Agenda Document Pack - Planning Committee - 09/05/2023
South Lanarkshire Council · 9 May 2023
Back to Planning Committee — 9 May 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Tuesday, 02 May 2023 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, 09 May 2023 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Cleland Sneddon 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, Mary Donnelly, Gladys Ferguson-Miller, Elise Frame, Alistair Fulton, Celine Handibode, Mark Horsham, Ross Lambie, Monique McAdams, 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, Graeme Horne, Martin Hose, Julia Marrs, Ian McAllan, Kenny McCreary, Bert Thomson 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the Planning Committee held on 21 March 2023 submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Application P/19/0097 for Erection of 3 Wind Turbines with a Blade Tip Height of 24.8 Metres and a Hub Height of 18.3 Metres at Land 210 Metres West of O'Cathian House, Hayhill Road, Thorntonhall Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 11 - 20 4 Application P/19/0587 for Residential Development (12 Detached Houses and Associated Garages) at Land 47 Metres Southwest of 11 Waterlands Road, Waterlands Road, Law, Carluke Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 21 - 32 5 Application P/20/0969 for Erection of 3 Houses and Formation of Vehicle Access at Land 80 Metres North of Meadowfield Farm, Lanark Road, Braidwood, Carluke Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 33 - 44 6 Application P/20/1268 for Demolition of Farmhouse and Associated Buildings and Erection of 11 Houses with Access Road, Parking Provision and Associated Works at West Mains Farm, Manse Road, Stonehouse, Larkhall Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 45 - 54 7 Application P/22/1096 for Erection of Single Storey Detached House and Double Garage at Woodend, Mousebank Road, Lanark Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 55 - 64 8 Application P/22/1122 for Erection of Single House with Associated Access and Parking at Land at Peel Road, Thorntonhall Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 65 - 76 9 Application P/22/1503 for Erection of Extension to 3 Warehouses at John Dewar Whisky, Access from B7078 to Dalquhandy Quarry, Douglas, Lanark Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 77 - 86 10 Application P/22/1746 for Change of Use from Vacant Office (Class 4) to Cafe/Bistro/Restaurant (Class 3) with Associated External Seating Area at David Dale's House, Rosedale Street, New Lanark, Lanark Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 87 - 98 2
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11 Application P/22/1751 for Use of Vacant Ground as External Activity Area Associated with Adjacent Childcare Premises at Block 7, South Avenue, Blantyre Industrial Estate, Blantyre Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 99 - 106 12 Application P/22/1764 for Erection of 12 Flats with Associated Vehicular Access, Parking and Landscaping (Amendment to Consent P/22/0927) at Low Waters Miners Welfare and Social Club, 4 Alness Street, Hamilton Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 107 - 118 13 Application P/22/1789 for Formation of 2 House Plots at Lockhart Mill Farm, C4 from Greentowers Road to Mousebank Road, Lanark Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 119 - 128 14 Application P/23/0015 for Erection of Community Workshop (Sui Generis) with Associated Vehicle Access Yard, Boundary Treatments, Parking and Access at Land Northeast of Scottish Equestrian Centre, Hyndford Road, Lanark Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 129 - 142 15 Application P/23/0036 for Erection of Community Enterprise Centre (Class 10) Including Office Space, Training Kitchen, Multi-Purpose Rooms and a Bicycle Workshop and Retail (Class 1) and Associated Access, Parking, Fencing and Landscaping at Land Northeast of Scottish Equestrian Centre, Hyndford Road, Lanark Report dated 28 April 2023 by the Executive Director (Community and Enterprise Resources). (Copy attached) 143 - 154 Urgent Business 16 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 21 March 2023 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 Mary Donnelly, Councillor Gladys Ferguson-Miller, Councillor Elise Frame, Councillor Alistair Fulton, Councillor Celine Handibode, Councillor Mark Horsham, Councillor Ross Lambie, Councillor Davie McLachlan, Councillor Julia Marrs (substitute for Councillor Dr Ali Salamati), Councillor Norman Rae, Councillor John Ross, Councillor Graham Scott, Councillor David Shearer, Councillor Helen Toner, Councillor David Watson Councillors’ Apologies: Councillor Joe Fagan (ex officio), Councillor Monique McAdams, Councillor Lesley McDonald, Councillor Dr Ali Salamati Attending: Community and Enterprise Resources B Darroch, Planning and Building Standards Manager (East); F Carlin, Head of Planning and Regulatory Services; T Finn, Planning and Building Standards Manager (Headquarters); I Morton, Team Leader; S Laird, Engineering Manager (Transportation Engineering); F Jack, Team Leader, Development Management Team, Roads and Transportation Services Finance and Corporate Resources M Cannon, Solicitor; M Gordon, Administration Assistant; S McLeod, Administration Officer; L Wyllie, Administration Assistant 1 Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 24 January 2023 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 National Planning Framework 4 - Update A report dated 10 March 2023 by the Executive Director (Community and Enterprise Resources) was submitted:- advising of transitional arrangements for National Planning Framework 4 (NPF4) that had been published by the Scottish Government summarising the key issues contained within the NPF4 document and their contribution to future decision-making in relation to planning matters 2 5
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NPF4 had been formally adopted and published by Scottish Ministers on 13 February 2023. At the same time, provisions in the Planning (Scotland) Act 2019 had given NPF4 the status of being part of the statutory development plan, alongside Local Development Plans, with immediate effect. There was a 6-week period from 13 February 2023 during which a legal challenge could be made to the courts. A letter from the Chief Planner and the Minister for Public Finance, Planning and Community Wealth, which set out the transitional arrangements for NPF4, had been published on 8 February 2023 and was attached as an appendix to the report. The main implications in terms of the development plan could be summarised as follows:- NPF4 had superseded the previous National Planning Framework 3 and Scottish Planning Policy Strategic Development Plans (SDPs) had ceased to have effect and no longer formed part of the development plan. The Planning (Scotland) Act 2019 and NPF4 allowed local authorities to come together to prepare Regional Spatial Strategies to inform the direction of Local Development Plans. Regulations on how the Regional Spatial Strategies were to be prepared had not yet been published Local Development Plans which had already been adopted would continue to form part of the development plan. Existing Local Development Plan land allocations would be maintained. Legislation stated that, in the event of any incompatibility between a provision of NPF4 and a provision in a Local Development Plan, whichever was produced later would take precedence the Act required planning authorities to prepare a Local Development Plan for their areas at least every 10 years. It was expected that the new style of Local Development Plans introduced under the Act would be in place within approximately 5 years of the new development plan regulations coming into force. It was anticipated that the new development plan regulations would come into force in the spring of 2023 The letter also highlighted that the 33 national policies contained in NPF4 must be read and applied as a whole when assessing applications. Potential conflict between policies could be expected and, in such cases, the factors for and against development should be weighed before coming to a judgement. It should be noted that the 6 spatial principles included in NPF4 (Just Transition, Conserving and Recycling Assets, Local Living, Compact Urban Growth, Rebalanced Development and Rural Revitalisation) were to be used in developing the strategy and proposals in Local Development Plans and not applied unilaterally to decision-making on planning applications. The adoption of NPF4 formed a significant element of the Scottish Government’s reform of the planning system. It sought to align decision-making on planning applications and the future direction of Local Development Plans to the wider policy agenda for Scotland. There was a clear expectation that the planning process would contribute to delivering the national outcomes in the National Performance Framework and the United Nations’ Sustainable Development Goals. Key themes included radical change to tackle and adapt to climate change, restoring biodiversity, improving health and wellbeing, reducing inequalities, building a wellbeing economy and creating high quality places. The adopted South Lanarkshire Local Development Plan 2 (SLLDP2) was part of the development plan and would continue to have a significant role in decision-making. An initial assessment had found that NPF4 and SLLDP2 were generally complimentary, although there were differences which would become apparent through their application. However, there were several areas in NPF4 where there was no, or very little, policy position in SLLDP2 and further guidance from the Scottish Government would be critical in ensuring that national policies were fully and properly taken into account. 6
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In the longer term, the Scottish Government had advised that the regulations for the preparation of Local Development Plans, Open Space Strategies and Play Sufficiency Assessments would be laid before the Scottish Parliament during the spring and summer of 2023 and, thereafter, would be approved and published. Work on the preparation of the Council’s Local Development Plan 3 would then start formally and a report would be brought to this Committee at the appropriate time outlining the steps and timescales involved. There followed a discussion on the report during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that the transitional arrangements for National Planning Framework 4 that had been published by the Scottish Government and the associated implications for decision- making in relation to planning matters be noted. [Reference: Minutes of 24 January 2023 (Paragraph 3)] 4 Changes to General Permitted Development Rights and Use Classes Order - Update A report dated 28 February 2023 by the Executive Director (Community and Enterprise Resources) was submitted advising of changes to the:- Town and Country Planning (General Permitted Development) (Scotland) Order 1992 Town and Country Planning (Use Classes) (Scotland) Order 1997 The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GPDO) granted planning permission for specific types of development without a planning application requiring to be submitted. These grants were known as permitted development rights. The Town and Country Planning (Use Classes) (Scotland) Order 1997 (UCO) grouped together various land uses into separate classes. Changes of use within a single class did not constitute development for planning purposes and, therefore, planning permission was not required. The Scottish Government had been carrying out a review of Permitted Development Rights (PDR) as part of its wider planning reform programme. Phase 2 of this review focused on measures to help support the following:- rollout of electric vehicle (EV) charging infrastructure resilience and recovery of city, town and local centres operational development at Scottish ports Details of the changes in terms of the rollout of EV charging infrastructure and the resilience and recovery of city, town and local centres, which would come into force on 31 March 2023, were provided in the report. The changes relating to town and local centres would allow movement between compatible uses to be carried out without the need for planning permission, however, the Council would be able to operate controls through roads legislation and licensing provisions. The Committee decided: that the changes to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 and the Town and Country Planning (Use Classes) (Scotland) Order 1997 be noted. 7
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5 Review of Legacy Planning Applications A report dated 9 March 2023 by the Executive Director (Community and Enterprise Resources) was submitted on planning applications which had been approved by the Committee but for which consents had not been issued due to delays or failure to complete the associated Planning Obligations. The Planning Service had undertaken a review of planning applications which were over a year old and for which the required Planning Obligation had not been concluded. Where little or no progress had been made, the applicant/agent had been contacted to seek a conclusion to the matter and allow a decision notice to be issued. Currently, 3 applications fell into this category and it appeared unlikely that the applications would be concluded in the near future, if at all. The relevant applications were detailed in the appendix to the report as follows:- P/20/1847 for erection of residential (over 55’s community) houses, 60 bedroom care home, associated onsite commercial centre and leisure facilities, and associated roads, access, landscaping, open space, parking and supporting infrastructure (Planning Permission in Principle) at Kersewell Mains Farm, Kersewell P/21/0739 for erection of houses, formation of vehicular access, parking and landscaping (Planning Permission in Principle) at land adjacent to 129 Main Street, Blantyre HM/15/0487 for Residential Development (Planning Permission in Principle) at land at Strathaven Road, West Mains, Stonehouse It was proposed that the applications be refused for the reasons detailed in respect of each, as outlined in the appendix to the report. It was noted within the report that National Planning Framework 4, which had been laid before the Scottish Parliament on 8 November 2022 and adopted by Scottish Ministers on 13 February 2023, had not introduced any policy implications that conflicted with the original recommendations made to this Committee in respect of the 3 applications. Accordingly, there were no further reasons proposed for refusal other than those relating to the respective Planning Obligations. There followed a discussion on the report during which an officer responded to a member’s question on an aspect of the report. The Committee decided: that the planning applications detailed in the appendix to the report be refused for the reasons detailed for each application. [Reference: Minutes of 26 April 2016 (Paragraph 6), 10 August 2021 (Paragraph 9) and 29 March 2022 (Paragraph 2)] 6 Application P/20/0548 for Demolition of Existing Farm Steading and Erection of Residential Development Comprising 15 Houses with Roads, Landscaping and Other Associated Works, Including Stabilisation Works to Gilbertfield Castle, Gilbertfield Farm, Gilbertfield Road, Cambuslang A report dated 9 March 2023 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/20/0548 by R Taylor and Sons for the demolition of an existing farm steading and erection of a residential development comprising of 15 houses with roads, landscaping and other associated works, including stabilisation works to Gilbertfield Castle, Gilbertfield Farm, Gilbertfield Road, Cambuslang. There followed a discussion on the report during which an officer responded to members’ questions on aspects of the report. 8
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The Committee decided: that application P/20/0548 by R Taylor and Sons for the demolition of an existing farm steading and erection of a residential development comprising of 15 houses with roads, landscaping and other associated works, including stabilisation works to Gilbertfield Castle, Gilbertfield Farm, Gilbertfield Road, Cambuslang be refused for the reasons detailed in the Executive Director’s report. 7 Application P/21/1764 for Erection of up to 1,012 Dwellings, 3 Retail Units (Class 1), 1 Office Unit (Class 2), 1 Business Unit (Class 4), 1 Nursery (Class 10) and Associated Access, Parking, SuDS Basins and Landscaping (Planning Permission in Principle) at Langlands West, Auldhouse Road, East Kilbride The Chair advised that this application had been withdrawn at the request of the applicant. The Committee decided: to note the position. 8 Application P/22/1030 for Erection of 18 Houses and Associated Infrastructure at Site of Former Netherburn Primary School, Draffan Road, Netherburn, Larkhall A report dated 9 March 2023 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/1030 by C and S Partnership Homes for the erection of 18 houses and associated infrastructure at the site of the former Netherburn Primary School, Draffan Road, Netherburn, Larkhall. 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 report during which an officer responded to a member’s question on an aspect of the report. The Committee decided: (1) that planning application P/22/1030 by C and S Partnership Homes for the erection of 18 houses and associated infrastructure at the site of the former Netherburn Primary School, Draffan Road, Netherburn, Larkhall be granted subject to:- the conditions specified in the Executive Director’s report prior conclusion of a Section 75 Agreement and/or other appropriate agreement between the Council and the applicant to ensure a financial contribution in relation to the phasing, improvement and upgrading of community facilities the applicant meeting the Council’s costs associated with the legal agreement (2) that it be noted that, in accordance with the agreed procedure, should there be no significant progress by the applicant towards the conclusion of the Legal Agreement within 6 months of the date of the meeting at which the application was considered, the proposed development could be refused on the basis that, without the planning control or developer contribution which could be secured by the Legal Agreement, the proposed development would be unacceptable; and 9
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(3) that it be noted that, if the Legal Agreement had not been concluded within the 6 month period but was progressing satisfactorily, the applicant would be offered the opportunity to enter into a Processing Agreement, if this was not already in place, which would set an alternative agreed timescale for the conclusion of the Legal Agreement. [Reference: Minutes of 7 July 2015 (Paragraph 15)] 9 Application P/22/1377 for Substitution of House Types (Amendment to P/20/0023 for the Erection of 190 Houses with Associated Roads, Drainage, Landscaping and Open Space) at Land 360 Metres North Northeast of Hallside Manse, Manse Brae, Cambuslang A report dated 9 March 2023 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/1377 by the Walker Group for the substitution of house types (amendment to P/20/0023 for the erection of 190 houses with associated roads, drainage, landscaping and open space) at land 360 metres north northeast of Hallside Manse, Manse Brae, Cambuslang. The Committee decided: that application P/22/1377 by the Walker Group for the substitution of house types (amendment to P/20/0023 for the erection of 190 houses with associated roads, drainage, landscaping and open space) at land 360 metres north northeast of Hallside Manse, Manse Brae, Cambuslang be granted subject to the conditions specified in the Executive Director’s Report. [Reference: Minutes of 8 June 2021 (Paragraph 4)] 10 Urgent Business There were no items of urgent business. 10
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/19/0097 Erection of 3 no. wind turbines with a blade tip height of 24.8m and a hub height of 18.3m 1 Summary application information Amended • Application type: Detailed planning application • Applicant: Jackton Estates Limited • Location: Land 210m West of O’Cathian House Hayhill Road Thorntonhall South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse the application for the reasons attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Ica Architects Ltd ♦ Council Area/Ward: 09 East Kilbride West ♦ Policy Reference(s): National Planning Framework 4 Policy 1 Tackling the Climate and Nature Crises Policy 2 Climate Mitigation and Adaptation Policy 8 Green Belts Policy 11 Energy Policy 23 Health and Safety Adopted South Lanarkshire Local Development Plan 2 Policy 1 Spatial Strategy Policy 2 Climate Change Policy 4 Green Belt and Rural Area 3 11
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Policy 5 Development Management and Placemaking Policy 18 Renewable Energy Policy DM1 New Development Design Policy GBRA2 Business Proposals within Green Belt and Rural Area Policy RE1 Renewable Energy Adopted South Lanarkshire Local Development Plan 2 – Supporting Planning Guidance Renewable Energy ♦ Representation(s): ► 1 Objection Letters ► 0 Support Letters ► 1 Comment Letters ♦ Consultation(s): National Air Traffic Services Limited Roads Development Management Team Environmental Services Prestwick Airport Scottish Water West of Scotland Archaeology Service Historic Environment Scotland SP Energy Networks Countryside and Greenspace SEPA West Region BAA Glasgow Jackton and Thorntonhall Community Council MoD (Windfarms) RSPB Scotland Nature Scot TRANSCO 12
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Planning Application Report 1 Application Site 1.1 The application site is located on land to the west of O’Cathian House, Hayhill Road, Thorntonhall. Further new residential properties are being developed to the south of Hayhill Road. The proposed turbines are located in an area of arable land and livestock pasture. 2 Proposal(s) 2.1 Planning permission is sought for the erection of 3 no. wind turbines with a blade tip height of 24.8m and a hub height of 18.3m. The turbines would be twin blade lattice towers and linked by underground cabling to the distillery and the wider grid network. The turbines would have a life of 25 years and the power would be used on site for the distillery with any excess exported to the grid. The site will be accessed via the existing distillery commercial access delivery road to the west of the distillery. 3 Development Plan 3.1 National Planning Framework 4 3.1.1 The National Planning Framework 4 was approved by the Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. NPF4 aims to encourage low and zero carbon design and energy efficiency, development that is accessible by sustainable travel, and expansion of renewable energy generation whilst stressing the need to ensure the right development happens in the right place. 3.1.2 In respect of NPF4 the following policies are of particular relevance in the assessment of this proposal:- Policy 1 Tackling the Climate and Nature Crises Policy 2 Climate Mitigation and Adaptation Policy 8 Green Belts Policy 11 Energy Policy 23 Health and Safety 3.2 South Lanarkshire Local Development Plan 2 3.2.1 The site is identified within the Adopted South Lanarkshire Local Development Plan 2 (2021) (SLLDP2) as being located within the Green Belt. The following policies require to be taken into consideration:- Policy 1 Spatial Strategy Policy 2 Climate Change Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking Policy 18 Renewable Energy Policy DM1 New Development Design Policy GBRA2 Business Proposals within Green Belt and Rural Area Policy RE1 Renewable Energy 3.2.2 In addition, the Council has prepared Supporting Planning Guidance on Renewable Energy which provides further detailed advice and requirements for renewable energy developments. 13
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3.3 Planning Background 3.3.1 Prior to the current planning application, a previous planning application (Reference EK/10/0354) for the erection of a single wind turbine of 24.8m in height was withdrawn following an unresolved objection by BAA Glasgow Airport on the grounds of air safety as it conflicts with safeguarding criteria. 3.3.2 The applicant submitted a number of documents in support of the current application which included a Visual Impact and Development Document, Turbine Installation Manual, Preliminary Ecology Report and a Delivery Information Document. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management) – raised no objections to the proposed development subject to conditions in respect of turbine delivery vehicle access and turning areas. Response: Noted. Should planning permission be approved appropriate conditions could be attached to any decision issued. 4.2 Environmental Services – requested further information including a site and turbine specific Noise Impact Assessment and cumulative noise assessment. This information had not been requested as there are unresolved air safety objections. Response: Noted. Should planning permission be approved appropriate conditions relating to Noise Impact Assessment could be attached to any decision issued. 4.3 Historic Environment Scotland – no comments in respect of the proposed development. Response – Noted 4.4 West of Scotland Arcaeology Service – no objections to the proposed development. Response – Noted 4.5 Scottish Water – no objections to the proposed development. Response – Noted 4.6 Nature Scot – no comments in respect of the proposed development. Response – Noted 4.7 SEPA – provided standing advice in respect of the proposed development. Response – Noted 4.8 TRANSCO – no comments in respect of the proposed development. Response – Noted 4.9 National Air Traffic Systems Ltd (NATS) – object on the grounds of aviation safety in regard the turbines impacting upon the aviation PSR RADAR system at Glasgow and en-route Prestwick air traffic control (ATC). Response: Noted. 4.10 BAA Glasgow – objects to the proposed turbine development as the development has been examined from an aerodrome safeguarding perspective and the proposal conflicts with safeguarding criteria. It was noted that the proposed development may benefit from an approved mitigation technology (Terma). This could allow the objection to be removed, but is subject to:- 14
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⧫ specific technical and operational evaluation by Glasgow Airport ⧫ formal agreement between Glasgow Airport and the applicant Response: The applicant initiated a process of obtaining a commercial agreement with Glasgow Airport in respect of a Radar Mitigation Scheme. No confirmation has been provided by the applicant of an agreement in respect of a Radar Mitigation Scheme having been concluded. 4.11 Prestwick Airport (Windfarms and Metmasts) – no objections to the proposed development as the development is terrain shielded from Prestwick Airport primary radar, and thus does not pose an aviation safety concern to Prestwick Airport operational airspace. Response: Noted. 4.12 Ministry of Defence (Wind Farms) – no objections subject to a condition in respect of notification in writing to the MoD at least 14 days prior to commencement of works. Response: Noted. Should planning permission be approved, appropriate conditions can be attached. 4.13 Countryside and Greenspace – raised no objections to the proposed development. Response: Noted. 4.14 SP Energy Networks – no response to date. 4.15 Auldhouse and Chapelton Community Council – no response to date. 4.16 RSPB Scotland – no response to date. 5 Representation(s) 5.1 Following the statutory period of neighbour notification and advertisement, a total of 2 representations have been received (1 objection, 1 Comment) as defined in the scheme of delegation:- ⧫ visual impact ⧫ habitat and wildlife protection The above issues will be considered in the assessment below and full copies are available on the planning portal. 6 Assessment and Conclusions 6.1 Under the terms of 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. In this case, the Development Plan comprises the approved National Planning Framework 4 2023 (NPF4) and the adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). 6.2 Policies 18 and RE1 require renewable energy proposals to be assessed against the Checklist and other relevant policies of SLLDP2. Following a detailed assessment of the proposed turbine development the key issues are set out below. 6.3 Impacts on aviation and defence and transmitting or receiving systems: As noted earlier there is an objection from National Air Traffic Systems Limited (NATS) in relation to the proposals having a detrimental impact upon the aviation PSR RADAR system at Glasgow and en-route Prestwick ATC and, therefore, aviation safety. 15
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In addition, Glasgow Airport objected to the proposed development having examined the proposal from an aerodrome safeguarding perspective as the proposal conflicts with safeguarding criteria. It was noted that the proposed development may benefit from an approved mitigation technology (Terma). This could allow the objection to be removed, however, this would be subject to a specific technical and operational evaluation by Glasgow Airport and a formal agreement between Glasgow Airport and the applicant. The applicant initiated a process of obtaining a commercial agreement with Glasgow Airport in respect of a Radar Mitigation Scheme. No confirmation has been provided by the applicant of an agreement in respect of a Radar Mitigation Scheme having been concluded. Given the outstanding objection from NATs and Glasgow Airport and there being no confirmation that a Radar Mitigation Scheme has been concluded, the proposal is considered to have unresolved air safety impacts. 6.4 Landscape and visual impacts including landscape capacity and cumulative developments: A Visual Impact and Development Document was submitted as part of the application. This consisted of six photomontages, however, no Landscape and Visual Impact Assessment report or Zone of Theoretical Visibility map have been provided. 6.5 In terms of Landscape Impact the application site is located on the edge of Plateau Farmland and the Urban Fringe Farmland Character Type (LCT), as defined in the South Lanarkshire Landscape Character Assessment 2010 (LCA). Given the medium scale of the turbine in the landscape, I am satisfied that the proposed turbines would not have a significant, detrimental impact upon the landscape character of these Landscape Character Types. 6.6 In terms of general visual impact, it is considered that the height of the turbines, at 24.8m to blade tip, and their location would result in visual impact occurring across the surrounding area. It is considered that the visual impact of the proposed turbines is significantly detrimental to the closest residential properties and that the turbines would be prominent in views from the A726 Glasgow Southern Orbital Road and from the southern edge of East Kilbride including the new residential developments north of Hayhill Road and Eaglesham Road and Thorntonhall. 6.7 Impacts on communities and individual dwellings, including visual impact, residential amenity, noise and shadow flicker: The impact of the proposed development on communities and individual dwellings requires to be assessed. It is noted that a Residential Visual Amenity Study (RVAS) has not been carried out. The Visual Impact and Development Document does, however, demonstrate that significant visual effects are predicted from the turbines at Viewpoints (VP) 2, 3, 4, 5 and 6 where the turbine would be prominent in views from residential areas of East Kilbride and Thorntonhall and would have a significantly detrimental effect on the residential visual amenity of the closest residential properties, recent developments to the south of Eaglesham Road and consented properties under construction to the south of Hayhill Road. A noise assessment or shadow flicker assessment have not been submitted. Environmental Services requested further information including a site and turbine specific Noise Impact Assessment and cumulative noise assessment. This information had not been requested as there are unresolved air safety objections. 16
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6.8 In conclusion, NPF4 supports renewable energy development in the right places provided the impacts of the proposed development can be mitigated. A full assessment of the proposals against the Development Plan has been carried out above. South Lanarkshire Council continues to support meeting renewable energy targets and has a suite of development plan and strategic documents to ensure the Council area continues to promote suitable renewable development. However, in this instance, following the above assessment, it is considered that, due to the outstanding objections from NATs, Glasgow Airport and no confirmation having been provided by the applicant of an agreement in respect of a Radar Mitigation Scheme having been concluded, the proposal is considered to have unresolved air safety impacts as well as the proposed turbines having an unacceptable visual impact, therefore, on balance, the proposals do not comply with policy. The detrimental impact of the proposal outweighs the renewable energy gain and therefore it is recommended that planning permission be refused. 7 Reasons for Decision 7.1 The proposed turbines would have an adverse impact on aviation safety where appropriate mitigation has not been proposed to address this matter and the turbines would also result in an unacceptable impact on visual amenity of the area. The proposal would, therefore, be contrary to NPF4 Policy 11 and Policies 18, RE1 and Criteria 3 and Criteria 15 of the Assessment Checklist for Renewable Energy of the adopted South Lanarkshire Local Development Plan 2 (2021) and South Lanarkshire Local Development Plan 2 Supporting Planning Guidance Renewable Energy 2021. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references Planning Application EK/10/0354 - withdrawn List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 26 February 2019 ► Consultations National Air Traffic Services Ltd 19.03.2019 & 27.03.2019 Roads Development Management Team 18.03.2019 Environmental Services 08.03.2019 Prestwick Airport 13.03.2019 Scottish Water 05.03.2019 West of Scotland Archaeology Service 27.02.2019 Historic Environment Scotland 05.03.2019 17
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Countryside and Greenspace 15.03.2019 SEPA West Region 15.03.2019 BAA Glasgow Airport 15.03.2019 & 04.06.2019 MoD (Windfarms) 11.03.2019 Nature.Scot 28.02.2019 TRANSCO 21.03.2019 ► Representations Dated: Joe Allan, 94 Franklin Place, Westwood, East Kilbride, G75 8LS 12.03.2019 Mrs Catherine Kerr, 27 Pelham Court, Jackton, East Kilbride, G74 5PZ 06.03.2019 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Iain Morton, Team Leader, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 075518 422 788 Email: iain.morton@southlanarkshire.gov.uk 18
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Detailed planning application Paper apart – Application number: P/19/0097 Reasons for refusal 01. The proposal would have an adverse impact on aviation safety and appropriate mitigation has not been proposed to address this matter. As a result, the proposals are contrary to Policy 11 of the National Planning Framework 4 (2023). 02. The proposal would result in an unacceptable impact on the visual amenity of the area. As such, the proposal is contrary to Policy 11 of the National Planning Framework 4 (2023). 03. The proposal would have an adverse impact on aviation safety and appropriate mitigation has not been proposed to address this matter. As a result, the proposals are contrary to Policy 18 of the adopted South Lanarkshire Local Development Plan 2 (2021). 04. The proposal would have an adverse impact on aviation safety and appropriate mitigation has not been proposed to address this matter. As such the proposal is contrary to Policy RE1 and Criteria 15 the Assessment Checklist for Renewable Energy of the adopted South Lanarkshire Local Development Plan 2 (2021) and South Lanarkshire Local Development Plan 2 Supporting Planning Guidance Renewable Energy 2021. 05. The proposal would result in an unacceptable impact on the visual amenity of the area. As such the proposal is contrary to Policy 18 of the South Lanarkshire Local Development Plan 2 (2021). 06. The proposal would result in an unacceptable impact on the visual amenity of the area. As such the proposal is contrary to Policy RE1 and Criteria 3 the Assessment Checklist for Renewable Energy of the adopted South Lanarkshire Local Plan 2 (2021) and South Lanarkshire Local Development Plan 2 Supporting Planning Guidance for Renewable Energy 2021. 19
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/19/0587 Residential Development (12 detached dwellinghouses and associated garages) 1 Summary application information Amended Application type: Detailed planning application Applicant: RoCo Property Development Limited Location: Land 47M Southwest of 11 Waterlands Road Waterlands Road Law Carluke South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse detailed planning permission (for reasons stated). [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: DTA Chartered Architects ♦ Council Area/Ward: 01 Clydesdale West ♦ Policy Reference(s): National Planning Framework 4 (2023) Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 3 – Biodiversity Policy 4 – Natural Places Policy 6 – Forestry, woodland and trees Policy 13 – Sustainable Transport Policy 14 – Design, quality and place Policy 15 – Local living and 20 minute neighbourhoods 4 21
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Policy 16 – Quality Homes Policy 22 – Flood risk and water management South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 1 Spatial Strategy Policy 2 Climate Change Policy 3 General Urban Area/Settlements Policy 5 Development Management and Placemaking Policy 7 Community Infrastructure Assessment Policy 13 Green Network and Greenspace Policy 14 Natural and Historic Environment Policy 15 Travel and Transport Policy 16 Water Environment and Flooding Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 Sustainable Transport Policy NHE13 Forestry and Woodland Policy NHE20 Biodiversity ♦ Representation(s): ► 1 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Network Rail Roads Development Management Team Countryside and Greenspace Strathclyde Partnership for Transport (SPT) Community and Enterprise Resources - Play Provision Community Contributions The Coal Authority Planning and Local Authority Liaison Department Environmental Services 22
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Planning Application Report 1 Application Site 1.1 The application site (0.87 Ha) is an area of greenfield land situated on the southwest side of Waterlands Road, Law between Waterlands Road and the adjacent West Coast Main Line. The area to the north, on the eastern side of Waterlands Road, is residential. The application site, and the wider area of green network land in which it sits, all lie within the settlement boundary of Law. 2 Proposal(s) 2.1 The application seeks planning permission for a residential development of 12 detached dwellinghouses and associated garages. The 12 houses are all two-storey, 4 bedroom dwellings with detached double-garages and their own vehicle access directly onto Waterlands Road. No details on the finishing materials for the dwellinghouses has been proposed, nor is there any supporting information to demonstrate the drainage arrangements or to show that the proposed 12 access points onto Waterlands Road meet required standards. 3 Development Plan 3.1 National Planning Framework 4 (2023) 3.1.1 Prior to the adoption of NPF4 on 13th February 2023, the Scottish Government’s Chief Planner published a letter detailing transitional arrangements and advice on NPF4 becoming part of the statutory ‘Development Plan’. The letter details that NPF4 must be read and applied as a whole and the content of each of the 33 policies should be used to guide decision making. Conflicts between each of the 33 policies are to be expected and factors for and against development will be weighed up in the balance of the planning judgement. 3.1.2 The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 3 – Biodiversity Policy 4 – Natural Places Policy 6 – Forestry, woodland and trees 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 3.1.3 It is considered that the proposal does not accord with the general provisions or relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 9th April 2021) and National Planning Framework 4 (NPF4) (which was laid before the Scottish Parliament on the 8th of November 2022 and adopted by Scottish Ministers on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, then the policies in NPF4 prevail. 23
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3.2.2 The application site is covered by a number of land use designations in the adopted (SLLDP2). The relevant policies in terms of the assessment of the application are:- Policy 1 Spatial Strategy Policy 2 Climate Change Policy 3 General Urban Area/Settlements Policy 5 Development Management and Placemaking Policy 7 Community Infrastructure Assessment Policy 13 Green Network and Greenspace Policy 14 Natural and Historic Environment Policy 15 Travel and Transport Policy 16 Water Environment and Flooding Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 Sustainable Transport Policy NHE13 Forestry and Woodland Policy NHE20 Biodiversity 3.2.3 It is considered that the proposal does not accord with the relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 The site is designated as both Green Network and as a Transport Infrastructure opportunity in the South Lanarkshire Local Development Plan 2 (adopted 2021). The transport infrastructure designation is because the site is identified as being suitable for a potential new railway station. 3.3.2 This designation followed on from the sites inclusion in the Clydesdale Scottish Transport Appraisal Guidance (STAG) process. Preparation of the Clydesdale STAG by South Lanarkshire Council began in 2017 and the potential for a new station in Law was formally identified as an opportunity for improving public transport accessibility. The Clydesdale STAG has now been through several stages of revision and following Phase 3 of the process the site is still included as the location for a potential station in Law. 4 Consultation(s) 4.1 Network Rail – Have no objection to the proposal although they have requested a condition for a noise impact assessment to ensure that any residents of the proposed housing are not detrimentally impacted by noise from the West Coast Main Line. Response: Noted. 4.2 Strathclyde Partnership for Transport (SPT) - Advise that the delivery of a station at Law is a long-held aspiration and that the land has been safeguarded in South Lanarkshire Local Development Plan 2. SPT also advise that further work would be required with both Transport Scotland and the rail industry before detailed proposals for the station could be developed. Response: Noted. 4.3 The Coal Authority – Object to the proposal and have expressed fundamental concerns. The site lies in a High Risk Area and records indicate that there is both recorded and a high potential for unrecorded coal mining at shallow depth beneath the application site. In addition, their records indicate the presence of a former mine entry within 20m of the application site boundary. A Coal Mining Risk Assessment Report requires to be submitted before the Coal Authority could reconsider their objection. Response: Noted. 24
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4.4 Roads Development Management Team - The site is being considered for the location of a new railway station and is an identified project in the Clydesdale Scottish Transport Appraisal Guidance (STAG) process. As such, development of part of the site for alternative uses is premature and cannot be supported at this point in time. Response: Noted. 4.5 Countryside and Greenspace - Waterlands Road is identified as a Core Path and as such is an important non-motorised recreational access link between Law and Carluke. Any development proposals should ensure that this function is not compromised. Response: Noted. 5 Representation(s) 5.1 Following the statutory period of neighbour notification and advertisement in the local press, one letter of objection from a planning consultant, Gainford Limited was received. The grounds of objection are as follows:- - Proposed application site is designated as Green Network in the local development plan and its development as housing is contrary to Policies 2 and 14 of the SLLDP. - The proposed application site is designated as transport infrastructure for a new railway station at Law with Park and Ride facility and it would not be prudent to prejudice the principle of a new rail-halt or constrain future design options by allowing a development of which there is no proven need. - There is no pressing need for further housing in Law and no justification to compromise existing Council environmental policies in order to promote an unnecessary addition to housing land supply. 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the Development Plan, which consists of National Planning Framework 4 (Adopted 2023) and South Lanarkshire Local Development Plan 2 (Adopted 2021). 6.2. NPF4 Policy 1 requires that when considering all development proposals, significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. The Chief Planner letter (4th February 2023) confirms that at this stage quantitative assessments are not expected for all applications. In the absence of a methodology for measuring the emissions which would result from the emissions of the proposed buildings, it is considered appropriate at this time to instead consider the general sustainability of the proposal in land-use planning terms (whether the use of agricultural land as housing land is supportable when assessed against other relevant policies in NPF4) and use that as an indicator in whether or not it is likely to minimise emissions and adapt to current and future impacts of climate change. 6.3 Policy 3 – Biodiversity of NPF4 advises that proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. It also advises that any potential adverse impacts, including cumulative impacts, of development proposals on biodiversity, nature networks and the natural environment will be minimised through careful planning and design. The submitted proposals, despite being for undeveloped land which is designated as part of the green network, is not accompanied by any ecological 25
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or arboricultural assessments which could demonstrate that the proposal avoids or mitigates any potential adverse impacts upon biodiversity. As such, the proposal is contrary to Policy 3 of National Planning Framework 4 and Policy NHE20 of South Lanarkshire Local Development Plan 2. 6.4 In terms of Natural Places, Policy 4 of the NPF4 states that development proposals which by virtue of type, location or scale will have an unacceptable impact upon the natural environment, will not be supported. Policy 13, Green Network and Greenspace of SLLDP2 advises that proposals should safeguard the green network, as identified on the proposals map, and that opportunities for enhancement or extension of the green network should be considered. The proposed loss of this undeveloped land for residential housing does not constitute an enhancement of the green network and will result in an unacceptable impact on the natural environment at this location. As such the proposal is contrary to Policy 4 of National Planning Framework 4 and Policy 13 of South Lanarkshire Local Development Plan 2. 6.5 Policy 13 Sustainable Transport of National Planning Framework 4 advises that proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs will be supported. The policy intent confirms the desire to encourage sustainable travel and to promote the use of public transport for everyday travel. 6.6 The policy also highlights that LDP’s should be informed by an appropriate and effective transport appraisal undertaken in line with the relevant guidance (i.e. the Clydesdale STAG). Policy 1 – Spatial Strategy of the SLLDP2 advises that the Planning Authority will support the provision and improvement of strategic transport infrastructure. SLLDP Volume 1 paragraph 7.13 confirms that the Development Plan will reserve land for future potential new rail stations at Symington and Law and this is reflected in the SLLDP Strategy and Environment proposals map. As the proposed housing is on a site reserved for a railway station at Law, it runs directly contrary to achieving the wider sustainable transport objectives of the Council, which are in line with NPF4. Seeking to develop the site for housing prior to an agreement being reached between the Planning Authority and Transport Scotland on the required land and vehicle/pedestrian connections for the new station is premature and any approval of housing in this location could jeopardise the long-term goal of developing a new station in Law, as identified in the Spatial Strategy within the SLLDP. As such, the proposal is contrary to Policy 13 of National Planning Framework 4 and Policies 1, 15 and SDCC4 of the South Lanarkshire Local Development Plan 2. 6.7 Policy 14 – Design, Quality and Place of NPF4 advises that proposals will be supported where they are consistent with the 6 qualities of successful places. It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. The proposed erection of 12 dwellinghouses on a green network site, which is also designated as the potential location for new sustainable transport infrastructure, is not considered to be characteristic of either a Connected or a Sustainable place and as such is contrary to Policy 14 of NPF4. 6.8 Policy 15 – Local Living and 20 minute neighbourhoods seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by using sustainable transport options. In acknowledging that the site lies within the settlement boundary of Law, it could be argued that the addition of further housing within the settlement achieves the intent of Policy 15. 26
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6.9 That being said, as one of the qualities of a 20 minute neighbourhood is identified as being the availability of sustainable modes of transport, including local public transport, and, as such, any proposal which potentially removes scope for a new public railway station for the wider settlement can only be concluded as running contrary to policy aspirations to both improve local living in Law and strengthen its scope to become a 20 minute neighbourhood. As such, the proposal is not considered compatible with the intent of Policy 15 of NPF4. 6.10 Policy 16 – Quality Homes of NPF4 seeks to encourage, promote and facilitate the delivery of high-quality homes, in the right locations. It advises that development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where:- i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. and either: delivery of sites is happening earlier than identified in the deliverable housing land pipeline; or the proposal is consistent with policy on rural homes; or the proposal is for smaller scale opportunities within an existing settlement boundary; or the proposal is for the delivery of less than 50 affordable homes. 6.11 The proposed housing development is not supported by an agreed timescale for build out, is not consistent with the spatial strategy and other relevant policies in the plan and, as it is for more than 10 dwellings, does not constitute a smaller scale opportunity within an existing settlement boundary. As such, the proposal is directly contrary to Policy 16 – Quality Homes of NPF4. 6.12 Policy 5 Development Management and Placemaking of SLLDP2 advises that to ensure that development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. In that regard, whilst the design of the houses is such that they should not result in failures with regards to overshadowing or overlooking or a loss of residential amenity, their scale is such that the two-storey buildings proposed will, in this specific location, result in an adverse visual impact as all existing homes on Waterlands Road are single storey or storey and a half. In terms of the proposed access points, Roads and Transportation Services have not offered specific comments given their wider opposition to the proposal in land use planning terms. When determining whether the proposal complies fully with Policy 5, it is necessary to consider the impact of the proposal in water management and flood risk terms. 6.13 Policy 22 – Flood risk and water management of NPF4 advises that promoting avoidance as its first principle is the best way to strengthen resilience to flood risk. It advises that development proposals at a risk of flooding will only be supported if they are for (i) essential infrastructure; (ii) water compatible uses; (iii) redevelopment of an existing site for an equal or a less vulnerable use; or (iv) redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long-term resilience can be secured. 27
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6.14 It also advises that proposals should not increase the risk of surface water flooding, should manage all surface water through sustainable drainage systems and should seek to minimise the area of impenetrable surface. As advised earlier in this report, the applicant has not provided any information regarding flood risk or the proposed drainage arrangements for the 12 houses. The site borders an adopted public road and it is presumed that connections to the publicly adopted sewer network are possible at this location, however, no information on the treatment and discharge of surface water has been provided with the application. In the absence of such information, it is concluded that the proposal has the potential to increase flood risk at this location. As such, the proposal is contrary to Policy 22 of NPF4. 6.15 Policy 16 – Water Environment and Flooding of SLLDP2 advises that any development which has an unacceptable impact upon the water environment will not be permitted. Policy SDCC2 – Flood Risk advises that all development within an area with the potential for flooding shall be accompanied by a flood risk assessment. Policy SDCC3 – Sustainable Drainage Systems advises that there is a legal requirement to utilise sustainable drainage systems on all new developments of more than a single dwelling. As advised earlier in this report, the developer has not provided a Flood Risk Assessment or any detailed proposals for the proposed sustainable drainage system (despite advising on the application form that a SUDS system was proposed. In the absence of any of this information, it is concluded that the proposal is contrary to Policies 16, SDCC2 and SDCC3 of the South Lanarkshire Local Development Plan 2. 6.16 In summary, taking all of the above into account, it is considered that the proposed development would constitute inappropriate development with regards to both the sites Green Network designation and also with regards to its Transport Infrastructure designation and there are no exceptions to policy, in either NPF4 or SLLDP2, which would justify dwellinghouses in this location at this time. The applicant was advised before submission in 2019 that proposals to develop the site as residential were contrary to land use policy designations and this policy position has only become stronger in 2023 with the Clydesdale STAG position confirmed and NPF4 Policy now taking precedence over the SLLDP2. As such, the proposed development fails to adhere to the provisions of the development plan, with specific regard to Policies 1, 2, 3, 4, 13, 14, 15, 16 and 22 of National Planning Framework 4 (adopted 2023) and Policies 1, 2, 3, 5, 7, 13, 14, 15, 16, SDCC2, SDCC3, SDCC4,NHE 13 and NHE20 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. In view of this, it is recommended that the application is refused planning permission. 7 Reasons for Decision 7.1 The proposal is contrary to Policies 1, 2, 3, 4, 13, 14, 15, 16 and 22 of National Planning Framework 4 (adopted 2023) and Policies 1, 2, 3, 5, 7, 13, 15, 16, SDCC2, SDCC3, SDCC4 and NHE20 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references None 28
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List of background papers ► Application form ► Application plans ► National Planning Framework 4 (adopted 2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 11.12.2020 ► Advert in Lanark Gazette dated 17 April 2019 ► Consultations Network Rail 08.05.2019 Roads Development Management Team 16.05.2019 SPT 20.05.2019 The Coal Authority Planning and Local Authority Liaison Department 31.05.2019 Countryside and Greenspace 25.04.2019 ► Representations Dated: Gainford Limited, 8 Woodlands Drive, Lanark, ML11 9FS 17.05.2019 Contact for further information If you would like to inspect the background papers or want further information, please contact:- David Russell, Team Leader, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 845 757 Email: David.russell@southlanarkshire.gov.uk 29
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Detailed planning application Paper apart – Application number: P/19/0587 Reasons for Refusal 01. The proposal would be contrary to Policy 3 – Biodiversity of National Planning Framework 4 and Policy NHE20 Biodiversity of the South Lanarkshire Local Development Plan as the submitted information fails to demonstrate that the proposal avoids or mitigates any potential adverse impacts upon biodiversity 02. The proposal would be contrary to Policy 4 – Natural Places of National Planning Framework 4 and Policy 13 Green Network and Greenspace the of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development which neither safeguards nor enhances the Green Network at this location. 03. The proposal would be contrary to Policy 13 – Sustainable Transport of National Planning Framework 4 and Policy 1 – Spatial Strategy, Policy 15 – Travel and Transport and Policy SDCC4 – Sustainable Transport of the South Lanarkshire Local Development Plan 2 as the site is part of a protected location identified in both the Development Plan and the Clydesdale STAG for the delivery of a new passenger railway station. Development of the site for residential use has the potential to detrimentally impact upon the future delivery of this sustainable transport infrastructure within Law and negatively impact upon the wider sustainable transport aspirations for the wider Clydesdale Area. 04. The proposal would be contrary to Policy 14 – Design, Quality and Place of National Planning Framework 4 as it is not consistent with the 6 qualities of successful places. Specifically, it fails to achieve the characteristics of either a connected or a sustainable place. 05. The proposal would be contrary to Policy 15 - Local Living and 20 minute neighbourhoods of National Planning Framework 4 as it fails to create connected and compact settlements and mixed-use neighbourhoods and would potentially jeopardise Local Development Plan aspirations to improve sustainable transport connections in the village. 06. The proposal would be contrary to Policy 16 – Quality Homes of National Planning Framework 4 as it does not constitute the delivery of high quality homes in the right locations as set out in the policy criteria. 07. The proposal would be contrary to Policy 22 – Flood risk and water management of National Planning Framework 4 and Policies 16 – Water Environment and Flooding, SDCC2 – Flood Risk and SDCC3 – Sustainable Drainage Systems of the South Lanarkshire Local Development Plan 2 as the applicant has failed to demonstrate that the development will not increase the risk of flooding to others or the site itself and that the proposed sustainable drainage system will meet required standards and not detrimentally impact upon the existing land or residents. 30
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/20/0969 Erection of three dwellinghouses and formation of vehicle access 1 Summary application information Amended Application type: Detailed planning application Applicant: Mr Iain Potter Location: Land 80m North of Meadowfield Farm Lanark Road Braidwood Carluke South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse detailed planning permission (for reasons stated). [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: AiCM (Scotland) Ltd ♦ Council Area/Ward: 01 Clydesdale West ♦ Policy Reference(s): National Planning Framework 4 Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 8 – Green belts Policy 9 – Brownfield, vacant and derelict land and empty buildings Policy 14 – Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods 5 33
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Policy 16 - Quality Homes Policy 22 – Flood risk and water management South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 2 Climate Change Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking Policy 16 – Water Environment and Flooding Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy GBRA1 Rural Design and Development Policy GBRA5 Redevelopment of Previously Developed Land Containing Buildings Policy GBRA8 Development of Gap Sites Policy GBRA9 Consolidation of Existing Building Groups ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): SEPA West Region Roads and Transportation Services - Development Management Team Roads and Transportation Services - Flood Risk Management Team Environmental Services 34
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Planning Application Report 1 Application Site 1.1 The application site (0.36 Ha) is an area of agricultural land situated on the east side of Lanark Road (A73) between Carluke and Upper Braidwood. To the south of the site is Meadowfield Farm. The site is bisected by a watercourse, the Braidwood Burn, which runs westward at this location, underneath the A73, then turns south towards Lower Braidwood. The site is surrounded by agricultural land on all sides and is positioned directly in the middle of a small area of remaining open countryside between Carluke and Upper Braidwood. 1.2 The submitted location plan refers to an existing substructure on the site from a former building (understood to have been a glasshouse), however, the above ground parts of the building look to have been removed some time ago and what remains of the old foundation is heavily overgrown. 2 Proposal(s) 2.1 The application seeks planning permission for the erection of three dwellinghouses and the formation of a vehicle access. The proposed buildings are a series of suburban-style two-storey detached dwelling houses, built in brick with concrete roof tiles, arranged around a central access road. The houses are generously sized with plot 1 having 5 double bedrooms and a building footprint of 239m². The houses proposed on plots 2 and 3 are smaller, having 3 double bedrooms, however, they are still substantial and all 3 have considerable areas of garden ground. Residential parking areas with sufficient off-street parking are all entered via the new access road and each house would also have a double garage within their curtilage. 2.2. At the eastern side of the site, drainage infrastructure would be installed consisting of storage for surface water runoff from the new road and houses, along with a sewage treatment plant for the three dwellinghouses. The intention is that, following treatment it would be discharged into the Braidwood Burn, which would then run through the gardens of Plots 2 and 3 before running under the A73 and onward downstream. 2.3. The proposed vehicle access has been amended after submission of the application to demonstrate that a 2.5m x 120m visibility splay is potentially achievable at this location, subject to restrictions on the height of fencing/planting etc. being imposed upon adjacent properties outwith the control of the applicant. 3 Development Plan 3.1 National Planning Framework 4 (2023) 3.1.1 Prior to the adoption of NPF4 on 13th February 2023 the Scottish Government’s Chief Planner published a letter detailing transitional arrangements and advice on NPF4 becoming part of the statutory ‘development plan’. The letter details that NPF4 must be read and applied as a whole and the content of each of the 33 policies should be used to guide decision making. Conflicts between each of the 33 policies are to be expected and factors for and against development will be weighed up in the balance of the planning judgement. 35
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3.1.2 The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 8 – Green belts Policy 9 – Brownfield, vacant and derelict land and empty buildings Policy 14 – Design, quality and place Policy 15 - Local living and 20 minute neighbourhoods Policy 16 - Quality Homes Policy 22 – Flood risk and water management 3.1.3 It is considered that the proposal does not accord with the general provisions or relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 9th April 2021) and National Planning Framework 4 (NPF4) (which was laid before the Scottish Parliament on the 8th of November 2022 and adopted by Scottish Ministers on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, then the policies in NPF4 prevail. 3.2.2 The application site is designated as green belt land in the adopted SLLDP2. The relevant policies in terms of the assessment of the application are:- Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 16 – Water Environment and Flooding Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy GBRA1 - Rural Design and Development Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings Policy GBRA8 - Development of Gap Sites Policy GBRA9 - Consolidation of Existing Building Groups 3.2.3 It is considered that the proposal does not accord with the relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 The only former application on the site was a 2009 application seeking 2 detached dwellings on part of the current site (CL/09/0227). This application was refused in September 2009 due to the sites green belt location and the inability to achieve a safe access. 36
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4 Consultation(s) 4.1 Scottish Environmental Protection Agency (SEPA) - advise that the proposals did not meet the threshold for formal consultation. Response: Noted 4.2 Roads Development Management Team – recommend deferral of the application, awaiting confirmation that visibility splays of 2.5m by 120m can be provided and maintained in both directions from the vehicle access (with nothing greater than 900mm in height located within the sightlines). Also confirmed that a flood risk assessment (FRA) would be required as part of the application and requested driveway visibility splays of 2m x 20m for each house. A drainage system capable of both ensuring the ongoing operation of the public road drainage system along the frontage of the site (there are 4 recessed road gullies along this part of the A73) and which prevents any water from the site flowing onto the public road would be required. Response: Noted. 4.3 Roads Flood Risk Management Team - No objection subject to the receipt of an appropriate flood risk assessment, details of the sustainable drainage system (designed and independently checked in accordance with the Council’s developer design guidance) and details of the proposed discharge arrangements (which the applicant has shown to be directly into the Braidwood Burn), and information on any proposed sewage treatment plant (which would need to be agreed with SEPA subject to the General Binding Rules of the Water environment (Controlled Activity Regulations)(Scotland) 2011. Response: These comments are noted but to date, none of this additional information has been provided. 4.4 Environmental Services - No objection. Advisory notes regarding construction noise and nuisance should be attached to any decision notice if the proposal was to be approved. Response: Noted. 5 Representation(s) 5.1 Following the statutory period of neighbour notification and advertisement in the local press, no representations were received. 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the development plan, which consists of National Planning Framework 4 (NPF4) and South Lanarkshire Local Development Plan 2 (SLLDP2). 6.2. NPF4 Policy 1 requires that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. It is considered appropriate at this time to instead consider the general sustainability of the proposal in land-use planning terms (whether the use of agricultural land as housing land is supportable when assessed other relevant policies in NPF4) and use that as an indicator in whether or not it is likely to minimise emissions and adapt to current and future impacts of climate change. 37
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6.3 Policy 8 – Green Belts of NPF4 states that development proposals will only be supported within green belts where they (i) are for:- ⧫ Development associated with agriculture, woodland creation, forestry; ⧫ Residential accommodation required for a key worker in a primary industry within the immediate vicinity of their place of employment; ⧫ Horticulture, including market gardening; ⧫ Outdoor recreation, play and sport or leisure and tourism use; ⧫ Flood risk management; ⧫ Essential infrastructure or new cemetery provision; ⧫ Minerals operations and renewable energy developments; ⧫ Intensification of established uses, including ancillary extensions to existing buildings; ⧫ The re-use or rehabilitation of historic environment assets; or ⧫ One-for-one replacements of existing permanent homes. and (ii) when reasons are provided as to why:- ⧫ a green belt location is essential; and ⧫ the purpose of the greenbelt at that location is not undermined; and ⧫ the proposal is compatible with the surrounding established countryside and landscape character; and ⧫ the proposal has been designed to an appropriate scale, massing and external appearance to minimise visual impact; and ⧫ there will be no significant long-term impacts on the environmental quality of the green belt. The proposed erection of 3 dwellinghouses does not meet any of the above criteria in part (i) of the policy and does not pass the tests in part (ii). As such the proposal is contrary to Policy 8 of National Planning Framework 4. 6.4 In terms of Local Development Plan policy the application site lies within the Green Belt and is subject to assessment against Policy 4 - Green Belt and Rural Area of the adopted (SLLDP2). This states that the purpose of the green belt is to direct development to appropriate locations, protect and enhance the character and landscape setting of settlements and to protect and provide access to open space. It goes on to advise that development which does not require to be located in the countryside will be expected to be included within a settlement boundary. 6.5 Policy GBRA1’s primary requirement is that proposed development “should be sited in a manner that respects existing built form, land form and local landscape character and setting”. It also states that proposed developments should be well related to locally traditional patterns of scale and avoid the introduction of suburban-style developments into the rural environment. 6.6 The policies in SLLDP2 which can be used to justify new residential buildings in the green belt are GBRA5 – Redevelopment of previously developed land containing buildings, GBRA8 – Development of Gap Sites and GBRA9 – Consolidation of building groups. None of those policy exceptions apply in this instance as the proposal is on a site with no remaining buildings (substructures do not qualify); does not constitute the consolidation of an existing building group; and which is not a gap site (having open countryside on all 4 sides). As such, the proposal is contrary to the Green Belt and Rural Area policies of SLLDP2. 38
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6.7 Policy 9 - Brownfield, vacant and derelict land and empty buildings of NPF4 aims to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings to help the reduce the need for greenfield development. As advised earlier in this report, the application site has been cleared of buildings for a considerable period of time and only a substructure remains. This substructure is now almost entirely overgrown and the site has a naturalised state which has considerable biodiversity value, particularly as it contains a watercourse. Policy 9 states that when determining whether the re-use of a brownfield site is sustainable, the biodiversity value of the brownfield land which has naturalised should be taken into account. As such, the proposal is not considered to comply with Policy 9. 6.8 Policy 14 – Design, Quality and Place of NPF4 advises that proposals will be supported where they are consistent with the 6 qualities of successful places. It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. The proposed erection of three dwellinghouses in the green belt, contrary to policies designed to preserve that green belt, is not considered to be characteristic of a sustainable place and as such is contrary to Policy 14 of NPF4. 6.9 Policy 15 – Local Living and 20 minute neighbourhoods seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by using sustainable transport options. Whilst residents in these homes, were they to be approved, might indeed have access to many of the facilities/benefits of local living identified in the policy, the development itself would run directly contrary to the policy intent, namely to create connected and compact settlements and mixed-use neighbourhoods. As such, the proposal is not considered compatible with the intent of Policy 15 of NPF4. 6.10 Policy 16 – Quality Homes of NPF4 seek to encourage, promote and facilitate the delivery of high quality homes, in the right locations. It advises that development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where:- i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. and either:- delivery of sites is happening earlier than identified in the deliverable housing land pipeline; or the proposal is consistent with policy on rural homes; or the proposal is for smaller scale opportunities within an existing settlement boundary; or the proposal is for the delivery of less than 50 affordable homes 6.11 The proposed housing development is not supported by an agreed timescale for build out, is not consistent with the spatial strategy and other relevant policies in the plan and does not involve; delivery of a site in the housing land pipeline; housing in the rural area; an opportunity within an existing settlement boundary or a proposal for affordable homes. As such, the proposal is directly contrary to Policy 16 – Quality Homes of NPF4. 6.12 Policy 5 Development Management and Placemaking of SLLDP2 advises that to ensure that development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. In that 39
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regard, whilst the design of the houses is such that they should not result in failures with regards to overshadowing or overlooking or a loss of residential amenity, their scale is such that the two-storey brick buildings proposed would, in this specific location, result in an adverse visual impact as the area of open countryside which separates Carluke and Upper Braidwood would effectively become suburbanised and lead to a degree of coalescence between the two settlements. 6.13 In terms of the proposed access, Roads and Transportation Services have advised that visibility splays of 2.5m x 120m are required to achieve a safe access at this location. The submitted drawings show that, whilst these visibility splays could be achievable, they require the agreement of the owners of the houses at 3 and 5 Lanark Road and the owner of Meadowfield Farm (on the presumption that they own both the farm and all the land surrounding the site). 6.14 In detailed layout terms, the proximity of the Braidwood Burn to the rear of the houses on plots 2 and 3 is also considered a potential issue as each house would need significant structural foundations which could impact upon the permeability and flow of the watercourse and wider site drainage. In addition, residents of the homes would need to cross the burn to reach their garden ground and any form of culverting proposed to achieve such access could again impact upon this natural drainage feature. When determining whether the proposal complies fully with Policy 5, it is necessary to consider the impact of the proposal in water management and flood risk terms. 6.15 Policy 22 – Flood risk and water management of NPF4 advises that promoting avoidance as its first principle is the best way to strengthen resilience to flood risk. It advises that development proposals at a risk of flooding will only be supported if they are for (i) essential infrastructure; (ii) water compatible uses; (iii) redevelopment of an existing site for an equal or a less vulnerable use; or (iv) redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long-term resilience can be secured. It also advises that proposals should not increase the risk of surface water flooding, should manage all surface water through sustainable drainage systems and should seek to minimise the area of impenetrable surface. As advised earlier in this report, the applicant has not provided the FRA requested by Roads and Transportation Services and, in the absence of such information, it is concluded that the proposal has the potential to increase flood risk at this location in terms of the occupants of the dwellings, the land surrounding the site and the adjacent A73. As such, the proposal is contrary to Policy 22 of NPF4. 6.16 Policy 16 – Water Environment and Flooding of SLLDP2 advises that any development which has an unacceptable impact upon the water environment will not be permitted. Policy SDCC2 – Flood Risk advises that all development within an area with the potential for flooding shall be accompanied by a flood risk assessment. In this instance, an FRA has been requested, but never submitted. Policy SDCC3 – Sustainable Drainage Systems advises that there is a legal requirement to utilise sustainable drainage systems on all new developments of more than a single dwelling. It also advises that where the drainage scheme is not to be maintained by Scottish Water or the Roads Authority, the developer must indicate how the scheme will be maintained in the long term. As advised earlier in this report, the developer has not provided a Flood Risk Assessment or detailed proposals for the proposed sewage treatment plant or surface water collection and treatment prior to the discharge of both into the Braidwood Burn. In the absence of any of this information, it is concluded that the proposal is contrary to Policies 16, SDCC2 and SDCC3 of the SLLDP2. 40
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6.17 In summary, taking all of the above into account, it is considered that the proposed development would constitute inappropriate development with regards to the sites Green Belt designation and there are no exceptions to policy, in either NPF4 or SLLDP2, which would justify dwellinghouses in this location. In addition, with an open watercourse running through the site and the significant potential for flooding and drainage issues to not only impact upon the proposed residents, but to also detrimentally impact upon existing drainage arrangements, particularly those of the adjacent A73 which drains into the site, insufficient information has been provided to allow the proposals to be fully considered in terms of access, drainage or flood risk management considerations. As such, the proposed development fails to adhere to the provisions of the development plan, with specific regard to Policies 1, 2, 8, 9, 14, 15, 16 and 22 of National Planning Framework 4 (adopted 2023) and Policies 2, 4, 5, 16, SDCC2, SDCC3, GBRA1, GBRA2, GBRA5, GBRA8 and GBRA9 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. In view of this, it is recommended that the application is refused planning permission. 7 Reasons for Decision 7.1 The proposal is contrary to Policies 1, 2, 8, 9, 14, 15, 16 and 22 of National Planning Framework 4 (adopted 2023) and Policies 2, 4, 5, 16, SDCC2, SDCC3, GBRA1, GBRA2, GBRA5, GBRA8 and GBRA9 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references Planning application CL/09/0227 List of background papers ► Application form ► Application plans ► National Planning Framework 4 (adopted 2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 11.12.2020 ► Advert in Lanark Gazette dated 16.12.2020 ► Consultations Roads Development Management Team 04.03.2021 Environmental Services 22.12.2020 Roads Flood Risk Management Team 21.05.2021 SEPA – Flood Risk 22.12.2020 ► Representations Dated: None N/A 41
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Contact for further information If you would like to inspect the background papers or want further information, please contact:- David Russell, Team Leader, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 845 757 Email: David.russell@southlanarkshire.gov.uk 42
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Detailed planning application Paper apart – Application number: P/20/0969 Reasons for Refusal 01. The proposal would be contrary to Policy 8 – Green belts of National Planning Framework 4 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 would be contrary to Policies 4 - Green Belt and Rural Area and GBRA1 – Rural Design and Development of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, that cannot be justified under policies GBRA5, GBRA8 or GBRA9 and which adversely affects the character of the Green Belt at this location. 03. The proposal would be contrary to Policy 9 - Brownfield, vacant and derelict land and empty buildings of National Planning Framework 4 as the site no longer has any buildings upon it, has reverted to a naturalized state with biodiversity value and is not allocated housing land. 04. The proposal would be contrary to Policy 14 – Design, Quality and Place of National Planning Framework 4 as it is not consistent with the 6 qualities of successful places. Specifically, it fails to achieve the characteristics of a sustainable place. 05. The proposal would be contrary to Policy 15 - Local Living and 20 minute neighbourhoods of National Planning Framework 4 as it fails to create connected and compact settlements and mixed-use neighbourhoods. 06. The proposal would be contrary to Policy 16 – Quality Homes of National Planning Framework 4 as it does not constitute the delivery of high quality homes in the right locations as set out in the policy criteria. 07. The proposal would be contrary to Policy 5 – Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 as the large 2-storey detached brick houses would contribute to suburbanisation of the green belt between Carluke and Upper Braidwood and result in a coalescence of the two settlements. 08. The proposal would be contrary to Policy 5 Development Management and Placemaking of the South Lanarkshire Local Development Plan 2 as the required 2.5m x 120m visibility splays to form the vehicle access could also not be achieved without placing specific title restrictions upon land outwith the application site and which is not in control of the applicant. 09. The proposal would be contrary to Policy 22 – Flood risk and water management of National Planning Framework 4 and Policies 16 – Water Environment and Flooding, SDCC2 – Flood Risk and SDCC3 – Sustainable Drainage Systems of the South Lanarkshire Local Development Plan 2 as the applicant has failed to demonstrate that the development will not increase the risk of flooding to others or the site itself and that the proposed sustainable drainage system will meet required standards and not detrimentally impact upon the existing watercourse. 43
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/20/1268 Demolition of farmhouse and associated buildings and erection of 11 dwellinghouses with access road, parking provision and associated works 1 Summary application information Amended •Application type: Detailed planning application •Applicant: Mr Thomas Allan •Location: West Mains Farm Manse Road Stonehouse Larkhall ML9 3NX [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse detailed planning permission (for reasons stated). [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: CS Plans ♦ Council Area/Ward: 05 Avondale and Stonehouse ♦ Policy Reference(s): National Planning Framework 4 (adopted 2023) 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 South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking 6 45
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Policy 14 - Natural and Historic Environment Policy DM1 - New Development Design Policy GBRA1 - Rural Design and Development Policy NHE16 - Landscape ♦ Representation(s): ► 9 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): West of Scotland Archaeology Service Roads Development Management Team Environmental Services Roads Flood Risk Management Scottish Water Stonehouse Community Council 46
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Planning Application Report 1 Application Site 1.1 The application site relates to a farm steading at West Mains Farm, located adjacent to Manse Road, approximately 350 metres to the north of Stonehouse. The steading comprises the farmhouse and a number of outbuildings, which are noted to be in poor condition. A commercial dog kennels, known as Westmains Kennels, located directly to the south of the main steading, is also included within the application site boundary. 1.2 The application site, which measures approximately 0.8 hectares in total area, is generally flat throughout. The site is bounded to the south and west by greenfield agricultural land, to the north by greenfield land and additional farm structures that are not included within the application site boundary and to the east by Manse Road with additional farmland located on the opposite site of the road. Vehicular and pedestrian access is currently taken via three separate accesses from Manse Road, one serving the farmhouse, one serving the farm buildings and one serving the kennels. 2 Proposal(s) 2.1 Detailed planning permission is sought to remove the existing steading at West Mains Farm, including the farmhouse and adjacent kennels, and to erect 11 detached dwellings in a courtyard style layout with associated works on the site. Originally 19 terraced dwellinghouses were proposed, however, the number of units was subsequently reduced as part of the discussions with the Council’s Roads and Transportation Services in relation to the access arrangements associated with the proposed development. 2.2 Two vehicular accesses would be put in place to serve the proposed development from Manse Road, to be located in similar positions to the existing accesses to the farm buildings and the kennels. The provision of a footpath link from the site to the edge of the settlement of Stonehouse, located approximately 350 metres to the south of the application site, has been noted on the plans submitted, however, details of the design and layout of the footpath link have not been provided. 3 Development Plan 3.1 National Planning Framework 4 3.1.1 The National Planning Framework 4 (NPF4) was approved by the Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, then the policies in NPF4 prevail. With regard to this application Policy 8 – Green Belts is considered to be of particular relevance, while Policies 1, 2, 14 and 15 of the document are also of relevance in this case. The proposals are considered in relation to the provisions of NPF4 in Section 6 below. 3.2 South Lanarkshire Local Development Plan 2 3.2.1 The application site is designated as Green Belt land in the South Lanarkshire Local Development Plan 2 (adopted 2021) given the location of the site in the Green Belt to the north of Stonehouse. As such, Policy 4 – Green Belt and Rural Area is of relevance to the application. The following Local Development Plan policies are also considered to be of relevance to the application:- 47
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Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 14 – Natural and Historic Environment Policy GBRA1 – Rural Design and Development Policy DM1 - New Development Design Policy NHE16 – Landscape 3.3 Planning Background 3.3.1 There is no previous planning application history of relevance to this planning application. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management Team) – Raised concerns with regard to a number of matters, including access and visibility at the site access, surface water drainage arrangements, road improvements to facilitate construction traffic. The applicants requested that the issues be attached to the consent issued as conditions. However, the Roads Service advised that this should not be considered appropriate, as this may result in a planning consent being issued where various matters required as conditions may not be achievable on site. As such, the Roads Service maintained their objection to the proposed. Response: Noted 4.2 Roads and Transportation Services (Flood Risk Management Team) – Offered no objections subject to the attachment of conditions to any consent issued relating to the provision of a Flood Risk Assessment and the relevant self-certification appendices. Response: Noted. 4.3 Environmental Services – Offered no objections subject to the attachment of a condition to any consent issued requiring the site to be assessed for historic contamination given its use as a working farm. Response: Noted. 4.4 West of Scotland Archaeology Service – Offered no objections subject to the attachment of a condition to any consent issued requiring the implementation of a programme of archaeological works in advance of any redevelopment of the site. Response: Noted. 4.5 Scottish Water – Offered no objection to the proposed development. Response: Noted. 4.6 Stonehouse Community Council – Objected to the application raising concerns with regard to its compliance with local and national planning policy and the potential impact on road and pedestrian safety, among other issues. Response: Noted. 4.7 Countryside and Greenspace Service – Has not responded to date. 5 Representation(s) 5.1 Following the statutory period of neighbour notification and advertisement, a total of nine objections have been received. The issues raised relate to:- 48
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⧫ Failure to comply with local and national planning policy ⧫ Inappropriate development in the Green Belt ⧫ Unsuitable road and pedestrian access ⧫ Inappropriate drainage proposals ⧫ Inappropriate design in a Green Belt location The above issues are considered in the assessment below and full copies are available on the planning portal. 5.2 A number of non-material planning comments were included in representations. These points relate to:- ⧫ Land ownership considerations associated with the extent of the planning application site boundary (it should be noted that the applicant subsequently amended the application site boundary to take account of the concern raised) ⧫ Potential waste-water disposal onto land owned by others (this would be a civil matter to be resolved privately between the parties involved) 6 Assessment and Conclusions 6.1 Detailed planning permission is sought to remove the existing steading at West Mains Farm, located to the north of Stonehouse, including the farmhouse and adjacent kennels, and to erect 11 detached dwellings in a courtyard style layout with associated works on the site. Two vehicular accesses are proposed to be put in place to serve the proposed development from Manse Road, to be located in similar positions to the existing accesses to the farm buildings and the kennels at the site. 6.2 The provision of a footpath link from the site to the edge of the settlement of Stonehouse, located approximately 350 metres to the south, has also been noted on the plans submitted, however, further details of the design and layout of the footpath link have not been provided. 6.3 The proposed development requires to be considered against the relevant provisions of the South Lanarkshire Local Development Plan 2 (adopted 2021) and against National Planning Framework 4. 6.4 The National Planning Framework 4 (NPF4) was adopted on 13 February 2023 and now forms part of the Development Plan. With regard to this application Policy 8 – Green Belts is considered to be of particular relevance. The provisions in respect of residential development in the Green Belt are limited primarily to key workers in agriculture or other Green Belt enterprises and the replacement of existing permanent homes on a one-for-one basis. As noted in Section 3 above, in instances where there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, the policies in NPF4 prevail. As such, this proposed development of 11 residential dwellings on a Green Belt site cannot be considered to represent an appropriate development in the Green Belt in planning policy terms as it fails to comply with the provisions of Policy 8 of the National Planning Framework 4. 6.5 Additionally, as set out above, insufficient information has been provided to satisfactorily demonstrate that the proposed development can be appropriately connected to the settlement of Stonehouse through the provision of a pedestrian footway link along Manse Road. Furthermore, there remain a number of other outstanding issues associated with the proposed development, in particular relating to access arrangements, visibility splays and surface water drainage arrangements. As 49
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such, the proposals as brought forward are considered to fail to comply with Policies 1 - Tackling the climate and nature crises, 2 - Climate mitigation and adaptation, 14 – Design, quality and place and 15 - Local Living and 20-minute neighbourhoods of the National Planning Framework 4. 6.6 Policy 4 of South Lanarkshire Local Development Plan 2 (2021) states that development in the green belt will be strictly controlled and that isolated and sporadic development will not be supported. Policy 4 also states that the Green Belt shall primarily function for agricultural, forestry and recreational uses, with other developments such as residential uses restricted to specific locations where appropriate justification can be provided in accordance with supporting Local Development Plan policies. The site is not closely located to the settlement of Stonehouse and is considered as isolated. The proposal is therefore contrary to Policy 4 of the Local Development Plan. 6.7 Policy GBRA1 – Rural Design and Development provides general design and development policy for rural developments while Policies 5 – Development Management and Placemaking and DM1 – New Development Design provide general guidance for all new development proposals. It is further noted that the application site is located within a Special Landscape Area as designated by Policy 14 – Natural and Historic Environment and Policy NHE16 – Landscape. 6.8 With regard to general development management considerations, the Council’s Roads and Transportation Service has noted a number of issues and concerns in respect of the proposals, with particular regard to access and visibility at the site access, surface water drainage arrangements, road improvements to facilitate construction traffic and relating to the requirement to provide improved connectivity between the site and the settlement of Stonehouse. Amended drawings were provided by the applicants seeking to address the issues raised. However, a number of matters remained unresolved, and it was noted that, while the applicants advised that a footpath link would be provided between the site and Stonehouse, detailed drawings of the footpath link, showing its location in relation to the public road, were not provided. 6.9 In this regard the applicants subsequently requested that the issues that remained outstanding be attached to a planning consent as conditions to be dealt with prior to the commencement of works on site. However, this is not considered appropriate, as this may result in a planning consent being issued where various matters required by conditions would not be achievable on site. Notwithstanding this, the proposal fails Policy 8 of NPF4 and Policy 4 of the Local Development Plan. 6.10 The applicant has failed to demonstrate that the overall layout complies with the requirements of Policies 5, GBRA1 and DM1 in relation to issues including road safety, pedestrian connectivity and surface water drainage arrangements. The proposed development is therefore considered to fail to comply with the provisions of Policies 5, GBRA1, DM1 and by extension Policy 4. 6.11 Policy 2 – Climate Change requires that developments are sustainably located and are appropriately designed and sited to meet the challenges of climate change. In this case it is noted that the development is proposed to be located in the Green Belt approximately 350 metres to the north of the designated settlement of Stonehouse. As noted above, there remain concerns with regard to the access to the site and, in particular, insufficient detail has been provided to demonstrate that a suitable pedestrian link can be put in place to connect the development to the nearby settlement. In the absence of appropriate connections, the development site would represent an isolated development in the countryside, despite its relative proximity to 50
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the settlement and would therefore not be sustainably located as required by Policy 2. As such, it has not been satisfactorily demonstrated that the proposed development adheres to the requirements of Policy 2 in this case. 6.12 In summary, taking all of the above into account, it is considered that the proposed development would constitute inappropriate development of a sensitive Green Belt site in respect of the provisions of National Planning Framework 4. Additionally, insufficient information has been provided to demonstrate that the proposed development would be appropriately connected to the adjacent settlement of Stonehouse, as required by the provisions of both National Planning Framework 4 and the South Lanarkshire Local Development Plan 2. 6.13 It is therefore concluded that the proposed development fails to adhere to the provisions of the National Planning Framework 4, with specific regard to Policies 1, 2, 8, 14 and 15. In addition, it is contrary to South Lanarkshire Local Development Plan 2, with specific regard to Policies 2, 4, 5, DM1 and GBRA1. In view of this it is recommended the application is refused planning permission. 7 Reasons for Decision 7.1 The proposal is contrary to Policies 1, 2, 8, 14 and 15 of the National Planning Framework 4 and policies 2, 4, 5, DM1 and GBRA1 of the South Lanarkshire Local Development Plan 2 (adopted 2021). David Booth Executive Director (Community and Enterprise Resources) Date: 28 April 2023 Previous references • None List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► National Planning Framework 4 ► Neighbour notification letter dated 21 October 2020 ► Consultations West of Scotland Archaeology Service 05.11.2020 Roads Development Management Team 07.10.2022 Environmental Services 06.11.2020 Roads Flood Risk Management 13.04.2022 Scottish Water 26.10.2020 Stonehouse Community Council 02.11.2020 ► Representations Dated: Mr George Smith, 6 Naismith Court, Stonehouse, Larkhall, South Lanarkshire, ML9 3HE 03.11.2020 Mark Johnston, Via Email 12.11.2020 51
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Mark Johnston, Via Email 12.11.2020 Mark Johnston, Via Email 12.11.2020 Fiona Closs, Via Email 12.11.2020 Fiona Closs, Via Email 12.11.2020 Alasdair Sutherland, Union Plaza, 1 Union Wynd, Aberdeen, AB10 1DQ 05.11.2020 Carol Weir, By Email 03.03.2022 Burness Paull, Received Via Email 31.03.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Iain Morton, Team Leader, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 842 788 Email: iain.morton@southlanarkshire.gov.uk 52
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Paper apart – Application number: P/20/1268 Detailed planning application Reasons for refusal 01. The proposal relates to the residential development of a Green Belt site in a manner that would not be supported by the provisions of the National Planning Framework 4. As such, the proposal fails to comply with the National Planning Framework 4 with specific regard to Policy 8. 02. The proposal fails to comply with Policy 4 of the South Lanarkshire Local Development 2 (2021) in that it constitutes isolated and sporadic development within the Green Belt. 03. The proposal fails to comply with Policies 1, 2, 14 and 15 of the National Planning Framework 4 in that it has not been demonstrated that the proposed development can be appropriately connected to the settlement of Stonehouse through the provision of a pedestrian footway link along Manse Road to local facilities. 04. The proposal fails to comply with Policies 2, 4, 5, DM1 and GBRA1 of the South Lanarkshire Local Development Plan 2 (adopted 2021) in that it has not been demonstrated that the proposed development can be appropriately connected to the settlement of Stonehouse through the provision of a pedestrian footway link along Manse Road to local facilities. 53
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1096 Erection of single storey detached dwelling and double garage 1. Summary Application Information Amended • Application type: Detailed planning application • Applicant: Mr and Mrs John and Carol Cuthell • Location: Woodend Mousebank Road Lanark ML11 7TD [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s): - [recs] (1) Refuse detailed planning permission (for the reason stated). [1recs] 2.2. Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3. Other information ♦ Applicant’s Agent: Burrell Design ♦ Council Area/Ward: 02 Clydesdale North ♦ Policy Reference(s): National Planning Framework 4 (2023) Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 4 Natural places Policy 14 Design, quality and place Policy 15 Local Living and 20 minute neighbourhoods Policy 17 Rural homes South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 2 Climate change Policy 4 Green Belt and Rural Area 7 55
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Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Development Policy GBRA1 Rural Design and Development Policy GBRA9 Consolidation of Existing Building Groups Policy NHE16 Landscape ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Roads Flood Risk Management Arboricultural Services Countryside and Greenspace Roads Development Management Team Scottish Water Nature.Scot 56
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Planning Application Report 1. Application Site 1.1. The application site (0.315 ha) is located at the former Woodend nursery on a greenfield paddock with a woodland backdrop, 500m north of Lanark, close to the bridge which crosses the Mouse Water. It is bounded to the west by two contemporary detached houses and to the east by Woodend Cottage. To the south the site faces onto a former equestrian exercise arena which is subject of a live permission for a detached house – work on the approved house had not started at the time of the site visit. The site is at a higher level than the housing to the west and the equestrian arena to the south – the access from Mousebank Road has a steep gradient, whilst the site itself has a gentle slope rising in a northerly direction. 2. Proposal(s) 2.1. The applicant seeks Planning Permission for a detached dwelling (4 bedrooms) featuring central full length glazing to front and rear to maximise internal natural lighting – also proposed is a detached garage and associated garden, access, and parking (minimum of 3 spaces). The proposed house would be finished with natural stone and white roughcast. A 15m wide tree shelter belt would be established in the rear garden in compliance with recommendations set down by NatureScot. 2.2. A Design Statement has been submitted as supporting information. 3. Development Plan 3.1. National Planning Framework 4 (2023) 3.1.1. Prior to the adoption of National Planning Framework (NPF4) on 13th February 2023, the Scottish Government’s Chief Planner published a letter detailing transitional arrangements and advice on NPF4 becoming part of the statutory ‘development plan’. The letter details that NPF4 must be read and applied as a whole and the content of each of the 33 policies should be used to guide decision making. Conflicts between each of the 33 policies are to be expected and factors for and against development will be weighed up in the balance of the planning judgement. 3.1.2. The following NPF4 policies are of particular relevance in the assessment of this proposal: - Policy 2 Climate mitigation and adaptation Policy 4 Natural places Policy 14 Design, quality and place Policy 15 Local Living and 20 minute neighbourhoods Policy 17 Rural homes 3.1.3. It is considered that the proposal does not accord with the general provisions or relevant policies of NPF4, and the detailed assessment is contained in Section 6 of this report. 3.2. South Lanarkshire Local Development Plan 2 (2021) 3.2.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 9th April 2021) and National Planning Framework 4 (NPF4) (which was laid before the Scottish Parliament on the 8th of November 2022 and adopted by Scottish Ministers on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, the policies in NPF4 prevail. 57
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3.2.2. The application site is in the rural area and the relevant policies in terms of the assessment of the application are: - Policy 2 Climate Change Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Development Policy GBRA1 Rural Design and Development Policy GBRA9 Consolidation of Existing Building Groups Policy NHE16 Landscape 3.3. Planning Background 3.3.1. Neighbouring the site to the south, planning permission (Ref. P/20/0971) was granted for a detached house on the former equestrian arena, granted December 2020 and this was amended by planning permission (Ref. P/21/1882), granted March 2022. Two other dwellings on the riverbank to the west were consented in around 13 years ago (CL/10/0018) and as such there are already 4 detached dwellings in the immediate area. 4. Consultation(s) 4.1. Flood Risk Management – No response received to date. Response: The site sits well above the Mouse Water and is therefore not at risk of flooding from a water course. 4.2. Countryside and Greenspace – No response received to date. Response: No public footpath or important amenity features are affected by the proposal. 4.3. Roads Development Management Team – No objection. Access would be taken onto Mousebank Road via an existing private access. The existing visibility splays onto Mousebank Road are acceptable. Four car parking spaces are available on site. An Electric Vehicle Charge point is required. Response: Noted. 4.4. Scottish Water -There is sufficient capacity at the Camps Water Treatment Works. There is no public sewer within the vicinity therefore the applicant should investigate options for a private treatment system. For reasons of sustainability and to protect their customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into their combined sewer system. Response: A private sewage treatment plan is proposed. A SUDS system to deal with surface water issues would also be required. 4.5. NatureScot – Object to the application since it is directly adjacent to the boundary of the Clyde Valley Woods Special Area of Conservation (SAC) and Cleghorn Glen Site of Special Scientific Interest (SSSI). However, the NatureScot response advises that this proposal could be progressed subject to appropriate mitigation. This includes establishing a demarcated tree belt, planted with native tree species, to act as a 15m buffer zone between the designated woodland and the proposed development. The buffer zone should not form part of the house and garden plot and no pipe work or infrastructure should be put in it. Response: Noted. 58
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5. Representation(s) 5.1. Following the statutory period of neighbour notification and advertisement, no representations have been received. 6. Assessment and Conclusions 6.1. The determining issues in the consideration of this application are its compliance with the adopted South Lanarkshire Local Development Plan 2 (SLLDP2) and the National Planning Framework 4 (NPF4). 6.2. NPF4 Policy 1 requires that when considering all development proposals, significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. The Chief Planner letter (4th February 2023) confirms that at this stage quantitative assessments are not expected for all applications. In the absence of a methodology for measuring the emissions which would result from the emissions of the proposed buildings, it is considered appropriate at this time to instead consider the general sustainability of the proposal in land-use planning terms (whether the use of agricultural land as housing land is supportable when assessed against other relevant policies in NPF4) and use that as an indicator in whether or not it is likely to minimise emissions and adapt to current and future impacts of climate change. 6.3. The relevant section of Policy 4 Natural places relates to the site falling within a designated Special Landscape Area as identified in the adopted Local Plan. The policy states ‘Development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where: Development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified’. A woodland backdrop will visually contain the development in the context of the wider surrounding area. In terms of the impact on landscape character, there are similar low-density residential developments nearby and this proposal can be integrated without having an adverse impact upon the qualities and character of the designated Special Landscape Area. As such, the proposal is considered acceptable with regards to Policy 4 of NPF4. 6.4. Policy 14 – Design, Quality and Place of NPF4 advises that proposals will be supported where they are consistent with the 6 qualities of successful places. It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. The proposed development of a new dwelling in the rural area, contrary to policies designed to preserve that rural area from housing in inappropriate locations and promote compact urban growth, is not considered to be characteristic of a liveable place and as such is contrary to Policy 14 of NPF4. 6.5. NPF4 Policy 15 – Local Living and 20-minute neighbourhoods seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by using sustainable transport options. The application site is approximately 500m outside of the Lanark settlement boundary and, as such, it would have access to a significant number of the criteria listed in Policy 15. However, it should also be noted that encouraging new homes outwith approved settlement boundaries, within the designated rural area, leads to exactly the sort of sprawled out, unconnected residential areas lacking facilities and services that this policy is designed to avoid. Whilst residents might indeed have access to many of the facilities/benefits of local living identified in the 59
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policy, the development itself would run directly contrary to the policy intent, namely to create connected and compact settlements and mixed-use neighbourhoods. As such, the proposal is not considered compatible with the intent of Policy 15 of NPF4. 6.6. NPF4 Policy 17 Rural homes aims to encourage, promote and facilitate the delivery of high quality, affordable homes in the right location. The policy advises that NPF4 does not support new housing in the accessible rural area unless: the site is allocated for housing in the Local Plan; involves conversion of existing buildings; supports a viable rural business; is for a retired farmer; or is for a one to one replacement of an existing house. In the case of this proposal, none of said criteria would apply, therefore, it does not accord with Policy 17. 6.7. With regards to the adopted SLLDP2 Policy 2 Climate Change seeks to minimise and mitigate against the effects of climate change by considering various criteria including: being sustainably located; reuse of vacant and derelict land; avoidance of flood risk areas; incorporating low and zero carbon generating technologies; opportunities for active travel routes and trips by public transport; electrical vehicle recharging infrastructure and where appropriate connection to heat networks. 6.8. The site is not at risk of flooding. If the proposal was considered acceptable, the applicant could be asked to submit further details of low carbon technology; a tree planting scheme and the installation of electric vehicle charging points for the approval of the planning authority. In consideration, the proposals would not undermine the objectives of Policy 2 of the SLLDP2. 6.9. Policy 4 ‘Green Belt and Rural Area’ of the SLLDP2 specifies that within the Rural Area, the aim is to protect the amenity of the countryside while at the same time, supporting small scale development in the right places that is appropriate in land use terms and is of a high environmental quality that will support the needs of communities. It functions primarily for agriculture, forestry, recreation, and other uses appropriate to the countryside. Development which does not need to be in the countryside will be expected to be accommodated within the settlements identified on the proposals map. Isolated and sporadic development will not be supported. The proposed dwelling does not need to be in the countryside and it is not sustainable to incrementally add additional housing to this rural location. As such the proposal is considered to be contrary to Policy 4 of the South Lanarkshire Local Development Plan 2. 6.10. Given that the principle of development is not considered to be acceptable in this location, the design of the proposed dwelling in terms of Policies 5 ‘Development Management and Place Making’ and GBRA1 ‘Rural Design and Development’ of SLLDP2 is not considered to be a determining factor in the assessment of this application. 6.11. Notwithstanding this, the design of the dwelling reflects a mix of traditional and contemporary with steep pitched roof, vertically proportioned windows, roughcast and stone walls with a low profile, a simple plan form and a limited blend of external finishes. The proposal is therefore generally satisfactory in terms of Policy 5 of the South Lanarkshire Local Development Plan (Adopted 2021). 6.12. The site falls within a designated Special Landscape Area where Policies 14 and NHE16 of SLLDP2 seek to conserve those features which contribute to local distinctiveness. All proposed development should consider the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. The site falls within the Incised River Valley Landscape character type where settlement encroachment and suburban residential development is discouraged. The character 60
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of these areas would be very sensitive to any measures which resulted in the loss of natural river landscapes, or the introduction of modern, engineered structures. 6.13. The proposed development reflects elements of traditional rural architecture. A woodland backdrop would visually contain the development in the context of the wider surrounding area and NatureScot have advised that with appropriate mitigation, landscape impacts could be acceptable in this instance. There are similar low-density residential developments nearby and, as such, this proposal can be integrated without appearing out of place. In view of these circumstances, the proposal complies with policies 15 and NHE16. 6.14. In summary, the proposals are directly contrary to policies within National Planning Framework 4 (2023) and the South Lanarkshire local Development Plan (Adopted 2021), particularly with regards to new homes in the rural area and the need to only encourage housing in sustainable locations. There are no material considerations which would outweigh this variance with the development plan. In view of this, it is recommended that the application is refused planning permission. 7. Reasons for Decision 7.1. The proposal is contrary to Policies 14, 15 and 17 of National Planning Framework 4 (adopted 2023) and Policy 4 – Green Belt and the Rural Area of South Lanarkshire Council Local Development Plan (Adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references P/20/0971 (Planning Committee - 1 December 2020) P/21/1882 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 5 September 2022 ► Consultations Roads Flood Risk Management Countryside and Greenspace 06.09.2022 Roads Development Management Team 21.09.2022 Scottish Water 21.09.2022 Nature.Scot 23.03.2023 ► Representations None Dated: 61
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Contact for further information If you would like to inspect the background papers or want further information, please contact:- David Russell, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 845 757 Email: David.Russell@southlanarkshire.gov.uk 62
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Detailed Planning Application Paper apart – Application number: P/22/1096 Reasons for Refusal 01. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4 as new homes in rural areas are not supported in unsuitable locations. The proposed location for the new dwellings does not meet any of the criteria to be considered suitable and as such cannot be supported. 02. The proposal would be contrary to Policy 14 – Design, Quality and Place of National Planning Framework 4 as it is not consistent with the 6 qualities of successful places. Specifically, it fails to achieve the characteristics of a sustainable place. 03. The proposal would be contrary to Policy 15 - Local Living and 20 minute neighbourhoods of National Planning Framework 4 as it fails to create connected and compact settlements and mixed-use neighbourhoods. 04. The proposal would be contrary to Policy 4 – Green Belt and the Rural Area of South Lanarkshire Local Development Plan 2 as the dwellings constitute sporadic development in the rural area which is not located in a settlement. 63
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1122 Erection of a single dwellinghouse with associated access and parking 1 Summary application information Amended Application type: Detailed planning application Applicant: Mrs L Hyslop Location: Land at Peel Road Thorntonhall G74 5AA [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse detailed planning permission (for the reason stated). [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: DTA . ♦ Council Area/Ward: 09 East Kilbride West ♦ Policy Reference(s): National Planning Framework 4 (adopted 2023) Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 6 - Forestry, woodland and trees Policy 8 - Green belts Policy 14 - Design, quality and place Policy 15 - Local Living and 20 minute Neighbourhoods Policy 16 - Quality homes 8 65
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South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 2 - Climate change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy DM1 - New Development Design Policy GBRA1 - Rural Design and Development Policy GBRA9 - Consolidation of Existing Building Groups Policy NHE13 - Forestry and Woodland ♦ Representation(s): ► 3 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): West of Scotland Archaeology Service Roads Development Management Team Environmental Services Jackton and Thorntonhall Community Council 66
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Planning Application Report 1 Application Site 1.1 This application relates to a parcel of land off Peel Road, Thorntonhall. The site, which extends to approximately 0.1 hectares, is designated as Green Belt within the adopted South Lanarkshire Local Development Plan (2021). The site is bound to the north by a parcel of land also owned by the applicant; to the east by Peel Road and the residential property known as Ballinluig; to the west by a large established woodland; and to the south by the driveway that serves existing residential properties Dalveen and Woodside. 1.2 The site, which is relatively flat, is currently an unused grassed field abutting Peel Road along its eastern boundary. This boundary, which is the frontage of the site, includes a hedgerow along most of its length. It is noted there are a few trees and bushes on the site. The applicant advises the field is unsuitable for farming. 2 Proposal(s) 2.1 The proposal is for the erection of a 1.5 storey dwelling positioned centrally within the site with a frontage towards Peel Road and the formation of a new vehicular access. The proposed dwelling, with a footprint of approximately 106 square metres, would provide a kitchen, dining room, living room and study on the ground floor, with 4no. bedrooms, bathroom, and ensuites on the first floor. The dwelling would be finished in white render, blonde stone accents and synthetic slate. The access to the site would be to the north of the site resulting in an extended driveway to the dwelling. It is noted that the access was changed during the course of the application from the initial submission. 3 Development Plan 3.1 National Planning Policy Framework 4 3.1.1 In terms of NPF4, the following policies are relevant to the assessment of this proposal:- Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 4 - Natural places Policy 6 - Forestry, woodland and trees Policy 8 - Green belts Policy 14 - Design, quality and place Policy 15 - Local Living and 20-minute Neighbourhoods Policy 16 - Quality homes 3.2 South Lanarkshire Local Development Plan 2 3.2.1 In terms of land use, the application site is identified within the South Lanarkshire Local Development Plan 2 (Adopted 2021) as being within the Green belt. As such, the following policies are all relevant to the assessment of this proposal:- Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy DM1 - New Development Design Policy GBRA1 - Rural Design and Development Policy GBRA9 - Consolidation of Existing Building Groups Policy NHE13 - Forestry and Woodland 67
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3.3 Relevant Government Advice/Policy 3.3.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 9th April 2021) and National Planning Framework 4 (NPF4) (which was laid before the Scottish Parliament on the 8th of November 2022 and adopted by Scottish Ministers on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th of February 2023, then the policies in NPF4 prevail. 3.4 Planning Background 3.4.1 Between 2000 and 2006, there were 5 applications at this site for either one or two dwellings, however, all applications were withdrawn or refused by the Council. Since then, the most recent application for this site was P/22/0718 which was for 2no. dwellings and incorporated the adjacent parcel of land owned by the applicant. However, this was subsequently withdrawn by the applicant. 4 Consultation(s) 4.1 Roads Development Management – No objections to the proposal subject to the attachment of conditions in relation to surfacing, visibility splays, and the provision of a Construction Traffic Management Plan (CTMP). Response: Noted. 4.2 Environmental Services – No objections to the proposal subject to the attachment of a condition requiring details of the facilities for the storage and collection of refuse to be submitted and agreed, and advisory notes relating to noise, contamination and pest control. Response: Noted. 4.3 Jackton and Thorntonhall Community Council - Object to the proposal as they consider it contrary to policies 1, 2, 3, 4 and 5 of the adopted Local Plan, and consider that the applicant has not put forward sufficient justification for the proposal. They further consider the proposed access is dangerous and note there is no housing shortage in the area, therefore, do not consider there is a requirement for a new property at this location. Response: This is noted, and the assessment of the proposal is detailed in section 6 below. 4.4 West of Scotland Archaeology Service (WOSAS) – No objections to the proposal. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and the proposal was advertised in the local press as development contrary to the development plan and as not all neighbours could be identified. A total of three objections have been received, which raise concern in relation to the following matters:- ⧫ contrary to Policies 1, 2, 4, 5, GBRA1 and GBRA9 of the adopted SLLDP2 ⧫ amenity impacts ⧫ road safety ⧫ trees ⧫ scale, design and massing ⧫ protected species 68
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5.2 The above issues will be considered in the assessment below and full copies of these representations are available for inspection on the planning portal. 5.3 Other issues raised by objectors relate to the validation of the application submission and insufficient information. However, the Council is satisfied that all necessary information required to validate and assess the proposal has been submitted. The validity of the land ownership certificate and the red line application site boundary has also been queried, however, the Council is also satisfied this has been carried out in line with guidelines with the appropriate neighbour notification and advertisement taking place. 6 Assessment and Conclusions 6.1 The applicant seeks detailed planning permission for the erection of 1 no. dwelling with associated access and parking on Land at Peel Road, Thorntonhall. The determining issues in the consideration of this application are its compliance with the development plan, which consists of National Planning Framework 4 (Adopted 2023) and South Lanarkshire Local Development Plan 2 (Adopted 2021). 6.2 NPF4 is now a material consideration in the determination of planning applications. The proposed development has therefore also been considered against the relevant policies in NPF4 as detailed below. 6.3 Policy 8 – Green belts of NPF4 specifies that proposals for development in designated green belt areas will only be acceptable if they fall into one of the categories listed below:- ⧫ development associated with agriculture, woodland creation, forestry and existing woodland (including community woodlands) ⧫ residential accommodation required and designed for a key worker in a primary industry within the immediate vicinity of their place of employment where the presence of a worker is essential to the operation of the enterprise, or retired workers where there is no suitable alternative accommodation available ⧫ horticulture, including market gardening and directly connected retailing, as well as community growing ⧫ outdoor recreation, play and sport or leisure and tourism uses; and developments that provide opportunities for access to the open countryside (including routes for active travel and core paths) ⧫ flood risk management (such as development of blue and green infrastructure within a “drainage catchment” to manage/mitigate flood risk and/or drainage issues) ⧫ essential infrastructure or new cemetery provision ⧫ minerals operations and renewable energy developments ⧫ intensification of established uses, including extensions to an existing building where that is ancillary to the main use ⧫ the reuse, rehabilitation and conversion of historic environment assets ⧫ one-for-one replacements of existing permanent home 6.4 This policy also includes a further set of criteria that a proposal falling into one of the above categories must also comply with in order to be considered acceptable. However, as this proposal does not fall into any of the above categories, it does not comply with Policy 8 of NPF4 and is therefore considered to be contrary. 69
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6.5 Policy 1 – Tacking the climate and nature crises of NPF4 advises that significant weight will be given to the global and nature crises when considering all development proposals. Policy 2 – Climate mitigation and adaptation expands on this requiring all new developments to be sited and designed to minimise greenhouse gas emissions as far as possible, and to adapt to current and future risks for climate change. The Chief Planner letter from 4 February 2023 confirms that at this stage, quantitative assessments are not expected for all applications. In the absence of a methodology for measuring the emissions which would result from the emissions of the proposed buildings, it is considered appropriate at this time to instead consider the general sustainability of the proposal in land-use planning terms (whether the use of agricultural land as housing land is supportable when assessed against other relevant policies in NPF4) and use that as an indicator in whether or not it is likely to minimise emissions and adapt to current and future impacts of climate change. 6.6 Policy 3 – Biodiversity of NPF4 aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Policy 4 – Natural Places of NPF4 advises proposals, by virtue of type, location or scale that will have an adverse impact on the natural environment will not be supported. In terms of these policies, as noted above the applicant has provided a preliminary ecological survey which identified any habitat types within the site, including a search for protected species. Whilst no protected species were found within the site, it included recommendations in relation to birds. It is therefore considered the appropriate surveys have been submitted and the proposal complies with the general requirements of Policies 3 and 4 of NPF4. 6.7 Policy 6 - Forestry, woodland and trees advises proposals that enhance, expand and improve woodland and tree cover will be supported. Those that result in the loss of ancient woodlands, native woodlands, hedgerows and individual trees of high biodiversity value will not be supported. In this case, the proposal will require the partial removal and reduction in height of the existing hedgerow feature along the frontage of the site. Given this, it does not comply with Policy 6 and is therefore considered to be contrary. 6.8 Policy 14 - Design, quality and place of NPF4 advises that proposals will be supported where they are consistent with the 6 qualities of successful places (Healthy, Pleasant, Connected, Distinctive, Sustainable, Adaptable). It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. Whilst the design of the proposed dwelling is considered to be acceptable, the erection of a dwelling within the green belt, contrary to the policy designed to preserve the green belt, is not considered to be characteristic of a Sustainable place. Given its location is removed from the main settlement of Thorntonhall, the proposal is also not considered to be Connected. As such, this proposal is contrary to Policy 14 of NPF4. 6.9 Policy 15 - Local Living and 20-minute neighbourhoods of NPF4 seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling, or using sustainable transport options. In this case, whilst the proposal would be located immediately adjacent to existing residential properties, access to amenities would rely on travelling outwith the settlement which would not comply with the intention of this policy. As such, the proposal would also be contrary to Policy 15 of NPF4. 70
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6.10 Policy 16 - Quality homes of NPF4 seek to encourage, promote and facilitate the delivery of high quality, affordable and sustainable homes, in the right locations. It advises that development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where:- i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20-minute neighbourhoods; iii. and either: delivery of sites is happening earlier than identified in the deliverable housing land pipeline; or the proposal is consistent with policy on rural homes; or the proposal is for smaller scale opportunities within an existing settlement boundary; or the proposal is for the delivery of less than 50 affordable homes 6.11 In terms of Policy 16 of NPF4, the proposal does not comply with any of the criteria listed above, and therefore must also be deemed contrary to this policy. 6.12 The application site is also located within the Green Belt, therefore Policy 4 – Green Belt and Rural Area of SLLDP2 is applicable. This policy states that the purpose of the green belt is to direct development to appropriate locations, protect and enhance the character and landscape setting of settlements, and to protect and provide access to open space. It goes on to advise that development which does not require to be located in the countryside will be expected to be included within a settlement boundary. 6.13 Policy GBRA1 – Rural Design and Development requires all development within the green belt and rural area to be sited in a manner that respects existing built form, land form and local landscape character and setting. Developments shall incorporate suitable landscaping and boundary treatments, and existing trees, woodland and boundary features such as hedgerows shall be retained. 6.14 Policy 5 – Development Management and Placemaking advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and the environment. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design also requires development to promote quality and sustainability in design and layout. 6.15 Policy 2 – Climate Change also seeks to ensure that developments seek to minimise and mitigate against the effects of climate change and that development does not result in any significant environmental or amenity impacts. Policy NHE13 – Forestry and Woodland seeks to protect and enhance ancient woodland, other woodlands, hedgerows and individual trees. 6.16 With regards to Policy 4 of SLLDP2, it has not been demonstrated that the proposed development requires to locate to the green belt. In terms of Policy GBRA1, the application site contains an existing mature hedgerow along the full frontage of the site which would require partial removal, as well as significant reduction in height to meet Roads and Transportation requirements. Given that green belt policies seek to protect such features, the proposal is considered to be at odds with these policies. 71
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6.17 In terms of Policy NHE13, proposal requiring removal should be accompanied by a full tree survey and written justification provided for any proposed losses. Whilst a tree survey has been submitted and the proposal should not impact on the adjacent ancient woodland, significant alteration to the existing hedgerow fronting the site will be required to allow the vehicular access and provide the required visibility splay. The Council do not consider these alterations to be acceptable and therefore the proposal is also considered to be contrary to Policy NHE13 of SLLDP2. 6.18 In terms of Policies 2 and 5 of SLLDP2, the proposed dwelling is 1.5 storeys in height, of a modest footprint, and incorporating both traditional and contemporary features within its design. Following assessment of the proposal, the size, scale and design of the dwelling is considered to be acceptable for this plot, as well as suitable for integration with the adjacent properties. An objection was submitted considering the scale, design and massing to be unacceptable. In terms of impact on adjacent properties, it is noted that the properties to the south and south-east of the site (Dalveen and Woodside) are partly screened from the site due to mature trees within these sites. In terms of the dwelling opposite, this sits approximately 36 metres from the proposed dwelling. As such, it is considered there would be no loss of privacy or overlooking which was also raised as an objection. 6.19 The Council’s Roads and Transportation Service was consulted as part of the application process. It is noted that the access to the site was initially further south along Peel Road opposite the property known as Ballinluig. Following review, Roads concluded that the required visibility was not achievable and as such this was relocated. Roads have now confirmed their satisfaction with the revised access and have requested the attachment of conditions in relation to visibility splays, surfacing and the provision of a construction traffic management plan should permission be granted. It is noted that one of the points raised through objection related to road safety concerns in relation to the access. However, as noted above, the Councils Roads Service is satisfied with this aspect of the proposal. Environmental Services were also consulted and raised no objection subject to condition. 6.20 As noted above, following neighbour notification and advertisement in the local press, three objections were received in respect of this proposal. The points of these have been addressed throughout this report. 6.21 In conclusion, the proposal is considered contrary to Policies 6, 8, 14, 15 and 16 of the adopted National Planning Framework 4 (2023) and Policies 4, GBRA1 and NHE13 of the adopted South Lanarkshire Local Development Plan 2 (2021). In view of this, it is recommended that planning permission is refused. 7 Reasons for Decision 7.1 The proposed development does not comply with the requirements of Policies 6, 8, 14, 15 and 16 of National Planning Framework 4 (adopted 2023) and Policies 4, GBRA1 and NHE13 of the South Lanarkshire Local Development Plan 2 (adopted 2021). David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 72
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Previous references EK/00/0082 EK/01/0159 EK/02/0269 EK/03/0045 EK/06/0465 P/22/0718 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► National Planning Framework 4 (adopted 2023) ► Neighbour notification letters dated 08.08.2023 and 31.01.2023 ► Consultations West of Scotland Archaeology Service 11.08.2022 Roads Development Management Team 26.08.2022 Environmental Services 29.08.2022 Jackton and Thorntonhall Community Council 25.08.2022 ► Representations Dated: John Russell MRTPI AssocRICS, Received Via Email 25.08.2022 John Russell MRTPI AssocRICS, Received Via Email 09.02.2023 Mrs Julie Culligan, Dalveen, Peel Road, Thorntonhall, GLASGOW, G74 5AA 21.02.2023 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Iain Morton, Team Leader, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 842 788 Email: iain.morton@southlanarkshire.gov.uk 73
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Detailed planning application Paper apart – Application number: P/22/1122 Reasons for refusal 01. The proposal is contrary to Policy 8 (Green belts) of National Planning Framework 4 (NPF4) as it does not meet the criteria listed in the policy for green belt development and therefore 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 14 (Design, Quality and Place) of National Planning Framework 4 (NPF4) as it is not consistent with the 6 qualities of successful places. Specifically, it fails to achieve the characteristics of a sustainable and connected place. 03. The proposal is contrary to Policy 15 (Local Living and 20 minute neighbourhoods) of National Planning Framework 4 (NPF4) as it fails to create a connected neighbourhood. 04. The proposal is contrary to Policy 16 (Quality homes) of National Planning Framework 4 (NPF4) as it does not constitute the delivery of high quality homes in the right locations as set out in the policy criteria. 05. The proposal is contrary to Policy 6 (Forestry, woodland and trees) of National Planning Framework 4 (NPF4) as it would result in unacceptable alterations to an established hedgerow. 06. The proposal is contrary to Policy 4 - Green Belt and Rural Area and GBRA1 – Rural Design and Development of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development that cannot be otherwise justified, it would result in the partial loss of an existing boundary feature and would therefore adversely affect the character of the Green Belt at this location. 07. The proposal is contrary to Policy NHE13 – Forestry and Woodland of the South Lanarkshire Local Development Plan 2 as it would result in unacceptable alterations to an established hedgerow. 74
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1503 Erection of extension to three warehouses 1 Summary application information Amended • Application type: Detailed planning application • Applicant: John Dewar and Sons Limited • Location: John Dewar Whisky Access from B7078 to Dalquhandy Quarry Douglas Lanark ML11 0RL [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: North Planning and Development Limited ♦ Council Area/Ward: 04 Clydesdale South ♦ Policy Reference(s): National Planning Framework 4 Policy 1 Tackling the Climate and Nature Crises Policy 2 Climate Mitigation and Adaptation Policy 23 Health and Safety Policy 26 Business and Industry Adopted South Lanarkshire Local Development Plan 2 Policy 1 Spatial Strategy Policy 2 Climate Change 9 77
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Policy 5 Development Management and Placemaking Policy 8 Employment Policy ICD1 Strategic Economic Investment Locations Policy DM1 New Development Design ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): The Coal Authority Roads Development Management Team Environmental Services Transport Scotland Health and Safety Executive 78
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Planning Application Report 1 Application Site 1.1 The application site is located on land to the east of the existing John Dewars Whisky maturation and blending site, at Poniel, North of Douglas. The site is accessed from the roundabout at Junction 11 on the M74 and the access road serves the main John Dewar facility and the Cumberhead / Douglas West Wind Farm to the south-west of the site. 1.2 The site is formed with platforms which step up gradually from north to south and the area for the proposed extensions has been cleared during the construction of the previous buildings. 2 Proposal(s) 2.1 Planning permission is sought for the erection of extensions to three warehouses to the east of the site. The proposed extensions are to warehouses 19, 20 and 21 which were previously consented under Planning Consent CL/17/0003. The extensions will match the warehouses in design and height. The height to the highest point of each warehouse is approximately 11.0m and measures approximately 57.0m x 35.5m. 2.2 The building extensions are externally clad in profile metal sheeting in colour Meadowland green. Each section has a roller shutter vehicular access with a canopy over and pedestrian access doors. Existing drainage arrangements will be extended and linked into the existing SuDS detention basin to the north. 3 Development Plan 3.1 National Planning Framework 4 3.1.1 The National Planning Framework 4 was approved by the Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. National Planning Framework 4 (NPF4) provides 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. 3.1.2 In respect of NPF4 the following policies are of particular relevance in the assessment of this proposal:- Policy 1 Tackling the Climate and Nature Crises Policy 2 Climate Mitigation and Adaptation Policy 23 Health and Safety Policy 26 Business and Industry 3.2 South Lanarkshire Local Development Plan 2 3.2.1 The site is identified within the adopted South Lanarkshire Local Development Plan 2 (2021) (SLLDP2) as being located within the Poniel Strategic Economic Investment Locations. The following policies require to be taken into consideration:- Policy 1 Spatial Strategy Policy 2 Climate Change Policy 5 Development Management and Placemaking Policy 8 Employment Policy ICD1 Strategic Economic Investment Locations Policy DM1 New Development Design 79
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3.3 Planning Background 3.3.1 Outline planning consent (CL/04/0679) was granted in April 2005 for the erection of industrial, storage and distribution, specialised retail and office use, visitor-related facilities, associated infrastructure and landscaping. Planning consent was subsequently granted for a whisky storage and blending facility, with associated landscaping, roadworks and infrastructure on part of this site in November 2007 (CL/07/0545). It also forms part of the subsequent 2010 Poniel PPIP consent (CL/10/0180) and was extended by 3 years by a subsequent Section 42 application granted in May 2014 (CL/14/0070). In March 2017 further consent (CL/17/0003) was granted for extensions to the original whisky storage and blending facility. The current application is to extend three of the previously consented whisky storage warehouses which have been completed or are under construction. 3.3.2 There is a history of minerals applications within the application site and the surrounding area, including the extraction of sand and gravel at Poniel Quarry and opencast coal operations. Quarrying activities at both sites are now complete and associated restoration has been carried out. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management) – raised no objections to the proposed development subject to conditions in respect of a construction Traffic Management Plan. Response: Noted. Should planning permission be approved appropriate conditions could be attached to any decision issued. 4.2 Environmental Services – raised no objections to the proposed development subject to a condition in respect of noise levels. Response: Noted. 4.3 The Coal Authority – no objections to the proposed development. Response – Noted 4.4 Transport Scotland – no objections to the proposed development. Response – Noted 4.5 Health and Safety Executive – does not advise against the granting of planning permission for the proposed development. Response – Noted 5 Representation(s) 5.1 Following the statutory period of neighbour notification and advertisement, no letters of representation have been received. 6 Assessment and Conclusions 6.1 Under the terms of 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. In this case, the Development Plan comprises the approved National Planning Framework 4 2023 (NPF4) and the adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). 6.2 NFP4 Policy 1 Tackling the Climate and Nature Crises and NPF4 Policy 2 Climate Mitigation and Adaptation aim to ensure that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The proposal is for the expansion of an existing major whisky storage and blending facility which requires to be located away from built up areas and close to existing 80
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strategic transport infrastructure. It is, therefore, considered that the proposed development accords with NFP4 Policy 1 Tackling the Climate and Nature Crises and NPF4 Policy 2 Climate Mitigation and Adaptation in this instance. 6.3 NPF4 Policy 23 Health and Safety states that development proposals within the vicinity of a major accident hazard site or major accident hazard pipeline (because of the presence of toxic, highly reactive, explosive or inflammable substances) will consider the associated risks and potential impacts of the proposal and the major accident hazard site/pipeline being located in proximity to one another. This is an expansion of an existing hazardous substances facility and the additional volumes of spirits proposed to be stored on site are within the limits of the current Hazardous Substances Consent (P/18/0733). The Health and Safety Executive have not advised against the granting of planning permission for the proposed development. It is therefore considered that the proposed development accords with NPF4 Policy 23 Health and Safety. 6.4 NPF4 Policy 26 Business and Industry supports development proposals for business and industry uses on sites allocated for those uses in the LDP. Development proposals for business and industry uses will be supported where they are compatible with the primary business function of the area. The proposal is for the expansion of an existing major whisky storage and blending facility which is located on an existing industrial storage site which is designated as a Strategic Economic Investment Location in the LDP. It is located away from residential areas and has an existing access road which is close to existing strategic transport infrastructure. It is therefore considered that the proposed development accords with NPF4 Policy 26 Business and Industry. 6.5 In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 1 - Spatial Strategy of the SLLDP2 states that the LDP will encourage sustainable economic growth and regeneration, protect and enhance the built and natural environment and move towards a low carbon economy. The site forms part of the Spatial Strategy Development Opportunities being identified as Poniel Strategic Economic Investment Location where distribution and logistics development are promoted. The proposal is for the expansion of an existing major whisky storage and blending facility which accords with the aims of the Spatial Strategy. It is therefore considered that the proposed development is consistent with SLLDP2 Policy 1 Spatial Strategy. 6.6 Policy 2 - Climate Change of the SLLDP2 states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. The proposal is for the expansion of an existing major whisky storage and blending facility which requires to be located away from built up areas and close to existing strategic transport infrastructure. It is therefore considered that the proposed development is consistent with SLLDP2 Policy 2 Climate Change. 6.7 Policy 5 - Development Management and Placemaking and Policy DM1 - New Development Design state that development proposals should take account of and be integrated within the local context and built form. New development should also have no significant adverse impacts on the local community. The proposed development is an expansion of an existing facility and is located in a designated industrial area. The proposal is for the extension to existing buildings and the proposed scale, design and materials will match those of the existing buildings. It is therefore considered the proposed development is consistent with SLLDP2 Policy 5 - Development Management and Placemaking and Policy DM1 - New Development Design. 81
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6.8 Policy 8 Employment and Policy ICD1 Strategic Economic Investment Locations support sustainable economic growth and regeneration in employment land use areas. These include Strategic Economic Investment Locations (SEILs) which are priority locations which are the highest quality industrial and business locations and where relevant investment will be promoted. Poniel Strategic Economic Investment Location is identified as a location where distribution and logistics development are promoted. The proposal is for the expansion of an existing major whisky storage and blending facility which accords with the aims of the Poniel SEIL. It is therefore considered the proposed development is consistent with SLLDP2 Policy 8 Employment and Policy ICD1 Strategic Economic Investment Locations. 6.9 In conclusion, it is noted that the principle of storage and distribution development on this site is supported by the NPF4 policies and SLLDP2 policies, including the location of the site in a designated Strategic Economic Investment Location. The proposal is for the expansion of an existing major whisky storage and blending facility supporting sustainable economic growth, regeneration and investment in an area of former mineral extraction. There are no objections from statutory consultees. It is therefore recommended that planning permission be granted. 7 Reasons for Decision 7.1 The proposed erection of extensions to three warehouses at this established facility are of a suitable scale and design and are consistent with the aims of the Poniel Strategic Economic Investment Location. The proposal is considered to be consistent with NPF4 Policies 1, 2, 23 and 26 and with Policies 1, 2, 5, 8, ICD1 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references Planning Consent CL/04/0679 Planning Consent CL/07/0545 Planning Consent CL/10/0180 Planning Consent CL/14/0070 Planning Consent CL/17/0003 Hazardous Substances Consent P/18/0733 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 23 November 2022 ► Consultations The Coal Authority 01.12.2022 & 22.12.2022 Roads Development Management Team 12.12.2022 Environmental Services 03.04.2023 Transport Scotland 01.12.2022 82
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Health and Safety Executive 30.03.2023 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Iain Morton, Team Leader, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 842 788 Email: iain.morton@southlanarkshire.gov.uk 83
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Detailed planning application Paper apart – Application number: P/22/1503 Conditions and reasons 01. That the facing materials to be used for the external walls and roofs of the buildings hereby approved shall match in colour and texture those of the existing adjacent buildings on the existing whisky maturation and bonding site, to the satisfaction of the Council as Planning Authority. Reason: To ensure satisfactory integration of the proposed extension with the existing building both in terms of design and materials. 02. That before the development hereby permitted is occupied or brought into use, all the fences or walls indicated on the approved plans shall be erected to the satisfaction of the Council as Planning Authority. Reason: In the interests of amenity and in order to retain effective planning control 03. That prior to any works commencing on site the developer shall submit, for the written approval of the Council as Planning Authority, a Traffic Management Plan (TMP) to cover all construction traffic entering and exiting site via the western roundabout at Junction 11 of the M74 motorway. The TMP plan shall include details of the following: a. The routeing of all traffic associated with the development. b. A construction programme with HGV/LGV/Car movements by month and type of work. c. Measures to ensure that the specified routes are adhered to by all operatives and suppliers, including monitoring procedures. d. Details of all temporary construction direction signage. e. Provisions for emergency vehicle access. f. Wheel washing facilities to provide detritus being deposited on the public road. g. Site staff car parking and laydown space. h. Identification of a nominated person to whom any road safety issues can be referred. Reason: In the interests of traffic and public safety. 04. The recommendations contained within the approved Traffic Management Plan shall be implemented and adhered to at all times. The developer shall notify the Council in writing, as soon as reasonably practical, of any changes in construction activities where these will have an impact on the approved TMP. The developer will consult with the Council, as Roads Authority to agree in writing any changes to the TMP, and thereafter adhere to and implement the agreed changes to the satisfaction of the Council as Planning Authority. Reason: In the interests of traffic and public safety 84
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1746 Change of use from vacant office (class 4) to cafe/bistro/restaurant (Class 3) with associated external seating area 1 Summary application information Amended • Application type: Detailed planning application • Applicant: New Lanark Trust • Location: David Dale’s House Rosedale Street New Lanark Lanark ML11 9DJ [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Ryden ♦ Council Area/Ward: 02 Clydesdale North ♦ Policy Reference(s): National Planning Framework 4 Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 14 – Design, quality and place Policy 12 - Zero Waste Policy 7 - Historic Assets South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 2 - Climate Change Policy 3 - General Urban Area 10 87
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Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy DM1 - Design ♦ Representation(s): ► 6 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Environmental Services Roads Development Management Team Historic Environment Scotland Regeneration Service Countryside and Greenspace 88
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Planning Application Report 1 Application Site 1.1 The application site is located within the settlement of New Lanark, which is both a Conservation Area and World Heritage Site. The building itself is a Category A listed building. The settlement of New Lanark does not have a designated local neighbourhood centre, however, it contains a mix of uses including visitor centre, businesses, café and retail, hotel (associated restaurant and bar) and residential properties. David Dale’s House is a detached building situated between Robert Owen’s House, used as part of New Lanark Trust’s visitor experience, and the Wee Row which is a vacant youth hostel. 2 Proposal(s) 2.1 The proposal seeks to change the use of the vacant office, David Dale’s House, to a Class 3 restaurant use and associated external seating area. A kitchen and dining area would be formed on the ground floor, with staff space and toilets provided on the upper floor. There is an external terrace area in front of David Dale’s House (south) gravelled and bound by a low stone wall and hedge, the external seating area is proposed to be located within this area. 2.2 The Planning and Heritage Statement provides a description of the interior and exterior of the building and details of its listed status. The Statement notes the property has been vacant since 2018 and has identified the property for a Class 3 use, as it is one of the few detached properties within the control of the Trust. 3 Development Plan 3.1 National Planning Framework 4 (2023) 3.1.1 Prior to the adoption of National Planning Framework 4 (NPF4) on 13th February 2023 the Chief Planner published a letter detailing transitional arrangements and advice on NPF4 becoming part of the statutory ‘development plan’. The letter details that NPF4 must be read and applied as a whole and each of the 33 policies should be used to guide decision making. Conflicts between each of the 33 policies are to be expected and factors for and against development will be weighed up in the balance of the planning judgement. 3.1.2 The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 14 – Design, quality and place Policy 12 - Zero Waste Policy 7 - Historic Assets 3.1.3 It is considered that the proposal accords with the general provisions and relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 9th April 2021) and NPF4. Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, then the policies in NPF4 prevail. 89
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3.2.2 The application site is within the general urban area of New Lanark in the adopted SLLDP2. The relevant policies in terms of the assessment of the application are:- Policy 2 - Climate Change Policy 3 - General Urban Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy DM1 - Design 3.2.3 It is considered that the proposal accords with the relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 There is no relevant planning history for this building. However, planning applications (P/22/1744 and P/22/1745) have been submitted for the Wee Row, adjacent to the application site for change of use from youth hostel to 4 townhouses. 4 Consultation(s) 4.1 Roads Development Management Team – Do not object to the proposal subject to further details relating to parking and deliveries being submitted and agreed prior to any use of the building commencing. Response: The comments are noted and the matters raised can be dealt with through the use of appropriate planning conditions. 4.2 Environmental Services - No objections subject to conditions relating to operating hours, method of ventilation and storage and collection of waste Response: Noted. 4.3 Countryside and Greenspace – No objection. Response: Noted 4.4 Historic Environment Scotland – No objection. Response: Noted 5 Representation(s) 5.1 Statutory neighbour notification procedures were undertaken and six letters of representation objecting to the proposal were received. The issues raised are summarised as follows:- Built Heritage ⧫ Impact on the Category A listed building ⧫ Planning application should be referred to UNESCO for consideration ⧫ Impact/loss of David Dale story Amenity ⧫ Noise impact ⧫ Loss of amenity by way of additional tourists ⧫ Proximity to residential properties Roads and Access ⧫ Parking issues, increased congestion ⧫ Access issues Other Matters ⧫ Impact on bats which are a protected species ⧫ Pressure on sewerage system 90
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The above issues are considered in section 6 of this report and full copies of the representations are available to view on the planning portal. A number of other non-material planning issues were also raised by objectors:- ⧫ Object to the introduction of a competitor to existing café, hotel restaurant and bar ⧫ Gardens should not be used for private profiteering ⧫ Sufficient café, coffee shops, bars and restaurants in Lanark ⧫ No need for another eatery within the grounds of New Lanark ⧫ This does not foster a positive relationship with New Lanark 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the development plan, which consists of National Planning Framework 4 (Adopted 2023) and South Lanarkshire Local Development Plan 2 (Adopted 2021). 6.2 NPF4 Policy 1 requires that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. It is not considered this proposal due to its scale and nature, as a change of use from office to restaurant, requires a qualitative assessment under NPF4 Policy 2. The SLLDP2 Policy 2 Climate Change sets out criteria which new development should address to minimise and mitigate against climate change, which is in line with the aims and intentions of NPF4 Policy 2. 6.3 In this case, the scale of the proposal means that it is more appropriate to assess the proposals’ climate change impact and mitigation against SLLDP2 Policy 2. The proposal is located within an existing settlement and brings a vacant building back into use, protecting a listed building. The proposal will have no significant adverse impact on the water or soil environment, flood risk, air quality, biodiversity and/or green networks. Therefore, overall the proposal is considered, on balance, to meet the terms of Policy 1 and 2 of the NPF4 and Policy 2 of the SLLDP2. 6.4 NPF4 Policy 9 Brownfield, vacant and derelict land and empty building’s part (d) details that proposals which support the re-use of existing buildings shall be supported subject to the suitability of use. SLLDP2 Policy 3 General Urban Areas and Settlements details that proposals ancillary to residential use will be assessed on their merits subject to impact on amenity and character of the area. 6.5 A restaurant is in principle considered an appropriate use in the context of New Lanark where there is already a mix of uses. The proposed restaurant is located more than 18m from any residential property, inclusive of the proposed change of use at the adjacent Wee Row Youth Hostel. In addition, Environmental Services have raised no issues relating to residential amenity, subject to suitable ventilation, which shall be controlled via condition. There is considered to be no loss of amenity due to odour subject to an appropriate ventilation system being installed. 6.6 The applicant is New Lanark Trust and much of the wider area is owned and controlled by the Trust. Currently, visitors to the New Lanark experience are encouraged to use the car park at the top of New Lanark Road and there is a shuttle bus available during the day down into the village. Parking restrictions are in place on Braxfield Row in the form of double yellow lines. Other parking within the vicinity includes hotel parking, 91
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along with residents parking on Rosedale Street and New Lanark Row. There is an area to the north of the proposed building on Rosedale Street which has no defined parking bays or use. 6.7 Due to the World Heritage Site status and Conservation Area status there is limited opportunity to increase parking. There is, however, the opportunity to manage the existing parking available. It is considered this matter can be dealt with via condition in the form of a parking management plan when more information is known on how the restaurant shall operate. In addition, the adjacent hotel and other properties accommodate delivery vehicles and it is considered this matter can also be dealt with via condition before any works start on site. 6.8 Overall, a restaurant at this location is considered to be an appropriate use. There would be no unacceptable impact on amenity and character in the surrounding area, parking can be managed, and the proposal ensures a continued use of a listed building and the proposal meets the terms of SLLDP2 Policy 3 and NPF4 Policy 9. 6.9 There are no proposed external or internal changes at this stage. As such the impact on the listed building, world heritage site and conservation area are considered negligible. Any need for internal or external changes shall require a listed building consent and all matters considered in full at that point, inclusive of any impact on bats. The proposals do not raise any concerns in respect of Policy 7 Historic Assets of NPF4 and Policy 14 Natural and Historic Environment of SLLDP2. 6.10 Representations have raised concerns over the proposed use. However, the building was previously used as an office for business purposes, with no visiting members of the public previously accessing the building. The proposal would now present an opportunity for the public to use the building. An advisory note would be added to any permission to encourage an interpretative element on David Dale. In addition, there is no mechanism or requirement to consult UNESCO for their opinion on the application. 6.11 Policy 14 Quality, Design and Place of NPF4 requires proposals to contribute to the 6 qualities of successful places. NPF4 Policy 12 Zero Waste (part c) requires waste management details including waste separation and reduction at source, storage of waste and convenient collection. Policy 5 - Development Management and Placemaking of SLLDP2 is relevant for all proposals and through various criterion seeks to ensure proposals take account of the principles of sustainable development, avoid significant adverse impact on the local area, the community and environment. Policy DM1- New Development Design - seeks to ensure proposals promote quality and sustainability in design, layout and enhance or make a positive contribution to the surrounding area. 6.12 The proposal only involves indicative layouts and no external or internal changes are proposed at this time. The plans show a suitable bin storage area. Given the historical status of the building and surrounding area there is limited opportunity to include low or zero carbon technologies. Amenity and parking issues have been considered above. Overall, it is considered to meet the terms of NPF4 Policy 14 and 12 (c) and Policy 5 and DM1 of SLLDP2. 92
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6.13 The proposed change of use from office to restaurant would be a suitable use within New Lanark. The proposal would bring back into use a Category A listed building and add to the offer within New Lanark. With suitable planning conditions, amenity concerns and parking can be suitably mitigated and it is considered a restaurant could operate without unacceptable impact on the surrounding area. It is, therefore, recommended that planning permission is granted. 7 Reasons for Decision 7.1 The proposal relates to a change of use of office (Class 4) to restaurant. The change of use from office to restaurant is a suitable use within New Lanark. The proposal would bring back into use a Category A listed building and add to the offer of New Lanark. With suitable planning conditions, amenity concerns and parking can be suitably mitigated and it is considered a restaurant could operate without unacceptable impact on the surrounding area. The proposal meets the terms of Policy 1, 2, 7, 12, 14 of National Planning Framework 4 (2023) and Policy 2, 3, 5, 14 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). There are no other additional material considerations which would justify refusing to grant planning permission. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references None List of background papers ► Application form ► Application plans ► National Planning Framework 4 (adopted 2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Lanark Gazette advert dated 01.02.2023, 05.04.2023 ► Neighbour notification letter dated 25.01.2023, 23.03.2023 ► Consultations Environmental Services 01.03.2023 Roads Development Management Team 10.03.2023 Historic Environment Scotland 07.02.2023 Regeneration Service No response received Countryside and Greenspace 31.01.2023 ► Representations Dated: Mrs Megan Duffy, 51 Saffron Crescent, Wishaw, ML2 0FA 08.02.2023 Miss Laura Grant, 17 Melvinhall Road, Lanark, ML11 7AU 06.02.2023 Mr Selwa Ajoo, 14 Long Row, New Lanark, Lanark, ML11 9DD 14.02.2023 93
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Mrs Lorna Grant, 7 Long Row, New Lanark, ML11 9DD 05.02.2023 Mrs Janet Whyte, 3 Moor Road, Cartland, ML11 7RE 02.02.2023 Mr Ed Archer, 18 Hope Street, 18 Hope Street, Lanark, ML11 7LZ 01.03.2023 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Bernard Darroch, Area Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07557 541 360 Email: Bernard.Darroch@southlanarkshire.gov.uk 94
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Detailed planning application Paper apart – Application number: P/22/1746 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. Prior to the commencement of development, details of a suitable ventilation system shall be submitted for the written approval of the Planning Authority. The ventilation system shall:- a) Incorporate systems to reduce the emission of odours and pollutants and shall thereafter be maintained as necessary; b) Be constructed, designed, installed and operated employing the principles of best practical means, to minimise noise and vibration transmission via plant and the building structure; c) Noise associated with the business shall not give rise to a noise level, assessed with the windows closed, within any dwelling or noise sensitive building, in excess of the equivalent to Noise Rating Curve 35, between 07:00 and 20:00 hours, and Noise Rating Curve 25 at all other times. All odours, fumes and vapours generated on the premises shall be controlled by best practicable means to prevent them causing nuisance to occupants of nearby dwellings or premises. Thereafter, the proposed method of ventilation shall be installed and operational in accordance with the approved details prior to the use hereby approved being implemented. Reason: To minimise the risk of nuisance from smells, fumes, vapours and noise to nearby occupants. 03. Prior to the commencement of development on site details of an adequately sized grease trap/interceptor shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health and thereafter it shall be installed prior to the development being operational and maintained thereafter. Reason: To minimise the risk of nuisance from smells, fumes, vapours and noise to nearby occupants. 04. That prior to any change of use taking place, details of access, parking and turning facilities for delivery vehicles shall be submitted to be approved in writing with the Council as Planning Authority. Thereafter these details shall be complied with at all times during operation of the restaurant hereby approved. Reason: In the interests of traffic and public safety 95
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05. That prior to any change of use taking place, a parking management plan shall be submitted to be approved in writing with the Council as Planning Authority. Thereafter these details shall be complied with during operation of the restaurant hereby approved at all times. Reason: In the interests of traffic and public safety 06. That before the development hereby approved is brought into use, details of the storage and collection of waste arising from the development shall be submitted to and approved in writing by the Council as Planning Authority. The storage and waste collection scheme shall be implemented before the development is brought into use. Reason: To minimise nuisance, littering and pest problems to nearby occupants. 96
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1751 Use of vacant ground as external activity area associated with adjacent childcare premises 1 Summary application information Amended • Application type: Detailed planning application • Applicant: Action for Children • Location: Block 7 South Avenue Blantyre Industrial Estate Blantyre G72 0US [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: TAL Consultants ♦ Council Area/Ward: 18 Hamilton West and Earnock ♦ Policy Reference(s): National Planning Framework 4 (adopted 2023) Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 14 Design, quality and place Policy 21 Play, recreation and sport Policy 23 Health and safety 11 99
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South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 2 Climate Change Policy 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 8 Employment Policy ICD3 Other Employment Land Use Areas ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Roads Development Management Team 100
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Planning Application Report 1 Application Site 1.1 The site relates to an area of hard standing between Block 7 and West Avenue within the Blantyre Industrial Estate. The surrounding area is characterised by light industrial and storage buildings set amongst wide avenues. 1.2 Block 7 is a multi-tenanted industrial building clad in corrugated metal which has an internal yard. The vehicular access to the internal yard separates the site from the entrance to the Applicant’s premises within Block 7. 2 Proposal(s) 2.1 The proposal is for the erection of a fenced children’s activity area ancillary to the existing operations on site. Action for Children are a charitable organisation that support and protect vulnerable children in the UK, and this centre cares for children with disabilities. 2.2 The proposed activity area would have a trapezial footprint at 5.75m to 4.9m wide and 16.8m long, enclosed by a 2.4m high grey composite security fence. Some site levelling will be required which will result in a small underbuilding which will be finished in grey brick to match the adjacent underbuilding of Block 7. The activity area will have a single gate opening onto a new pavement which will cross the third-party access to link with the existing premises. 2.3 The application was amended on 9 March 2023 to reduce the size of the activity area in consideration of the visibility splay of Forth Road and West Avenue and to include the footway crossing at the vehicular access. 3 Development Plan 3.1 National Planning Framework 4 3.1.1 The National Planning Framework 4 (NPF4) was approved by the Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 14 Design, quality and place Policy 21 Play, recreation and sport Policy 23 Health and safety 3.1.2 It is considered that the proposal accords with the general provisions and relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan (2021) 3.2.1 The application site is designated as an other employment land use area in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). The relevant policies in terms of the assessment of the application are:- Policy 2 Climate Change Policy 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 8 Employment Policy ICD3 Other Employment Land Use Areas 101
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3.2.2 It is considered that the proposal accords with the general provisions and relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 There are no records of any previous planning applications being submitted for this parcel of land. However, the related unit was granted consent on 14 December 2020 for a change of use from office to child day-care facility through application P/20/1249. 4 Consultation(s) 4.1 Roads Development Management Team – Following amendments to the proposal to reduce the size of the activity area, no objections have been raised subject to conditions relating to footpath provision and visibility splays. Response: Noted. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and no third-party representations have been received. 6 Assessment and Conclusions 6.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises NPF4 and the SLLDP2. 6.2 Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. The Council as Planning Authority recognises its role in combating the climate crises. However, due to the scale of the proposed development, it is not considered that any significant action can be taken through the development management process in this instance. 6.3 Policies 14, 21, and 23 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 21 intends to encourage, promote, and facilitate spaces and opportunities for play, recreation and sport. Policy 23 intends to encourage, promote, and facilitate development that improves health and wellbeing, and is supportive of health and social care facilities and infrastructure. 6.4 The proposed activity area is supportable under Policies 21 and 23 of NPF4 as it will provide an area for play and recreation for use by children with disabilities while attending the care facility. Consequently, the activity area will support the health and wellbeing of these children. The application site is within land identified as ‘other employment land use’ and whilst located within Blantyre Industrial Estate, the proposal will not impact on the vitality or prejudice adjacent businesses. The site is accessible by private and public transport. In terms of scale, design, and materiality it is considered that the activity area would not have a significant detrimental impact on the amenity and character of the area, the streetscape, or any adjacent properties as the fence and underbuilding would be sympathetic to existing features within the industrial estate. It is also not considered that the use of the area would have a significantly detrimental impact on neighbouring properties in terms of noise and disturbance due to the industrial nature of the surroundings. 102
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6.5 In conclusion, the activity area fulfils the intent of Policies 21 and 23 of NPF4, is an appropriate land use for Blantyre Industrial Estate and is compatible with Policies 8 and ICD3 of the SLLDP2. It will not have a detrimental impact on its surroundings thus is compatible with Policy 14 of NPF4 and Policies 3 and 5 of the SLLDP2. It is therefore recommended that the application be granted subject to the conditions listed. 7 Reasons for Decision 7.1 The proposal will provide an activity area for a charity helping vulnerable children and young people thus is supported by Policies 21 and 23 of the adopted National Planning Framework 4, and will not result in a significant detrimental impact on the character or amenity of the surrounding area and is an appropriate land use for Blantyre Industrial Estate thus complies with the provisions of Policies 14 of National Planning Framework 4 and Policies 3, 5, 8, and ICD3 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references None List of background papers ► Application form ► Application plans ► National Planning Framework 4 (adopted 2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 9 January 2023 ► Consultations: Roads Development Management Team 08.02.2023 Roads Development Management Team 30.03.2023 ► Representations: None Contact for further information If you would like to inspect the background papers or want further information, please contact: Bernard Darroch, Area Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07557 541 360 Email: Bernard.Darroch@southlanarkshire.gov.uk 103
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Detailed planning application Paper apart – Application number: P/22/1751 Conditions and reasons 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 the development hereby approved is brought into use, the entire footpath network serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the development 03. That before the development hereby approved is brought into use, a visibility splay of 2.4 metres by 43 metres measured from the road channel shall be provided and maintained on both sides of the junction of Fourth Road and West Avenue. Anything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter, nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 104
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1764 Erection of 12 flats with associated vehicular access, parking and landscaping (Amendment to consent P/22/0927) 1 Summary application information Amended • Application type: Detailed planning application • Applicant: West of Scotland Housing Association • Location: Low Waters Miners Welfare and Social Club 4 Alness Street Hamilton ML3 6RU [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Framed Estates Limited ♦ Council Area/Ward: 19 Hamilton South ♦ Policy Reference(s): National Planning Framework 4 (adopted 13 February 2023) Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 15 - Local Living and 20 Minute Neighbourhoods Policy 16 - Quality Homes 12 107
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South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy 11 - Housing Policy 15 - Travel and Transport Policy DM1 - New Development Design South Lanarkshire Council Residential Design Guide (2011) ♦ Representation(s): ► 3 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Roads Development Management Team 108
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Planning Application Report 1 Application Site 1.1 The application relates to an area of land located on Alness Street on the southern side of Hamilton. The site had been in use as a bowling green associated with the former Low Waters Miners Welfare and Social Club. 1.2 The site extends to approximately 0.25 hectares and is relatively level. The site is bounded on two sides by existing roads, Alness Street and Eliot Crescent, with adjacent residential properties located to the north, south and west, and the former Low Waters Miners Welfare and Social Club located directly adjacent to the east. 2 Proposal(s) 2.1 This is a detailed planning application for the erection of 12 flats with associated vehicular access, parking and landscaping. The proposal comprises two blocks of six cottage flats (two bedroom units) arranged over two floors, half of which would be wheelchair accessible. The development would be operated by West of Scotland Housing Association for social rented accommodation. 2.2 The proposed blocks are of contemporary design incorporating traditional ridged roofs finished in grey concrete roof tiles with solar panels. The exterior walls would be finished in a mix of facing brick and render. The proposal has been designed to reflect the established scale and massing of buildings surrounding the site, most of which are two storey flatted blocks with either dual pitched or hipped roofs. The two blocks would enclose an area of private communal amenity space creating a three-sided perimeter block. 2.3 The vehicular access to the site is via Alness Street and there are 14 associated car parking spaces, including 12 with electric vehicle charging points, and cycle storage provision on site. 3 Development Plan 3.1 National Planning Framework 4 3.1.1 The National Planning Framework 4 (NPF4) was approved by the Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 15 - Local Living and 20 Minute Neighbourhoods Policy 16 - Quality Homes 3.1.2 It is considered that the proposal accords with the general provisions and relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 The application site is designated as a proposed housing site in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). The relevant policies in terms of the assessment of the application are:- 109
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Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 5 - Development Management and Place Making Policy 11 - Housing Land Policy 15 - Travel and Transport Policy DM1 - New Development Design 3.2.2 It is considered that the proposal accords with the general provisions and relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 Planning permission (Ref. P/22/0927) was granted for a similar development on this site by the Planning Committee on 11 October 2022 for the ‘erection of 12 flats with associated vehicular access, parking and landscaping’. The key changes between the approved consent and the current application relate to car parking provision. The original consent included 27 car parking spaces and the current proposal has reduced the proposed parking provision to 14 spaces, along with the provision of additional amenity space within the development. 4 Consultation(s) 4.1 Roads Development Management Team – Advise that they have no objection to the application subject to the attachment of conditions relating to parking provision, visibility splays and the submission of a Construction Traffic Management Plan. Response: Noted. It is advised that these requirements can be addressed through the use of planning conditions, where appropriate. 5 Representation(s) 5.1 Statutory neighbour notification procedures were undertaken and three letters of representation objecting to the proposal have been received. The issues raised relate to:- Materials - Concern regarding the proposed external finishing materials. Parking - There is not sufficient parking provision and more electric vehicle charging points should be provided. - The development will result in additional parking on Eliot Crescent. Amenity - Loss of the bowling green and the development will result in loss of privacy, overlooking and overshadowing. 5.2 The above issues are considered in the assessment below and full copies are available to view on the planning portal. 6 Assessment and Conclusions 6.1 Detailed planning permission is sought for the erection of 12 flats with associated vehicular access, parking and landscaping (amendment to consent P/22/0927). The determining issues in the consideration of this application are its compliance with the development plan and its impact on residential amenity, traffic safety, environmental matters and infrastructure issues. 110
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6.2 NPF4 was adopted on 13 February 2023 and now forms part of the Development Plan. In this instance, having assessed the proposal, it is considered that it complies with the relevant policies contained within NPF4. 6.3 The application site is designated as a proposed housing site under the terms of Policy 11, of the adopted Local Development Plan, therefore, the principle of the proposal is acceptable. The proposal accords with the provisions of Policy 11 of the adopted Local Development Plan. 6.4 Policies 1 and 2 of the adopted Local Development Plan 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. In line with these policies, the proposal involves the development of a previously used site which is located in Hamilton and where the principle of residential use is acceptable. 6.5 The site benefits from access to public transport, with bus routes located on the nearby Low Waters Road. The development would be well integrated into existing walking and cycling networks. The site is also located within an acceptable distance to commercial services such as retail, leisure, schools, health care etc. Therefore, it is considered that the proposal raises no issues within the context of Policies 1 and 2 of the adopted Local Development Plan. 6.6 In terms of the detailed design of the development, Policies 5 and DM1 of the adopted Local Development Plan generally require new development to have due regard to the layout, form, design and local context of the area, and to promote quality and sustainability in its design. In this instance, it is considered that the proposed layout for the development is acceptable and that it meets the main standards set out in the Council’s Residential Design Guide, particularly in relation to window to window distances, amenity open space and car parking. 6.7 The proposed two storey flatted dwellings are of modern design with a suitably high standard of external finishing materials and it is considered that the development will not be out of keeping with the existing residential development in the surrounding area. It is considered that the buildings have been designed and positioned within the site to ensure that they should have no significant adverse impact on any adjacent dwellings in terms of loss of light, overshadowing, overlooking or loss of privacy. It is also considered that sufficient levels of amenity space and car parking are being provided for the proposed dwellings. 6.8 Overall, the site is flat with relatively level access to the adjoining properties and roads. The topography of the site means that the proposed ridge height will be similar to those of the existing buildings in the surrounding local context. The proposed access arrangements and parking provision has been assessed and are considered to be acceptable. In view of the above, it is considered that the proposed development would relate satisfactorily to adjacent residential development in terms of its scale, design and materials and that the character and amenity of the area would not be impaired by reason of traffic generation, parking or visual intrusion. The proposal is, therefore, considered to be in accordance with the terms of Policies 5 and DM1 of the adopted Local Development Plan. 6.9 Policy 15 of the adopted Local Development Plan seeks to ensure that development considers, and where appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of the need to provide proper provision for walking, cycling and public transport. In this regard, the site is accessible by public transport, with bus routes located on the nearby Low Waters 111
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Road. In terms of permeability, the development would be well integrated into existing walking and cycling networks. The proposal raises no access, parking or road safety issues. It is, therefore, considered that the proposal complies with Policy 15 of the adopted Local Development Plan. 6.10 The principle of the redevelopment of this site for residential development has been established under the terms of planning permission Ref. P/22/0927. The current proposal has been submitted on behalf of the West of Scotland Housing Association for social rented accommodation and the key changes relate to a reduction in the parking provision and an increase in amenity space associated with the approved development. It is considered that the application conforms with the development plan and that the proposal raises no significant environmental or infrastructure issues. It is therefore recommended that the application be granted subject to the conditions listed. 7 Reasons for Decision 7.1 The proposal raises no amenity, environmental or infrastructure issues and complies with Policies 1, 2, 13, 14, 15 and 16 of the National Planning Framework 4 and Policies 1, 2, 5, 11, 15 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references P/22/0927 – Planning Committee – 11 October 2022 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► National Planning Framework 4 (2023) ► South Lanarkshire Council Residential Design Guide (2011) ► Neighbour notification letter, dated 16 January 2023 ► Supporting Statement, received 16 December 2022 ► Planning permission P/22/0927 ► Consultations Roads Development Management Team 08.02.2023 ► Representations Dated: Mr Garry McGowan, 49 Eliot Crescent, Hamilton, ML3 6SP Grace Clark by email 19.01.2023 19.01.2023 Mrs Fiona Moran, 45 Eliot Crescent, Hamilton, ML3 6SP 05.02.2023 112
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Contact for further information If you would like to inspect the background papers or want further information, please contact:- Bernard Darroch, Area Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07557 541 360 Email: Bernard.Darroch@southlanarkshire.gov.uk 113
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Detailed planning application Paper apart – Application number: P/22/1764 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the 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 in writing by the Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 04. That before any of the flatted units are occupied, the fence or wall for which the permission of the Planning Authority has been obtained under the above condition, shall be erected and thereafter maintained to the satisfaction of the Council at all times. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 05. That no flatted unit shall be occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards and as approved in writing by the Planning Authority in consultation with Scottish Water as Sewerage Authority. Reason: To ensure the provision of a satisfactory sewerage system. 06. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Sustainable Drainage Design Criteria and shall include signed appendices as required. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved by the Planning Authority. Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and sustainable manner, to return it to the natural water cycle with minimal adverse impact on people and the environment and to alleviate the potential for on- site and off-site flooding. 114
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07. That no further changes in ground levels within the site shall take place without the written approval of the Planning Authority. Reason: In the interests of amenity and in order to retain effective planning control. 08. That before the development hereby approved is completed or brought into use, all of the parking spaces shown on the approved plans shall be laid out and constructed to the specification of the Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 09. That prior to any works commencing on site, full details of electric vehicle charging (EVC) facilities within the site shall be submitted to and approved in writing by the Planning Authority. Once approved the agreed EVC provision shall be installed, commissioned, and maintained in accordance with the approved plans and specifications prior to that dwelling which it serves being occupied. Reason: These details have not been submitted or approved. 10. That prior to commencement of the development hereby approved, details of measures to facilitate the provision of full fibre broadband to serve the development, including details of appropriate digital infrastructure and a timescale for implementation, shall be submitted to and approved in writing by the Planning Authority, unless otherwise agreed in writing with the applicant. The approved measures shall thereafter be carried out in accordance with the agreed implementation timescale. Reason: To ensure the provision of digital infrastructure to serve the development. 11. That the development is for use by the West of Scotland Housing Association or a similar Registered Social Landlord and shall not be utilised for private rent or sale to the satisfaction of the Council as Planning Authority. Reason: The parking provision does not meet the minimum requirements for a private flatted development. 12. That before the development hereby approved is completed or brought into use, the entire access road and footpath network serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the dwellings. 13. That prior to any works associated with the construction of the development commence a Construction Traffic Management Plan shall be submitted and approved in writing by the Planning Authority. This should provide details of access and parking provision for staff and visitors, intended working hours, how deliveries of materials will be managed and stored and what wheel washing facilities will be provided to prevent mud being carried on to the adopted road. The plan should also detail how any of these measures may change as the site is developed. Reason: in the interests of traffic and public safety as well as to preserve the amenity of the surrounding area. 115
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14. That before the development hereby approved is completed or brought into use, a visibility splay of 3 metres by 43 metres measured from the heel of the footway shall be provided on both sides of the vehicular access and everything exceeding 0.6 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.6 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of public safety. 116
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1789 Formation of 2 no house plots 1 Summary application information Amended •Application type: Detailed planning application • Applicant: Mr and Mrs Ian Stirling •Location: Lockhart Mill Farm C4 from Greentowers Road to Mousebank Road Lanark ML11 7RB [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse detailed planning permission (for reasons stated). [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Glen Strachan Architect ♦ Council Area/Ward: 02 Clydesdale North ♦ Policy Reference(s): National Planning Framework 4 (2023) Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 4 Natural Places Policy 14 Design, quality and place Policy 15 Local Living and 20 minute neighbourhoods Policy 17 Rural homes 13 119
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South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 2 Climate Change Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Development Policy GBRA1 Rural Design and Development Policy GBRA9 Consolidation of Existing Building Groups Policy NHE16 Landscape ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): SP Energy Networks Roads Development Management Team Scottish Water West of Scotland Archaeology Service Countryside and Greenspace 120
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Planning Application Report 1 Application Site 1.1 The application site (0.24Ha) is located in an enclosed agricultural field adjoining Lockhart Mill farmhouse and steading, approximately 1km to the north of Lanark. It is accessed from the farm track via Mousebank Road (minor public road). To the south and to the east, it commands views over the Mouse Valley and Cleghorn Glen Woods. The topography slopes downhill in a south easterly direction. 2 Proposal(s) 2.1 The applicant seeks detailed planning permission for the formation of two house plots accessed from a farm track and situated to the front and side of the farm steading and outbuildings. The site plans show the indicative house footprints and the septic tanks and soakaways serving the proposed dwellings. 2.2 A Design Statement has been submitted as supporting information. 3 Background 3.1 National Planning Framework 4 (2023) 3.1.1 Prior to the adoption of National Planning Framework (NPF4) on 13th February 2023, the Chief Planner published a letter detailing transitional arrangements and advice on NPF4 becoming part of the statutory ‘development plan’. The letter details that NPF4 must be read and applied as a whole and the content of each of the 33 policies should be used to guide decision making. Conflicts between each of the 33 policies are to be expected and factors for and against development will be weighed up in the balance of the planning judgement. 3.1.2 The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 4 Natural places Policy 14 Design, quality and place Policy 15 Local Living and 20 minute neighbourhoods Policy 17 Rural Homes 3.1.3 It is considered that the proposal does not accord with the general provisions or relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (SLLDP2) (adopted 9th April 2021) and National Planning Framework 4 (NPF4) (which was laid before the Scottish Parliament on the 8th of November 2022 and adopted by Scottish Ministers on 13th February 2023). Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before the 13th February 2023, the policies in NPF4 prevail. 3.2.2 The application site is designated as green belt land in the adopted (SLLDP2). The relevant policies in terms of the assessment of the application are:- 121
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Policy 2 Climate Change Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Development Policy GBRA1 Rural Design and Development Policy GBRA9 Consolidation of Existing Building Groups Policy NHE16 Landscape 3.2.3 It is considered that the proposal accords with the relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 Planning Permission CL/08/0386 for conversion of two outbuildings into two dwellings and formation of single house plot was granted in September 2009. Planning Permission CL/13/0304 for the renewal of CL/08/0386 was granted in October 2013. Planning permission CL/14/0338 for the erection of a single storey dwellinghouse to was granted in 2014 and construction was completed in early 2019. 4 Consultation(s) 4.1 SP Energy Networks - No objection in principle and advise that Scottish Power have overhead lines and underground cable in the vicinity of the proposals. Response: Noted. 4.2 Roads Development Management Team – No objection subject to conditions covering visibility, car parking and electrical charging. Response: Noted. 4.3 Scottish Water - There is sufficient capacity at the Camps Water Treatment Works. There is no public sewer within the vicinity therefore the applicant should investigate options for a private treatment system. For reasons of sustainability and to protect their customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into their combined sewer system. Response: A private sewage treatment plan is proposed. As advised in the consultation response there is no public sewer in the vicinity to connect into. 4.4 West of Scotland Archaeology Service - As the site falls within an archaeological sensitive area a condition requiring an archaeological watching brief would be required prior to work commencing on site. Response: Noted. 4.5 Countryside and Greenspace - No comment on the planning application. Response: Noted. 5 Representation(s) 5.1 Following the statutory period of neighbour notification and advertisement, no valid representations have been received. 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the National Planning Framework 4 (NPF4) and adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 6.2 NPF4 Policy 1 requires that when considering all development proposals, significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and 122
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(2) to adapt the current and future risks from climate change. The Chief Planner letter (4th February 2023) confirms that at this stage quantitative assessments are not expected for all applications. In the absence of a methodology for measuring the emissions which would result from the emissions of the proposed buildings, it is considered appropriate at this time to instead consider the general sustainability of the proposal in land-use planning terms (whether the use of agricultural land as housing land is supportable when assessed other relevant policies in NPF4) and use that as an indicator in whether or not it is likely to minimise emissions and adapt to current and future impacts of climate change. 6.3 NPF4 Policy 4 Natural Places of is of relevance due to the site falling within a designated Special Landscape Area as identified in the adopted Local Plan. The policy states ‘Development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where: Development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified’. Subject to tree planting and the design of the proposed dwellings, the backdrop of the existing farm steading and undulating topography should ensure visual containment of the proposals in the surrounding landscape and, as such, the proposal will not have an adverse impact upon the qualities and character of the designated Special Landscape Area. As such, the proposal is considered acceptable with regards to Policy 4 of NPF4. 6.4 Policy 14 – Design, Quality and Place of NPF4 advises that proposals will be supported where they are consistent with the 6 qualities of successful places. It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. The proposed formation of two housing plots in the rural area, contrary to policies designed to preserve that rural area from housing in inappropriate locations and promote compact urban growth, is not considered to be characteristic of a liveable place and, as such, is contrary to Policy 14 of NPF4. 6.5 NPF4 Policy 15 – Local Living and 20 minute neighbourhoods seeks to create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by using sustainable transport options. The application site is approximately 850m outside of the Lanark settlement boundary and as such, it would have access to a significant number of the criteria listed in Policy 15. However, it should also be noted that encouraging new homes just outwith approved settlement boundaries, within the designated rural area, leads to exactly the sort of sprawled out, unconnected residential areas lacking facilities and services that this policy is designed to avoid. Whilst residents might indeed have access to many of the facilities/benefits of local living identified in the policy, the development itself would run directly contrary to the policy intent, namely to create connected and compact settlements and mixed-use neighbourhoods. As such, the proposal is not considered compatible with the intent of Policy 15 of NPF4. 6.6 NPF4 Policy 17 Rural homes aims to encourage, promote and facilitate the delivery of high quality, affordable homes in the right location. The policy advises that NPF4 does not support new housing in the accessible rural area unless: the site is allocated for housing in the Local Plan; involves conversion of existing buildings; supports a viable rural business; is for a retired farmer; or, is for a one to one replacement of an existing house. In the case of this proposal, none of said criteria would apply and, therefore, it does not accord with Policy 17. 123
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6.7 With regards to the adopted South Lanarkshire Local Development Plan 2 Policy 2 - Climate Change, it seeks to minimise and mitigate against the effects of climate change by considering various criteria including: being sustainably located; reuse of vacant and derelict land; avoidance of flood risk areas; incorporating low and zero carbon generating technologies; opportunities for active travel routes and trips by public transport; electrical vehicle recharging infrastructure and where appropriate connection to heat networks. 6.8 The site is not at risk of flooding. Conditions could be attached requiring the submission and approval of details for low carbon technology, for a tree planting scheme and the installation of electric vehicle charging points. In consideration, the proposals would not undermine the objectives of Policy 2 of the South Lanarkshire Local Development Plan 2 (2021). 6.9 Policy 4 ‘Green Belt and Rural Area’ of SLLDP2 specifies that within the Rural Area, the aim is to protect the amenity of the countryside while at the same time, supporting small scale development in the right places that is appropriate in land use terms and is of a high environmental quality that will support the needs of communities. It functions primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. Development which does not need to be in the countryside will be expected to be accommodated within the settlements identified on the proposals map. Isolated and sporadic development will not be supported. The proposed dwellings do not need to be in the countryside and it is not sustainable to incrementally add additional housing to this rural location. As such the proposal is considered to be contrary to Policy 4 of the South Lanarkshire Local Development Plan 2. 6.10 Policy GBRA9 ‘Consolidation of Existing Building Groups’ of SLLDP2 advises that proposals for new houses within existing building groups will be supported, subject to specified criterion. It requires that new development shall:- reflect and respect the scale, character, cohesiveness of the building group. Any new building shall be located within a reasonable distance of the existing properties. not result in ribbon/linear development shall not significantly adversely affect the landscape character or setting of the area. 6.11 The two proposed house plots sits noticeably to the south and east and of the existing building group comprising the new house at Lockhart Mill View (CL/14/0338), the original farmhouse and ancillary outbuildings. Whilst one of the plots could be argued to sit between the farmhouse and the packing shed to the south, the second plot noticeably extends to the east of the existing building group and detrimentally impacts upon the cohesiveness of the site whilst pushing development towards the landscape character area to the east. In consideration, the proposal is considered to be contrary to Policy GBRA9 – consolidation of Existing Building Groups of the South Lanarkshire Local Development Plan 2. 6.12 The proposed development has also been considered against Policies 5 ‘Development Management and Place Making’ and GBRA1 ‘Rural Design and Development’ of SLLDP2. Any new development must relate satisfactorily to adjacent and surrounding development in terms of scale, massing, materials and intensity of use. Proposed developments shall be well related to locally traditional patterns of scale and shall avoid the introduction of suburban-style developments into the rural environment. Proposals specifically for residential development should not be isolated or sporadic. The character and amenity of the area must not be impaired by reason of traffic 124
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generation, parking, overshadowing, overlooking or visual intrusion. Development proposals shall incorporate suitable boundary treatments and landscaping proposals to minimise the visual impact of the development on the surrounding landscape. Existing trees, woodland and boundary features such as beech and hawthorn hedgerows and stone dykes shall be retained on site. Proposals shall be readily served by all necessary infrastructure. Proposals shall have no unacceptable significant adverse impact on the natural and historic environment and no adverse effect on the integrity of Natura 2000 sites. 6.13 The establishment of a shelter belt planting around the site boundaries would eventually, when mature, contribute to the landscape character of the area. No important landscape features would then be lost, and the proposal would not have a significant impact upon protected habitats or species. Suitable parking can be provided and Roads and Transportation Services in their consultation response have not raised any traffic or public safety issues. In terms of design, these matters are more properly dealt with at the further application stage and any detailed designs would need to be compliant with the rural design guide. There are no infrastructure constraints. In consideration, the proposal generally complies with Policies 5 and GBRA1 of the South Lanarkshire Local Development Plan 2 (2021). 6.14 The application site falls within a designated Special Landscape Area where Policies 14 and NHE16 of SLLDP2 seek to conserve those features which contribute to local distinctiveness. All proposed development should take into account the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. The site falls within the Incised River Valley Landscape character type where settlement encroachment and suburban residential development is discouraged. The character of these areas would be very sensitive to any measures which resulted in the loss of natural river landscapes, or the introduction of modern, engineered structures. 6.15 The backdrop of the existing farm steading and undulating topography and surrounding mature woodland ensures visual containment in the context of the wider area and only a small proportion of a field is required for this development. No historic or landscape features which contribute to landscape quality would be affected and a scheme of tree planting around the site boundaries could be required to ensure further integration of the development into its setting. In terms of the impact on landscape character, there are similar low density residential developments nearby and, as such, this proposal can be integrated without appearing out of place. In view of these circumstances, the proposal complies with Policies 14 and NHE16. 6.16 In summary, the proposals are directly contrary to policies within National Planning Framework 4 (2023), particularly with regards to new homes in the rural area and the need to only encourage housing in sustainable locations. Although the proposed development may have been justifiable if assessed solely against the content of the South Lanarkshire Local Development Plan 2 (2021), section 24(3) of the Town and Country Planning (Scotland) Act 1997 is directly applicable and the variance of the proposal to NPF4 is therefore the determining factor in this assessment. There are no material considerations which would outweigh this variance with the development plan. In view of this, it is recommended that the application is refused planning permission. 7 Reasons for Decision 7.1 The proposal is contrary to Policies 14, 15 and 17 of National Planning Framework 4 (adopted 2023) and Policies 4 and GBRA9 of the South Lanarkshire Local Development Plan 2 (Adopted 2021) and there are no material considerations which would outweigh this variance with the development plan. 125
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David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references CL/08/0386 CL/13/0304 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► National Planning Framework 4 (adopted 2023) ► Neighbour notification letter dated 29 December 2022 ► Consultations SP Energy Networks 13.01.2023 Roads Development Management Team 25.01.2023 Scottish Water 30.12.2022 West of Scotland Archaeology Service 05.01.2023 Countryside and Greenspace 11.01.2023 ► Representations - None Contact for further information If you would like to inspect the background papers or want further information, please contact:- David Russell, Team Leader, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 845 757 Email: David.Russell@southlanarkshire.gov.uk 126
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Detailed planning application Paper apart – Application number: P/22/1789 Reasons for refusal 01. The proposal would be contrary to Policy 17 - Rural homes of National Planning Framework 4 as new homes in rural areas are not supported in unsuitable locations. The proposed location for the new dwellings does not meet any of the criteria to be considered suitable and as such cannot be supported. 02. The proposal would be contrary to Policy 14 – Design, Quality and Place of National Planning Framework 4 as it is not consistent with the 6 qualities of successful places. Specifically, it fails to achieve the characteristics of a sustainable place. 03. The proposal would be contrary to Policy 15 - Local Living and 20 minute neighbourhoods of National Planning Framework 4 as it fails to create connected and compact settlements and mixed-use neighbourhoods. 04. The proposal would be contrary to Policy 4 – Green Belt and the Rural Area and Policy GBRA 9 – Consolidation of Existing Building Groups of South Lanarkshire Local Development Plan 2 as the dwellings constitute sporadic development not located in a settlement and do not meet the criteria for consolidation of a building group. 127
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/23/0015 Erection of community workshop (sui generis) with associated vehicle access yard, boundary treatments, parking and access 1 Summary application information Amended • Application type: Detailed planning application • Applicant: South Lanarkshire Council - Community and Enterprise Resources • Location: Land Northeast of Scottish Equestrian Centre Hyndford Road Lanark [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Hypostyle Architects ♦ Council Area/Ward: 02 Clydesdale North ♦ Policy Reference(s): National Planning Framework 4 Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 14 – Design, quality and place Policy 12 - Zero Waste Policy 15 - Local living and 20 minute neighbourhoods Policy 23 – Health and Safety Policy 29 – Rural Development Policy 4 - Natural Places 14 129
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South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy DM1 - Design Policy GBRA1 - Rural Design and Development ♦ Representation(s): ► 9 Objection Letters ► 57 Support Letters ► 4 Comment Letters ♦ Consultation(s): Roads Development Management Team Environmental Services Countryside and Greenspace Estates Services - Housing and Technical Resources 130
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Planning Application Report 1 Application Site 1.1 The application site is located 500m from the settlement edge of Lanark between the existing Scottish Equestrian Centre and Hotel, an existing joinery business, and adjacent to the parking area associated with the former Lanark Racecourse. 2 Proposal(s) 2.1 The application seeks planning permission for the erection of a community workshop with vehicle access yard, boundary treatments, parking and access. There is an adjacent proposal for a community enterprise centre which shares the proposed access and parking. That proposal is being assessed separately under planning reference P/23/0036, which is also being presented to this Planning Committee 2.2 The proposal consists of a steel portal style building with roller doors at either end and a pedestrian door. The materials consist of green steel wall cladding with a 1.5m facing brick base. A parking area to the front is proposed and a vehicle access yard to the rear. The building will be accessible from either end. The shared access and parking area, inclusive of disabled parking bays also contain bin storage. 2.3 The submitted planning statement advises that the building would be used to build ‘Lanimer lorries’ which consist of decorated floats used within the Lanark Lanimer celebrations which are held in the month of June. The statement details that volunteers would typically access the building late afternoon/evenings and weekends to construct the Lanimer lorries and to prepare them for use. Typically, there would be a maximum of 10 volunteers in the building at any time although this would increase to a maximum of 40 people when the building is open to members of the public to view lorries ahead of the Lanimer procession. 3 Development Plan 3.1 National Planning Framework 4 (2023) 3.1.1 The National Planning Framework 4 (NPF4) was approved by Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 14 – Design, quality and place Policy 12 - Zero Waste Policy 15 - Local living and 20 minute neighbourhoods Policy 23 – Health and Safety Policy 29 – Rural Development Policy 4 - Natural Places 3.1.2 It is considered that the proposal accords with the general provisions and relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 The application site is within the rural area on the edge of Lanark in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). The relevant policies in terms of the assessment of the application are:- 131
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Policy 2 – Climate Change Policy 4 – Green Belt and Rural Area Policy 5 – Development Management and Placemaking Policy 14 – Natural and Historic Environment Policy DM1 – Design Policy GBRA1 – Rural Design and Development 3.2.2 It is considered that the proposal accords with the relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 There is no relevant planning history on the site. However, there is an adjacent proposal for a community enterprise centre which shares the proposed access and parking. This proposal is being assessed separately under planning reference P/23/0036. 3.3.2 The application site is part of Lanark Common Good land and the proposal has been subject to a Common Good consultation process, available on the planning portal (CGA/22/0001). 3.3.3 This planning application and that for the community enterprise centre (P/23/0036) form the Rural Development Centre of which South Lanarkshire Council has received funding from the Scottish Government Regeneration Capital Grant Fund (RCGF). More details of the funding and wider proposal are available in the report approved at the Community and Enterprise Resources Committee on 9th August 2022. 4 Consultation(s) 4.1 Roads Development Management Team – No objection. Response: Noted. 4.2 Estates Services - No objection Response: Noted. 4.3 Countryside and Greenspace – No objection. Response: Noted. 4.4 Environmental Services - No objections subject to a suite of conditions, controlling noise levels, scheme of mitigation and a noise management policy. Response: Noted. 5 Representation(s) 5.1 Statutory neighbour notification procedures were undertaken and 70 representations were received (9 objections, 57 support, 4 comment). The issues raised are summarised below:- Support comments include:- ⧫ An accessible safe and secure place is required to build floats, a key part of the Lanimer celebrations ⧫ Previous building used for this purpose is no longer available. There are health and safety issues to using private land and farmland. Personal garages do not provide the height and size to create a medium sized entry 132
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⧫ The building of entries together will provide a strong community environment with support for each other, discuss creative ideas/problem solve and share resources ⧫ The storage space in the intervening period between parades provides a space where materials can be reclaimed ⧫ The storage space allows entrants to resubmit entries to the Illuminated Winter Parade Objections and general comments include:- Noise and Amenity ⧫ Noise impact on adjacent stabled horses, both during construction and use ⧫ Two letters from veterinarians have been received in relation to noise impact on horses ⧫ Noise impact on adjacent Hotel ⧫ Queries regarding construction and insulation of the proposed building ⧫ Queries regarding times of use ⧫ Queries and concerns relating to the Noise Impact Assessment ⧫ Query why a town centre location has not been considered ⧫ Concerns of safety risk to racecourse users ⧫ Concerns the proposal would increase traffic pollution and congestion on Hyndford Road The above issues will be considered in the assessment below and full copies are available on the planning portal. A number of non-material planning comments were included in representations:- ⧫ Use of public money on proposal ⧫ Query whether fire risk has been considered ⧫ Query who shall own and run the proposed building and be responsible for running, upkeep and maintenance. (South Lanarkshire Council shall retain an interest as landlord of the building) ⧫ Concerns that the shed shall not be available for all entrants to Lanimer’s ⧫ Request for risk assessments – risk assessments required by the Management of Health and Safety at Work Regulations 1999 are not a planning matter 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the development plan, which consists of NPF4 and SLLDP2. 6.2 NPF4 Policy 1 requires that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. Based on the information submitted, the proposed workshop area is not proposed to be heated, significantly reducing emissions. It is considered that this proposal, due to its scale and nature, does not require a qualitative assessment under NPF4 Policy 2. The SLLDP2 Policy 2 Climate Change sets out criteria which new development should address to minimise and mitigate against climate change, which is in line with the aims and intentions of NPF4 Policy 2. 133
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6.3 In this case, the scale of the proposal means that it is more appropriate to assess the proposals’ climate change impact and mitigation against SLLDP2 Policy 2. The proposal is not intended to be fully heated, reducing energy demand. The proposal will have no significant adverse impact on the water or soil environment, flood risk, air quality, biodiversity and/or green networks. Therefore, the proposal is considered, on balance, to meet the terms of Policy 1 and 2 of the NPF4 and Policy 2 of the SLLDP2. 6.4 Due to the rural area designation NPF4 Policy 29 Rural Development and SLLDP2 Policy 4 Green Belt and Rural Area are applicable. NPF4 Policy 29 details that proposals which contribute to the viability, sustainability and diversity of rural communities and local rural economy shall be supported including (iv) essential community services. Policy 4 Green Belt and Rural Area details that within the rural area, small scale development in the right place, appropriate in land use terms and of high environmental quality to support the needs of communities, is acceptable. 6.5 The submitted letters of support and the Planning Statement detailed that the proposed building for a community workshop, for the construction of Lanimer lorries, is considered essential for the continued success of the Lanark Lanimer celebrations. The representations detail that previous buildings used are no longer available nor fit for purpose. It is considered the proposal is an essential community facility and meets part (a) of NPF4 Policy 29. 6.6 Policy 29 goes on to detail under part (b) that proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. SLLDP2 Policy GBRA1 Rural Design and Development also requires proposals to respect the existing built form, landscape and setting of the surrounding countryside. The proposed shed is designed as an agricultural style building. It is considered that the siting, scale and design is suitable for the immediate surrounding area and the wider rural landscape. The proposal meets the terms of SLLDP2 Policy 14, NHE16 and GBRA1. 6.7 Policy 29 (b) requires the development to consider whether it would contribute towards local living and take into account the transport needs of the development as appropriate to the rural location. Policy 15 Local Living and 20 minute neighbourhoods advises that the intent of local living, is to create well connected and compact neighbourhoods where residents can meet the majority of their daily needs by walking, wheeling, cycling and sustainable transport. 6.8 The proposal relates to a community workshop for Lanimer lorries, not a facility that is going to be accessed on a daily basis. Although the proposal is less than 0.5km from the settlement edge of Lanark and 2.4km from the town centre. There are bus stops located 1.1km from the proposal. 6.9 The representations detail that any previous facilities used, of which some were in the town centre, are no longer available as they have been redeveloped and it is suggested there has been no facility previously that all entrants could use. The submitted Planning Statement advises that the building would be used intermittently across the year by around 10-20 volunteers, 40 at a maximum. This scale is not considered a significant traffic generating proposal. In respect to representations received, the proposal is considered a suitable use at this location and not of a scale which would result in a significant increase in traffic and pollution of Hyndford Road. 134
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6.10 Policy 14 Quality, design and place of NPF4 requires proposals to contribute to the 6 qualities of successful places. Policy 5 - Development Management and Placemaking of SLLDP2 is relevant for all proposals and through various criterion seeks to ensure proposals take account of the principles of sustainable development, avoids significant adverse impacts on the local area, the community and environment. Policy DM1 - New Development Design seeks to ensure proposals promote quality and sustainability in design, layout and enhance or make a positive contribution to the surrounding area. 6.11 In terms of design, the proposal relates to a steel portal shed, agricultural in style. It would consist of facing brick and green metal cladding on the exterior. The proposed elevations show the proposal in the surrounding context. Given the rural designation and the adjacent Scottish Equestrian Centre buildings, the design of the building is considered suitable for the context and use. A suitable bin storage location is also shown on the plans, further details shall be sought by condition regarding separation. A representee stated that this facility in itself provides a suitable space to share materials, resources between entries and also allow for previous years lorries to be broken down, salvaged and reused. This is in line with the waste hierarchy and intent of Policy 12 Zero Waste. 6.12 The proposal provides a building for use of the community in a location with passive surveillance from the adjacent uses such as the Equestrian Centre, sports pitches and general recreation use. The building is in part accessible by active travel, it is low in energy use and simple in design in that it could be adaptable to other uses. It is considered to meet the 6 qualities of a successful place. Suitable parking provision and access has been provided. A condition requiring details of lighting shall be imposed on any permission granted. The proposal meets the terms of NPF4 Policy14, 12 (c), and SLLDP2 Policy 5 and DM1. 6.13 The agent of change principle relates to the circumstance where a proposal is likely to be affected by an existing noise source. NPF4 details that the agent of change principle applies to noise sensitive development. In this case the noise sensitive development is existing i.e. the Scottish Equestrian Centre and its stabled horses. The proposal in its nature as a workshop would involve the use of power tools which could impact upon the Equestrian Centre. Representations have been submitted to this effect. NPF4 Policy 23 Health and Safety part (e) details that development proposals that are likely to raise unacceptable noise issues will not be supported. In addition, SLLDP2 Policy DM1 requires to ensure there is no conflict with adjacent land uses. Horses do not have the same protections as humans would normally have under environmental legislation. 6.14 A noise impact assessment has been submitted to support the application. Environmental Services have no objections in light of the amended noise impact assessment and increased sound insulation that is proposed. To ensure the noise impact is kept within the levels described in the noise impact assessment, a noise management plan would be required by condition, covering issues such as the times that power tools can be used, doors to remain closed whilst using tools etc. In addition, a planning condition setting a particular noise level not to be breached would be imposed on any permission granted. The proposed mitigation measures are considered to be acceptable. Therefore, the proposal would be unlikely to create an unacceptable noise issue, relative to neighbouring business and the proposal is considered to meet the terms of NPF4 Policy 23 and SLLDP2 Policy DM1. 135
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6.15 The proposal is considered to be a suitable use for the proposed location, in that its noise impact can be mitigated, and presents an essential community service which is accessible by active travel means, unlikely to be provided elsewhere and is required infrastructure for key events within the Lanark community. It would support the viability, sustainability and diversity of the community and it is considered that the proposal would comply with NPF4 and SLLDP2 Policy 4. Overall, there are no other material considerations which would warrant refusal of the application and it is recommended that planning permission be granted. 7 Reasons for Decision 7.1 The application relates to the erection of a steel portal building, for use as a community workshop, and associated vehicle access yard, parking and boundary treatment. The proposal presents a suitable use for the location, in that its noise impact can be mitigated, and presents an essential community service which is accessible by active travel means. The design, siting, form and materials are suitable for the site and surrounding area. The proposal meets the terms of Policy 2, 4, 5, 14, DM1, GBRA1, NHE16 of the adopted South Lanarkshire Local Development Plan 2 and Policy 1, 2, 14, 15, 4, 23 and 29 of National Planning Framework 4. There are no other material considerations which would warrant refusal of the application. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references None List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► National Planning Framework 4 (adopted 2023) ► Committee Report (Item 13) - Scottish Government Regeneration Capital Grant Fund Proposal to Create a Rural Development Centre at Lanark Racecourse presented to Community and Enterprise Resources Committee - 9th August 2022 ► Lanark Gazette advert dated 19 April 2023 ► Neighbour notification letter dated 20.01.2023 ► Consultations Roads Development Management Team 02.02.2023 Environmental Services 12.04.2023 Countryside and Greenspace 23.01.2023 Estates Services - Housing and Technical Resources 20.01.2023 ► Representations Dated: Mrs Fiona White, 2 Wheatlandside, Lanark, ML11 7PQ 07.03.2023 Mrs Sylvia Russell, 9 Friarsdene, Lanark, ML11 9EJ 07.03.2023 136
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Mrs Alison Brien, 16 Manse Road, Lanark, ML11 7QD 02.03.2023 Mrs Wendy Buckingham, 12 Stanmore Avenue, Lanark, ML11 7HD 06.03.2023 Mrs Maryann Scott, 202 Tashieburn Road, Haywood, Lanark, ML11 8BF 06.03.2023 Mr Fraser Black, General Roy Way, Carluke, ML8 4LP 06.03.2023 Mrs Karen MacDonald, 35 Armadale Road, Lanark, ML11 7BG 06.03.2023 Mr Malcolm Frame, 17a Ladyacre Road, Lanark, ML11 7LQ 06.03.2023 Mrs Claire Orr, 52 Woodlands Avenue, Lanark, ML11 9FF 07.03.2023 Ms Claire Wallace, 20. Clydesholm Court, Kirkfieldbank, Lanark, ML11 9JQ 07.03.2023 Mr Ian Stuart Edwards, 16 Kildare Drive, Lanark, ML11 7AQ 08.03.2023 Kay Harriman, Received Via Email 27.02.2023 Mrs June Main, 54 Robertson Drive, Lanark, ML11 9ZS 04.03.2023 Mrs Lesley Walker, Rosemount, 14-16 Westport, Lanark, ML11 9HD 08.03.2023 Miss Cheryl Reilly, 17 Wheatland Drive, Lanark, ML11 7QG 08.03.2023 Mrs Rachel Aberdein, 4 Wellwood Avenue, Lanark, ML11 7HR 07.03.2023 Mrs Rosalyn Clark, Greenhead, Corehouse, Lanark, ML11 9TQ 06.03.2023 Mrs Susan Henderson, 16 Laverockhall, Lanark, ML11 7HZ 08.03.2023 Mrs Paula Hamilton, 12 Wheatland Drive, Lanark, ML11 7QG 06.03.2023 Mrs Lynne Leslie, 58 St Leonard Street, Lanark, ML11 7BH 06.03.2023 Mrs Rosemary Sinton, 9 Hillhouse Farm Road, Lanark, ML11 9HS 07.03.2023 Mr Maurice Gauld, 12 Staikhill, Lanark, ML11 7PW 08.03.2023 Mrs Lindsey Snow, 5 Ridgepark Drive, Lanark, ML11 7PG 08.03.2023 Miss Jackie Mcknight, 7a Hospitland Drive, Lanark, ML11 7EJ 07.03.2023 137
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Mrs Hazel Orr, Charleston Park Farm, Lanark, ML11 8SG 08.03.2023 Miss Susan Anne Stuart, Silverbell Way, Lanark, ML11 9EU 07.03.2023 Mr Kenny Gair, 1 Castledyke Lea, Carstairs, Lanark, ML11 8TP 08.03.2023 Mr Patrick Friar, 18 Auctioneers Way, Regency Gardens, Lanark, ML11 9FD 07.03.2023 Mrs Heather Coke, 15 Friars Lane, Lanark, ML11 9EL 07.03.2023 Miss Christine Finlay, 130 Learig, Forth, ML11 8EQ 06.03.2023 Mrs Kayley Girvan, 4 St Mary's, Lanark, ML11 7EN 07.03.2023 Clyde Vet Group, Lanark Practice, New Lanark Market, Lanark, ML11 9SZ 24.02.2023 Mrs Margaret Forgie, 23 St Nicholas Road, Lanark, ML11 7AX 07.03.2023 Mr Kevin Johnson, 5, Hillhouse Farm Road, Lanark, ML11 9HS 07.03.2023 Mrs Valerie Paton, 20 Westport, Lanark, ML11 9HD 07.03.2023 Mr Stephen Jardine, 18 Kenilworth Road, Lanark, ML11 7BN 07.03.2023 Miss Suzanne Dick, 6 Armadale Road, Lanark, ML11 7BG 07.03.2023 Mrs Julie Scott, 45, Carstairs Rd, Lanark, ML11 8PS 07.03.2023 Mr Brian Reilly, 20 St Ninians, Lanark, ML11 7HX 07.03.2023 Mrs Judy Anderson, 48 The Marches, Lanark, ML11 7JQ 08.03.2023 Mr Andrew Davidson, 17 Weavers Walk, Lanark, ML11 9AW 08.03.2023 Mrs Lesley Wilson, 17 Forsyth Court, Lanark, ML11 7BQ 09.03.2023 Mrs Adrienne Grehan, 21 Braxfield Road, Lanark, ML11 9AH 03.03.2023 Mrs Julie Cox, 92 St Leonard Street, Lanark, ML11 7BJ 02.03.2023 Miss Tracy Mutch, 57 Smyllum Road, Lanark, ML11 7BZ 06.03.2023 Mrs Elizabeth Somerville, 3 Nemphlat Hill, Lanark, ML11 7PN 08.03.2023 Gillian Clark, Received Via Email 23.02.2023 Mrs Janis Downie, 17 Park Place, Lanark, ML11 9HH 06.03.2023 138
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Kevin Stonebanks, 34 St Leonard's Road, Lanark, ML11 7DP 06.03.2023 Mr Steven Stonebanks, 25 Hospitland Drive, Lanark, ML11 7EJ 06.03.2023 Miss Christina Seeley, 73 Bankhead Terrace, Lanark, ML11 9BT 06.03.2023 Mrs Lorna Neil, 134 St Leonard Street, Lanark, ML11 7DX 06.03.2023 Miss Jill Martin, Stanmore Avenue, Lanark, ML11 7HA 06.03.2023 Mrs Seona Hutton, 1 Auctioneers Way, Lanark, ML11 9FD 06.03.2023 Mr Ian Douglas, 3 Maple Gate, Lanark, ML11 9FW 06.03.2023 Mr Bob Holmes, 8 Whitehill Terrace, Lanark, ML11 9HQ 07.03.2023 Maureen Taylor, Scottish Equestrian Hotel, Hyndford Road, Lanark, South Lanarkshire, ML11 9TA 14.02.2023 Ms Elizabeth McIntosh, 3 Hyndford Grange, Lanark, ML11 8SF 10.03.2023 Mr Colin Dewson, 9 New Buildings, New Lanark, Lanark, ML11 9DH 07.03.2023 Mrs Loraine Swan, 103 St Leonard Street, Lanark, ML11 7BJ 06.03.2023 Miss V Mcguinness, 24 St Nicholas Road, Lanark, ML11 7AX 06.03.2023 Lynn Paterson, 2 Lockhart Drive, Lanark, ML11 9HX 06.03.2023 Mrs Michelle Barr, 2 Denniston Place, Lanark, ML11 7ED 06.03.2023 Miss Jade Farrell, 8 Mousebank Lane, Lanark, ML11 7PP 06.03.2023 Mrs Veronica Liddell, 4 Silverdale Court, Lanark, ML11 9HP 07.03.2023 Ms Vikki Craig, 61 Woodstock Road, Lanark, ML11 7DJ 07.03.2023 Dr H Connell, Courtyard Cottage, Braxfield Road, Lanark, South Lanarkshire, ML11 9BU 18.02.2023 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Bernard Darroch, Area Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07557 541 360 Email: Bernard.Darroch@southlanarkshire.gov.uk 139
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Detailed planning application Paper apart – Application number: P/23/0015 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. Prior to the development coming into use, a noise management plan shall be submitted for approval in writing by the Council as Planning Authority and thereafter implemented. Reason: To minimise noise disturbance to adjacent occupants. 04. Prior to development commencing on site, details of a lighting scheme shall be submitted for the written approval of the Planning Authority. The scheme shall include, where appropriate, details of all aspects of the installation including specific luminaire and lamp type; beam control; wattage; use of reflectors; baffles; louvres; cowling; lux contours/distribution diagrams and column type. The approved scheme shall be implemented prior to the development being brought into use and shall thereafter be operated in accordance with the approved scheme to the satisfaction of the Council as Planning Authority. Reason: These details have not been submitted or approved. 05. That before the community workshop, herby approved is brought into use, the access and all of the parking spaces shall be constructed and available for use as shown on the approved plan AL-02-101 Rev A. Reason: To ensure the provision of adequate access and parking facilities within the site. 06. That before any development commences on site, notwithstanding the location of the bin store shown on approved plans, further details of facilities for the segregation of waste, minimising cross contamination, access and arrangements for its uplift shall be submitted to and approved in writing by the Council as Planning Authority. The building hereby approved shall not be occupied until these facilities have been provided in accordance with the approved scheme or such alternative as may be agreed in writing with the Council as Planning Authority. Reason: To ensure the provision of adequate refuse arrangements. 140
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07. That the community workshop hereby approved shall be constructed in accordance with the following documented specifications- a) South Lanarkshire Council, Noise Impact Assessment, Enterprise Centre & Community Workshop, Lanark 17203761/rmg/R2 - 21st March 2023 with particular cognisance to Section 6.9 (as specified and achieving an Rw of 38 dB). b) Drawings, AA_2 1_007, AA_0 1_008 and AL_0 1_102 Rev E, as submitted in support of the development. Reason: To minimise noise disturbance to adjacent properties and businesses. 08. The developer shall ensure that prior to the development becoming occupied and thereafter during operation, the noise levels from the development shall comply with the following requirements:- Between the hours of 08:00 and 20:00 the measured noise rating level emitted from the development (LAr,1hr) shall not exceed the background noise level (LA90,30 min) by more than 4dB within the curtilage of any adjacent noise sensitive *receptor. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019- Method for Rating and Assessing Industrial and Commercial Sound at the proposed development. Between the hours of 20:00 and 08:00 the noise rating level emitted from the development (LAr,15 min) shall not exceed the background noise level (LA90,30min) by more than 4dB. This shall be measured in accordance with BS 4142:2014+A1:2019 within the curtilage of any adjacent noise sensitive receptor. *For the avoidance of doubt, noise sensitive receptor shall include the adjacent equestrian centre and stables. Reason: To minimise noise disturbance to adjacent properties and businesses. 141
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Report Agenda Item Report to: Planning Committee Date of Meeting: 9 May 2023 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/23/0036 Erection of community enterprise centre (Class 10) including office space, training kitchen, multi-purpose rooms and a bicycle workshop and retail (Class 1) and associated access, parking, fencing and landscaping 1 Summary application information Amended • Application type: Detailed planning application • Applicant: South Lanarkshire Council - Community and Enterprise Resources • Location: Land Northeast of Scottish Equestrian Centre Hyndford Road Lanark [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Hypostyle Architects ♦ Council Area/Ward: 02 Clydesdale North ♦ Policy Reference(s): National Planning Framework 4 Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 14 – Design, quality and place Policy 15 – Local living and 20 minute neighbourhoods Policy 29 – Rural Development Policy 12 – Zero Waste Policy 28 – Retail Policy 4 – Natural Places 15 143
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South Lanarkshire Local Development Plan 2 (Adopted 2021) Policy 2 – Climate Change Policy 4 – Green Belt and Rural Area Policy 5 – Development Management and Placemaking Policy 14 – Natural and Historic Environment Policy DM1 – Design Policy GBRA1 – Rural Design and Development ♦ Representation(s): ► 3 Objection Letters ► 0 Support Letters ► 2 Comment Letters ♦ Consultation(s): Roads Development Management Team Environmental Services Estates Services - Housing and Technical Resources 144
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Planning Application Report 1 Application Site 1.1 The application site is adjacent to the Scottish Equestrian Centre and Hotel, 500m from the settlement edge of Lanark. Bus routes run on Hyndford Road a short distance from the site and there are suitable pavement and cycle lane connections into the town. The application site itself is bound to the southwest and northwest by parking associated with the former racecourse and Lanark Moor Country Park. 2 Proposal(s) 2.1 The application seeks planning permission for the erection of a community enterprise centre with office space, training kitchen, multi-purpose rooms, bicycle retail and workshop. Associated access, amenity space, parking and landscaping are also proposed. The application site is situated on land currently used for parking by the Scottish Equestrian Centre and Hotel. There is an adjacent proposal for a community workshop which shares the proposed access and parking. That proposal is being assessed separately under planning reference P/23/0015 and is also being presented to this Planning Committee 2.2 The proposed building consists of 4 bays with a pitched roof building using a mix of materials, including a facing brick base and cladding to the walls. 2.3 The submitted planning statement details that the building is being procured on the behalf of Healthy Valley who are a community-led initiative that supports communities in rural South Lanarkshire. The statement states ‘it’s focus is to provide opportunities for local people to improve health and wellbeing and build stronger communities in areas of deprivation or where service gaps exists and they endeavour to adapt quickly to support the ever-changing needs of the communities they serve’. 2.4 The submitted Noise Impact Assessment, which also considers the adjacent proposal (community workshop) concludes that no significant noise issue is presented by this proposal. 2.5 The submitted Ecological Assessment has concluded that all habitats within the site were considered to be common and widespread with little ecological importance, there is no impact on the wider habitat and there is no further survey work required for bat or loss or disturbance to nesting birds. 3 Development Plan 3.1 National Planning Framework 4 (2023) 3.1.1 The National Planning Framework 4 (NPF4) was approved by Scottish Ministers on 13 February 2023 and now forms part of the Development Plan. The following NPF4 policies are of particular relevance in the assessment of this proposal:- Policy 1 – Tackling the climate and nature crises Policy 2 – Climate mitigation and adaptation Policy 14 – Design, quality and place Policy 15- Local living and 20 minute neighbourhoods Policy 29 – Rural Development Policy 12 – Zero Waste Policy 28 – Retail Policy 4 – Natural Places 3.1.2 It is considered that the proposal accords with the general provisions and relevant policies of NPF4 and the detailed assessment is contained in Section 6 of this report. 145
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3.2 South Lanarkshire Local Development Plan 2 (2021) 3.2.1 The application site is within the rural area on the edge of Lanark in the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). The relevant policies in terms of the assessment of the application are:- Policy 2 – Climate Change Policy 4 – Green Belt and Rural Area Policy 5 – Development Management and Placemaking Policy 14 – Natural and Historic Environment Policy DM1 – Design Policy GBRA1 – Rural Design and Development 3.2.2 It is considered that the proposal accords with the relevant policies of SLLDP2 and the detailed assessment is contained in Section 6 of this report. 3.3 Planning Background 3.3.1 There is no relevant planning history on the site. However, there is an adjacent proposal for a community workshop which shares the proposed access and parking. That application is being assessed separately under planning reference P/23/0015. 3.3.2 The application site is part of Lanark Common Good land and the proposal has been subject to a Common Good consultation process, available on the planning portal (CGA/22/0001). 3.3.3 This planning application and that for the community workshop (P/23/0015) form the Rural Development Centre of which South Lanarkshire Council have received funding from the Scottish Government Regeneration Capital Grant Fund (RCGF). More details of the funding and wider proposal are available in the report approved at the Community and Enterprise Resources Committee on 9 August 2022. 4 Consultation(s) 4.1 Roads Development Management Team – No objection. Response: Noted. 4.2 Estates Services - No objection Response: Noted. 4.3 Environmental Services - No objections subject to conditions controlling amplified noise. Response: Noted. 5 Representation(s) 5.1 Statutory neighbour notification procedures were undertaken and 5 representations were received (3 objections, 0 support, 2 comment). The issues raised are summarised below:- Objections and general comments include:- ⧫ Noise impact on adjacent stabled horses, during construction and use ⧫ Letters from veterinarians have been received in relation to noise impact on horses ⧫ Lack of detail of construction ⧫ Lack of detail on opening hours 146
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The above issues are considered in the assessment below and full copies are available to view on the planning portal. 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the development plan, which consists of NPF4 and SLLDP2. 6.2 NPF4 Policy 1 requires that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt to the current and future risks from climate change. Due to its scale and nature, the proposal does not require a qualitative assessment under NPF4 Policy 2. The SLLDP2 Policy 2 - Climate Change sets out criteria which new development should address to minimise and mitigate against climate change, which is in line with the aims and intentions of NPF4 Policy 2. The scale of the proposal means that it is more appropriate to assess the proposals’ climate change impact and mitigation against SLLDP2 Policy 2. 6.3 The proposal includes solar panels integrated within the roof, utilising a low to zero carbon technology. The proposal also utilises part of an existing car park, avoiding use of undeveloped land/undisturbed soils. 6.4 The proposal includes opportunities for active travel and by public transport and would have no significant adverse impact on the water or soil environment, flood risk, air quality, biodiversity and/or green networks. Therefore, overall the proposal is considered to meet the terms of Policy 1 and 2 of the NPF4 and Policy 2 of the SLLDP2. 6.5 Due to the rural area designation, NPF4 Policy 29 Rural Development and SLLDP2 Policy 4 Green Belt and Rural Area are applicable. NPF4 Policy 29 details that proposals which contribute to the viability, sustainability and diversity of rural communities and local rural economy shall be supported including (iv) essential community services or (ix) small scale developments that support new ways of working such as remote working, homeworking and community hubs. Policy 4 Green Belt and Rural Area details within the rural area small scale development in the right place, appropriate in land use terms and of high environmental quality to support the needs of communities. 6.6 Policy 29 goes on to detail under part (b) that proposals in rural areas should be suitably scaled, sited and designed to be in keeping with the character of the area. SLLDP2 Policy GBRA1 Rural Design and Development also requires proposals to respect the existing built form, landscape and setting of the surrounding countryside. Policy 14 of the SLLDP2 directs the reader in this case to Policy NHE16 Landscape. Policy 4 (d) Natural Places of NPF4 also considers landscape areas covered by the LDPs. 6.7 The site sits within the Rolling Farmland landscape type, of which the relevant guidance is as follows: ‘development should therefore be of small scale, well sited so as to maximise natural screening and integration provided by topography and woodland.’ The proposal is situated within an existing group of buildings with some immediate tree cover. The detailed design is covered later in this assessment. It is considered that the siting, scale and design is suitable for the immediate surrounding area and the wider rural landscape. The proposal meets the terms of SLLDP2 Policies 14, NHE16 and GBRA1. 147
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6.8 Policy 29 (b) also notes that consideration should be given to how the development would contribute towards local living and take into account the transport needs of the development as appropriate to the rural location. Policy 15 Local Living and 20 minute neighbourhoods, advises that the intent of local living is to create well connected and compact neighbourhoods where residents can meet the majority of their daily needs by walking, wheeling, cycling and sustainable transport. The proposal is less than 0.5km from the settlement edge of Lanark and 2.4km from the town centre. The proposal is unlikely to represent a daily use by its patrons but may be used several times a week. However, the location would be accessible by active travel from the rural community. 6.9 Policy 28 Retail details under part (d) that in rural areas, retailing shall only be appropriate where ancillary to other uses and where:- (i) It will serve local needs, support local living and local jobs (ii) The potential impact on nearby towns and commercial centre or village/local shops is acceptable (iii) It will provide a service throughout the year (iv) The likely impacts of traffic generation and access and parking are acceptable The planning statement advises that the element of retailing (sale of upcycled bikes) is directly linked to an active travel programme and a bike workshop, ancillary to the wider activities of Healthy Valleys. The retailing in its nature is not providing a product required on a daily basis. However, the retailing supports a wider local need by way of supporting the organisation’s wider aims. Local living seeks to support compact neighbours and use of active travel. The sale of upcycled bikes at a location with direct access to cycle lanes and mountain biking trails in reasonable proximity to residential dwellings and Lanark, supports the wider aims of supporting active travel. 6.10 There is one other bike retailer based within the town centre of Lanark. The small scale nature of this retailing, limited to sale of upcycled bikes is unlikely to have a significant adverse impact on other businesses, within the town centre. The agent has confirmed that the bike retailing and workshop would be available all year round. Roads and Transportation have raised no concerns in relation to traffic generation and access and parking proposals, are acceptable. A planning condition would be imposed to ensure that the retailing element remains for the sale of bicycles. The proposal meets the terms of Policy 29 Retail part (d), as applicable. 6.11 Policy 14 Quality, design and place of NPF4 requires proposals to contribute to the 6 qualities of successful places. NPF4 Policy 12 Zero Waste (part c) requires waste management details including waste separation and reduction at source, storage of waste and convenient collection. Policy 5 - Development Management and Placemaking of SLLDP2 is relevant for all proposals and through various criterion seeks to ensure proposals take account of the principles of sustainable development, avoid significant adverse impact on the local area, the community and environment. Policy DM1 - New Development Design seeks to ensure proposals promote quality and sustainability in design, layout and enhance or make a positive contribution to the surrounding area. 6.12 In terms of design, the proposal’s scale, design, mass and materials are all considered suitable for the surrounding area. The proposal provides a building for use by the community in a location with passive surveillance from the adjacent uses such as the Equestrian Centre, sports pitches and general recreation use. The building is in part accessible by active travel, it includes low carbon technology and it could be adaptable to other uses in the future. A condition requiring details of lighting to improve safety 148
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would be imposed on any permission granted. The proposal meets the terms of NPF Policy 14, 12 (c), and SLLDP2 Policy 5 and DM1. 6.13 The representations received raise issues of noise, lack of detail concerning construction and lack of detail in relation to opening hours. The specification submitted with the proposal provides details on finishing materials. The applicant advises that the premises would operate from 8am to 10pm. The letters received in relation to noise on the most part relate to noise from construction and in relation to the adjacent proposal (P/23/0015). A condition shall be imposed on any consent to limit amplified noise. It is not considered that the proposal would generate unacceptable noise. 6.14 It is considered that the proposal is a suitable use for the location and presents a small- scale community hub with ancillary retailing which is accessible by active travel means. It would support the wider aims of reducing health inequalities, rural depravation and support active travel, which in turn supports the viability, sustainability and diversity of the rural community. It is considered that the proposal meets the terms of NPF4 and SLLDP2. Overall, there are no other material considerations which would warrant refusal of the application and it is recommended that planning permission be granted. 7 Reasons for Decision 7.1 The application relates to the erection of a community enterprise centre comprising office space, training kitchen, multi-purpose rooms, bicycle retail and workshop and associated access, amenity space, parking and landscaping. The proposal is a suitable use for the location and presents a small-scale community hub with ancillary retailing which is accessible by active travel means, which shall support wider aims of reducing health inequalities, rural depravation and supporting active travel which in turn shall support the viability, sustainability and diversity of the rural community. The design, siting, form and materials are suitable for the site and surrounding area. The proposal meets the relevant terms of Policy 1, 2, 14, 12, 15, 4, and 29 of National Planning Framework 4. The proposal meets the terms of Policy 2, 4, 5, 14, DM1, GBRA1, NHE16 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would warrant refusal of the application. David Booth Executive Director (Community and Enterprise Resources) 28 April 2023 Previous references None List of background papers ► Application form ► Application plans ► National Planning Framework 4 (adopted 2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Committee Report (Item 13) - Scottish Government Regeneration Capital Grant Fund Proposal to Create a Rural Development Centre at Lanark Racecourse presented to Community and Enterprise Resources Committee - 9th August 2022 ► Lanark Gazette advert dated 19 April 2023 ► Neighbour notification letter dated 6 February 2023 149
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► Consultations Roads Development Management Team 01.03.2023 Environmental Services Estates Services - Housing and Technical Resources 06.02.2023 ► Representations Dated: Maureen Taylor, Scottish Equestrian Hotel, Hyndford Road, Lanark, South Lanarkshire, ML11 9TA 14.02.2023 Kay Harriman, Received Via Email 27.02.2023 Clyde Vet Group, Lanark Practice, New Lanark Market, Lanark, ML11 9SZ 24.02.2023 Gillian Clark, Received Via Email 23.02.2023 H Connell, Courtyard Cottage, Braxfield Road, Lanark, South Lanarkshire, ML11 9BU 18.02.2023 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Bernard Darroch, Area Manager, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07557 541 360 Email: Bernard.Darroch@southlanarkshire.gov.uk 150
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Detailed planning application Paper apart – Application number: P/23/0036 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. The developer shall ensure that prior to the development becoming occupied and thereafter during operation, the noise levels from the development shall comply with the following requirements:- Between the hours of 08:00 and 20:00 the measured noise rating level emitted from the development (LAr,1hr) shall not exceed the background noise level (LA90,30 min) by more than 4dB within the curtilage of any adjacent noise sensitive *receptor. This shall be measured in accordance with British Standard BS 4142:2014+A1:2019- Method for Rating and Assessing Industrial and Commercial Sound at the proposed development. Between the hours of 20:00 and 08:00 the noise rating level emitted from the development (LAr,15 min) shall not exceed the background noise level (LA90,30min) by more than 4dB. This shall be measured in accordance with BS 4142:2014+A1:2019 within the curtilage of any adjacent noise sensitive receptor. *For the avoidance of doubt, noise sensitive receptor shall include the adjacent equestrian centre and stables. Reason: To minimise noise disturbance to adjacent properties and businesses. 04. The noise immissions from the premises shall not be audible adjacent equestrian centre and stables. The following shall be used as an objective guide for the aforementioned requirement: 1. The LA10 entertainment noise shall not exceed the representative background noise levels LA90 (without entertainment noise) in any 1/3 octave band between 40Hz and 160Hz 2. The LAeq,15min of the entertainment noise shall not exceed the representative background noise LA90,15min (without entertainment noise). Reason: To minimise noise disturbance to adjacent properties and businesses. 05. That the retailing element, hereby approved, shall only be for the sale of bicycles and ancillary products related to the activities of the community enterprise centre hereby approved. 151
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Reason: To ensure the retail element approved complies with Policy 28 (Retail) of NPF 4. 06. The approved on-site zero and low carbon energy technologies, solar panels as shown on approved plans shall be fully installed and operational prior to the occupation of any approved buildings. Reason: To secure the timeous implementation of on-site zero and low carbon energy technologies and compliance with Policy DM1 of adopted SLLDP2. 07. Prior to development commencing on site, details of a lighting scheme shall be submitted for the written approval of the Planning Authority. The scheme shall include, where appropriate, details of all aspects of the installation including specific luminaire and lamp type; beam control; wattage; use of reflectors; baffles; louvres; cowling; lux contours/distribution diagrams and column type. The approved scheme shall be implemented prior to the development being brought into use. Reason: These details have not been submitted or approved. 08. That before the community enterprise centre, herby approved, is completed or brought into use, the access and all of the parking spaces shown on the approved plan AL-02- 101 Rev A shall be laid out, constructed and available for use. Reason: To ensure the provision of adequate access and parking facilities within the site. 09. That before any development commences on site, notwithstanding the location of the bin store shown on approved plans, further details of facilities for the segregation of waste, minimising cross contamination, access and arrangements for its uplift shall be submitted to and approved in writing by the Council as Planning Authority. The building hereby approved shall not be occupied until these facilities have been provided in accordance with the approved scheme or such alternative as may be agreed in writing with the Council as Planning Authority. Reason: To ensure the provision of adequate refuse arrangements 152
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