted 2021), where the principle of residential use is acceptable. As such, the principle of development of the application site to form a 91
Page 92
single dwellinghouse within the settlement is acceptable at this location in planning policy terms. 10.3. Climate Change Policies 1 and 2 of NPF4 and Policy 2 of the South Lanarkshire Local Development Plan 2 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. In this case the proposed development site is well located, being within walking distance of Strathaven town centre in addition to local schools and community facilities. As such, this is considered to be a well located site that can be developed in a manner that makes a positive impact in terms of climate change and sustainability considerations and complies with the provisions of Policies 1 and 2 of NPF4 and Policy 2 of the South Lanarkshire Local Development Plan 2. 10.4. Layout, Siting and Design Policies 14 and 15 of NPF4 relate to liveable places. Policy 14 sets out that all development should be designed to improve the quality of an area and be consistent with the six qualities of a successful place: healthy, pleasant, connected, distinctive, sustainable, and adaptable. Policy 15 seeks to encourage, promote and facilitate the application of the Place Principle. Policy 16 of NPF4 relates to Quality Homes. The policy supports small scale proposals for new homes within identified settlement boundaries. Similarly, Policies 5 – Development Management and Placemaking, DM1 – New Development Design and the Council’s Residential Design Guide (2011) seek the provision of high quality proposals that do not significantly adversely impact on surrounding amenity. 10.5. In this case the proposals relate to a relatively modest 1.5 storey dwellinghouse that would appropriately integrate with existing surrounding built development. The proposed dwelling would be of an appropriate scale relative to the application site and would not have any significant adverse impact on existing adjacent residential properties in terms of overlooking or other privacy related issues. It is noted that the site is bounded on two sides by large, mature trees, however, the proposed dwellinghouse would be located a sufficient distance away to ensure that these trees should not be adversely impacted by the proposed development. 10.6. Historic Environment 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. Similar policy is provided in Policy 14 – Natural and Historic Environment and Policy NHE3 – Listed Buildings of the South Lanarkshire Local Development Plan 2 (adopted 2021). 10.7. In this instance it is noted that the proposed development site is located adjacent to the Category B listed Lauder Ha’ and that a small section of the front wall of the listed building lies within the application site boundary. However, it has been determined that the proposed development of a relatively modest 1.5 storey dwellinghouse at this location would not have any significant adverse impact on the setting of the listed building, and it is noted that a number of existing residential properties are situated in similarly close proximity to the listed property. Furthermore, it has been determined that the development as proposed can be undertaken without there being any impact on the small section of boundary wall, which originally formed part of the site of Lauder Ha’, which sits within the application site boundary. As such, the proposals are considered to fully comply with the provisions of Policy 7 of NPF4 and Policies 14 and NHE3 of the adopted South Lanarkshire Local Development Plan 2. 92
Page 93
10.8. Technical Matters With regard to technical considerations it is noted that the Council’s Roads Transportation and Fleet Services have confirmed their satisfaction with access, parking and other relevant aspects of the proposals subject to conditions that would be attached to any consent issued. It is noted that off-street car parking provision and an appropriate vehicular access on to Colinhill Road has been included as part of the proposals. As such, there are no concerns with regard to traffic or road safety issues in this case. Similarly, the Council’s Environmental Services have confirmed that they have no concerns with regard to noise, disturbance or other environmental matters in this case. In light of all of the above, the view is taken that the proposals are fully compliant with the relevant provisions of Policies 14, 15 and 16 of National Planning Framework 4, Policies 3, 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2 and the South Lanarkshire Council Residential Design Guide in this instance. 10.9. Conclusion In summary, following a detailed assessment of the proposed development, it is considered that the proposed dwellinghouse would be appropriately sited in a sustainable location within Strathaven and would be developed in a manner that would have no significant impact on amenity, road safety or historic environment assets. The proposals are considered to be fully compliant with the relevant provisions of both National Planning Framework 4 (adopted 2023) and the South Lanarkshire Local Development Plan 2 (adopted 2021). It is therefore recommended that planning permission is granted for the proposed development, subject to the attached conditions. 11. Recommendation and Conditions 11.1. The Committee is asked to agree the following recommendation:- Grant 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 by the Council as Planning Authority. The development shall thereafter be carried out in accordance with the approved details to the satisfaction of the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That before development starts, full details of the design and location of all fences and walls, including any retaining walls to be erected on the site shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 93
Page 94
04. That before the development hereby permitted is occupied or brought into use, all the fences or walls for which the permission of the Council as Planning Authority has been obtained under the terms of Condition 3, shall be erected to the satisfaction of the Council. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 05. That no alterations to the existing wall located at the north-west corner of the site, which originally formed part of Lauder Ha’, shall be undertaken as part of the development hereby approved. Reason: To ensure there is no adverse impact on the historic asset. 06. That, unless otherwise agreed in writing with the Council as Planning Authority, provision shall be made for electrical charging points within the development for motor vehicles and mobility scooters. Prior to any works commencing on site details of the proposed arrangements shall be submitted and agreed in writing with the Council as Planning Authority. Thereafter the scheme shall be implemented to the satisfaction of the Council as Planning Authority. Reason: To ensure the provision of appropriate facilities on site. 07. That before the development hereby approved is completed or brought into use, a vehicular visibility splay of 2 metres by 20 metres measured from the edge of the carriageway shall be provided on both sides of the vehicular access and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas. Reason: In the interests of public safety. 08. That before the development hereby approved is completed or brought into use, a pedestrian visibility splay of 2.4 metres by 2.4 metres measured from the heel of the footway shall be provided on both sides of the vehicular access and everything exceeding 1.05 metres in height above this height shall be removed from the sight line areas. Reason: In the interests of public safety. 09. That before the driveway is completed or brought into use, the surface of the first 2 metres of driveway shall be so trapped to mitigate the potential for any detritus material or water to leave the access / driveway and enter the public road. Reason: In the interests of traffic safety and to prevent deleterious material entering the road. 12. Reason for Decision 12.1. The proposal would have no significant adverse impact upon amenity and complies with Policies 1, 2, 7, 14, 15 and 16 of the National Planning Framework 4 and with Policies 2, 3, 5, 14, DM1 and NHE3 of the South Lanarkshire Local Development Plan 2 (adopted 2021). 94
Page 95
David Booth Executive Director (Community and Enterprise Resources) Date: 24 March 2025 Background Papers Further information relating to the application can be found online:- P/24/1360 | Erecti on of 1.5 storey dwellinghouse with attached garage | Land 20M WNW Of 51 Colinhill Road Colinhill Road Strathaven ML10 6HF (southlanarkshire.gov.uk) Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 95
Page 96
96
Page 97
Report Agenda Item Report to: Planning Committee Date of Meeting: 1 April 2025 Report by: Executive Director (Community and Enterprise Resources) Reference no: P/24/1382 Proposal: Erection of two dwellinghouses with associated car parking and landscaping Site Address: Flattmoss Farm A726 From East Kilbride to Chapelton East Kilbride South Lanarkshire Applicant: Ms Susan Gray Agent: DTA Ward: 05 – Avondale and Stonehouse Application Type: Full Planning Permission Advert Date: East Kilbride News 18th December 2024 Development Plan Compliance: No Departures: Yes Recommendation: Refuse Legal Agreement: N/A Direction to Scottish Ministers N/A 10 97
Page 98
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, to the southwest of the existing Flattmoss House which is located off the A726, approximately 1.3 km southeast of East Kilbride. The site is located on agricultural land which was previously used for caravan and vehicle storage. A small storage shed remains in situ in the north-west corner of the site. The use of the land for caravan and vehicle storage did not have planning consent. 2.2. The site is level and roughly triangular in nature, measuring 1.4 Ha. The site is bound to the north by a line of mature conifer trees, to the west by Flattmoss House, stables and outbuildings, and to the south and east by agricultural land. The proposed properties would be accessed along a private driveway measuring approximately 220 metres off the A726 which forms the existing access to Flattmoss House. 3. Description of Proposed Development 3.1. The proposal seeks the erection of two, one and a half storey dwellings in a linked courtyard layout. The properties would be set within substantial grounds with three car parking spaces identified in the plans for each property. The site would be bound by a proposed hedge mix of Holly, Juniper and Rowan and 8 Silver Birch trees. 3.2. The proposed dwellings would contain a lounge, kitchen, utility, WC, dining and family rooms on the ground floor with 4 bedrooms and bathroom on the upper floor. The design and layout of the properties would be of a traditional courtyard arrangement with dormer windows within the roof space. No details of the proposed external finishing materials are included in the application plans. 4. Relevant Planning History 4.1. Planning applications P/22/1677 and P/22/1678 for the erection of a detached dwelling and garage were refused under delegated powers on 27 July 2023. The refusal of these applications was the subject of a request for review before the Planning Local Review Body (PLRB) on 12 February 2024. The PLRB decided to uphold the decisions taken by officers to refuse the applications. The current application relates to the same site as the previous applications which were separated into two plots. The current application has been amended to include two dwellings with a different layout and design. 5. Supporting Information 5.1. No supporting information or justification for locational need within the Green Belt was submitted with the application. 6 Consultations 6.1. Roads Development Management – No objection subject to conditions relating to visibility splays, EV charging, surfacing, the provision of passing places and parking. Response: Noted. These matters could be addressed through conditions and advisory notes if the application was to be approved. 98
Page 99
6.2. Environmental Services – No objection to the proposal. Requested advisory notes relating to construction noise, contamination caution and septic tank. Response: Noted. These matters could be addressed through the inclusion of advisory notes on the decision notice if the application was to be approved. 7 Representations 7.1. Following the statutory period of neighbour notification and advertisement, no valid representations have been received. 8. Development Plan 8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. 8.2. National Planning Framework 4 (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 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 two dwellings with the associated car parking and landscaping. 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. 99
Page 100
10.2. Principle of Development In terms of the principle of the development, as the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts applies. This policy sets out the types of development that would be supported in the Green Belt which includes:- development associated with agriculture, woodlands, and forestry accommodation for an essential worker horticulture outdoor recreation, play and sport, leisure and tourism uses flood risk management proposals essential infrastructure or new cemetery provision mineral operations and renewable energy intensification of established uses, including extensions to an existing building where that is ancillary to the main use the reuse, rehabilitation and conversion of historic environment assets one-for-one replacements of existing permanent homes Developments in these categories are also required to demonstrate a specific locational need, that would not undermine the purpose of the Green Belt and would require to be compatible with the surrounding established countryside and landscape character. 10.3. SLLDP2 Policy 4 - Green Belt and Rural Area would also be relevant to this proposal. This states that the purpose of the Green Belt is to; direct development to the most appropriate locations and support regeneration, protect and enhance the character, landscape setting and identity of the settlement, and protect and provide access to open space. Development which does not require to locate in the countryside will be expected to be accommodated within the settlements identified on the proposals map. 10.4. Policy GBRA5 Redevelopment of Previously Developed Land Containing Buildings advises that within the Green Belt and Rural Area proposals shall comply with the following criteria:- New buildings shall generally occupy the same position on the site as those that are to be replaced. The physical footprint of the new buildings shall not normally exceed that of the existing buildings in terms of floor area, unless it can be shown that there will not be a detrimental landscape impact or that the cost of rehabilitating the site requires the provision of additional units. In exceptional circumstances and within the Rural Area only, new development may extend to the existing physical limit of built development within the site, including any hardstanding areas. However, justification through the submission of a design statement will be required to show why this is necessary. The proposed houses shall be of a number, scale and design appropriate to the landscape setting, and to the services and infrastructure available at the location. The new development shall be in keeping with the main features of the landscape and integrate positively with its surroundings. The location, siting and design of the new house(s) shall meet existing rural design policy and guidance as set out in Policy GBRA1 and in supporting planning guidance. Generally, the design, appearance and materials of the proposed house(s) shall be complementary to the rural setting of the site and shall respect the character and amenity of the local area. 100
Page 101
10.5. No specific locational justification has been provided for the erection of two dwellings at this location within the Green Belt. In policy terms, it is considered that there is no justification for the erection of the new dwellings 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 GBRA5, Redevelopment of Previously Developed Land Containing Buildings, although there were a range of dilapidated vehicles at the site, the only structure is a small metal and timber shed in the north-east corner and there are no defined physical footprints or hardstanding for any previous buildings on the remainder of the site as it has not previously been developed with buildings. In terms of the additional Green Belt and Rural Area policies, the site is not a business proposal, is not a conversion or reuse of existing buildings, is not a replacement house, small scale settlement extension, gap site or a consolidation of an existing building group. 10.7. The erection of two dwellings at this location would not contribute to local living and, in summary, it is considered that there is no justification in policy terms for two new four bedroom dwellings 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 two new dwellings 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, GBRA5 and related GBRA policies. 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. There is no justification for two new dwellings in the Green Belt and it is considered that two four bedroom dwellings 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. In terms of their location, new homes will be supported on land allocated for housing in LDPs and in other specified circumstances, including where new homes improve affordability and choice or in limited circumstances where the proposal is otherwise consistent with the spatial strategy and other relevant policies. SLLDP2 Policies 5 - Development Management and Placemaking and GBRA1 – Rural Design and Development state that development proposals should take account of and be integrated within the local 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 dwellings are not a material consideration in this instance as the principle is unsupportable. However, the design of the proposal is considered to be rural in character. As the proposed dwelling is within the Green 101
Page 102
Belt without a locational need, it cannot be considered as a sustainable location. The proposed dwelling 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. The application form states that the proposal will connect to the existing public water supply network. Private treatment is proposed for wastewater with a septic tank sewage treatment system with outflow to soakaway. 10.12. As detailed above, the required justification for new dwellings in the Green Belt, set out in the NPF4 and the SLLDP2 has not been provided. The proposal is not development associated with agriculture, woodlands, or forestry, is not redevelopment of previously developed land and does not provide accommodation for an essential agricultural worker. 10.13. 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 two new dwellings 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 - Green Belt and Rural Area 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 would be contrary to Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings of the South Lanarkshire Local Development Plan 2 (2021) as the land proposed for development has not previously contained buildings. 102
Page 103
04. The proposal is contrary to Policy 5 - Development Management and Placemaking 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. 05. 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 March 2025 Background Papers Further information relating to the application can be found online:- P/24/1382 | Erection of two dwellinghouse's with associated car parking and landscaping | Flattmoss Caravan Site Flattmoss Farm A726 From East Kilbride To Chapelton East Kilbride Glasgow South Lanarkshire Corporate Considerations The report raises no impacts or risks in terms of equalities or financial implications. Any implications in terms of climate change, sustainability or the environment will have been considered above in terms of the relevant national and local policies. Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tel: 01698 454867 E-mail: planning@southlanarkshire.gov.uk 103
Page 104
104