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Agenda Document Pack - Planning Committee - 08/08/2023

South Lanarkshire Council · 8 August 2023
Back to Planning Committee — 8 August 2023 and its agenda

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Council Offices, Almada Street        
Hamilton, ML3 0AA 
Monday, 31 July 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, 08 August 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
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of the meeting of the Planning Committee held on 6 June 2023
submitted for approval as a correct record.  (Copy attached) 
5 - 10 
Item(s) for Decision 
3 South Lanarkshire Local Development Plan 3, South Lanarkshire
Development Plan Scheme 2023 and Open Space Strategy
Report dated 31 July 2023 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
11 - 36 
4 Application P/21/2155 for Change of Use of Agricultural Farmland to Form
an Agricultural Vehicle, Plant and Machinery Sale Yard Including the
Erection of 2 Agricultural Sheds and Associated Works (Retrospective) at
Stoneside of Dripps Farm, Cartside Highway, Thorntonhall
Report dated 31 July 2023 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
37 - 46 
5 Application P/22/0078 for Erection of House with Associated Works at
Land Adjacent to Holmpark, Stoneymeadow Road, East Kilbride
Report dated 31 July 2023 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
47 - 56 
6 Application P/22/0122 for Erection of Detached Double Garage at Plot 4,
Stanmore Park, St Leonard Street, Lanark
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
57 - 64 
7 Application P/22/0390 for Change of Use of Land From Agriculture to Class
6 (Storage or Distribution), Installation of Modular Office Building, Erection
of Vehicle Washing Bay and Creation of Hardstanding Area
(Retrospective) and Formation of Haul Road at Townhead Farm, Ponfeigh
Road, Sandilands, Lanark
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
65 - 78 
8 Application P/22/0878 for Erection of 14 Wind Turbines (12 with 149.9
Metres Maximum Height to Tip and 2 with 180 Metres Maximum Height to
Tip) with a Maximum Output of up to 50 Mega Watts and Associated
Infrastructure Including Substation, Control Building etc (Section 42
Application to Amend Condition 3 of Planning Consent P/18/1540 to Permit
Operational Lifetime for a 30 Year Period) at Cumberhead Windfarm,
Stockbriggs from New Trows C13 to Cumberhead, Lesmahagow
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
79 - 96 
9 Application P/22/1359 for Change of Use of Domestic Office and Gym to a
One-Bedroom Self-Catering Holiday Let (Retrospective) at 3 Mauldslie
Castle Orchard, Mauldslie Road, Carluke
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
97 - 104
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10  Application P/23/0069 for Installation of Battery Storage Facility (Section
36 Scottish Government Consultation) at Land at Broken Cross Open Cast
Coal Site, Tower Road, Douglas, Lanark
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
105 - 118 
11  Application P/23/0357 for Planning Permission in Principle for the Erection
of 25 Chalets, a Commercial Facility, Tourist/Leisure Use, Eco Village and
Associated Landscaping (Section 42 Application to Remove Condition 2 -
Number of Units of Planning Consent CL/17/0199) at Land 160 Metres
Northeast of Nether Kypeside Farm, Lesmahagow
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
119 - 128 
12  Application P/23/0587 for Overcladding of Roof and Walls, Erection of
Single Storey Extension, Nursery Playground Extension and Associated
Fencing, Creation of New Car Park, Widening of Existing Road, Formation
of New Pedestrian Footpath, Stair and Ramp, Substation and Associated
Infrastructure at Our Lady of Lourdes Primary School, Carnegie Hill, East
Kilbride
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
129 - 138 
13  Application P/23/0596 for Erection of Detached House on Agricultural Land
(Planning Permission in Principle) at Stockwell Farm, Braidwood Road,
Braidwood, Carluke
Report dated 31 July 2023 by the Executive Director (Community and Enterprise
Resources).  (Copy attached) 
139 - 148 
Urgent Business 
14  Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING COMMITTEE 
Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street,
Hamilton on 6 June 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 Lesley McDonald, Councillor Davie McLachlan, Councillor Julia Marrs (substitute),
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 
Attending:
Community and Enterprise Resources
B Darroch, Planning and Building Standards Manager (East); F Carlin, Head of Planning and
Regulatory Services; S Laird, Engineering Manager (Transportation Engineering); F Jack, Team
Leader, Development Management Team, Roads and Transportation Services; J Weir, Planning
Team Leader (West Team)
Finance and Corporate Resources
M Cannon, Solicitor; S Jessup, Administration Assistant; S McLeod, Administration Officer 
1 Declaration of Interests 
No interests were declared. 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Planning Committee held on 9 May 2023 were submitted for
approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
3 Application P/21/0929 for Development of 33 Park Homes with Associated Access
Roads, Landscaping and Ancillary Office and Community Facilities at Former
Tileworks, Waterlands Road, Law 
A report dated 25 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/21/0929 by I Townsley for the development of 33 park
homes with associated access roads, landscaping and ancillary office and community facilities
at the former tileworks, Waterlands Road, Law. 
There followed a discussion on the application during which an officer responded to a member’s
question on an aspect of the report.
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The Committee decided: that planning application P/21/0929 by I Townsley for the
development of 33 park homes with associated access
roads, landscaping and ancillary office and community
facilities at the former tileworks, Waterlands Road, Law be
refused for the reasons detailed in the Executive Director’s
report. 
4 Application P/22/0737 for Demolition of Agricultural Buildings and Erection of 6
Houses, Access, Car Parking, Landscaping and Associated Infrastructure at
Millhouse Farm, Shields Road, East Kilbride 
A report dated 18 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0737 by the Rasul Family Trust for the demolition of
agricultural buildings and the erection of 6 houses, access, car parking, landscaping and
associated infrastructure at Millhouse Farm, Shields Road, East Kilbride. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report. 
The Committee decided: that planning application P/22/0737 by the Rasul Family
Trust for the demolition of agricultural buildings and the
erection of 6 houses, access, car parking, landscaping and
associated infrastructure at Millhouse Farm, Shields Road,
East Kilbride be refused for the reasons detailed in the
Executive Director’s report. 
Councillor Frame left the meeting during this item of business due to technical difficulties 
5 Application P/22/0967 for Formation of 2 House Plots with Associated Access and
Subdivision of Garden Ground to Form an Additional Plot at Glenavon Farm,
Millheugh Road, Stonehouse 
A report dated 25 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0967 by K Bonthorn for the formation of 2 house
plots with associated access and subdivision of garden ground to form an additional plot at
Glenavon Farm, Millheugh Road, Stonehouse. 
The Committee decided: that planning application P/22/0967 by K Bonthorn for the
formation of 2 house plots with associated access and
subdivision of garden ground to form an additional plot at
Glenavon Farm, Millheugh Road, Stonehouse be refused
for the reasons detailed in the Executive Director’s report. 
6 Application P/22/1053 for Erection of a 1½ Storey Detached House, Formation of
Vehicular Access and Parking at Land Adjacent to Stoneymeadow Cottage,
Stoneymeadow Road, East Kilbride 
A report dated 26 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1053 by D Bell for the erection of a 1½ storey
detached house, formation of vehicular access and parking at land adjacent to Stoneymeadow
Cottage, Stoneymeadow Road, East Kilbride.
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Points raised in further representations to elected members were referred to at the meeting and
addressed by an officer. 
There followed a discussion on the application during which an officer responded to a members’
questions on aspects of the report. 
The Committee decided: that planning application P/22/1053 by D Bell for the
erection of a 1½ storey detached house, formation of
vehicular access and parking at land adjacent to
Stoneymeadow Cottage, Stoneymeadow Road, East
Kilbride be refused for the reasons detailed in the
Executive Director’s report. 
Councillor Frame rejoined the meeting during this item of business 
7 Application P/22/1178 for Erection of House with Associated Access and Parking
at Plot 3, Land 50 Metres South Southwest of 1 Milton Cottage, Milton Road,
Carluke 
A report dated 25 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1178 by Mr and Mrs D Cornwell for the erection of a
house with associated access and parking at plot 3, land 50 metres south southwest of 1 Milton
Cottage, Milton Road, Carluke. 
Points raised in further representations to elected members were referred to at the meeting and
addressed by an officer. 
Following discussion, during which an officer responded to a member’s question on an aspect of
the report, Councillor Nelson, seconded by Councillor Convery, moved that the application be
refused for the reasons detailed in the Executive Director’s report.  Councillor Shearer,
seconded by Councillor Frame, moved that the application be granted subject to appropriate
conditions, to be prepared by officers, on the grounds that the application site was deemed to be
a brownfield site and should be developed.  On a vote being taken using the electronic voting
system, 9 members voted for the amendment and 15 for the motion which was declared carried. 
The Committee decided: that planning application P/22/1178 by Mr and Mrs D
Cornwell for the erection of a house with associated access
and parking at plot 3, land 50 metres south southwest of 1
Milton Cottage, Milton Road, Carluke be refused for the
reasons detailed in the Executive Director’s report. 
8 Application P/22/1247 for Change of Use from Agricultural to Horticultural and
Landscape Gardening Yard and Orchard for Soils, Gravel and a Maximum of 2
Screened Off Shipping Containers at Land 50 Metres Northeast of Dalton School
Lodge, Flemington Road, Cambuslang 
A report dated 26 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1247 by GGM Limited for a change of use from
agricultural to horticultural and landscape gardening yard and an orchard for soils, gravel and a
maximum of 2 screened off shipping containers at land 50 metres northeast of Dalton School
Lodge, Flemington Road, Cambuslang. 
There followed a discussion on the application during which officers responded to members’
questions on aspects of the report.
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The Committee decided: that planning application P/22/1247 by GGM Limited for a
change of use from agricultural to horticultural and
landscape gardening yard and an orchard for soils, gravel
and a maximum of 2 screened off shipping containers at
land 50 metres northeast of Dalton School Lodge,
Flemington Road, Cambuslang be granted subject to the
conditions specified in the Executive Director’s report. 
9 Application P/22/1463 for Erection of 50 Detached Houses, Associated Parking
and Infrastructure (Approval of Matters Specified in Condition 1(a to r) of Planning
Consent EK/09/0218) at Land 450 Metres East Southeast of Easter House,
Newhouse Road, East Kilbride 
A report dated 26 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1463 by Lynch Homes Limited for the erection of 50
detached houses, associated parking and infrastructure (approval of matters specified in
condition 1(a to r) of planning consent EK/09/0218) at land 450 metres east southeast of Easter
House, Newhouse Road, East Kilbride. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report. 
The Committee decided: that planning application P/22/1463 by Lynch Homes
Limited for the erection of 50 detached houses, associated
parking and infrastructure (approval of matters specified in
condition 1(a to r) of planning consent EK/09/0218) at land
450 metres east southeast of Easter House, Newhouse
Road, East Kilbride be granted subject to the conditions
specified in the Executive Director’s report. 
[Reference:  Minutes of 26 June 2018 (Paragraph 4)] 
10 Application P/22/1507 for Erection of 5 Houses with Associated Works Including
Treatment Plant with Soakaway Area and New Vehicular Access for Existing
House at Site of Former Fence Nursery, Fence Terrace, Tillietudlem, Lanark 
A report dated 25 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1507 by MAC Consultant Services Limited for the
erection of 5 houses with associated works including treatment plant with soakaway area and
new vehicular access for the existing house at the site of the former Fence Nursery, Fence
Terrace, Tillietudlem, Lanark. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report. 
The Committee decided: that planning application P/22/1507 by MAC Consultant
Services Limited for the erection of 5 houses with
associated works including treatment plant with soakaway
area and new vehicular access for the existing house at the
site of the former Fence Nursery, Fence Terrace,
Tillietudlem, Lanark be refused for the reasons detailed in
the Executive Director’s report. 
[Reference:  Minutes of Clydesdale Area Committee of 28 April 2009 (Paragraph 4)]
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11 Application P/22/1768 for Erection of Rear Extension with Garage on Ground
Floor with Self-Contained Extended Family Accommodation Unit Above at Logie
Green, 2 Glenview, Larkhall 
A report dated 25 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/1768 by S Carroll for the erection of a rear
extension with garage on the ground floor and a self-contained extended family accommodation
unit above at Logie Green, 2 Glenview, Larkhall. 
The Committee decided: that planning application P/22/1768 by S Carroll for the
erection of a rear extension with garage on the ground floor
and a self-contained extended family accommodation unit
above at Logie Green, 2 Glenview, Larkhall be granted
subject to the conditions specified in the Executive
Director’s report. 
12 Application P/23/0241 for Planning Permission in Principle for Residential
Development (Section 42 Application to Amend Planning Condition 3 Relating to
Planting Details of Planning Consent P/19/1546) at Dalquhandy Opencast Coal
Site, Middlemuir Road, Coalburn, Lanark 
A report dated 26 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/23/0241 by 777 MOT Limited for planning permission
in principle for a residential development (Section 42 application to amend planning condition 3
relating to planting details of planning consent P/19/1546) at Dalquhandy Opencast Coal Site,
Middlemuir Road, Coalburn, Lanark. 
The Committee decided: that planning application P/23/0241 by 777 MOT Limited
for planning permission in principle for a residential
development (Section 42 application to amend planning
condition 3 relating to planting details of planning consent
P/19/1546) at Dalquhandy Opencast Coal Site, Middlemuir
Road, Coalburn, Lanark be granted subject to the
conditions specified in the Executive Director’s report. 
[Reference:  Minutes of 10 March 2020 (Paragraph 6)] 
13 Application P/23/0257 for Siting of Mobile Snack Van Outside 5A Law Place,
Nerston Industrial Estate, East Kilbride 
A report dated 26 May 2023 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/23/0257 by Belly Busters for the siting of a mobile
snack van outside 5A Law Place, Nerston Industrial Estate, East Kilbride. 
There followed a discussion on the application during which an officer responded to a member’s
question on an aspect of the report. 
The Committee decided: that planning application P/23/0257 by Belly Busters for the
siting of a mobile snack van outside 5A Law Place, Nerston
Industrial Estate, East Kilbride be granted subject to the
conditions specified in the Executive Director’s report.
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14 Urgent Business 
There were no items of urgent business. 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Subject South Lanarkshire Local Development Plan 3
South Lanarkshire Development Plan Scheme 2023
Open Space Strategy 
1. Purpose of Report
1.1 The purpose of the report is to:-
[purpose]
 Seek Committee approval to begin preparation of a third Local Development Plan
(SLLDP3) for the Council’s area
 Update Committee on the work that has been carried out to date on an Open Space
Strategy for the Council’s area
 Seek approval for the South Lanarkshire Development Plan Scheme 2023
attached as appendix 1 of the report 
2. Recommendation(s)
2.1. The Committee is asked to approve the following recommendation(s):- 
(1) That the Committee approve that Officers commence the relevant statutory
processes and engagement in relation to the preparation of a third Local
Development Plan (SLLDP3) for South Lanarkshire and that regular updates on
progress are provided to the Committee as appropriate; 
(2) Note that work has started on the preparation of an Open Space Strategy for the
Council’s area in the context of the process for preparing a Local Development
Plan; and
(3) That the Committee approve the South Lanarkshire Development Plan Scheme
2023, attached as appendix 1 of the report. 
3. Background
3.1. The planning system in Scotland is plan-led which means decisions on planning
applications are to be made in accordance with the development plan for the area
unless material considerations indicate otherwise. The Planning (Scotland) Act 2019
introduced a number of changes to the development planning system including giving
the Scottish Government’s National Planning Framework an enhanced status as part
of the development plan alongside the Council’s Local Development Plan. The 2019
Act also removed the need to prepare Strategic Development Plans; and a revised
framework for Local Development Plan preparation as well as introducing a new
statutory duty for Councils to prepare an Open Space Strategy. 
3.2 A report was presented to the Planning Committee on 21 March 2023 advising that
the Scottish Government had adopted and published National Planning Framework 4
(NPF4) on 13 February 2023. In the context of preparing Local Development Plans,
NPF4 sets out six overarching principles in relation to where development should be
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located namely just transition; conserving and recycling assets; local living; compact
urban growth; rebalanced development; and rural revitalisation. Part 2 of NPF4 is the
National Planning Policy comprising 33 policies on distinct land use matters for the
development and use of land which are to be applied in the preparation of LDPs.   
3.3    The Council’s current Local Development Plan 2 was adopted in April 2021. The
process for preparing LDP3 is set out in the 2019 Act with further detail provided in the
subsequent Regulations and guidance published in May 2023. The way in which LDP3
will now be prepared and its format is described below.  One key matter to note is that
the new style LDP will have a 10 year lifetime instead of 5 years previously.  
4. Local Development Plan 3
4.1 The Council has a statutory duty to prepare a Local Development Plan for all parts of
its area. LDP3 will show the spatial implications of national planning policy for different
places. It will have fewer thematic policies and written text than previously and is to
avoid replicating policy in NPF4, although it can include local policies to reflect local
issues. It will be place-based presented as a series of maps, site briefs and
masterplans for individual sites and localities. The plans should also be people-centred
so that they meet the needs and aspirations of people and communities and as a result
seek to tackle inequalities. Extensive engagement is to be carried out with
stakeholders, key agencies and partners and local communities so that the plan is
prepared collaboratively taking into account a diverse range of views. 
4.2 The new style plan should be seen as a corporate document and a vehicle for the
delivery of outcomes by drawing together all of the Council’s strategies, plans and the
objectives of the Council Plan as well of those of its partners and other stakeholders.
The Act requires the LDP to take account of the Council’s Community Plan. The plan
is to take an infrastructure first approach so that an understanding of existing capacity
and the requirement for new or improved infrastructure is an integral part of the plan
process; this is to inform the site selection process. The LDP will include a Delivery
Programme which will set out how the Council will implement the plan, including a list
of actions required to deliver the policies and proposals and the timescales involved. 
4.3 The Act sets out the key agencies that are to be engaged in the preparation of the plan
including NatureScot, SEPA, Scottish Water, Scottish Enterprise, NHS Lanarkshire
and the Regional Transport Partnership. It also requires engagement with a range of
groups including children and young people, disabled persons, Gypsies and Travellers
and community councils. 
4.4 The LDP process now comprises the following key stages:-            
Development Plan Scheme
The Council has a statutory duty to prepare an annual Development Plan Scheme
(DPS) which is to set out the proposed timetabling for each stage of the plan
preparation. It also includes a Participation Statement which describes how and when
interested parties can get involved and methods to reach under-represented groups. 
A new requirement is consultation on the Participation Statement and this was carried
out on a draft version during June and July. Over 50 responses to an online survey
and other publicity were received and they highlighted a range of views on the
preferred way to engage and consult different groups of people, and across the diverse
localities in South Lanarkshire, as well as suggestions on who we should contact. The
format of the DPS has also been reviewed to take account of the responses. 
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The updated version is attached as appendix 1. The Participation Statement describes
at a high level the way in which engagement will be carried out and it is intended to
prepare separate detailed programmes for individual groups so that their requirements
can be met. Members are asked to approve the South Lanarkshire Development Plan
Scheme 2023.     
Evidence Report
The Act has introduced a new requirement to prepare an evidence report at the start
of the plan-making process. The evidence will be used to inform what to plan for before
the Proposed Plan looks at where new development should take place. The evidence
to be gathered includes a wide range of quantitative data from a national to a local
level. It also involves local, regional and national strategies and policy priorities that
will have an impact on the direction of the LDP. Internal and external partners will
provide valuable input. An assessment of the capacity of existing infrastructure and
services will be carried out to support the Infrastructure First approach. 
The evidence report is also to be informed by the views of those affected by the plan
and involved in its delivery and therefore extensive early engagement will be carried
out with key agencies, stakeholders, interest groups and local communities to ensure
evidence gathering is collaborative and transparent. In this way the lived experience
of those who live and work in a place will be captured. It is expected that validation
and agreement of the evidence by stakeholders will be carried out. 
The Council is required to invite community bodies to prepare a Local Place Plan for
their area at the start of the evidence report process. While not mandatory it allows
local communities to set out their aspirations to make their place better in order to feed
into the development plan process. 
Once finalised the Evidence Report must be approved at a meeting of South
Lanarkshire Council. 
Gate Check
Once approved the Evidence Report must be submitted to Scottish Ministers to carry
out a Gate Check. This involves an assessment by a Reporter from the Planning and
Environmental Appeals Division (DPEA) of whether sufficient information has been
gathered to prepare the LDP and appropriate engagement has been carried out. On
being notified that there is sufficient information the Council can move to prepare the
Proposed Plan. However, the Reporter may also recommend how to improve the
Evidence Report for resubmission and further assessment. 
Proposed Plan
The Proposed Plan will identify where new development should, and should not, take
place. It will reflect the ambitions and priorities for the future development of the
Council area and support the co-ordination of development and service provision.  It
will be place-based with a focus on places and locations and with an emphasis on
maps, development briefs and masterplans. As well as the Community Plan, the
Proposed Plan should take into account national and regional strategies as well as
corporate documents such as the Sustainable Development and Climate Change
Strategy, Local Transport Strategy, Local Housing Strategy and Open Space Strategy.
It will involve a collaborative approach by working with stakeholders and local
communities. 
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It will include a Local Housing Land Requirement to meet the housing needs of the
area (including those in further/higher education, disabled and older people and Gypsy
Travellers). A Call for Ideas will be made in the early stages to allow landowners,
developers and other parties the chance to put forward proposals in relation to sites
but also ideas for any aspect of the plan. 
The Proposed Plan must also be approved by South Lanarkshire Council after which
there will be a minimum 12 week statutory consultation period. In a new stage the plan
may be modified after the consultation has ended to take account of representations
or consultation responses. 
Examination 
Following Council approval of the Proposed Plan it is to be submitted to Scottish
Ministers to appoint a Reporter to carry out an examination of any unresolved
representations. Once this is complete the Reporter will prepare a report setting out
recommendations for making modifications to the plan. The Council must carry out the
modifications except in very limited circumstances. 
Adoption 
Once the plan has been modified the Council can then take steps to adopt it including
publication in a local newspaper. A legal challenge can be made to the Court of
Session within 6 weeks of the date of adoption. 
5. Open Space Strategy
5.1 The Council has a new duty to prepare an Open Space Strategy (OSS) which is to set
out the strategic framework of the Council’s policies and proposals for the
development, maintenance and use of green infrastructure.  It is intended to be a
corporate document which brings together the policies of services including Planning,
Estates, Grounds, Countryside and Greenspace and Roads and Transportation. It sits
separate from the legislation on LDPs, however, the recent guidance on preparing
LDPs makes reference to the OSS having to be submitted as part of the Evidence
Report. Six outcomes are to be achieved including:- 
• improving access to green infrastructure, open space and green networks, 
• creating successful and sustainable places,  
• improving health and wellbeing, 
• advancing equality and eliminating discrimination, 
• securing positive effects for biodiversity, and 
• mitigation of and adaptation to climate change. 
5.2 An audit of open space within the Council’s area was completed earlier this year.
Officers are now starting work on identifying localities at an appropriate scale within
which statements describing the existing quality, quantity and accessibility of open
space in each will be prepared. This in turn will inform the assessment of current and
future requirements in terms of meeting the six outcomes and the needs of each
locality. Engagement with local communities, children and young people, and older
and disabled people and key agencies will be carried out. This works aligns with the
requirement to prepare a separate Play Sufficiency Assessment as part of the Local
Development Plan process. 
6. Next Steps
6.1 The DPS at appendix 1 sets out the proposed timetable for the preparation of LDP3.
The first stage involves the gathering of data and other information to inform the
Evidence Report over the next 12 months. This will involve establishing a series of
internal officer groups to help understand any plans and proposals that individual
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services have that includes a spatial element as well as advice on, and participation
in, appropriate engagement activity. Close working relationships have already been
established with a range of services including the Community Engagement Team,
Housing Services, Education Resources, Social Work and the Health and Social Care
Partnership. This will be particularly important when it comes to addressing themes
such as community wealth building, health and wellbeing, heat and cooling and local
living which are relatively new issues for the planning system. In addition, topics such
as climate change adaptation and mitigation, the nature crisis and the re-imaging of
town centres will also be important matters to address. 
6.2 Extensive engagement will also be carried out at this stage which will involve a wide
range of activity to meet the needs of interest groups, stakeholders and communities. 
The Planning Service has started engagement with the Community Planning
Partnership while discussion has taken place with VasLan in terms of their key role in
facilitating engagement with voluntary organisations. In addition, regular discussions
take place with officers at NHS Lanarkshire and Public Health Scotland.  Cross
boundary working with colleagues in North Lanarkshire Council is also being explored
where pan Lanarkshire issues arise such as open space/green network and health.
Officers also attend a number of groups at a Glasgow City Region level to ensure
strategic matters are considered. 
7. Employee Implications
7.1. The preparation of the next Local Development Plan is likely to be more resource
intensive than earlier versions based on the new procedures and guidance and
additional topics that are required to be covered.  In addition, the corporate focus of
the new plan will require collaboration with other Council services. 
8. Financial Implications
8.1. The costs of the preparation and production of the next Local Development Plan and
Open Space Strategy will be expected to be met from existing budgets. This includes
the cost of the newly introduced Gate Check of the Council’s Evidence Report as well
as the Examination of the Proposed Plan. 
9. Climate Change, Sustainability and Environmental Implications 
9.1. The themes of tackling the climate and nature crises, climate mitigation and adaptation
and support for sustainable developments through the application of principles of local
living and 20-minute neighbourhoods will be to the spatial strategy of LDP3. The Open
Space Strategy will also contribute to addressing these outcomes. LDP3 and the Open
Space Strategy will be subject to full Strategic Environmental Assessment and Habitat
Regulations Assessment. 
10. Other Implications
10.1. The preparation of the Local Development Plan and Open Space Strategy are
statutory requirements for the Council. Failure to have up to date versions carries a
reputational risk and the possibility of not attracting investment into the Council area. 
11. Equality Impact Assessment and Consultation Arrangements
11.1. LDP3 will be subject to Equalities Impact Assessment, Child Rights and Wellbeing and
a Fairer Scotland Duty Assessment. 
11.2. Extensive engagement and consultation by the Council will be carried out as set out
in the Development Plan Scheme at appendix 1. 
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David Booth
Executive Director (Community and Enterprise Resources) 
31 July 2023 
Link(s) to Council Values/Priorities/Outcomes
 Good quality, suitable and sustainable places to live 
Previous References
 Report to Planning Committee 21 March 2023 – National Planning Framework 4
transitional arrangements 
List of Background Papers
 Planning (Scotland) Act 2019
 National Planning Framework 4 adopted by Scottish Ministers on 13 February 2023
 Town and Country Planning (Development Planning) (Scotland) Regulations 2023
 Scottish Government Local Development planning guidance published May 2023 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tony Finn, Planning and Building Standards Manager (Headquarters)
Ext:  5105  (Tel: 01698 455105)
E-mail: tony.finn@southlanarkshire.gov.uk 
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South Lanarkshire Council 
Development Plan Scheme and Participation Statement 2023 
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What is the Development Plan Scheme? 
A Development Plan Scheme is prepared and updated by the Council every year. This current version sets out how we will prepare our next Local Development
Plan which will show how our places will look in the future, where new houses and places of work will be built, how services and facilities such as schools and
travel will be provided and identify the places and buildings to be protected. 
It includes details of the proposed timetable, the timing of each stage of the plan making process and what is involved; as well as a Participation Statement
which explains how and when we will ask stakeholders including local communities and key agencies to become involved.   
What is the Development Plan for SLC? 
Development plans are important as they guide decisions on applications for planning permission. The current arrangements that apply across Scotland are
shown in the diagram below.
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National 
Planning
Framework
Sets out the Scottish Ministers’ policies and
proposals for the development and use of land.
Must have regard to any adopted regional
spatial strategy (RSS) when preparing, revising
or amending the NPF
Regional
Spatial
Strategy
A planning authority, or authorities acting
jointly, prepare these long-term spatial
strategies for the strategic development of an
area. 
RSS are not part of the statutory development
plan but have an important role informing
future versions of the NPF and LDPs (Local
Development Plan).
Local
Developmen
t Plans
Councils must prepare one or more LDP for
their area. It shows how local places will
change into the future, including where
development should and should not happen.
It must take into account the National Planning
Framework and any registered local place
plan/s (LPPs) for the area the LDP covers. It
should also have regard to their adopted RSS
and Community Plan for the area it covers. 
Local Place
Plans
LPPs are community-led plans prepared by
community bodies setting out proposals for the
development and use of land in their local
area. It must have regard to the NPF, any LDP
which covers the same area, and also any
neighbourhood plan which covers the same
area. 
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LPPs are not part of the statutory development
plan but have an important role to play in
informing LDPs. 
National Planning Framework 4 was published and adopted by the Scottish Government on 13 February 2023. It sets out 33 national planning policies which
represent the Scottish Government’s long term spatial strategy for Scotland. These policies are used to assess planning applications and also provide the
direction for what the Council’s Local Development Plan should include. 
The table in Annex 1 shows how these policies link to other national and the Council’s own strategies and policies. 
South Lanarkshire Local Development Plan 2 was adopted in April 2021 and represents the Council’s spatial policy for its area. It includes sites that are allocated
for development as well as detailed policies on matters such as climate change, the green belt and rural area, housing, town centres and transport. 
It is accompanied by other documents including Supporting Planning Guidance covering Developer Contributions, Renewable Energy, Electric Vehicle Charging
Infrastructure and Development at a Dwellinghouse.   
Regional Spatial Strategies will look at strategic development issues – in the case of South Lanarkshire across the Glasgow City Region. The legislation on this
has not been brought into effect yet by the Scottish Government. 
Local Place Plans are a new opportunity for local communities to get involved in the planning system by setting out proposals for the development and use of
land in their area.  Once it has been registered by the planning authority, we have a legal responsibility to take them into account in the preparation of the next
Local Development Plan. Once we officially start the process for creating the new plan, we will formally invite communities to prepare Local Place Plans. These
are links to our webpage Local Place Plans and the circular Planning circular 1/2022: Local Place Plans. 
The next Local Development Plan for SLC 
The Council will be starting preparation of its next Local Development Plan (to be known as LDP3) in summer 2023. The way we will do this is different to
previous versions. The Scottish Government published Local Development Planning guidance in May 2023.   
Firstly, it will have to take into account the contents of National Planning Framework 4. Each of the 33 national planning policies include a statement on the
expected role of the Local Development Plan for each topic. The Council’s plan should not replicate the national policy however we are able to locally specific
policies. 
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There are also changes to how we will prepare the plan. A new first stage is the need to prepare an Evidence Report which will allow us to identify what to plan
for. It will set out the Council’s views on the matters listed in Annex 2.  The evidence will include information and data and qualitative as well as the ‘lived
experience’ of everyone active in the Council area. By doing this will capture the aims and ambitions of the Council and its partners, stakeholders and
communities. 
During this stage we will engage with people and organisations to ensure the data collected reflects their views. We have identified partners we know of who
can contribute evidence and have taken into account the responses we received to the consultation on the draft Participation Statement in summer 2023. on
others who can help.   
Please note that detailed policies and site proposals will not be included in the evidence report and appraisal of individual sites will take place later in the
process.   
Once complete the Evidence Report is submitted to Scottish Ministers for a Gate Check. This to allow an assessment by an independent Reporter of whether
the evidence we have produced is sufficient to let us start preparing the Local Development Plan. It will also check that that we have carried out appropriate
engagement and consultation. 
When we receive confirmation that the Gate Check is complete work can start on the Proposed Plan. Unlike previous versions it will focus on maps, site briefs,
and masterplans.  Sites specifically identified for new development will have to be shown to be free from constraints (we will actively engage with the key
agencies to inform this) and deliverable by the developer.  Undeveloped sites in LDP2 will be looked at again and may be removed if they are no longer
deliverable or viable or accord with the policy direction in NPF4. 
A Call for Ideas will be carried out early on in this stage of plan preparation so that propose ideas for any part of the plan can be submitted, including policy or
suggestions for development sites. 
Once the proposed plan has been prepared, we will carry out formal consultation of a minimum period of 12 weeks.  This will include neighbour notification
for anyone who owns, or leases sites or neighbouring land affected. During this period anyone can make representations to the Council either in support of the
plan or if they wish to object. 
After the consultation period we can modify the proposed plan to take account of representations made to the Council or consultation responses from key
agencies.   
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When we cannot agree modifications then the representation is considered unresolved. When this happens, the proposed plan is submitted to Scottish
Ministers for examination carried out by a reporter from the Department for Planning and Environmental Appeals. Once the Examination is complete the
Reporter will prepare a report setting out their recommendations and any modifications they require to be made. The report will be submitted to the Council
along with anyone who has made unresolved representations. The Council are to make the modifications except in limited circumstances. After this we will
carry out the process for the formal adoption of the Plan. 
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The Timetable 
Key Stages Timetable -
Quarter
Engagement 
Development Plan
Scheme and
Participation
Statement
(Reviewed and
published
annually)  
Q1 2023/24   
Q2 2023/24
We published a draft Participation Statement seeking the views of the public on
the how we intend to consult and engage on LDP3, how they think they can
support the plan preparation and what effective forms of engagement are
appropriate. The responses received have been reflected in the approved version
below.
Local
Development Plan
3 formal launch
Q2 2023/24 Before issuing the invite, we will contact community bodies to advise on the LPP
(Local Place Plan) opportunities and process. This will include the creation of an
online toolkit.
Evidence Report Q1 2023/24 to
Q2 2024/25 
Stakeholder consultation and engagement will be key to this stage. 
We will carry out early engagement to ensure the Evidence Report is informed by
the views and lived experience of those who live, work and have an interest in
South Lanarkshire.  We will use the evidence gathered to clearly inform what to
plan for before the Proposed Plan looks at where development should take place.   
Gate check Submission Q2
2024/25 
Discharged Q3
2024/25 
None by the Council. However, the Reporter appointed to carry out the Gate
check may ask any person for further information to aid their assessment of the
Evidence Report.
Proposed Local
Development Plan
including Delivery
Programme
Q4 2024/25  The call for ideas will be an invitation open to everyone to propose ideas for any
aspect of the new local development plan including local policy/guidance and
land allocations.   
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Q4 2025/26 to
Q1 2026/27  Statutory consultation of minimum 12 weeks to allow any representations from
stakeholders, including the general public, which seek to make changes to the
plan. This stage will include targeted engagement with key stakeholders and
communities most affected by the proposals. 
Modification of
the Proposed Local
Development Plan
Q2 2026/27  The Regulations state that there is no requirement to invite comment on the
Modification Report.
Examination Q3 2026/27 
Q2 2027/28 
None by the Council. However, the Reporter appointed to carry out the
Examination may ask any person for further information to aid their consideration
of the proposed plan. 
Notice of the report and its publication will be sent by the reporter to anybody
who made unresolved representations on the Proposed Plan
Adoption  Q3 2027/28 
Post-Adoption
Monitoring and
Delivery
Programme
Q3 2030/2031 
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Participation Statement 
To develop our next local development plan we are asking you to share with us your thoughts and ideas of how to create successful and enjoyable places
within South Lanarkshire. Our Participation Statement outlines the range of engagement we will be carrying out and who we will interact with.   We aim to
engage with as many people as possible to collect the information needed to reflect the strengths and opportunities that we can build upon. If it’s done right,
the local development plan 3 will embody everything we’ve learned from you and will provide the means in which to meet your needs.   
We would like to hear from you, and in your own words about the things that matter to you, and for which we recognise you may have many different roles
and interests. We believe that everyone has the right and the ready skillset to get involved, and by doing so you will be making a valuable contribution to the
improvement and wellbeing of your area.  This is your plan, and it needs to embody your views and the diverse needs of communities within South
Lanarkshire. 
Since we understand that no one size does not fit all, we will prepare individual programmes to reflect differing needs and ways of connecting with people.
Targeted strategies to reach underrepresented groups are included in this. 
The Participation Statement is a ‘living’ document that will regularly be updated to reflect good practice and changing circumstances.  We will listen to
feedback from your experience of engagement with us and we will take steps to make improvements going forward.   
We hope our Participation Statement helps you to feel empowered, welcomed, and that your input and lived experience of South Lanarkshire is hugely
valuable to us. 
What general principles will we follow? 
• The approach to engagement on LDP3 will be shaped by the principles highlighted in the National Standards for Community Engagement.
• We will ensure that people with protected characteristics (including race, age, gender, sex, sexual orientation and disability) are not discriminated
against, and are actively included in the engagement process. 
• The contents of the draft Effective community engagement in local development planning guidance: consultation published on 24 May 2023 will be used
to shape our engagement activities with local communities. 
• We will also incorporate the Planning and Building Standards Consultation Communication and Engagement Strategy 2021 into our engagement
methods. 
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Our inclusive approach 
• We will encourage participation from as wide a range of stakeholders as possible throughout the LDP process. We want to make it as easy as possible
for everyone with an interest to engage in its preparation. 
• Information will be provided in accessible formats to meet the needs of our varied stakeholders.  We will exchange and gather information using
graphics and audio to remove the barrier for those with vision impairment or literacy and numeracy challenges. We understand that using technology
won’t always be the best method for everyone, and in these cases we will use alternative methods.  In addition to English, we will provide the
document in additional language formats.
• Engagement with children and young people, older people, disabled people and Gypsy/Travellers is a statutory requirement. We will work with the
Council’s Education Service as well as organisations such as the Youth Panel, Seniors Together, the Access Panel, Lanarkshire Ethnic Minorities Action
Group and Minority Ethnic Carers of People Project to develop appropriate methods to engage. 
• We will develop a programme with Voluntary Action South Lanarkshire to facilitate engagement with the many local voluntary groups across the
Council’s area. 
How will we publicise engagement opportunities and provide feedback?
We propose to use:
• The creation of an online information hub 
• Email and letter mailings
• Adverts in local newspapers and South Lanarkshire View
• Documents held at local libraries 
• South Lanarkshire Council website
• The generation of a regular newsletter
• Social media
• Collaboration with Community Planning colleagues
• Posters and flyers
• For underrepresented groups we will use representative organisations to reach a wider audience               
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An emphasis on good communication 
• We will identify the method of engagement by asking those we want to hear from.  For large groups we may focus on the method that is most preferred. 
• An interactive online hub will be created to enable updates on the plan making process to be provided as well as to invite comments and suggestions. 
• We will use the relationships that already exist within communities, in particular where there has already been extensive SLC engagement to produce
Neighbourhood Plans.  
• We won’t over consult, and we may focus on topics or issues that people are most interested in. 
• Where it would be advantageous to the stakeholder, we will facilitate other services to provide questionnaires and the Place Standard Tool on our
behalf.  
• We will participate in other consultations being carried out by the Council and its partners. 
• We will request invites to attend events within communities and work closely with colleagues in Community Planning who have already established
strong links to communities. 
• We will ensure that the format of communication is led by accessibility and ease of use. 
• We want to involve communities who may be excluded from participating due to disadvantage relating to social or economic factors.   
Ways in which we will gather information and comments include: 
• A newsletter to share updates on the process and the outcomes from engagement. 
• Using the Place Standard Tool, including a simplified version for children and young people
• Holding Exhibitions and workshops
• Use of the Council’s Citizens Panel and Peoples Panel
• Online surveys and keypad voting and standpoint terminals
• Work closely with our Community Planning Partnership partners to engage with people living in communities experiencing socio-economic difficulties
to gain a better understanding of their place.  
• We will promote and facilitate the participation of children and young people under the age of 25 to seek views on their lived experience.  Proposed
methods of engagement will include the Place Standard Toolkits to support conversations between educators/teachers and children, and capture views
about play needs and opportunities in their area, including likes and dislikes about their places. We will engage through South Lanarkshire Youth Council,
Youth Parliament Representatives, student representatives in higher education and the Council's Education Services.
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• We will seek the views of and engage with Gypsies and Travellers to help gain a perspective on their distinct planning needs. Positive engagement with
Gypsies and Travelling People will be facilitated through dialogue with representative organisations and the Council’s Gypsy/Traveller Liaison Officer. 
Attention will also be given to non-written and face-to-face on-site engagement.  
• We will work with groups and organisations representing disabled people and older people to establish the most suitable methods of engagement
and multimedia formats to share and collect information.                 
Who can participate? 
Participation in the preparation of Local Development Plan 3 is open to everyone and inclusion will be encouraged, including (this is not an exhaustive list):
• South Lanarkshire residents and those with an interest in the area 
• Landowners, developers and housing providers
• Business, industry, and tourism groups  
• Elected members 
• Underrepresented and minority groups
• Religious bodies and organisations  
• Voluntary organisations 
• Neighbouring authorities 
• Rural communities 
Other key groups:
• Children and young people
• Disabled people
• Gypsies and Travellers, and Showpeople
• Community Councils
• Older people
• Communities experiencing socio-economic disadvantage  
• Community bodies who have expressed an interest in, or have completed, a Local Place Plan.  
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Key Agencies:  
The key agencies are set out in the Town and Country Planning (Development Planning) (Scotland) Regulations 2023 as follows:
• NatureScot
• Scottish Environment Protection Agency (SEPA)
• Scottish Water
• Scottish Enterprise 
• Strathclyde Partnership for Transport (SPT)
• NHS Lanarkshire 
• Historic Environment Scotland (HES)
National and Regional agencies:
• Transport Scotland
• Scottish Forestry
• Sport Scotland 
• Architecture and Design Scotland
• Central Scotland Green Network Partnership          
A sample of topic interest groups:
• Natural Environment and Climate
• Historic Environment
• Art, Leisure and Culture 
• Active travel and transport
• Town centre and business groups
• Food growing and local living  
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Mediation 
The use of mediation to help build bridges between stakeholders and explore, reduce or resolve issues of dispute in development planning is highlighted in the
Scottish Government - Circular 2/2021: Guidance on the promotion and use of mediation in the Scottish Planning System LINK  Mediation has the potential
benefits of opening up communication, improving relationships and encouraging a way to move forward from disputes, however this does not guarantee
dispute resolution or an agreement between parties. 
It is a voluntary process and be facilitated either by an impartial third party or through ‘informal mediation’ where planners and other relevant stakeholders
take a mediation-style / faciliatory approach in their work.  We will have regard to any requests for the use of mediation through the consultation process of
the Participation Statement. Where the Council has been requested to enter into mediation during the local development plan process, each case will be
considered on its individual merits.   
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Annex 1 
Sustainable places
NPF4 Policies Key Scottish Government
links
Council Plans/Strategies
1. Tackling the climate and
nature crises 
2. Climate mitigation and
adaptation 
3. Biodiversity 
4. Natural places 
5. Soils 
6. Forestry, woodland and
trees 
7. Historic assets and
places 
8. Green belts 
9. Brownfield land, vacant
and derelict land and
empty buildings 
10. Coastal development 
11. Energy 
12. Zero waste 
13. Sustainable transport 
• Land Use – getting the
best from our land:
strategy 2021 – 2026 
• Making things last: a
circular economy strategy
for Scotland
• Scotland’s Energy Strategy 
• Scotland’s Environment
Strategy 
• Scotland’s Forestry
Strategy 
• Scottish Biodiversity
Strategy
• Council Plan – Connect
• Community Plan
• Various neighbourhood plans
• Sustainable Development
and Climate Change Strategy
• Carbon Management Plan
• Local Heat and Energy
Efficiency Strategy (under
preparation)
• Biodiversity Strategy
• Glasgow and Clyde Valley
Forestry and Woodland
Strategy
• Local Transport Strategy
(under review)
• Park and Ride Strategy
• Various active travel studies  
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Liveable Places
NPF4 Policies Key Scottish Government links Council Plans/Strategies
14.  Design, quality and place 
15.  Local living and 20-
minute    neighbourhoods 
16.  Quality homes 
17.  Rural homes 
18.Infrastructure first 
19.Heat and cooling 
20.Blue and green
infrastructure
21.Play, recreation and sport 
22.Flood risk an  water 
management 
23.Health and Safety 
24.Digital infrastructure
• A Connected Scotland 
• A Healthier Future:
Scotland’s diet and healthy
weight delivery plan 
• Cleaner Air for Scotland 2 
• Creating Places 
• Culture Strategy 
• Heat in Buildings Strategy
Housing to 2040
• Learning Estate
Strategy/Learning Estate
Investment Programme 
• Public Health Priorities for
Scotland
• Remote, Rural and Islands
Housing Action 
• Scotland’s Population
Strategy  
• Local Housing Strategy
• Food Strategy
• Air Quality Strategy (under
preparation)
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Productive Places
NPF4 Policies Key Scottish Government links Council Plans/Strategies
25. Community wealth
building 
26. Business and industry 
27. City, town, local and
commercial centres 
28. Retail 
29. Rural development 
30. Tourism 
31. Culture and creativity 
32. Aquaculture 
33. Minerals  
• National Strategy for
Economic Transformation 
• Retail Strategy for Scotland
• Report of the City Centre
Recovery Taskforce
• Scottish land rights and
responsibilities statement 
• Town Centre Action Plan 2
• Economic Strategy
• Community Wealth
Building Strategy
• Social Enterprise Strategy
• Tourism Strategy
• Various town centre
strategies 
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Annex 2 
Matters to be addressed in the LDP3 Evidence Report
• The principal physical, cultural, economic, social, built heritage and environmental characteristics of the district; 
• The principal purposes for which the land is used; 
• The size, composition, health and distribution of the population of the district; 
• The housing needs of the population of the area, including, in particular, the needs of persons undertaking further and higher education, older people,
disabled people;
• The availability of land in the district for housing, including for older people and disabled people; 
• The desirability of allocating land for the purposes of resettlement; 
• The health needs of the population of the district and the likely effects of development and use of land on those health needs; 
• The education needs of the population of the district and the likely effects of development and use of land on those education needs; 
• The extent to which there are rural areas within the district in relation to which there has been a substantial decline in population; 
• The capacity of education services in the district; 
• The desirability of maintaining an appropriate number and range of cultural venues and facilities (including in particular, but not limited to, live music
venues) in the district; 
• The infrastructure of the district (including communications, transport and drainage systems, systems for the supply of water and energy, and health
care and education facilities); [the reference to energy includes land available for the development and use of facilities for renewable sources of energy.
• How that infrastructure is used; and 
• Any change which the planning authority thinks may occur in relation to any of the matters mentioned above 
The Evidence Report must also set out the following: 
• A summary of the action taken by the planning authority to support and promote the construction and adaptation of housing to meet the housing needs
of older people and disabled people in the authority's area, and analysis of the extent to which the action has helped to meet those needs.
• A summary of the action taken by the planning authority to meet the accommodation needs of Gypsy/Travellers in the authority’s area, and an analysis
of the extent to which that action has helped to meet those needs. 
• How the authority has invited local communities to prepare LPPs, and what assistance they have provided.  
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Annex 3
Additional Assessments 
Other impact assessments are required to be carried out alongside the plan preparation process. The assessments include; 
Strategic
Environmental
Assessment 
This is a statutory requirement to ensure the environment is a primary consideration when preparing the plan and that the
environmental and sustainability implications of the emerging plan and its proposals are assessed. It allows a better
understanding of the environmental context and sets out the steps to avoid, mitigate or reduce significant adverse impacts,
or indeed enhance any positive ones. SEA will be based on the Council’s State of the Environment report. A link to 2021
version is here,  South Lanarkshire State of the Environment Report 2021, however it is expected that the updated 2023
version will be available during the Evidence Report stage. Scoping of the Evidence Report will be done in tandem with the
scoping report for the SEA.
Habitats
Regulations
Assessment
This is a statutory requirement to consider the potential impacts of the proposed plan on internationally important wildlife
sites.  The HRA will be done as we consider the ideas presented to us during the preparation of the proposed plan as well
as any sites carried forward from LDP2. Any policy content in LDP3 will also be subject to HRA assessment.
Equalities
Impact
Assessment 
This ensures that a wide range of people are involved in shaping their places during the plan making process. The
Participation Statement is a key document in this regard. In addition, the UN Convention on the Rights of the Child means
young people are actively encouraged to play a part. We will ensure children and young people are fully and appropriately
engaged as described in the Participation Statement.
Public Sector
Equality Duty 
This is intended to ensure the Council seeks to eliminate discrimination, advance equality of opportunity and foster good
relations between persons who share a protected characteristic.
Fairer Scotland
Duty
Assessment 
This places a legal responsibility on the Council to consider how they can reduce inequalities of outcome caused by socio-
economic disadvantage when making strategic decisions so that we make better policy decisions and deliver fairer
outcomes. Key issues include low income, low wealth and area deprivation. It will be important to engage with relevant
communities to understand the issues faced.
Health Impact
Assessment 
Health impact assessment (HIA) considers the potential, and sometimes unintended, effects a policy, strategy or service
plan may have on the health of a population. It is particularly useful for considering effects on vulnerable or disadvantaged
groups. HIA considers the socioeconomic determinants of health and how they influence health outcomes. Evidence from
research, data and the experience of stakeholders is used to inform the assessment. 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/21/2155
Proposal:  Change of use of agricultural farmland to form an agricultural vehicle,
plant and machinery sale yard including the erection of two
agricultural sheds and associated works (Retrospective)
Site Address:  Stoneside of Dripps Farm, Cartside Highway, Thorntonhall, G74 5AP 
Applicant:  Carnbroe Estates Ltd 
Agent:  North Planning and Development Ltd
Ward:  09 East Kilbride West
Application Type:  Full Planning Permission
Advert Type:  Non-Notification of Neighbours and Development Contrary to the
Development Plan: East Kilbride News 31 May 2023
Development Plan
Compliance: 
No 
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
4
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1. Reason for Report
1.1 This application is presented to the Committee within the context of Clause 5.2 of the
Decision-Making Process 2015: as an application generating significant levels of
concern, or policy issues, where the Head of Planning and Building Standards
Services, in consultation with the Chair of the Planning Committee, so determines. 
2. Site Description
2.1 The application site is an area of agricultural land located immediately to the north of
the existing farmhouse and main agricultural buildings forming Stoneside of Dripps
Farm.  The application site is located approximately 1.8km south-west of Thorntonhall. 
It is relatively level, and it is comprised mainly of a section of an existing agricultural
field together with a smaller section of the existing yard associated with the farm.  The
site is located within the Green Belt as designated in the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2). 
3. Description of Proposed Development
3.1 The applicant seeks retrospective detailed planning consent for the change of use of
agricultural land to form vehicle, plant, and machinery sales yard.  This includes the
erection of two new agricultural sheds and associated works, including the formation
of the hardstanding which would form the sales yard, the erection of boundary fencing
and the erection of vehicular access gates. 
3.2 The larger of the two structures proposed (Shed A) has a square footprint with each
side approximately 18.4 metres in length, and has a pitched roof, approximately 8.2m
in height to the ridge.  This building is located in the north-west corner of the proposed
sales yard and is finished with metal sheeting on the walls and roof along with two
roller shutter doors to the front of the building. 
3.3 The smaller structure (Shed B) is located on the south-eastern edge of the site and
has a footprint of approximately 9.2m by 18.5m with a pitched roof approximately 5.6m
in height to the ridge.  This is principally finished in timber cladding with a sheet metal
roof.   
3.4 The applicant has advised that the larger of the two new structures (Shed A) is used
primarily for vehicle and machinery maintenance and for the display and sale of
vehicles, plant, and machinery, whilst the smaller (Shed B) is intended for general
agricultural and livestock use associated with the adjacent farm. 
3.5 The works have already been carried out on site as the applicant has advised that they
were unaware of the requirement to apply for planning permission for this proposal. 
As such, this application has been submitted retrospectively. 
4. Relevant Planning History
4.1 Stoneside of Dripps Farm has seen a considerable amount of recent development
including the erection of several new and replacement agricultural sheds.  Often such
structures can be built under agricultural Permitted Development Rights, however, the
applicant would first need to seek prior approval from the Planning Service.  This was
not undertaken and therefore a planning application is now required to regularise the
matter.  An application for the erection of 7 new agricultural sheds has recently been
submitted for consideration (P/23/0789).   
4.2 Consent was also approved in January 2023 for the part-change of use and
conversion of one of the existing agricultural buildings at the farm to form a new
dwellinghouse (P/21/2133).   
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5. Supporting Information 
5.1 Covering Letter from North Planning and Development (16 December 2021) –
Provides a written description of the proposal and seeks to justify the proposal against
the South Lanarkshire Local Development Plan 2. 
5.2 NPF4 Statement -  seeks to justify the proposal against the National Planning
Framework 4. 
6. Consultations
6.1 Roads and Transportation Services (Development Management) – have raised no
objections to the proposal, advising that the proposed development would not have a
detrimental impact on the existing public road network, that the existing junction onto
the public road is adequate for this proposal, and that there is also adequate parking.   
Response:  Noted. 
6.2 Environmental Services – have raised no objections to the proposal subject to
conditions relating to noise and commercial waste storage and collection.  This service
has also requested the inclusion of relevant advisory notes on the decision notice.  
Response:  Noted.  Should planning consent be granted, these conditions and
advisory notes could be attached. 
7. Representations
7.1 Following the statutory period of neighbour notification and advertisement, no valid
representations have been received. 
8. Development Plan
8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2 National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments, and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places, and productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the Climate and Nature Crises 
 Policy 2 - Climate Mitigation and Adaptation
 Policy 8 - Green Belts
 Policy 26 - Business and Industry
 Policy 29 – Rural Development 
8.3 South Lanarkshire Local Development Plan 2 (2021) 
The application site and associated proposals are affected by the following policies
contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 8 - Employment  
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SLLDP2 Volume 2 Policies
 Policy GBRA1 - Rural Design and Development
 Policy GBRA2 - Business Proposals within Green Belt and Rural Area
 Policy DM1 - New Development Design 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 None 
9. Guidance
9.1 None applicable. 
10. Assessment and Discussion
10.1 Full planning permission is sought in retrospect for the change of use of agricultural
land to form an agricultural vehicle, plant, and machinery sales yard at Stoneside of
Dripps Farm, Thorntonhall.  The main issues to be addressed in the determination of
this application includes the acceptability in principle of the proposed development, its
layout, siting and design, and an assessment of technical matters.  The policies
contained within National Planning Framework 4 and the South Lanarkshire Local
Development Plan 2 are the main consideration in this case, together with an
assessment of any other material planning considerations. 
10.2 Principle of Development 
As the site is located within the designated Green Belt, NPF4 Policy 8 - Green Belts
applies.  This policy sets out the types of development that would be supported in the
Green Belt which includes:- 
⧫ development associated with agriculture, woodlands, and forestry; 
⧫ accommodation for an essential worker; 
⧫ horticulture; 
⧫ outdoor recreation, play and sport, leisure and tourism uses; 
⧫ flood risk management proposals; 
⧫ essential infrastructure or new cemetery provision; 
⧫ mineral operations and renewable energy; 
⧫ intensification of established uses, including extensions to an existing building
where that is ancillary to the main use;
⧫ the reuse, rehabilitation and conversion of historic environment assets; or 
⧫ one-for-one replacements of existing permanent homes.   
Developments in these categories are also required to demonstrate a specific
locational need, that would not undermine the purpose of the Green Belt and would
require to be compatible with the surrounding established countryside and landscape
character.  Developments need to be designed to ensure it is of an appropriate scale
and appearance that minimises visual impact and there will be no significant long-term
impacts on the environmental quality of the Green Belt. 
10.3 NPF4 Policy 26 – Business and Industry states that proposals for storage and
distribution uses outwith areas identified for this type of use will only be supported
where it is shown there are no suitable alternatives allocated in the LDP and that the
nature and scale of the activity is compatible with the surrounding area.  NPF4 Policy
29 - Rural Development states that development proposals that contribute to the
viability, sustainability and diversity of rural communities and local rural economy will
be supported.  Proposals should be suitably scaled, sited and designed to be in
keeping with the character of the area. 
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10.4 In addition to the above, SLLDP2 Policy 4 - Green Belt and Rural Area would be
relevant to this proposal.  This states that the purpose of the Green Belt is to; direct
development to the most appropriate locations and support regeneration, protect and
enhance the character, landscape setting and identity of the settlement, and protect
and provide access to open space.  Development which does not require to locate in
the countryside will be expected to be accommodated within the settlements identified
on the proposals map.  Isolated and sporadic development will not be supported. 
10.5 The proposed operation of a large-scale vehicle, plant and machinery sales yard is not
an appropriate use for a Green Belt location, and it fails to comply with any of the
criteria outlined above.  The applicant has provided no justification as to why a Green
Belt location is required for this form of commercial development and it is noted that
there are suitable sites for this use designated within the LDP in urban areas within
relatively close proximity of the site, including within East Kilbride.  Furthermore, the
proposed development is not of a scale that could be considered as ancillary to the
existing farming business or an intensification of an established use and is not
agricultural in nature given the commercial and plant vehicles on sale. 
10.6 The proposal would also have a significant adverse impact upon the visual amenity of
the area as such a large area of hardstanding encircled by fencing is not in-keeping
with the character of the Green Belt, and the development is more suited to urban
industrial areas.  The open storage of large numbers of commercial vehicles would
also be visually prominent and there is insufficient screening to limit the impact upon
the wider area.  The proposal would not be compatible with the countryside nature of
the location.  As such, the proposal would not comply with Policies 8, 26 and 29 of
NPF4 and SLLDP2 Policy 4 and is unacceptable in principle. 
10.7 Policy 8 – Employment of the SLLDP2 identifies a number of employment land use
areas.  Outwith these areas, sites are assessed on their own merits.  In terms of the
SLLDP2 Policy GBRA2 - Business Proposals within Green Belt and Rural Area, it sets
out a range of business uses which are considered appropriate for location in the
Green Belt and Rural Area.  These include: justified extensions to existing rural
business, some farm diversification proposals, and businesses which can operate
entirely from existing rural residential properties, former farm steadings or existing
buildings (including agriculture engineering and contracting businesses,
rural/agricultural repair services and the limited storage of buses or caravan storage). 
10.8 Limited new build for farm diversification proposals will only be considered
exceptionally and generally within the rural area, beyond the Green Belt, only.  In
addition, in exceptional circumstances, proposals for larger scale business
development that generates wider economic benefits and demonstrates a specific
locational need and satisfactory mitigation of any adverse impacts may be supported.   
10.9 The proposed development cannot be considered as an intensification of an existing
rural business or as a farm diversification proposal due to its overall scale and nature
and, given the extent of new building work and the area of hardstanding within the
Green Belt.  Whilst there are a number of types of businesses which could be justified
in the Green Belt under LDP Policy GBRA2, including rural/agricultural repair services
and limited bus or caravan storage, these should be operated from existing buildings. 
This proposal includes a large area of new build to support the proposed operation of
the business, thus not compliant with the criteria within SLLDP2 policies 8 and GBRA2. 
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10.10 Finally, in terms of the principle of the development, the applicant has not provided
any justification in terms of the business having any wider economic or employment
benefits or any specific locational need to be located within the Green Belt which would
serve as a material consideration in the assessment of this proposal.  As such, the
proposal does not comply with SLLDP2 Policies 8 and GBRA2. 
10.11 Climate Change
The isolated location would not support policy aims of tackling the climate crisis as the
site is not readily accessible through public transport, and is not situated in a
sustainable location, thus failing to comply with NPF4 Policy 1 - Tackling the Climate
and Nature Crises and NPF4 Policy 2 - Climate Mitigation and Adaptation which
together aim to ensure that proposals for new development must, where possible,
seek to minimise and mitigate against the effects of climate change.  In addition,
SLLDP2 Policy 2 - Climate Change states that proposals for new development must,
where possible, seek to minimise and mitigate against the effects of climate change. 
The application site within the Green Belt is not considered to be sustainable and fails
to comply with these policies as it would generate new trips by private vehicles and,
therefore, would not address the reduction of greenhouse gases/emissions or help
towards addressing the climate emergency. 
10.12 Layout, siting, and design 
In terms of layout, siting and design, SLLDP2 Policy 5 Development Management and
Placemaking and Policy DM1 - New Development Design require development
proposals to take account of and be integrated within the local context and built form. 
New development should also have no significant adverse impacts on the local
community.  The proposed development must provide suitable access, parking, and
connection to public transport, as well as encouraging active travel, having no adverse
implications for public safety and incorporating inclusive access.  In addition, SLLDP2
Policy GBRA1 - Rural Design and Development sets out the criteria which all proposed
developments in the Green Belt and Rural Area will require to adhere to.  This includes
respecting the existing built form, landform, local landscape character and setting, and
having no unacceptable significant adverse environmental impact on the amenity of
the surrounding area.  Proposals should also incorporate suitable boundary treatment
and landscaping proposals to minimise the visual impact of the development on the
surrounding landscape.   
10.13 The proposal would introduce an urban-style commercial vehicle sales yard into a
Green Belt location, and its scale and nature would not respect the existing setting.  In
addition, it does not incorporate appropriate boundary treatments or sufficient
landscaping proposals to minimise the visual impact of the development, the parking
and large numbers of commercial vehicles at the site, upon the wider landscape. 
While the proposed sheds in isolation would be of a relatively common agricultural
style design; the overall scale and nature of the development as a whole would have
an unacceptable environmental impact upon the amenity of the surrounding area.  In
addition, the site’s Green Belt location would not encourage active travel or have a
connection to public transport.  As such, the proposal would not comply with SLLDP2
Policies 5, DM1 or GBRA1.   
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11 Recommendation and Conditions
11.1 The Committee is asked to agree the following recommendation:- 
Refuse Full Planning Permission for the reasons outlined below:- 
01. The proposed development and operation of a commercial and plant vehicle
sales business is not an appropriate Green Belt use, and no justification has
been provided as to why a Green Belt location is required for this form of
development.  The proposal, by its scale and nature, would have an adverse
impact upon the visual amenity and character of the area contrary to Policy 8
of the National Planning Framework 4 (2023).
02. The proposed development is not for agricultural, forestry, recreation or other
uses appropriate to the countryside and it is a form of development which would
not require to be located within the Green Belt contrary to Policy 4 of the South
Lanarkshire Local Development Plan 2 (2021).
03. The proposed development is not ancillary or intensification or an extension of
an established business and would not be appropriate in the Green Belt.  No
wider economic or employment benefits or any specific locational need to be
sited within the Green Belt has been provided.  As such, the proposal is not
considered to have been appropriately justified and the proposal is contrary to
Policy GBRA2 of the South Lanarkshire Local Development Plan 2 (2021).
04. The proposal would have an unacceptable significant adverse impact upon the
local area in terms of its visual impact due to its overall scale, the nature of the
development and lack of screening.  The location of the site would also not
encourage active travel or have a connection to public transport contrary to
Policy 5 of the South Lanarkshire Local Development Plan 2 (2021).
05. The proposal would not respect the local context or be appropriate to the
character of the site in terms of its overall scale, visual appearance and lack of
suitable landscaping and screening contrary to Policy DM1 of the South
Lanarkshire Local Development Plan 2 (2021).
06. The proposal would have an unacceptable adverse environmental impact on
the amenity of the surrounding area due to the overall scale and nature of the
development, and it would not be sited in a manner that respects the existing
setting, contrary to Policy GBRA1 of the South Lanarkshire Local Development
Plan 2 (2021).
07. The Green Belt location of the proposed development site is unsustainable as
it fails to help towards addressing the climate crisis contrary to Policy 1 of the
National Planning Framework 4 (2023).
08. The Green Belt location of the proposed development site is unsustainable as
it generates increased private car trips and fails to reduce greenhouse gases
and emissions contrary to Policy 2 of the National Planning Framework 2
(2023).
09. The proposed development would be unsustainable in the Green Belt, failing to
address climate concerns contrary to Policy 2 of the South Lanarkshire Local
Development Plan 2 (2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
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Background Papers
Further information relating to the application can be found online: 
P/21/2155 | Change of use of agricultural farm land to form an agricultural vehicle, plant and
machinery sale yard including the erection of two agricultural sheds and associated works
(Retrospective) | Stoneside Of Dripps Farm Cartside Highway Thorntonhall G74 5AP
(southlanarkshire.gov.uk) 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0078
Proposal:  Erection of dwelling with associated works
Site Address:  Land adjacent to Holmpark, Stoneymeadow Road, East Kilbride, G74
3XY
Applicant:  Mr Euan Pringle
Agent:  Claudio Marini
Ward:  10 East Kilbride East
Application Type:  Full Planning Permission
Advert Type:  Development contrary to development plan and Non-notification of
neighbours: East Kilbride News 9 February 2022
Development Plan
Compliance: 
No 
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
5
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1. Reason for Report
1.1. The application is required to be determined by the Planning Committee under Clause
2.4 of the Decision-Making Process 2015 as Councillor Scott, as an Elected Member
of the Planning Committee, has requested that the application is referred to Committee
for consideration and this has been agreed by the Head of Planning and the Chair of
the Planning Committee. 
2. Site Description
2.1. This application relates to land adjacent to an existing dwelling at Holmpark,
Stoneymeadow Road, East Kilbride.  The site extends to approximately 0.17 hectares
and is identified as Green Belt within the adopted South Lanarkshire Local
Development Plan 2 (SLLDP2) (2021).  The site is bound to the north by
Stoneymeadow Road, to the north-east and north-west by urban farmland, to the east
by the Lee’s Burn, to the south by an established tree belt and dismantled railway, and
to the west by existing residential properties.  It is noted that the applicant also owns
the area of land to the east of the site. 
2.2 The site sits lower than the adjacent dwelling in a valley surrounded by mature
woodland.  The frontage of the site onto Stoneymeadow Road, includes shrubs and
bushes along this boundary.  The main area of the site is maintained grassland with a
mature tree belt towards the rear of the site.  There is an existing outbuilding with a
footprint of approximately 48 square metres towards the north-east of the site.  The
applicant advises this had originally been used for housing chickens with the
surrounding land used for growing and selling fruit and vegetables.  More recently, the
building has been used for storage, but is no longer required.   
3. Description of Proposed Development
3.1. The proposal is for the removal of the existing outbuilding and the erection of a
detached dwelling positioned toward the north-east of the site with a new vehicular
access into the site running parallel to Stoneymeadow Road.   
3.2 As noted above, the frontage of the site would be towards Stoneymeadow Road with
the access road and parking in front of the dwelling.  The proposed dwelling would
have a footprint of approximately 250 square metres providing various accommodation
across three levels.  It is noted that due to the levels being different between the site
and Stoneymeadow Road, the dwelling would be 1.5 storeys to the front, but would
include an extra level when viewed from the rear.  This would provide a kitchen/dining
room, playroom, living room, bedroom and garage at ground floor, 4no. bedrooms with
associated bathrooms and ensuites on the first floor, and a cinema, games room and
office at the lower ground level.  The proposed dwelling would be finished in a mixture
of natural slate, facing stone, wet dash render and with a feature stone front façade.   
4. Relevant Planning History
4.1. Permission in Principle was granted for erection of dwelling in 2016 under application
number EK/16/0014.  This application expired without an approval of matters specified
in conditions application being submitted.   
5. Supporting Information 
5.1 The following information was submitted by the agent in support of the application: 
Design Statement 2022 – this outlines the site context, planning history, proposed
siting and design of the development, and references relevant policies of SLLDP2. 
Updated Design Statement 2023 – updated version of the above but also refers to
National Planning Framework 4 (NPF4) and seeks to justify the proposal.  
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Flood Risk Assessment with self-certification and independent check – this
outlines the flood risk at the site and proposed sustainable drainage.   
Environmental Desktop Appraisal – this outlines the ground conditions at the site. 
6. Consultations
6.1. Environmental Services - No objections to the proposal subject to the attachment of
a condition and advisory notes in relation to noise and contamination.   
Response: Noted. 
6.2 Roads Development Management - No objections to the proposal subject to the
attachment of conditions in relation to parking, surfacing, visibility splays and the
provision of a Constructions Traffic Management Plan (CTMP). 
Response: Noted. 
6.3 Roads Flood Risk Management - Following submission of a flood risk assessment,
self-certification and independent check, no objections have been offered subject to
the attachment of conditions requiring clarification on the proposed method of
drainage.   
Response: Noted. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, one
representation has been received and the issues raised are summarised as follows:- 
 Scale, design and materials of proposed development
 Flooding
 Impact on habitats 
The above issues will be considered in the assessment below and a full copy is
available to view on the planning portal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2 National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places, and productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 – Biodiversity
 Policy 4 - Natural places
 Policy 6 - Forestry, woodland and trees
 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 
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8.3. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council will, therefore,
assess proposals against the policies contained within the adopted SLLDP2.   
8.4. In this regard the application site and associated proposals are affected by the
following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 16 – Water Environment and Flooding 
SLLDP2 Volume 2 Policies
 Policy DM1 - New Development Design
 Policy GBRA1 - Rural Design and Development
 Policy NHE13 - Forestry and Woodland
 Policy SDCC2 – Flood Risk 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 None 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1 Introduction 
Detailed planning permission is sought for the erection of a dwellinghouse on land
adjacent to Holmpark at Stoneymeadow Road, East Kilbride.  The main issues to be
addressed in the determination of this application include the acceptability in principle
of the proposed development, its layout, siting and design, and an assessment of
technical matters.  The policies contained within National Planning Framework 4 and
the South Lanarkshire Local Development Plan 2 are the main consideration in this
case, together with an assessment of any other material planning considerations. 
10.2 Principle of Development 
The site is located within the defined Green Belt.  NPF4 Policy 8 Green Belts sets out
the types of development that would be supported in the Green Belt.  Developments
in these categories also require to demonstrate a specific locational need, that it would
not undermine the purpose of the Green Belt, it is compatible with the surrounding
established countryside and landscape character, has been designed to ensure it is
of an appropriate scale that minimises visual impact, and there will be no significant
long-term impacts on the environmental quality of the Green Belt. 
10.3 The proposal is for the erection of a new build residential dwellinghouse which is not
required for any of the purposes set out in Policy 8 and, therefore, there is no specific
locational need for the dwellinghouse to be located in the Green Belt.  The proposal
is therefore considered to be contrary to NPF4 Policy 8. 
10.4 In terms of the adopted South Lanarkshire Local Development Plan 2 (SLLDP2), the
site is located within the Green Belt and therefore the application requires to be
assessed under Policy 4 Green Belt and Rural Area.  This states that support will not
be given for development proposals within the countryside, unless they relate to uses
which must have a countryside location. 
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10.5 As set out above, the proposal is for the erection of a new build dwelling which is not
required for any of the purposes set out in Policy 4 and therefore there is no specific
locational need for the dwellinghouse to be located in the Green Belt.  In respect of
Policy GBRA1 - Rural Design and Development, it sets out a number of criteria which
developments in the Green Belt require to comply with.  As set out above, there is no
specific locational need for the dwellinghouse to be located in the Green Belt.  The
proposal is therefore considered to be contrary to Policies 4 and GBRA1 of SLLDP2. 
10.6 Policy 9 Brownfield, vacant and derelict land and empty buildings of NPF4 seeks to
promote and facilitate the reuse of brownfield, vacant and derelict land and empty
buildings, and to help reduce the need for greenfield development.  The policy further
advises that proposals on greenfield sites will not be supported unless the site has
been allocated for development.  The applicant’s supporting statement advises that
the site should be considered as brownfield given the existing outbuilding.  However,
this site is not considered to be brownfield therefore this policy is not applicable in this
instance.   
10.7 Climate Change 
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 site is located outwith the settlement boundary and, therefore, is not considered
sustainable development as it will increase emissions by encouraging vehicular travel. 
It is remote from services and facilities and would require the occupants to travel by
private vehicle for activities including work, retail and leisure.  It is, therefore,
considered that the principle of the development is contrary to NFP4 Policy 1 Tackling
the Climate and Nature Crises and NPF4 Policy 2 Climate Mitigation and Adaptation. 
As such, the proposal further conflicts with SLLDP2 Policy 2 - Climate Change which
states that proposals for new development must, where possible, seek to minimise
and mitigate against the effects of climate change. 
10.8 Layout, Siting, and Design 
Policy 14 Design, Quality and Place of NPF4 aims to encourage, promote and facilitate
well designed development that makes successful places by taking a design-led
approach and applying the Place Principle.  It sets out six qualities of successful
places, including whether the development is connected and sustainable.  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 any main settlements, the proposal is also not considered to be
connected.  It is remote from services and facilities and would require the occupants
to travel by private vehicle either to East Kilbride or Blantyre for activities including
work, retail and leisure.  It is, therefore, considered that the principle of the
development is contrary to NFP4 Policy 14.  As such, this proposal is contrary to Policy
14 of NPF4. 
10.9 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, the proposed
dwelling would be located adjacent to some existing residential properties, however,
access to amenities would rely on travelling outwith this area and given the lack of
footpath connections along Stoneymeadow Road, this would likely result in driving to
amenities which conflicts with the intention of this policy as it is not connected or
sustainable.  As such, the proposal would also be contrary to Policy 15 of NPF4.
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10.10 Policy 16 Quality Homes of NPF4 aims to encourage, promote and facilitate the
delivery of more high quality, affordable and sustainable homes, in the right locations,
providing choice across tenures that meet the diverse housing needs of people and
communities.  It states that development proposals for new homes on land allocated
for housing in Local Development Plans (LDPs) will be supported.  The site is not
identified as a housing site in the LDP.  It is therefore considered that the proposed
development is contrary to NPF4 Policy 16. 
10.11 Policy 5 – Development Management and Placemaking of SLLDP2 advises that to
ensure development takes account of the principles of sustainable development, all
proposals require to be well designed and integrated with the local area.  Proposals
should have no significant adverse impacts on the local community and the
environment.  Where appropriate, proposals should include measures to enhance the
environment.  Policy DM1 – New Development Design of SLLDP2 also requires
development to promote quality and sustainability in design and layout.   
10.12 In terms of these policies, the proposed dwelling is 1.5 storeys from the front elevation
but includes an extra level when viewed from the rear due to the site sitting lower than
road level.  As noted above, the footprint of the proposed dwelling is larger than the
building on site to be removed and incorporates both traditional and contemporary
features within its design.  A representation was submitted requesting consideration
be given to the scale, design and materials of the proposal.  Following assessment of
the proposal, the size, scale, design and materials of the dwelling is considered to be
acceptable in this instance, and due to its distance from the closest dwelling and the
placement of windows, it would have no impact on adjacent properties in terms of loss
of privacy or overshadowing.  However, new development should also have no
significant adverse impacts on the local community.  As detailed above, the proposed
dwelling is considered to be contrary to NPF4 and the adopted LDP in respect of being
located in the Green Belt and being an unsustainable development.   
10.13 Biodiversity, Trees and Woodland 
Policy 3 Biodiversity of NPF4 aims to protect biodiversity, reverse biodiversity loss,
deliver positive effects from development and strengthen nature networks.  It is noted
that the representation received requested impact on any habitats be considered. 
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. 
Policy 6 Forestry, woodland and trees of NPF4 advises proposals that enhance,
expand and improve woodland and tree cover will be supported and those that result
in the loss of ancient woodlands, native woodlands, hedgerows and individual trees of
high biodiversity value will not be supported.  Similarly, Policy NHE13 Forestry and
Woodland of SLLDP2 seeks to protect and enhance ancient woodland, other
woodlands, hedgerows and individual trees.   
10.14 In this case, the site is bounded to the rear by matures trees with some bushes and
shrubs along the frontage of the site.  The main section of the site is currently
maintained grass.  The applicant notes that the trees to the rear of the site will be
retained.  The proposal will require the removal of the shrubs/bushes at the front of
the site to facilitate the new access and required visibility splay, however, given it is of
low quality, this is considered acceptable in this instance.  As the proposed dwelling
would generally be located on the maintained grass, it is not considered there would
be any significant impact on biodiversity of any significant loss of trees and as such,
the proposal is considered to comply with Policies 3, 4 and 6 of NPF4 and Policy
NHE13 of SLLDP2.  
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10.15 Flood Risk and Drainage 
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
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.   
10.16 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.   
10.17 In this regard, one of the comments raised in the representation received relates to
ensuring any flooding issues have been satisfactorily addressed.  In this case, the
applicant has submitted a Flood Risk Assessment, with independent check and
associated drainage design.  The Council’s Roads Flooding section has reviewed the
documentation and advised that they would have no objection to the proposal subject
to the further clarification on the proposed method of drainage as it is unclear if the
applicant would opt to take the drainage to a tank and discharge to Lees Burn, or if
they would use a soakaway.   
10.18 Technical Matters 
In terms of any technical matters, as noted above, consultees raised no objections to
the proposal subject to conditions being attached to any permission granted.   
10.19 Conclusion 
In conclusion, a full assessment of the proposal against the development plan has
been carried out above.  Whilst there is compliance with some aspects of the
development plan, the application site is located in the Green Belt and there is no
specific locational requirement for the dwelling to be located in the Green Belt.  The
proposal is therefore contrary to Policies 8, 14, 15 and 16 of NPF4, and Policies 4 and
GBRA1 of SLLDP2.  It is, therefore, recommended that planning permission be
refused.   
11 Recommendation and Reasons for Refusal
11.1. The Committee is asked to agree the following recommendation:- 
Refuse Full Planning Permission for the reasons outlined below:- 
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.  
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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 4 (Green Belt and the Rural Area) of the South
Lanarkshire Local Development Plan 2 as the site is located in the Green Belt and
there is no specific locational need for the dwellinghouse to be located in the Green
Belt.   
06. The proposal is contrary to Policy GBRA1 (Rural Design and Development) of the
South Lanarkshire Local Development Plan 2 as the site is located in the Green
Belt and there is no specific locational need for the dwellinghouse to be located in
the Green Belt.   
07. The site is located outwith the settlement boundary therefore the proposal is not
considered to be sustainable development and will increase emissions by
encouraging vehicular travel.  As such, the proposal is contrary to Policies 1 and 2
of the National Planning Framework 4 (2023). 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/22/0078 | Erection of dwelling with associated works | Land Adjacent To Holmpark Stoneymeadow
Road East Kilbride Glasgow South Lanarkshire G74 3XY 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0122
Proposal:  Erection of detached double garage
Site Address:  Plot 4
Stanmore Park
St Leonard Street
Lanark
Applicant:  Mr and Mrs Aaron and Alison Reid
Agent:  Burrell Design Studio
Ward:  02 Clydesdale North
Application Type:  Full Planning Permission
Advert Type:  Non notification of neighbours
Development Plan
Compliance: 
Yes
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  No
Direction to
Scottish Ministers 
No 
6
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1. Reason for Report
1.1. The application requires to be determined by the Planning Committee as it has
attracted 6 objections and therefore exceeds the authority for the Head of Planning
and Regulatory Services to determine. 
2. Site Description
2.1.  The application site relates to Plot 4 at Stanmore Park, a small housing development
adjacent to Stanmore Farm, which is a traditional farmhouse on the eastern edge of
Lanark.  The site is not level.  Being at the edge of the settlement, the surrounding
area is primarily characterised by agricultural land to the east and low-density housing
to the west, the latter being screened from Stanmore Park by a tree row. 
2.2. Excluding Plot 4, two other plots have been developed with a single-storey dwelling
and a one and a half-storey dwellinghouse, both of traditional form and finished in
white render. 
3. Description of Proposed Development
3.1. Planning permission is sought for the erection of a double garage with pitched roof at
the western side of the house.  The proposed garage will have a 73m2 rectangular
footprint, a 35° pitched roof finished in concrete tiles with a ridge height of 5.5m;
external walls finished in render with an eave’s height of 2.7m; and two roller garage
doors and side entrance door. 
3.2. The proposal has been revised since it was lodged.  Originally a residential annex with
single integral garage was proposed, the residential element being deleted from the
proposal.  In addition, the roof pitch has been reduced from 45° to 35° to match the
house which results in the ridge height reducing from 7.0m to 5.5m. 
4. Relevant Planning History
4.1. The house (without a garage) was previously consented in January 2021 through
planning application P/20/1624.  The house was constructed, and the completion
certificate verified in October 2022 through building warrant B/20/2282. 
5. Supporting Information 
5.1. None 
6. Consultations
6.1. None 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, a total of 6
representations have been received (6 objections, 0 support).  The issues raised are
summarised as follows:- 
 Design
⧫ Size
⧫ Massing
⧫ Footprint
⧫ Height
⧫ Mismatched roof pitch 
 Amenity impacts
⧫ Restrict views  
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 Title deeds/legal burdens
⧫ Development restricted without neighbouring agreement 
The above issues will be considered in the assessment below and full copies are
available to view on the planning portal.  However, the issue related to title deeds
restricting the erection of buildings without neighbouring consent is a private legal
matter outwith the remit of the planning system.  Accordingly, such aspects are not
material to the assessment and determination of this application.  That said, it should
be noted, that the residential component of the ancillary building has been deleted
from the proposal. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise.  The development plan comprises the
South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 
8.2 National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments, and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places, and productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the Climate and Nature Crises 
 Policy 2 - Climate Mitigation and Adaptation 
 Policy 14 - Design, Quality and Place
 Policy 16 - Quality Homes 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council must assess
proposals against the policies contained within the adopted SLLDP2.  In this regard
the application site and associated proposals are affected by the following policies
contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change
 Policy 3 - General Urban Area/Settlements
 Policy 5 - Development Management and Placemaking 
SLLDP2 Volume 2 Policies
 Policy DM2 – House Extensions and Alterations 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 Development at a dwellinghouse 
9. Guidance
9.1. None applicable. 
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10. Assessment and Discussion
10.1 Introduction 
Full planning permission is sought for the erection of a detached double garage at Plot
4, Stanmore Park, Lanark.  The main issues to be addressed in the determination of
this application includes the acceptability in principle of the proposed development, its
layout, siting and design, and an assessment of technical matters.  The policies
contained within National Planning Framework 4 and the South Lanarkshire Local
Development Plan 2 are the main considerations in this case, together with an
assessment of any other material planning considerations. 
10.2 Principle of Development 
The principle of a house at the site has been established and it has been constructed
per the approved drawings in terms of consent P/20/1624. 
10.3. Generally, the addition of a detached garage to a house is acceptable provided that
the garage would not result in overdevelopment of the plot and that the scale, design,
and materiality of the garage is sympathetic to the house and its surroundings. 
Policies 14 and 16 of NPF4 and Policies 3, 5, and DM2 of the SLLDP2 are material
considerations in determining the suitability of householder development such as the
garage now proposed. 
10.4. Climate Change 
Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and
identify that all development should seek to minimise and mitigate the effects of
climate change.  Given the scale and nature of the proposed development, it is not
considered that any action is required within the context of the development
management process. 
10.5 Layout, Siting and Design 
Policies 14 and 16 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 16 intends to provide quality homes and identifies
that householder proposals will be supported where they do not have a detrimental
impact on the character of the house or the surrounding area or a detrimental effect
on neighbouring amenity. 
10.6. Policies 3 and 5 of the SLLDP2 identify that residential development within
settlements, and those of an ancillary nature, may be considered acceptable if they do
not have a significant adverse impact on the amenity and character of the area, and
that all development should take account of, and be integrated with, the local context
and built form.  Policy DM2 of the LDP2 provides specific guidance on residential
alterations and extensions. 
10.7. As detailed above, the house already benefits from consent and therefore this
application only relates to the garage now proposed.  In terms of the aforementioned
policies, it is considered that in terms of scale, design, and materiality that the garage
is appropriate and sympathetic to the dwellinghouse and it would not result in
overdevelopment of the plot.  The recommended conditions will ensure that the
external finishes of the garage match the house. 
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10.8. The ridge height of the garage at the time of submission was relatively high and would
have resulted in the garage being approximately the same height as the 2-storey
house due to the house siting lower on the site.  Consequently, the height has been
reduced by 1.5m which will help address the concerns raised by neighbours that the
garage would have been overbearing in terms of neighbouring properties and the
wider context of Stanmore Park. 
10.9. The separation distance of the garage from neighbouring properties raises no concern
for amenity impacts in terms of overshadowing or an adverse relationship and, while
its roof may impact on some views to the north from neighbouring properties, the
restriction of a view is not a material planning consideration. 
10.10. Technical Matters 
Due to the house already having consent and its construction complete no
consultations were considered necessary for the addition of a detached garage to the
proposal.  Consequently, there are no technical matters to consider. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant subject to conditions:- 
1. 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). 
2. That the facing materials to be used for the external walls and roof of the garage
hereby approved shall match in colour and texture those of the existing
adjoining building on the site to the satisfaction of the Council as Planning
Authority.   
Reason: To ensure satisfactory integration of the proposed development with
the existing building both in terms of design and materials. 
12. Reason for Decision
12.1. It is considered that the proposed garage would not result in a significant detrimental
impact on the amenity and character of the house, the streetscape, or any adjacent
properties.  Consequently, the proposal complies with the provisions of Policies 14
and 16 of the adopted National Planning Framework 4 and Policies 3, 5, and DM2 of
the adopted Local Development Plan 2.  There are no other material considerations
which would justify the refusal of planning permission. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/22/0122 | Erection of detached double garage | Plot 4 Stanmore Park St Leonard Street
Lanark 
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Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
62

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63

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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0390
Proposal:  Change of use of land from agriculture to Class 6 (Storage or
Distribution), installation of modular office building, erection of vehicle
washing bay and creation of hardstanding area (in retrospect) and
formation of haul road
Site Address:  Townhead Farm
Ponfeigh Road
Sandilands
Lanark
ML11 9UA
Applicant:  JHP Transport Lanark Ltd
Agent:  David Graham
Ward:  04 Clydesdale South
Application Type:  Full Planning Permission
Advert Type:  Development Contrary to Development Plan: Lanark Gazette 25 May
2023
Non notification of neighbours: Lanark Gazette 25 May 2023
Bad neighbour: Lanark Gazette May 25 2023
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
7
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1. Reason for Report
1.1. The application is required to be determined by the Planning Committee under Clause
5.1 of the Decision-Making Process 2015 as it constitutes a major planning application. 
2. Site Description
2.1. The application site relates to land at Townhead Farm located on the edge of the small
settlement of Ponfeigh in the Douglas Valley.  The village of Rigside is located
approximately 500m to the south of the site on the opposite side of the A70.  The
application site previously formed part of a farm business that was purchased by the
applicant in 2016 along with the farm steading which is outwith the application site.  It
comprises a farmhouse and traditional U-shaped building complex which has been
converted into 5 residential units.  In addition, there is a detached modern house sited
directly opposite the site entrance and a small traditional cottage approximately 50m
north east of the application site.  The site currently has an existing access onto the
public road (Ponfeigh Road). 
2.2 The application site is approximately 2.95 hectares in area.  The site comprises 3
agricultural style, metal sheds, an area for the parking of refrigerated units, a vehicle
wash bay including 1.8m high, timber screening fence, a 2 storey modular office block
and an extensive area of hardstanding to provide lorry parking and staff parking
associated with a haulage business being operated at the site.  The application site
also comprises an area of farmland in third party ownership that runs east and then
north of the farm area to link onto Ponfeigh Road. 
2.3 The application site is on land designated as Rural within the South Lanarkshire Local
Development Plan 2 (SLLDP2) and due to the area’s mining legacy is on land defined
as a Development High Risk Area by the Coal Authority. 
3. Description of Proposed Development
3.1. The applicant has applied in retrospect to retain the use of the site and buildings as a
storage and distribution yard.  Other works that are the subject of the application are
the formation of additional hardstanding, the installation of portable office buildings
and formation of a wash bay area. 
3.2. The application also seeks consent for the formation of a new link road which would
provide an access to serve the haulage business directly from Ponfeigh Road
approximately 300m to the east of the existing access point.  The new road would
effectively bypass the residential properties described above and provide a new route
for the articulated vehicles associated with the storage and distribution use.  This link
road has not been created and is not in retrospect.  The operations are 24 hours and
currently employ 140 people. 
4. Relevant Planning History
4.1. The applicant is an established haulage business that was previously based in Shotts
which relocated to this site in 2016 following the purchase of Townhead Farm.  The
applicant has stated that at the time of purchase and establishment of the change of
use that they did not consider that planning permission was required as the land was
previously used for storing agricultural vehicles and equipment.  Whilst the site was
used for the storage of agricultural machinery that also included an element of plant
hire, this use related to an existing farm business and was therefore an ancillary
operation associated with an established agricultural unit and is a significantly different
use from that currently operating on site.  The applicant did not seek advice from the
Planning service regarding the status of the site nor in relation to locating a haulage
business on the land prior to purchasing the site and establishing the haulage business
there.  
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4.2. A retrospective planning application for the change of use of the site, formation of
hardstanding and the installation of the modular office building was submitted in March
2017.  A report on this original application was included on the agenda for the Planning
Committee on 6 November 2018.  It concluded that the proposed use was not an
acceptable permanent form of development for the site due to the adverse impact on
road safety and residential amenity.  The Committee report recommended that
planning permission be granted for a temporary period of one year to allow the
operator to explore suitable alternative sites.  Following publication of this report the
applicant withdrew it prior to it being presented to the Committee. 
4.3. Following the withdrawal of this application an enforcement notice was served on 22
November 2018 which required the use of the site as a haulage yard to cease and for
the associated wash bay and portable buildings used as office accommodation to be
removed from site.  Following a meeting with Council officers in November 2018, the
notice was withdrawn after the operator gave an undertaking to address the
outstanding concerns in a new application. 
4.4. A new application Ref: P/19/0816 was submitted attempting to address the issues
raised within the previous application.  However, the application was refused by
Planning Committee in September 2020 for the following reasons:- 
1.The application site lies within the Rural Area and is not on land designated for
Employment.  The proposal is therefore contrary to SPP (2014) and Policies 1, 3, 7
and 11 of the approved South Lanarkshire Local Development Plan (2015), Policy
GBRA1 of Supplementary Guidance 2: Green Belt and Rural Area, and Policies 1, 4,
8 and GBRA2 of the proposed Local Development Plan2 (2020). 
2.The proposal, by nature of its 24 hour operations, would have an adverse impact
upon existing residential amenity within the immediate area and is, therefore, contrary
to Policies 3 and 4 of the Adopted South Lanarkshire Local Development Plan (2015),
Policy DM1 of Supplementary Guidance 3: Development Management, Placemaking
and Design and Policies 4, 5 and GBRA2 of the Proposed South Lanarkshire Local
Development Plan 2 (2020). 
3.The proposal by nature of its location and use would have an unacceptable and
detrimental impact upon the public road network and is, therefore, contrary to Policy
16 of the Adopted South Lanarkshire Local Development Plan (2015) and Policy 15 of
the Proposed South Lanarkshire Local Development Plan 2 (2020). 
4.5. The applicant appealed this decision to the Planning and Environmental Appeals
Division (DPEA) with the appeal being dismissed in August 2021.  Following this
appeal decision, a further Enforcement Notice was issued against the site operations. 
The applicant also submitted an appeal against the Notice which was dismissed by
the DPEA in February 2022.   
4.6 The current proposals, due to the site area being over 2 hectares, constitute a “Major”
development and, as such, the applicant was required to carry out statutory pre-
application consultation which they did (Planning Ref: P/22/0001/PAN) prior to the
submission of this application.  
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5. Supporting Information 
5.1. The application was submitted with a Noise Assessment, Supporting Statement, Coal
Mining Risk Assessment and Roads Construction Details.  An indicative programme
of approximately 18 months for the construction and implementation of the proposed
link road has also been submitted. 
6. Consultations
6.1. Environmental Services – no objections subject to conditions relating to appropriate
noise levels on site, provision of acoustic barriers, noise and dust management
policies and a lighting assessment.
Response: Noted.  Should planning permission be approved appropriate conditions
could be attached to any decision issued. 
6.2 Roads and Transportation (Development Management Team) – originally objected
on lack of information.  Following discussions with the applicant’s agent and further
information being submitted have no objections to the proposals subject to conditions
relating to visibility splays (including future maintenance), all goods vehicles using the
new link road only, link road construction details (including drainage and signage), a
Stage 2 Road Safety Audit, parking details, provision of electric vehicle charge points,
a Traffic Management Plan (TMP) and a joint dilapidation survey being carried out with
the Council.
Response: Noted.  Should planning permission be approved appropriate conditions
could be attached to any decision issued. 
6.3 West of Scotland Archaeology Service (WoSAS) – note that the application site is
on land that has previously been developed in some form and therefore has little
archaeological value.  As such no archaeological investigation is proposed. 
Response: Noted. 
6.4 The Coal Authority – note that the application sits on land within the defined
Development High Risk Area and as such a Coal Mining Risk Assessment was
submitted.  Following review of this, have no objections subject to conditions relating
to site investigation. 
Response: Noted.  Should planning permission be approved appropriate conditions
could be attached to any decision issued. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, no
representations have been received. 
8. Development Plan
8.1 Section 33 of the Town and Country Planning (Scotland) Act 1997 allows a Planning
Authority, should they be minded, to grant planning permission to a development
including development that has already been carried out (i.e. in retrospect).  Therefore,
the retrospective nature of this application does not prohibit the Council, as Planning
Authority, to carry out a detailed assessment of the planning application as required
under Section 25 of the Town and Country Planning Act 1997. 
8.2 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. 
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8.3. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places and productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the Climate and Nature Crises 
 Policy 2 - Climate Mitigation and Adaptation
 Policy 13 – Sustainable Transport
 Policy 26 – Business and Industry
 Policy 29 - Rural Development 
8.4. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council will, therefore,
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).   
8.5. In this regard the application site and associated proposals are affected by the
following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 1 – Spatial Strategy 
 Policy 2 - Climate Change
 Policy 4 – Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 8 - Employment
 Policy 15 - Travel and Transport 
SLLDP2 Volume 2 Policies
 Policy GBRA2 – Business Proposals within Green Belt and Rural Area
 Policy DM1 – New Development Design 
9. Guidance
9.1. None 
10. Assessment and Discussion
10.1 Full planning permission is sought for the change of use of land from agriculture to
Class 6 (Storage or Distribution), installation of modular office building, erection of
vehicle washing bay and creation of hardstanding area and formation of haul road.  As
noted above, the majority of the proposals are in retrospect with the exception of a
new link road from the site onto Ponfeigh Road.  The main issues to be addressed in
the determination of this application includes the acceptability in principle of the
proposed development, its layout, siting and design, impact upon residential amenity
and an assessment of technical matters.  The policies contained within National
Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the
main consideration in this case, together with an assessment of any other material
planning considerations. 
10.2 Section 4 of the report describes the planning history of the application site which
includes the refusal of a retrospective application in 2020 and the subsequent
dismissal of an appeal against that decision.  In addition, there is an extant
enforcement notice requiring the current use to cease and the associated buildings to
be removed from the site.  The non-compliance with the notice has not been pursued
while the current application has been under consideration.  
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10.3 The application was refused in 2020 on the grounds that the application site was not
on land designated for employment use, that there would be an adverse impact on
existing residential amenity within the immediate area due to the noise generated by
articulated vehicles during the night, and that the proposal would have an
unacceptable and detrimental impact on the public road network; and as a result would
be contrary to Scottish Planning Policy (SPP) and the adopted South Lanarkshire
Local Development Plan 1.  Since that decision, SPP has been superseded by
National Planning Framework 4 and South Lanarkshire Local Development Plan 2 has
been adopted as a replacement plan by the Council.  In addition, the applicant has
amended their proposals to include a new link road to serve their business in an
attempt to address the reasons for refusal relating to the impact on residential amenity
and the road network.  The assessment of the application firstly considers whether the
original reasons for refusal have been addressed as a result of the intervening
changes to national and local planning policy and the revised proposals.  It will go on
to consider other material planning matters. 
10.4 Principle of Development
The application site is not within the defined boundary of a settlement but is located
within land designated as Rural within the SLLDP2.  NPF4 Policy 26 – Business and
Industry states that proposals for storage and distribution uses outwith areas identified
for this type of use will only be supported where it is shown there are no suitable
alternatives allocated in the LDP and that the nature and scale of the activity is
compatible with the surrounding area.  NPF4 Policy 29 - Rural Development states
that development proposals that contribute to the viability, sustainability and diversity
of rural communities and local rural economy will be supported.  Proposals should be
suitably scaled, sited and designed to be in keeping with the character of the area. 
10.5 Policy 4 – Green Belt and the Rural Area in SLLDP2 states that within the Rural Area
the Council will seek to protect the amenity of the area while supporting small scale
development in the right places that is appropriate in land use terms.  Policy GBRA2
of SLLDP2 provides further guidance on business proposals within the Rural Area,
setting out a list of development that is considered appropriate and includes, in
exceptional circumstances, proposals for larger scale business development that
generates strategic or locally important employment opportunities where wider
economic benefits and a specific locational need can be demonstrated and satisfactory
mitigation of any adverse impacts can be achieved. 
10.6 It is noted that the business currently employs 140 jobs which is of a scale that can be
considered to generate locally important business opportunities as set out within Policy
GBRA2.  The business is one of the local area’s largest employers and contributes to
the viability of the local rural economy, in line with the policy intent of NPF4 Policy 29. 
Policy 26 also provides for the type of use proposed to be located out with established
employment areas where it can be shown that alternative locations are unavailable. 
In this case the applicant has carried out a search of employment sites allocated in
SLLDP2 in the local area that could accommodate the business but has shown that
they are not suitable in terms of the size or availability.  In view of this outcome, it is
considered that the proposals accord in principle with national and local planning policy
on this form of development in a rural location. 
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10.7 Impact Upon Residential Amenity 
While the principle is acceptable, NPF4 Policies 26 and 29 require proposals in the
circumstances described to be compatible with the nature and character of the
surrounding area.  SLLDP2 Policy 5 also states that new development should also
have no significant adverse impacts on the local community.  As noted in section 4,
the vehicle movements associated with the business were considered to create an
unacceptable noise impact at night times as they passed neighbouring residential
properties.  As a solution to mitigate this impact the proposals have been amended to
include a link road to the rear of the site to then join Ponfeigh Road whilst avoiding
passing the affected residential properties.  The noise impact assessment submitted
with the application has been reviewed by Environmental Services and they have
confirmed that this link road would reduce any noise impact to acceptable levels and
therefore minimising any impact the proposals have on residential properties. 
10.8 Impact on Public Road Network
The current access arrangements to serve the business have resulted in damage to a
stretch of Ponfeigh Road due to the vehicle movements.  Investigations carried out by
Roads and Transportation Services have shown that the make-up of this part of the
road is unsuitable for the continued intensive use by heavy goods vehicles and the
road may have to be closed without mitigation being put in place.  The proposed new
link road would exit onto a part of Ponfeigh Road that can accommodate the haulage
vehicles.  Roads and Transportation Services have advised that these arrangements
are acceptable and have no objections subject to a number of conditions referred to in
section 6 of the report.  In particular, the applicant has provided a programme of works
required to form the new road which they anticipate will take 18 months to complete. 
As a result, they are satisfied the proposals will improve the public road network in this
area and therefore it is considered they accord with NPF4 Policy 11 and Policy 15 in
SLLDP2. 
10.9 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. 
These policies are further supported by SLLDP2 Policy 2 - Climate Change which
states that proposals for new development must, where possible, seek to minimise
and mitigate against the effects of climate change.  It is considered that, while the
distribution of goods via motor vehicle is intrinsically unsustainable in nature, this is
currently a necessary part of society.  In this instance it is also considered, in relation
to sustainability and climate change, that the majority of the proposals are on land
that has previously been subject to some form of development and therefore do not
involve the loss of green field land and soils.  The location of the site within 5km of
the M74 Motorway and its national transport links is also considered to minimise
vehicle travel distances. 
10.10 SLLDP2 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.  The effect on residential
amenity is considered above.  The application site sits on a plateau that is prominent
within the local landscape.  The buildings are clustered together which helps minimise
their visual impact within the area but it is noted that the plateau nature of the site,
with bare slopes dropping down out with the site does result in the proposals having
a visual impact within the broad open landscape.  The main shed building is red in
colour which adds to the negative impact as it is not in keeping with the natural pallet
surrounding the site.  It is considered that painting this building in a more natural,
recessive colour such as dark green could soften its impact upon the landscape.  The
bare slopes at the edges of the site result in the development being prominent and it
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is considered that these could be landscaped with planting which would soften the
developments visual impact on the landscape.  It is considered that the use of suitable
colours on the main building and screen planting would reduce the site’s visual impact
to a degree where it could be considered acceptable within the surrounding
landscape. 
10.11 Conclusion 
In conclusion, the planning history of the site is an important consideration of the
assessment of the current application.  The previous application was refused on the
basis of national and local planning policy that has since been superseded.  In
addition, the applicant has sought to address concerns about the impact on residential
amenity and the local road network.  Overall, it is considered that the principle of the
proposals accord with NPF4 Policies 26 and 29 which seeks to encourage rural
economic activity and support a development proposal that contributes to the viability
of the local rural economy through the employment of approximately 140 jobs.  The
scale of jobs within the local rural area is considered to be large enough for the
proposals to fall within the exceptional circumstances that allow business proposals
within the Rural Area to be supported by SLLDP2 Policy GBRA2.  It has been
demonstrated that adverse impacts from the development have been mitigated with
the introduction of the link road.  It is therefore considered that the current policy
context allows the development to be supported subject to appropriate conditions
relating to the implementation of the link road, noise levels, external finishes and
landscaping.  It is therefore recommended that the Planning Committee approve the
application subject to the conditions set out within the paper apart. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant subject to conditions:- 
01. That within 3 months following the date of this permission, a construction programme
setting out an appropriate timeline for construction and subsequent implementation of
the haul road shall be submitted for the written agreement of the Council as Planning
Authority.  For the avoidance of doubt the programme should be based on the
document titled Indicative Construction Programme and unless otherwise agreed in
writing should be no longer than an 18 month programme.   
Reason: In order to define the terms of the consent 
02. That within 3 months following the date of this permission, details of all landscaping
shall be submitted for the written approval of the Council, as Planning Authority.  For
the avoidance of doubt the landscaping details shall also include maintenance of the
landscaping.  Once approved, the landscaping shall be implemented and maintained
as such for the lifetime of the development and change of use, hereby approved.   
Reason: In the interests of visual amenity. 
03. That within 3 months following the date of this permission, details of all external
finishes of the sheds on site, shall be submitted for the written approval of the Council,
as Planning Authority.  Once approved, the external materials shall be implemented
and maintained as such for the lifetime of the development and change of use, hereby
approved.   
Reason: In the interests of visual amenity.  
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04. That no new development shall be carried out on site until:- 
a) a scheme of intrusive investigations has been carried out on site to establish the
risks posed to the development by past coal mining activity, and; 
b) any remediation works and/or mitigation measures to address land instability arising
from coal mining legacy, as may be necessary, have been implemented on site in full
in order to ensure that the site is safe and stable for the development proposed. 
The intrusive site investigations and remedial works shall be carried out in accordance
with authoritative UK guidance.   
Reason: In the interests of mining legacy 
05. Prior to any new development being implemented, a signed statement or declaration
prepared by a suitably competent person confirming that the site is, or has been made,
safe and stable for the approved development shall be submitted to the Council as
Planning Authority for approval in writing.  This document shall confirm the methods
and findings of the intrusive site investigations and the completion of any remedial
works and/or mitigation necessary to address the risks posed by past coal mining
activity.   
Reason: In the interests of mining legacy 
06. That within three months from the date of this planning permission, a 4.5m by 60metre
visibility splay, as shown on drawing 19006_013 Revision A, shall be provided and
maintained by the applicant in both directions from the new haul road access onto
Ponfeigh Road such that no obstructions greater than 1.05metres in height are
permitted within the visibility splays when measured above the adjacent nearside road
channel level, and that the visibility splay should be maintained free of any obstructions
or planting all to the satisfaction of the Council as Planning and Roads Authority.   
Reason: In the interests of road safety 
07. That all light goods vehicles and heavy goods vehicles shall enter and exit site using
the new haul road access onto Ponfeigh Road and travel between this location and
the A70 along Ponfeigh Road via the A70/Ponfeigh Road/B7055 crossroads junction.   
Reason: In the interests of road safety 
08. That within three months from the date of this planning permission, the applicant shall
submit detailed designs for the new haul road access showing road markings, high
containment kerbs, appropriate junction radii, surfacing details, road tie-in details,
adoption delineation kerb, road signage and drainage arrangements all for the written
approval of the Council as Planning and Roads Authority.  Once approved, all works
shall be implemented on site in accordance with the agreed drawings and specification
to the satisfaction of the Council as Planning and Roads Authority prior to the site
being brought into use.  Following completion of these works there will be a 24-month
monitoring period of the road condition from and including the new haul road access
and the A70 whereby any defects as identified by the Council shall be rectified by the
applicant at their expense within timescales acceptable to the Council as Planning and
Roads Authority.   
Reason: In the interests of road safety  
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09. That the applicant shall submit a Stage 2 Road Safety Audit and Designer's Response
in respect of those works referred to above that are being undertaken on or
immediately adjacent to Ponfeigh Road associated with formation of the proposed haul
road access; the audit shall be undertaken in accordance with the Design Manual for
Roads and Bridges and, thereafter, any agreed measures shall be implemented on
site to the satisfaction of the Council as Roads and Planning Authority.   
Reason: In the interests of road safety 
10. That within three months from the date of this planning permission, the first 20 metres
of the haul road access shall be surfaced in a bound material and trapped to prevent
any surface water or deleterious material from entering Ponfeigh Road all to the
satisfaction of the Council as Planning and Roads Authority.   
Reason: In the interests of road safety 
11. That within three months from the date of this planning permission, the applicant shall
submit, for the written approval of the Council as Planning and Roads Authority, details
and spacing of the proposed bollard separation between the staff car park and the
HGV parking area, and the associated locked gate.  Once approved these works shall
be implemented on site in accordance with the approved designs and all to the
satisfaction of the Council as Planning and Road Authority prior to occupation of the
development hereby approved. 
Reason: In the interests of road safety 
12. That within three months from the date of this planning permission, the applicant shall
resurface the full carriageway width of Ponfeigh Road over the length of the proposed
bellmouth all in accordance with a specification to be agreed in writing by the Council
as Planning and Roads Authority. 
Reason: In the interests of road safety 
13. That within three months from the date of this planning permission, the applicant shall
submit details of the high containment kerb to be provided over the full extents of the
proposed bellmouth on both to the nearside and farside road channel lines of Ponfeigh
Road, all for the written approval of the Council as Planning and Roads Authority and
once approved implement the works in accordance with the agreed drawings and
specification to the satisfaction of the Council as Planning and Roads Authority.   
Reason: In the interests of road safety 
14. That within three months from the date of this planning permission, the applicant shall
form 69No spaces for parking of heavy goods vehicles (lorry parking) and these shall
be laid out generally in accordance with the Proposed Site Layout Revision B by Burrell
Design Studio dated March 2022. 
Reason: In the interests of road safety  
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15. That within three months from the date of this planning permission, the applicant shall
form 50No car parking spaces (staff and visitors parking) and these shall be laid out
generally in accordance with the Proposed Site Layout Revision B by Burrell Design
Studio dated March 2022 and that these shall be provided in 2.5metre by 5.5metre
modules.   
Reason: In the interests of road safety 
16. That within three months from the date of this planning permission, the applicant shall
install and then maintain 6No dual charge units (or 12No single charge points) in
accordance with the Council's supporting planning guidance for electric vehicle
charging points (August 2022). 
Reason: In the interests of providing electric vehicle infrastructure. 
17. That within three months from the date of this planning permission, the applicant shall
submit, for the written approval of the Council as Planning and Roads Authority, a
Traffic Management Plan (TMP) to cover all construction traffic access entering and
exiting off Ponfeigh Road.  Construction traffic shall only use Ponfeigh Road southeast
to A70/Ponfeigh Road/B7055 crossroads junction.  The TMP shall include wheel
washing arrangements, delivery routes, compound layout including on-site parking
facilities for staff and visitors.  Once approved works shall be undertaken in
accordance with the approved TMP to the satisfaction of the Council as Planning and
Roads Authority.  All vehicles, including delivery vehicles, shall be parked within the
site and no vehicles shall be parked at any time on the public road. 
Reason: In the interests of road safety. 
18. That within three months from the date of this planning permission, the applicant shall
undertake a joint dilapidation survey of the construction traffic route identified and
agreed through the Traffic Management Plan with representatives of the Roads Area
Office and submit to the Council a record of the survey, together with arrangements
for subsequent inspection and repair during the construction phase; all for the written
approval of the Council as Roads Authority.   
Reason: In the interests of road safety 
19. That following completion of the haul road the developer shall ensure that the
neighbourhood noise levels (including noise from industrial, commercial noise sources
and associated Road Traffic Noise) comply with the following:-   
Part 1 
Between the hours of 08:00 and 20:00 the measured noise rating level emitted from
the proposed development (LAr,1hr) shall not exceed the background noise level
(LA90,30 min) by more than 4dB within the curtilage of any residential property.  This
shall be measured in accordance with British Standard BS 4142:2014 - 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 proposed
development (LAr,15 min) shall not exceed the background noise level (LA90,30min)
by more than 4dB.  This shall be measured in accordance with BS4142:2014 at the
proposed development.    
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Part 2 
The internal noise levels at any existing residential property and resultant from the
development shall comply with BS 8233:2014 Guidance on sound insulation and noise
reduction for buildings as follows:- 
a) The internal levels with windows open do not exceed an LAeq,16hr of 40dB
daytime (07:00 - 23:00) 
b) The internal levels with windows open do not exceed an LAeq,8hr of 30dB
night-time (23:00 - 07:00). 
c) The internal levels with windows open do not exceed an LAmax of 45dB night-
time (23:00 - 07:00). 
d) The external levels shall not exceed an LAeq,16hr of 55dB daytime in any
garden amenity areas, when measured free field   
Part 3 
The Internal Noise Rating Values, within the residential properties and resultant from
the industrial, commercial and installed services associated with the development shall
not exceed:- 
o NR25 between 23.00hrs and 08.00hrs 
o NR35 between 08.00hrs and 23.00hrs   
Reason: In the interests of residential amenity 
20. That within three months of the date of this permission, the applicant shall submit
details of an acoustic barrier to provide a minimum insertion loss of 10dB.  This shall
comprise of materials with an average surface density of 13kgm-2.  The construction
shall have a minimum height of 2.5m and shall be placed around the north facing
boundary of the haul road and parts of the yard facing onto any non-financially
associated properties. 
Elevations, plans and construction materials shall be agreed with and approved by
the Planning Authority prior to construction.  Thereafter, a maintenance scheme for
the barrier shall be put in place to for the lifetime of the development.  
Reason: In the interests of residential amenity 
21. That within three months from the date of this permission, a Noise Management Policy
shall be submitted to the Planning Authority for their approval.  Further to approval the
Noise Management Policy as agreed shall be adhered to.   
The policy shall consider the following aspects of noise control:-  
⧫ The use of reversing bleepers on mechanical handling plant and vehicles during
noise sensitive times. 
⧫ The use of diesel generators for refrigerated vehicles during noise sensitive
periods.  Electrical Hook Up Points should be the preferred option.
⧫ The use of the car wash at night.
⧫ Sounding horns during noise sensitive periods.   
Reason: In the interests of residential amenity 
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22. That within three months from the date of this permission details for the storage and
the collection of waste arising from the proposed development shall be submitted to,
and approved in writing by the Planning Authority.  The agreed details shall thereafter
be implemented and satisfactorily maintained.   
Reason: In the interests of amenity 
23. That within three months from the date of this permission, the applicant shall submit
written details of the proposed floodlighting scheme to the Planning Authority.  In
addition, the applicant must undertake and submit for approval a Lighting Impact
Assessment in line with the Institute of Lighting Professionals and International
Commission on Lighting (CIE) guidance. 
The assessment shall consist of a technical report prepared by a qualified competent
person (e.g. Lighting Engineer) setting out the type of lights, performance, height and
spacing of lighting columns; the light levels to be achieved over the intended area, at
the site boundaries and, for very large schemes, 50m outside of the boundary of the
site should be superimposed on a map of the site and its surrounding area. 
The agreed scheme shall be implemented as approved and thereafter be operated in
accordance with the approved scheme to the satisfaction of the Council as Planning
Authority.   
Reason: In the interests of light pollution 
12. Reason for Decision
12.1. It is considered that the scale of employment created by the business in tandem with
the noise and road mitigation provided by the link road allow the proposals to be
considered acceptable in a rural location subject to appropriate conditions.  It is
considered that the proposals therefore accord with polices 1, 2, 26 and 29 of the
National Planning Framework 4 and policies 2, 5, 15, GBRA2 and DM1 of the adopted
South Lanarkshire Local Development Plan 2. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/22/0390 | Change of use of land from agriculture to Class 6 (Storage or Distribution), installation of
modular office building, erection of vehicle washing bay and creation of hardstanding area (in
retrospect) and formation of haul road | Townhead Farm Ponfeigh Road Sandilands Lanark ML11
9UA (southlanarkshire.gov.uk) 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk  
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/0878
Proposal:  Erection of 14 wind turbines (12 no. with a 149.9m maximum height to
tip and 2 no. with a 180m maximum height to tip) with a maximum
output of up to 50MW and associated infrastructure including
substation, control building, crane hardstandings, underground
cabling, transformer enclosures, temporary construction compounds,
borrow pits, permanent wind monitoring mast and new and upgrading
of existing access tracks (Section 42 application to amend condition 3
of planning permission P/18/1540, to permit operational lifetime for a
30 year period) 
Site Address:  Cumberhead Wind Farm
Stockbriggs from New Trows C13 To Cumberhead
Lesmahagow
Lanark 
Applicant:  Cumberhead Wind Energy Ltd 
Agent:  Atmos Consulting Ltd
Ward:  04 – Clydesdale South
Application Type:  Further Application
Advert Type:  Environmental Impact Assessment (EIA) Report Submitted: Lanark
Gazette 1 February 2023
EIA Report Submitted: Edinburgh Gazette 3 February 2023
Non-notification of neighbours: Lanark Gazette 20 July 2022 
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions 
Legal Agreement:  No
Direction to
Scottish Ministers 
N/A  
8
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1. Reason for Report
1.1. The application is required to be determined by the Planning Committee under Clause
5.1 of the Decision-Making Process 2015 as it constitutes a major planning application. 
2. Site Description
2.1. The application site extends to approximately 745.5 hectares in area and is a recently
constructed wind farm of 14 turbines (12 no. with a 149.9m maximum height to tip and
2 no. with a 180m maximum height to tip), (Planning Ref: P/18/1540), located within
the former Cumberhead Forest, a commercial forestry plantation.  The site is some
2.2km to the southwest of the settlement of Coalburn and 4.3km west of the settlement
of Douglas.  The operational Nutberry Wind Farm (6 turbines) is located within the
centre of the application site and a number of other wind farm sites, including
Galawhistle, Dalquhandy and Hagshaw Hill are located in close proximity, known
collectively as the ‘Hagshaw Cluster’.  The application site is set wholly within the
administrative area of South Lanarkshire, although it should be noted that the western
boundary is located parallel to the eastern administrative boundary of East Ayrshire
Council.   
3. Description of Proposed Development
3.1. The application is made under Section 42 of the Town and Country Planning
(Scotland) Act 1997 (as amended) and is an application for planning permission for
the development of land but without compliance with a condition or conditions attached
to a previous planning permission. 
3.2 In this instance, the applicant wishes to vary condition 3 of planning permission Ref:
P/18/1540 (hereon referred to as the original permission) which granted planning
permission for 14 turbines at a maximum tip height of 149.9 metres for 12 no. turbines
and 180 metres for 2 no. turbines on the site. 
3.3 Condition 3 of the original permission states:- 
That the Development will be decommissioned and will cease to generate electricity
by no later than the date falling twenty five years from the date of Final Commissioning. 
All wind turbines, ancillary equipment and buildings shall be dismantled and removed
from the site and the land shall be restored and subject to aftercare, in accordance
with the decommissioning, restoration and aftercare plan referred to in Condition 4. 
The total period for restoration of the Site in accordance with condition 4 shall not
exceed three years from the date of Final Commissioning without prior written approval
of the Planning Authority. 
3.4 The applicant has requested that condition 3 be varied to read:- 
That the Development will be decommissioned and will cease to generate electricity
by no later than the date falling thirty years from the date of Final Commissioning.  All
wind turbines, ancillary equipment and buildings shall be dismantled and removed
from the site and the land shall be restored and subject to aftercare, in accordance
with the decommissioning, restoration and aftercare plan referred to in Condition 4. 
The total period for restoration of the Site in accordance with condition 4 shall not
exceed three years from the date of Final Commissioning without prior written approval
of the Planning Authority. 
3.5 In essence, this application requests an extension to the operating period of the wind
farm from 25 years to 30 years.    
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3.6 If successful, the effect of a Section 42 application to modify a planning condition or
conditions is to grant a further planning permission for the whole development but with
the amended condition or conditions replacing those that were previously issued, or
with conditions removed if required.  All other conditions, if relevant, are also required
to be attached to any new planning permission.  If the proposed changes to the
condition or conditions are deemed unacceptable, then Section 42 of the Act requires
the application to be refused.  Any refusal of an application under Section 42 of the
Act does not have any effect on the original planning permission which remains intact. 
4. Relevant Planning History
4.1. Planning permission for 11 turbines, all at a maximum height to tip of 126.5m (Planning
Ref: CL/15/0231) was initially approved by the Planning Committee, subject to a legal
agreement.  The legal agreement was not completed, and this original application was
withdrawn to permit the applicant to submit a further detailed planning application
(Planning Ref: P/18/1540) for 14 turbines on the site, designed to replace the previous
application.  This was approved at Planning Committee on 25 August 2020 subject to
the conclusion of a legal agreement.  This was subsequently agreed and the decision
notice issued.  All site works are now nearing completion, with the anticipated final
commissioning of the wind farm in July 2023.  Detailed planning permission was also
granted consent under delegated powers in March 2020 for the installation of a length
of access track at the site (Planning Ref: P/19/1738).  In addition, detailed planning
permission was granted for a further section of access track under delegated powers
in January 2021 (Planning Ref: P/20/1607).   
4.2 The Legal Agreement attached to P/18/1540 has been written to ensure any
subsequent planning applications for the wind farm (such as this current one) are also
controlled by the same terms. 
5. Supporting Information 
5.1. The applicant has submitted a number of supporting documents with the application,
including a Section 42 Supporting Statement setting out the justification for the
application, the 2018 Planning Statement and the original submitted EIA documents
and figures.   
6. Consultations
6.1. Glasgow Airport – originally submitted a holding objection to the application, advising
that it could conflict with safeguarding criteria, and that a more detailed assessment
required to be undertaken.  Following a number of discussions between the applicant
and Glasgow Airport, the consultee has now confirmed that the development does not
conflict with safeguarding criteria, and that the original objection can be removed. 
Response:  Noted. 
6.2. National Air Traffic Services (NATS) – offer no objection to the proposed time
extension.
Response:  Noted. 
6.3. West of Scotland Archaeology Service (WOSAS) – offer no objection to the
application, as extending the lifespan of the wind farm would not alter or increase the
impact of the development on the historic environment.   
Response:  Noted. 
6.4. Countryside and Greenspace – no objections to the further application, subject to
the attachment of a condition requiring the submission of a detailed Access
Management Plan, as per the condition attached to the original approval for the site.  
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Response:  Noted.  Should planning permission be approved appropriate conditions
could be attached to any decision issued. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, no valid
representations have been received.   
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2 National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places and productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises 
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 4 - Natural places
 Policy 5 - Soils
 Policy 11 - Energy
 Policy 29 - Rural development 
8.3 South Lanarkshire Local Development Plan 2 (2021) 
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- 
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 14 - Natural and Historic Development
 Policy 15 - Travel and Transport
 Policy 18 - Renewable Energy 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 Renewable Energy (January 2021) 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. The application has been made under section 42 of the Planning Act to extend the
operating period of a previously consented wind farm from 25 years to 30 years.  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.  The policies contained within National
Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the
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main consideration in this case, together with an assessment of any other material
planning considerations. 
10.2 As the proposals involve an amendment to an existing consent, now implemented,
there is no need to revisit the principle of the development, or any facets of the Original
Consent that do not form part of the proposed amendments.  Therefore, in this
instance, the assessment of the proposals relate solely to consideration of any impacts
that may arise from an increase in the permitted period of operation from 25 to 30
years.  The main matters for the Council’s consideration are therefore whether this
extended period of 5 years for operation of the wind farm would continue to comply
with the Development Plan.  No changes to the scale, design or layout of the approved
scheme are proposed. 
10.3 In determining whether the proposed 5 year extension to the operation of the wind
farm is acceptable, it should be noted that the 25 year time limit on the original
permission was not imposed to mitigate any effects of the wind turbines on the
surrounding area, but rather reflected the ‘industry standard’ at the time, in that the
operational capacity of turbines was limited by the technology then in place.   
10.4 However, as technology has advanced and windfarms become an established feature,
developers have sought to extend their operational time limits.  Overall, there is a
general presumption in favour of granting permission in such cases, unless
exceptional circumstances suggest otherwise.  In this instance, the policy direction on
wind farm development is broadly identical to when the original permission was
granted, and it is considered that the environmental impact of the proposals remains
unchanged.  In addition, the application, if successful, would result in an additional 5
years of renewable electricity generation for an already consented/operational wind
farm which accords with policy direction at both a national and a local level.  The
Section 42 application supporting statement indicates that this will enable a further
963,600 MWh to be produced, enough to power over 12,000 homes within South
Lanarkshire.   
10.5 The previous consent, now implemented, established the principle of a wind farm
development on the site in 2020.  The amendments proposed relate to an extension
of the permitted period of operation from 25 to 30 years.  As such, the key issue in
assessing the application is whether the continued operation of the wind farm for a
further 5 years is considered acceptable.  A detailed assessment against NPF4, local
development plan policy in the adopted South Lanarkshire Local Plan 2 and its
associated supporting planning guidance on Renewable Energy has been carried out. 
It is concluded that the extension of the permitted period of operation for a further 5
years would accord with the relevant assessment criteria and would not have any
resultant significant, adverse impacts.
10.6 Conclusion 
In conclusion, it is considered that subject to the replication of the relevant (post
construction) conditions attached to the original permission, the extension of the
operational life span of the wind farm by a further 5 years is considered acceptable.  It
is, therefore, recommended that the Planning Committee approve the application. 
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11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation: - 
Grant the further application, subject to conditions:- 
01. That the development is carried out strictly in accordance with the terms of the
application and the accompanying EIA Report dated September 2018, including all
mitigation and monitoring measures stated in it, subject to any requirements set out in
these conditions.  Any proposed deviation from the detail provided within these
documents, must be submitted to, and approved in writing by the Planning Authority
before the works described therein are undertaken.   
Reason: To ensure compliance with all commitments made in the EIA Report, in the
interests of amenity and in order to retain effective planning control. 
02. Written confirmation of the date of commissioning of development shall be supplied in
writing to the Planning Authority and the date of commencement of the development
shall be no later than 3 years from the date of this consent. 
Reason: In order to define the terms of the consent. 
03. That the Development will be decommissioned and will cease to generate electricity
by no later than the date falling thirty years from the date of Final Commissioning.  All
wind turbines, ancillary equipment and buildings shall be dismantled and removed
from the site and the land shall be restored and subject to aftercare, in accordance
with the decommissioning, restoration and aftercare plan referred to in Condition 4. 
The total period for restoration of the Site in accordance with condition 4 shall not
exceed three years from the date of Final Commissioning without prior written approval
of the Planning Authority.   
Reason: In order to define the terms of the consent. 
04. A decommissioning, restoration and aftercare strategy has been submitted to and
approved in writing by the Planning Authority in consultation with NatureScot and
Scottish Environment Protection Agency (SEPA).  The strategy outlines measures for
the decommissioning of the Development, restoration and aftercare of the site and
includes, without limitation, proposals for the removal of the Development, the
treatment of ground surfaces, the management and timing of the works, and
environmental management provisions.   
No later than 3 years prior to decommissioning of the Development or the expiration
of this consent (whichever is the earlier) a detailed decommissioning, restoration and
aftercare plan, based upon the principles of the approved decommissioning,
restoration and aftercare strategy, shall be submitted to the Planning Authority for
written approval in consultation with NatureScot and SEPA.  The detailed
decommissioning, restoration and aftercare plan will provide updated and detailed
proposals for the removal of the Development, the treatment of ground surfaces, the
management and timing of the works and environment management provisions which
shall include:-   
a. a site waste management plan (dealing with all aspects of waste produced during
the decommissioning, restoration and aftercare phases); 
b. details of the formation of the construction compound, welfare facilities, any areas
of hardstanding, turning areas, internal access tracks, car parking, material stockpiles,
oil storage, lighting columns, and any construction compound boundary fencing;
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c. a dust management plan; 
d. details of measures to be taken to prevent loose or deleterious material being
deposited on the local road network including wheel cleaning and lorry sheeting
facilities, and measures to clean the site entrances and the adjacent local road
network; 
e. a pollution prevention and control method statement, including arrangements for the
storage and management of oil and fuel on the site; 
f. soil storage and management; 
g. a surface water and groundwater management and treatment plan, including details
of the separation of clean and dirty water drains, and location of settlement lagoons
for silt laden water; 
h. sewage disposal and treatment; 
i. temporary site illumination; 
j. the construction of any temporary access into the site and the creation and
maintenance of associated visibility splays; 
k. details of watercourse crossings; 
l. a species protection plan based on surveys for protected species (including birds)
carried out no longer than 18 months prior to decommissioning.   
The Development shall be decommissioned, site restored, and aftercare thereafter
undertaken in accordance with the approved plan, unless otherwise agreed in writing
in advance with the Planning Authority in consultation with NatureScot and SEPA.  The
approved plan shall be implemented and overseen by an Ecological Clerk of Works
(ECoW).   
Reason: In the interests of effective and suitable restoration. 
05. A guarantee to cover all site restoration and aftercare liabilities imposed on the expiry
of this consent will be submitted for the written approval of the planning authority.  Such
guarantee must:- 
i. be granted in favour of the planning authority 
ii. be granted by a bank or other institution which is of sound financial standing and
capable of fulfilling the obligations under the guarantee; 
iii. be for an amount which covers the value of all site restoration and aftercare liabilities
as determined by the planning authority at the commencement of development 
iv. contain provisions so that all the site restoration and aftercare liabilities as
determined at the commencement of development shall be increased on each fifth
anniversary of the date of this consent. 
v. come into effect on or before the date of commencement of development, and expire
no earlier than 24 months after the end of the aftercare period. 
No work shall begin at the site until (1) written approval of the Planning Authority has
been given to the terms of such guarantee and (2) thereafter the validly executed
guarantee has been delivered to the planning authority. 
In the event that the guarantee becomes invalid for any reason, no operations will be
carried out on site until a replacement guarantee completed in accordance with the
terms of this condition is lodged with the Planning Authority. 
Reason: In the interests of amenity and in order to retain effective planning control. 
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06. The cumulative day time noise (7am to 11pm) from the wind turbines must not exceed
a noise level of 40dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is
the greater, at the boundary of the curtilage of any noise sensitive premises at all times
at wind speeds of up to 12 metres per second at 10m height as measured within the
site.  This is based on the cumulative projections at the levels assessed within the EIA
for all developments and including the immissions from the Cumberhead Wind Farm
development.   
The cumulative night time noise (11pm to 7am) from the wind turbines must not exceed
a noise level of 43dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is
the greater, at the boundary of the curtilage of any noise sensitive premises at all times
at wind speeds of up to 12 metres per second at 10m height as measured within the
site.  This is based on the cumulative projections at the levels assessed within the EIA
for all developments and including the emissions from the Cumberhead Wind Farm
development.   
The cumulative noise (at any time) from the wind turbines must not exceed a noise
level of 45dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the
greater, at the boundary of the curtilage of any financially involved noise sensitive
premises at all times at wind speeds of up to 12 metres per second at 10m height as
measured within the site.   
Prior to electricity being exported the wind farm operator shall submit to the Planning
Authority for written approval a list of proposed independent consultants who shall
undertake compliance and validation measurements to demonstrate compliance with
the levels above.  Amendments to the list of approved consultants shall be made only
with written approval of the Planning Authority.  The measurements shall be carried
out in accordance with ETSU-R-97 (with respect to current best practice) and
submitted to the Planning Authority for their approval.  Any variation determined from
the compliance and validation measurements shall be mitigated for in order to comply
with condition 1.0 above subject to agreement with the Planning Authority.  Where the
background levels cannot be established, the emission levels shall be based on those
submitted within the EIA Report (September 2018). 
Where the tonal noise emitted by the development exceeds the threshold of audibility
by between 2dB and 6.5dB or greater, then the acceptable noise specified in condition
38 shall be reduced by the penalty level identified within section 28 of 'The Assessment
and Rating of Noise from Wind Farms- ETSU-R-97 (See Figure below).  The definition
of audibility for the purposes of this condition shall be as described in ETSU-R-97.  The
penalty shall only apply at properties where the tonal noise is measured and shall only
relate to the wind speeds at which the tonal noise occurs at.   
At the reasonable request of the Planning Authority and following a complaint to it
relating to noise emissions arising from the operation of the wind farm, the wind farm
operator shall appoint an independent noise consultant, whose appointment shall
require to be approved by the Planning Authority, to measure the level of noise
emission from the wind farm at the property to which the complaint related.  The
measurement and calculation of noise levels shall be undertaken in accordance with
ETSU-R-97 having regard to paragraphs 1 to 3 and 5 to 11 inclusive of the schedule
on Pages 95 to 97 inclusive, and Supplementary Guidance Notes to the Planning
Obligation pages 99 to 109 of ETSU-R-97.  The Planning Authority shall inform the
wind farm operator whether the noise giving rise to the complaint contains or is likely
to contain a tonal component or an amplitude modulation.  
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Where an assessment of any noise impact is, in the opinion of the Planning Authority
acting reasonably, found to be in breach of the noise limits the developer shall carry
out mitigation measures to remediate the breach so caused.  Details of any such
mitigation measures required are to be submitted to the Planning Authority for prior
approval.  Within 21 days of a written request by the Local Planning Authority, following
a complaint to it from a resident alleging noise disturbance at the dwelling at which
they reside and where Excess Amplitude Modulation (AM) is considered by the Local
Planning Authority to be present in the noise emissions at the complainant's property,
the wind farm operator shall submit a scheme, for the approval of the local planning
authority, providing for the further investigation and, as necessary, control of Excess
AM.  The scheme shall be based on best available techniques and shall be
implemented as approved.   
Reason: In the interests of amenity. 
07. The applicant shall ensure that all works carried out on site must be carried out in
accordance with the current BS5228, 'Noise control on construction and open sites'. 
The applicant shall further ensure that audible construction activities shall be limited
to, Monday to Friday 7.00am to 7.00pm, Saturday 7.00am to 1.00pm and Sunday - No
audible activity with no audible activity taking place on Sunday, local and national bank
holiday - without prior written approval of the Planning Authority.   
Under exceptional conditions the above time restrictions may be further varied subject
to written agreement with the council as Planning Authority.   
Reason: To minimise disturbance to residents in the vicinity of the wind farm. 
08. That at times during which Borrow Pits are operational, then the noise levels shall be
restricted to 55dB LA eq (1hr) or background LA90 (1hr) + 10dBA, whichever is the
lesser and any general construction noise, which is ongoing simultaneously with the
Borrow Pit operation, shall be considered as Borrow Pit noise.  The level has been
derived from PAN 50 Annex A Controlling the Environmental Effects of Surface Mineral
Workings Annex A: The Control of Noise at Surface Mineral Workings. 
Details of any blasting at borrow pits should be included with a method statement and
relevant reports as necessary.   
Reason: To minimise disturbance to residents in the vicinity of the wind farm. 
09. No blasting shall take place until such time as a blasting method statement has been
submitted to and approved in writing by the Planning Authority. 
The method statement shall include details of measures required to minimise the
impact of blasting on residential and other noise-sensitive properties in the vicinity of
the site.  It shall also include the following measures:-   
- Blasting shall be carried out using the best practicable means of ensuring that the
resultant noise, vibration and air overpressure are minimised;   
- Blasting techniques and instantaneous charge levels shall be employed such that
the predicted peak particle velocity shall not exceed 6 mm/s in any plane in 95% of all
blasts, and no individual blast shall exceed a peak particle velocity of 12 mm/s as
would be measured on the ground adjacent to any vibration-sensitive building;  
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- Under normal atmospheric conditions, the peak linear overpressure level shall not
exceed 120dB as measured from any neighbouring noise sensitive premises;   
- Within the constraints of safe practice, blasting shall be avoided under weather
conditions which are likely to direct or focus the blast air overpressure towards
neighbouring noise sensitive properties;   
- Blasting shall thereafter be carried out in accordance with the approved method
statement, unless otherwise agreed in writing with the Planning Authority.   
No blasting shall take place except between the following times:- 
10.00 - 12.00 and 14.00 - 16.00-Mondays to Fridays and; 
10.00- 12.00 Saturdays.   
Reason: To minimise disturbance to residents in the vicinity of the wind farm. 
10. A detailed Traffic Management Plan (TMP) including a Travel Plan, has the written
approval of the Council as Planning and Roads Authority, and requires to be fully
adhered to and implemented.     
Should there be any changes in construction and decommissioning related activities
where these will have an impact on the approved TMP the developer will consult with
the Council and Police Scotland to agree in writing any changes to the TMP, and
thereafter adhere to and implement the agreed changes.   
Reason: In the interests of road safety and in order to retain effective planning control. 
11. A Construction Environmental Management Plan (CEMP) including Construction
Method Statement, Waste Management Plan and Pollution Prevention Plan has been
submitted to and approved by the Planning Authority in consultation with SEPA and
Scottish Natural Heritage (SNH).  All the measures described in the approved plan
shall be implemented. 
Reason: To ensure compliance with all commitments made in the Environmental
Statement and in order to retain effective planning control. 
12. The mitigation measures identified in the Peat Landslide Hazard and Risk Assessment
(PLHRA) require to be implemented unless otherwise agreed with the Planning
Authority in consultation with SEPA.   
Thereafter the approved mitigation proposals shall be incorporated in a geotechnical
risk register which will identify Hazard Ranking and be implemented in full.  During the
period of consent, all excavations shall be suitably supported to prevent collapse and
where peat is present to prevent the development of tension cracks.  Peat removed
from drainage ditches as part of maintenance shall be considered as excavated peat.   
Reason:  To minimise the risk of peat failure arising from the development. 
13. A method statement has been submitted to and approved in writing by the Planning
Authority, detailing all mitigation measures to be delivered to secure the quality,
quantity and continuity of water supplies to properties which are served by private
water supplies at the date of this consent and which may be affected by the
Development.  A water level and quality monitoring programme will be undertaken
prior to any construction and during construction.  The method statement shall include
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water quality sampling methods and shall specify abstraction points.  The approved
method statement shall thereafter be implemented in full.   
Reason:  To maintain a secure and adequate quality water supply to all properties with
private water supplies which may be affected by the development. 
14. A fish and macroinvertebrate monitoring plan has been submitted to the Planning
Authority and Marine Scotland Science setting out the steps that shall be taken to
monitor the environmental effects of the development, during the construction phase,
operational phase and decommissioning phase.  The methodology of such monitoring
including locations frequency, gathering of information on background levels, etc shall
be submitted to the Planning Authority in consultation with Marine Scotland Science
for approval and thereafter, the plan shall be implemented to the satisfaction of the
Planning Authority in consultation with Marine Scotland Science, and the results of
such monitoring shall be submitted to the Planning Authority and Marine Scotland
Science on request.   
Reason:  To ensure protection of water bodies and protection for salmonid populations
within and downstream of the development area. 
15. Each turbine shall be erected in the position indicated.  At least 1 month prior to the
construction of turbine foundations a variation of the indicated position of any turbine
on the approved drawing shall be notified on the following basis: (a) if the variation is
less than 25 metres it shall only be permitted following the approval of the Ecological
Clerk of Works (ECoW) in consultation with SEPA and West of Scotland Archaeology
Service (b) if the variation is of between 25 metres and 50 metres it shall only be
permitted following written approval of the Planning Authority in consultation with
SEPA and West of Scotland Archaeology Service.  The said provisions relating to
variation shall not have the effect such that any variation will:- 
- bring a turbine within 1000m of a non-involved residential property 
- bring a turbine outwith the planning application boundary 
- breach the 50m water buffer zones.   
Reason:  In the interests of amenity and in order to retain effective planning control. 
16. That during the construction of the development:- 
a) All works shall be carried out in a manner consistent with The Water Environment
(Controlled Activities) (Scotland) Regulations 2005 
b) No work shall be undertaken within a 50 m buffer zone surrounding all watercourses
and known functioning drains, with the exception of access route crossings, unless
otherwise agreed in writing with the Planning Authority. 
c) Track layout shall minimise disruption to water courses 
d) Existing drainage routes shall be maintained through sensitive placement of soil
heaps and where necessary temporary drains. 
e) Silt traps shall be provided on all existing drainage routes affected by site works. 
f) Watercourses shall not be culverted.  Bridge crossings shall be used instead of
culverts and a suitable design shall be put forward and agreed in writing with the
planning authority in consultation with SEPA. 
g) Any disturbance of watercourses shall be minimised utilising cofferdam temporary
works. 
h) Cable trenches shall only be constructed in limited sections to reduce drainage of
groundwater and prevent additional drainage routes being created. 
i) Cable trenches shall be plugged to prevent the creation of new drainage paths.
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j) The scheduling of works shall minimise disruption and working during wet weather 
k) Temporary works interception drains shall be constructed to prevent potential
contamination of runoff and groundwater 
l) Stockpiling of materials on wet ground and near drainage channels shall not take
place, unless agreed in writing with the Planning Authority 
m) Backfilled trenches shall be re-vegetated 
n) Temporary silt traps shall be constructed to treat runoff 
o) Sulphate resistant concrete shall be used to prevent leaching of chemical. 
p) Should any material be proposed to be removed from the site the applicant shall
notify the Council.  Any such notification shall include details of the proposed traffic
routes and phasing of such operations all for the approval of the Council as Roads
Authority. 
Reason:  To ensure compliance with all commitments made in the Environmental
Statement and in order to retain effective planning control. 
17. Within 3 months of commissioning the approved wind farm the applicant shall submit
to the Planning Authority an "as built plan" at an appropriate scale indicating the
location of any track, turbine, crane pad and grid building within the development.   
Reason:  In order to retain effective planning control. 
18. No part of any turbine shall be erected above ground until Primary Radar Mitigation
Schemes agreed both with the Operator and Glasgow Airport have been submitted to
and approved in writing by South Lanarkshire Council, in consultation with the
Operator and Glasgow Airport, in order to avoid the impact of the development on the
Primary Radars of the Operator located at Lowther Hill and Cumbernauld and
associated air traffic management operations and to prevent the impairment of the
performance of aerodrome navigation aids and the efficiency of air traffic control
services at Glasgow Airport.   
Reason: In the interest of public safety  
19. No part of any turbine shall be erected above ground until the approved Primary Radar
Mitigation Schemes have been implemented and the development shall thereafter be
operated fully in accordance with such approved Scheme as referred to in condition
18. 
For the purpose of this condition and condition 18; 
"Operator" means NATS (En Route) plc, incorporated under the Companies Act
(4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15
7FL or such other organisation licensed from time to time under sections 5 and 6 of
the Transport Act 2000 to provide air traffic services to the relevant managed area
(within the meaning of section 40 of that Act). 
"Primary Radar Mitigation Scheme" or "Scheme" means a detailed scheme agreed
with the Operator and Glasgow Airport which sets out the measures to be taken to
avoid at all times the impact of the development on the Lowther Hill and Cumbernauld
primary radars and air traffic management operations of the Operator and Glasgow
Airport   
Reason: In the interest of public safety.  
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20. In the event of any turbine, or group of turbines, failing or being no longer required for
electricity generation, or any other reason, for a continuous period of 12 months,
unless otherwise agreed with the Planning Authority, the turbine(s) shall be replaced
(in the case of failures), or dismantled and removed.  In the case of removal, that part
of the site accommodating the turbine, the turbine pad and access roads shall be
reinstated within three months of the end of the twelve month period of non-generation
in accordance with a scheme agreed with the Council as Planning Authority, all to the
satisfaction of the Council.   
Reason:  In the interests of amenity and in order to retain effective planning control. 
21. That outwith the lighting required through condition 26 below, the development site
shall not be illuminated by lighting unless:- 
a)  the Planning Authority has given prior written approval 
b) lighting is required during working hours which has been approved by the Planning
Authority; or 
c)  an emergency requires the provision of lighting   
Reason:  In the interests of amenity and in order to retain effective planning control. 
22. There shall be no Commencement of Development unless the Planning Authority has
approved in writing the terms of appointment by the Company of an independent
Environmental Clerk of Works (ECoW).  The terms of the appointment shall include
the ECoW to be appointed prior to commencement of development, remaining
appointed until the final commissioning of the development.  The scope of work of the
ECoW shall include, but not be limited to:- 
a) monitoring compliance with the ecological mitigation works that have been approved
in this consent, including the mitigation measures identified in the Environmental
Impact Assessment Report dated September 2018; 
b) advising the developer on adequate protection of nature conservation interests on
the site; 
c) directing the micro siting and placement of the turbines, bridges compounds and
tracks; and 
d) monitoring compliance with the Construction Environmental Management Plan as
required by condition 10.   
A minimum of 2 months prior to the commencement of development an Ecological
Mitigation Strategy (EMS) shall be prepared and submitted for approval to and
approved by the Planning Authority in consultation with NatureScot.  The EMS shall
include the mitigation measures set out in the Environmental Statement.   
Reason: To secure effective monitoring compliance with the environmental mitigation
and management measures associated with the development. 
23. Three months prior to the commencement of decommissioning an Ecological Clerk of
Works (ECoW) shall be appointed by the Company and approved by the Planning
Authority until the completion of aftercare or such earlier date as may be agreed in
writing by the Planning Authority.  The scope of work of the ECoW shall include those
elements identified in condition 25.  
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Reason:  To secure effective monitoring of and compliance with the environmental
mitigation and management measures set out in the Environmental Statement and
associated plans. 
24. A Habitat Management Plan (HMP) for the entire application site has been approved,
in consultation with RSPB and NatureScot.   
The HMP includes the following and takes into account recommendations in SNH letter
dated 22 November 2018 including the attached SNH letter dated 28 August 2015:- 
i. Wet heath restoration 
ii. Native broadleaved scrub restoration 
iii. Habitat monitoring 
iv. Raptor monitoring programme 
v. Additional habitat enhancements - off-site compensatory planting, habitat piles,
watercourse protection and improvements to upstream access, blanket bog
improvements, protect and enhance biodiversity 
vi. monitoring at the site to collate any bird collisions 
vii. confirm the significance of the losses 
viii. identify any potential mitigation to minimise the potential for bird strike 
ix. monitor flight paths of SPA species and other species and recommend any
mitigation measures required for approval of the Habitat Management Group. 
x. Ground management programme 
xi. Vegetation clearance should not be carried out between April to July inclusive to
avoid impacts on breeding birds unless otherwise agreed with the Planning Authority. 
xii. The establishment of a Habitat Management Group (HMG) to oversee the
preparation of the approved Habitat Management Plan.  The HMG shall include a
representative of South Lanarkshire Council and RSPB and shall have powers to make
reasonable changes to the HMP necessary to deliver its agreed aims.   
All works shall be implemented strictly in accordance with the terms of the approved
HMP and within the timescales set out in the approved HMP. 
Reason: To safeguard habitat and to ensure development conforms to Environmental
Statement and maintain effective planning control. 
25. That vehicle reversing alarms for on-site plant should utilise non-tonal reversing alarms
where activities are in close proximity to noise sensitive premises.  Details of
alternative warning devices shall be submitted to and approved in writing by the
Council as Planning Authority prior to development starting on site.  Efficient silencers
shall be fitted to, used and maintained in accordance with manufacturers' instructions
on all vehicles, plant and machinery used on the development site. 
Reason:  In the interests of amenity. 
26. The requirement to meet MoD aviation lighting, approved in writing by the Planning
Authority, in consultation with MoD, shall be implemented and maintained over the life
of the wind farm.  For the avoidance of doubt the turbines at 149.9 metres are to be
fitted with 25 candela omni-directional red lighting or infrared aviation lighting with an
optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration, and
cardinal turbines shall be fitted with 25 candela red and IR combination lighting at the
highest practicable point, or as agreed in writing with MoD.  The turbines at 180metres
shall be fitted with aviation lighting in accordance with Article 219 of the Air Navigation
Order.  
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The developer shall provide the MoD with the 'as built' turbine locations within 1 month
of installation of turbine erected. 
Reason:  In the interests of public safety. 
27. There shall be no commencement of development until a scheme for the avoidance
or mitigation of any shadow flicker experienced by residential and commercial
properties situated within 10 rotor diameters of any turbine forming part of the
development and which lawfully exist or for which planning permission has been
granted at the date of this consent has been submitted to and approved in writing by
the Planning Authority.  The approved mitigation scheme shall thereafter be
implemented in full and maintained as such for the lifetime of the development hereby
approved.   
Reason:  In the interests of amenity. 
28. That no felling and replanting shall be allowed on site until a felling and replanting
strategy has been submitted for the written approval of the Council, as Planning
Authority in consultation with Forest and Land Scotland.  Once approved the felling
and replanting strategy shall be carried out as such and thereafter maintained as such
for the lifetime of the development, hereby approved.  For the avoidance of doubt no
planning approval is granted for the felling identified in Plan 5a of the EIA Report dated
September 2018.   
Reason: In order to define the terms of the consent. 
29. A detailed Access Strategy (AS) has received the written approval of the Planning
Authority.  The applicant shall adhere to and implement the AS within the timescales
set out.  Proposals shall incorporate and identify the Council's Core Path and Wider
Network and provide signage where the network identifies links.     
Reason:  In the interests of amenity and recreation in order to retain effective planning
control. 
30. Only mechanical means of snow clearance shall be used to clear access tracks, and
no use of chemicals or salt, unless otherwise agreed in writing by the Planning
Authority.   
Reason:  To minimise the environmental impact of snow clearing operations by
avoiding the use of chemicals or salt without explicit approval. 
31. The development to which this permission relates shall be begun no later than the
expiration of three years beginning with the date of grant of this decision notice.   
Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland)
Act 1997 (as amended). 
12. Reason for Decision
12.1. The proposals to extend the lifespan of a wind farm development that already benefits
from planning consent by an additional 5 years are considered acceptable, subject to
the imposition of the previous suite of applicable environmental conditions.  The
amended lifespan of the wind farm would allow an additional 5 years of renewable
energy to be generated, is not considered to result in any adverse impacts in relation
to the previous consented development, accords with policies 1, 2, 3, 4, 5, 11 and 29
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of the National Planning Framework 4, and with policies 1, 2, 4, 5, 14, 15, and 18 of
the adopted South Lanarkshire Local Development Plan 2 and its supporting planning
guidance on Renewable Energy. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/22/0878 | Erection of 14 wind turbines (12 no. with a 149.9m maximum height to tip and 2 no. with
a 180m maximum height to tip) with a maximum output of up to 50MW and associated infrastructure
including substation, control building, crane hardstandings, underground cabling, transformer
enclosures, temporary construction compounds, borrow pits, permanent wind monitoring mast and
new and upgrading of existing access tracks (Section 42 application to amend condition 3 of planning
permission P/18/1540, to permit operational lifetime for a 30 year period) | Cumberhead Wind Farm
Stockbriggs From New Trows C13 To Cumberhead Lesmahagow Lanark (southlanarkshire.gov.uk) 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/22/1359
Proposal:  Change of use of domestic office and gym to a one-bedroom self-
catering holiday let (retrospective)
Site Address:  3 Mauldslie Castle Orchard
Mauldslie Road
Carluke
ML8 5FJ
Applicant:  Mr Archie Loudon
Agent:  David Haire
Ward:  01 Clydesdale West
Application Type:  Full Planning Permission
Advert Type:  Non-notification of neighbours
Development Plan
Compliance: 
Yes 
Departures:  n/a
Recommendation:  Grant subject to conditions
Legal Agreement:  n/a
Direction to
Scottish Ministers 
n/a 
9
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1. Reason for Report
1.1. The application is required to be determined by the Planning Committee under Clause
4.1 of the Decision-Making Process 2015: any application which has attracted more
than five objections. 
2. Site Description
2.1. The application site is an existing one and a half storey, residential garage set within
the curtilage of a detached residential property within a newly established small
housing development within the Mauldslie Estate approximately 200m to the north of
Rosebank on the opposite side of the River Clyde. 
2.2. The garage comprises parking for 3 cars on the ground floor with living
accommodation above.  The living accommodation is accessed via an internal stair
and comprises a living, kitchen area, bathroom and 1 bedroom.  The upper floor was
originally to provide a domestic office and gym space with bathroom facilities ancillary
to the main dwellinghouse.  Hardstanding is located to the front of the garage with
external parking for a minimum of 3 vehicles in front of the garage doors. 
3. Description of Proposed Development
3.1. The application seeks retrospective consent for the change of use of the upper floor
of the building to allow it to be used for a one-bedroom self-catering holiday let.  As
the proposals are to operate a short-term holiday let they are separate to the existing
domestic use of the property and as such are in a separate use class of their own
which requires planning permission. 
4. Relevant Planning History
4.1. The donor dwellinghouse is part of a 9 house development granted planning
permission in November 2013 (CL/13/0348).  Planning permission was granted in July
2019 under delegated powers for the erection of the detached triple garage with upper
floor office and gym, formation of retaining walls and raised patio with screen fence
(Planning Ref: P/19/0215). 
5. Supporting Information 
5.1. The application was submitted with a location and site plans and elevational drawings
of the garage including the internal layout. 
6. Consultations
6.1. Environmental Services – have no objections to the proposals and do not
recommend any conditions being attached to any permission, if granted.  Requested
that a standard advisory note relating to noise nuisance be attached to any permission
if granted.
Response: Noted. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, a total of 9
objections have been received from 8 separate third parties.  The issues raised are
summarised as follows:- 
 Increase in traffic
 Road Safety – traffic speeds
 Road Safety – inadequate access
 Impact on wildlife through traffic
 Pedestrian safety
 Late night / early morning activity
 Noise disturbance
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 Impact on amenity
 Garage restricted to domestic use 
The above issues will be considered in the assessment below and full copies are
available to view on the planning portal. 
8. Development Plan
8.1 Section 33 of the Town and Country Planning (Scotland) Act 1997 allows a Planning
Authority, should they be minded, to grant planning permission to a development
including development that has already been carried out (i.e. in retrospect).  Therefore,
the retrospective nature of this application does not prohibit the Council, as Planning
Authority, to carry out a detailed assessment of the planning application as required
under Section 25 of the Town and Country Planning Act 1997. 
8.2. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.3. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places and productive places. 
National Planning Framework 4 Policies 
Policy 1 - Tackling the climate and nature crisis
Policy 2 - Climate mitigation and adaptation
Policy 8 – Green belts
Policy 30 – Tourism 
8.4. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council will, therefore,
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).   
8.5. In this regard the application site and associated proposals are affected by the
following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
Policy 2 - Climate Change
Policy 4 – Green Belt and Rural Area
Policy 5 - Development Management and Placemaking 
SLLDP2 Volume 2 Policies
Policy GBRA2 – Business proposals in the Green Belt and Rural Area 
South Lanarkshire Council (SLC) Supporting Planning Guidance
Development at a Dwellinghouse 
9. Guidance
9.1. None  
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10. Assessment and Discussion
10.1. Introduction
The main issues to be addressed in the determination of this application includes the
acceptability in principle of the proposed development, impact upon amenity and an
assessment of technical matters.  The policies contained within National Planning
Framework 4 and the South Lanarkshire Local Development Plan 2 are the main
consideration in this case, together with an assessment of any other material planning
considerations. 
10.2 Principle of Development 
The application site is located within a small residential group identified as lying in the
Green Belt in the adopted South Lanarkshire Local Development Plan 2.  NPF4 Policy
8 Green Belts is a high-level strategic policy designed to encourage, promote and
facilitate compact urban growth and use the land around towns sustainably.  It sets
out a range of uses that may be supported and they include tourism uses. 
10.3 SLLDP2 Policy 4 – Green Belt and Rural Area states that the purpose of the Green
Belt is to direct development to the most appropriate locations and support
regeneration, protect and enhance the character, landscape setting and identity of the
settlement and protect and provide access to open space.  Policy GBRA2 defines uses
that are considered appropriate in the Green Belt and they include holiday
accommodation. 
10.4 The proposals do not involve an extension or alterations to the building and, as such,
they do not impact on the objectives of the Green Belt or the environmental quality of
the area.  In view of this, it is considered that the principle of the change of use of part
of an existing building accords with the relevant policies of the Development Plan
subject to detailed assessment as set out below. 
10.5 Climate Change
Policies 1 and 2 of NPF4 identify that: development shall take account of the global
climate and nature crises; and that development should minimise emissions and be
adapted to take account of current and future climate risks.  In addition, Policy 2 –
Climate Change in SLLDP2 states that all new development proposals should seek to
minimise and mitigate against the effects of climate change.  In this instance, the
proposal is only for the change of use of an existing building which makes use of
existing services.  The site is not at risk of flooding and there would be no adverse
impacts on biodiversity, soils or air quality of the blue/green network.  The site is within
walking distance of a bus route on the A72. 
10.6 Impact Upon Amenity
NPF4 Policy 30 - Tourism states that the reuse of existing buildings for short term
holiday letting will not be supported where the proposal has an unacceptable impact
on local amenity or the character of the area, or where the proposal would result in the
loss of residential accommodation where such loss is not outweighed by
demonstratable local benefits.  SLLDP2 Policy 5 states that all proposals require to be
well designed and integrated with the local area and that proposals should have no
unacceptable significant adverse impacts on the local community and environment.  It
provides a checklist of amenity issues that will be considered in the assessment of
development proposals.  In support of Policy 5, the Supporting Planning Guidance:
Carrying out Development at a Dwellinghouse, contains detailed guidance on short
term lets and provides a list of matters to be considered in the assessment of any
planning application for such a proposed use.  These matters relate to residential
amenity, waste collection/disposal, car parking and the use of garden ground.  This
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guidance also states that only a temporary consent is likely to be approved for such a
use, for 10 years, after which time the use of the property would revert to residential
use.   
10.7 It is considered that the scale of the property with one bedroom and a shared kitchen/
living area minimises the number of users that can stay at any one time which in itself
adds an element of control to the use and numbers of each short-term let.  The location
of the property is set within the residential grounds of an existing dwellinghouse and
does not share an access or grounds with any separate third party residential property
which again naturally limits the impact of the short-term use on the amenity of the area. 
The location within the curtilage of an existing residential property introduces an
element of self-control for the short-term use as the operator would generally be on
site and the accommodation is a recognised part of the curtilage of an occupied,
residential property.  An area of hardstanding to the front of the property provides at
least 3 spaces to ensure cars are parked within the curtilage of the host property and
not in any public or shared areas.  The proposals do not involve the loss of residential
accommodation as, in this instance, the proposals relate to an existing building that is
ancillary to the residential use of the host property and not a dwellinghouse in its own
right. 
10.8 Informally as part of the planning application process, the applicant has submitted a
statement which describes the management of the activity.  Guests are only allowed
to stay when the operator is in residence in the host property; guests with campervans
are not permitted; parking is provided; detailed directions to the property are given as
part of the booking; bookings are limited to two adults only at a time or an adult with a
child over 16; and that the keys are required to be collected from the operator in person
at check in.  It is considered that these practices would ensure that any impact on the
surrounding amenity of the area would be kept to a minimum. 
10.9 It is considered that the scale and location of the proposals within the curtilage of an
occupied residential property would not result in its use for short-term lets having a
significant, adverse impact upon the surrounding amenity of the area subject to it being
suitably managed by the applicant.  The impact upon amenity and the character of the
area would not be significantly changed by short term-lets of the scale proposed in a
one-bedroom property with a small living/ kitchen area of this size.  The scale of the
proposals would not result in the generation of waste on a commercial basis and it is
considered that any waste could be managed as part of the host property’s domestic
waste collection.  The proposals are for a change of use of an existing building and
there is no impact upon the level of garden ground provision in relation to the host
property.  It is therefore considered that the proposals accord with the relevant policies
of the Development Plan in this instance. 
10.10 Technical Matters
From 1 October 2022 all new short-term let hosts and operators were required to have
a licence with all existing hosts or operators requiring a licence by 1 October 2023. 
Whilst separate to the Planning System, it is noted that the licence considerations
include whether the applicant is ‘fit and proper’, the condition of the premises in
relation to fire safety and occupancy numbers.  It is therefore noted that as well as
planning permission, the operation of this short-term let would also require separate
controls through its licence in relation to safety and management concerns. 
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10.11 Other Concerns Raised
In relation to the garage being restricted to domestic use, the only conditions attached
to the permission for the garage related to external finishes and a screen fence.  In
relation to the remaining road safety concerns, it is considered that there is no tangible
evidence linking the operation of a short-term let that utilises an existing road in relation
to an impact upon wildlife. 
10.12 Conclusion 
In conclusion it is considered that, as the proposals do not involve any new physical
development and are for the change of use of an exiting building to a use considered
appropriate in the countryside, they do not have any strategic implications nor
undermine the Green Belt policy aims in either NPF4 or the SLLDP2 and therefore are
acceptable in principle.  The scale and nature of the proposals naturally limit the impact
they can have on the amenity of the surrounding area.  It is therefore recommended
that approval is granted subject to conditions.   
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Grant subject to conditions:-   
01. That the permission hereby granted is for a temporary period only and shall expire ten
years from the date of this decision notice.  For the avoidance of doubt, at the expiry
of this permission the property will revert to being ancillary, domestic accommodation
to the host property, unless an application is submitted to and approved by the Council
as Planning Authority.   
Reason: To safeguard the amenity of the area. 
02. The short term let hereby approved shall be used solely as temporary holiday/letting
accommodation and shall not be used as a permanent residential unit without the prior
express grant of planning permission by the planning authority.  The short term let
shall not be sold, let or occupied as a person's sole or main residence. 
Reason: To ensure that the accommodation does not become occupied by long term
or permanent residents without the express grant of planning permission and to ensure
compliance with local plan policy. 
12. Reason for Decision
12.1. The proposal complies with Policies 1, 2, 8 and 30 of the National Planning Framework
4 (adopted 2023), Policies 2, 4 and 5 of the South Lanarkshire Local Development
Plan 2 (adopted 2021) and South Lanarkshire Council's Supporting Planning
Guidance: Development at a Dwellinghouse and will not result in any significant
detrimental impact on residential amenity.  There are no other material considerations
which would justify the refusal of planning permission. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/22/1359 | Change of use of domestic office and gym to a one bedroom self catering holiday let
(retrospective) | 3 Mauldslie Castle Orchard Mauldslie Road Carluke ML8 5FJ
(southlanarkshire.gov.uk)
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Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/0069
Proposal:  Installation of battery storage facility (S36 Scottish Government
Consultation) 
Site Address:  Land at Broken Cross Open Cast Coal Site (OCCS)
Tower Road
Douglas
Lanark 
Applicant:  Alcemi Storage Developments 6 Limited 
Agent:  RPS Group
Ward:  04 – Clydesdale South
Application Type:  Electricity notification S36 application
Advert Type:  None required
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  1. That the Scottish Government Energy Consents Unit is informed
that South Lanarkshire Council has no objection to the granting of
consent under Section 36 of the Electricity Act 1989; and 
2. That the Head of Planning and Regulatory Services be authorised
to undertake any discussions with the Scottish Government Energy
Consents Unit including in relation to conditions to be attached to
the consent if required. 
Legal Agreement:  The Scottish Government is also advised that approval should be
subject to the conclusion of a legal agreement(s) covering:-  
1. The provision of a temporary overbridge solution for passage of
all abnormal loads requiring to cross the B7078 Poniel Bridge
and to cover the repair of any damage to roads and bridges
arising from extraordinary wear and tear associated with the
construction of the development. 
10
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Direction to
Scottish Ministers
N/A  
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1. Reason for Report
1.1. The application is required to be determined by the Planning Committee under Clause
5.1 of the Decision-Making Process 2015: all national and major planning applications
(Construction of an electricity generating station which has the capacity of or exceeds
20 Megawatts). 
2. Site Description
2.1. The application site extends to approximately 21.5 hectares in area and comprises of
vacant land that was formerly part of the Broken Cross Open Cast Coal Site.  The site
also includes 2 vacant storage buildings, a number of settlement ponds and an access
road.  The site is located within the rural area approximately 4 km to the southeast of
Lesmahagow, 3.3 km to the south of Hawksland, 2.5km to the northwest of Rigside
and Douglas Water, and 3.4 km to the northeast of Coalburn.  Land associated with
the former Broken Cross Open Cast Mine, currently being redeveloped for the erection
of 10 no. wind turbines (149.9 metre blade tip height) (Planning Ref: P/19/1636)
adjoins the site to the north and west, whilst rolling agricultural land and interspersed
areas of coniferous woodland adjoin the site to the south and east. 
3. Description of Proposed Development
3.1. An application has been made to the Scottish Government under Section 36 of the
Electricity Act 1989 for the construction and operation of a battery energy storage
facility with a maximum power output of up to 1 Gigawatt, which involves the creation
of 10 platforms (each 5,610 metres sq) to house the battery storage units each with
the ability to accommodate a 15 metre high building to house the battery units.  The
submitted proposals comprise of the following:- 
 cut and fill earthworks to provide suitable topography for development, landscape
and drainage purposes;
 a compound for the relevant transmission licensee;
 security gates and closed circuit television (CCTV);
 access using the existing access road, internal access and circulation roads that
served the OCCS;
 drainage infrastructure, landscape, and ecological planting;
 creation of ‘platform(s)’ to support the energy storage systems;
 energy storage systems and associated infrastructure consisting of:- energy
storage modules; − heating, ventilation and air conditioning (HVAC) equipment; −
fire suppression equipment; − cooling plant; − control and protection apparatus; −
switchgear apparatus; − inverters or power conversion system; − transformers; −
metering equipment; − cabling and connection to the RTL compound;
 welfare facilities. 
3.2 The proposals are to allow for the storage of energy at times when generating stations
are working at full capacity which can then be released when additional power is
needed within the grid during peak times or when energy generation has dropped.  As
more energy sources are now renewable, such as wind and solar, balancing
generation versus demand is a critical issue for grid stability.  Battery storage allows
energy to be stored during peak renewable generation periods and released when
demand outstrips generation.  In short, the proposed battery takes in generated
electricity when there is a surplus and stores it until there is a demand for electricity
which can be released to meet this demand. 
3.3 It should be noted that the energy stored within the batteries will be from all available
sources.  However, renewable energy production has the most variable rates of output
and, therefore, whilst the electricity transmitted to the batteries may not solely be
renewable, it’s storage and subsequent release when needed is considered to meet
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the need for grid stability due to the further reliance on renewable energy.  The battery
storage is therefore classed as renewable electricity infrastructure given the increased
need for grid stability as renewable energy generation increases.  As more traditional
energy sources such as coal and gas are being decommissioned and renewable
energy sources are replacing them, balancing generation versus demand is becoming
more critical due to the more sporadic nature of renewable energy development.  Grid
stability is essential as the transition to renewable energy continues and battery
storage is therefore considered an essential part of this need for ongoing grid stability. 
3.4 The proposed storage capacity of the facility is up to 1 Gigawatt and is therefore of a
scale (over 50MW) that requires consent through the Electricity Act, with the Scottish
Government as the Consenting Authority.  In this instance, the Council is a Consultee
to the application process and not the Consenting Authority. 
3.5 On 27 August 2020, the Scottish Government’s Chief Planner issued a letter in relation
to electricity storage and the consenting regime.  In this letter the Chief Planner stated
that the Scottish Government considers that a battery installation generates electricity
and is therefore to be treated as a generating station. 
4. Relevant Planning History
4.1. The application site is currently comprised of vacant land, however, it has been subject
to several extant planning permissions, as set out below. 
4.2 Planning permission was granted for the extraction of coal by opencast and augering
methods at the wider Broken Cross OCCS site in June 2001, under planning ref:
CL/98/0451.  An application to amend condition 5 of CL/98/0451 to permit the export
of fireclay was approved in June 2003, planning ref: CL/03/0018.  A southern
extension to the Broken Cross OCCS, involving additional soil storage areas, the
extraction of coal and fireclay from an extended extraction area and a revised phasing
and restoration plan was approved in April 2005, planning ref: CL/04/0827.  A further
application to vary the approved working scheme (variation to CL/98/0451) was also
approved in April 2005, planning ref: CL/05/0054.  Planning permission was then
approved to modify the planning obligation attached to CL/04/0827 in January 2013,
under planning ref: CL/12/0526.  In 2018, planning permission was then approved to
modify the planning obligation at Broken Cross OCCS, to remove land at Tower Farm. 
4.3 The current application site was subject to a planning application approved in July
2016 for the change of use of a temporary coal processing area to allow storage of
industrial plant equipment, under planning ref: CL/16/0197. 
4.4 As stated above, planning permission for a wind farm comprising of 10 no. turbines,
all at a maximum height to tip of 149.9 metres (Planning Ref: P/19/1636) was initially
approved by the Planning Committee on 25 August 2020, subject to a legal
agreement.  The legal agreement was subsequently completed, and final permission
issued in April 2021, with works currently underway on site to implement the consent. 
The current application seeks to utilise the same private vehicular access from the
edge of the public road network. 
5. Supporting Information 
5.1. The applicant has submitted a number of supporting documents with the application,
including a supporting planning statement, heritage assessment, ecology impact
assessment/surveys, climate risk report, cumulative impact assessment, drainage
strategy, greenhouse gas report, ground conditions report, engagement strategy and
a fire risk report.   
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6. Consultations
6.1. Roads Development Management – have no adverse comments or objections to the
proposals subject to conditions relating to the following:- 
 The carrying out and submission of results of a speed survey at the site entrance
in order to verify that the existing sightlines from the existing access road onto
the public road are appropriate
 Submission of a Construction Traffic Management Plan for written approval
 A restriction on the route utilised by all construction traffic 
A Legal Agreement is also to be entered into to cover a temporary overbridge solution
for passage of all abnormal loads requiring to cross the B7078 Poniel Bridge and to
cover the repair of any damage to roads and bridges arising from extraordinary wear
and tear associated with the construction of the development. 
Response: Noted, any consultation response to the Scottish Government stating no
objection would recommend the above conditions to be attached to any consent and
requirement for a Legal Agreement. 
6.2  Environmental Services – no adverse comments or objections to the proposals,
subject to conditions setting noise limits, requiring a piling method statement (if piling
proposed), and dust mitigation and control measures to be submitted.
Response: Noted.  Appropriate conditions form part of the recommended consultation
response to the Scottish Government. 
6.3 Countryside and Greenspace – no adverse comments or objections to the
proposals.  
Response: Noted.   
6.4 West of Scotland Archaeological Service (WoSAS) – note that the site has been
subject to extensive levels of disturbance associated with the operation of the former
open cast coal extraction site at Broken Cross.  They therefore do not recommend the
need for any archaeological work.
Response: Noted. 
7. Representations
7.1. Statutory advertisement of the application was undertaken by the applicant in January
2023.  No representations have been made to the Council following this
advertisement. 
8. Development Plan
8.1. This application has been submitted to the Scottish Government under Section 36 of
the Electricity Act 1989, as it is development with a generating capacity of over 50MW. 
In this instance South Lanarkshire Council is a consultee to the application process
and is not the Consenting Authority.  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 instance, the application is made under the Electricity Act 1989 and
not the Planning Act and therefore the Development Plan does not have the primacy
it normally would for planning decisions, but it is still an important material
consideration in this instance and informs the Council’s consultation response.  The
development plan comprises the South Lanarkshire Local Development Plan 2 and
National Planning Framework 4 adopted by Scottish Ministers on 13 February 2023. 
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8.2. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places and productive places. 
National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 4 - Natural places
 Policy 5 - Soils
 Policy 11 - Energy
 Policy 29 - Rural development 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
The application site and associated proposals are affected by the following policies
contained in the South Lanarkshire Local Development Plan 2 (SLLDP2):- 
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 4 - Green Belt and Rural Area
 Policy 5 - Development Management and Placemaking
 Policy 14 - Natural and Historic Development
 Policy 15 - Travel and Transport
 Policy 16 - Water Environment and Flooding 
 Policy 18 - Renewable Energy 
SLLDP2 Volume 2 Policies
 Policy RE1 - Renewable Energy
 Policy DM1 - New Development Design
 Policy SDCC2 - Flood Risk
 Policy SDCC3 - Sustainable Drainage Systems 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 Renewable Energy (January 2021) 
9. Guidance
9.1. As stated above, on 27 August 2020 the Scottish Government’s Chief Planner issued
a letter in relation to electricity storage and the associated consenting regime.  In this
letter, the Chief Planner stated that the Scottish Government considers that a battery
installation generates electricity and is therefore to be treated as a generating station. 
10. Assessment and Discussion
10.1. This application has been submitted to the Scottish Government under Section 36 of
the Electricity Act 1989 as it is development with a generating capacity of over 50MW. 
In this instance South Lanarkshire Council is a consultee to the application process
and is not the Consenting Authority.  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 instance the application is made under the Electricity Act 1989 and
not the Planning Act and therefore the Development Plan does not have the primacy
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it normally would for planning decisions, but it is still an important material
consideration in this instance and informs the Council’s consultation response. 
10.2 In terms of National Planning Policy and Guidance, National Planning Framework 4
(NPF4) sets out the long-term vision for the development of Scotland through the
National Spatial Strategy.  NPF4 aims to meet Scotland’s climate ambition which will
require a rapid transformation across all sectors of the economy and society.  This
means ensuring the right development happens in the right place.  NPF4 Policy 1-
Tackling the Climate and Nature Crises states that there is a need to encourage,
promote and facilitate development that addresses the global climate emergency and
nature crisis, whilst Policy 2 – Climate Mitigation and Adaptation seeks to encourage,
promote and facilitate development that minimises emissions and adapts to the current
and future impacts of climate change.  The electricity transmitted for storage within the
proposed batteries will have come from a mixture of renewable and non-renewable
sources with the purpose of the batteries to ensure there is always grid stability.  As
renewable energy becomes more prevalent, grid stability becomes a significant issue
due to the intermittent nature of renewable energy generation.  As such it is considered
that the batteries purpose is intrinsically linked to renewable energy generation and
therefore can be viewed as renewable infrastructure to support the general principles
set out in NPF4 Policy 1 and 2. 
10.3 NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse loss, deliver positive
effects from development and strengthen nature networks.  Protected species surveys
were undertaken and the results were included with the various supporting documents
submitted.  With the exception of signs that badgers are using multiple areas of the
project site for foraging and burrowing, no evidence of protected species activity was
found within the site itself, however, it was noted that there was limited potential for
some protected species to use habitat within the area surrounding the application site,
and within the site itself, including otter, water vole, great crested newt and reptiles.  In
view of all of the above, it is therefore considered that the proposals accord with the
relevant criteria of this policy, subject to adequate protected species measures being
utilised. 
10.4 NPF4 Policy 4 - Natural Places seeks to protect, restore and enhance natural assets,
making best use of nature-based solutions.  The policy is primarily focused on
designated areas including Special Areas of Conservation, Special Protection Areas,
Sites of Special Scientific Interest (SSSI) and sites designated as a local nature
conservation site or landscape area.  The site is not affected by any of these
designations.  NPF4 Policy 5 – Soils seeks to protect carbon-rich soils, restore
peatlands, and minimise disturbance to soils from development.  The site has been
intensively developed previously and therefore this policy is not compromised by the
proposals. 
10.5 NPF4 Policy 11 – Energy seeks to encourage, promote, and facilitate all forms of
renewable energy development, including energy storage and distribution
infrastructure.  Development proposals for all forms of renewable, low carbon and zero
emissions are to be supported.  The policy sets out a range of criteria that proposals
should be assessed against to ensure the impact of the project design and mitigation
is addressed.  In this particular case, there would no impact on communities or
individual properties in terms of visual impact, noise and adverse effect on residential
amenity due to the isolated location of the site.  There would be no significant adverse
visual or landscape impacts as a result of the topography of the site and adjoining
land.  Access to the site would use the existing private road network that served the
OCCS.  The site is not located in proximity to any listed building, Conservation Area
or other historical asset that would be impacted upon by the proposals.  The
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application site is not located within any area considered to be at risk from river,
surface, or coastal flooding.  A Flood Risk Assessment and Conceptual Surface Water
Drainage Strategy has been submitted as part of the application.  This notes that the
site is not mapped as being at risk of flooding.  Sustainable drainage is proposed for
dealing with surface water and it is considered that this is acceptable, subject to the
design meeting the Council’s drainage design criteria.     
10.6 In terms of the adopted South Lanarkshire Local Development Plan 2 (SLLDP2) Policy
1 - Spatial Strategy, it states that developments that accord with the policies and
proposals of the development plan will be supported.  The application site is on land
designated as Rural within the SLLDP2, therefore Policy 4: Green Belt and Rural Area
is of relevance.  This policy states that the Rural Area functions primarily for agriculture
and other uses appropriate to the countryside.  Policy GBRA2 provides a list of uses
that are suitable in the Rural Area, including renewable energy proposals.  In addition,
this site has a history of being previously developed, including as part of a large scale
open cast coal extraction site, and as an industrial plant storage area.  Further, it is
immediately adjacent to an area that has extant planning permission for a 10 no.
turbines wind farm and as such cannot be considered to be isolated.  It is also in close
proximity of Coalburn North Substation (2.6km) and is within an area that has several
other large renewable energy developments within the locale which therefore allows
the minimum amount of transmission infrastructure to be required to connect the
battery proposals to the national grid.   
10.7 Policy 2 - Climate Change states that proposals for new development must, where
possible, seek to minimise and mitigate against the effects of climate change.  As
noted above, whilst the electricity transmitted for storage within the proposed batteries
will have come from a mixture of renewable and non-renewable sources, the purpose
of the batteries is to ensure there is always grid stability.  As renewable energy
becomes more prevalent, grid stability becomes a significant issue due to the
intermittent nature of renewable energy generation.  As such, it is considered that the
batteries purpose is intrinsically linked to renewable energy generation and therefore
can be viewed as renewable infrastructure to support increased renewable energy
generation.   
10.8  Policy 5 - Development Management and Placemaking states 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 design proposed is functional in form and involves the siting of 10
platforms (each 5,610 metres sq) to house the batteries.  Each platform would have
the ability to site a building to house the batteries, which would be up to 15m in height. 
It is considered that the scale and design of these proposed buildings is broadly similar
to those at a hydrogen facility that has planning permission close to the west of the
site, and to the existing animal feed factory further south from the site.  This would
result in the proposals being in keeping with the character of the immediate area,
helping to integrate them into the local landscape and ensuring that they would not
visually dominate or detract from the surrounding rural area. 
10.9 It is considered that functional battery storage buildings of the type proposed would
not detract from the amenity of the area and would be read as essential electricity
infrastructure, similar to the Coalburn North Substation, associated overhead power
lines and the wind turbines and associated works on the adjacent Broken Cross wind
farm site.  Screen planting is proposed to soften the proposals visual impact and help
with its integration into the existing landscape.  Overall, it is considered that the design
of the proposals would not be detrimental to the surrounding rural area, and the extent
of its visual impact would be minimised by the site’s chosen location on previously
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developed land.  In terms of the impact the proposals would have on the amenity of
the area, including air quality, it is noted that the proposals would not emit any gases
as part of the process and are in essence similar in nature to electricity substations. 
Environmental Services have reviewed the various supporting documents submitted
as part of the planning submission and have advised they have no adverse comments
or objections to the proposals.  The site is located in a rural area and there are no
immediate neighbouring, residential properties.  It is, therefore, considered that the
proposals accord with the relevant criteria of this policy. 
10.10 Policy 14: Natural and Historic Environment provides the context for assessing all
development proposals in terms of their effect on the character and amenity of the
natural and built environment.  The site is not located in proximity to any listed building,
Conservation Area or other historical asset that would be impacted upon by the
proposals.  As noted above, protected species surveys were undertaken, and the
results were included with the various supporting documents submitted.   
10.11 SLLDP2 Policy 15 ‘Travel and Transport’ requires that new development does not
impact upon any existing walking or cycle route and promotes sustainable travel,
where at all possible.  In this instance there are no walking or cycling routes affected
by the proposals.  In addition, the Council’s Roads Development Management Team
have offered no objection or adverse comments on the proposals, subject to the
conditions and legal agreement requirements outlined in 6.1 above. 
10.12 SLLDP2 Policy 18 ‘Renewable Energy’ is an overarching renewable energy policy and,
therefore, defers the detailed, development management consideration to the
Assessment Checklist for Renewable Energy Proposals contained within SLLDP2
Volume 2.  Volume 2 Policy RE1 Renewable Energy outlines the considerations,
criteria and guidance that must be taken into account for all renewable energy
proposals.  These are the Assessment Checklist contained with Appendix 1 of
SLLDP2, Volume 2, the Supporting Planning Guidance on Renewable Energy, the
South Lanarkshire Landscape Capacity for Wind Energy 2016 (as amended by the
Tall Wind Turbines Guidance 2019) and other relevant SLLDP2 Policies.  It is noted
that the majority of this guidance relates to wind turbines, and it is considered that the
relevant, remaining development management criteria have already been assessed
throughout the above policy criteria assessment. 
10.13 Conclusion 
In conclusion, it is considered that the proposed development complies with the
relevant policies of both the adopted National Planning Framework 4 and the adopted
South Lanarkshire Local Development Plan 2.  It is therefore recommended that the
Scottish Government be notified that the Council has no objections to the application,
subject to the conditions as set out within the paper apart and the conclusion of a legal
agreement to address the matters raised by Transportation for the abnormal loads and
construction traffic associated with the development. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendations:- 
01. That the Scottish Government Energy Consents Unit is informed that South
Lanarkshire Council has no objection to the granting of consent under Section 36
of the Electricity Act 1989; and 
02. That the Head of Planning and Regulatory Services be authorised to undertake
any discussions with the Scottish Government Energy Consents Unit including in
relation to conditions to be attached to the consent if required.
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The Scottish Government is also advised that approval should be subject to the
conditions listed below and conclusion of a legal agreement(s) covering:-  
The provision of a temporary overbridge solution for passage of all abnormal loads
requiring to cross the B7078 Poniel Bridge and to cover the repair of any damage to
roads and bridges arising from extraordinary wear and tear associated with the
construction of the development. 
Conditions:- 
01. No development shall commence until a Construction Traffic Management Plan
(CTMP) has been submitted to and approved in writing by the Roads Authority.  The
CTMP shall include:-   
a. A plan showing the route of all construction traffic associated with the development
using the Council's road network. 
b. Details of all signage and lining arrangements to be put in place. 
c. A plan for access by vehicles carrying abnormal loads, including the number and
timing of deliveries and the length, width and axle configuration of all extraordinary
traffic accessing the site. 
d. Wheel cleaning facilities.   
Following approval of the TMP:-   
a. The developer shall notify the Roads Authority in writing, as soon as reasonably
practical, of any changes in construction and decommissioning related activities where
these will have an impact on the approved TMP.  The developer must consult with the
Roads Authority and Police Scotland to agree in writing any changes to the TMP, and
thereafter adhere to and implement the agreed changes within the timescale set out. 
b. The developer shall undertake all work associated with the approved TMP and any
subsequent amendments in accordance with the approved TMP.  All abnormal loads
shall be delivered to site in accordance with the approved TMP and Abnormal Load
Route Assessment.   
Reason: In the interests of road safety 
02. That unless otherwise agreed in writing, all construction traffic shall enter and exit the
site from the B7078 via the M74 Junction 11.   
Reason: In the interests of road safety 
03. That before the development hereby approved is completed or brought into use, a
turning space shall be provided within the site to enable vehicles to enter and leave
the application site in forward gears at all times.   
Reason: In the interests of traffic and public safety. 
04. That before the development hereby approved is completed or brought into use, the
applicant shall carry out a speed survey at the vehicular entrance to the site, the
findings of which shall be submitted for the written approval of the Council as Planning
and Roads Authority, to establish the required visibility splays for the proposed
development. 
Reason: In the interests of traffic and public safety. 
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05. The following noise levels shall not be exceeded resultant from and specific to the
development:-   
Part 1 
Between the hours of 08:00 and 20:00 the measured noise rating level emitted from
the premises (LAr,1hr) shall not exceed the pre-existing background noise level
(LA90,30 min) by more than 4dB when measured in accordance with British Standard
BS 4142:2014 +A1:2019 - Method for Rating and Assessing Industrial and
Commercial Sound at buildings where people are likely to be affected.  Between the
hours of 20:00 and 08:00 the noise rating level emitted from the premises (LAr,15min)
shall not exceed the pre-existing background noise level (LA90,30min) by more than
4dB when measured in accordance with BS4142:2014 at buildings where people are
likely to be affected.   
Part 2 
The internal noise levels within any residential property and resultant from the
development shall comply with BS 8233:2014 Guidance on sound insulation and noise
reduction for buildings as follows:- 
a) The internal levels with windows open do not exceed an LAeq,16hr of 40dB daytime
(07:00 - 23:00), 
b) The internal levels with windows open do not exceed an LAeq,8hr of 30dB night-
time (23:00 - 07:00), 
c) The internal levels with windows open do not exceed an LAmax of 45dB night-time
(23:00 - 07:00), 
d) The external levels shall not exceed an LAeq,16hr of 55dB daytime in any garden
amenity areas, when measured free-field.   
Part 3 
The Internal Noise Rating Values, within any residential property and resultant from
the neighbourhood (industrial and commercial) and neighbour noise (installed
services), shall not exceed:-  
o NR25 between 23.00hrs and 08.00hrs  
o NR35 between 08.00hrs and 23.00hrs   
Reason: In the interests of residential amenity 
06. The applicant shall further ensure that audible construction activities shall be limited
to, Monday to Friday 8.00am to 6.00pm, Saturday 8.00am to 1.00pm and Sunday - No
audible activity.  No audible activity shall take place during local and national bank
holidays - without the prior written approval of the planning authority.   
Under exceptional conditions the above time restrictions may be further varied subject
to written agreement with the Council as Planning Authority.   
Noise escape shall meet the relevant criteria within the current BS5228, 'Noise control
on construction and open sites'.   
Reason: In the interests of amenity. 
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07. In the event that piling takes place, a method statement shall be submitted to and
approved in writing by the Planning Authority.  This statement shall include an
assessment of the impact of the piling on surrounding properties, taking into account
the guidance contained in BS 6472:2008 'Evaluation of human exposure to vibration
in buildings'.  It shall detail any procedures which are proposed to minimise the impact
of noise and vibration on the occupants of surrounding properties.  This statement
shall be prepared by a suitably qualified person, and the piling works shall thereafter
be carried out in accordance with the approved method statement.   
Reason: In the interests of amenity. 
08. Prior to development commencing on site, a scheme for the control and mitigation of
dust shall be submitted to and approved in writing by the Council as Planning Authority. 
No changes to the approved scheme shall take place unless agreed in writing by the
Council as Planning Authority.  The scheme shall thereafter be implemented in
accordance with a programme to be agreed in writing with the Council as Planning
Authority.   
Reason: In the interests of amenity. 
09. Prior to development commencing on site, a dust management and monitoring
scheme shall be submitted to and approved in writing by the Council as Planning
Authority.  The scheme shall thereafter be implemented in accordance with a
programme to be agreed in writing with the Council as Planning Authority.   
Reason: In the interests of amenity. 
Reason for Decision
12.1. The proposed development complies with Policies 1, 2, 3, 4, 5, and 11 of National
Planning Framework 4 and 1, 2, 4, 5, 14, 15, 18, SDCC2, SDCC3, RE1 and DM1 of
the adopted South Lanarkshire Local Development Plan 2 (2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/23/0069 | Installation of battery storage facility (S36 Scottish Government Consultation) | Broken
Cross Open Cast Mine Tower Road Douglas Lanark South Lanarkshire ML11 9PB 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk  
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/0357
Proposal:  Planning permission in principle for the erection of 25 chalets, a
commercial facility, tourist/leisure use, eco village and associated
landscaping (Section 42 application to remove Condition 2 - number
of units of planning permission reference CL/17/0199)
Site Address:  Land 160 metres Northeast of Nether Kypeside Farm, Lesmahagow
Applicant:  NKS Renewables Company Limited
Agent:  Bidwells
Ward:  04 Clydesdale South
Application Type:  Planning Permission in Principle - Further application Section 42
Advert Type:  Non-notification of neighbours: Lanark Gazette 12 April 2023
Development Plan
Compliance: 
No 
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
11
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1. Reason for Report
1.1. The application is required to be determined by the Planning Committee under Clause
5 of the Decision-Making Process 2015: as the site is greater than 2ha and more than
10 units is considered a major application. 
2. Site Description
2.1. The application site comprises two distinct parcels of land in the open countryside
between Strathaven and Kirkmuirhill to the north and south of the B7086 respectively,
accessed via minor roads, the area that is subject to the application to amend the
Planning Condition is to the south of the B7086. 
2.2 The site to the south relates to land surrounding Nether Kypeside Farm, including the
existing farm buildings, and adjacent land which had previously been used as a quad
bike facility as well as clay pigeon shooting and a remote-control car track.  At the
steading there is a traditional farmhouse and various commercial buildings and sheds
linked to the former leisure business.  Beyond the steading are extensive woodland
plantations.  This site comprises some 19ha.  The second site to the north comprises
of three fishing lochans, a fishery office, hard standing and extensive woodland,
planted on either side of the access road. 
3. Description of Proposed Development
3.1. Planning permission in principle (PPP) has previously been granted for the erection of
25 chalets, a commercial facility, tourist/leisure use on the northern site and an eco-
village on the southern site and associated landscaping. 
3.2 There has been subsequent variations and removals of conditions and Matters
Specified in Conditions (MSC) applications pertaining to this.  This current application
is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as
amended), seeking planning permission for the development of land without
compliance with a condition attached to a previous consent. 
3.3 This application seeks to remove Condition 2 of planning application reference
CL/17/0199 which restricted the number of residential units to 30.  CL/17/0199 itself
was also a Section 42 application which sought to vary a condition that had been set
out in an earlier Planning Permission CL/16/0398 which allowed an increase in the
number of residential properties to 30 units and to alter access arrangements. 
3.4 Condition 2 of CL/17/0199 which seeks to be removed under this current application
states:- 
“That the number of units within the eco village shall be restricted to a maximum of 30
units. 
Reason: In the interests of amenity and in order to retain effective planning control.” 
4. Relevant Planning History
4.1. The application site has an extensive planning history as detailed below:- 
 CL/12/0391: Permission in Principle for chalets, commercial facility, tourist/leisure
use, eco village and associated landscaping - granted in November 2013.  This
was subject to a condition limiting the eco village to 13 units. 
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 CL/16/0398:  Section 42 application to vary conditions the purpose being to enable
further applications for various elements of the development to be submitted
independently of each other rather than dealing with all phases together in one
combined submission - granted in November 2016. 
 CL/17/0199: Section 42 to vary conditions enabling the increase of dwellings at the
eco-village from 13 to 30 and to relocate the position of the village further to the
north - granted in September 2017. 
 CL/17/0209: Full planning permission for a new vehicular link onto the B7086 was
granted thereby removing the need to take access from a narrow minor road -
granted in September 2017. 
 P/18/0511: Matters Specified in Conditions application for the erection of 30
dwellinghouses, associated roads, infrastructure, amenity areas, landscaping and
formation of SUDS ponds (approval of matters specified in conditions on planning
permission CL/17/0199) - granted in June 2018. 
 P/19/1023: Matters Specified in Conditions for the erection of 30 dwellinghouses,
associated roads, infrastructure, amenity areas, landscaping and formation of
SUDS pond (amendment to Planning Permission P/18/0511 - approval of matters
specified in conditions on planning permission CL/17/0199) - granted in August
2019. 
 P/23/0089: Section 42 application to vary condition 2 of CL/17/0199 to reduce the
number of maximum units within the eco village from 30 to 29 units - withdrawn
March 2023. 
5. Supporting Information 
5.1. A supporting statement prepared by the agent has been submitted with the application
which sets out the planning history of the site and the requirements for a Section 42
application. 
The agent has submitted various correspondence to justify the S42 application
outlining that the current application seeks to remove condition no.2 of planning
permission CL/17/0199 because the condition duplicates what is already covered in
the detailed description of the application CL/17/0199: Section 42 application to vary
condition 2 and deletion of conditions 10 and 14 attached to Planning Permission
CL/16/0398 to enable an increase in number of dwellings to 30 units and to alter
access arrangements - and considers that it is therefore already stated on the planning
permission granted. 
The applicant’s agent states that the condition is unnecessary and fails to meet the
tests for a condition as set out in the Circular 4/1998 and can be removed.  The agent
considers that this approach would then be consistent to that set out in the original
PPP CL/12/0391: Erection of 25 chalets, a commercial facility, tourist/leisure use, eco
village and associated landscaping (Planning Permission in Principle). 
5.2 Further supporting correspondence provides context to the development and planning
history outlining that: “the number of chalets (25) was approved by the council as part
of the original approval (CL/12/0391).  At that time the eco village units (13) were to
take their access from the farmyard beside the house and farm buildings which sit to
the south of the B7086. 
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5.3 The nature of the access proposed at that time limited the development to 13 “eco
village” units.  No developer contributions were required by the Council as part of the
original approval. 
5.4 However, in order to increase the viability of the project, the number of eco village units
increased from 13 to 30 as part of the Section 42 application submitted in 2017 under
application CL/17/0199.  This application also sought to alter the proposed access
arrangements to the development and develop the eco village units closer to the
access. 
5.5 Access is now proposed from a point off the B7086 which, prior to 2017, hadn’t been
in the ownership of the applicants.  The increase in the number of units to 30 was
therefore to cover the infrastructure costs to a site that included a new access road
and additional sewage and drainage arrangements.  This justification was accepted
by the Council as part of the approval of the 2017 application.” 
6 Consultations
6.1. None 
7 Representations
7.1. Following the statutory period of neighbour notification and advertisement, no valid
representations have been received. 
8 Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise. 
8.2. National Planning Framework 4
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places and productive places. 
National Planning Framework 4 Policies 
Policy 1 - Tackling the climate and nature crises
Policy 2 - Climate mitigation and adaptation
Policy 3 – Biodiversity
Policy 6 – Forestry, woodland and trees
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 17 - Rural Homes
Policy 30 – Tourism 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council assesses proposals
against the policies contained within the adopted South Lanarkshire Local
Development Plan 2 (SLLDP2).  In this regard the application site and associated
proposals are affected by the following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
Policy 2 - Climate Change 
Policy 4 - Green Belt and Rural Area 
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Policy 5 - Development Management and Placemaking 
Policy 6 – Visitor Economy and Tourism
Policy 14 - Natural and Historic Development 
Policy 15 - Travel and Transport
Policy 16 – Water Environment and Flooding 
SLLDP2 Volume 2 Policies
Policy VET2 - Visitor Accommodation 
Policy DM15 – Water Supply
Policy DM16 – Foul Drainage/Sewerage Provision
NHE13 – Forestry and Woodland
Policy SDCC2 – Flood Risk
Policy SDCC3 – Sustainable Drainage Systems 
South Lanarkshire Council (SLC) Supporting Planning Guidance
None 
9 Guidance
9.1. Planning circular 3/2022: Development Management Procedures 
This sets out that in determining a Section 42 application, authorities may consider
only the issue of the conditions to be attached to any resulting permission.  However,
in some cases this does not preclude the consideration of the overall effect of granting
a new planning permission, primarily where the previous permission has since lapsed
or is incapable of being implemented. 
9.2 Where it is considered that permission should be granted subject to different
conditions, a new permission would need to be granted with all the conditions to which
the development should be subject attached.  If it is considered that planning
permission should be granted subject to the same conditions as the previous
permission, the section 42 application should be refused.  The making, granting, or
refusal of a section 42 application does not alter or affect the previous permission or
its conditions. 
9.3  Planning Circular 4/1998: The Use of Conditions in Planning Permissions 
This circular provides guidance on the use of conditions attached to planning
permissions.  Conditions should only be imposed where it satisfies the following tests:
necessary; relevant to planning; relevant to the development to be permitted;
enforceable; precise; reasonable in all other aspects. 
10 Assessment and Discussion
10.1. Section 42 Process 
Consent is sought under Section 42 of the Town and Country Planning (Scotland) Act
1997 (as amended) for non-compliance with Condition 2 (number of units) of
CL/17/1099 for the erection of 25 chalets, a commercial facility, tourist/leisure use, eco
village and associated landscaping.  Effectively, the application seeks to remove the
condition limiting the housing numbers within the approved eco-village. 
10.2 Section 42 of the Town and Country Planning (Scotland) Act 1997 allows the
determination of applications to develop land without compliance with conditions
previously attached to any planning permission granted or with different conditions. 
As outlined above, the legislation identifies that the Planning Authority shall consider
only the question of the conditions subject to which planning permission should be
granted. 
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10.3 Planning permission should be granted accordingly subject to conditions that differ
from those attached to previous consent.  Otherwise, if the planning authority feel the
condition should be complied with the application shall be refused.  Taking this into
account, the acceptability of the removal of this condition - which relates to a restriction
on the number of units at this location - is the main consideration in the determination
of this application.  The policies contained within National Planning Framework 4 and
the South Lanarkshire Local Development Plan 2 are applicable in this case, together
with an assessment of any other material planning considerations. 
10.4 Permission was originally granted in 2012 under CL/12/0391 on the basis that the
wider proposals for the sites north and south had the potential to generate economic
development benefits and at that time the eco village housing was intended to
subsidise and enable funding for the proposed tourist element of the development,
and this element of the proposal was limited by way of condition to 13 units.  Further
applications, including a new access route enabled an increase to 30 units and a
subsequent S42 application, reference CL/17/1099, granted a variation of the
condition to increase the limitation from 13 to 30.  Subsequent MSC applications were
granted, however, all applications have now expired. 
10.5 As this application seeks to remove Condition 2 of CL/17/0199 it would effectively
remove any restriction on the limit of housing numbers at this site, and it must therefore
be considered whether removal of the limitation on housing units would be acceptable,
and the application approved; or whether the condition should remain attached, and
the application be refused; or whether a varied condition should be applied.  In
considering this, the aforementioned policy considerations are applicable as well as
an assessment of any material considerations. 
10.6 Principle of Development
The extant permission granted under CL/17/0199 which would have expired on 31
March 2023 after this application was submitted is a material consideration.  This
establishes the principle of development on this site as per the description.  While only
the question of the condition should be considered in terms of S42 applications, as
outlined in Planning Circular 3/2022, the consideration of the overall effect of granting
a new planning permission can be taken into account and therefore, in this case it is
considered appropriate to assess the effect of the development in principle now under
NPF4 and SLLDP2 as new policy documents since the original permission was
granted and thus forming new material considerations.   
10.7 In terms of NPF4, the site lies within the rural countryside where Policies 9 and 17
apply.  Part of the site is previously developed land, however, substantial areas of the
site have naturally regenerated and are covered by extensive woodland.  Policy 17
seeks to encourage, promote and facilitate the delivery of high quality, affordable and
sustainable rural homes in the right locations.  It states that development proposals
for new homes in rural areas will be supported where the development is suitably
scaled, sited and designed to be in keeping with the character of the area and sets out
criteria for the development including: allocated sites, reuse of brownfield land, reuse
of a redundant building, use of a historic asset, required to support a rural business or
essential worker, for a retiring farmer, the subdivision of an existing dwelling, or is a
one for one replacement.  Development proposals in rural areas need to consider how
it will contribute towards local living and in remote rural areas should support fragile
communities, identified housing outcomes, and be suitable in terms of environmental
impact. 
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10.8 This site is no longer considered brownfield as a whole, as despite some evidence of
quad biking tracks, the ground has returned to a predominantly natural state.  It is not
in a settlement or an allocated housing site, it is not well connected, nor seeking the
reuse of redundant or brownfield land/buildings, and does not satisfy local living
requirements as set out in Policy 15 which seeks to encourage, promote and facilitate
the application of the Place Principle and create connected and compact
neighbourhoods where people can meet the majority of their daily needs within a
reasonable distance of their home, preferably by walking, wheeling or cycling or using
sustainable transport options. 
10.9 As such, it is considered that removing the condition would not define the number
houses for the development site and would result in an unrestricted number of units
within the site boundary being granted in principle - which not only fails on policy
grounds as mentioned, but would also not be satisfactory as subsequent infrastructure
impacts would not be considered in terms of roads, education, affordable housing and
community contributions as per Policy 16 of NPF4. 
10.10 Therefore, the proposal in principle which is ultimately an undefined number of housing
units to form an eco-village in the southern site would be unacceptable.  The
development of any number of units in this location would not be compatible with the
aims of NPF4 and the specific criteria set out in the above policies. 
10.11 This is further contrary to the relevant policies contained within the South Lanarkshire
LDP2.  Policy 4 states that within the Rural Area, the Council seeks to protect the
amenity of the countryside, while supporting small scale development in the right
places that is appropriate in land use terms and of high environmental quality,
supporting the needs of communities.  Development which does not require to locate
in the countryside will be expected to be accommodated within settlements, isolated
and sporadic development will not be supported. 
10.12 Separately, the proposed removal of condition is not considered to affect the tourism
element to this application, as the tourism case can be made by exploiting the existing
fishery.  This is considered compliant with the terms set out in Policy 30 of NPF4 and
Policy 6 and VET2 of SLLDP2 which together support sustainable economic tourist
development. 
10.13 Climate Change and Biodiversity
NPF4 Policy 1 Tackling the Climate and Nature Crises, NPF4 Policy 2 Climate
Mitigation and Adaptation and Policy 2 of the South Lanarkshire Local Development
Plan 2 aim to ensure that proposals for new development must, where possible, seek
to minimise and mitigate against the effects of climate change.  In addition, Policy
NPF4 Policy 3 Biodiversity aims to protect biodiversity, reverse biodiversity loss,
deliver positive effects from development and strengthen nature networks. 
10.14 While details of the proposal would be obtained at MSC stage should permission be
granted, ultimately the nature of the development as a whole within a rural location
fails to meet the objectives of NPF4 in that it is situated in an unsustainable location,
it is not well connected, thus deeming reliance on the private car, and therefore would
result in an impact on climate change through not being sustainably sited and serviced. 
As such, the proposal fails to comply with Policy 1 and 2 of NPF4 and Policy 2 of
SLLDP2.  Details of biodiversity improvements could be obtained at MSC stage in line
with Policy 3 of NPF4, however given the extensive tree coverage at this site and
subsequent the potential impact for significant woodland loss, the proposal would be
unacceptable in terms of Policy 6 of NPF4 which seeks to protect and expand
woodlands and trees.  Furthermore it would fail to comply with Policy 14 and NHE13
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of SLLDP2 in terms of woodland loss where protection and enhancement of
woodlands is encouraged.  No public benefits would outweigh this loss, however it is
recognised that details of this would be considered at future MSC stage. 
10.15 Layout, Siting and Design 
As the proposal is for PPP only, full details to demonstrate compliance with Policy 14
of NPF4 and Policy 5 of SLLDP2 would be considered at a future MSC stage. 
However, as outlined above, the proposal would not meet the requirements of local
living as set out in Policy 15 of NPF4 in terms of its unsustainable location, lack of
connectivity and it does not demonstrate compliance with Policy 16 in terms of quality
homes.  Furthermore, in terms of Policy 14 it fails to achieve the characteristics of a
sustainable and connected place. 
10.16 Technical Matters 
Technical matters including access, drainage and servicing have not been considered
in detail in this case as the proposal is for planning permission in principle only,
therefore the specific details of such issues can be dealt with through future MSC
applications and because the S42 process only considers the matter of the condition
in question.  LDP Policies 14, 15 and 16, DM15, DM16, SDCC2 and SDCC3 relate to
any potential flood risk and impact on the water environment from the proposed
development which would be fully assessed at the MSC stage. 
10.17 Conclusion 
In conclusion, the proposal seeks a large development in the countryside which fails
to meet the requirements of NPF4 and SLLDP2.  The impact of removing a condition
which restricts the number of units being removed would result in an undefined number
of houses in the countryside which conflicts with sustainable development aims of
NPF4.  Furthermore, an alternative figure could not be stipulated in a varied condition
as no justification is provided to address current policy requirements, and an
assessment of infrastructure impacts has not been carried out to this effect. 
10.18 As per planning circular 4/1998, the condition is still considered necessary under the
six tests.  It is relevant to planning in that it controls development at this location; it
remains relevant to the development to be permitted; it is enforceable in terms of
placing an upper restriction; precise; and is considered reasonable in all other aspects
as any level of development and no restriction on numbers would be contrary to policy
as set out above. 
10.19 The overall effect of the Section 42 application is that it would result in an undefined
number of houses in the countryside which fails to meet the policy requirements of
National Planning Framework 4 and the South Lanarkshire Local Development Plan
2.  It is therefore considered that the condition cannot be varied, and the development
should be subject to the same condition, therefore the Section 42 application in
question is unacceptable and recommended for refusal. 
11 Recommendation and Conditions 
11.1. The Committee is asked to agree the following recommendation:- 
Refuse Planning Permission in Principle for the reasons outlined below:- 
01. The removal of Condition 2 would result in consent being granted for an
undefined number of houses in the countryside which would have an adverse
impact on the qualities of the rural area and result in unsustainable development
contrary to Policy 17 of National Planning Framework 4. 
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02. The removal of Condition 2 would result in consent being granted for an
undefined number of houses in the countryside which would have an adverse
impact on the qualities of the rural area and result in unsustainable development
contrary to Policy 4 of the South Lanarkshire Local Development Plan 2. 
03. The proposal is contrary to Policy 14 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 and connected place. 
04. The proposal is contrary to Policy 15 of National Planning Framework 4 as it fails
to create a connected neighbourhood and would result in an unsustainable
development and would not contribute to local living principles. 
05. The proposal is contrary to Policy 16 of National Planning Framework 4 as it
would result in an unsustainable development and unacceptable infrastructure
impacts. 
06. The site is located within the countryside, disconnected from settlements and
active travel opportunities and therefore the proposal is not considered to be
sustainable development and will increase emissions by encouraging vehicular
travel.  As such, the proposal is contrary to Policies 1 and 2 of the National
Planning Framework 4 and Policy 2 of the South Lanarkshire Local Development
Plan 2. 
07. The site is located within the countryside, where there is extensive tree and
woodland coverage.  The potential loss of this would have a negative effect on
character, nature and biodiversity of the area contrary to Policy 6 of National
Planning Framework 4. 
08. The site is located within the countryside, where there is extensive tree and
woodland coverage.  The potential loss of this would have a negative effect on
character, nature and biodiversity of the area contrary to Policy 14 and NHE13 of
SLLDP2. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/23/0357 | Planning permission in principle for the erection of 25 chalets, a commercial facility,
tourist/leisure use, eco village and associated landscaping (Section 42 application to remove
Condition 2 number of units of planning permission reference CL/17/0199). | Land 160M Northeast
Of Nether Kypeside Farm Lesmahagow (southlanarkshire.gov.uk) 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/0587
Proposal:  Overcladding of roof and walls, erection of single-storey extension,
nursery playground extension and associated fencing, creation of new
car park, widening of existing road, formation of new pedestrian
footpath, stair and ramp, substation and associated infrastructure
Site Address:  Our Lady of Lourdes Primary School, Carnegie Hill, East Kilbride,
G75 0AG
Applicant:  South Lanarkshire Council 
Agent:  Housing and Property Services
Ward:  07 – East Kilbride Central South
Application Type:  Detailed Planning Permission
Advert Type:  N/A
Development Plan
Compliance: 
Yes 
Departures:  N/A
Recommendation:  Grant subject to conditions
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
12
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1. Reason for Report
1.1 The application is required to be determined by the Planning Committee under Clause
4.1 of the Decision-Making Process 2015: any application which has attracted more
than five objections. 
2. Site Description
2.1 The application site relates to land associated with Our Lady of Lourdes Primary, East
Kilbride.  The site is approximately 1.6 hectares and is bound to the east and south by
residential properties, to the west by Murray Road, to the north by Murray Hill and by
Carnegie Hill on the eastern boundary.  The main pedestrian and vehicular access to
the site is from Carnegie Hill, though it is also accessible through a footpath from
Murray Road. 
3. Description of Proposed Development
3.1 The proposed development comprises of a single-storey extension at the north-west
facing elevation of the school building, the over-cladding of external walls and roof, a
nursery playground extension with associated fencing at the north-east facing
elevation, the erection of a substation with associated fencing and hedging, the
erection of new fences and gates, the installation of air source heat pumps, a new
pedestrian entrance comprising of stairs and ramps on the west of the application site,
the installation of 10 no. electric car charging stations within the existing car park, a
widening of a section of the road, the creation of a new car park and a new pedestrian
footpath that leads from the proposed car park addition around the western site
boundary. 
3.2 The new car park will provide 32 additional spaces measured at 2.5 metres by 5.5
metres; it will be accessed through the existing car park and the vehicular access to
the site itself will not be altered. 
3.3 The applicant has advised that the proposed cladding to the roof is to improve thermal
performance, eliminate water ingress, air tightness and improve the visual appearance
of the building.  The proposals also seek to reduce carbon consumption by replacing
existing gas boilers with air source heat pumps. 
3.4 Internal alterations are also proposed, however, these do not constitute development
under the Town and Country Planning (Scotland) Act 1997 and do not form part of the
assessment of this application. 
3.5 It is noted that a previously submitted application (P/23/0322) proposed the substation
adjacent to a property at Carnegie Hill.  Following discussions with the applicant, the
proposed scheme has been amended by repositioning and re-orientating the
equipment further into the site, to the north-west, which has resulted in the equipment
being situated further from adjacent properties. 
4. Relevant Planning History
4.1 P/23/0322 – Overcladding of roof and walls, erection of single-storey extension,
nursery playground extension and associated fencing, creation of new car park,
widening of existing road, formation of new pedestrian footpath, stair and ramp,
substation and associated infrastructure – Application Withdrawn 
5. Supporting Information 
5.1. The applicant has submitted a design statement detailing information in relation to the
proposed external alterations, internal alterations, energy transition away from gas to
fully electric and the proposed siting of the substation.  
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6. Consultations
6.1 Environmental Services – no objections subject to the addition of conditions relating
to construction noise, the construction of an acoustic barrier around the new electrical
substation and the submission of a contamination action plan prior to works
commencing.
Response: Noted. 
6.2 Roads and Transportation Services (Development Management) – no objections
to the proposal subject to the addition of conditions relating to the specification of the
parking spaces, the hardstanding of the access road and parking areas and the
submission of further details relating to the electric charging points prior to
development.
Response: Noted. 
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, a total of
25 representations have been received (24 objections and 1 comment).  The issues
raised are summarised as follows:- 
 Traffic congestion
 Amenity impacts
 Concern relating to the location of the proposed substation
 The withdrawal of the original application and details relating to the development
proposal
 Concern relating to the noise impact of the substation 
 Overshadowing relating to the classroom extension
 Loss of biodiversity due to the siting of the substation
 The substation obstructing vision of drivers in relation to the use of the traffic
island as a crossing point 
The above issues will be considered in the assessment below and full copies are
available to view on the planning portal. 
7.2 Other non-material planning comments were included in representations.  These
points relate to:- 
⧫ Health and safety concerns in relation to the proposed substation
⧫ The surface of the existing playground
⧫ Concern relating to the substations’ effect on house prices
⧫ Loss of a view as a result of proposed extension
⧫ Concern relating to exterior lighting and alarms which are not included within
the proposal 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise.  The development plan comprises the
South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 
8.2. National Planning Framework 4 
National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy 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.  
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National Planning Framework 4 Policies 
 Policy 1 - Tackling the climate and nature crises 
 Policy 2 - Climate mitigation and adaptation
 Policy 3 - Biodiversity
 Policy 11 – Energy
 Policy 14 – Design, quality and place 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications, proposals are assessed
against the policies contained within the adopted South Lanarkshire Local
Development Plan 2 (SLLDP2). 
8.4. In this regard the application site and associated proposals are affected by the
following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 1 - Spatial Strategy
 Policy 2 - Climate Change
 Policy 3 – General Urban Areas and Settlements
 Policy 5 - Development Management and Placemaking
 Policy 18 - Renewable Energy 
SLLDP2 Volume 2 Policies
 Policy SDCC6 - Spatial Strategy
 Policy NHE20 – Biodiversity
 Policy RE1 – Renewable Energy 
South Lanarkshire Council (SLC) Supporting Planning Guidance
 Renewable Energy (January 2021)
 Electric Charging Points (August 2022) 
9. Guidance
9.1. None applicable. 
10. Assessment and Discussion
10.1. Introduction
The main issues to be addressed in the determination of this application includes the
acceptability in principle of the proposed development, its layout, siting and design,
and an assessment of technical matters.  The policies contained within National
Planning Framework 4 and the South Lanarkshire Local Development Plan 2 are the
main policy consideration in this case, together with an assessment of any other
material planning considerations. 
10.2 Principle of Development 
Policy 1 - Spatial Strategy of Local Development Plan 2 supports sustainable
economic growth and regeneration, the move towards a low carbon economy, the
protection of the natural and historic environment and mitigation against the impacts
of climate change.  It further states that the use of district heating systems and
renewable energy developments in appropriate locations will be supported. 
10.3 In this instance, a component of the proposal relates to the erection of a substation
and associated infrastructure within a school premises.  There is a precedence of
development for similar developments taking place within South Lanarkshire sited
within the curtilage of educational premises for energy requirements; as such; it is
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considered acceptable in respect to the general principle of development. 
Nonetheless, energy infrastructure proposals are still required to be assessed, taking
into account the individual merits of each particular application; this aspect of the
assessment will be discussed at a later stage of the report. 
10.4 The application site is an existing educational facility located in an urban area and
settlement within the South Lanarkshire Local Development Plan 2 and, therefore, its
continued use for this purpose raises no issues.  Additionally, the Local Development
Plan 2 identifies the site as a Primary School, therefore the proposal is consistent with
local plan policy and the principle of development accords with wider policy
frameworks. 
10.5 Climate Change 
Policy 1 - Tackling the climate and nature crises of National Planning Framework 4
states that when considering all development proposals, significant weight will be
given to the global climate and nature crises.  Policy 2 - Climate mitigation and
adaption similarly intends to encourage, promote and facilitate development that
minimises emissions and adapts to the current and future impacts of climate change. 
Development proposals to retrofit measures to existing developments that reduce
emissions or support adaption to climate change will be supported.  Policy 2 of
Development Plan 2 identifies that all developments should seek to minimise and
mitigate against the effects of climate change. 
10.6 The proposals relate to the addition of air source heat pumps and a substation to
support the transition from gas to electric systems.  Given the proposed development
is to facilitate electric vehicle charging points and the school heating system, it is
considered that the proposals are by their nature carbon reducing and therefore
considered to be in accordance with the aims of Policies 1 and 2 of National Planning
Framework 4 and Policy 2 of Local Development Plan 2.  No other aspects of the
proposal are considered to contravene policy relating to climate change. 
10.7 Biodiversity, Trees and Woodland 
Policy 3 - Biodiversity of National Planning Framework 4 intends to protect biodiversity,
reverse biodiversity loss, deliver positive effects from development and strengthen
nature networks.  Policy NHE20 of Local Development Plan 2 similarly intends to
prevent significant biodiversity losses and if possible, provide adequate mitigation and
offsetting measures. 
10.8 Whilst the siting of the proposed substation on an existing section of greenspace will
result in the loss of a tree and a section of grass, the alterations are considered
negligible and will not result in any significant reduction of biodiversity loss. 
Additionally, it is noted that amended plans with hedging are proposed around the
substation as a means of further mitigating any visual or noise impact.  In this instance,
the hedging is undertaken as an appropriate measure for a small-scale enhancement
of biodiversity while screening the proposed substation.  Therefore, the proposal is
considered acceptable with regards to Policy 3 of National Planning Framework 4 and
Policy NHE20 of Local Development Plan 2. 
10.9 Layout, Siting and Design 
Policy 14 - Design, quality and place of National Planning Framework 4, aims to
encourage, promote and facilitate well designed development that makes successful
places by taking a design-led approach and applying the Place Principle.  Policy 3:
General Urban Areas and Settlements of Local Development Plan 2 states that
development which would be detrimental to the amenity of residents and the wider
community, or to the character of the surrounding area will not be permitted.  This
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particularly applies to ‘bad neighbour’ uses which can affect neighbours by virtue of
visual impact, noise, smell, air pollution, disturbance, traffic or public safety.  Policy 5:
Development Management and Placemaking states that development should take
account of the principles of sustainable development, all proposals require to be well
designed and integrated with the local area.  Additionally, proposals should have no
unacceptable significant adverse impacts on the local area. 
10.10 The proposed developments consist of a variety of alterations to the existing school;
the over-cladding of the roof and walls, the creation of a new footpath, replacement
windows and doors, a single-storey extension, a nursery playground extension with
associated fencing and a new pedestrian entrance comprising of steps and a pathway. 
The proposed changes are deemed to be acceptable; they will provide both a visual
and functional enhancement to the existing exterior of the school. 
10.11 In terms of impact on amenity; due to the proposed extensions position, scale,
orientation and proximity to surrounding properties, it is considered that there will be
no adverse impact on neighbouring properties, or the character of the area in general,
resulting from the extension itself that would justify refusal of consent.  The proposed
external changes relate to the replacement of external doors, windows and curtain
walling with new triple glazed units and cladding as a visual enhancement to the
existing school.  The proposal also includes 32 additional parking spaces with which
Roads and Transportation Services has confirmed that they are satisfied. 
Consequently, it is considered that the proposed developments comply with the
provisions of Policy 14 of National Planning Framework 4 and Policies 3 and 5 of Local
Development Plan 2. 
10.12 Energy 
Policy 11 - Energy of National Planning Framework 4 aims to encourage, promote and
facilitate all forms of renewable energy development onshore and offshore.  This
includes energy generation, storage, new and replacement transmission and
distribution infrastructure and emerging low-carbon and zero emissions technologies
including hydrogen and carbon capture utilisation and storage (CCUS). 
10.13 Policies 18: Renewable Energy, RE1: Renewable Energy and SDCC6: Renewable
Heat of Local Development Plan 2 states that applications for renewable energy
infrastructure will generally be supported, subject to an assessment of the relevant
criteria and requirements. 
10.14 The proposed substation will provide a functional purpose for the transition from gas
to electric power generation.  It will be screened by both fencing and a hedge to
sufficiently mitigate any issues relating to visual impact and noise.  The substation is
to be located within an existing car park and is considered to be the type of urban
infrastructure that is not out of place within a car park.  While there is precedence for
substations sited within the curtilage of educational facilities in South Lanarkshire
Council, each application should be considered on its own merits.  In this case, it is
considered that there is sufficient distance between the substation and adjacent
residential properties so that there is no significant impact to residential amenity. 
10.15 During the neighbour notification period; representations were received concerning
health concerns relating to substations.  The Council’s Environmental Services were
consulted on this proposal and have raised no objection in terms of health and safety. 
It is also noted that objections were related to the substation posing a risk to visibility
when used as a crossing point in relation to the adjacent road.  Nonetheless, it is noted
that the island does not constitute an existing crossing station; there are paths on
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either side of the car park that provide a pathway to enter and exit the school site
without accessing the island. 
10.16 Representations were received relating to concern over the lack of prior consultation
in regard to the substation.  It is considered that appropriate notification was
undertaken in respect to the proposal.  There are no other requirements within current
planning legislation to undertake further public consultation in this instance.  It is also
noted that Education Resources held a public event which was in addition to any
requirements under planning legislation. 
10.17 Consequently, it is considered that the proposed external changes comply with the
provisions of Policy 11 of National Planning Framework 4 and Policies 18, RE1 and
SDCC6 of Local Development Plan 2. 
10.18 Other issues 
None 
10.19 Technical Matters 
In terms of technical matters, no consultees have raised any objections subject to the
use of appropriate conditions. 
11 Recommendation and Conditions
11.1 The Committee is asked to agree the following recommendation:- 
Grant subject to conditions:- 
1. 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,
constructed and thereafter maintained to the specification of the Council as
Planning Authority. 
Reason: To ensure the provision of adequate parking facilities within the site. 
2. That before the development is completed or brought into use, the surface of
access road and parking areas shall be so trapped and finished in hardstanding
as to prevent any surface water or deleterious material from running onto or
entering the road. 
Reason: In the interests of traffic safety and to prevent deleterious material
entering the road. 
3. That, unless otherwise agreed in writing with the Council as Planning Authority,
provision shall be made for electrical charging points within the development for
motor vehicles.  Prior to any works commencing on site details of the proposed
arrangements shall be submitted and agreed in writing with the Council as
Planning Authority.  Thereafter the scheme shall be implemented and maintained
to the satisfaction of the Council as Planning Authority. 
Reason: To ensure the provision of appropriate facilities on site. 
4. That before any works starts a Traffic Management Plan (TMP) for that
construction phase with information such as, but not limited to, construction
phasing, site deliveries routing/timings, construction compound layout, turning
facilities, site car parking for visitors and site operatives and wheel washing
facilities shall be submitted to and approved by the Council as Planning Authority. 
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The TMP shall include a Travel Plan element to encourage less reliance on
individual private car trips to the site for those personnel involved in construction
activities on a routine basis and those attending through the course of site
inspections and site meetings. 
Reason: In the interests of traffic and public safety. 
5.  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. 
Reason: In the interests of traffic and public safety. 
6. That before the development starts, details for the substation size, dimensions
and materials shall be submitted for approval by the Planning and Roads
Authority. 
Reason: To ensure the development is satisfactory in appearance and to retain
planning control. 
7. The close boarded screen proposed by the applicant surrounding the electrical
substation should be constructed to fulfil the following criteria:- 
⧫ The barrier shall have a minimum surface density of 13kg/m2
⧫ The structure shall be continuous without any holes, slits, cracks or gaps
through or beneath the structure as this compromises the effectiveness of the
barrier
⧫ The structure shall allow maintenance to the barrier and provide adequate
stability under high winds 
Reason: In the interests in preserving local amenity and to minimise nuisance to
occupants of nearby buildings as a result of noise from the substation. 
12. Reason for Decision
12.1 In conclusion, following a detailed assessment of the application, it is considered that
the proposal will not result in an adverse impact on road safety, residential amenity or
the visual amenity of the streetscape, it will provide additional classrooms through an
extension to an existing educational facility within the settlement, allow for the
transition to more sustainable methods of energy generation and would be fully
compliant with the provisions of Policies 1, 2, 3, 11 and 14 of National Planning
Framework 4 and Policies 1, 2, 3, 5, 18, SDCC6, NHE20 and RE1 of the adopted
South Lanarkshire Local Development Plan, and associated Supporting Guidance. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/23/0587 | Overcladding of roof and walls, erection of single-storey extension, nursery playground
extension and associated fencing, creation of new car park, widening of existing road, formation of
new pedestrian footpath, stair and ramp, substation and associated infrastructure | Our Lady Of
Lourdes Primary Carnegie Hill East Kilbride G75 0AG (southlanarkshire.gov.uk) 
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Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies. 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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Report
Agenda Item 
Checked
Report to: Planning Committee
Date of Meeting: 8 August 2023
Report by: Executive Director (Community and Enterprise
Resources)  
Reference no:  P/23/0596
Proposal:  Erection of detached dwellinghouse on agricultural land
Site Address:  Stockwell Farm
Braidwood Road
Braidwood
Carluke
ML8 5NG
Applicant:  Mr and Mrs C Smith
Agent:  Richard Pears
Ward:  01 Clydesdale West
Application Type:  Planning Permission in Principle
Advert Type:  None
Development Plan
Compliance: 
No 
Departures:  N/A
Recommendation:  Refuse
Legal Agreement:  N/A
Direction to
Scottish Ministers 
N/A 
13
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1. Reason for Report
1.1 As required by the approved South Lanarkshire Council Planning Application
Decision-Making Process 2015, a request that this otherwise delegated application be
determined by the Planning Committee was received from local ward member,
Councillor David Shearer and this was agreed by the Head of Planning and Regulatory
Services and the Chair of the Planning Committee. 
2. Site Description
2.1. Situated approximately 90 metres west of the settlement boundary of Braidwood, this
application relates to an agricultural field belonging to Stockwell Farm.  The area is
generally surrounded by agricultural land to the west, south and east, with the former
Braidwood Estate grounds and category C listed Braidwood House (LB52615) to the
north. 
2.2 The buildings of Stockwell Farm consist of the farmhouse, situated on the southern
access, stable block, several sheds, a garage, polytunnel and an open shed which is
situated within the proposed site.  To the north of the site access is an area identified
as long-established woodland of plantation origin, included within the Ancient
Woodland Inventory (AWI) of Scotland.  The whole site and the immediate vicinity is
situated within the Green Belt, as designated in the adopted South Lanarkshire Local
Development Plan 2 (LDP2). 
3. Description of Proposed Development
3.1. The proposal is seeking consent for the erection of a new dwellinghouse which will
utilise the existing north-south access of Stockwell Farm. 
3.2 As the applicant is applying for Planning Permission in Principle (PPiP), detailed
design is not required at this stage.  An indicative design, of a detached garage,
driveway and a 1 and a half storey dwelling with a 96m2 footprint has been provided,
as well as previous designs by the applicant’s agent comprising of pitched roof
buildings with timber, zinc and corrugated metal sheeting as indicative materials. 
4. Relevant Planning History
4.1. (CL/07/0830) An application for the erection of a dwellinghouse was submitted in 2009
which was refused primarily due to constituting new residential development in Green
Belt without appropriate justification.  This decision was appealed by the applicant and
was not successful. 
4.2 (CL/13/0193) An application for the erection of an agricultural shed for storage
purposes was approved in 2013 and has since been implemented. 
4.3 (CL/16/0467) An application for the erection of a timber stable block and tack room
was approved in 2017 and has since been implemented. 
5. Supporting Information 
The following information was submitted by the agent in support of the application: 
5.1 Supporting Statement – this outlines and justifies the proposed siting and design of
the development. 
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6. Consultations
6.1 Roads Development Management Team: A Passing place should be provided within
the private access to allow vehicles to pass.  Where the proposed driveway meets the
existing access, a visibility splay of 2m x 20m should be provided and confirmed on a
plan.  Car parking to be in modules of 3m x 6m should be dimensioned on a plan. 
Response: Noted.   
7. Representations
7.1. Following the statutory period of neighbour notification and advertisement, no
representations were received. 
8. Development Plan
8.1. Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless
material considerations indicate otherwise.  The development plan comprises the
South Lanarkshire Local Development Plan 2 and National Planning Framework 4. 
8.2. National Planning Framework 4 
National Planning Framework 4 (NPF4) is the national spatial strategy for Scotland.  It
sets out spatial principles, regional priorities, national developments and national
planning policy. NPF4 supports the planning and delivery of sustainable places,
liveable places and productive places.  The relevant policies are:- 
National Planning Framework 4 Policies (2023) 
 Policy 1 - Tackling the Climate and Nature Crises 
 Policy 2 - Climate Mitigation and Adaptation 
 Policy 3 – Biodiversity 
 Policy 8 - Green Belts 
 Policy 14 - Design, Quality and Place 
 Policy 15 - Local Living and 20 Minute Neighbourhoods 
 Policy 16 - Quality Homes 
8.3. South Lanarkshire Local Development Plan 2 (2021) 
For the purposes of determining planning applications the Council will, therefore, also
assess proposals against the policies contained within the adopted South Lanarkshire
Local Development Plan 2 (SLLDP2).   
8.4. In this regard the application site and associated proposals are affected by the
following policies contained in the SLLDP2:- 
SLLDP2 Volume 1 Policies
 Policy 2 - Climate Change 
 Policy 4 - Green Belt and Rural Area 
 Policy 5 - Development Management and Placemaking 
SLLDP2 Volume 2 Policies
 Policy DM1 - New Development Design 
 Policy GBRA1 - Rural Design and Development 
 Policy GBRA8 – Development of Gap Sites
 Policy GBRA9 - Consolidation of Existing Building Groups 
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9.  Guidance
9.1. None 
10.  Assessment and Discussion
10.1. Introduction
Planning permission in principle is sought for the erection of a dwellinghouse on
agricultural land at Stockwell Farm, which is located southwest of the settlement of
Braidwood.  The purpose of the application is to determine whether the principle of
the development is acceptable.  Assessment against national and local policy are the
main considerations, together with an assessment of any other material planning
considerations. 
10.2. Principle of Development 
The site is located within the defined green belt.  Policy 8 of NPF4 aims to encourage
compact urban growth and use the land around towns and cities in a sustainable way. 
Regarding proposals for residential development within the green belt, Policy 8 of
NPF4 states that these will only be supported where the following is applicable:- 
⧫ Required and designed for a key worker in a primary industry within the
immediate vicinity of their employment or retired workers where there is no
suitable alternative accommodation available;
⧫ the reuse, rehabilitation and conversion of historic environment assets; or
⧫ one-for-one replacements of existing permanent homes. 
10.3. Furthermore, Policy 8 requires proposals to demonstrate a specific locational need
that would not undermine the purpose of the green belt, is compatible with the
established countryside character and landscape, and has been designed to ensure
there will be no significant long-term impacts on the environmental quality of the green
belt.  Whilst the supporting statement has explained the locational need of the house,
adjacent to family to help with childcare, it is contrary to this policy as it is not designed
for a key worker in a primary industry within the immediate vicinity, it does not seek to
reuse or convert an historic asset nor is it a one-for-one replacement. 
10.4. Policy 4 of SLLDP2 states that development within the green belt will be strictly
controlled and any proposals should accord with the appropriate uses set out in
Scottish Planning Policy (SPP) (this is now superseded by NPF4).  This policy
discourages isolated and sporadic development and aims to direct development to
appropriate locations, protect and enhance the character and landscape setting of
settlements and provide access to open space.  The green belt and rural area’s
primary function is for agriculture, forestry, recreation and other appropriate uses. 
Development which is not required to be located within the countryside will be
expected to be accommodated within the settlements identified on the proposals map. 
As noted above, the dwellinghouse is not needed to serve any appropriate identified
industry and therefore should be located within an established settlement.  The
proposal is therefore contrary to Policy 4 of SLLDP2 as it is out with the settlement
boundary of Braidwood and does not serve a specific locational need which is
identified within either local or national policy. 
10.5. Policy GBRA1 of SLLDP2 requires that development within the green belt adheres to
specific criteria which primarily relate to appropriate materials, scale, design, the
natural environment, and the historic environment.  As this is a PPiP application,
design details are not available.  As such, at this stage and based on the information
submitted, it is not possible for the applicant to demonstrate compliance with the policy
criteria at this time. 
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10.6. Policy GBRA8 of SLLDP2 identifies that proposals for new houses within the green
belt and rural area will be supported where 6 specific criteria are met.  In summary,
these criteria comprise of the building group forming a clearly identifiable nucleus with
strong visual cohesions, the proposed house size to plot ratio being comparable to
existing properties within the group, any new dwelling shall include provision for private
amenity space and the location siting and design meets the existing rural design policy
as set out in GBRA1.  The existing buildings denoted on the location plan are one
dwellinghouse and several outbuildings, sheds and a polytunnel.  This existing group
of structures do not create a ‘clearly identifiable nucleus’ as defined by GBRA8 and do
not have a ‘strong visual cohesion’ as required by this policy.  The proposal therefore
contravenes this policy. 
10.7. Policy GBRA9 of SLLDP2 requires that new houses within existing building groups
within the green belt meet 5 specific criteria.  As per GBRA8 above, the “building
group” in question is a single house with some outbuildings rather than a cluster of
homes in close proximity that is characteristic of much of the countryside in South
Lanarkshire.  Much like policy GBRA1, the criteria in policy GBRA9 primarily relates
to the design of the proposal and as this is an application for planning permission in
principle and, based on the limited information submitted, it is not possible for the
applicant to demonstrate that they comply with the relevant criteria at this time. 
10.8. Climate Change
Policy 1 and 2 of NPF4, aim to ensure that proposals for new development must,
where possible, seek to minimise and mitigate against the effects of climate change. 
The site is located out with the nearest settlement boundary of Braidwood, therefore,
it is not considered sustainable.  This is due to the predicted emissions by encouraging
vehicular travel due to the lack of suitable public transport methods.  It is remote from
services and facilities and would require the occupants to travel by private vehicle for
activities including work, retail and leisure.  It is, therefore, considered that the principle
of the development is contrary to Policy 1 and, as such, further conflicts with SLLDP2
Policy 2 - which states that proposals for new development must, where possible, seek
to minimise and mitigate against the effects of climate change. 
10.9. Layout, Siting, and Design
Policy 14 of NPF4 aims to encourage, promote and facilitate well designed
development that makes successful places by taking a design-led approach and
applying the Place Principle.  It sets out six qualities of successful places, including
whether the development is connected and sustainable. 
10.10. Policy 15 of NPF4 aims to encourage, promote and facilitate the application of the
Place Principle and create connected and compact neighbourhoods where people can
meet the majority of their daily needs within a reasonable distance of their home,
preferably by sustainable methods.  When assessing development proposals,
consideration will be given to the existing settlement pattern, and the level and quality
of interconnectivity of the proposed development with the surrounding area, including
local access to a range of facilities and services. 
10.11. As stated previously, due to being located out with a settlement boundary, the proposal
is not considered to be a connected or sustainable development, instead increasing
emissions through reliance of private vehicular travel.  The proposal does not meet
the aims of Policies 14 or 15 of NPF4. 
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10.12. Policy 16 of NPF4 aims to encourage, promote and facilitate the delivery of more high
quality, affordable and sustainable homes, in the right locations, providing choice
across tenures that meet the diverse housing needs of people and communities.  It
states that development proposals for new homes on land allocated for housing in
Local Development Plans (LDPs) will be supported.  The site is not identified as a
housing site in the LDP.  It is therefore considered that the proposed development is
contrary to NPF4 Policy 16. 
10.13. Policy 5 and DM1 of SLLDP2 state that proposals should consider and be integrated
within the local context and built form.  As the applicant has applied for planning
permission in principle based on a site plan but with no detailed plans of a house
design put forward at this time, it is not possible to reach a view on whether they will
integrate with local context and built form as required by SLLDP2 policy.  Furthermore,
new development should also have no significant adverse impact upon the local
community. 
10.14. Woodland and Trees
It is acknowledged that the northern part of the access for the site is situated within
the AWI designation.  The level of detail provided within the application alludes to none
of the trees within this designation being removed or altered. 
10.15. Policy 3 of NPF4 seeks to protect biodiversity, reverse biodiversity loss and deliver
positive effects from development.  The applicant has supplied no information on how
the proposal will contribute to the enhancement of biodiversity, although it is
acknowledged that this information is not necessary for a Planning Application in
Principle. 
10.16. Conclusion  
The proposal is not compliant with national and local policies regarding the green belt
designation.  The locational need, as stated within the accompanying Supporting
Statement, is not supported by the relevant policy, chiefly Policy 8 of NPF4.  The
development of new housing on a green belt site located out with the settlement
boundary is not considered to be sustainable development and will increase emissions
by encouraging vehicular travel.  The proposed development does not accord with
policy in the approved NPF4 or the adopted SLLDP2.  It is, therefore, recommended
that planning permission be refused. 
11. Recommendation and Conditions
11.1. The Committee is asked to agree the following recommendation:- 
Refuse Full Planning Permission for the reasons outlined below:- 
01. The site is within the green belt and there is no specific locational need for the
dwellinghouse to be located in the green belt which can be supported by national
policy.  It is therefore contrary to Policy 8 of the National Planning Framework 4
(2023). 
02. The site is within the green belt and there is no specific locational need for the
dwellinghouse to be located in the green belt which can be supported by local
policy.  It is therefore contrary to Policy 4 of the adopted South Lanarkshire Local
Development Plan 2 (2021). 
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03. The site is located out with any settlement boundary; therefore, the proposal is not
considered to be a sustainable development and will increase emissions by
encouraging private vehicular travel.  It is therefore contrary to Policy 1 of the
National Planning Framework 4 (2023). 
04. The site is located out with any settlement boundary; therefore, the proposal is not
considered to be a sustainable development and will increase emissions by
encouraging private vehicular travel.  It is therefore contrary to Policy 2 of the
National Planning Framework 4 (2023). 
05. The site is located out with any settlement boundary; therefore, the proposal is not
considered to be a sustainable development and will increase emissions by
encouraging private vehicular travel.  It is therefore contrary to Policy 14 of the
National Planning Framework 4 (2023). 
06. The site is located out with any settlement boundary; therefore, the proposal is not
considered to be a sustainable development and will increase emissions by
encouraging private vehicular travel.  It is therefore contrary to Policy 15 of the
National Planning Framework 4 (2023). 
07. The site is located out with any settlement boundary; therefore, the proposal is not
considered to be a sustainable development and will increase emissions by
encouraging private vehicular travel.  It is therefore contrary to Policy 1 of the
adopted South Lanarkshire Local Development Plan 2 (2021). 
08. The site is located out with any settlement boundary; therefore, the proposal is not
considered to be a sustainable development and will increase emissions by
encouraging private vehicular travel.  It is therefore contrary to Policy 2 of the
adopted South Lanarkshire Local Development Plan 2 (2021). 
09. The proposal would be contrary to 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. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 31 July 2023 
Background Papers
Further information relating to the application can be found online: 
P/23/0596 | Erection of detached dwellinghouse on agricultural land. | Stockwell Farm
Braidwood Road Braidwood Carluke ML8 5NG 
Corporate Considerations
The report raises no impacts or risks in terms of equalities or financial implications.  Any
implications in terms of climate change, sustainability or the environment will have been
considered above in terms of the relevant national and local policies.  
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Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Tel:  01698 454867
E-mail:  planning@southlanarkshire.gov.uk 
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