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Agenda Document Pack - Planning Committee - 13/09/2022

South Lanarkshire Council · 13 September 2022
Back to Planning Committee — 13 September 2022 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Monday, 05 September 2022 
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, 13 September 2022
Time:  10:00
Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton,
ML3 0AA 
The business to be considered at the meeting is listed overleaf. 
Yours sincerely 
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, Dr Ali Salamati,
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 16 August 2022
submitted for approval as a correct record.  (Copy attached) 
5 - 12 
Item(s) for Decision 
3 Application P/22/0954 for Erection of Single Storey Rear Extension at 59
Newfield Crescent, Hamilton
Report dated 24 August 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
13 - 20 
4 Application P/22/0524 for Erection of 296 Houses and Associated
Infrastructure Works (Approval of Matters Specified in Conditions 1 (a to
r), 3, 4, 6, 7, 8, 9, 10 and 12 of Planning Consent EK/09/0218 at Bellway
Phase 2, East Kilbride Community Growth Area (CGA), Newhouse Road,
East Kilbride
Report dated 1 September 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
21 - 40 
5 Application P/22/0851 for Erection of 55 Houses with Associated
Infrastructure and Landscaping at Land 165 Metres Southwest of South
Lanarkshire Lifestyles Stonehouse, Strathaven Road, Stonehouse,
Larkhall
Report dated 25 August 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
41 - 54 
6 Application P/22/0469 for Discharge of Conditions 1 (Excluding 1(f)), 6, 8,
9, 10, 11, 12, 13, 14, 16 and 18 of Consent HM/17/0488 (Mixed Use
Development Incorporating Residential Houses, Hotel, Office, Care Home,
Retail, Restaurant/Cafe, Open Space and Associated Works (Planning
Permission in Principle) (Approval of Matters Specified in Conditions) at
Former University of the West of Scotland, Almada Street, Hamilton
Report dated 2 September 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
55 - 70 
7 Application P/22/0348 for Erection of Restaurant with Ancilliary Takeaway
and New Vehicular Access, Parking and Associated Works at 235
Stonelaw Road, Rutherglen
Report dated 25 August 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
71 - 88 
8 Application P/21/1127 for Erection of 6 Wind Turbines (5 With a Maximum
Height to Tip of 250 Metres and 1 With a Maximum Height to Tip of 209
Metres) and Associated Infrastucture Including Access Tracks and
Electrical Control Building at Mill Rig Wind Farm, Waterhead Peelhill and
Linbank Highway, Strathaven
Report dated 2 September 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
89 - 118
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9  Application P/22/0349 for Extension to Time Period of Planning Permission
P/19/0076 for a Further 3 Years at Larkhall Community Growth Area,
Summerlee Road, Larkhall
Report dated 5 September 2022 by the Executive Director (Community and
Enterprise Resources).  (Copy attached) 
119 - 134 
Urgent Business 
10  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 the Council Chamber, Council Offices, Almada Street,
Hamilton on 16 August 2022 
Chair:
Councillor Gerry Convery (Depute) 
Councillors Present:
Councillor Alex Allison, Councillor Ralph Barker, Councillor Ross Clark, Councillor Margaret Cowie,
Councillor Maureen Devlin, Councillor Mary Donnelly, Councillor Gladys Ferguson-Miller, Councillor
Alistair Fulton, Councillor Celine Handibode, Councillor Mark Horsham, Councillor Ross Lambie,
Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Norman Rae, Councillor Dr Ali
Salamati, Councillor Graham Scott, Councillor David Shearer, Councillor Bert Thomson (substitute
for Councillor Monique McAdams), Councillor Helen Toner, Councillor David Watson 
Councillors' Apologies:
Councillor Archie Buchanan, Councillor Joe Fagan, Councillor Elise Frame, Councillor Monique
McAdams, Councillor Richard Nelson (Chair), Councillor John Ross 
Attending:
Community and Enterprise Resources
B Darroch, Planning and Building Standards Manager (East); T Finn, Planning and Building
Standards Manager (Headquarters); F Jack, Team Leader, Development Management Team,
Roads and Transportation Services; I Morton, Planning Team Leader (West Team); J Weir,
Planning Team Leader (West Team) 
Finance and Corporate Resources
M Cannon, Solicitor; S Jessup, Administration Assistant; S McLeod, Administration Officer; S
Somerville, Administration Manager 
1 Declaration of Interests 
No interests were declared. 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Planning Committee held on 21 June 2022 were submitted for
approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
3 Application P/22/0526 for Change of Use from House to Short-Term Residential
Let at 72 Whistleberry Wynd, Hamilton 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0526 by Rossleigh Developments Limited for the
change of use from house to short-term residential let at 72 Whistleberry Wynd, Hamilton.
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The Committee decided: that planning application P/22/0526 by Rossleigh
Developments Limited for the change of use from house to
short-term residential let at 72 Whistleberry Wynd,
Hamilton be granted subject to the conditions specified in
the Executive Director’s report. 
Councillor Fulton left the meeting during this item of business due to technical issues 
4 Application P/22/0511 for the Erection of Detached Residential House, Formation
of Access and Associated Works (Planning Permission in Principle) at Land 50
Metres Southeast of The Latches, Blackwood Estate, Blackwood, Lesmahagow 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0511 by P and M O’Brien for the erection of a
detached residential house, formation of access and associated works (planning permission in
principle) at land 50 metres southeast of The Latches, Blackwood Estate, Blackwood,
Lesmahagow. 
Following discussion, during which an officer responded to members’ questions on various
aspects of the report, Councillor Convery, seconded by Councillor Devlin, moved that the
application be granted subject to the conditions specified in the Executive Director’s report. 
Councillor Lambie, seconded by Councillor Allison, moved as an amendment that the
application be refused on the grounds that it did not comply with policies GBRA1 and GBRA8. 
On a vote being taken using the electronic voting system, 4 members voted for the amendment
and 15 for the motion which was declared carried. 
The Committee decided: that planning application P/22/0511 by P and M O’Brien for the
erection of a detached residential house, formation of access
and associated works (planning permission in principle) at land
50 metres southeast of The Latches, Blackwood Estate,
Blackwood, Lesmahagow be granted subject to the conditions
specified in the Executive Director’s report. 
Councillor Thomson joined the meeting during this item of business and was, therefore, unable to
participate in the vote 
5 Application P/21/1982 for Removal and Restoration of Railway Sidings and Reuse
of Material as Fill for Land Grading at Land 90 Metres North Northwest of 289
Carlisle Road, Kirkmuirhill 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/21/1982 by A Stewart for the removal and restoration
of railway sidings and reuse of material as fill for land grading at land 90 metres north northwest
of 289 Carlisle Road, Kirkmuirhill. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report.
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The Committee decided: that planning application P/21/1982 by A Stewart for the
removal and restoration of railway sidings and reuse of
material as fill for land grading at land 90 metres north
northwest of 289 Carlisle Road, Kirkmuirhill be granted subject
to the conditions specified in the Executive Director’s report. 
[Reference: Minutes of 25 August 2020 (Paragraph 17)] 
6 Application P/21/2132 for Erection of House with Extended Family
Accommodation and Detached Double Garage at Land 41 Metres North of The
Warren, Millrig Road, Wiston, Biggar 
A report dated 26 June 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/21/2132 by D Service for the erection of a house with
extended family accommodation and a detached double garage at land 41 metres north of The
Warren, Millrig Road, Wiston, Biggar. 
The Committee decided: that planning application P/21/2132 by D Service for the
erection of a house with extended family accommodation and
a detached double garage at land 41 metres north of The
Warren, Millrig Road, Wiston, Biggar be granted subject to the
conditions specified in the Executive Director’s report. 
Councillor Fulton re-joined the meeting during this item of business 
7 Application P/22/0387 for Amendment to Planning Permission CL/03/0257
Involving Substitution of House Types on Plots 131 to 161 at Land 92 Metres
North of Bourtree Crescent, Law, Carluke
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0387 by Persimmon Homes for amendment to
planning permission CL/03/0257 involving substitution of house types on plots 131 to 161 at
land 92 metres north of Bourtree Crescent, Law, Carluke. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report. 
The Committee decided: that planning application P/22/0387 by Persimmon Homes
for amendment to planning permission CL/03/0257
involving substitution of house types on plots 131 to 161 at
land 92 metres north of Bourtree Crescent, Law, Carluke
be granted subject to the conditions specified in the
Executive Director’s report. 
[Reference: Minutes of 11 May 2004 (Paragraph 4)] 
Councillor Lambie left the meeting during this item of business
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8 Application P/21/1975 for Change of Use of Retail Unit (Class 1) to Hot Food
Takeaway (Sui Generis) with Associated Alterations Including the Installation of a
Flue at 78 Main Street, Cambuslang 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/21/1975 by F McCabe for the change of use of a retail
unit (Class 1) to hot food takeaway (Sui Generis) with associated alterations including the
installation of a flue at 78 Main Street, Cambuslang. 
The Committee decided: that planning application P/21/1975 by F McCabe for the
change of use of a retail unit (Class 1) to hot food
takeaway (Sui Generis) with associated alterations
including the installation of a flue at 78 Main Street,
Cambuslang be granted subject to the conditions specified
in the Executive Director’s report. 
9 Application P/21/1999 for Demolition of Rear Conservatory and Garage and the
Erection of (a) a 1½ Storey Rear/Side Extension (b) Extension to the Rear and
Above Vestibule (c) Associated Alterations (Replacement of Soffits, Facias,
Rainwater Good, Windows and Doors and the Installation of an Air Source Heat
Pump) (d) Alterations to Front Boundary Wall to Provide Wider Vehicular Access,
Electric Gates and Garden Alterations, Including Boundary Fencing at 6
Brooklands Avenue, Uddingston 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/21/1999 by S Higgins for the demolition of a rear
conservatory and garage and the erection of (a) a 1½ storey rear/side extension (b) extension to
the rear and above vestibule (c) associated alterations (replacement of soffits, facias, rainwater
good, windows and doors and the installation of an air source heat pump) (d) alterations to front
boundary wall to provide wider vehicular access, electric gates and garden alterations, including
boundary fencing at 6 Brooklands Avenue, Uddingston. 
The Committee decided: that planning application P/21/1999 by S Higgins for the
demolition of a rear conservatory and garage and the
erection of (a) a 1½ storey rear/side extension (b)
extension to the rear and above vestibule (c) associated
alterations (replacement of soffits, facias, rainwater good,
windows and doors and the installation of an air source
heat pump) (d) alterations to front boundary wall to provide
wider vehicular access, electric gates and garden
alterations, including boundary fencing at 6 Brooklands
Avenue, Uddingston be granted subject to the conditions
specified in the Executive Director’s report. 
10 Application P/19/1802 for Erection of 26 Houses, Associated Access Road, Noise
Bund with Fence, SuDS Pond, Open Space and Landscaping at Land 85 Metres
South of 51 Brocketsbrae Road, Lesmahagow 
A report dated 27 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/19/1802 by Modern Housing Limited for the erection of
26 houses, associated access road, noise bund with fence, SuDS pond, open space and
landscaping at land 85 metres south of 51 Brocketsbrae Road, Lesmahagow. 
Points raised in a further representation were referred to at the meeting and addressed by an
officer.
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At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning
applications which required completion of a Legal Agreement.  If approved, the application
would be subject to a Legal Agreement and/or other appropriate mechanism and the approved
procedure would apply. 
There followed a discussion on the application during which an officer responded to members’
questions on aspects of the report. 
The Committee decided: 
(1) that planning application P/19/1802 by Modern Housing Limited for the erection of 26
houses, associated access road, noise bund with fence, SuDS pond, open space and
landscaping at land 85 metres south of 51 Brocketsbrae Road, Lesmahagow be granted
subject to:- 
 the conditions specified in the Executive Director’s report
 prior conclusion of a Section 75 Agreement and/or other appropriate agreement
between the Council, site owner(s) and applicant to ensure the provision of
affordable housing, educational facilities and the upgrade of community facilities
 the applicant meeting the Council’s costs associated with the legal agreements 
(2) that it be noted that, in accordance with the agreed procedure, should there be no
significant progress by the applicant towards the conclusion of the Legal Agreement within
6 months of the date of the meeting at which the application was considered, the proposed
development could be refused on the basis that, without the planning control or developer
contribution which could be secured by the Legal Agreement, the proposed development
would be unacceptable; and 
(3) that it be noted that, if the Legal Agreement had not been concluded within the 6 month
period but was progressing satisfactorily, the applicant would be offered the opportunity to
enter into a Processing Agreement, if this was not already in place, which would set an
alternative agreed timescale for the conclusion of the Legal Agreement. 
[Reference:  Minutes of 7 July 2015 (Paragraph 15)] 
11 Application P/22/0472 for Installation of 49.9mw Battery Storage Facility with
Associated Infrastructure at Land 125 Metres Northwest of East Kilbride 275kV
Grid Substation, East Kilbride 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0472 by Cathkin Energy Storage Limited for the
installation of a 49.9mw battery storage facility with associated infrastructure at land 125 metres
northwest of East Kilbride 275kV grid substation, 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/22/0472 by Cathkin Energy
Storage Limited for the installation of a 49.9mw battery
storage facility with associated infrastructure at land 125
metres northwest of East Kilbride 275kV grid substation,
East Kilbride be granted subject to the conditions specified
in the Executive Director’s report.
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12 Application P/22/0039 for Erection of 61 Houses and Amendment to House Types
(Part Amendment to Consent HM/16/0486 which relates to Approval of Matters
Specified in Conditions Attached to Application HM/10/0052) at Community
Growth Area Development - Northwest Plot, Highstonehall Road, Hamilton 
A report dated 27 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on planning application P/22/0039 by Miller Homes Limited for the erection of 61
houses and amendment to house types (part amendment to consent HM/16/0486 which relates
to approval of matters specified in conditions attached to application HM/10/0052) at Community
Growth Area Development - Northwest Plot, Highstonehall Road, Hamilton. 
The Committee decided: that planning application P/22/0039 by Miller Homes
Limited for the erection of 61 houses and amendment to
house types (part amendment to consent HM/16/0486
which relates to approval of matters specified in conditions
attached to application HM/10/0052) at Community Growth
Area Development - Northwest Plot, Highstonehall Road,
Hamilton be granted subject to the conditions specified in
the Executive Director’s report. 
[Reference: Minutes of 21 February 2017 (Paragraph 8)] 
13 Preparation of Electric Vehicle Charge Points - Supplementary Planning Guidance 
A report dated 26 July 2022 by the Executive Director (Community and Enterprise Resources)
was submitted on the preparation of Supporting Planning Guidance (SPG) for Electric Vehicle
Charge Points. 
At its meeting held on 16 November 2021, this Committee had approved draft SPG for Electric
Vehicle Charge Points, subject to public consultation, to provide information and assistance to
developers regarding the provision of Electric Vehicle Charge Point infrastructure in new
developments. 
Public consultation had since been carried out between 27 January and 11 March 2022, via an
advertisement in the local press and the Council’s website, resulting in 7 responses, the content
of which was summarised in the report. 
A number of minor updates had been included in the revised SPG, attached as an appendix to
the report, to reflect the responses to the consultation exercise, further consultation with relevant
Council Services and national guidance that had been issued since the approval of the draft
SPG.  Details of the updates were provided in the report. 
Subject to the Committee’s approval, the updated SPG would be published on the Council’s
website and become a material consideration in the determination of planning applications
alongside the adopted South Lanarkshire Local Development Plan 2. 
There followed a discussion during which officers responded to members’ questions on aspects
of the report. 
The Committee decided: 
(1) that the supporting Planning Guidance for Electric Vehicle Charge Points, attached as an
appendix to the report, be approved; and 
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(2) that the Head of Planning and Regulatory Services be authorised to make drafting and
technical changes to the draft document prior to its publication. 
[Reference: Minutes of 16 November 2021 (Paragraph 10)] 
14 Urgent Business 
There were no items of urgent business. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/22/0954
Erection of single storey rear extension 
1 Summary application information
Amended
•  Application type:  Householder
•  
Applicant:  Mrs Mary Donnelly
•  Location:  59 Newfield Crescent
Hamilton
ML3 9DT
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s):-
[recs]
(1) Grant detailed planning permission (subject to conditions) based on
conditions attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this
application. 
3 Other information
♦ Applicant’s Agent: Darren Macdonald
♦ Council Area/Ward: 17 Hamilton North And East
♦ Policy Reference(s): South Lanarkshire Local Development Plan 2
(Adopted 2021)
Policy 2 Climate Change
Policy 3 General Urban Areas
Policy 5 Development Management and
Placemaking
Policy DM2 House Extensions and Alterations 
3
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♦   Representation(s): 
► 1  Objection Letter
► 0  Support Letters
► 0  Comment Letters 
♦   Consultation(s):  None 
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Planning Application Report
1 Application Site
1.1 The application relates to a semi-detached dwellinghouse at 59 Newfield Crescent,
Hamilton. 
1.2 The application site fronts onto Newfield Crescent, beyond which are residential
properties.  The application site adjoins the neighbouring semi-detached property
at 61 Newfield Crescent.  There are residential properties to the other side and open
space/trees to the rear of the site. 
2 Proposal(s)
2.1 The applicant seeks detailed planning permission for the erection of a single storey
rear extension. 
2.2 The proposed rear extension would be approximately 5.5 metres wide and 3.35
metres in depth, approximately 18.4 square metres.  It would accommodate a dining
and sitting area.  The proposed materials are brown dry dash render to match
existing and dark grey slate. 
2.3 The applicant’s agent has confirmed that the proposed extension and all
drainage/guttering will be within the curtilage of the applicant’s site boundary. 
2.4 It should be noted that during the application process, a drawing for an outbuilding
was asked to be included in the application proposal, however, given that that this
was not originally referred to in the planning application form when the application
was submitted and, therefore, not referred to in the corresponding neighbour
notification that was issued, it does not form part of the current planning application
proposal.  Potentially it might be something that could be built under permitted
development. 
3 Background
3.1 Local Plan Status
3.1.1 With regard to the South Lanarkshire Local Development Plan 2: all applications
are assessed against Policy 2 – Climate Change and Policy 5 – Development
Management and Placemaking; the site falls within the general urban area where
Policy 3 – General Urban Areas applies; and the application is for the extension of
a dwelling therefore Policy DM2 – House Extensions and Alterations also applies. 
3.1.2 Policy 2 – Climate Change identifies that all development should seek to minimise
and mitigate the effects of climate change, however, the extension of existing
dwellinghouses is not considered to have a significant impact on the climate. 
3.1.3 Policy 3 – General Urban Areas and Settlements states that proposals that are
ancillary to residential areas will be assessed on their individual merits regarding
their effect on the amenity and character of the area. 
3.1.4 Policy 5 – Development Management and Placemaking states that the Council
should ensure that the proposal will not result in any significant adverse impact on
nearby buildings or the streetscape by way of layout, scale, massing, design, or
external materials.  Development should also have no unacceptable adverse
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impacts by way of overshadowing, overlooking or any other loss of residential
amenity. 
3.1.5 Policy DM2 – House Extensions and Alterations states that house extensions and
alterations will be considered favourably where it can be demonstrated that the
proposal complies with several criteria.  The siting, scale and design of the proposal
should respect the character of the existing dwelling and the wider area and should
not dominate or overwhelm the existing dwellinghouse and streetscape. 
Furthermore, it should not significantly adversely affect adjacent properties in terms
of overlooking or loss of privacy and daylight, and sufficient off-street parking and
useable garden ground should remain. 
3.2 Relevant Government Advice/Policy
3.2.1 Given the nature and scale of the proposed extension there is no specific
government guidance relative to the determination of this application. 
3.3 Planning Background
3.3.1 There are no records of any previous planning applications submitted for the site. 
4 Consultation(s)
4.1 None. 
5 Representation(s)
5.1 Statutory neighbour notification was undertaken, and one letter of objection was
received from the adjoining neighbouring proprietor at 61 Newfield Crescent.  The
grounds of the objections are summarised as follows:- 
a) Overshadowing/loss of daylight to kitchen window of adjoining semi-
detached dwellinghouse at 61 Newfield Crescent.
Response: All forms of development will generate a shadow of some description
and, therefore, it is the extent and duration of shadow that is important.  Given the
position/relationship of the existing dwellings, the location of the proposed extension
(west of the property), the size of gardens and the travel path of the sun, it is
considered that any impact on neighbouring properties will not be to a significant or
material degree in terms of overshadowing/loss of daylight that would justify refusal
of this application. 
b) Concerns over guttering and downpipes.  It is not clear from the plans
whether the guttering will be over adjoining semi-detached dwellinghouse
at 61 Newfield Crescent.  The build is proposed to be right up to the
boundary.  It is also not clear where the downpipes and drain-off will be
located.  Objects to guttering overhanging property and run-off or
downpipes draining onto property.
Response: The applicant’s agent has submitted a detailed drawing to indicate the
rainwater pickup (RWP) locations.  The agent has also advised that all drainage will
be within the site boundary of no. 59.  The objector has been informed of this.  Whilst
it appears from the submitted drawings/information that the proposed
extension/guttering would be located within the curtilage of the applicant’s property,
it should be noted that any land ownership/boundary disputes are ultimately civil
issues. 
5.2 This letter is available for inspection on the planning portal. 
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6. Assessment and Conclusions
6.1 The applicant seeks detailed planning consent for the erection of a single storey
rear extension at 59 Newfield Crescent, Hamilton.  The determining issues in the
assessment of this application are its compliance with local development plan policy
as well as its impact on surrounding amenity.  Under the terms of Section 25 of the
Town and Country Planning (Scotland) Act 1997 all applications must be
determined in accordance with the development plan unless material considerations
indicate otherwise.  In this case the development plan framework against which the
proposal requires to be assessed is the South Lanarkshire Local Development Plan
2. 
6.2 It is considered that the proposed development from a land use perspective raises
no issues.  In relation to Policies 2, 3, 5 and DM2 of the South Lanarkshire Local
Development Plan 2 it is noted that:- 
 As the application is for an extension to an existing house, the development
will not result in a significant material impact on the climate.
 It is considered that the proposed rear extension would be sympathetic to
the existing dwellinghouse and would not have a negative impact on the
visual quality and amenity of neighbouring properties and the local
environment.  The imposition of a planning condition, should consent be
granted, will ensure that the facing materials for the external walls and roof
of the proposed extension shall match the existing dwellinghouse. 
 All forms of development will generate a shadow of some description and
therefore it is the extent and duration of shadow that is important.  Given the
position of the existing dwellings and the proposed extension, along with the
travel path of the sun, it is considered that there would not be a significant or
material impact in terms of overshadowing/loss of sunlight/daylight that
would merit refusal of the application.
6.3 Statutory neighbour notification was undertaken, and 1 letter of objection has been
received.  The points of representation have been summarised in Section 5 above.
It is considered that the concerns raised, either individually or collectively, are not
of sufficient weight or merit from a planning perspective that could justify the refusal
of consent. 
6.4 In conclusion, following detailed consideration of the proposed extension as set out
above, it has been determined that the proposal generally complies with Policies 2,
3, 5, and DM2 of the South Lanarkshire Local Development Plan 2. The proposal is
acceptable, and it is therefore recommended that planning permission is granted for
the proposed extension in this instance. 
7. Reasons for Decision
7.1 The proposal will not result in a significant adverse impact on either residential or
visual amenity and complies with the provisions of Policies 2, 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: 24 August 2022 
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Previous References
 None 
List of Background Papers 
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 11 July 2022 
► Consultations: 
None 
► Representations:           Dated:
Duncan Fox, 61 Newfield Crescent, Hamilton, South
Lanarkshire, ML3 9DT 
02.08.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please
contact:- 
Murray Reid, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3
6LB
Phone: 07551 840 266   
Email: murray.reid@southlanarkshire.gov.uk  
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Detailed planning application 
Paper apart – Application number: P/22/0954 
Conditions and reasons 
01. That the facing materials to be used for the external walls and roof of the extension
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. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/22/0524
Erection of 296 houses and associated infrastructure works (Approval of
matters specified in conditions 1 (a to r), 3, 4, 6, 7, 8, 9,10 and 12 of
Planning Consent EK/09/0218) 
1 Summary application information 
Amended
•Application type:  Approval of matters specified in conditions
• Applicant:  Bellway Homes Limited and Abbey Developments
(Jackton) Limited 
•Location:  Bellway Phase 2 – East Kilbride Community Growth
Area (CGA)
Newhouse Road
East Kilbride
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s):-
[recs]
(1) Grant matters specified in conditions based on conditions attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this application. 
3 Other information
♦ Applicant’s Agent: 
♦ Council Area/Ward: 09 East Kilbride West
♦ Policy Reference(s): South Lanarkshire Local Development Plan 2 (Adopted
2021)
Policy 1 – Spatial Strategy
Policy 2 – Climate Change
Policy 5 – Development Management and Placemaking
Policy 7 – Community Infrastructure Assessment
Policy 11 – Housing
Policy 12 – Affordable Housing
Policy 13 – Green Network and Greenspace
Policy 16 – Water Environment and Flooding
Policy SDCC2 – Flood Risk
Policy SDCC3 – Sustainable Drainage Systems
Policy DM1 – New Development Design 
South Lanarkshire Council Residential Development
Guide (2011) 
4
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♦   Representation(s): 
► 18  Objection Letters
► 1  Support Letters
► 0 Comment Letters
► 1 Petition with 15 signatures 
♦   Consultation(s):   
Roads Flood Risk Management 
Roads Development Management Team 
Environmental Services 
Scottish Water 
SP Energy Networks 
Countryside and Greenspace 
Housing 
Scottish Environment Protection Agency (SEPA) Flooding 
Jackton and Thorntonhall Community Council 
West of Scotland Archaeology Service  
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Planning Application Report
1 Application Site
1.1 This planning application relates to a proposed residential development of 296 units on land
situated within the East Kilbride Community Growth Area (CGA).  The site lies to the west of
Trent Place, Tyne Place, Swift Place and Derwentwater, to the north of current development
on Newlands Road and north east of the newly constructed CGA Spine Road on the southern
edge of East Kilbride.  The site lies on the eastern edge of the masterplan approved as part of
Planning Permission in Principle application EK/09/0218 for a “mixed use development
comprising residential, retail and education uses and associated engineering works for site
infrastructure, new access and distributor road and formation of open space framework with
landscaping work.” 
1.2 The site is primarily agricultural land.  The site has varied topography and generally rises from
the Spine Road towards the north east at Trent Place / Swift Place.  The site falls away to the
south east and the watercourse then rises steeply in the south east corner towards
Derwentwater and less steeply towards the south and the current development north of
Newlands Road.  Areas to the west of the site and the Spine Road are currently being
developed.  There are two watercourses crossing the site, one from the south which joins one
from the north which then flows along the southwestern boundary of the site.  There are
several field boundary hedgerow tree lines and individual hedgerow trees across the site and
groups of trees along the watercourse banks.  The application site covers an area of
approximately 12.47 hectares. 
2 Proposal(s)
2.1 The application seeks to discharge various conditions imposed on Planning Permission in
Principle application EK/09/0218 for the development of East Kilbride Community Growth
Area. Condition 1 specifies that all relevant matters such as layout, siting, design, landscaping,
drainage etc are submitted to and approved by the Planning Authority.  The other conditions
to be discharged specify in further detail what information requires to be submitted to deal with
the relevant matters listed in Condition 1. 
2.2 The proposed residential development of 296 dwellinghouses consists of a mix of 2, 3, 4 and
5 bedroomed houses and 2 bedroomed cottage flats, comprising of 224 detached, 16 semi-
detached, 36 terraced houses and 20 cottage flats.  The development incorporates 56
affordable housing units, located in the northern area of the site.  These dwellinghouses will
be provided by Bellway Homes and operated by South Lanarkshire Council.  The development
would be accessed via a new roundabout on the Spine Road and via a link to the south through
the Avant development which is currently under construction.  Pedestrian links to Greenhills
Road to the north and through the linear openspace to the south, would also be provided, in
line with the principles established in the masterplan.  The proposal includes landscaping,
along the linear openspaces along the watercourses to the south and west towards the Spine
Road.  The proposal has been broadly designed in accordance with Designing Streets
principles and includes a variety of surface materials differentiating between parts of the
proposed layout. 
2.3 The applicant has submitted a number of documents in support of the application including:
Design and Access Statement, Ecology Update, Tree Survey, Landscape Planting Scheme,
Landscape Maintenance Plan, Habitat and Greenspace Management Plan, Site Investigation
Report, an Updated Flood Risk Assessment, Traffic Management Plan / Phasing Plan and
Draft Dust Management Plan. 
3 Background
3.1 Local Plan Status
3.1.1 In land use terms, the site is identified within the adopted South Lanarkshire Local
Development Plan 2 2021 (LDP) as forming part of the designated East Kilbride Community
Growth Area (Policy 1 - Spatial Strategy) and is allocated as a Proposed Housing Site (Policy
11 - Housing Land). Appendix 3 (Development priorities), relative to Policy 1, sets out the
requirements for the CGA in greater detail. 
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3.1.2 In addition to the above policy designation, which provides the overarching local plan policy
direction for the CGA, the proposed development is affected by a number of additional policies
within the Local Plan, as follows:- 
 Policy 2 – Climate Change
 Policy 5 – Development Management and Placemaking
 Policy 7 – Community Infrastructure Assessment
 Policy 11 – Housing
 Policy 12 – Affordable Housing
 Policy 13 – Green Network and Greenspace
 Policy 16 – Water Environment and Flooding
 Policy SDCC2 – Flood Risk
 Policy SDCC3 – Sustainable Drainage Systems
 Policy DM1 – New Development Design 
3.2 Relevant Government Advice/Policy
3.2.1 Relevant Government guidance is set out within the consolidated Scottish Planning Policy
(SPP) 2014 and National Planning Framework 3 (NPF3). NPF3 aims to facilitate new housing
development, particularly in areas where there is continuing pressure for growth. SPP
introduces a presumption in favour of development that contributes to sustainable
development.  In terms of residential development, the SPP advises that the planning system
should enable the development of well designed, energy efficient, good quality housing in
sustainable locations and allocate a generous supply of land to meet identified housing
requirements.  The Council must also maintain a five-year supply of effective housing land. 
3.3 Planning Background
3.3.1 Planning Permission in Principle (EK/09/0218) for the wider East Kilbride Community Growth
Area was approved at Planning Committee on 26 June 2018, subject to the conclusion of a
Section 75 Legal Agreement in respect primarily of financial contributions towards
infrastructure affected by the development.  Following signing of the agreement, the planning
permission was subsequently issued on 3 October 2019.  This application relates to part of
Phase 2 of the CGA development and is located north east of the newly constructed CGA
Spine Road and the proposed central amenity area. 
4 Consultation(s)
4.1 Roads Development Management Team – Roads and Transportation Services have
advised that they have no objections, subject to conditions in respect of sightlines, parking,
surfacing, footpath link, access, construction traffic, retaining walls details, electric vehicle
charging and invasive weed control. 
Response: Noted. Appropriate conditions and advisory notes can be added to any consent
granted. 
4.2 Roads and Transportation Services (Flood Risk Management Team) – Flood Risk
Management Team advised that they have no objections subject to the applicants satisfying
the Council’s design criteria and conditions relating to Sustainable Urban Drainage Systems,
drainage implementation and sewerage scheme approval by Scottish Water. 
Response: Noted. Appropriate conditions can be attached to any consent granted. 
4.3 Environmental Services – offered no objections subject to conditions relating to a Site
Investigations Report and any required remediation and dust control and management on site.
Response: Noted. Appropriate conditions can be added to any planning permission issued. 
4.4 SEPA – No objections to the proposed development as the proposal is outwith the floodplain
and a detailed Flood Risk Assessment for the wider CGA Masterplan site has previously been
assessed and considered acceptable by SEPA.
Response: Noted. Appropriate conditions can be attached to any consent issued. 
4.5 Scottish Water – offered no objections to the proposed development subject to the
requirement for the applicant to obtain the formal approval of Scottish Water once planning
consent has been granted at the time of connection. 
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Response: Noted. 
4.6 SP Energy Networks – offered no objections to the proposed development
Response:  Noted. 
4.7 West of Scotland Archaeology Service – offered no objections but have noted that a
condition was imposed on EK/09/0218 requiring archaeological investigations to be carried
out.
Response: Noted. Condition 23 of EK/09/0218, which requires the submission and
implementation of a program of archaeological works, remains applicable to this development.
The required archaeological investigations are being progressed at present. 
4.8 Housing Services – offered no objections to the proposed development as the site is included
in the South Lanarkshire Strategic Housing Investment Plan (SHIP) 2022/2027 and will
contribute to increasing the provision of affordable housing within South Lanarkshire.  The
proposed number of units and unit mix is appropriate and will be built by the applicant then
purchased by the Council and allocated through the Common Housing Register.
Response: Noted. 
4.9 Countryside and Greenspace – offered no objections to the proposed development subject
to any access paths and link paths being suitably surfaced and of a suitable width to allow for
shared use and provide all ability and active travel access.
Response: Noted. Suitable paths and link paths are proposed. 
4.10 Jackton and Thorntonhall Community Council – object to the proposed development on
the grounds that the proposal does not adhere to Local Development Plan Policy DM1 which
specifies “that there is no conflict with adjacent land uses and no adverse impact on existing
or proposed properties in terms of overlooking, loss of privacy, overshadowing, noise or
disturbance.”  The proximity of the proposed development with the existing settlement edge,
and the absence of an adequate separation zone of trees between the development and
existing properties in Swift, Tyne and Trent Places does nor accord with this policy.  The
Community Council request that the proposal be amended to address this issue. 
Response: Noted.  The approved masterplan for the site did not identify a substantial
woodland buffer along this boundary.  However, following submission of the current
application, the proposed plans have been amended to increase the landscape buffer at this
location.  It is considered that this improved planting buffer together with existing landscape
strip to the rear of properties in Trent Place and Tyne Place will provide suitable separation
distance and not result in an unacceptable impact in respect of overlooking, loss of privacy,
overshadowing, and residential amenity.  This boundary is not located at the settlement edge
in the adopted South Lanarkshire Local Development Plan 2, and the amended buffer is
considered to be consistent with the requirements of the adopted Development Plan and the
requirements set out in the Residential Design Guide which only requires structural planting
buffers on edge of settlement sites.   
5 Representation(s)
5.1 Statutory notification was undertaken and the proposals advertised in the local press in respect
of non-notification of neighbours.  Following this, 18 letters of objection, a petition with 15
signatures and 1 letter of support were received.  The issues raised in all representations can
be summarised as follows:- 
(a) The proposed development is not consistent with the approved Planning
Permission in Principle, EK/09/0218, Masterplan in respect of the timing and
phasing of the development and the provision of wider infrastructure and
community facilities.  These infrastructure and community facilities have not been
prioritised or progressed including additional education facilities and Hairmyres
station.  In addition, the Town Centre is in severe decline.
Response:  The development of the site is considered to be consistent with the general
phasing set out in the Masterplan which was granted consent as Planning Permission in
Principle (EK/09/0218).  Planning Consent P/22/1526 was granted in April 2020 for the
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provision of a Primary School and Nursery as set out in the Masterplan and construction
of the school has started.  There was no requirement for an additional secondary school
in respect of the CGA development with existing secondary schools having sufficient
capacity to accommodate the proposed increase in households.  Plans for a new
Hairmyres station and Park and Ride facility are currently being developed with Network
Rail prior to any formal planning application being submitted.  As with many town centres,
East Kilbride town centre has been affected by the recent changes in shopping patterns
particularly following the Covid pandemic. 
(b) The proposed development is not consistent with the approved Planning
Permission in Principle, EK/09/0218, Masterplan in respect of the design and layout.
The housing layout is not consistent with the approved Masterplan as there was no
detailed layout in the Masterplan.
Response:  The Masterplan was granted consent as a Planning Permission in Principle,
EK/09/0218, which granted consent for a Masterplan which indicated the types of
development in each area of the site.  The current application provides the detailed layout
within one of these areas and the proposed uses are consistent with the zonings in the
approved Masterplan. 
(c) The proposed development is not consistent with the approved Planning
Permission in Principle, EK/09/0218, Masterplan in respect of the design and layout.
There is no landscape buffer to the north of the site along the boundary with Trent
Place, Tyne Place and Swift Place as promised at a public meeting at the time of
the original Masterplan application and required by the Council’s Residential
Design Guide.  A substantial landscape buffer should be provided along this
boundary.
Response: The approved Masterplan drawing No.0713-MPDF-P004-F Detailed
Indicative Development Framework (Geddes Consulting), did not identify a landscape
buffer along this boundary with existing residential properties.  The Residential Design
Guide requires a landscape buffer or structural planting buffer to be provided where the
development site is an edge of settlement site.  This site is not located on the edge of the
settlement as defined in the adopted South Lanarkshire Local Development Plan 2 where
the settlement edge is defined further to the west along Jackton Road.  Although there is
no requirement for a structural planting buffer to be provided, since the current planning
application was submitted the Council has discussed this with the applicant and the plans
have been amended to increase the proposed buffer which will be planted with a mixture
of Hawthorn, Willow and Elder.  A condition can also be attached to any consent protecting
the existing boundary trees and shrubs along this boundary with existing properties. 
(d) There is a lack of housing choice as the proposed development does not offer a
suitable range of house types and there are no bungalows.
Response: The proposed development offers a range of house types consisting of 2, 3,
4 and 5 bedroomed houses and 2 bedroomed cottage flats, comprising of 224 detached,
16 semi-detached, 36 terraced houses and 20 cottage flats.  It proposes to provide both
private sector housing and affordable housing for rent. 
(e) The proposed location of the affordable housing is unsuitable being grouped in one
corner of the site away from amenities and facilities.  The affordable housing units
should be integrated through the site rather than segregated which can be seen as
discriminatory and an after thought.
Response: The location of the affordable housing is consistent with the approved
Masterplan and has been selected to enable easy access to the existing facilities.  A link
path will provide access through to the existing recreation ground and to bus routes along
Greenhills Road and providing access to existing retail and community facilities at
Greenhills, Hairmyres and beyond.  The location of the affordable housing in one area
also enables the units to be managed and maintained effectively.  
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(f) Raises concerns as to who will fund the construction of the affordable housing
properties.
Response:  These properties will be constructed by the applicant and then purchased by
South Lanarkshire Council through the affordable housing supply programme with partial
funding provided by the Scottish Government. 
(g) The location and layout of the site will result in overlooking, overshadowing and
have an adverse impact on the residential amenity of existing and proposed
properties, quality of life of residents and will result in complaints from the
residents of the proposed houses.  This constitutes a breach of human rights of
existing residents. The proposed houses closest to Trent Place and Tyne Place will
have north facing gardens causing the residents to use the end of their garden
closest to the existing properties increasing amenity issues. This will cause loss of
amenity to both existing and new residents.
Response: The layout of the proposed development complies with the window-to-window
distance between the proposed properties and the existing properties in Trent Place, Tyne
Place and Swift Place.  It is not considered that there will be an unacceptable impact in
respect of overlooking or overshadowing given the separation distances and the proposed
ground level of the development being increased above the existing ground level.
Following the submission of the planning application the plans have been amended to
increase the proposed buffer which will be planted and the existing boundary trees and
shrubs along this boundary will be retained providing suitable screening between the
existing and proposed properties. 
(h) Who will be responsible for the maintenance of the landscape buffers.
Response:  The landscape buffer within the planning application boundary will be
installed and maintained by the developer.  A Landscape Scheme and Maintenance
Schedule have been submitted by the applicant which sets out the planting specification
and the proposed maintenance schedule. 
(i) The proposed development will result in the loss of trees and raises concerns over
how the existing trees to be retained will be protected during construction and
requesting that the trees along the boundary with Trent Place, Tyne Place and Swift
Place are surveyed.
Response:  The proposed development and landscaping is considered to be consistent
with the approved landscaping Masterplan for the CGA which includes large areas of
additional planting.  A full tree survey of the CGA including boundary trees has been
submitted.  The development will retain trees along the watercourses / linear park and
along the boundaries of the site and additional tree and hedgerow planting is proposed
across the site.  A condition can be attached to any consent requiring the submission and
approval of tree protection measures during construction of the development and these
details will require to be approved by the Council prior to construction works commencing.
A condition can also be attached to any consent protecting the existing boundary trees
and shrubs along the north-eastern boundary with existing properties. 
(j) The proposed development does not include sufficient greenspace and green
networks and jeopardises the current significant flora, fauna and biodiversity of the
area and restricts further habitat connectivity.  There is a significant range of
wildlife on the site including otters, badgers, deer, owls and bats and these require
to be protected during and after construction of the development.  A replacement
badger set was constructed on site following the first phase of the Bellway Homes
development.  The ecological report has not been published.
Response:  An Ecology Report and a Habitat and Greenspace Management Plan have
been submitted by the applicant.  These reports set out the flora and fauna on the site.
They also include species specific protection plans for various protected species and
management plans for the green spaces during and following construction.  These
documents have not been published as they contain sensitive information in respect of
protected species on site.  The proposed green spaces and landscaping is considered to
be consistent with the approved Masterplan for the CGA which includes a significant
green network through the area.
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(k) The gabion wall along the Gill Burn will cause the watercourse to be in a canyon
and no longer visible.
Response:  The Gill Burn will be generally open to view from the wider site, forming part
of the central green space.  It will only have gabion walls on two sides for a short section
where the topography of the site requires this at the road crossing in the eastern area of
the site. 
(l) The archaeological site investigations require to be carried out and evaluated by a
fully qualified archaeologist.
Response:  The Archaeological Investigations are being carried out by Guard
Archaeology on behalf of Bellway Homes.  Once the investigations have been completed,
Guard Archaeology will prepare a report which sets out the methodology, findings and
any recommendations for Bellway Homes which will then be submitted to the Council.
Once this report has been received the Council will consult West of Scotland Archaeology
Services who will assess the report. 
(m) The construction works will result in unacceptable noise, vibration which may
cause structural damage to existing properties, dust, mess, disturbance of vermin,
disturbance at unsociable hours, weekends or holidays, anti-social behaviour and
site operatives using bad language.  What measures will be taken to control vermin
from the site.
Response:  Prior to the commencement of development on the site the applicant would
be required to set out mitigation measures to control such issues through a number of site
specific plans, including a Construction and Environmental Management Plan (CEMP)
and a Control and Mitigation of Dust.  Conditions can be attached in this respect.  Working
hours and disturbance will be controlled through Environmental Regulations which apply
to noise generating activities such as construction works. Any concerns relating to
potential structural damage as a result of the construction should be raised by property
owners directly with the applicant. 
(n) The proposed development will have an adverse impact on the existing recreation
ground at Trent Place which will become overused and congested.  There should
be additional recreation facilities provided in the proposed development.
Response:  The proposed development is part of the wider Masterplan development
which provides greenspace and recreation areas across the CGA.  Within this
development phase a large central linear openspace which runs through the site from
east to west is proposed.  In addition to this, the provision of a link path is considered
appropriate and necessary to provide access through to the existing recreation ground
and to existing wider community facilities. 
(o) The proposed development will result in drainage problems for the existing
properties and any drainage proposal should require a full independent drainage
survey.
Response:  The applicant has submitted a Drainage Layout and a Flood Risk
Assessment for the wider CGA has previously been submitted.  The Flood Risk
Management Team advised that they have no objections subject to the applicants
satisfying the Council’s design criteria and conditions relating to Sustainable Urban
Drainage Systems which include a Sustainable Drainage Design Independent Check
Certificate, drainage implementation and sewerage scheme approval by Scottish Water.
Appropriate conditions can be attached to any consent granted. 
(p) The proposed development will cause traffic congestion and pollution particularly
along Lindsayfield Road and Greenhills Road resulting in restricted access to
schools, impacts on the public transport network and pedestrian safety issues. 
The development is not using the approved access point and the access from
Newlands Road is not suitable for this additional traffic.
Response: Roads and Transportation Services raised no objection to the proposed
development and the scale of development, layout and access points are consistent with
the approved Masterplan in respect of the location of the accesses.  All vehicle accesses
to the proposed development are via the new spine road, one at the north-western point
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in the site at the roundabout and one through the Avant development at the southern point
in the site. 
(q) All link paths should be designed to a suitable specification in respect of width,
lighting and surfacing to allow them to be used by all, including cyclists and
wheelchair users.  Additional links, such as to Derwentwater, should be considered
and improvements to the wider footpath network links to existing community
facilities and transport.
Response:  The proposed development is part of the wider Masterplan development
which provides walking and cycling routes across the CGA and beyond.  A specific link is
proposed to provide access through to the existing recreation ground at Trent Place, to
bus routes along Greenhills Road and providing access to existing retail and community
facilities at Greenhills, Hairmyres and beyond.  Additional link paths are provided to the
current Bellway development, both directly and through the linear open space, onto
Newlands Road. No link path is proposed to Derwentwater.  These link paths will be
designed to a standard to allow access for all. 
(r) Raises concerns over security of existing properties during construction.  The
developer should take measures to protect security during construction and a
Police report should be undertaken and views of local residents should be sought.
Response:  Security is not a valid planning matter and conditions could not be attached
to a planning consent in respect of this issue.  However, the construction site will require
site safety fencing along the boundary and this may act as a suitable security measure. 
(s) The applicant failed to provide drainage plans, levels plans, site sections or
landscape plans.
Response:  The applicant provided drainage plans, levels plans, site sections and
landscape plans which are available on the planning portal. 
(t) Developer financial contributions have been removed from this application.
Response:  Financial contributions are required for this development and are secured
through the Section 75 Legal Agreement under the Planning Permission in Principle
consent EK/09/0218.  The applicant will make financial contributions each year as the
residential dwellings are completed in respect of the number of dwellings completed that
year. 
(u) There is no indication that Neighbour Notification had taken place in respect of the
land to the rear of 1 to 15 Swift Place.
Response:  All neighbouring properties which are located within 20m of the site boundary
were notified.  Where there is not a postal property address an advert is placed in the
local press to notify others that an application has been lodged.  An advert was placed in
the East Kilbride News on 11 May 2022. 
(v) The time provided for people to make representations was too short and there
should have been a public consultation meeting.
Response:  The statutory period for making representations is 21 days, however,
representations are accepted by South Lanarkshire Council until just prior to an
application being determined. In this case, representations have been accepted since 29
April 2002 until the date of the Planning Committee.  Any representations being received
after the report has been issued will be verbally reported at Planning Committee. In
respect of the request for the Council to hold a public meeting, the Council is required to
act independently from the applicant when assessing planning applications.  The Council
must assess any planning application against the policies set out in the adopted
Development Plan, currently the adopted South Lanarkshire Local Development Plan2
(2021).  
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(w) What happens if construction of the development starts then is haulted due to an
economic downturn.
Response:  Planning consents are required to commence on site within 3 years of the
date of consent.  There is no requirement to complete a development within a time period
once the development starts. 
(x) The proposed development will have an adverse impact on the value of adjacent
properties. 
Response: The impact on property values is not a valid planning matter. 
(y) The developer should purchase adjacent properties at full market value or allow the
existing properties to extend their gardens into the site. 
Response: This is not a valid planning matter and should be raised by property owners
directly with the applicant. 
(z) Support the proposed development as it provides a very good design and use of
the site.
Response: Noted. 
5.2 These letters are available for inspection on the planning portal. 
6 Assessment and Conclusions
6.1 The applicant, Bellway Homes Limited and Abbey Developments (Jackton) Limited, seeks
consent for the erection of 296 houses and associated infrastructure works on land forming
part of the East Kilbride Community Growth Area (CGA).  The site benefits from planning
permission in principle (EK/09/0218).  As such, the principle of the development has already
been established and this assessment relates to the details of the housing layout and
associated works.  Section 25 of the Town and Country Planning (Scotland) Act 1997 requires
that all planning applications are determined in accordance with the development plan, unless
other material considerations indicate otherwise.  The main determining issues, therefore, in
the assessment of this application are whether the proposed development is in compliance
with local development plan policy. 
6.2 The adopted South Lanarkshire Local Development Plan 2 (LDP) identifies the site, in land
use terms, as being within a Community Growth Area (as defined by Policy 1 – Spatial
Strategy).  The site is also allocated as proposed housing land (Policy 11 – Housing Land) to
reflect the designation of the CGA.  It is, therefore, noted that the principle of housing
development on this site is supported by Policies 1 and 11 of the adopted LDP.   
6.3 In respect of Policy 6 (Community Infrastructure Assessment) and Policy 12 (Affordable
Housing and Housing Choice), it is noted that the legal agreement associated with planning
permission EK/09/0218 sets out the requirement for developer contributions applicable to this
site to cover infrastructure impacts associated with education, roads and transportation,
affordable housing and community facilities.  The proposed development under consideration
includes on-site affordable housing provision of 56 units in the northern area of the site.  These
consist of 36 terraced houses and 20 cottage flats which will be constructed by the applicant
then purchased by South Lanarkshire Council through the affordable housing supply
programme with partial funding provided by the Scottish Government.  The properties will then
be allocated through the Common Housing Register.  The proposed number of units and unit
mix is considered appropriate and this approach to provision has been agreed with Housing
Services.  It is also considered that the submitted layout (in the context of the wider masterplan
and identified developer contribution requirements) has addressed the amenity, play provision
and community facility requirements identified within the Council’s Residential Design Guide.
The site provides suitable garden ground and will create part of the CGA central openspace. 
Play areas and a kickabout pitch will be within this central openspace together with walking
routes as part of the wider CGA provision.  The educational and transportation related
requirements associated with this proposal have also been assessed on a cumulative basis,
across the CGA as a whole, as part of planning permission EK/09/0218.  Taking the above
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into account, it is considered that the proposal is acceptable with regard to the requirements
of Policies 6 and 12 of the LDP. 
6.4 In terms of the detail of the proposal, Policy 5 of the LDP states that all planning applications
should take fully into account the local context and built form, while Policy 2 seeks to ensure
that proposed developments, where possible, seek to minimise and mitigate against the
effects of climate change.  Furthermore, any proposal should not result in significant adverse
environmental or amenity impacts.  Further guidance on design matters is contained in the
Council’s Residential Design Guide (2011).  In terms of the submitted layout, it is noted that
the proposal is for 296 residential properties and a central linear openspace, served by two
access roads linking the development with the main spine road through the CGA site.  The
proposed mix of house styles, external materials, size of properties and development layout
(including connections) are considered to be acceptable and in compliance with the principles
of the approved Masterplan.  Additionally, it is noted that the development is consistent with
the Masterplan and does not restrict the adjacent areas of development providing road links
to the adjacent Cala Homes site.  It is noted that the proposals incorporate appropriate design
features, including variation of surface materials, a permeable layout and junction treatment
to slow traffic.  In general, the layout has been designed to provide attractive streets, usable
openspace and link paths to encourage walking and cycling. 
6.5 With regard to potential amenity and road safety impacts, following discussion with the
Planning Service, the layout has been adjusted slightly to ensure that the proposed parking
and access specifications are in compliance with the Council’s standards and to ensure that
sufficient pedestrian connectivity is provided throughout the development.  In addition,
following discussions with the applicant the plans have been amended to increase the
proposed landscape buffer adjacent to existing properties which will be planted to provide
suitable screening between the proposed development and existing properties and existing
boundary trees and shrubs along this boundary can be protected through a planning condition.
Given the above, it is considered that there would be no significant road safety impacts and,
additionally, it is considered that there would not be any significant impact on the amenity
enjoyed by adjacent properties as a result of the development, as proposed.  Taking all
relevant matters into account, it is considered that the proposal is in compliance with Policies
2, 5 and DM1 of the LDP.   
6.6 In terms of flood risk and impact on the water environment (Policies 16, SDCC2and SDCC3
of the LDP), it is noted that the proposal includes a sustainable drainage system including two
SUDs basins.  The applicants have submitted drainage plans and the site forms part of the
wider CGA for which a Surface Water Management Plan by Indev Consulting 2017 and a
Flood Risk Assessment by Kaya Consulting 2016 and 2018 have been previously approved.
In this regard, the Flood Risk Management Team advised that they have no objections to the
proposed development subject to the applicants satisfying the Council’s SUDs design criteria
and conditions relating to Sustainable Urban Drainage Systems, drainage implementation and
sewerage scheme approval by Scottish Water. Taking the above into account, it is considered
that the proposal is acceptable with regard to the requirements of Policies 16, SDCC2and
SDCC3 of the LDP. 
6.7 The application site also lies partially in an area designated as green network, where Policy
13 (Green Network and Greenspace) of the LDP applies.  This policy seeks to safeguard the
local green network and identify opportunities for enhancement and / or extension to contribute
towards objectives including promoting active travel, placemaking and supporting biodiversity. 
In this regard, it is noted that the majority of the proposed development will be on agricultural
grazing land.  The development will create part of the CGA central openspace and will retain
Green Network links along the Gill Burn, other watercourses and through landscape buffers
along the site boundary, maintaining the Green Network links through the CGA, the wider
settlement and to the rural area.  Given the above, it is considered that the proposal would not
result in a significant change to quality or volume of green network land on the site and that
access to a connected green network would be available for residents, in compliance with
Policy 13 of the LDP.  
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6.8 In summary, it is noted that the principle of residential development of this site is supported by
development plan policies and the existing Planning Permission in Principle consent, including
the Masterplan associated with the site.  Furthermore, given that the proposal will not result in
adverse amenity, environmental or safety impacts, it is considered that the proposed
development is in compliance with Policies 1, 2, 5, 6, 11, 12, 13, 16, SDCC2, SDCC3 and
DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021).  It is, therefore,
recommended that the relevant conditions outlined above can be discharged, subject to the
additional conditions listed. 
7 Reasons for Decision
7.1 The proposal would have no significant adverse impact on amenity, public safety or the local
environment and complies with the provisions of Policies 1, 2, 5, 6, 11, 12, 13, 16, SDCC2,
SDCC3 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 1 September 2022 
Previous References
 Planning Committee - 26 June 2018 (EK/09/0218) 
List of Background Papers
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 29 April 2022
► Consultations
Roads Flood Risk Management 30.06.2022 &
12.08.2022 
Roads Development Management Team 25.05.2022 &
19.08.2022 
Environmental Services 17.08.2022
Scottish Water 12.05.2022
SP Energy Networks 05.05.2022
Countryside and Greenspace 16.05.2022
SEPA Flooding 14.06.2022
Housing Services 12.08.2022
Jackton and Thorntonhall Community Council 01.06.2022
West of Scotland Archaeology Service 09.05.2022
► Representations           Dated:  
Petition - Residents at Swift Place, Trent Place and Tyne Place, 15
Swift Place, East Kilbride, G75 8RT
19.05.2022 
Elaine Anderson, 33 Derwentwater, East Kilbride, G75 8JT  06.05.2022 
Jim Steele, 19 Trent Place, East Kilbride, G75 8RU  09.05.2022
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Andrew and Fiona Cameron, 17 Trent Place, East Kilbride, G75
8RU 
16.05.2022 
A Aitken, 35 Derwentwater, East Kilbride, G75 8JT  18.05.2022 
William T Blaney, 5 Tyne Place, East Kilbride, G75 8RY  17.05.2022 
Mr and Mrs D Stewart, 4 Tyne Place, East Kilbride, G75 8RY  20.05.2022 
Christina MacMillan, 8 Swift Place, East Kilbride, G75 8RT  18.05.2022 
John and Marlene Stewart, 19 Swift Place, East Kilbride, G75 8RT  24.05.2022 &
30.08.2022 
Mr Ross Gardner, 17 Swift Place, East Kilbride, G75 8RT  20.05.2022 
Mr and Mrs J Stewart, By Email  17.06.2022 
James Steele, By Email  19.05.2022 
William Blaney, Received Via Email  19.05.2022 
Andrew and Fiona Cameron, 17 Trent Place, East Kilbride, G75
8RU 
17.05.2022 
Mrs Gillian Dunker, 15 Trent Place, Broadmeadows, East Kilbride,
G758RU 
15.05.2022 
Ms Lynn Reid, 82 Glen Tennet, East Kilbride, Glasgow, South
Lanarkshire, G74 3UY 
09.05.2022 
Douglas and Catherine Cormie, By Email  26.05.2022 
Jackton and Thorntonhall Community Council, Received Via Email  01.06.2022 
Mrs Gillian Dunker, Received Via Email  29.05.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Morag Neill, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 07551 842 294
Email: morag.neill@southlanarkshire.gov.uk  
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Detailed planning application 
Paper apart – Application number: P/22/0524 
Conditions and reasons 
01. That before any development commences on site or before any materials are ordered or
brought to the site, details and samples of all materials to be used as external finishes on the
development shall be submitted to and approved by the Council as Planning Authority.   
Reason: To ensure the development is satisfactory in appearance and to maintain the visual
quality of the area. 
02. Prior to commencement of the development hereby approved, details of measures to facilitate
the provision of full fibre broadband to serve the development, including details of appropriate
digital infrastructure and a timescale for implementation, shall be submitted to and approved
in writing by the Council as Planning Authority, unless otherwise agreed in writing with the
applicant.  The approved measures shall thereafter be carried out in accordance with the
agreed implementation timescale.   
Reason: To ensure the provision of digital infrastructure to serve the development. 
03. That the landscaping scheme as shown on the approved Landscaping Scheme "Landscaping
Proposal Sheets 1 to 12 DWA Landscape Architects Ltd"  shall be completed to the satisfaction
of the Council as Planning Authority during the first available planting season following
occupation of the building(s) or the completion of the development hereby approved,
whichever is the sooner, and shall thereafter be maintained and replaced where necessary to
the satisfaction of the Council.   
Reason: In the interests of the visual amenity of the area. 
04. Prior to the commencement of the development hereby approved, the submitted Site
Investigations Report (Mason Evans - March 2020) and the Site Investigations Report
Addendum - Interim Report on Ground Investigation (Mason Evans July 2022)  shall be
updated and a final Site Investigation submitted to and approved in writing by the Council as
Planning Authority. 
Reason: To avoid unacceptable risks to human health and the environment, to ensure that the
land is remediated and made suitable for its proposed use. 
05. (a) Remediation of the site shall be carried out in accordance with the approved remediation
plan prior to the proposed development being brought into use.  Any amendments to the
approved remediation plan shall not be implemented unless approved in writing by the Council
as Planning Authority. 
(b) On completion of the remediation works, the developer shall submit a completion report to
the Council as Planning Authority, confirming that the works have been carried out in
accordance with the approved remediation plan and that the works have successfully reduced
these risks to acceptable levels. 
(c) Any previously unsuspected contamination which becomes evident during the
development of the site shall be brought to the attention of the Council as Planning Authority
within one week or earlier of it being identified.  A more detailed site investigation to determine
the extent and nature of the contaminant(s) and a site-specific risk assessment of any
associated pollutant linkages, shall then require to be submitted to and approved in writing by
the Council as Planning Authority. 
Reason: To avoid unacceptable risks to human health and the environment, to ensure that the
land is remediated and made suitable for its proposed use.  
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06. That the recommendations and procedures set out in the "Habitat and Greenspace
Management Plan" submitted in support of the proposed development, produced by JDC
ecology and dated April 2021 shall be adhered to at all times on site to the satisfaction of the
Council as Planning Authority.   
Reason: To ensure the appropriate protection and management of species and green spaces
within the site. 
07. 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: To minimise the risk of nuisance from dust to nearby occupants. 
08. That no development shall commence until details of surface water drainage arrangements
(including provision of a drainage assessment and maintenance responsibilities) have been
submitted to and approved in writing by the Council as Planning Authority; such drainage
arrangements will require to comply with the principles of sustainable urban drainage systems
and with the Council's Sustainable Drainage Design Criteria and requirements (Appendices
C,D & E).   
Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and
sustainable manner, to return it to the natural water cycle with minimal adverse impact on
people and the environment and to alleviate the potential for on-site and off-site flooding. 
09. That the development hereby approved shall not commence until surface water drainage
works have been completed in accordance with the details submitted to and approved by the
Council as Planning Authority, under the terms of Condition 8 above.   
Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and
sustainable manner, to return it to the natural water cycle with minimal adverse impact on
people and the environment and to alleviate the potential for on-site and off-site flooding. 
10. That no development shall commence on site until the applicant provides written confirmation
from Scottish Water to the Council as Planning Authority that the site can be satisfactorily
served by a sewerage scheme designed in accordance with Scottish Water's standards.   
Reason: To ensure the provision of a satisfactory sewerage system. 
11. No development shall take place within the development site as outlined in red on the
approved plan until the developer has secured the implementation of a programme of
archaeological works in accordance with a written scheme of investigation which has been
submitted by the applicant, agreed by the West of Scotland Archaeology Service, and
approved by the Council as Planning Authority.  Thereafter the developer shall ensure that the
programme of archaeological works is fully implemented and that all recording and recovery
of archaeological resources within the development site is undertaken to the satisfaction of
the Council as Planning Authority in agreement with the West of Scotland Archaeology
Service.   
Reason: In order to safeguard any archaeological items of interest or finds. 
12. That, before the development hereby approved is completed or brought into use, at all road
junctions a visibility splay of 2.4 metres by 43 metres measured from the road channel shall
be provided on both sides of the vehicular access and everything exceeding 0.9 metres in
height above the road channel level shall be removed from the sight line areas and thereafter
nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight
lines. 
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Reason: In the interests of traffic and public safety. 
13. That, before the development hereby approved is completed or brought into use, at all
driveway accesses a visibility splay of 2.4 metres by 2.4 metres measured from the heel of the
footway shall be provided on both sides of the vehicular access and everything exceeding 0.9
metres in height above the road channel level shall be removed from the sight line areas and
thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within
these sight lines.   
Reason: In the interests of public safety. 
14. That, before any dwellinghouses hereby approved are completed or brought into use, the
parking spaces associated with the dwellinghouses shall be put in place to the specification
and satisfaction of the Council as Roads and Planning Authority in accordance with the
approved plans and shall thereafter be maintained to the satisfaction of the Council.   
Reason: In the interests of road safety. 
15. That, before any dwellinghouse within the development hereby approved is completed or
brought into use, the first two metres of the associated driveway shall be surfaced, trapped
and sealed to prevent any deleterious material or water from leaving the carriageway and
entering the driveway, to the satisfaction of the Council as Roads and Planning Authority.   
Reason: In the interests of road safety. 
16. That, prior to the occupation of any of plots 367 to 535 of the development as shown on the
approved plans, a 3m wide remote footpath link, assessable to all, from the proposed
development to Greenhills Road shall be provided in accordance with the details shown on
the approved drawings.  All of the above shall be provided and thereafter maintained to the
specification and satisfaction of the Council as Roads and Planning Authority.   
Reason: In the interests of public safety. 
17. That unless otherwise agreed in writing with the Planning Authority, all construction vehicles
associated with the development hereby approved shall only access the site using the spine
road via Eaglesham Road to the north.  
Reason: In the interests of road safety. 
18. That, during the construction phase associated with the development hereby approved:   
 appropriate cleaning systems shall be put in place within the site to ensure mud and debris
is not deposited on the public road.
 appropriate wheel wash facilities/road cleaning regime shall be provided.
 all vehicles shall be able to access and exit the site in forward gears, therefore a turning
area shall be provided
 sufficient parking shall be provided within the site boundary to accommodate all site
staff/operatives parking requirements.   
Before the commencement of works on site full details and plans detailing the above
requirements shall be submitted to and approved by the Council as Roads and Planning
Authority.  Thereafter, the approved details shall be implemented on site to the satisfaction of
the Council throughout the construction phase.   
Reason: In the interests of road safety.  
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19. Prior to development commencing on site, full engineering drawings of all retaining walls,
including drainage details, shall be submitted to and approved in writing by the Council as
Planning Authority.  The retaining walls shall thereafter be constructed in accordance with the
approved details to the satisfaction of the Council as Planning Authority. 
Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and
sustainable manner, to return it to the natural water cycle with minimal adverse impact on
people and the environment and to alleviate the potential for on-site and off-site flooding. 
20. That, unless otherwise agreed in writing with the Council as Planning Authority, provision shall
be made for electrical charging points within the development for motor vehicles and mobility
scooters.  Prior to any works commencing on site details of the proposed arrangements shall
be submitted and agreed in writing with the Council as Planning Authority.  Thereafter the
scheme shall be implemented and maintained to the satisfaction of the Council as Planning
Authority.   
Reason: To ensure the provision of appropriate facilities on site. 
21. Prior to the commencement of the development hereby approved (including any demolition
and all preparatory work), a scheme for the protection of the retained trees, in accordance with
BS 5837:2012, including a tree protection plan(s) (TPP) and an arboricultural method
statement (AMS) shall be submitted to and approved in writing by the Council as Planning
Authority.  Specific issues to be dealt with in the TPP and AMS: 
a) Location and installation of services/ utilities/ drainage. 
b) Methods of demolition within the root protection area (RPA as defined in BS 5837: 2012) of
the retained trees. 
c) Details of construction within the RPA or that may impact on the retained trees. 
d) A full specification for the installation of boundary treatment works. 
e) A full specification for the construction of any roads, parking areas and driveways, including
details of the no-dig specification and extent of the areas of the roads, parking areas and
driveways to be constructed using a no-dig specification. Details shall include relevant
sections through them.
f) Detailed levels and cross-sections to show that the raised levels of surfacing, where the
installation of no-dig surfacing within Root Protection Areas is proposed, demonstrating that
they can be accommodated where they meet with any adjacent building damp proof
courses. 
g) A specification for protective fencing to safeguard trees during both demolition and
construction phases and a plan indicating the alignment of the protective fencing. 
h) A specification for scaffolding and ground protection within tree protection zones. 
i) Tree protection during construction indicated on a TPP and construction and construction
activities clearly identified as prohibited in this area. 
j) Details of site access, temporary parking, on site welfare facilities, loading, unloading and
storage of equipment, materials, fuels and waste as well concrete mixing and use of fires 
k) Boundary treatments within the RPA
l) Methodology and detailed assessment of root pruning 
m) Arboricultural supervision and inspection by a suitably qualified tree specialist 
n) Reporting of inspection and supervision 
o) Methods to improve the rooting environment for retained and proposed trees and
landscaping 
p) Veteran and ancient tree protection and management. 
The development shall thereafter be implemented in strict accordance with the approved
details. 
Reason:  To ensure that the trees to be retained will not be damaged during demolition or
construction and to protect and enhance the appearance and character of the site and locality.  
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22. Before any development or construction work begins, a pre-commencement meeting shall be
held on site and attended by the developers appointed arboricultural consultant, the site
manager/foreman and a representative from the Council as Planning Authority to discuss
details of the working procedures and agree either the precise position of the approved tree
protection measures to be installed OR that all tree protection measures have been installed
in accordance with the approved tree protection plan.  The development shall thereafter be
carried out in accordance with the approved details or any variation as may subsequently be
agreed in writing by the Council as Planning Authority. 
Reason:  To ensure that the Council as Planning Authority are satisfied that the trees to be
retained will not be damaged during development works and to ensure that, as far as is
possible, the work is carried out in accordance with the approved details. 
23. That no trees long the boundary of the site with Trent Place / Greenhills Road Recreation
Ground, Trent Place, Tyne Place and Swift Place shall be lopped, topped, pollarded or felled,
and no shrubs or hedges shall be removed from the application site without the prior written
consent of the Council as Planning Authority. 
Reason: In the interests of amenity and to ensure the protection and maintenance of the
existing trees and other landscape features within the site. 
24. Prior to the commencement of the development hereby approved a Construction and
Environmental Management Plan (CEMP) shall be submitted to and approved by the Council
as Planning Authority.  Thereafter, the approved details shall be implemented on site to the
satisfaction of the Council throughout the construction phase. 
Reason: In the interests of public safety and in order to retain effective planning control. 
25. That unless otherwise agreed, the applicant shall undertake an invasive weed survey, which
shall include nuisance weeds such as Horsetail, and submit the findings of the survey along
with their proposed remediation strategy, all for the written approval of the Council as Roads
and Planning Authority, prior to commencement on site of any topsoil stripping or other
earthworks.  That no invasive weeds or nuisance weeds shall be permitted below or within
influencing distance of the public road.  Once approved, all works shall be progressed in
accordance with the agreed remediation strategy. 
Reason: The remove the presence of invasive weeds from the site and ensure the site is
suitable for development. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/22/0851
Erection of 55no. dwellings with associated infrastructure and landscaping 
1 Summary application information 
Amended
•  Application type:  Detailed planning application
•   Applicant:  Miller Homes 
•  Location:  Land 165 metres Southwest of South Lanarkshire
Lifestyles Stonehouse
Strathaven Road
Stonehouse
Larkhall
South Lanarkshire
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s):-
[recs]
(1) Grant detailed planning permission (subject to conditions) based on conditions
attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this application. 
(2) If planning consent is granted, the decision notice should be withheld until a Planning
Obligation in respect of a financial contribution for the improvement/upgrading of
educational, community facilities, and off-site affordable housing provision in the area
has been concluded between the applicant and the Council. 
In accordance with agreed procedure, should there be no significant progress, on
behalf of the applicant, towards the conclusion of the Planning Obligation within 6
months of the date of the Committee, the proposed development may be refused on
the basis that, without the planning control/developer contribution which would be
secured by the Planning Obligation, the proposed development would be
unacceptable. 
All reasonable legal costs incurred by the Council in association with the above section
75 Obligation shall be borne by the developers.  
5
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3 Other information
♦ Applicant’s Agent: N/A
♦ Council Area/Ward: 05 Avondale and Stonehouse
♦ Policy Reference(s): South Lanarkshire Local Development Plan 2
(Adopted 2021) 
Policy 2 - Climate Change
Policy 3 - General Urban Areas
Policy 5 - Development Management and Placemaking
Policy 7 - Community Infrastructure Assessment
Policy 11 - Housing
Policy 12 - Affordable Housing
Policy 16 - Water Environment and Flooding
Policy DM1 - New Development Design 
South Lanarkshire Council Residential Development
Guide (2011) 
♦   Representation(s): 
► 0  Objection Letters
► 0  Support Letters
► 0  Comment Letters 
♦   Consultation(s):   
Roads Development Management Team 
Environmental Services 
Roads Flood Risk Management 
Scottish Water 
SP Energy Networks 
Estates Services - Housing and Technical Resources 
Community and Enterprise Resources - Play Provision Community Contributions 
Education Resources School Modernisation Team 
Housing Planning Consultations 
Stonehouse Community Council 
West of Scotland Archaeology Service 
Countryside and Greenspace 
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Planning Application Report
1 Application Site
1.1 This application site relates to an area of open grassland located on the edge of Stonehouse,
within the settlement boundary.  The site is approximately 2.4 hectares in area and is bounded
to the north by the A71/Strathaven Road and a new housing estate opposite; to the east by
South Lanarkshire Lifestyles community facility; to the south by agricultural land; and to the
west by agricultural land and a small row of cottages. 
1.2 The site is partly flat though gently slopes down from the north-east corner to the south and
western boundaries.  There are some trees and hedging around the perimeter of the site, with
an existing watercourse along the southern and western boundaries.  The site is currently
accessed via an informal track at the corner of Strathaven Road and Sandford Road.   
2 Proposal(s)
2.1 Detailed planning permission is sought for the erection of 55no. dwellings with associated
infrastructure and landscaping.  This would comprise of a mix of detached, semi-detached and
terraced 3 and 4 bedroom dwellings finished in white and Tuscan render, precast stone, and
grey concrete roof tiles.   
2.2 The site would be accessed from a new arm off the existing roundabout to the north-east of
the site incorporating a section of land associated with the adjacent community facility.  It
would also include a new footway link onto Strathaven Road.  The drainage for the site would
be connected to an existing sustainable urban drainage systems (SUDs) pond adjacent to the
main site and would include a pumping station in the south-west corner.  The proposal also
includes three main landscaped areas with various planting across the site.   
2.3 The development is classified as a 'Major' development under the Town and Country Planning
(Hierarchy of Developments) (Scotland) Regulations 2009 and was the subject of pre-
application consultation in the form of an online public event in October and November 2021. 
A number of documents have been provided in support of the application, including a site
investigation, traffic assessment, design and access statement, ecology report, tree survey
and energy statement.  At the pre-application stage the applicants submitted a screening
opinion to establish if an Environmental Impact Assessment (EIA) was required.  The Council
confirmed that whilst an EIA would not be required, the reports identified above would be
required. 
3 Background
3.1 Local Plan Status
3.1.1 In terms of land use, the site is identified within the South Lanarkshire Local Development
Plan 2 (Adopted 2021) as being within the Stonehouse settlement boundary.  As such, the
following policies are all relevant to the assessment of this development:- 
 Policy 2 – Climate Change
 Policy 3 – General Urban Areas
 Policy 5 – Development Management and Placemaking
 Policy 7 - Community Infrastructure Assessment
 Policy 11 – Housing
 Policy 12 – Affordable Housing
 Policy 16 – Water Environment and Flooding
 Policy DM1 – New Development Design 
3.2 Relevant Government Advice/Policy
3.2.1 Relevant Government guidance is set out within the consolidated Scottish Planning Policy
(SPP) 2014 and National Planning Framework 3 (NPF3). NPF3 aims to facilitate new housing
development, particularly in areas where there is continuing pressure for growth. SPP
introduces a presumption in favour of development that contributes to sustainable
development.  In terms of residential development, the SPP advises that the planning system
should enable the development of well designed, energy efficient, good quality housing in
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sustainable locations and allocate a generous supply of land to meet identified housing
requirements.  The Council must also maintain a five-year supply of effective housing land. 
3.3 Planning Background
3.3.1 A Permission in Principle application for a residential development at this site was submitted
in November 2015 under application reference HM/15/0487.  This application was granted at
Planning Committee in April 2016 subject to the agreement of a Section 75 and/or other
appropriate legal agreement in respect of financial contributions for education, community and
affordable housing.  However, these matters were never concluded.   
4 Consultation(s)
4.1 Roads Development Management Team – no objections to the proposal subject to the
attachment of a number of conditions including further roundabout details, visibility splays,
parking, surfacing, etc.   
Response: Noted.  Appropriate conditions can be attached to any consent issued.   
4.2 Roads Flooding Team – no objections to the proposal subject to a condition requiring the
provision of a SUDs drainage system.  
Response:  Noted.  Appropriate conditions can be attached to any consent issued.   
4.3 Environmental Services – no objections subject to the attachment of conditions requiring the
submission of a Noise Assessment (NA) and the provision of a contaminated land remediation
plan. 
Response: Noted.  Appropriate conditions can be attached to any consent issued.   
4.4 Scottish Water – no objections to the proposal. 
Response: Noted.   
4.5 SP Energy Networks – no response received to date.   
Response: Noted.   
4.6 Estates Services – no objections to the proposal. 
Response: Noted.   
4.7 Community and Enterprise Resources - Play Provision Community Contributions –
under a previous consultation, requested a commuted sum towards the provision of
community facilities.
Response: Noted. Planning permission would not be issued until an appropriate obligation
under Section 75 of the Planning Act, and/or other appropriate agreement, has been
concluded between the Council and the applicants. 
4.8 Education Resources – no objections subject to the developer providing a financial
contribution for education accommodation in the local area. 
Response: Noted. Planning permission will not be issued until an appropriate obligation under
Section 75 of the Planning Act, and/or other appropriate agreement, has been concluded
between the Council and the applicants.  This planning obligation would ensure that
appropriate financial contributions are made at appropriate times during the development
towards education accommodation. 
4.9 Housing and Technical Resources – under a previous consultation, requested a commuted
sum towards the provision of affordable housing off site.
Response: Noted. Planning permission would not be issued until an appropriate obligation
under Section 75 of the Planning Act, and/or other appropriate agreement, has been
concluded between the Council and the applicants.  This planning obligation would ensure
that an appropriate commuted sum is provided for off-site affordable housing.  
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4.10 Stonehouse Community Council – no response received to date.   
4.11 West of Scotland Archaeology Service (WOSAS) – no objections subject to the attachment
of a condition requiring the implementation of a programme of archaeological works.
Response: Noted.  An appropriate condition can be attached to any consent issued. 
4.12 Countryside and Greenspace – no objections to the proposal but suggest the inclusion of
an additional footway along the front of the site and advise the path to the south-east of the
site should be constructed to the ‘As Dug Path’ specification.  
Response: Noted, however, the Planning Service do not consider the additional footway
necessary in this instance.  However, should permission be granted, a suitable condition can
be attached in relation to the pathway specification.   
5 Representation(s)
5.1 Statutory neighbour notification was undertaken, and the proposal was advertised in the local
press as not all neighbours could be identified, however, no representations have been
received from third parties.   
6 Assessment and Conclusions
6.1 Miller Homes seek detailed planning permission for the erection of 55no. dwellings with
associated infrastructure and landscaping on land 165M Southwest of South Lanarkshire
Lifestyles, Strathaven Road, Stonehouse.  The determining issues in the assessment of this
application are compliance with local plan policy, its impact on the amenity of the adjacent
properties, and road safety matters 
6.2 In this case, the adopted South Lanarkshire Local Development Plan 2 (2021) identifies the
site as within the settlement boundary, therefore Policy 3 – General Urban Areas is applicable
and advises proposals within or adjacent to residential areas will be assessed on their
individual merits, with particular regard to their effect on the amenity and character of the area. 
Developments 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.  Policy 5 –
Development Management and Placemaking advises that to ensure development takes
account of the principles of sustainable development, all proposals require to be well designed
and integrated with the local area. Policy DM1 – New Development Design also requires
development to promote quality and sustainability in design and layout.   
6.3 The Council’s Residential Development Guide (RDG) (2011) is also relevant and provides
guidance on the design and layout of new housing developments.  Policy 11 – Housing advises
the Council expects developers to provide a diverse and attractive mix of house types and
sizes, including different tenure mixes to ensure that a full range of housing types are provided
in order to meet the diverse housing need and demand across the Council area.  Policy 2 –
Climate Change seeks to ensure that developments seek to minimise and mitigate against the
effects of climate change and that development does not result in any significant
environmental or amenity impacts. 
6.4 In this case, the application for 55 dwellinghouses with associated infrastructure and
landscaping will include a mix of 10 house types consisting of 3 and 4 bed detached, semi-
detached and terraced properties.  Access into the site will be via a new arm off the existing
roundabout adjacent to the site.  In terms of the policies above, the proposed mix of house
types, materials, size of properties and development layout are considered to be acceptable
and in compliance with the principles of the Council’s RDG.  Furthermore, the plots can meet
the requirements in terms of window-to-window distances, plot ratios and parking
requirements.  The applicant has also included an energy and sustainability statement as part
of the submission.  In terms of landscaping, the site includes a number of landscaped areas
including a buffer along the frontage (north) of the site, as well as a landscaped area with
pathway adjacent to the existing stream to the south of the site, and various planting across
the development.  As such, I am satisfied this site provides access to adequate amenity space
for residents and will not result in any adverse visual or landscape impacts. 
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6.5 Policy 7 - Community Infrastructure Assessment advises that a financial contribution from the
developer will be sought where it is considered that a development requires capital or other
works or facilities to enable the development to proceed.  Through an assessment of the
proposals, it is considered that contributions would be required in terms of the impact on
educational and community facilities.  This can be achieved through a legal agreement, or
other appropriate means.  Furthermore, the Council expects developers to contribute to
meeting affordable housing needs across South Lanarkshire.  As such, Policy 12 - Affordable
Housing and Housing Choice is applicable.  The applicants are in agreement to making such
a contribution for off-site affordable housing within the local housing area and this will be
achieved through a legal agreement or other appropriate means.  The proposal therefore
complies with Policies 7 and 12. 
6.6 In terms of road safety impacts, the site layout has been designed to ensure the parking and
access specifications are in compliance with the Council’s standards and to ensure adequate
pedestrian connectivity is provided throughout the development.  As such, the Council’s Roads
and Transportation Development Management Team have confirmed their satisfaction with
the layout subject to the attachment of conditions.  In terms of flood risk and impact on the
water environment (Policy 16 – Water Environment and Flooding), the proposal includes
sustainable drainage features.  In this regard, it is noted that no objections have been received
from the Council’s Roads Flood Risk Management team subject to the attachment of
conditions.  Should permission be granted appropriate Roads conditions would be attached to
the consent issued.   
6.7 The Council’s Environmental Services have also raised no objections subject to the
attachment of conditions requiring the submission of a Noise Assessment (NA) and the
provision of a contaminated land remediation plan.  Should permission be granted, suitable
conditions can be attached.   
6.8 As part of the application submission, the applicant provided an ecological assessment of the
site which surveyed it for a variety of species including bats, otters, badgers, water voles, great
crested newts, reptiles and birds.  It was noted in the report that a badger sett with badger
holes and prints were found within 15 metres of the site boundary.  It was also noted that the
site has suitability for other species.  As such, the ecology reports contain a number of
recommendations that must be complied with.  Should permission be granted, appropriate
conditions would be attached to any consent issued.   
6.9 In conclusion, the principle of residential development of this site is supported by the
appropriate local plan policies.  The proposal will have no adverse impacts on amenity, road
safety, or environmental impacts and as such it is considered the proposal complies with
Policies 2, 3, 5, 7, 11, 12, 16 and DM1 of the adopted South Lanarkshire Local Development
Plan 2 (2021), as detailed above.  It is therefore recommended that planning permission is
granted subject to the attached conditions.   
7 Reasons for Decision
7.1 The proposal would have no significant adverse impact on amenity, public safety or the local
environment and complies with the provisions of Policies 2, 3, 5, 7, 11, 12, 16 and DM1 of the
South Lanarkshire Local Development Plan 2 (Adopted 2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
25 August 2022 
Previous References
 P/22/0400
 Planning Committee – 26 April 2016 (HM/15/0487) 
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List of Background Papers
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 16 June 2022 
► Consultations
Roads Development Management Team 19.08.2022
Environmental Services 05.07.2022
Roads Flood Risk Management 13.07.2022
Scottish Water 22.06.2022
SP Energy Networks No response
Estates Services - Housing and Technical Resources 17.06.2022
Community and Enterprise Resources - Play Provision Community
Contributions 
No response
Education Resources School Modernisation Team 20.06.2022
Housing Planning Consultations No response
Stonehouse Community Council No response
West of Scotland Archaeology Service 21.06.2022
Countryside and Greenspace 21.06.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Julie Pepper, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 455046   
Email: julie.pepper@southlanarkshire.gov.uk  
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Detailed planning application 
Paper apart – Application number: P/22/0851 
Conditions and reasons 
01. That before any development commences on site or before any materials are ordered or
brought to the site, details and samples of all materials to be used as external finishes on the
development shall be submitted to and approved by the Council as Planning Authority.   
Reason: To ensure the development is satisfactory in appearance and to maintain the visual
quality of the area. 
02. That the approved landscaping scheme shall be completed to the satisfaction of the Council
as Planning Authority during the first available planting season following occupation of the
building(s) or completion of the development hereby approved, whichever is the sooner, and
shall thereafter be maintained and replaced where necessary to the satisfaction of the Council.   
Reason: In the interests of the visual amenity of the area. 
03. That before development starts, full details of the design and location of all fences and walls,
including any retaining walls, to be erected on the site shall be submitted to and approved by
the Council as Planning Authority.   
Reason: To ensure the development is satisfactory in appearance and to maintain the visual
quality of the area. 
04. That before any of the dwellinghouses situated on the site upon which a fence is to be erected
is occupied, the fence or wall for which the permission of the Council as Planning Authority
has been obtained under the terms of Condition 3, shall be erected and thereafter maintained
to the satisfaction of the Council.   
Reason: To ensure the development is satisfactory in appearance and to maintain the visual
quality of the area. 
05. That no dwellinghouse shall be occupied until the site is served by a sewerage scheme
constructed in accordance with Scottish Water standards and as approved by the Council as
Planning Authority in consultation with Scottish Water as Sewerage Authority.   
Reason: To ensure the provision of a satisfactory sewerage system. 
06. Prior to commencement of the development hereby approved, details of measures to facilitate
the provision of full fibre broadband to serve the development, including details of appropriate
digital infrastructure and a timescale for implementation, shall be submitted to and approved
in writing by the Council as Planning Authority, unless otherwise agreed in writing with the
applicant.  The approved measures shall thereafter be carried out in accordance with the
agreed implementation timescale.   
Reason: To ensure the provision of digital infrastructure to serve the development. 
07. The applicant shall undertake a Noise Assessment (NA) to determine the impact of road traffic
noise from Strathaven Road on the proposed development using the principles set out in
"Calculation of Road Traffic Noise" (DoT/Welsh Office, HMSO, 1988) or by a method to be
agreed by the Planning Authority.  The survey shall take cognisance of the Scottish
Government Document: Technical Advice Note Assessment of Noise. 
The survey shall be submitted to and approved by the Planning Authority and where potential
noise disturbance is identified, it shall include a scheme for protecting the proposed dwellings
from road traffic noise.  The scheme shall ensure that the internal levels with windows closed
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do not exceed 40 dB daytime (07:00 -23:00) and 35 dB night-time (23:00 - 07:00) and the
external levels do not exceed 55 dB daytime in any garden areas, when measured as LAeq,T. 
Reason: To minimise noise disturbance to new residents and adjacent occupants. 
08. (a) Remediation of the site shall be carried out in accordance with the remediation plan
supplied in support of the application (Ref: NG121-21/MAK/AB/JWM/HB Johnson. Poole and
Bloomer October 2013) prior to the proposed development being brought into use.  Any
amendments to the approved remediation plan shall not be implemented unless approved in
writing by the Council as Planning Authority. 
(b) On completion of the remediation works, the developer shall submit a completion report to
the Council as Planning Authority, confirming that the works have been carried out in
accordance with the approved remediation plan and that the works have successfully reduced
these risks to acceptable levels. 
(c) Any previously unsuspected contamination which becomes evident during the
development of the site shall be brought to the attention of the Council as Planning Authority
within one week or earlier of it being identified.  A more detailed site investigation to determine
the extent and nature of the contaminant(s) and a site-specific risk assessment of any
associated pollutant linkages, shall then require to be submitted to and approved in writing by
the Council as Planning Authority.   
Reason: To ensure that risks from the development being adversely affected by an elevated
risk of naturally occurring radon are minimised. 
09. That before any development commences on site, details of facilities for the storage of refuse
within the site, including design, location, external finishes and access for its uplift, shall be
submitted to and approved in writing by the Council as Planning Authority.  No dwelling unit
shall be occupied until these facilities have been provided in accordance with the approved
scheme or such alternative as may be 
agreed in writing with the Council as Planning Authority.   
Reason: To ensure that adequate refuse arrangements are provided that do not prejudice the
enjoyment of future occupiers of the development or neighbouring occupiers of their
properties, to ensure that a satisfactory external appearance is achieved and to ensure that
appropriate access is available to enable refuse collection. 
10. That, before any dwellinghouse hereby approved is completed or brought into use, the parking
spaces associated with the dwellinghouse shall be put in place to the specification and
satisfaction of the Council as Roads and Planning Authority in accordance with the approved
plans and shall thereafter be maintained to the satisfaction of the Council.     
Reason: In the interests of road safety. 
11. That all recommendations and procedures set out in the Wild Surveys Ltd Extended Phase 1
Habitat Survey dated 28 March 2022 submitted in support of the proposed development, shall
be adhered to at all times on site to the satisfaction of the Council as Planning Authority.   
Reason: To ensure the appropriate protection and management of species within the site. 
12. That no development shall commence until details of surface water drainage arrangements
have been submitted to and approved in writing by the Council as Planning Authority; such
drainage arrangements will require to comply with the principles of sustainable urban drainage
systems and with the Council's Sustainable Drainage Design Criteria and shall include signed
appendices as required.  The development shall not be occupied until the surface drainage
works have been completed in accordance with the details submitted to and approved by the
Council as Planning Authority.   
Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and
sustainable manner, to return it to the natural water cycle with minimal adverse impact on
people and the environment and to alleviate the potential for on-site and off-site flooding. 
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13. No development shall take place within the development site as outlined in red on the
approved plans until the developer has secured the implementation of a programme of
archaeological works in accordance with a written scheme of investigation which has been
submitted by the applicant, agreed by the West of Scotland Archaeology Service, and
approved by the Council as Planning Authority.  Thereafter, the developer shall ensure that
the programme of archaeological works is fully implemented and that all recording and
recovery of archaeological resources within the development site is undertaken to the
satisfaction of the Council in agreement with the West of Scotland Archaeology Service.   
Reason: In order to safeguard any archaeological items of interest or finds. 
14. That prior to the commencement of site works, a badger protection plan (BPP) for the site shall
be produced and submitted for consideration and approval.  This should include all
requirements as set out in the Wild Surveys Ltd Extended Phase 1 Habitat Survey dated 28
March 2022.   
Reason: To ensure compliance with legislative and industry standards in relation to European
Protected species. 
15. That prior to occupation of the dwellings hereby approved, the pathway located to the south-
east of the site shall be constructed to the ‘As Dug Path’ specifications, and include the
provision of suitable bridges, and thereafter shall be maintained to the satisfaction of the
Council.   
Reason: To ensure the provision of appropriate facilities on site.  
16. That prior to works commencing on site the applicant shall submit, for the written approval of
the Council as Planning and Roads Authority, detailed proposals for the roundabout access
generally in accordance with drawing 805354-E01001 (Revision A) which shall incorporate
narrowing of the running lanes at the eastern traffic island all designed in accordance with the
Design Manual for Roads and Bridges and submitted for Road Construction Consent.  The
submission shall include details such as kerbing, construction specification, street lighting,
traffic signs, traffic bollards, road markings, tactile paving and an enhanced pedestrian/cycling
crossing point in accordance with Cycle by Design 2021.
Reason:  This detail has not been submitted.
17. That the developer shall resurface those extents of circulatory carriageway on the roundabout
over the extent of their works as determined by the Council as Planning and Roads Authority.
Reason:  In the interests of road safety.
18. That prior to works commencing on site the developer shall submit, for the written approval of
the Council as Planning and Roads Authority, proposals for boundary screening between their
site access road and South Lanarkshire Council Lifestyles car park to prevent dazzling by
vehicle headlights.  Once approved, the screening measures shall be implemented on site
prior to occupation of the first dwellinghouse and thereafter maintained as part of the
development Factoring all in accordance with the approved design.
Reason: In the interests of road safety.
19. That prior to occupation of the first dwellinghouse, the agreed roundabout access referred to
in the previous conditions, shall be constructed on site in accordance with the approved plans
and specification to the satisfaction of the Council as Planning and Roads Authority.
Reason:  To ensure the provision of the required access. 
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20. That the developer incorporates the recommendations contained within the Stage 1/2 Road
Safety Audit prepared by Stewart Paton Associates reference 5332 dated 16 July 2022.
Reason:  In the interests of road safety.
21. That prior to commencing works on site, the developer shall consult with Strathclyde
Partnership for Transport on improving access to public transport from the development and
submit the findings, along with timescales for implementation of any recommendations, for the
written approval of the Council as Planning and Roads Authority.
Reason:  To improve public transport links.
22. That junction and forward visibility splays shall be provided in accordance with drawing
805354/E16 (Original) and that nothing over 900mm in height as measured above the adjacent
road channel level, i.e., trees, shrubs, walls etc., shall be permitted within these visibility
splays.
Reason: In the interests of traffic and public safety.
23. That all driveways, parking bays and access to parking courtyards shall be served by 2metre
x 20metre visibility splays in both directions and pedestrian visibility splays of 2.4 metres x 2.4
metres measured from within the driveway looking in both directions along the footway heel
kerb, and that nothing over 600mm in height as measured above the adjacent footway level,
i.e., trees, shrubs, walls etc., shall be permitted within any of these visibility splays.
Reason: In the interests of traffic and public safety.
24. That prior to any works commencing on site, the developer shall submit, for the written
approval of the Council as Planning and Roads Authority, their construction phase surface
water management strategy and once approved undertake all works in accordance with the
agreed strategy.
Reason: To ensure the provision of a satisfactory water management strategy.
25. That all car parking spaces shall be provided in accordance with drawing DRIVEWAYS001
(Original) in compliance with the SCOTS National Roads Development Guide as follows:
2 and 3 bedrooms - 2 parking spaces
4 and 5 bedrooms - 3 parking spaces 
Reason:  To ensure adequate parking provision.  
26. That all residential dwellings hereby approved, shall be provided with access to their own
electric vehicle charging point capable of delivering a minimum 7kw charge all in accordance
with the Council's 'Supporting Planning Guidance - Electric Vehicle Charging Points August
2022'.  Where EVC points are not located within a private driveway, then details shall include
arrangements for siting of charging posts taking account of parking bays, boundary features
and pedestrian movement, and be accompanied by proposals for maintenance arrangements. 
Once approved the agreed EVC provision shall be installed, commissioned, and maintained
in accordance with the approved plans and specifications prior to that property which it serves
being occupied.
Reason: To ensure the provision of appropriate facilities on site. 
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27. That, before any dwellinghouse within the development hereby approved is completed or
brought into use, the first two metres of the associated driveway shall be surfaced, trapped
and sealed to prevent any deleterious material or water from leaving the carriageway and
entering the driveway, to the satisfaction of the Council as Roads and Planning Authority. 
Reason: In the interests of road safety.
28. That none of the garage driveways shall have a gradient in excess of 1 in 12.
Reason: In the interests of traffic and public safety.
29. That the developer shall provide grit bin hard standing areas (1m x 1.5m behind footways) as
identified on drawing DRIVEWAYS001 (Original) in line with the development phasing and
supply approved grit bins for each of these locations.
Reason:  In the interests of road safety.
30. Prior to works commencing on site, the applicant shall submit, for the written approval of the
Council as Planning and Roads Authority, detailed proposals and programme for alterations
to existing gas apparatus at the site entrance.
Reason:  This detail has not been submitted.
31. Prior to any works commencing on site, the applicant shall undertake an invasive weed survey,
which shall include nuisance weeds such as Horsetail, and submit the findings of the survey
along with their proposed remediation strategy, all for the written approval of the Council as
Planning and Roads Authority, prior to commencement on site of any topsoil stripping or other
earthworks.  That no invasive weeds or nuisance weeds shall be permitted below or within
influencing distance of the public road.  Once approved, all works shall be progressed in
accordance with the agreed remediation strategy.
Reason: To ensure that the site is free from the presence of invasive weeds.
32. That the developer submits for the written approval of the Council as Planning and Roads
Authority a Residential Travel Plan and once approved shall issue a copy of the approved
Residential Travel Plan to each new homeowner as part of their moving in pack.
Reason:  To promote active travel.
33. That prior to any works commencing on site, the developer 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 the site via the roundabout access at
Strathaven Road.  The TMP shall include wheel washing arrangements, delivery routes,
turning areas, compound layout including on-site parking facilities for staff and visitors.  Once
approved works shall be undertaken in accordance with the approved TMP.
Reason: In the interests of traffic and public safety.
34. That prior to and on completion of the site works, the developer shall undertake a roads
dilapidation survey of the roundabout and first 50 metres of each approach arm in conjunction
with the Roads Area Office.  Interim dilapidation surveys shall be undertaken to a frequency
as directed by the Roads Area Office.  Written reports shall include photographs and records
plans for each inspection and shall be submitted for record purposes within timescales
determined by the Council.  The applicant will be responsible for repairing any damage to the
road deemed by the Council to be a consequence of their activities within timescales deemed
appropriate to the type of defect identified.
Reason:  This detail has not been submitted or agreed.  
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/22/0469
Application to discharge conditions 1 (excluding 1(f)), 6, 8, 9, 10, 11,
12, 13, 14, 16 and 18 of consent HM/17/0488
(Mixed use development incorporating residential dwellings, hotel,
office, care home, retail, restaurant/café, open space, and
associated works (Planning Permission in Principle) (Approval of
matters specified in conditions) 
1 Summary application information 
[purpose]
•Application type:  Approval of matters specified in conditions.
•
Applicant:  First Endeavour LLP and the University of the
West of Scotland 
•Location:  Former University of the West of Scotland
Almada Street
Hamilton
South Lanarkshire
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s):-
[recs]
(1) Grant matters specified in conditions (subject to conditions) based on
conditions attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this application. 
3 Other information
♦ Applicant’s Agent: Halliday Fraser Munro
♦ Council Area/Ward: 17 Hamilton North and East
♦ Policy Reference(s): South Lanarkshire Local Development Plan 2
(Adopted 2018)
Policy 1 - Spatial Strategy
Policy 2 - Climate Change
Policy 3 - General Urban Areas and Settlements
Policy 5 - Development Management and Place  
Making Policy
Policy 7 - Community Infrastructure Assessment 
Policy 15 - Travel and Transport 
6
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Policy 16 - Water Environment and Flooding
Policy DM1 - New Development Design
Policy SDCC2 - Flood Risk
Policy SDCC3 - Sustainable Drainage Systems
Policy SDCC4 - Sustainable Transport
Policy DM15 - Water Supply
Policy NHE18 - Walking, Cycling and Riding
Routes
Policy NHE20 – Biodiversity 
♦   Representation(s): 
► 0  Objection Letters
► 1  Support Letter
► 0  Comment Letters 
♦   Consultation(s):   
Countryside and Greenspace 
SEPA Flooding 
Roads Flood Risk Management 
Access Panel 
Roads Development Management Team 
Environmental Services 
Scottish Water 
Estates Services - Housing and Technical Resources 
Community and Enterprise Resources - Play Provision Community
Contributions 
Education Resources School Modernisation Team 
Housing Planning Consultations 
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Planning Application Report
1. Application Site
1.1 The application relates to an area of land located to the north-west of Hamilton town
centre. The application site sits adjacent to the civic centre and was previously
predominantly in educational use under the University of the West of Scotland (UWS). 
The site extends to approximately 4.14 hectares, it is irregular in shape and relatively
flat.  The site largely comprises the redundant buildings of the UWS Campus together
with land owned by the Council, the majority of which is currently used for car parking. 
The site also incorporates areas of vegetation which comprise a large group of trees
on its Almada Street frontage adjacent to the Court buildings.  A group of mature
sycamore trees running east to west are located directly to the north of the application
site.  The majority of the remaining trees are recently planted and small species.  The
site sits within a larger 7.5 hectare area relating to a planning permission in principle
previously granted for a mixed use development under application HM/17/0488 which
is discussed in detail below. 
1.2 The site has direct frontages onto Almada Street and Barrack Street.  Other key,
although not direct frontages, are those close to Bothwell Road and Beckford Street. 
A wide range of uses are located within close proximity to the site including commercial
and office developments, local retail developments, restaurants, B&Bs, small industrial
parks, health services and residential properties.  Vehicular access to the site is
currently via Barrack Street and Arthur Street. 
2. Proposal(s)
2.1 The application has been submitted to discharge conditions 1 (excluding 1(f)), 6, 8, 9,
10, 11, 12, 13, 14, 16 and 18 of planning permission in principle HM/17/0488.
(Mixed use development incorporating residential dwellings, hotel, office, care home,
retail, restaurant/café, open space, and associated works).  The conditions referred to
above relate to the site layout, landscaping, phasing plan, noise assessment, dust
control measures, refuse storage, provision of a district heat network for the site,
details of all accesses, parking management strategy and an assessment detailing
mitigation measures to offset the impact of the loss of public parking spaces, junction
analysis, review of traffic signal junctions and an updated tree survey. 
2.2 In terms of the detail of the application, the submitted layout shows a development of
286 dwellings in addition to an energy centre.  The proposed dwellings comprise 129
affordable housing units and 157 private units.  The majority of the proposed dwellings
are flats.  The development incorporates 106 one bedroom units, 140 two bedroom
units, 35 three bedroom units and 5 four bedroom units.  The majority of units have 2
bedrooms or less.  The application site is split into two areas.  The main area of the
application site is located within the southern section of the development and forms
part of the residential proposal for Phase 1 and Phase 2 of the overall site area of the
mixed use development approved under planning permission in principle HM/17/0488. 
The smaller part of the site is located within the central part of the overall site and
would be used for an energy centre to serve this phase and potential future phases of
development.  The proposed buildings would range between 2 and 5 storeys.  Higher
density apartment blocks are proposed along Almada Street with a new central
greenspace and ground floor amenities, with a view to creating strong frontages.  In
terms of finishing materials, the roofs of the flatted dwellings would be finished in metal
standing seam with the walls finished in facing brick and weather board with metal
railed balconies, metal window frames and timber doors.  For the houses, the roofs
would be finished in concrete roof tiles with the walls finished in a mixture of render,
facing brick and weather board with metal window frames and timber doors.  External
bin and cycle stores would be provided finished with concrete roof tiles, timber
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cladding and timber doors.  The proposal incorporates an energy centre which would
be a single storey flat roof building with a metal parapet and brick walls with louvered
panels and Orsagril steel fencing. It is intended that this building is utilised as a district
heating network for the proposed development. 
2.3 294 parking spaces are proposed across the site. Of these 294 spaces, 18 would be
accessible.  Footpaths and cycle paths would connect the four key routes surrounding
the overall development - Almada Street, Craig Street, Bothwell Road and Beckford
Street. 
2.4 New and existing planting would form part of a proposed landscape strategy which
generally accords with the Masterplan Framework associated with the permission in
principle for the site with a view to creating strong linked areas of civic space to guide
pedestrians and cyclists through the development.  However, the footprint of
development with the required parking would result in the loss of trees across the site
with new replacement tree planting proposed. 
2.5 Supporting documents submitted with the planning application include a Transport
Statement, Ecological Report, Energy Strategies Report, Noise Impact Assessment,
Dust Management Plan, Compliance Statement and a Ground Level Tree
Survey/Visual Assessment. 
3. Background 
3.1 Local Plan Background
3.1.1 In terms of local plan policy, the application site is identified as a proposed housing
site in the adopted South Lanarkshire Local Development Plan 2.  The site is also
covered by the Green Network.  The relevant policies in terms of the assessment of
this application are Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 5 -
Development Management and Place Making, Policy 7 - Community Infrastructure
Assessment, Policy 11 – Housing, Policy 13 - Green Network and Greenspace, Policy
15 - Travel and Transport, Policy 16 - Water Environment and Flooding, Policy DM1 -
New Development Design, Policy SDCC2 - Flood Risk, Policy SDCC3 - Sustainable
Drainage Systems, Policy SDCC4 - Sustainable Transport, Policy DM15 - Water
Supply, Policy NHE18 - Walking, cycling and riding routes and Policy NHE20 -
Biodiversity.  The content of the above policies and how they relate to the proposal is
assessed in detail in Section 6 of this report.   
3.2 Relevant Government Advice/Policy
3.2.1 In terms of residential development, SPP requires Councils to maintain a five year
supply of effective housing land.  Planning Authorities are also required to promote the
efficient use of land by directing development towards sites within existing settlements,
where possible, in order to make effective use of existing infrastructure and service
capacity. 
3.2.2 Designing Streets – A Policy Statement for Scotland was introduced in March 2010
and marks the Scottish Government’s commitment to move away from a standardised
engineering approach to streets and to raise the quality of design in urban and rural
development.  Development layouts should be designed to encourage a safe
environment for pedestrians and cyclists with narrower streets, carefully positioned
dwellings, landscaping and off-street parking which can be more effective at achieving
slower traffic movements.  Permeability which encourages walking is now seen as a
high priority and footpath links are encouraged to ensure that houses can be easily
accessed from main public transport routes. 
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3.3 Planning Background
3.3.1 Planning permission in principle was granted to UWS and South Lanarkshire Council
on 13 January 2020 for a mixed use development incorporating residential dwellings,
hotel, office, care home, retail, restaurant/café, open space and associated works on
the site of the former University of the West Of Scotland following the conclusion of a
Section 75 Obligation to ensure that appropriate financial contributions are made at
appropriate times during the development towards additional nursery, primary and
secondary education accommodation as appropriate and the provision of affordable
housing on site or by way of a commuted sum (HM/17/0488). 
3.3.2 A Proposal of Application Notice was submitted to the Council on 16 May 2017 in
relation to a residential led mixed use development on the site in accordance with the
Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations
2009 (HM/17/X0250/NEW). 
4. Consultation(s) 
4.1 Education Resources - have no objections to the application.  The Section 75
Obligation associated with the previously approved planning permission in principle
(HM/17/0488) requires the applicant to pay financial contributions at appropriate
stages of the development towards the provision of additional nursery, primary and
secondary education accommodation as appropriate.
Response:-  Noted. 
4.2 Environmental Services – have no objections to the application subject to a condition
to ensure that the proposed dwellings are not exposed to excessive noise from road
traffic and appropriate conditions requiring remediation of the site in accordance with
the approved remediation plan prior to the dwellings being occupied.
Response:-  Noted.  Appropriately worded conditions would be attached to any
consent granted to address the above matters. 
4.3 Roads Development Management Team – have no objections to the application
subject to conditions being attached to any consent in relation to junction modelling,
parking, the operation of a car club and construction traffic management.
Response:-  Noted. Appropriately worded conditions would be attached to any
consent granted to address the above matters. 
4.4 Roads and Transportation Services (Flood Risk Management Section) – no
response to date.  However, the Flood Risk Management Section was consulted on
the application for planning permission in principle for the mixed use development on
the site under HM/17/0488 and advised that they had no objections to the application
subject to the Council's Sustainable Urban Drainage Systems (SUDS) design criteria
being satisfied and a Flood Risk/Drainage Assessment being carried out.
Response:-  Noted. The applicant has advised that the surface water drainage
information and flood risk/drainage assessment required under Conditions 2 and 3 of
planning permission HM/17/0488 will be submitted under a separate matters specified
in condition application(s). At this stage, appropriately worded conditions would be
attached to any consent granted to address the above. 
4.5 Scottish Water – have no objections to the application and have advised that there is
currently sufficient capacity in the Daer Water Treatment Works and the Hamilton
Waste Water Treatment works to service the proposed development.
Response:-  Noted.  
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4.6 Community and Enterprise Resources - Play Provision – no response to date. 
Response:-  Noted. 
4.7 Housing Services – as a result of discussions between Housing Services, the
Planning Service and the applicant, Housing Services are satisfied with the design
and layout of the proposed dwellings and the parking provision within the site.
Response:-  Noted. 
4.8 Countryside and Greenspace – have no objections to the application. 
Response:-  Noted.   
4.9 Access Panel – no response to date. 
Response:-  Noted.   
4.10 Estates Service – the proposed access road leading from Beckford Street into the
new development crosses the Council’s car park and there has been no approach
from First Endeavour regarding the acquisition of this land. 
Response:-  Noted.  Discussions have taken place between the applicant and the
Estates Service since the above consultation response and these discussions are
currently ongoing. 
4.11 SEPA (Flooding) – SEPA note the submission of a report on the feasibility of a district
heat network for this application.  The provision of this information is sufficient for
SEPA to consider that their requirements have been fulfilled and that the Council could
discharge the condition. They are pleased to note that a district heating system is
being pursued for this development. They also note that SEPA requested no further
conditions to be placed on this application and therefore would not expect to be
consulted regarding any additional information that is provided in relation to this
development.
Response:-  Noted. 
5. Representation(s)
5.1 Statutory neighbour notification procedures were undertaken and the application was
advertised under the heading Non-Notification of Neighbours in the Hamilton
Advertiser.  One letter of support was received in relation to the application.  The
comments raised are summarised as follows:- 
(a) This will provide some much needed housing in the town and should be
approved.  The only issue would be that the end terraced C house styles
should provide an active gable end window in the lounge area to provide
natural surveillance of the parking areas.
Response: The proposed dwellings are considered to be acceptable in terms
of their, layout, design and finish materials. 
5.2 This letter is available for inspection on the planning portal. 
6. Assessment and Conclusions
6.1 The applicant seeks approval of the matters specified in conditions 1 (excluding 1(f)),
6, 8, 9, 10, 11, 12, 13, 14, 16 and 18 of planning permission HM/17/0488 (Mixed use
development incorporating residential dwellings, hotel, office, care home, retail,
restaurant/café, open space, and associated works).  The conditions referred to relate
to the site layout, landscaping, phasing plan, noise assessment, dust control
measures, refuse storage, provision of a district heat network for the site, details of all
accesses, parking management strategy and an assessment detailing mitigation
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measures to offset the impact of the loss of public parking spaces, junction analysis,
review of traffic signal junctions and an updated tree survey.  The determining issues
in consideration of this application are its compliance with national and local plan policy
and its impact on the amenity of adjacent properties and on the local road network. 
6.2 In terms of residential development, SPP requires Councils to maintain a five year
supply of effective housing land. Planning Authorities are also required to promote the
efficient use of land by directing development towards sites within existing settlements,
where possible, in order to make effective use of existing infrastructure and service
capacity.  Designing Streets - A Policy Statement for Scotland was introduced in March
2010 and marks the Scottish Government’s commitment to move away from a
standardised engineering approach to streets and to raise the quality of design. 
Development layouts should be designed to encourage a safe environment for
pedestrians and cyclists, carefully positioned dwellings, landscaping and off-street
parking which can be more effective at achieving slower traffic movements. 
Permeability which encourages walking is now seen as a high priority and footpath
links are encouraged to ensure that houses can be easily accessed from main public
transport routes. 
6.3 In general land use and policy terms, the principle of the development at this location
has previously been assessed and approved under the application for planning
permission in principle (HM/17/0488).  The proposal involves the re-use of a previously
developed site which would have a positive impact on the built and natural
environment.  The proposal also promotes development in a sustainable location with
public transport networks located within the vicinity of the site.  Bus stops are located
on Almada Street and Bothwell Road, within a 280 metre radius walking distance from
the building entrances of all of the proposed flats and houses.  In addition, Hamilton
West train station is located approximately 500 metres from the site.  In terms of
permeability, the development would be well integrated into existing walking and
cycling networks and would encourage active travel.  In view of the above, it is
considered that the proposal is in accordance with national planning policy. 
6.4 In terms of local plan policy, the application site is identified as a proposed housing
site in the adopted South Lanarkshire Local Development Plan 2.  The site is also
covered by the Green Network.  The relevant policies in terms of the assessment of
this application are Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 5 -
Development Management and Place Making, Policy 7 - Community Infrastructure
Assessment, Policy 11 – Housing, Policy 13 - Green Network and Greenspace, Policy
15 - Travel and Transport, Policy 16 - Water Environment and Flooding, Policy DM1 -
New Development Design, Policy SDCC2 - Flood Risk, Policy SDCC3 - Sustainable
Drainage Systems, Policy SDCC4 - Sustainable Transport, Policy DM15 - Water
Supply, Policy NHE18 - Walking, cycling and riding routes and Policy NHE20 -
Biodiversity. 
6.5 Policies 1 and 2 encourage sustainable economic growth and regeneration, a move
towards a low carbon economy, the protection of the natural and historic environment
and mitigation against the impacts of climate change.  In line with these policies, the
proposal involves the redevelopment of a previously developed site which is located
in a sustainable location within a prominent area of central Hamilton and offers a
unique opportunity to enhance the built environment at this location where the principle
of residential use is considered to be acceptable.  The redevelopment of the site would
result in an attractive and vibrant urban neighbourhood drawing on numerous existing
assets, including proximity to the railway station, historic civic buildings, retail, leisure,
schools, health care etc.  The site benefits from opportunities for trips by public
transport with bus routes located on Almada Street and Bothwell Road as discussed
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above and Hamilton West train station which is located approximately 500 metres from
the site.  The development would also be well integrated into existing walking and
cycling networks and would encourage active travel. Areas of landscaping are
proposed within the development which would provide opportunities for enhanced
biodiversity within the site.  It is considered that the development has been well-
designed with contemporary higher density housing which would contribute to part of
a wider sustainable development strategy for Hamilton which recognises the
importance of densification within urban centres to enable settlements of its scale to
prosper.  The proposal incorporates an energy centre and the dwellings within the
development would be designed to the latest technical standards in terms of insulation,
air tightness and energy ratings.  It is, therefore, considered that the proposal meets
the terms of the above policies. 
6.6 Policy 11 states that there will be a minimum five year effective supply of housing land
at all times during the lifetime of the plan.  This will be monitored and updated annually.
The Council will support development on the sites included in the Housing Land Audit
and identified on the proposals map.  Developers must provide a range of house size
and types to give greater choice in meeting the needs of the local community whilst
recognising the demands of the wider housing market area.  As the application site is
included in the Housing Land Supply and benefits from planning permission in
principle being granted for a mixed use development incorporating residential
development under application HM/17/0488 the proposal raises no policy issues and
therefore, conforms with Policy 11. 
6.7 In terms of the detailed design of the development, Policies 5 and DM1 generally
require new development to have due regard to the layout, form, design and local
context of the area and to promote quality and sustainability in its design.  In this
instance, it is considered that the proposed layout for the development is acceptable
and that it meets the main standards set out in the Council’s Residential Design Guide,
particularly in relation to window to window distances, garden depths for the houses,
amenity open space and car parking.  The proposed flats and houses are of modern
design with a suitably high standard of external finish materials and it is considered
that the development would be in keeping with the existing mix of development in the
surrounding area.  The proposed access arrangements have been assessed and
subject to conditions, they are considered to be acceptable by the Council’s Roads
and Transportation Services.  In view of the above, it is considered that the proposal
would relate satisfactorily to adjacent development in terms of its scale, design and
finish materials and that the character and amenity of the area would not be impaired
by reason of traffic generation, parking or visual intrusion.  As discussed, the proposal
represents a sensitive re-use of a previously developed site and it is considered that
the re-development of the site would improve the visual and environmental quality of
the area.  Path connections through the green spaces would offer opportunities for
walking and cycling and it is considered that the application site and the surrounding
area as a whole would benefit from the enhanced opportunities that the proposal
provides.  Given the above, it is considered that the development of the site would
have a positive impact on the environment and would improve the quality of life for
those living in the surrounding area.  The proposal is, therefore, considered to be in
accordance with the terms of Policies 5 and DM1. 
6.8 Policy 13 states that development proposals should safeguard the local green
network, identified on the proposals map, and identify opportunities for enhancement
and/or extension which can contribute towards:-  
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i placemaking
ii mitigating greenhouse gases
iii supporting biodiversity
iv enhancing health and quality of life
v providing water management including flood storage, and buffer strips
vi providing areas for leisure activity
vii promoting active travel 
6.9 It is considered that the proposed layout would create an enhanced sense of place at
this location and would ensure new and continued and improved access between the
existing footpath network in the area.  Large areas of open space would be provided
within the development in addition to enhanced landscaping within the site, particularly
with the new main north-south civic space proposed.  The proposed landscaping
scheme incorporating wildflower meadow areas would ensure continued opportunities
for biodiversity within the site while creating an attractive location for residents and the
wider public.  Given the above, it is considered that the development of the site would
have a positive impact on the environment and the quality of life for those living in the
surrounding area.  It is therefore considered that the proposal meets the aims of Policy
13. 
6.10 With regard to Policy 7, the Section 75 Obligation associated with the previously
approved planning permission in principle (HM/17/0488) requires the applicant to pay
financial contributions at appropriate stages of the development towards the provision
of additional nursery, primary and secondary education accommodation as
appropriate and the requirement for affordable housing would be addressed through
the on-site provision of 129 affordable dwellings, 89 of which the Council’s Housing
Services would be taking ownership of.  In view of the above, the proposal meets the
terms of Policy 7. 
6.11 Policies 15 and SDCC4 seek to ensure that development considers, and where
appropriate, mitigates the resulting impacts of traffic growth and encourages
sustainable transport options that take account of the need to provide proper provision
for walking, cycling and public transport.  As discussed, the site is accessible by public
transport with bus routes located on Almada Street and Bothwell Road and Hamilton
West train station is located approximately 500 metres from the site.  The development
would also be well integrated into existing walking and cycling networks and would
encourage active travel. Furthermore, Roads and Transportation Services are
satisfied that the proposal raises no access, parking or road safety issues.  It is,
therefore, considered that the proposal complies with Policies 15 and SDCC4. 
6.12 The proposal has been assessed by the relevant consultees in terms of Policies 16,
DM15, SDCC2 and SDCC3.  With regard to flooding and surface water drainage, the
applicant has advised that the detailed information required under Conditions 2 and 3
of planning permission HM/17/0488 will be submitted under a separate matters
specified in condition application(s) and appropriately worded conditions would be
attached to any consent granted to address these matters at this stage.  Scottish Water
have also confirmed that they have no objections to the application and any consent
granted would include a condition to ensure that no dwellings are occupied until the
site is served by a sewerage scheme constructed in accordance with Scottish Water
standards.  It is, therefore, considered that the proposal is in accordance with the terms
of the above policies.  
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6.13  In summary, it is considered that the application conforms with both national and local
plan policy and that the proposal raises no significant environmental or infrastructure
issues.  It is therefore recommended that the application be granted subject to the
conditions listed. 
7. Reasons for Decision
7.1 The proposal has no adverse impact on residential or visual amenity nor raises any
environmental or infrastructure issues and complies with Policies 1, 2, 5, 7, 11, 13,
15, 16, DM1, SDCC2, SDCC3, SDCC4, DM15, NHE18 and NHE20 of the adopted
South Lanarkshire Local Development Plan 2. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 2 September 2022 
Previous References
 Planning Committee - 13 February 2018 (HM/17/0488)
 HM/17/X0250/NEW 
List of Background Papers
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 13.04.2022
► Press Advertisement, Hamilton Advertiser 21.04.2022 
► Consultations
Countryside and Greenspace 09.05.2022
SEPA Flooding 14.04.2022
Roads Development Management Team 07.06.2022
Environmental Services 
Scottish Water 28.04.2022
Estates Services - Housing and Technical Resources 
Education Resources School Modernisation Team 19.04.2022
Housing Planning Consultations 14.04.2022
► Representations           Dated:  
Ms Lynn Reid, 82 Glen Tennet, East Kilbride, Glasgow,
South Lanarkshire, G74 3UY 
09.05.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please
contact:- 
Jim Blake, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 453657
Email: jim.blake@southlanarkshire.gov.uk 
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Detailed planning application 
Paper apart – Application number: P/22/0469 
Conditions and reasons 
1. That before any development commences on site or before any materials are ordered
or brought to the site, details and samples of all materials to be used as external
finishes on the development shall be submitted to and approved by the Council as
Planning Authority.   
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
2.  That the approved landscaping scheme shall be completed to the satisfaction of the
Council as Planning Authority during the first available planting season following
occupation of the building(s) or completion of the development hereby approved,
whichever is the sooner, and shall thereafter be maintained and replaced where
necessary to the satisfaction of the Council.   
Reason: In the interests of the visual amenity of the area. 
3. That before development starts, full details of the design and location of all fences and
walls, including any retaining walls, to be erected on the site shall be submitted to and
approved by the Council as Planning Authority.   
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
4. That before any of the dwellinghouses situated on the site upon which a fence is to be
erected is occupied, the fence or wall for which the permission of the Council as
Planning Authority has been obtained under the terms of Condition 3, shall be erected
and thereafter maintained to the satisfaction of the Council.   
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
5. That before development starts, details of all boundary treatment(s) shall be submitted
to and approved by the Council as Planning Authority and thereafter all approved
works shall be completed to the satisfaction of the Council.     
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
6. That no dwellinghouse shall be occupied until the site is served by a sewerage scheme
constructed in accordance with Scottish Water standards and as approved by the
Council as Planning Authority in consultation with Scottish Water as Sewerage
Authority.   
Reason: To ensure the provision of a satisfactory sewerage system.  
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7. That no development shall commence until details of surface water drainage
arrangements have been submitted to and approved in writing by the Council as
Planning Authority; such drainage arrangements will require to comply with the
principles of sustainable urban drainage systems and with the Council's Sustainable
Drainage Design Criteria and shall include signed appendices as required.  The
development shall not be occupied until the surface drainage works have been
completed in accordance with the details submitted to and approved by the Council as
Planning Authority.   
Reason: To ensure that the disposal of surface water from the site is dealt with in a
safe and sustainable manner, to return it to the natural water cycle with minimal
adverse impact on people and the environment and to alleviate the potential for on-
site and off-site flooding. 
8. That no further changes in ground levels within the site shall take place without the
prior written consent of the Council as Planning Authority.   
Reason: In the interests of amenity and in order to retain effective planning control. 
9. That before the development hereby approved is completed or brought into use, the
new vehicular access so far as it lies within the boundaries of the road abutting the
site, shall be constructed in accordance with the specification of the Council as Roads
and Planning Authority.   
Reason: In the interests of traffic and public safety. 
10. That no dwelling shall be occupied until the access roads and footpaths leading thereto
from the existing public road have been constructed in accordance with the
specification of the Council as Roads and Planning Authority.   
Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the
dwellings. 
11. At any of the proposed dwellings the internal levels with windows open (or under
exceptional circumstances closed) shall not exceed- 
a) An LAeq,16hr of 40dB daytime (07:00-23:00) and an LAeq,8hr of 30dB night-
time (23:00-07:00). 
b) The internal LAmax shall not exceed 45dB night-time (23:00-07:00) 
c) The external levels shall not exceed an LAeq,16hr of 55dB daytime in any rear
garden areas, when measured free-field.   
Reason: To minimise noise disturbance to occupants of the proposed dwellings. 
12. (a) Remediation of the site shall be carried out in accordance with the approved
remediation plan prior to the proposed development being brought into use.  Any
amendments to the approved remediation plan shall not be implemented unless
approved in writing by the Council as Planning Authority.   
(b) On completion of the remediation works, the developer shall submit a completion
report to the Council as Planning Authority, confirming that the works have been
carried out in accordance with the approved remediation plan and that the works have
successfully reduced these risks to acceptable levels.  
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(c) Any previously unsuspected contamination which becomes evident during the
development of the site shall be brought to the attention of the Council as Planning
Authority within one week or earlier of it being identified.  A more detailed site
investigation to determine the extent and nature of the contaminant(s) and a site-
specific risk assessment of any associated pollutant linkages, shall then require to be
submitted to and approved in writing by the Council as Planning Authority.   
Reason: To avoid unacceptable risks to human health and the environment, to ensure
that the land is remediated and made suitable for its proposed use. 
13. That no development shall take place within the development site as outlined in red
on the approved plan until the developer has secured the implementation of a
programme of archaeological works in accordance with a written scheme of
investigation which has been submitted by the applicant, agreed by the West of
Scotland Archaeology Service, and approved by the Council as Planning Authority.
Thereafter the developer shall ensure that the programme of archaeological works is
fully implemented and that all recording and recovery of archaeological resources
within the development site is undertaken to the satisfaction of the Council in
agreement with the West of Scotland Archaeology Service. 
Reason: In the interest of amenity and in order to retain effective planning control. 
14. That a Travel Plan shall be submitted to and approved by the Council as Planning and
Roads Authority prior to the construction of each phase of the development hereby
approved. 
Reason: To encourage sustainable travel to and from the development. 
15. That prior to any works associated with the construction of the development
commence a Construction Traffic Management Plan shall be submitted to the Council
as Planning and Roads Authority for approval. This shall provide details of access and
parking provision for staff and visitors, intended working hours, how deliveries of
materials will be managed and stored and what wheel washing facilities will be
provided to prevent mud being carried on to the adopted road. 
Reason: In the interests of traffic and public safety and to safeguard the amenity of the
surrounding area. 
16. That unless otherwise agreed, no works or development shall take place until a tree
planting standard and specification for all proposed tree planting has been approved
in writing by the Council as Planning Authority. The tree planting standard shall
compare the pre and post development canopy cover of the site to ensure canopy
cover is maintained or enhanced through retention of existing trees, new planting and
design of layout that accommodate future growth of trees without conflict. The
specification will include details of the quantity, size, species, soil volumes, position
and the proposed time of planting of all trees to be planted, together with an indication
of how they integrate with the proposal in the long term with regard to their mature size
and anticipated routine maintenance.  In addition all shrubs and hedges to be planted
that are intended to achieve a significant size and presence in the landscape should
be similarly specified.  All tree, shrub and hedge planting included within that
specification shall be carried out in accordance with the specification and in
accordance with BS3936 (parts 1, 1992, Nursery Stock, Specification for trees and
shrubs, and 4, 1984, Specification for forest trees); BS4043, 1989, transplanting root-
balled trees; and BS4428, 1989, Code of practice for general landscape operations
(excluding hard surfaces).  Tree Design Action Group’s (TDAG) ‘good practice guide
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Trees in Hard Landscapes: A Guide for Delivery in association with the CIHT, ICE, ICF
and CIBSE, shall be used to inform establishment of trees in the hard landscape. 
Reason: In the interest of amenity and in order to retain effective planning control. 
17. That prior to the occupation of any dwelling on site full details of the car club which
will operate on site shall be submitted for agreement in writing with the Council as
Planning and Roads Authority. 
Reason: To ensure the provision of adequate parking facilities within the site. 
18. That prior any works associated with the construction of the development commence
further assessments of the surrounding parking shall be undertaken. This shall
include sensitivity tests allowing for a greater return to office working and/or a repeat
of the parking survey undertaken in June 2022. The full requirements of the further
assessment will depend upon the timing of the first occupation of a dwelling and
should be agreed in writing with the Council as Planning and Roads Authority. If
required, any mitigation measures to offset the loss of parking shall be agreed and
implemented prior to occupation of the first dwelling unless otherwise agreed in
writing with the Council. 
Reason: To ensure the provision of adequate parking facilities within the site. 
19. That prior to the occupation of the fifty-first unit within the development junction
modelling of the below junctions shall be undertaken to the specification of the
Council as Planning and Roads Authority. This modelling is to ensure that the traffic
signal junctions are optimised based on the changes in traffic flows which will occur
on the network as a result of the development. 
B755 Wellhall Road / Peacock Drive / B755 Wellhall Road / Peacock Cross Link
Road 
B755 Wellhall Road / Union Street / A724 Almada Street / A724 Burnbank Road 
A724 Almada Street / Montrose Crescent / A72 Almada Street / A724 Douglas
Street 
B7071 Bothwell Road / Caird Street / Bothwell Road 
Douglas Street / Douglas Park Lane / Caird Street 
Peacock Way / A724 Burnbank Road / A724 Clydesdale Street / A724 Burnbank
Road 
A72 Muir Street / B7071 Cadzow Street / A72 Muir Street / Lidl Access 
Reason: In the interests of public and road safety. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/22/0348
Erection of restaurant with ancillary takeaway and new vehicular
access, parking and associated works 
1 Summary application information
Amended
•  Application type:  Detailed planning application
•  
Applicant:  Mr M Naveed
•  Location:  235 Stonelaw Road
Rutherglen 
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s):-
[recs]
(1) Grant detailed planning permission (subject to conditions) based on conditions
attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this application. 
3 Other information
♦ Applicant’s Agent: Keith Edwards
♦ Council Area/Ward: 11 Rutherglen South
♦ Policy Reference(s): Policy 2 – Climate Change
Policy 3 - General Urban Areas
Policy 5 - Development Management and
Placemaking
Policy 9 – Network of Centres and Retailing
Policy DM1 – New Development Design
Policy DM9 - Hot Food Shops 
♦   Representation(s): 
► 21  Objection Letters
► 13  Support Letters
► 0  Comment Letters  
7
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♦   Consultation(s):   
The Coal Authority Planning and Local Authority Liaison 
Roads Development Management Team 
Petroleum Officer 
Burnside Community Council 
Environmental Services 
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Planning Application Report
1 Application Site
1.1 The application site is the former petrol station at 235 Stonelaw Road, Rutherglen. 
The site, extending to approximately 570 square metres, is flat and is currently vacant
though contains security fencing around its perimeter.  All equipment associated with
the petrol station was removed several years ago following decommissioning on the
site. 
1.2 The site historically has two accesses from its use as a petrol station; one to the north
of the site off the private access road serving the adjacent flatted blocks known as
Stonelaw Towers, and a second on the western elevation onto Stonelaw Road.  The
two flatted blocks sit adjacent to the site to its north and east, with a 3-metre-high wall
separating the site and the closest residential block to the east.  To the south is a
Tesco food store and to the west is Stonelaw Road and the junction with Viewpark
Drive, with residential properties opposite.  There is also a bus stop adjacent to the
site. 
2 Proposal(s)
2.1 The applicant seeks detailed planning permission for the erection of a restaurant with
ancillary takeaway incorporating an improved vehicular access, car parking and
associated works.  This would comprise of a single storey building with a mono pitch
roof approximately 140 square metres in floor area located on the southern side of the
site.  Internally this would provide a kitchen, servery, staff facilities, seating area, and
takeaway waiting area.  The proposed building would be finished in a mix of render,
facing brick, insulated roof deck and full height glazing features to the front and side. 
A flue would be located on the rear of the building, closer to the Stonelaw Road
elevation.  A screened area to the side of the building where the bins would be located
is also proposed on the Stonelaw Road side. 
2.2 The remainder of the site would be occupied by 7no parking spaces, 2no. disabled
spaces, including a bay for electric vehicle charging, and bicycle parking spaces.  The
existing access from Stonelaw Road would be reconfigured to provide the sole
vehicular access in and out of the site.  It is noted that the initial plans submitted
showed an external seating area; however, these have subsequently been removed
from the proposal.   
3 Background
3.1 Local Plan Status
3.1.1 In determining this planning application, the Council must assess the proposed
development against the policies within the adopted South Lanarkshire Local
Development Plan 2 (2021).  The site is located within the settlement boundary,
therefore Policy 3 - General Urban Areas and Policy 5 - Development Management
and Placemaking are both applicable.  As the site is also within a designated Local
Centre, Policy 9 - Network of Centres and Retailing is also relevant.  The proposal also
includes an ancillary hot food takeaway, therefore Policy DM9 - Hot Food Shops is
also applicable.  Policy 2 – Climate Change, and Policy DM1 – New Development
Design are also relevant.   
3.2 Relevant Government Advice/Policy
3.2.1 None relevant.    
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3.3 Planning Background
3.3.1 The property was originally a petrol filling station with associated shop.  Following its
closure, a temporary planning permission was granted for a hand car wash under
application CR/12/0137.  However, during its period of operation there were various
issues, and as such the permission was not renewed.  In October 2016, planning
permission was granted for use of the site as an office with ancillary external display
and storage area for a home improvement business, however, this was never
implemented.  In October 2017, planning permission was granted for the erection of
1.8m high security fencing following demolition of the existing building and canopy on
site.  As such, this was implemented.  The most recent application at the site was in
2018 where permission in principle was granted for a residential development. 
However, this consent was never implemented and subsequently expired.
4 Consultation(s)
4.1 Roads and Transportation Services (Development Management) – advise that
whilst there is a shortfall in parking compared to the required standards, there are a
number of eateries that operate in the vicinity without parking due to it being a Local
Centre.  As there is other car parking available nearby, Roads consider the site is
suitable for reduced parking and are satisfied with the amended parking layout to
include 7no. parking spaces, including an electric vehicle charging point, and 2no.
disabled spaces.  Furthermore, as the existing access onto Stonelaw Road will be
reduced to comply with current standards and part of the footway reinstated, this will
increase the distance between the existing bus stop and the access in comparison to
what was previously in operation when the site operated as a petrol station.  This is
therefore considered an improvement.   As such, Roads have no objection to the
proposal subject to the attachment of conditions in relation to parking, formation of
access, reinstatement of the footway, maintenance of visibility splays and a
construction traffic management plan.   
Response: Noted.  Appropriate conditions can be attached to any consent issued. 
4.2 Environmental Services – no objections subject to the attachment of conditions in
relation to ventilation, provision of a mine gas risk assessment, storage of waste, and
dust mitigation. 
Response:  Noted.  Appropriate conditions can be attached to any consent issued. 
4.3 The Coal Authority – initially objected to the application as a Coal Mining Risk
Assessment had not been submitted with the application.  However, as this has now
been submitted and reviewed, The Coal Authority have removed their objection
subject to the attachment of conditions requiring further site investigations relating to
past coal mining activity, including remediation/mitigation works, and confirmation from
a qualified person that the site has been made safe.
Response: Noted.  Appropriate conditions can be attached to any consent issued. 
4.4 Council’s Petroleum Officer – advised that records show the underground storage
tanks (UST’s) and associated pipe work were decommissioned under previous works
to the site.  As such, no objections to this proposal.
Response: Noted. 
4.5 Burnside Community Council – advised that they do not object to the principle of
the application.  However, asked for clarification in relation to ownership of the site,
and asked for consideration to be given to a number of points including reducing the
number of tables within the restaurant.  It was also noted that there are existing traffic
issues in the vicinity of the site which may be exacerbated by the proposal and
suggested parking restrictions in the area be reviewed, including a consultation with
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residents of Stonelaw Towers.  It was also requested that bins be uplifted from within
the site, and that further details of the screen fence be provided.
Response: The agent has confirmed that the site owner is, as stipulated on the
application form, Mr M. Naveed.  As detailed above, the Council’s Roads and
Transportation Services have no objections to the proposal in terms of traffic
requirements and consider the proposed parking provision appropriate for the site.  As
such, there is no requirement to reduce the number of tables within the restaurant.  In
terms of uplift of bins, should permission be granted, a condition would be attached
for full details of the storage and collection of waste to be submitted. 
5 Representation(s)
5.1 Statutory neighbour notification was undertaken, and the proposal was also advertised
in the local press due to the nature of the proposal, and as not all neighbours could be
identified.  21 letters of objection and 13 letters of support were received, the points of
which are summarised below:- 
Objections 
a) Burnside currently has a number of restaurants/takeaways and does not
need another takeaway.
Response:  Whilst it is noted there are other takeaways in Burnside, this is not
a valid reason for refusal of the application. 
b) The proposed exit from the car park onto the access road to Stonelaw
Towers will further restrict parking for residents.  It will result in a vast
increase in traffic onto this quiet access road and would not allow for
emergency vehicles should they be required at Stonelaw Towers.  The
access should be reconsidered and rerouted to the main road. 
Response:  It is noted that the proposed development is to be accessed solely
from the new improved access off Stonelaw Road and there will be no vehicular
access from the private access adjacent to Stonelaw Towers.  Should
permission be granted, an appropriate condition will be attached to stipulate
this. 
c) The proposal will result in increased dirt, pollution, odours and litter for
the local area and may result in pest issues. 
Response: The Council’s Environmental Services were consulted on the
proposal and have offered no objections in this regard. 
d) The proposal will result in noise and disruption, as well as loss of amenity
and privacy to the residents at Stonelaw Towers. 
Response: It is not considered that the proposed restaurant will result in
significant noise and disruption for local residents.  Furthermore, there will be
no loss of privacy as the existing boundary wall separating the site and the
closest block of Stonelaw Towers will be retained screening the majority of the
proposed building. 
e) The proposed external benches will result in anti-social behaviour and
disturbance for adjacent residents.  This aspect of the proposal should be
removed.   
Response: This aspect of the proposal has been removed by the applicant to
allow the required parking provision.  
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f) The double-sided illuminated sign by the road will be an eyesore and out
of keeping with the area. 
Response: Any proposed signage requires to be considered under a separate
application for Advertisement Consent.  As such, the suitability of the proposed
signage would be assessed then.  The applicant notes on the supporting
statement that any signage would be submitted under an advertisement
application. 
g) The proposed flue should be located towards the main road and therefore
away from the adjacent residential properties.  The ventilation should be
agreed now with Environmental Services as any amendment to the design
could have implications for the design and appearance of the
development and impact the streetscene.
Response: The proposed flue is located towards the rear of the roof adjacent
to the Stonelaw Road side of the building.  Environmental Services have been
consulted and have raised no objection to this, however, have requested that
an appropriate condition be attached for full details to be submitted, should
permission be granted.  This is standard practice.  Any significant change to the
size/location of the proposed flue would require an amended planning
application. 
h) There is an existing problem with road safety as it’s already a congested
area.  People currently park at the bus stop and on double yellow lines to
collect food from nearby takeaways.  It is already difficult to get in and out
of the access at Stonelaw Towers due to the existing bus stop.  This
development will only exacerbate the problem. 
Response: The Council’s Roads and Transportation Services have been
consulted as part of this proposal and raised no objection in relation to these
matters.  As noted above, the reconfiguration of the access is considered to be
an improvement to the previous layout. 
i) It notes in the plans that the trees will be unaffected, however, the trees
do not belong to the site in any case. 
Response: This is noted, and the applicant will be reminded that the site does
not include the trees within Stonelaw Towers. 
j) Will gates be erected at night to close the site? 
Response: There are no proposals at present to erect gates to close the site
at night. 
k)  What time can contractors start and finish work should permission be
granted?  It should be stipulated that they cannot park on Stonelaw
Towers land.   
Response: The acceptable working hours for building works, stipulated by
Environmental Services are:  Monday to Friday 8.00am to 7.00pm, Saturday
8.00am to 1.00pm and Sunday - No audible activity.  As there are already
parking restrictions in place, there is no requirement for this to be stipulated in
any future consent.  It should be noted that any breach of parking
restrictions/dangerous parking is a Police matter. 
l) This proposal does not add to the diversity of the existing retail mix within
Burnside. 
Response: This is noted, however, there is no requirement for the site to be a
retail use.  As such, this is not a valid reason for refusal of the application. 
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m) This will put more pressure on existing businesses and may result in
closures. 
Response: Whilst this is noted, competition is not a valid reason for refusal of
an application. 
n) Even though access to the site will be from Stonelaw Road, the plans
appear to leave the existing access to the north of the site open which will
inevitably be used by customers at the restaurant causing access issues
for residents at Stonelaw Towers.  Can the existing access be removed? 
Response: Should permission be granted; a condition will be attached for
details of some form of barrier to be submitted and approved by the Council
and thereafter implemented prior to the development coming into use to prevent
use of the existing access adjacent to Stonelaw Towers. 
o) This site should be used for something useful to the community such as
a park, community garden or play area. 
Response: Whilst this is noted, the Planning Service must assess the proposal
submitted. 
p) The proposed parking is insufficient for a restaurant of this size. 
Furthermore, the parking space sizes are less than the current standard. 
Response: As noted above, the Council’s Roads and Transportation Services
were consulted and consider the site is suitable for reduced parking given its
Local Centre location.  The parking layout has been amended and Roads are
satisfied that appropriate space sizes have been provided. 
q) The air conditioning units and two floodlights on the east elevation facing
Stonelaw Towers may cause a nuisance for residents and should be
relocated.  Will the floodlights be angled to limit impact on residents? 
Response: Whilst the air conditioning units are on the eastern elevation
adjacent to one of the flatted blocks at Stonelaw Towers, given the scale of the
wall separating the flats from the site, it is not considered there will be a
significant impact as a result.  In terms of floodlighting, these are both placed
on the side of the building below the height of the existing boundary wall.  As
such, it is not considered this will impact on the adjacent residential properties. 
r) There is no proposed landscaping as part of the development.  This is
contrary to Council policies on new development and sustainability. 
Response:  Whilst ideally new development should include some form of
landscaping, this is a Local Centre location, and the site is fully occupied with
the proposed building and the required parking.  It is therefore not considered
necessary in this case for landscaping to be implemented. 
s) The proposal is not of a high-quality design and does not respect the
character of Burnside.  Furthermore, the proposed fencing at the bin store
will sit adjacent to a blank elevation at the Tesco store therefore this will
have an adverse impact on the streetscape. 
Response: Burnside comprises of a variety of building designs and ages. 
Whilst this is a modern design, it is not considered to be out of keeping with the
character of Burnside.  Whilst it is noted that the proposed bin screen will be
located adjacent to the street, should permission be granted, a condition would
be attached for full details of the proposed screen to be submitted and agreed
prior to it being erected. 
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t) There are many other shops lying vacant in the vicinity that could be used
instead. 
Response: As noted above, the Council must assess the proposal submitted.   
u) Several of the supporters of this application do not live in the vicinity of
the development and therefore do not know the impact this development
would have on local residents. 
Response: Whilst noted, any member of the public may comment on any
planning application. 
v) This proposal will make it more hazardous for traffic exiting Viewpark
Drive and will inevitably increase traffic flow and congestion at this street. 
Response: As detailed above, the Council’s Roads and Transportation
Services have raised no objections in this regard. 
Letters of Support 
a) This proposal would be great for the main street and provide another venue
to socialise/eat locally for the community. 
Response: This is noted.  As detailed in the assessment and conclusions section
below, the Planning Service considers the site suitable for the proposed use. 
b) Burnside needs more than just one restaurant.  This will enhance the area. 
This application should be supported. 
Response: This is noted.  The Planning Service considers there is sufficient
justification for the proposal.   
c) This proposal will result in the redevelopment of a site that is currently an
eyesore.  It will bring jobs and revenue to the community.  New businesses
in the community should be supported. 
Response: This is noted. 
5.2 These letters are available for inspection on the planning portal. 
6 Assessment and Conclusions
6.1 Detailed planning permission is sought for the erection of a restaurant with ancillary
takeaway and new vehicular access, parking and associated works at 235 Stonelaw
Road, Rutherglen.  The determining issues in the assessment of this application are
compliance with local plan policy, its impact on the amenity of the adjacent properties
and road safety matters. 
6.2 As noted above, Policy 3 – General Urban Areas of the adopted South Lanarkshire
Local Development Plan 2 (2021) is applicable and advises proposals within or
adjacent to residential areas will be assessed on their individual merits, with particular
regard to their effect on the amenity and character of the area.  Developments 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.  Policy 5 – Development
Management and Placemaking advises that to ensure development takes account of
the principles of sustainable development, all proposals require to be well designed
and integrated with the local area.
6.3 Policy 2 – Climate Change seeks to ensure that developments aim to minimise and
mitigate against the effects of climate change and that development does not result in
any significant environmental or amenity impacts.  Policy DM1 – New Development
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Design also requires development to promote quality and sustainability in design and
layout.
6.4 Policy 9 – Network of Centres and Retailing is also relevant as the site is located within
a local centre.  This policy advises that the Council seeks to support a network of
Strategic, Town and Local Centres to provide retail and other local services to
communities.  Within Local Centres, any proposals for a change of use will be
assessed with regard to the provision of an appropriate mix of uses that will meet
economic and social need.  A retail element should be retained to serve the needs of
the local community. 
6.5 Policy DM9 – Hot Food Shops is also relevant and advises that where the proposal is
located within a grouping of shops, it must be ensured that an adequate level of
shopping provision is retained at the location and that there is no significant impact in
terms of environmental, traffic and amenity considerations.  All proposals for hot food
shops must demonstrate that they have the ability to implement any ventilation system
required. 
6.6 In this case, the site is located within a local centre and adjacent to an established
residential area.  The proposed restaurant would be located on the southern end of
the site, adjacent to the Tesco food store and one of the flatted blocks at Stonelaw
Towers, with the remainder of the site being occupied by parking.  In terms of Policy
9, the use of the proposed building as a restaurant with ancillary takeaway is an
acceptable use within a local centre.  As the site is currently vacant, there is no impact
on the retail mix within Burnside.  It is also noted that whilst there are a number of
takeaways in the vicinity, there are very few restaurants within Burnside, as such, this
proposal would provide an additional option for the local community. 
6.7 In terms of Policies 2, 5 and DM1, the proposed building has a modern design
consisting of a single storey unit with mono pitch roof and full height glazed features
on the front and side elevations.  As there are a variety of building types within the
local centre, it is not considered this building will look out of place and will therefore
integrate with the surrounding properties as well as the wider local centre.  It is also
noted that this development would see the redevelopment of a site that has been
vacant and unkempt for several years and subjected to substantial graffitiing.  Whilst
the proposed materials are considered to be acceptable in this instance, a condition
would be attached to any permission granted for full samples to be submitted prior to
works commencing on site.  In terms of promoting sustainability, bicycle parking will
also be provided within the site for customers. 
6.8 In terms of Policies 3 and DM9, and the impact of the proposal on residential
properties, the existing 3-metre-high wall separating the site from the closest
residential block will ensure no overlooking of adjacent properties.  Whilst the applicant
has indicated the wall will be retained, should permission be granted, a condition would
be attached to ensure this.  In terms of noise and disturbance, it is not considered a
restaurant with ancillary takeaway will result in an unacceptable noise level affecting
nearby residents.  It is noted that the external seating area has been removed from
the proposal.  In terms of noise and disturbance from vehicles entering and exiting the
car park, the site was previously a petrol station where there would have been
significant traffic movement, therefore it is not considered this proposal is
unacceptable.  In terms of smells resulting from the proposed flue, this has been
located on the side of the building closer to Stonelaw Road.  It is therefore considered
this has been positioned as far away as reasonably practical from the residential
properties and Environmental Services have not raised any concern in this regard.  It
is noted that there is an air conditioning unit and 2no. floodlights on the eastern
elevation adjacent to the closest block of Stonelaw Towers, however, it is considered
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the existing boundary wall will minimise any impact on adjacent properties.  Should
permission be granted, Environmental Services have requested the attachment of
suitable conditions in relation to ventilation, provision of a mine gas risk assessment,
storage of waste and dust mitigation. 
6.9 In terms of road safety impacts, the proposal will bring back into use a site that
previously operated as a petrol station.  This will result in the existing access onto
Stonelaw Road being reduced to comply with current standards and part of the footway
reinstated to improve pedestrian connectivity.  This will also increase the distance
between the existing bus stop and the improved access in comparison to the how the
site operated as a petrol station.  As such, this is considered an improvement by
Roads.  In addition, should permission be granted, a condition would be attached to
ensure the existing access to the north of the site from the private access owned by
Stonelaw Towers is blocked to prevent vehicles using this to access the site. 
Therefore, as the layout of the car park has been reconfigured to ensure the parking
and access specifications are in compliance with the Council’s standards and
adequate pedestrian connectivity is retained, the Council’s Roads Development
Management Section have confirmed their satisfaction with the layout subject to the
attachment of conditions. 
6.10 The Coal Authority were also consulted as part of the application process due to the
site sitting within an area that has been defined as containing potential hazards arising
from former coal mining activity.  Initially they raised concern about the proposal as
the required Coal Mining Risk Assessment had not been submitted.  However as this
has been submitted, The Coal Authority have removed their objection subject to the
attachment of conditions for further site investigations relating to past coal mining
activity to be carried out, including remediation/mitigation works, and confirmation from
a qualified person that the site has been made safe.  As noted, should permission be
granted, suitable conditions can be attached. 
6.11 As detailed above, the statutory neighbour notification process was carried out and the
application advertised in the local press.  As such, twenty-one letters of objection and
thirteen letters of support were received, the points of which are summarised in section
5 above.  However, following consideration of the points raised, it is not considered
they merit refusal of the application.   
6.12 In conclusion, the proposed building and use are considered to be acceptable at this
location and it is recommended that planning permission is granted, subject to the
attached conditions. 
7 Reasons for Decision
7.1 The proposal will have no significant adverse impact on residential amenity and
complies with Policies 2, 3, 5, 9, DM1 and DM9 of the adopted South Lanarkshire
Local Development Plan 2 (2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
25 August 2022 
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Previous References
 CR/07/0031
 Cambuslang and Rutherglen Area Committee – 1 December 2009 (CR/09/0175)
 Planning Committee - 6 November 2012 (CR/12/0137)
 Planning Committee - 19 November 2013 (CR/13/0146)
 CR/13/0050
 CR/16/0166
 CR/17/0145
 Planning Committee - 6 November 2018 (P/18/0259) 
List of Background Papers
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 27.04.2022
► Consultations
The Coal Authority Planning and Local Authority Liaison 05.05.2022
18.05.2022 
Roads Development Management Team
10.08.2022 
24.08.2022 
Petroleum Officer  24.08.2022 
Burnside Community Council  07.05.2022  
Environmental Services 18.08.2022 
► Representations           Dated:    
Erin Graham, 23 Stonelaw Towers, Stonelaw Road,
Rutherglen, G73 3RL
16.05.2022 
Mr Stuart Scott, Flat 2, 5 Lower Bourtree Drive, Glasgow,
G73 4RG 
12.05.2022
Mrs Emily Scott, Flat 2, 5 Lower Bourtree Drive, Glasgow,
G73 4RG 
12.05.2022
Mr Anonymous Resident, 1-6 Stonelaw Towers, Rutherglen,
G73 3RL 
12.05.2022
Mr Bryan Miller, 3/1 22 Rutland Court, Glasgow, G51 1JW  12.05.2022
Mr Marc Frossman, 60 Springfield Park Road, Glasgow, G73
3RG 
20.05.2022
Mrs Sharon D, 16 D, Burnside, G73  20.05.2022
Miss Alison Fenton, 0-1, Viewpark Court 3 Viewpark Drive,
Rutherglen Glasgow, South Lanarkshire, G73 3QE
19.05.2022
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Mrs Kirstin Coyle, 61 Springfield Park Road, Glasgow, G73
3RG 
20.05.2022
Mrs Kara Thorpe, 1 St. Stephens Crescent, Rutherglen,
Glasgow, G73 5NA 
20.05.2022
Mr Alan Buchan, 8, Cathkin Avenue, Rutherglen, G73 3HN  20.05.2022
Miss L Craig, 16 Stonelaw Towers, Rutherglen, G73 3RL  20.05.2022
Mr S Blackwood, 16 Stonelaw Towers, Rutherglen, G73 3RL  17.05.2022
Miss Niamh Mackay, 9 Stonelaw Towers, Rutherglen,
Glasgow, G733rl 
20.05.2022
Mr James Dalby, 144 Brownside Road, Cambuslang,
Glasgow, G72 8AH 
23.05.2022
Mrs Sarah-Jane Garbett, 19 Burnside Road, Glasgow, G73
4RW 
04.05.2022
Mrs Anna McKearney, Stonelaw Towers, Rutherglen, G73
3RL 
06.05.2022
&
23.05.2022 
Mrs Suzanne McClafferty, 138 Brownside Road, Glasgow,
G72 8AH 
20.05.2022
Mrs Colin Morris, 16 Viewpark Drive, Burnside, Rutherglen,
G73 3QD 
31.05.2022
Mr Michael McKearney, 10, Stonelaw Towers, Rutherglen,
G73 3RL 
17.05.2022
Miss Emma Smith, 24 Stonelaw Towers, Burnside,
Rutherglen, G73 3RL 
19.05.2022
Mrs Susan Russell, 13 Highburgh Drive, Burnside, Glasgow,
G73 3RR 
20.05.2022
Mr Thomas Russell, 13 Highburgh Drive, Burnside,
Rutherglen, G73 3RR 
20.05.2022
Mr Greg Waters, Station Cottage, 4 Burnside Road, Glasgow,
G73 4SA 
29.04.2022 
Mr Alan Teenston, Stonelaw Towers, Rutherglen, G73 3RL  13.05.2022 
Miss Kathleen Kieran, 67 Menock Road, Kingspark, Glasgow,
G44 5SB 
20.05.2022 
Mr Billy Garbett, 19 Burnside Road, Rutherglen, Glasgow,
G73 4RW 
06.05.2022 
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Mrs Lesley Callaghan, 21 Mitchell Drive, Burnside, Glasgow,
G73 3QP
17.05.2022 
Mr Renato Delvecchio, 232 Stonelaw Road, Burnside,
Glasgow, G77 5DW 
04.05.2022 
Ms Emma McNulty, 5 Stonelaw Towers, Burnside,
Rutherglen, G73 3RL 
04.05.2022 
Mr Chris Smith, 12 Viewpark Drive, Burnside, Glasgow, G73
3QD 
23.05.2022 
Mr David Glassford, 37 Drumsagard Road, RUTHERGLEN,
Glasgow, G73 5AL 
11.05.2022 
Mr Bob McGirr, 17 Viewpark Drive, Rutherglen, Glasgow,
G73 3QE
02.06.2022 
Chris Miller, 187C Stonelaw Road, Rutherglen, G73 3PD  21.06.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please
contact:- 
Julie Pepper, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3
6LB
Phone: 07551842709   
Email: julie.pepper@southlanarkshire.gov.uk  
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Detailed planning application 
Paper apart – Application number: P/22/0348 
Conditions and reasons 
01. That before any development commences on site or before any materials are ordered
or brought to the site, details and samples of all materials to be used as external
finishes on the development shall be submitted to and approved by the Council as
Planning Authority.   
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
02. All external colours shall be agreed in writing with the Council as Planning Authority
prior to the commencement of works.   
Reason: To ensure the development is satisfactory in appearance and to maintain the
visual quality of the area. 
03. That notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (Scotland) Order 1992 (or any such order revoking or re-
enacting that order), the use of the unit hereby approved shall be restricted to use as 
and for no other purpose within Class restaurant with ancillary takeaway as defined in
the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997,
without the prior written consent of the Council as Planning Authority.   
Reason: To ensure that the Council retains control over future developments on the
site. 
04. Before the development is brought into use, the proposed method of ventilation shall
be submitted to and approved in writing by the Council as Planning Authority. The
proposed development shall not be brought into use until the ventilation systems are
operational in accordance with the approved details. 
All odours, fumes and vapours generated on the premises shall be controlled by best
practicable means to prevent them causing nuisance to occupants of nearby dwellings
or premises. 
The ventilation system shall: 
a) Incorporate systems to reduce the emission of odours and pollutants and shall
thereafter be maintained as necessary. 
b) Be constructed by employing best practical means to minimise noise and
vibration transmission via plant and the building structure. 
c) Noise associated with the business shall not give rise to a noise level, assessed
with the windows open, within any dwelling or noise sensitive building, in excess
of the equivalent to Noise Rating Curve 35, between 07:00 and 20:00 hours,
and Noise Rating Curve 25 at all other times.   
Reason: To minimise the risk of nuisance from smells, fumes, vapours and noise to
nearby occupants.   
05. This development has been highlighted as falling within an area previously subject to
mineral mining.  No works are to commence until a mine gas risk assessment has
been approved in writing by South Lanarkshire Council as the Planning Authority.  Site
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investigation information must include an assessment of the risks associated with
ground gas from disused mineral mines including any mitigation measures deemed
necessary.  In undertaking such an assessment, reference should be made to BS
8485: Code of practice for the design of protective measures for methane and carbon
dioxide ground gases for new buildings (2015) and BS 8576 Guidance on investigation
of ground gas (2013) and CL:AIRE Publication: Good Practice for Risk Assessment
for Coal Mine Gas Emissions.   
Reason: To ensure all appropriate assessments have been carried out. 
06. That before the development hereby approved is brought into use, details of the
storage and collection of waste arising from the development shall be submitted to and
approved by the Council as Planning Authority.  The storage and waste collection
scheme shall be implemented before the development is brought into use and shall
thereafter be maintained to the satisfaction of the Council as Planning Authority.   
Reason: To minimise nuisance, littering and pest problems to nearby occupants. 
07. 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: To minimise the risk of nuisance from dust to nearby occupants. 
08. No development shall commence until; 
a) a scheme of intrusive investigations has been carried out on site to establish the
risks posed to the development by past shallow 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 made 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: To ensure all appropriate investigations have taken place. 
09. Prior to the occupation of the development, or it being taken into beneficial use, 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:  This detail has not been submitted. 
10. That before the development hereby approved is completed or brought into use, all of
the parking spaces shown in Drawing A1493.21.02 of the approved plans shall be laid
out, constructed and thereafter maintained to the specification of the Council as Roads
and Planning Authority. 
Reason: To ensure the provision of adequate parking facilities within the site. 
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11. That before the development hereby approved is brought into use, a scaled plan
showing details of a formal restraint/barrier/fence along the northern elevation of the
site bounding the private access road to Stonelaw Towers shall be submitted to and
approved by the Council as Roads and Planning Authority and shall thereafter be
implemented and maintained as such to our satisfaction. 
Reason:  To prevent use of the existing access to the site.   
12. For the avoidance of doubt, the only vehicular access to the site shall be from the new
upgraded access off Stonelaw Road. 
Reason:  In the interests of residential amenity. 
13. That the existing rear wall separating the application site from Stonelaw Towers shall
be retained and thereafter maintained at its current height to the satisfaction of the
Council as Planning Authority. 
Reason: In the interests of amenity. 
14. That prior to works commencing on site, full details of the design and materials of the
proposed screen to the side of the building, shall be submitted to and approved in
writing by the Council as Planning Authority, and thereafter implemented and
maintained to our satisfaction.   
Reason:  In the interests of visual amenity.   
15. That before the development hereby approved is completed or brought into use, a
visibility splay of 2.4 metres by 43 metres measured from the road channel shall be
provided on both sides of the vehicular access and everything exceeding 0.9 metres
in height above the road channel level shall be removed from the sight line areas and
thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected
within these sight lines. 
Reason: In the interests of traffic and public safety. 
16. That before the development hereby approved is completed or brought into use, the
entire access road and footpath network serving the development shall be laid out and
constructed in accordance with the specification of the Council as Roads and Planning
Authority. 
Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the
development. 
17. That prior to any works associated with the construction of the development
commence a Construction Traffic Management Plan shall be submitted to the Council
as Roads and Planning Authority for approval.  This should provide details of access
and parking provision for staff and visitors, intended working hours, how deliveries of
materials will be managed and stored. 
Reason: in the interests of traffic and public safety as well as to preserve the amenity
of the surrounding area.  
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/21/1127
Erection of 6 No. wind turbines (5 with a maximum height to tip of
250m and 1 with a maximum height to tip of 209m) and associated
infrastructure including access tracks and electrical control building 
1 Summary application information
[purpose]
•Application type:  Detailed planning application
•
Applicant:  Mill Rig Wind Farm LLP c/o Banks Renewables
Limited 
•Location:  Mill Rig Wind Farm
Waterhead Peelhill and Linbank Highway
Strathaven
South Lanarkshire
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s): -
[recs]
(1) Grant detailed planning permission (subject to conditions) based on conditions
attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this application. 
The Committee should note that the decision notice should not be issued until the
following matters are concluded:- 
A Legal Agreement securing:- 
 a Section 96 legal agreement to ensure bridge assessment analysis is
undertaken to ensure that all bridges affected by the proposals can safely
accommodate the abnormal loads and the submission of a report
(demonstrating suitable check certification has been carried out) for further
approval.  For the applicant to carry out any remediation required on any bridge
not considered to be capable of carrying the proposed loads following approval
of the works by the Council, as Road Authority.  The agreement shall also
contain details of a suitable inspection regime of the bridges during the
construction of the wind turbines and the resultant requirements and
responsibilities following these inspections.
 Community Contribution Payments  
8
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In accordance with agreed procedure, should there be no significant progress, on
behalf of the applicant, towards the conclusion of the Planning Obligation within 6
months of the date of the Committee, the proposed development may be refused on
the basis that, without the planning control/developer contribution which would be
secured by the Planning Obligation, the proposed development would be
unacceptable. 
If, however, this matter is being progressed satisfactorily the applicant will be offered
the opportunity to enter into a Processing Agreement, if this is not already in place.
This will set an alternative agreed timescale for the conclusion of the Planning
Obligation. 
All reasonable legal costs incurred by the Council in association with the above Legal
Agreement shall be borne by the applicant 
3 Other information
♦ Applicant’s Agent: Laura McGowan
Land Use Consultants
♦ Council Area/Ward: 05 Avondale and Stonehouse
♦ Policy Reference(s): South Lanarkshire Local Development Plan 2
(Adopted 2021)
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 Environment
Policy 15 Travel and Transport
Policy 16 Water Environment and Flooding
Policy 18 Renewable Energy
Policy RE1 Renewable Energy
Policy DM1 New Development Design
Policy GBRA2 Business Proposals within Green Belt
and Rural Area
SDCC2 Flood Risk
SDCC3 Sustainable Drainage Systems
NHE9 Protected Species
NHE20 Biodiversity 
Supporting Planning Guidance: Renewable Energy 
♦   Representation(s): 
► 0 Objection Letters
► 164  Support Letters
► 1  Comment Letter 
♦   Consultation(s):   
Darvel and District Community Council 
Prestwick Airport 
Roads Development Management Team 
Environmental Services 
West of Scotland Archaeology Service 
SEPA West Region
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Historic Environment Scotland 
Scottish Water 
Roads Flood Risk Management 
SP Energy Networks 
Countryside and Greenspace 
BAA Glasgow 
Transport Scotland 
Civil Aviation Authority (CAA) 
MoD (Windfarms) 
National Air Traffic Services Limited 
Nature.Scot 
East Ayrshire Council 
Roads and Transportation Services Bridges Structures Section 
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Planning Application Report
1 Application Site
1.1 The application site is an area approximately 393 hectares in size mainly comprising
commercial forestry with an area of sloping moorland and is located on the western boundary
of the South Lanarkshire Council administrative boundary, approximately 12km southwest of
the settlement of Strathaven.  The application site extends into the administrative boundary of
East Ayrshire Council (EAC) with access taken from the A71.  In tandem with this planning
application, an application has been submitted to East Ayrshire Council (EAC Ref:
21/0440/PP) for alterations to the existing access from the A71.  This application is currently
pending consideration.  The application site is located adjacent to the existing Bankend Rig
Wind Farm (Planning Ref: EK/06/0311) and it is proposed to utilise part of the existing access
road that serves this wind farm. 
1.2 The application site is located on land designated as Rural Area within the South Lanarkshire
Local Development Plan 2 (2021).  The site is located within a landscape designated within
NatureScot’s Landscape Character Assessment (2019) as a Plateau Moorland Landscape
Character Type (LCT) and within the Rolling Moorland Forestry LCT within the South
Lanarkshire Landscape Character Assessment 2010 (LCA). 
2 Proposal(s)
2.1 Planning permission is sought for the erection of 6 No. wind turbines and associated
infrastructure including an electrical control building, cabling and access track.  As noted in
1.1 above, it is proposed to utilise existing portions of the Bankend Rig Wind Farm access
track including the existing access off the A71, subject to widening.  Again, as noted in 1.1
above, this access point and the majority of the access road are located within East Ayrshire
and subject to a separate planning application.  All 6 proposed turbines are located within the
South Lanarkshire Council administrative boundary. 
2.2 Five of the proposed turbines are to have a maximum height to tip of 250m with the remaining
proposed turbine having a maximum height of 209m to tip.  The proposals would have an
estimated generating capacity of 36 Mega Watts (MW). 
3 Background
3.1 National Policy
3.1.1 National Planning Framework 3 (NPF3) June 2014 sets out the long-term vision for the
development of Scotland and is the spatial expression of the Scottish Government’s Economic
Strategy.  It has a focus on supporting sustainable economic growth which respects the quality
of the environment, place and life in Scotland and the transition to a low carbon economy.  The
framework sets out strategic outcomes aimed at supporting the vision – a successful,
sustainable place, a low carbon place, a natural, resilient place and a connected place.  NPF
3 also notes in paragraph 3.8 “We want to meet at least 30% of overall energy demand from
renewables by 2020”. 
3.1.2 Scottish Planning Policy (SPP) June 2014 aligns itself with NPF3 and one of its policy
principles states that “This SPP introduces a presumption in favour of development that
contributes to sustainable development”.  At paragraph 28, SPP states that “the planning
system should support economically, environmentally and socially sustainable places by
enabling development that balances the costs and benefits of a proposal over the longer term. 
The aim is to achieve the right development in the right place; it is not to allow development
at any cost.”  The SPP also identifies a number of considerations to be taken into account
when determining energy infrastructure developments including net economic benefit, the
contribution to renewable energy targets, cumulative impacts, visual impacts, residential
amenity, and landscape and visual impacts (paragraph169). 
3.1.3 The Scottish Government’s Onshore Wind Policy Statement (December 2017) sets out the
considered views of Scottish Ministers, following consultation, with regard to onshore wind
energy and how renewable technology continues to evolve.  Paragraph 25 acknowledges “the
way in which wind turbine technology and design is evolving, and fully supports the delivery
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of large wind turbines in landscapes judged to be capable of accommodating them without
significant adverse impacts”. 
3.2 Development Plan Status
3.2.1 The proposed development requires to be considered against the approved Glasgow and
Clyde Valley Strategic Development Plan 2017 (GCVSDP) Onshore Wind Spatial Framework
(paragraphs 7.8 and 7.9).  The Onshore Wind Spatial Framework is aligned to increasing
energy efficiency and reducing carbon emissions.  Diagram 6 identifies areas within the city
region that are likely to be most appropriate for onshore wind farm development.  Policy 10
Onshore Energy requires proposals to accord with local development plans. 
3.2.2 Following formal adoption on 9 April 2021, the proposals are required to be assessed against
the South Lanarkshire Local Development Plan 2 (SLLDP2). 
In this regard, the application site and associated proposal is affected by the following policies
contained in SLLDP2:- 
Volume 1
 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 Environment
 Policy 15 Travel and Transport
 Policy 16 Water Environment and Flooding
 Policy 18: Renewable Energy 
Volume 2 
 Policy DM1 New Development Design
 Policy RE1 Renewable Energy
 Policy GBRA2 Business Proposals within Green Belt and Rural Area
 SDCC2 Flood Risk
 SDCC3 Sustainable Drainage Systems
 NHE9 Protected Species
 NHE20 Biodiversity 
Supporting Planning Guidance: Renewable Energy 
3.2.3 All these policies and guidance are examined in the assessment and conclusions section of
this report. 
3.3 Planning Background
3.3.1 The application involves proposals with an electrical generating capacity of over 20MW and
therefore is classed as a Major application within the Electricity Generation category of the
Hierarchy of Development.  As such, the applicant carried out the statutory Pre-Application
Consultation (Planning Ref: P/20/0009/PAN) required for Major applications.  The current
application submission includes the required Pre-application Consultation Report following
this consultation procedure. 
3.3.2 Due to the nature of the proposals being considered to constitute an Environmental Impact
Assessment (EIA) proposal, the planning application has been submitted with an EIA Report
(EIAR).  A scoping exercise was carried out to inform the scope of the EIAR prior to it being
written (Planning Ref: P/18/1345). 
3.3.3 As noted in 1.1 above, an application to widen the existing access from the A71 and access
route to site has been submitted to East Ayrshire Council (EAC) (EAC Ref: 21/0440/PP) which
is currently pending consideration.  
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3.4 Appropriate Assessment Under Habitat Regulations
3.4.1 The application site is located adjacent to the northern boundary of the Muirkirk and North
Lowther Uplands Special Protection Area (SPA).  This SPA is classified for its internationally
important populations of hen harrier, merlin, peregrine, short-eared owl and golden plover.
Whilst not located within this SPA, given the proposals are within close proximity there is
potential that they could impact upon the integrity of the SPA designation.  As such, as
Competent Authority, South Lanarkshire Council is required to carry out an Appropriate
Assessment of the proposals in relation to the conservation objectives of the designation
before any further planning decision can be made. 
3.4.2 As part of their consultation response (4.6 below) NatureScot have considered the proposals
and state that, subject to strict adherence to their proposed mitigation (a Breeding Bird
Protection Plan and habitat management to reduce the attractiveness of the application site
to the SPA qualifying species) it is their opinion that the proposals would not adversely affect
the integrity of the SPA. 
3.4.3 As noted in 4.6 below, conditions securing the mitigation proposed by NatureScot form part of
the recommendation of approval.  In this instance, it is considered that if the development
proposals are carried out in line with strict mitigation relating to breeding birds and habitat
management, they would not adversely affect the integrity of the SPA.  It is therefore
considered that subject to suitable mitigation, South Lanarkshire Council, as Competent
Authority, has carried out an Appropriate Assessment in relation to the qualifying interests of
this SPA and that the proposals are acceptable under this assessment. 
4 Consultation(s)
4.1 Roads Development Management – no objections to the proposals subject to conditions
relating to further approval of a Traffic Management Plan (TMP) and the subsequent
implementation of the approved TMP. 
Response:  Noted.  Appropriate conditions can be attached to any consent issued. 
4.2 Roads (Structures) – note that the abnormal load route includes crossing 13 South
Lanarkshire Council bridges. Require a Section 96 legal agreement be entered into to ensure
bridge assessment analysis is undertaken to ensure that the bridges can safely accommodate
the abnormal loads and is incorporated into a report containing suitable check certification for
further approval.  If any bridge is not capable of carrying the proposed loads remedial
measures on these bridges will be required to be carried out by the applicant to the Council’s
approval.  The agreement shall also contain details of a suitable inspection regime of the
bridges and the resultant requirements and responsibilities following these assessments. 
Response: Noted and a legal agreement to secure these requirements forms part of the
recommendation of approval. 
4.3 Countryside and Greenspace – no objections to the proposals subject to a public access
strategy through the site being drawn up by the applicant following public consultation. 
Support NatureScot’s comments in relation to habitat management.
Response: Noted and an access strategy condition forms part of the recommendation of
approval.  NatureScot’s comments are discussed in 4.6 below. 
4.4 West of Scotland Archaeological Service (WoSAS) – note that there is potential for the site
to contain archaeological interest and therefore a programme of archaeological works should
be carried out before any construction commences. 
Response: Noted.  An appropriate condition can be attached to any consent issued. 
4.5 Environmental Services – content with the noise impact assessment (NIA) submitted as part
of the application and have no objections subject to the mitigation proposed within the NIA,
namely that compliance and validation measurements shall be carried out by an appropriately
qualified, independent consultant.  Also require a blasting statement condition in relation to
borrow pits and a condition requiring shadow flicker investigation should any complaint be
received. 
Response: Noted.  Appropriate conditions form part of the recommendation of approval.
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4.6 NatureScot – as noted in 3.4 above, consider that subject to mitigation the proposals will not
have an adverse impact on the integrity of the adjacent SPA.  As well as the mitigation
recommended in relation to the SPA, they state that they object to the proposals unless
mitigation relating to the further approval of a Habitat Management Plan forms a condition of
any planning permission, if granted.  Also recommend conditions in relation to the employment
of an Environmental Clerk of Works (ECoW) and the further approval and subsequent
implementation of a Construction Environmental Management Plan (CEMP). 
Response: Noted.  Appropriate conditions in relation to the SPA mitigation, the employment
of an ECoW and the further approval of a Habitat Management Plan and CEMP form part of
the recommendation of approval. 
4.7 Historic Environment Scotland – no objection. 
Response: Noted. 
4.8 SEPA – no objection subject to conditions requiring surface water management to form a
requirement of any CEMP. 
Response: Noted and surface water management is one of the criteria required to be
addressed by the CEMP which forms part of the recommendation of approval. 
4.9 Ministry of Defence – no objection subject to conditions requiring aviation lighting. 
Response: Noted and the conditions relating to aviation lighting form part of the
recommendation of approval. 
4.10 Scottish Water – no objections. 
Response: Noted. 
4.11 Darvel and District Community Council – support the proposals. 
Response: Noted. 
4.12 Sandford and Upper Avondale Community Council – support the proposals. 
Response: Noted. 
4.13 Prestwick Airport – originally objected to the proposals on the grounds of aviation safety and
Radar. Following discussions with the applicant, a Primary Radar Mitigation Scheme has now
been agreed in principle. Now have no objections subject to conditions requiring further
approval of the detailed Primary Radar Mitigation Scheme being attached to any decision, if
issued. 
Response: Noted and the requested conditions form part of the recommendation of approval. 
4.14 National Air Traffic Services Limited – originally objected to the proposals on the grounds
of aviation safety and Radar. Following discussions with the applicant, a Primary Radar
Mitigation Scheme has now been agreed in principle. Now have no objections subject to
conditions requiring further approval of the detailed Primary Radar Mitigation Scheme being
attached to any decision, if issued. 
Response: Noted and the requested conditions form part of the recommendation of approval. 
4.15 BAA Glasgow Airport – originally objected to the proposals on the grounds of aviation safety
and Radar. Following discussions with the applicant, a Primary Radar Mitigation Scheme has
now been agreed in principle. Now have no objections subject to conditions requiring further
approval of the detailed Primary Radar Mitigation Scheme being attached to any decision, if
issued. 
Response: Noted and the requested conditions form part of the recommendation of approval. 
4.16 The following consultees had no comments to make on the proposals:-  
 Roads Flood Risk Management
 Scottish Power Energy Networks
 Civil Aviation Authority (CAA)
 Transport Scotland
 East Ayrshire Council
 Scottish Ministers 
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5 Representation(s)
5.1 Statutory neighbour notification was undertaken and the proposal advertised in the local press
for non-notification of neighbours.  Following this publicity 1 letter of comment was received
requesting that all flora and fauna are protected as part of the development.  As noted
throughout Section 6 of the report below, the planning application was submitted with an EIA
Report that contains a full ecological appraisal including mitigation measures in relation to
wildlife. 
5.2 In addition, 164 letters including 158 pro forma letters, were submitted in support of the
proposals. 
5.3 No letters of objection have been received. 
5.4 These letters are available for inspection on the planning portal. 
6 Assessment and Conclusions
6.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all
applications must be determined in accordance with the development plan unless material
considerations indicate otherwise.  In this case, the development plan comprises the approved
Glasgow and the Clyde Valley Strategic Development Plan 2017 (GCVSDP), the adopted
South Lanarkshire Local Development Plan 2 2021 (SLLDP2) and associated Supporting
Planning Guidance: Renewable Energy. 
6.2 In terms of National Planning Policy and Guidance, NPF 3 notes in paragraph 3.8 that the
Government seeks to meet at least 30% of overall energy demand from renewables by 2020. 
6.3  The Scottish Government’s Onshore Wind Policy Statement (December 2017) sets out the
considered views of Scottish Ministers, following consultation, with regard to onshore wind
energy and how renewable technology continues to evolve. Paragraph 25 acknowledges “the
way in which wind turbine technology and design is evolving, and fully supports the delivery
of large wind turbines in landscapes judged to be capable of accommodating them without
significant adverse impacts”. 
6.4 SPP Policy Principles (page 9) states that “This SPP introduces a presumption in favour of
sustainable development”.  At paragraph 28, SPP states that “the planning system should
support economically, environmentally and socially sustainable places by enabling
development that balances the costs and benefits of a proposal over the longer term.  The aim
is to achieve the right development in the right place; it is not to allow development at any
cost.”  The SPP also identifies a number of considerations to be taken into account when
determining energy infrastructure developments including net economic benefit, the
contribution to renewable energy targets, cumulative impacts, visual impacts, residential
amenity, and landscape and visual impacts (paragraph169).   
6.5 SPP, therefore, promotes renewable energy projects but only ‘the right development in the
right place; it is not to allow development at any cost’.  As noted in 6.1, the planning system
should be plan led and this is re-enforced as being part of the Core Values of the Planning
Service set out in SPP Paragraph 4.  It is, therefore, considered that whilst the principle of
renewable energy is supported at a National Level, it is only supported if the proposals are
deemed to be considered ‘the development in the right place’ and that the primary, determining
criteria for this assessment should therefore be the Development Plan. 
6.6 The proposed development therefore requires, firstly, to be considered against the Glasgow
and Clyde Valley Strategic Development Plan 2017 (GCVSDP) Onshore Wind Spatial
Framework (paragraphs 7.8 and 7.9).  The Onshore Wind Spatial Framework is aligned to
increasing energy efficiency and reducing carbon emissions.  The methodology used in
devising the Onshore Wind Spatial Framework is set out in Part Two of Background Report
10 Low and Zero Carbon Generating Technologies.  At section 15.10, the background report
acknowledges that wind turbine development is likely to be acceptable subject to detailed
consideration against local policy criteria and that potential wind farm development should not
be viewed in isolation.  It goes on to state that developers and interested parties must refer to
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any local guidance made available by the local planning authority including local development
plans and supplementary guidance, and landscape capacity studies.  Policy 10 Onshore
Energy requires proposals to accord with local development plans.  Diagram 6 of the GCVSDP
identifies areas of the city region where onshore wind maybe appropriate and the application
site is identified as within one of these areas.  It is, therefore, considered that at a strategic
level the Development Plan supports the principle of renewable energy subject to a detailed
assessment against the local development plan. 
6.7 In terms of the adopted South Lanarkshire Local Development Plan 2, Policy 1 ‘Spatial
Strategy’ of the SLLDP2 states that the Plan will encourage sustainable economic growth and
regeneration, protect and enhance the built and natural environment and move towards a low
carbon economy and that this will be achieved, inter alia, by supporting ‘development that
accords with and supports the policies and proposals in the development plan and
supplementary guidance.  As the site is located within land designated as within the Rural
Area, the application, therefore, requires to be assessed under the 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.  Policy 4
recognises that there are specific circumstances where proposals may require to be located
within a rural area if it can be demonstrated that there is an established need for the proposed
development.  SLLDP2 Volume 2 Policy GBRA2 Business Proposals within Green Belt and
Rural Area lists renewable energy as an appropriate use in the Rural Area subject to it
conforming to SLLDP2 Policy 18: Renewable Energy.  Further assessment of the proposals
against SLLDP2 Policy 18 is considered below but the principle of the renewable energy use
within the Rural Area accords with the spatial strategy set out within SLLDP2 Policies 1 and 4
in this instance.  Again, the overall acceptability of such a development must, however, also
meet other Policy and Development Management criteria and these issues are considered in
detail further in the report. 
6.8 Policy 2 ‘Climate Change’ of the SLLDP2 states that proposals for new development must,
where possible, seek to minimise and mitigate against the effects of climate change.  The
proposals are for a renewable energy development and, therefore, intrinsically support
minimising the effects of climate change through greener energy generation.  It is, therefore,
considered that the principle of the development accords with SLLDP Policy 2 in this instance.
Again, the overall acceptability of such a development must, however, also meet other Policy
and Development Management criteria and these issues are considered in detail further in the
report. 
6.9 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.  This
advice is supported through SLLDP2 Volume 2 Policy DM1 New Development Design. 
6.10 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.  This advice is supported through a range of topic specific SLLDP2 Volume
2 Policies NHE1 to NHE21 and reference to the relevant specific policy is made throughout
the remainder of the assessment below. 
6.11 Policy 18: Renewable Energy states applications for renewable energy infrastructure
developments will be supported subject to an assessment against the principles set out in
SPP, in particular, the considerations set out at paragraph 169 and additionally for onshore
wind developments of 15 metres or greater in height, the terms of Table 7.2 of SLLDP2.  It
further states that all renewable energy proposals shall be assessed against the relevant
criteria and requirements set out in the Assessment Checklist for Renewable Energy
Proposals (hereon referred to as the Checklist) contained within SLLDP2 Volume 2.  SLLDP2
Volume 2 Policy RE1 Renewable Energy supports Policy 18 and states that as well as the
Checklist, renewable energy proposals should also take into account the considerations,
criteria and guidance contained within the Supporting Planning Guidance on Renewable
Energy, Landscape Capacity Study for Wind Energy (2019 as amended) and other relevant
policies in SLLDP2.  Part of the Checklist includes an assessment of the criteria referenced in
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Policies 5 and 14 and their associated SLLDP2 Volume 2 Policies as referenced above.  The
assessment below, therefore, also includes the assessment against these policies criteria. 
6.12 SLLDP2 Table 7.2 sets out the Spatial Framework for Wind Energy and applies to all wind
energy developments of 15 metres or greater in height.  The spatial framework identifies those
areas that are likely to be most appropriate for onshore wind farms as a guide for developers
and communities.  It sets out three groupings in relation to wind energy development.  These
are as follows:- 
 Group 1: Areas where wind farms will not be acceptable
 Group 2: Areas of significant protection
 Group 3: Areas with potential for wind farm development 
6.13 Group 1 areas comprise of National Parks and National Scenic Areas (NSA).  There are no
National Parks or NSA that will be affected by the proposed development and, therefore, the
proposals are not located within a group 1 area. 
6.14 Group 2 Areas of significant protection; SPP and the Spatial Framework for Wind Energy
recognise the need for significant protection of particular areas which include:- 
 National and international designations
 Other nationally important mapped environmental interests
 Community separation for consideration of visual impact 
6.15 In terms of international designations, there are none located within the application site.  As
noted in 3.4 above, the site is in close proximity to a SPA, however, subject to appropriate
mitigation, the proposals are not considered to have a significant, adverse effect on the
integrity of this international designation. 
6.16 In terms of national designations, the application site is also adjacent to the Muirkirk Uplands
Site of Special Scientific Interest (SSSI) which, like the SPA is designated for its ornithological
interests but also for the quality of its blanket bog and upland habitat mosaic.  As noted
elsewhere, the proposals are not considered to have a significant impact on ornithological
interests.  The construction element of the site is not considered to have any connection with
the water table of the SSSI and therefore would not impact upon the blanket bog.  A further
SSSI, Blood Moss and Slot Burn SSSI is located some 3.5km from the site.  Again, this SSSI
is designated for blanket bog habitat and it is considered that the proposals would have no
impact upon this SSSI. 
6.17 In terms of national historic designations there are no Historic Battlefields, Inventory Gardens
and Designed Landscapes (IDGL), A Listed Buildings or Conservation Areas within the site
boundary.  There are 5 Scheduled Monuments within 10km of the site. The nearest, Glen Carr
(SM2469), is some 2.7km from the site boundary and it is considered that this distance and
the topography of the area minimises any impact the proposals may have on this or any of the
more distant Scheduled Monuments.  There is one A Listed Building within 10km of the
application site, the Alexander Morton Monument which is some 6km from the site and it is
again considered that this is an adequate distance to ensure there is no impact on the setting
of this historic asset.  There is one IGDL within 10km of the application site but again at a
distance of 5.5km form the site, it is considered that the proposals would not have an adverse
impact upon the setting of this historic asset. 2 historic battlefields (Battle of Loudon Hill and
Battle of Drumclog) are within 1.5km and 3.5km of the site respectively.  It is considered that
these distances are adequate in ensuring the interpretation and setting of both battlefields are
not impacted upon by the proposals. Historic Environment Scotland (HES) and West of
Scotland Archaeology Service (WoSAS) have raised no concerns in relation to the proposals
impact on either battlefield.  There are 4 Conservation Areas within 10km of the application
site, all located outwith South Lanarkshire Council’s administrative boundary.  The closest
ones (Darvel Central and Morton Park) are 4.6km from the application site, however, the
proposals would not have an adverse impact on these historic designations.  
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6.18 The third criteria of the Group 2 Areas of significant protection relates to community separation
for consideration of visual impact.  This is defined by SPP as an area not exceeding 2km
around cities, towns and villages identified on the local development plan with an identified
settlement envelope or edge.  There are no communities within 2km of the application site. 
6.19 It is therefore considered that the proposals and application site can be considered to fall
within Group 3: Areas with potential for wind farm development. 
6.20 As noted in 6.11 above, Policies 18 and RE1 require renewable energy proposals to be
assessed against the Checklist and other relevant policies of SLLDP2.  These are taken in
turn below. 
6.21 Impact on international and national designations. 
National and international designations have been previously assessed at paragraphs 6.15 to
6.19 above and it is considered that there are no adverse effects on national and international
designations. 
6.22 Community separation for consideration of visual impact. 
As noted in 6.18 above, the proposals are not located within 2km of any communities. 
6.23 Economic benefits.
This includes local and community socio-economic benefits such as employment, associated
business and supply chain opportunities.  It is acknowledged that there will be some
construction employment related to the development but as the development only involves 6
turbines and associated infrastructure, there is unlikely to be other economic opportunities
associated with the development.  It is, therefore, considered that there is little weight in any
consideration of the development in relation to economic benefits. 
6.24 Scale of contribution to renewable energy generation targets and effects on greenhouse gas
emissions. 
It is acknowledged that, as with any renewable energy project, if developed, the proposals
would add to renewable energy targets.  If approved, the proposals would have a renewable
energy generation capacity of 36MW.  Part of the proposals involve utilising parts of an existing
access track and avoiding peatland where possible which minimises the construction footprint
of the project and carbon release.  The EIAR notes that approximately 78,905 tonnes of CO2
would be emitted through the manufacturing, construction and decommissioning of the
turbines and it is expected that within 2.4 years of the 30 year lifespan of the turbines the
renewable energy generated would have paid back this carbon release resulting in the
remaining 27.6 year being in a carbon credit for electricity generation. 
6.25 Effect on the natural heritage, including birds - Table 7 criteria 7a) South Lanarkshire Local
Biodiversity Strategy, Local nature conservation designations, bird sensitivity, protected
species and bats. 
This criterion, in line with SLLDP2 Volume 2 Policies NHE9 (Protected Species) and NHE20
(Biodiversity), states that development which will have an adverse effect on protected species
following the implementation of any mitigation measures will not be permitted unless it can be
justified in accordance with the relevant protected species legislation.  Ecological and
Ornithological chapters form part of the EIAR, including a Protected Species Survey, submitted
as part of the application.  It concludes that the development would not have a significant
impact upon protected species and habitats.  The site is predominantly commercial forestry
comprising Sitka Spruce and therefore does not have a high habitat value for wildlife, including
protected species.  Whilst evidence of protected species was not found within the application
site, mitigation measures such as pre-construction surveys and a stand off from trees that
have the potential for bats to roost form part of the EIAR. NatureScot have raised no concerns
in relation to these chapters and the proposed mitigation within the EIAR. 
6.26 Effect on the natural heritage, including birds – Table 7 criteria 7b) Habitat Management Plans
(HMP). 
As noted in 3.4 and 4.6 above, habitat management is considered a requirement to ensure
the proposals do not have a significant, adverse impact upon the adjacent SPA and a condition
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requiring further approval of a Habitat Management Plan forms part of the recommendation of
approval. 
6.27 Landscape and visual impacts including landscape capacity and cumulative developments. 
It is considered that landscape designations, character and capacity are key considerations in
considering the impact of wind farm and wind turbine proposals.  The Council’s own landscape
technical studies provide a comprehensive baseline for the assessment of wind farm and wind
turbine proposals in South Lanarkshire.  To evaluate this firstly an assessment of the impact
of the proposals on landscape designation and character, and the capacity of the landscape
to accommodate the proposed development is carried out.  Secondly an assessment on the
visual impact including residential amenity is carried out.  The assessment takes into account
cumulative impacts. A Landscape and Visual Impact Assessment (LVIA) was submitted as
part of the application. 
6.28 The application site is located within the Rolling Moorland Forestry Landscape Character Type
(LCT), as defined in the South Lanarkshire Landscape Character Assessment 2010 (LCA).
The key characteristics of this LCT are its distinctive upland character created by the
combination of elevation, exposure, rolling or undulating landform and the pre-dominant lack
of modern development. South Lanarkshire’s Landscape Capacity for Wind Turbines 2016
(Landscape Capacity Study) and its Tall Turbine Addendum (2019) provides guidance on the
individual and cumulative landscape impact of wind farm and wind turbine developments in
the Rolling Moorland Forestry LCT.  The application site is in an area defined as having
medium capacity for turbines with heights between 150m to 250m where it is considered that
the rolling and large nature of the LCT has a character than can support large scale turbine
heights; the topography of the LCT allows for potential screening of turbines and apart from
other turbines; and there is little other development that would provide a scale indicator for tall
turbines and increase their sense of dominating the landscape.  The LCA suggests that the
nature of the LCT with its sense of remoteness in parts isn’t suitable for large spread wind
farm development and should be sited adjacent to existing wind farm development where
possible to limit their visual spread into remoter areas of the LCT.  The turbines have been
designed in a tight cluster to minimise their visual spread within the landscape.  The site is
located to an existing wind farm (Bankend Rig) and whilst this wind farm involves turbines at
a much lower height (76m), their presence on this part of the landscape results in it not being
one of the areas of the LCT characterised by a remoteness.  It is also considered that 6
turbines is, in proportion to the scale of the landscape, relatively modest and minimises spread
across the large rolling landscape.  Whilst the turbines are taller than the surrounding
commercial forestry, it is considered that the forestry would have a softening effect on the
turbines within the landscape as they would provide a setting of the turbine basis within the
landscape. 
6.29 In terms of Visual Impact, this can be categorised in 2 separate considerations.  Firstly, there
is the general Visual Impact the proposals may have to receptors throughout the wider area
and secondly there is the specific Visual Impact proposals can have on residential amenity.
Taking each in turn, in terms of general Visual Impact, it is considered that the site is located
within a fairly remote location that is not particularly prominent within the landscape which
limits its impact to receptors.  The site is adjacent to an existing wind farm (Bankend Rig) and
is therefore not introducing wind turbines into the landscape.  In terms of residential visual
amenity, again given the remote location of the proposals there is limited potential to impact
upon residential amenity.  A detailed assessment of the visual amenity on residential
properties within 2km of the proposal formed part of the submitted LVIA.  It is considered that
due to the design of the proposed development, distance and screening the effects of the
proposals on surrounding residential amenity would not be of a scale that would result in
residential amenity being significantly impacted.  Due to the height of the turbines being over
150m, aviation lighting will be required for some or all of the turbines.  It is considered that the
remote location of the turbines again minimises any visual impact lighting may have and that
the introduction of a maximum of 6 turbines being lit will not dominate the night sky to a degree
that they will have a significantly adverse impact on night time visual amenity. 
6.30 It is therefore considered that the proposals are acceptable in relation to Landscape and Visual
Amenity. 
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6.31 Impacts on communities and individual dwellings, including visual impact, residential amenity,
noise and shadow flicker.
The impact of the proposed development on communities and individual dwellings requires to
be assessed in relation to criteria 10 of the Checklist.  Criteria 10 contains 3 considerations
which are residential visual amenity, noise and shadow flicker. 
6.32 As noted in 6.18 above, the application site is not located within 2km of any communities.  In
terms of visual impact on individual dwellings, as noted in 6.29 it is considered the proposals
would not have a significant impact on Residential Visual Amenity on the area. 
6.33 The impact on communities and individual dwellings in respect to shadow flicker and noise
requires to be assessed.  A noise assessment has been submitted as part of the application
submission.  Environmental Services raise no issues with the assessment and recommend
that an appropriate condition can be attached which requires the noise limits to be validated,
if consent is granted, to ensure the required levels are met.  A Shadow Flicker assessment
has been submitted as part of the application submission which notes that 6 properties lie
within the potential shadow flicker radius and are likely to be affected by shadow flicker.  Of
these 6 properties, five were identified as potentially exceeding the 30 hours per year of
shadow flicker that is considered the acceptable threshold and based on an assumption of
constant blue skies throughout the year, may receive up to 87 hours of shadow flicker a year. 
Firstly, it is noted that the surrounding locale is unlikely to have constant blue skies throughout
the year, so the predicated shadow flicker hours is a theoretical worst case scenario (assuming
the sun is always shining with sufficient intensity to cast a clear shadow from dusk till dawn). 
In terms of the actual, likely shadow flicker received by these properties, none would exceed
the 30 hour threshold.  Secondly, the applicant proposes shadow flicker mitigation being
installed within the turbines to ensure they can be shut down when required to minimise
shadow flicker. Mitigation proposed by the applicant requires the turbines being shut down
when shadow flicker is likely to occur.  Environmental Services are content with the shadow
flicker assessment and proposed mitigation.  It is considered that a suitable condition could
be employed to minimise the proposals’ impact on shadow flicker and ensure that it would not
have a detrimental impact upon the amenity of the area. 
6.34 Impacts on carbon rich soils and peat, using the carbon calculator.   
As noted in 6.24 above, the EIAR notes that approximately 78,905 tonnes of CO2 would be
emitted through the manufacturing, construction and decommissioning of the turbines and it
is expected that within 2.4 years of the 30 year lifespan of the turbines the renewable energy
generated would have paid back this carbon release resulting in the remaining 27.6 year being
in a carbon credit for electricity generation. 
6.35 Impact on Public Access.
The proposals do not affect any core paths or right of ways during construction or operation.
An access strategy condition forms part of the recommendation of approval.  It is, therefore,
considered that the proposals are acceptable in relation to public access. 
6.36 Impacts on the historic environment.   
This consideration set out at criteria 13 of the Checklist, in line with the criterion of SLLDP2
Policy 14, has previously been assessed under National Designations at paragraph 6.16 with
the exception of impact upon B and C Listed Buildings.  With regard to B and C Listed
Buildings, there are 66 B listed and 36 C listed buildings within 10 km of the application site
but these are located mainly within existing settlements and farms and not within close
proximity to or within the application site.  It is therefore considered that there would not be
any impact on the settings of these historic assets. 
6.37 Impacts on tourism and recreation. 
It is considered that the proposed turbines would be unlikely to have any direct impact on any
tourism and recreational interests within the area given it does not impact upon any core
walking route or other tourist destination. 
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6.38 Impacts on aviation and defence and transmitting or receiving systems. 
No objections have been received from consultees in relation to defence or transmitting or
receiving systems. In terms of aviation, as noted in 4.13 to 4.15 above, a Primary Radar
Mitigation Scheme has now been agreed. Where consultees have recommended conditions,
these form part of the recommendation of approval. 
6.39 Impact on road traffic and on trunk roads.   
The criterion of this section of the checklist mirrors SLLDP2 Policy 15 (Travel and Transport)
which 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.  Transportation Services (Development
Management) have no objections to the proposals subject to conditions relating to the further
approval and implementation of a Traffic Management Plan.  They also require a Section 96
legal agreement to be entered into in relation to bridge assessment analysis and inspection
regime of specified bridges and culverts along the abnormal load delivery route and associated
indemnity insurance requirements. 
6.40 Impacts on hydrology, water environment and flood risk 
This consideration mirrors SLLDP2 Policy 16: Water Environment and Flooding which states
that any development proposal which will have a significant adverse impact on the water
environment will not be permitted.  The water environment is made up of groundwater, surface
water and watercourses. SLLDP2 Volume 2 Policies SDCC2 (Flood Risk) and SDCC3
(Sustainable Drainage Systems) contain further, specific guidance on the water environment.
The application site is not identified as being at risk of flooding and it is considered that the
proposals would not have an additional impact upon the water environment. 
6.41 Decommissioning and restoration. 
This consideration requires a plan for decommissioning and restoration of the proposed
development to be robust.  The planning submission contains restoration details of returning
the site back to countryside.  Conditions requiring further, specific detail of the restoration plan
and requiring a financial mechanism such as a bond to be put in place form part of the
recommendation. 
6.42 Forestry and woodland removal. 
Criteria 22 of the Checklist requires the effect proposals may have on forestry and woodland
to be fully assessed.  It is considered that the only forestry lost through the proposals would
be commercial forestry which has a limited lifespan given the commercial nature of its planting. 
6.43 Impact on Prime Agricultural Land.  
There is no Prime Agricultural Land within the application site. 
6.44 Borrow pits. 
Four borrow pits are proposed as part of the construction proposals.  It is considered that given
the remoteness of the site the use of onsite stone for construction is considered the most
sustainable option rather than importing material.  Conditions relating to noise levels specific
to the borrow bits and the further approval of any blasting scheme form part of the
recommendation of approval. 
6.45 Environmental Protection
Criteria 25 of the Checklist requires that all appropriate authorisations or licenses under current
environmental protection regimes must be obtained.  Developers are required to ensure there
is no impact on wastewater and/or water assets which are above and/or underground in the
area that may be affected by the proposed development.  If approval were to be granted, a
Construction Environmental Management Plan would form part of any permission to ensure
all construction is carried out in line with all required environmental authorisations and
licenses. 
6.46 Notifiable installations and exclusion zones
There are none within proximity to the application site.  
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6.47 Mitigation
Criteria 27 of the Checklist requires the developer to demonstrate that appropriate mitigation
measures will be applied.  As noted throughout the report, appropriate mitigation has been
proposed through the submitted EIAR. 
6.48 Legal agreement
Criteria 28 of the Checklist requires, where appropriate, the Council to enter into a legal
agreement to address matters that cannot be controlled by planning condition.  In this instance,
a Section 96 legal agreement to ensure bridge assessment analysis is undertaken to ensure
that all bridges affected by the proposals can safely accommodate the abnormal loads and
the submission of a report (demonstrating suitable check certification has been carried out) for
further approval.  For the applicant to carry out any remediation required on any bridge not
considered to be capable of carrying the proposed loads following approval of the works by
the Council, as Road Authority.  The agreement shall also contain details of a suitable
inspection regime of the bridges during the construction of the wind turbines and the resultant
requirements and responsibilities following these inspections.  Whilst not a planning
consideration, the applicant has committed to making community benefit contributions of
£5000 per Mega Watt and it is competent to secure this via a Section 75 Legal agreement. 
6.49  In conclusion, it is considered that the proposed development accords with national planning
policy and the Development Plan on this form of development.  There would also be no
adverse impact on visual amenity, habitats, residential amenity or road safety.  A range of
conditions are proposed which will address the technical issues related to the proposal.  The
proposed development is acceptable and therefore it is recommended that planning
permission is granted. 
7 Reasons for Decision
7.1 The proposed development complies with Policies 1,2, 4, 5, 14, 15, 16, 18, RE1, DM1,
GBRA2, SDCC2, SDCC3, NHE9 and NHE20 of the adopted South Lanarkshire Local
Development Plan 2 (2021). 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 2 September 2022 
Previous References
 P/20/0009/PAN
 P/18/1345 
List of Background Papers
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification advert dated 07.07.2021 
► Consultations
Darvel and District Community Council 15.07.2021
Prestwick Airport 01.09.2022
Roads Development Management Team 15.09.2021
Environmental Services 12.11.2021
West of Scotland Archaeology Service 18.10.2021
SEPA West Region 13.08.2021
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Historic Environment Scotland 03.08.2021
Scottish Water 01.07.2021
Countryside and Greenspace 25.10.2021
BAA Glasgow 01.09.2022
MoD (Windfarms) 04.08.2021
National Air Traffic Services Limited 01.09.2022
Nature.Scot 11.10.2021
Roads and Transportation Services Bridges Structures Section 30.07.2021 
► Representations           Dated:
Joe Allan, 94 Franklin Place, Westwood, East Kilbride, G75 8LS  16.07.2021 
Donald Speirs, Unit C, Logie Court, Stirling University Innovation
Park, Stirling, FK9 4NF 
13.08.2021 
Douglas Bryden, 53 Glasgow Road, Strathaven, ML10 6LZ  28.07.2021 
Mark Cassidy, Unit C, Logie Court, Stirling University Innovation
Park, Stirling, FK9 4NF 
22.08.2021 
R J McLeod, Received Via Email  28.07.2021 
Nick Smith, Logie Court, Stirling University Business Park, Stirling
FK9 4NF 
22.08.2021 
Sandford and Upper Avondale Community Council, Received Via
Email 
05.07.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
James Wright, Planning Team Leader, Montrose House, 154 Montrose Crescent, Hamilton, ML3
6LB
Phone: 07551 839 698
Email: james.wright@southlanarkshire.gov.uk 
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Detailed planning application 
Paper apart – Application number: P/21/1127 
Conditions and reasons 
01. That the development is carried out strictly in accordance with the terms of the application
and the accompanying EIA Report titled "Mill Rig Wind Farm", 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. That consent is granted for a period of 30 years from the date of initial commissioning of the
development as submitted in writing to the Council, as Planning Authority. No later than 5
years prior to the end of said 30 year period, the decommissioning scheme referred to in
condition 3 of this consent shall be submitted to and approved in writing by the planning
authority. 
Reason: To comply with section 58 of the Town and Country Planning (Scotland) Act 1997,
as amended. 
03. No later than 5 years prior to the end of the period of this planning permission, or by such
date later as may be agreed by the Planning Authority, the applicant shall submit a
Restoration and Aftercare Plan including a method statement for the decommissioning of the
wind turbine and the restoration of the application site for the approval of the Planning
Authority. Decommissioning in accordance with the approved method statement shall be
completed within 24 months of the end of the period of this planning permission or any
alternative timescale agreed with the Planning Authority in writing and shall include the
dismantling and removal from the site of all turbines, buildings and ancillary development. 
Reason: To ensure control of the restoration of the site. 
04. At least one month prior to the commencement of the development, 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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05. Prior to delivery of turbines details of the confirmed turbine colour, height and manufacture,
including illustrations as well as details of size, shall be submitted to, and approved in writing
by, the Planning Authority. Only the approved type shall be installed. 
Reason: In order to retain effective planning control 
06. 1.0 Operational Noise from Wind Farm ETSU-R-97   
In keeping with the data submitted within the noise assessment undertaken by TNEI
Services Ltd for Banks in relation to Mill Rig Wind Farm (as submitted in support of the
application under the Environmental Impact Assessment Regulations) , the following noise
immissions shall be adhered to-   
1.1 Cumulative Day Time   
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 contained within the noise assessment undertaken by
TNEI Services Ltd for Banks in relation to Mill Rig Wind Farm (Table 8.9: Total ETSU-R-97
Compliance Table - Daytime).   
1.2 Cumulative Night Time   
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 contained within the noise assessment undertaken by
TNEI Services Ltd for Banks in relation to Mill Rig Wind Farm (Table 8.10: Total ETSU-R-97
Compliance Table - Night time).   
1.3 IOA Good Practice Guide Example Condition.   
Should the permitted ETSU-R-97 conditions above be apportioned within the format of the
IOA Good Practice Guide Example Condition- the proposed noise limits as detailed within
the TNEI Services Ltd for Banks in relation to Mill Rig Wind Farm (Table 8.12: Site Specific
Noise Compliance Table - Daytime  and Table 8.13: Site Specific Noise Compliance Table -
Night time) shall be applied. Cognisance shall be given to conditions 1.1 and 1,2 and the  
cumulative projections based therein.   
2.0 Tonal Contribution   
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 1.0 above shall be
reduced by the penalty level identified within section 28 of 'The Assessment and Rating of
Noise from Wind Farms- ETSU-R-97. 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.   
3.0 Investigation of Complaints 
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
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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.   
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 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 residential amenity. 
07. That 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'. This is
based on the detail provided within the TNEI Services Ltd for Banks in relation to Mill Rig
Wind Farm.  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. Where appropriate and subject to prior agreement with the Planning Authority at times
during which Borrow Pits are operational, then the noise levels shall be restricted to 55dB
LAeq (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. Where appropriate and subject to prior agreement with the Planning Authority a blasting
method statement shall be submitted in writing and approved 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.   
Reason: To minimise disturbance to residents in the vicinity of the wind farm. 
10. At the reasonable request of the Planning Authority and following a complaint to it relating to
shadow flicker 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. Thereafter an assessment to determine the presence of shadow
flicker resultant from the wind farm at the property to which the complaint related shall be
carried out. Where shadow flicker is confirmed a scheme of mitigation shall be implemented
and thereafter adhered to.   
Reason: In the interests of residential amenity 
11. That before the development, hereby approved, is energised, the developer shall submit a
detailed Access Management Plan (AMP) for the written approval of the Planning Authority,
and thereafter adhere to and implement the AMP within the timescales set out.  The AMP
shall be produced in consultation with the Council's Countryside & Greenspace Services and
a programme of community consultation shall be undertaken on a draft AMP.  Proposals
shall incorporate and identify the Council's Core Path and Wider Network and provide
signage where the network identifies links.  No works shall commence on site until such
times as the AMP has been approved in writing by the Planning Authority.   
Reason: In the interests of amenity and in order to retain effective planning control. 
12. That no development shall take place within the development site as outlined in red on the
approved plan until the developer has secured the implementation of a programme of
archaeological works in accordance with a written scheme of investigation which has been
submitted by the applicant, agreed by the West of Scotland Archaeology Service, and
approved by the Planning Authority. Thereafter the developer shall ensure that the
programme of archaeological works is fully implemented and that all recording and recovery
of archaeological resources within the development site is undertaken to the satisfaction of
the Planning Authority in agreement with the West of Scotland Archaeology Service.   
Reason: In the interest of cultural heritage. 
13. That before any work starts on site the developer shall submit a detailed Traffic Management
Plan (TMP) for the written approval of South Lanarkshire Council as Planning Authority, and
thereafter adhere to and implement the TMP within the timescales set out. The TMP shall be
produced in consultation with South Lanarkshire Council's Roads &Transportation Services,
Police Scotland and include a programme indicating phasing of construction of the project.
No works shall commence on site until such times as the TMP has been approved in writing
by the Council as Roads Authority.   
FOR THE AVOIDANCE OF DOUBT, the developer shall notify South Lanarkshire Council in
writing, as soon as reasonably practical, of any changes in construction, maintenance 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 within the
timescale set out.   
Reason: In the interests of road safety 
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14. The developer shall undertake all work associated with the approved planning consent and
any subsequent amendments in accordance with the approved TMP as specified and
approved as per condition 13. All specialist wind turbine components shall be delivered to
site in accordance with the approved TMP and Abnormal Load Route Assessment. The
developer shall notify the Planning Authority in writing should they propose to remove any
excess material from site. Any such notification shall include details of proposed traffic routes
and phasing of such operations all for the approval of South Lanarkshire Council as Planning
and Roads Authority.   
Reason: In the interests of road safety. 
15. That before any work starts on site, or unless otherwise agreed in writing with South
Lanarkshire Council, the applicant shall submit details of the proposed road alteration works
identified through the Abnormal Load Route Assessment and once approved in writing by
the Council shall be implemented on site in accordance with the approved drawings and
specification and to the satisfaction of the Council as Planning and Roads Authority.   
Reason: In the interest of road safety 
16. That before any work starts on site, or unless otherwise agreed in writing with South
Lanarkshire Council, the applicant shall submit a Stage 2 Road Safety Audit for all
infrastructure to be constructed and adopted, or altered, on the public road associated with
the findings of the Abnormal Load Route Assessment. The Road Safety Audit shall be
undertaken in accordance with the Institute of Highways and Transportation Guidelines and
shall be submitted to and approved by the Council as Planning and Roads Authority.   
Reason: In the interest of road safety 
17. Prior to commencing construction of any wind turbine generators, or deploying any
construction equipment or temporal structure(s) 15.2 metres or more in height (above ground
level) the undertaker must submit an aviation lighting scheme for the approval of South
Lanarkshire Council in conjunction with the Civil Aviation Authority and the Ministry of
Defence defining how the development will be lit throughout its life to maintain civil and
military aviation safety requirements as required under the Air Navigation Order 2016
determined necessary for aviation safety by the Civil Aviation Authority. 
This should set out: 
a) details of any construction equipment and temporal structures with a total height of 15.2
metres or greater (above ground level) that will be deployed during the construction of wind
turbine generators and details of any aviation warning lighting that they will be fitted with;
and 
b) the locations and heights of all wind turbine generators and any anemometry mast
featured in the development identifying those that will be fitted with aviation warning lighting
identifying the position of the lights on the wind turbine generators; the type(s) of lights that
will be fitted and the performance specification(s) of the lighting type(s) to be used.   
Thereafter, the undertaker must exhibit such lights as detailed in the approved aviation
lighting scheme. The lighting installed will remain operational for the lifetime of the
development.   
Reason: To maintain aviation safety. 
18. The undertaker must notify the Ministry of Defence, at least 14 days prior to the
commencement of the works, in writing of the following information: 
a) the date of the commencement of the erection of wind turbine generators; 
b) the maximum height of any construction equipment to be used in the erection of the wind
turbines; 
c) the date any wind turbine generators are brought into use; 
d) the latitude and longitude and maximum heights of each wind turbine generator, and any
anemometer mast(s).  
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The Ministry of Defence must be notified of any changes to the information supplied in
accordance with these requirements and of the completion of the construction of the
development.   
Reason: To maintain aviation safety. 
19. That no shall start on site until the terms of appointment of an independent and suitably
qualified environmental consultant as Planning Monitoring Officer ("PMO") have been
submitted to, and approved in writing by, the Planning Authority. 
FOR THE AVOIDANCE OF DOUBT, the terms of appointment shall: 
(a) impose a duty to monitor compliance with the terms of the deemed planning 
permission and the conditions attached to it; 
(b) require to set out the frequency of PMO visits to site; 
(c) require the PMO to submit a monthly report to the Planning Authority 
summarising works undertaken on site; and 
(d) require the PMO to report to the Planning Authority any incidences of non-compliance
with the terms of the deemed planning permission and conditions attached to it at the
earliest practical opportunity. 
Thereafter, the PMO shall be appointed on the approved terms throughout the period from
Commencement of Development to completion of post construction restoration works. 
Reason: To enable the development to be suitably monitored to ensure compliance with the
planning permission and the conditions attached to it. 
20. No development shall commence unless and until the terms of appointment of an
independent Environmental Clerk of Works ("ECoW") by the Company have been submitted
to and approved in writing by the Planning Authority in consultation. The terms of
appointment shall: 
(a) impose a duty to monitor compliance with the ecological and hydrological commitments
and mitigations measures provided in the Preliminary Ecological Appraisal, Hydrology and
Contamination Report and other information lodged in support of the application as well as
the required the Construction and Environmental Management Plan as approved; 
(b) require the ECoW to report to the nominated construction project manager any
incidences of non-compliance with the ECoW works at the earliest practical opportunity; 
(c) require the ECoW to submit a monthly report to the Planning Authority summarising
works undertaken on site; 
(d) require the ECoW to report to the Planning Authority any incidences of non-compliance
with the ECoW works at the earliest practical opportunity; 
(e) Advising the Company on adequate protection of nature conservation interests on the
site; and 
(f) Directing the micro-siting and placement of the turbines and infrastructure. 
The ECoW shall be appointed on the approved terms throughout the period from
Commencement of Development to completion of post construction restoration works 
Reason: To secure effective monitoring of and compliance with the environmental mitigation
and management measures associated with the Development during the construction and
restoration phase. 
21. No later than eighteen months prior to decommissioning of the Development or the expiry of
this planning permission (whichever is the earlier), details of the terms of appointment of an
ECoW by the Company throughout the decommissioning, restoration and aftercare phases
of the Development shall be submitted for the written approval of the Planning Authority. 
The ECoW shall be appointed on the approved terms throughout the decommissioning,
restoration and aftercare phases of the Development. 
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Reason: To secure effective monitoring of and compliance with the environmental mitigation
and management measures associated with the Development during the decommissioning,
restoration and aftercare phases. 
22. No wind turbines shall be erected unless and until a scheme for aviation lighting for the
Development has been submitted to, and approved by, the Planning Authority.  The scheme
shall include details of any aviation lighting required by Civil Aviation Authority and Ministry
of Defence which is to be applied. 
No lighting other than that described in the scheme shall be applied, other than that required
for health and safety purposes, unless otherwise agreed in writing by the Planning Authority.   
The required aviation lighting shall thereafter be maintained as approved for the lifetime of
the Development.   
The Development shall be operated in accordance with the approved scheme.   
Reason: In the interests of aviation safety and visual amenity. 
23. That before any work starts on site, a Breeding Bird Protection Plan (BBPP) shall be
submitted for the written approval of the Council, as Planning Authority in consultation with
NatureScot. Once approved, the BBPP shall be implemented fully as approved and
maintaiend as such for the lifetime of the construction period of the development, hereby
approved.   
Reason: In the interests of the Habitats Regulations. 
24. That before any work starts on site, a bat mitigation plan shall be submitted for the written
approval of the Council, as Planning Authority. FOR THE AVOIDANCE OF DOUBT, the bat
mitigation plan shall include, but not be limited to, the mitigation set out within Annex 2 Bats
of the NatureScot consultation response dated 8 October 2021. Once approved, the bat
mitigation plan shall be implemented fully as approved and maintaiend as such for the
lifetime of the development, hereby approved.   
Reason: In the interests of protected species. 
25. That before any work starts on site but no early than 3 months from the commencement of
development,, protected species shall be carried out on site. If any evidence of protected
species are found, no works shall commence until Species Protection Plans have been
submitted for the written approval o fthe Council, as Planning Authority. Once approved, the
Species Protection Plans shall be implemented fully and maintained as such for the lifetime
of the construction of the development, hereby approved.   
Reason: In the interests of protected species. 
26. Each turbine, buildings, compounds, areas of hardstanding, tracks and watercourse
crossings shall be erected in the position indicated upon Planning Application Drawing PA04
Site Layout (Operational) within the Environmental Impact Assessment Report approved by
condition 1, above.  A variation of the indicated position of any turbine or other development
infrastructure detailed on the approved drawing shall be notified on the following basis: 
(a) if the micro-sited position is less than 50 metres it shall only be permitted following the
approval of the Ecological Clerk of Works (ECoW) in consultation with West of Scotland
Archaeology Service 
(b) if the micro-sited position is of between 50 metres and 100 metres it shall only be
permitted following written approval of the Planning Authority in consultation with SEPA and
West of Scotland Archaeology Service. Unless otherwise agreed in writing by the Council, as
Planning Authority the said provisions relating to micro-sited position shall not have the
effect such that any micro-sited position will:- 
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- bring a turbine outwith the planning application boundary 
- take place within areas of peat of greater depth than the original location.   
Reason: to control environmental impacts while taking account of local ground conditions. 
27. That no work shall start on site unless and until a Habitat Management Plan (HMP) has been
submitted to and approved in writing by the Planning Authority in consultation with
NatureScot. 
The HMP shall set out proposed habitat management of the site during the period of
construction, operation, decommissioning, restoration and aftercare, and shall provide for
the maintenance, monitoring and reporting of habitat improvements and creation of new
habitats to aid biodiversity on site. 
The HMP shall include measures which would reduce the potential future attractiveness of
the site to the SPA qualifying species. 
The HMP shall include provision for regular monitoring and review to be undertaken to
consider whether amendments are needed to better meet the habitat plan objectives. In
particular, the approved HMP shall be updated to reflect ground condition surveys
undertaken following construction and prior to the date of Final Commissioning and
submitted for the written approval of the Planning Authority in consultation with NatureScot. 
The HMP shall set out details of the implementation of a Habitat Management Group. 
Unless and until otherwise agreed in advance in writing with the Planning Authority, the
approved HMP (as amended from time to time) shall be implemented in full and within the
timescales set out in the approved HMP. 
Reason: In the interests of good land management and the protection of habitats and reduce
the attractiveness of the site to SPA qualifying species. 
28. A Habitat Management Group (HMG) shall be established to oversee the preparation and
delivery of the HMP as required by condition 27 and to review and assess the results from
ongoing monitoring. The HMG shall include a representative of South Lanarkshire Council
and NatureScot and shall have powers to propose reasonable changes to the HMP
necessary to deliver its agreed aims, and notwithstanding the above,  
(a) Site clearance activities and where possible, construction, will take place outwith the bird
breeding season (March to July inclusive). If site clearance activities commence during this
period ECoW supervision is required. 
(b) The HMP will operate for the full lifespan of the wind farm, including decommissioning 
(c) The agreed proposals identified in the HMP will be fully implemented 
(d) Surveillance and monitoring results of species and habitat will be carried out in
accordance with the approved plan and be submitted to the HMG in accordance with the
timescales set out. 
Reason: To safeguard environmental impacts, ecology, species and habitats and maintain
effective planning control 
29. That no work shall start on site until a detailed Peat Management Plan (PMP), addressing all
areas to be disturbed by construction, has been submitted to and approved in writing by the
Planning Authority in consultation with NatureScot and SEPA. The PMP shall be submitted a
minimum of 2 months prior to works commencing on site and shall incorporate "good
practice" methods from NatureScot and the Scottish UK wind farm industry. The PMP shall
include: 
(a) Detail on how the mitigation proposed in the application documents will be incorporated
into the construction activities and incorporate relevant best practice on handling and
storage of peat and construction methods designed to minimise impacts on peatland
habitats. 
(b) Further peat probing information in areas of infrastructure that has not previously been
probed; 
(c) Details of layout and management measures taken to reduce the volume of peat
disturbance (including final expected volumes, depth and location of any peat disturbed); 
(d) Updated disturbance and re-use calculations within the site (breaking the peat down into
acrotelmic and catotelmic), including a plan showing volumes, location and usage; Details of
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any disposal of peat proposed, including volumes, detailed disposal proposals and details of
how peat usage has been limited to undisturbed ground; and; 
(e) Details of storage and handling of excavated peat, including a plan showing proposed
storage areas; 
All works on site must be undertaken in accordance with the approved Peat Management
Plan unless otherwise agreed in advance in writing by the Planning Authority in consultation
with NatureScot and SEPA.   
Reason: In the interests of ensuring the conservation of peat resources 
30. That no work shall start on site until a Construction Environmental Management Plan
(CEMP) has been submitted to and approved by the Planning Authority in consultation with
SEPA and NatureScot. 
The CEMP shall be submitted a minimum of 2 months prior to works commencing on site
and shall incorporate "good practice" methods from the Scottish UK wind farm industry to
ensure that environmental impacts are reduced and incorporate all the mitigation measures
identified in the EIA Report including Appendices titled "Mill Rig Wind Farm". Thereafter, all
the measures described in the approved CEMP shall be implemented within the timescales
set out. The CEMP shall include the following: 
(a) A plan of the construction operations at an appropriate scale; 
(b) A plan to an appropriate scale showing the location of any contractor's site compound
and laydown areas required temporarily in connection with the construction of the
development. 
(c) Method of defining track route and location (track corridors should be pegged out 500 -
1000m in advance of operations); 
(d) Track design approach 
(e) Maps of tracks indicating double and single tracks and position of passing places. 
(f) The full extent of anticipated track 'footprint(s)' including extent of supporting 'geogrid'
below roadstone and cabling at the edges of the track 
(g) Track construction: Floating track construction over peat >1m deep and gradients of 1:10
or less. Track construction for peat 1:10, cross slopes or other ground unsuitable for floating
roads. 
(h) Procedures to be followed when, during track construction, it becomes apparent that the
chosen route is more unstable or sensitive than was previously concluded, including ceasing
work until a solution is identified, informed with reference to advice from ECoW. 
(i) Details of peat/soil stripping, storage and re-use. All soils stored on site shall be in
accordance with BS3882 and Nature Scot and SEPA guidance. 
(j) A management plan for minimising the emission of dust from the construction and
operation of the development. 
(k) Specifying the means by which material to be used for the development is brought on site
unless it has certification from a suitably UKAS accredited laboratory to confirm that the
material is not contaminated. 
(l) Compliance with South Lanarkshire Council's Sustainable Drainage Systems (SuDs)
design criteria guidance and inclusive sign off by the relevant parties carrying out the
elements of work associated with the design criteria appendices 1 to 4. 
(m)A coloured plan showing the sustainable drainage apparatus serving the application site
together with the contact name and emergency telephone number of the party responsible
for its future maintenance. Details of the future maintenance regime in accordance with the
latest Construction Design and Management (CDM) Regulations is to be provided on this
drawing. 
(n) A description of and measures to mitigate impact on surface water courses, hydrology,
and private water supplies. 
(o) Watercourse crossings should be kept to a minimum to ensure they do not adversely
impact on natural flow pathways. These crossings shall be appropriately sized and overland
flow routes shall be provided in the event of culvert blockage.  
(p) Measures to be taken to ensure that the work does not cause mud, silt, or concrete to be
washed away either during the construction stage or as a result of subsequent erosion.
Where possible construction works shall avoid road construction during periods of high
rainfall. 
(q) Timing and extent of any necessary re-instatement. 
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(r) Best practice mitigation for pollution prevention and Forest and Water Guidelines
published by the Forestry Commission.  
(s) Ground Water and Surface Water Monitoring Plan shall be submitted to and approved by
the Planning Authority in consultation with SEPA. All works require to be carried out by
competent qualified professional. The methodology of such monitoring including locations
frequency, gathering of information of baseline levels, etc shall be submitted to the planning
authority for approval prior to the commencement of works on site. Thereafter, the plan shall
be implemented within the timescales set out to the satisfaction of the Planning Authority
and the results of such monitoring shall be submitted to the planning authority on a 6
monthly basis, or on request. 
(t) A monitoring plan shall be submitted to the planning authority setting out the steps that
shall be taken to monitor the environmental effects of the development, including the effects
on noise and dust, during the construction phase and the operational phase. The
methodology of such monitoring including locations frequency, gathering of information on
background levels, etc shall be submitted to the planning authority for approval prior to the
commencement of works on site. Thereafter, the plan shall be implemented to the
satisfaction of the Planning Authority and the results of such monitoring shall be submitted to
the planning authority on a 6 monthly basis, or on request. (v) a site waste management
plan. 
(u) a surface water management plan outlining how surface water will be managed and
treated. Sediment laden run off from tracks and vehicle movements shall be included as a
potential source of pollution within the plan and treated as such. 
(v) detail all construction methods and mitigation designed to minimise impacts on peatland
habitats. 
The development shall be implemented thereafter in accordance with the approved CEMP
unless otherwise approved in advance in writing by the Planning Authority in consultation
with NatureScot and SEPA. 
Reason: To ensure that all works are carried out in a manner that minimises their impact on
road safety, amenity and the environment, and that the mitigation measures contained in the
EIA Report accompanying the application, or as otherwise agreed. 
31. Only mechanical means of snow clearance shall be used to clear access tracks, 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. 
32. 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: To ensure that any redundant wind turbine is removed from site, interests of safety,
amenity and environmental protection. 
33. No part of any turbine shall be erected above ground until a Primary Radar Mitigation
Scheme agreed with the Operator has been submitted to and approved in writing by the
South Lanarkshire Council in order to avoid the impact of the development on the Primary
Radar of the Operator located at Lowther Hill, Cumbernauld and Glasgow and associated air
traffic management operations.   
Reason: In the interests of aviation safety.  
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34. No blades shall be fitted to any turbine until the approved Primary Radar Mitigation Scheme
has been implemented and the Development shall thereafter be operated fully in accordance
with such approved Scheme.   
Reason: In the interests of aviation safety.   
"Operator" in respect of conditions 33 and 34 of this consent, 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" in respect of conditions 33 and 34 of this
consent, means a detailed scheme agreed with the Operator which sets out the measures to
be taken to avoid at all times the impact of the development on the Lowther Hill,
Cumbernauld and Glasgow primary radars and air traffic management operations of the
Operator. 
35. That, prior to the commencement of development, a Primary Radar Mitigation Scheme
setting out measures to be taken to prevent the impairment of the performance of aerodrome
navigation aids and the efficiency of air traffic control services at Glasgow Airport must be
submitted to, and approved in writing by, the Planning Authority, in consultation with
Glasgow Airport Limited. 
Reason: In the interests of aviation safety. 
36. No wind turbine forming part of the Development shall be erected other than in accordance
with the approved Primary Radar Mitigation Scheme. 
Reason: In the interests of aviation safety. 
37. The development must be constructed, commissioned and operated at all times fully in
accordance with the approved Primary Radar Mitigation Scheme. 
Reason: In the interests of aviation safety. 
38. No blade shall be fitted to any turbine or turbines forming part of the development and no
such turbine shall operate, save as provided for and in accordance with the Testing Protocol,
unless and until such time as the Planning Authority receive confirmation from the Airport
Operator that: (a) all measures required by the Radar Mitigation Scheme prior to operation of
any turbine have been implemented; and (b) the Civil Aviation Authority has evidenced its
approval to the Airport Operator that the Radar Mitigation Scheme is acceptable mitigation
for the development and has been satisfactorily implemented by the Airport Operator.   
Reason: In the interests of aviation safety. 
39. No turbine shall operate other than in accordance with the terms of the Radar Mitigation
Scheme.   
Reason: In the interests of aviation safety.   
"Airport Operator" in respect of conditions 38 and 39 means Glasgow Prestwick Airport
Limited or any successor as holder of a licence under the Air Navigation Order 2000 from the
Civil Aviation Authority to operate Glasgow Prestwick Airport.   
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"Radar Mitigation Scheme" in respect of conditions 38 and 39 means such services and
resources including equipment, software, procedural or technological measures and
technical and professional services, as the Airport  Operator identifies as necessary and
sufficient to prevent the operation of the development or of any turbines forming part of the
development impacting adversely on radar performance or on the performance of other
navigational aids at Glasgow Prestwick Airport or on maintaining safe and efficient air traffic
control services or procedures or airspace and which the Airport Operator is willing and able
to implement and maintain for the lifetime of the development or for such shorter period as
may be agreed in consultation with the Airport Operator as necessary to mitigate any 
such adverse impact.   
"Testing Protocol" in respect of conditions 38 and 39 means the protocol to control the
operation of any turbine or turbines forming part of the development for the purposes of
testing of the Radar Mitigation Scheme. 
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Report
Agenda Item 
Report to: Planning Committee
Date of Meeting: 13 September 2022
Report by: Executive Director (Community and Enterprise
Resources)  
Application no.
Planning proposal:
P/22/0349
Extension to time period of planning permission P/19/0076 for a
further 3 years 
1 Summary application information
Amended
•Application type:  Further application
•
Applicant:  Persimmon Homes 
•Location:  Larkhall Community Growth Area
Summerlee Road
Larkhall
South Lanarkshire
[1purpose]
2 Recommendation(s)
2.1 The Committee is asked to approve the following recommendation(s):-
[recs]
(1) Grant detailed planning permission (subject to conditions) based on conditions
attached.
[1recs]
2.2 Other actions/notes 
(1) The Planning Committee has delegated powers to determine this application. 
3 Other information
♦ Applicant’s Agent: N/A
♦ Council Area/Ward: 20 Larkhall
♦ Policy Reference(s): South Lanarkshire Local Development Plan 2
(adopted 2021)
Policy 1 - Spatial Strategy
Policy 2 – Climate Change
Policy 5 - Development Management and Place
Making 
Policy 7 - Community Infrastructure Assessment
Policy 11 - Housing
Policy 13 - Green Network and Greenspace
Policy 15 - Travel and Transport 
Policy 16 - Water Environment and Flooding
Policy DM1 - New Development Design
Policy SDCC2 - Flood Risk
Policy SDCC3 - Sustainable Drainage Systems 
9
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Policy SDCC4 - Sustainable Transport
Policy DM15 - Water Supply
Policy NHE18 - Walking, Cycling and Riding
Routes
Policy NHE20 - Biodiversity 
♦   Representation(s): 
► 1  Objection Letter
► 0  Support Letters
► 0  Comment Letters 
♦   Consultation(s): 
None 
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Planning Application Report
1 Application Site
1.1 The application relates to an area of land located to the north-eastern edge of Larkhall. 
The site forms the eastern portion of Larkhall Community Growth Area (CGA) and
extends to approximately 46.66 hectares.  The site is bounded by roads for much of
its extent.  The M74 and A72 corridors lie to the north and east of the site and Merryton
Road bounds the site to the north-west.  Duke Street crosses the site in a north-south
direction, linking the centre of Larkhall to the A72/M74 Junction 7.  A large area of the
site has been developed with the construction of 198 dwellings within Phase 1 of the
CGA (HM/16/0198) and the construction of 83 of the 273 approved dwellings within
Phase 2 of the CGA (P/19/0362). 
2 Proposal(s)
2.1 In terms of background information, planning permission in principle was granted for
residential development with associated landscaping, roads, neighbourhood centre,
community facilities and infrastructure works (with Environmental Impact Assessment)
at the Larkhall Community Growth Area (CGA) on 27 May 2014 (HM/13/0352).  A
Section 42 application to vary condition 1 of planning consent HM/13/0352 to extend
the time period for the submission of further application(s) for the approval of matters
specified in conditions was approved on 23 April 2019 (P/19/0076).  By varying the
condition, the permission in principle was renewed for a further three years and was
due to expire on 23 April 2022.  The current planning application was registered by the
Council on 9 March 2022.  As discussed above, Phase 1 of the CGA is complete and
Phase 2 of the development is partly constructed. 
2.2 The requirements of Condition 1 of P/19/0076 reads as follows:- 
That along with approval of matters specified in conditions applications the matters
specified in this condition must be submitted to and approved by the Council as
Planning Authority, in accordance with the timescales and other limitations in section
59 of the Town and Country Planning (Scotland) Act 1997 (as amended).  These
matters are as follows:- 
(a) the layout of the site, including all roads, footways, parking areas and open
spaces
(b) the siting, design and external appearance of all building(s) and any other
structures, including plans and elevations showing their dimensions and type and
colour of external materials
(c) detailed cross-sections of existing and proposed ground levels, details of
underbuilding and finished floor levels in relation to a fixed datum, preferably
ordnance datum
(d) the design and location of all boundary treatments including walls and fences
(e) the landscaping proposals for the site, including details of existing trees and other
planting to be retained together with proposals for new planting specifying
number, size and species of all trees and shrubs, including, where appropriate,
the planting of fruit/apple trees
(f) the means of drainage and sewage disposal
(g) details of the phasing of development (covering all relevant aspects of
development detailed in (a) above)
(h) updated biodiversity surveys 
2.3 At the time of the submission of the current application the applicant sought to vary
the wording of Condition 1 of the above permission to extend the time period for the
submission of the further application(s) for the approval of matters specified in
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conditions for a further 5 years due to the size of the site and the different landowners
involved.  However, following discussions with the Planning Service the applicant has
since advised that they would be satisfied if the application could be granted with the
standard three year time period incorporated into the decision notice via the standard
informative for the submission of the matters specified. 
3 Background
3.1 Local Plan Background
3.1.1 The application site is identified as forming part of the Larkhall Community Growth
Area within the adopted South Lanarkshire Local Development Plan 2.  The site is
also identified as a Proposed Housing Site and is covered by the Green Network.  The
relevant policies in terms of the assessment of this application are Policy 1 - Spatial
Strategy, Policy 2 – Climate Change, Policy 5 - Development Management and Place
Making, Policy 7 - Community Infrastructure Assessment, Policy 11 – Housing, Policy
13 - Green Network and Greenspace, Policy 15 - Travel and Transport, Policy 16 -
Water Environment and Flooding, Policy DM1 - New Development Design, Policy
SDCC2 - Flood Risk, Policy SDCC3 - Sustainable Drainage Systems, Policy SDCC4
- Sustainable Transport, Policy DM15 - Water Supply, Policy NHE18 - Walking, cycling
and riding routes and Policy NHE20 - Biodiversity. 
3.2 Relevant Government Advice/Policy
3.2.1 In terms of residential development, Scottish Planning Policy (SPP) requires Councils
to maintain a five year supply of effective housing land. Planning Authorities are also
required to promote the efficient use of land by directing development towards sites
within existing settlements, where possible, in order to make effective use of existing
infrastructure and service capacity. 
3.2.2 Designing Streets – A Policy Statement for Scotland was introduced in March 2010
and marks the Scottish Government’s commitment to move away from a standardised
engineering approach to streets and to raise the quality of design in urban and rural
development.  Development layouts should be designed to encourage a safe
environment for pedestrians and cyclists with narrower streets, carefully positioned
dwellings, landscaping and off-street parking which can be more effective at achieving
slower traffic movements.  Permeability which encourages walking is now seen as a
high priority and footpath links are encouraged to ensure that houses can be easily
accessed from main public transport routes. 
3.3 Planning Background
3.3.1 As discussed above, planning permission in principle was granted for residential
development with associated landscaping, roads, neighbourhood centre, community
facilities and infrastructure works (with Environmental Impact Assessment) at the
Larkhall Community Growth Area (CGA) on 27 May 2014 (HM/13/0352).  A Section
42 application to vary condition 1 of planning consent HM/13/0352 to extend the time
period for the submission of further application(s) for the approval of matters specified
in conditions was approved on 23 April 2019 (P/19/0076). 
4 Consultation(s)
4.1 No consultations required to be undertaken in relation to this application. 
5 Representation(s)
5.1 Statutory neighbour notification procedures were undertaken and the application was
advertised in the Hamilton Advertiser under the headings Non-notification of
neighbours and as a Bad neighbour proposal.  One letter of representation has been
received.  The matters raised in the representation are summarised as follows:-  
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(a) I firmly object to building homes on this piece of land.  There are newts,
frogs and bats which are all protected, this should be a nature reserve.
Response: The application has been submitted purely to extend the time
period for the submission of further application(s) for the approval of matters
specified in conditions.  The future development of the site needs to accord with
the requirements set out in the Larkhall Community Growth Area -
Environmental Statement and also requires the submission of updated
biodiversity surveys to identify existing habitats and species, mitigation and
enhancement proposals.  Appropriately worded conditions are attached to the
consent to address these matters. 
5.2 This letter is available for inspection on the planning portal. 
6 Assessment and Conclusions
6.1 As discussed, the application site is identified as forming part of the Larkhall
Community Growth Area within the adopted South Lanarkshire Local Development
Plan 2.  The site is also identified as a Proposed Housing Site and is covered by the
Green Network.  The relevant policies in terms of the assessment of this application
are Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 5 - Development
Management and Place Making, Policy 7 - Community Infrastructure Assessment,
Policy 11 – Housing, Policy 13 - Green Network and Greenspace, Policy 15 - Travel
and Transport, Policy 16 - Water Environment and Flooding, Policy DM1 - New
Development Design, Policy SDCC2 - Flood Risk, Policy SDCC3 - Sustainable
Drainage Systems, Policy SDCC4 - Sustainable Transport, Policy DM15 - Water
Supply, Policy NHE18 - Walking, cycling and riding routes and Policy NHE20 -
Biodiversity. 
6.2 In determining this application, consideration must be given as to whether the proposal
raises any new issues which would merit the refusal of the application.  In terms of
local plan policy, whilst it is noted that the previous applications were assessed against
the policies and guidance of the South Lanarkshire Local Plan and the South
Lanarkshire Local Development Plan there have been no material changes to the aims
and objectives of the relevant policies contained within the adopted South Lanarkshire
Local Development Plan 2 or the nature of the application following the issue of
planning permission HM/13/0352.  On this basis, it is considered that the proposal
remains acceptable in terms of adopted local plan policies. 
6.3 Section 58 of Town and Country Planning (Scotland) Act 1997 states that the planning
authority may, in granting planning permission, direct that a longer or shorter period
than 3 years may apply.  However, the five year time period initially requested for the
submission of the matters specified in conditions is not considered to be necessary in
this instance.  Instead, and with the agreement of the applicant, it is considered that a
three year period is a sufficient timescale for the submission of the matters specified
and that it would be appropriate to approve the application with the standard
informative attached to the consent advising that an application(s) for the approval of
matters specified in conditions must be made to the Council before whichever is the
latest of the following:- 
(a) the expiry of 3 years from the date on this decision notice
(b) the expiry of 6 months from date when an earlier application for approval was
refused or
(c) expiry of 6 months from date on which an appeal against the refusal was
dismissed  
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6.4 Given the nature of the application no consultations were undertaken in respect of the
proposal and in relation to the one representation that was submitted appropriately
worded conditions are attached to the consent to address the matters raised.   
6.5 In summary, it is considered that the proposal complies with local development plan
policy and raises no amenity issues or concerns.  In view of the above, there is nothing
from a planning perspective that would indicate that a different decision to that
previously made should now be reached subject to the permission being restricted to
the standard three year time period for the submission of further application(s) for
approval of matters specified in conditions.  The application is considered to be
acceptable and it is recommended that planning permission be granted based on the
conditions listed. 
7 Reasons for Decision
7.1 The proposal raises no amenity, environmental or infrastructure issues and complies
with Policies 1, 2, 5, 7, 11, 13, 15, 16, DM1, SDCC2, SDCC3, SDCC4, DM15, NHE18
and NHE20 of the adopted South Lanarkshire Local Development Plan 2. 
David Booth
Executive Director (Community and Enterprise Resources) 
Date: 5 September 2022 
Previous References
 Planning Committee - 19 November 2019 (P/19/0362)
 P/19/0076
 Planning Committee - 23 August 2016 HM/16/0198
 Planning Committee - 27 May 2014 (HM/13/0352) 
List of Background Papers
► Application form
► Application plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 23 March 2022
► Press advertisement, Hamilton Advertiser dated 31.03.2022 
► Consultations 
None 
► Representations           Dated:  
Isabell Gilmour, Received via Email  06.04.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please
contact:- 
Jim Blake, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 453657   
Email: jim.blake@southlanarkshire.gov.uk  
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Detailed planning application 
Paper apart – Application number: P/22/0349 
Conditions and reasons 
01. That no consent is hereby granted for any of details shown on the plan: Masterplan
Framework (dated 06 August 2013). 
Reason: Permission is granted in principle only and no approval is given for these
details. 
02 That the future development of the site hereby approved in principle shall accord with
the matters set out within the Larkhall Community Growth Area - Environmental
Statement (Volumes 1 - 4) (August 2013), the terms of which are hereby approved
and which accordingly, forms part of the planning permission in principle. 
Reason: In order to retain effective planning control. 
03. That the further application(s) required shall include an updated Noise Assessment
(NA) to determine the impact of road traffic noise on the proposed development using
the principles set out in "Calculation of Road Traffic Noise" (DoT/Welsh Office, HMSO,
1988) or by a method to be agreed by the Planning Authority. The survey shall take
cognisance of the Scottish Government Document: Technical Advice Note
Assessment of Noise. 
The survey shall be submitted to and approved by the Council as Planning Authority
and where potential noise disturbance is identified, it shall include a scheme for
protecting the proposed dwellings from road traffic noise.  The scheme shall ensure
that the internal levels with windows closed do not exceed 40 dB daytime (07:00 -
23:00) and 35 dB night-time (23:00 - 07:00) and the external levels do not exceed 55
dB daytime in any garden areas, when measured as LAeq,T. 
Reason: To minimise noise disturbance. 
04. That the further application(s) required shall include: 
(a) a comprehensive site investigation, carried out to the appropriate Phase level for
the consideration and detailed approval of the Council as Planning Authority. The
investigation shall be completed in accordance with advice given in the following: 
-  Planning Advice Note 33 (2000) and Part IIA of the Environmental
Protection Act 1990 (as inserted  by section 57 of the Environment Act
1995);
- Contaminated Land Report 11 - 'Model Procedures for the Management of
Land Contamination (CLR 11)'- issued by DEFRA and the Environment
Agency;
- BS 10175:2011 - British Standards Institution 'The Investigation of
Potentially Contaminated Sites - Code of Practice'. 
(b) If the Phase 1 investigation indicates any potential pollution linkages, a
Conceptual Site Model must be formulated and these linkages must be subjected
to risk assessment. If a Phase 2 investigation is required, then a risk assessment
of all relevant pollution linkages using site specific assessment criteria will require
to be submitted. 
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(c) If the risk assessment identifies any unacceptable risks, a detailed remediation
strategy will be submitted to and approved in writing by the Council as Planning
Authority. No works other than investigative works shall be carried out on site
prior to receipt of the Council's written approval of the remediation plan. 
Reason: To avoid unacceptable risks to human health and the environment, to ensure
that the land is remediated and made suitable for its proposed use. 
05. That the further application(s) required above shall include a remediation plan for the
relevant site and/or phase. 
(a) Remediation of the site shall be carried out in accordance with the approved
remediation plan prior to the proposed development being brought into use.  Any
amendments to the approved remediation plan shall not be implemented unless
approved in writing by the Council as Planning Authority. 
(b) On completion of the remediation works, the developer shall submit a completion
report to the Council as Planning Authority, confirming that the works have been
carried out in accordance with the approved remediation plan and that the works
have successfully reduced these risks to acceptable levels. 
(c) Any previously unsuspected contamination which becomes evident during the
development of the site shall be brought to the attention of the Council as
Planning Authority within one week or earlier of it being identified.  A more
detailed site investigation to determine the extent and nature of the
contaminant(s) and a site-specific risk assessment of any associated pollutant
linkages, shall then require to be submitted to and approved in writing by the
Council as Planning Authority. 
Reason: To avoid unacceptable risks to human health and the environment, to ensure
that the land is remediated and made suitable for its proposed use. 
06. That the further application(s) required shall include a scheme for the control and
mitigation of dust for the consideration and detailed approval of the Council as
Planning Authority.  No changes to the approved scheme shall take place unless
agreed in writing by the Council.  Thereafter, the scheme shall be implemented in
accordance with a programme to be agreed in writing with the Council. 
Reason: To minimise the risk of nuisance from dust to nearby occupants. 
07. That the further application(s) required shall include details of the storage and
collection of refuse within the development for the consideration and detailed approval
of the Council as Planning Authority. 
Reason: To minimise nuisance, littering and pest problems to nearby occupants. 
08. That the further application(s) required shall include a Drainage Assessment in
accordance with 'Drainage Assessment - A Guide for Scotland', for the consideration
and detailed approval of the Council as Planning and Roads Authority (and the
Scottish Government as Trunk Roads Authority). 
Reason: To demonstrate that a satisfactory means of waste and surface water
drainage can be achieved. 
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09. That the further application(s) required shall include a detailed scheme for surface
water drainage.  Surface water from the site shall be treated in accordance with the
principles of the Sustainable Urban Drainage Systems Design Manual for Scotland
and Northern Ireland and with the Council's Sustainable Drainage Design Criteria and
requirements and shall be agreed in writing with the Council as Planning Authority in
consultation with SEPA. 
Reason: To ensure that the disposal of surface water from the site is dealt with in a
safe and sustainable manner, to return it to the natural water cycle with minimal
adverse impact on people and the environment and to alleviate the potential for on-
site and off-site flooding. 
10. That prior to any work starting on site, or as otherwise agreed, the submitted Flood
Risk Assessment, shall be the subject of independent verification, in accordance with
the Council's current design criteria, which should be submitted to and approved in
writing by the Council as Planning and Roads Authority in consultation with SEPA. 
Reason: To ensure that there will be no increased risk of flooding to land and
properties. 
11. That the further application(s) required shall include written confirmation from Scottish
Water to the Council as Planning Authority that the site can be satisfactorily served by
a sewerage scheme designed in accordance with Scottish Water's standards. 
Reason: To ensure the provision of a satisfactory sewerage system. 
12. That no dwellinghouse shall be occupied until the site is served by a sewerage scheme
constructed in accordance with Scottish Water standards and as approved by the
Council as Planning Authority in consultation with Scottish Water as Sewerage
Authority. 
Reason: To ensure the provision of a satisfactory sewerage system. 
13. That the further application(s) required shall include an Outdoor Access Plan for the
provision of walking, cycling and horse riding for the consideration and detailed
approval of the Council as Planning Authority, comprising:- 
(a) A plan at an appropriate scale indicating the location and alignments of all
existing formal and informal access routes, paths and tracks within and across
the site and including linkages with adjacent areas; 
(b) A report detailing the existing condition of those routes; 
(c) An assessment of current levels of use, types of user and purpose of trips,
together with a reasoned estimate of how this might change as a result of the
development or otherwise; 
(d) A plan at an appropriate scale indicating the proposed scheme of access routes
for walkers, cyclists and horse riders [as appropriate] including linkages with
adjacent areas; 
(e) A statement showing how this scheme complies with the requirements of the
Disability Discrimination Act 1995; 
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(f) Detailed specifications for the construction of all routes, and for all associated
artefacts and structures such as seating, cycle racks, lighting, handrails, access
controls, signage and interpretation; 
(g) A programme for completion and subsequent maintenance. 
No work shall commence on site until the written approval of the Council as Planning
Authority has been given. 
Reason: To ensure that development makes appropriate provision for outdoor access
and to achieve the completion and subsequent maintenance of the access proposals
within an appropriate timescale. 
14. That the further application(s) required shall include a scheme for the provision of
equipped play area(s) within the application site for the consideration and detailed
approval of the Council as Planning Authority and this shall include :(a) details of the
type and location of play equipment, seating and litter bins to be situated within the
play area(s); (b) details of the surface treatment of the play area, including the location
and type of safety surface to be installed; (c) details of the fences to be erected around
the play area(s); and (d) details of the phasing of these works. 
Reason: To ensure the provision of adequate play facilities within the site and in order
to retain effective planning control. 
15. That unless otherwise agreed, the developer shall secure the implementation of an
archaeological watching brief, to be carried out by an archaeological organisation
acceptable to the Council as Planning Authority, during all ground disturbance.  The
retained archaeological organisation shall be afforded access at all reasonable times
and allowed to record and recover items of interest and finds.  A method statement for
the watching brief will be submitted by the applicant, agreed by the West of Scotland
Archaeology Service, and approved by the Planning Authority prior to commencement
of the watching brief.  The name of the archaeological organisation retained by the
developer shall be given to the Planning Authority and to the West of Scotland
Archaeology Service in writing not less than 14 days before development commences. 
Reason: In order to safeguard any archaeological items of interest or finds. 
16. That the further application(s) required shall include the detailed design of all roads
and transportation infrastructure improvements identified in the Transport
Assessment, or in subsequent discussions with Roads and Transportation Services,
and required by the Council as Roads Authority (and Transport Scotland as Trunk
Roads Authority).  These details shall be agreed with the Council as Planning Authority
(in consultation with Roads and Transportation Services and Transport Scotland as
Trunk Roads Authority). 
Reason: In the interests of road and public safety and in order to retain effective
planning control. 
17. That the design and layout of all new infrastructure and improvements shall be
designed in accordance with the ''Design Manual for Roads and Bridges'' and the
Council's ''Guidelines for Development Roads''. 
Reason: In the interests of road and public safety and in order to retain effective
planning control.  
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18. That the further application(s) required shall include details of the Bus Service
Strategy, required by virtue of Condition 18 above and should cover details in respect
of:- 
i) plans that detail the roads, cycleways and footways associated with that
particular phase of the development;
ii) the frequency and routing of new/amended bus services
iii) details of bus infrastructure design for that phase of development including  lay-
by, shelter (with a power supply), pole and lighting details;  
iv) location/position of bus stops and bus layover; and
v) a temporary bus turning circle at an appropriate location, at the end of each phase
of the development. 
Reason: These details have not been submitted or approved. 
19. That the further application(s) required shall include updated biodiversity surveys to
identify existing habitats and species, mitigation and enhancement proposals, action
plan for implementation and phasing of work and future maintenance/management
arrangements.  This shall be submitted to and approved in writing by the Council as
Planning Authority and any future works or actions shall thereafter be carried out in
accordance with the approved scheme. 
Reason: These details have not been submitted or approved. 
20. That a Landscape Plan shall be submitted to the Council as Planning Authority for
written approval and it shall include: 
(i) the landscaping proposals for the site, including details of existing trees and other
planting to be retained together with proposals for new planting specifying
number, size and species of all trees and shrubs;
(ii) an indication of all existing trees and hedgerows plus details of those to be
retained and measures for their protection in the course of development; 
(iii) details and specification of all trees, shrubs, grass mix, etc.; 
(iv) details of any top-soiling or other treatment to the ground;
(v) sections and other necessary details of any mounding, earthworks and hard
landscaping;
(vi) proposals for the initial and future maintenance of the landscaped areas; 
(vii) details of the phasing of these works;
(viii) detailed specifications for all soft and hard landscape features including new
trees and shrub planting, hard and soft surface treatments, other amenity
features (seating, lighting, sculpture, water features etc);
(ix) arrangements for structural landscape area (existing and proposed woodland,
new greenbelt boundaries, public open space/buffer zones)
(x) a woodland management and maintenance scheme; 
(xi) management and maintenance prescriptions for all areas of open
space,  community, public realm, woodland and greenbelt areas; and
(xii) proposals for the maintenance of all areas of open space within the development;
(xiii) detailing the relationship of the proposed landscape features with adjacent
proposals and existing facilities. 
Reason: These details have not been submitted or approved. 
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21. That unless otherwise agreed, prior to the occupation of the first residential property
details of a welcome pack outlining public transport and active travel options including
links to and locations of local services shall be submitted to and approved by the
Council as Planning Authority to encourage sustainable travel to and from the
development. 
Reason: These details have not been submitted or approved. 
22. That notwithstanding the terms of Condition 19 above, if Tile Cottage and its
outbuilding are to be demolished or modified a bat activity survey (dusk and/or dawn
survey during the bat activity season (April - September inclusive) shall be undertaken
to determine whether there is a bat roost present in the buildings.  The bat survey in
addition to a bat protection plan shall be submitted for the consideration and detailed
approval of the Council as Planning Authority in consultation with SNH.  Thereafter,
the recommendations of the approved bat survey and bat protection plan shall be
implemented to the Council's satisfaction. 
Reason: To ensure the protection of existing habitats within the site. 
23. That notwithstanding the terms of Condition 19 above, the further application(s)
required shall include an updated badger survey and a badger protection plan
containing detailed information on habitat enchantment proposals in addition to the
other mitigation measures proposed for badgers for the consideration and detailed
approval of the Council as Planning Authority in consultation with SNH.  Thereafter,
the recommendations of the approved badger survey and badger protection plan shall
be implemented to the Council's satisfaction. 
Reason: To ensure the protection of existing habitats within the site. 
24. That in the event that it is determined that any trees with bat roosting potential are
required to be felled, prior to felling a bat survey (dusk and/or dawn survey during the
bat activity season (April - September inclusive) shall be undertaken to determine
whether there is a bat roost present in the trees.  The bat survey shall be submitted
for the consideration and detailed approval of the Council as Planning Authority in
consultation with SNH.  Thereafter, the recommendations of the approved bat survey
shall be implemented to the Council's satisfaction. 
Reason: To ensure the protection of existing habitats within the site. 
25. That an updated otter survey shall be submitted for the consideration and detailed
approval of the Council as Planning Authority in consultation with SNH if more than 1
year passes between the date of the survey incorporated in the Environmental
Statement compiled by Enviro Centre (August 2013) and the submission of any
detailed or matters specified in conditions application. 
Reason: To ensure the protection of existing habitats within the site. 
26. That the mitigation measures as stated in section 5.6 of the Environmental Statement
compiled by Enviro Centre (August 2013) shall be implemented throughout the
construction and post-construction phases of the development to the Council's
satisfaction. 
Reason: To ensure the protection of existing habitats within the site.
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27. That no part of the development shall be occupied until the sewerage scheme
associated with the relevant phase of the development is constructed in accordance
with Scottish Water standards and as approved by the Council as Planning Authority
in consultation with Scottish Water as Sewerage Authority. 
Reason: To ensure the provision of a satisfactory sewerage system. 
28. That the further application(s) required shall include a detailed Design Statement for
the consideration and detailed approval of the Council as Planning Authority.  The
Design Statement shall set out the design principles, justify the design solution and
show how the proposal responds to the wider context of the area as well as the
characteristics of the site and shall demonstrate the extent to which the proposed
development conforms with the guidance set down within the Masterplan. 
Reason: In order to retain effective planning control. 
29. That prior to the submission of the further application(s) required, intrusive site
investigation works shall be undertaken to establish the exact situation regarding coal
mining legacy issues on the relevant application site to the satisfaction of the Council
as Planning Authority in consultation with The Coal Authority. 
Reason: To ensure the safety and stability of the proposed development. 
30. In the event that the site investigations required under Condition 29 above confirm the
need for remedial works the required remedial works shall be undertaken prior to any
dwellings being occupied to the Council's satisfaction. 
Reason: To ensure the safety and stability of the proposed development. 
31. That within 12 months, or as otherwise agreed, of the consent being issued the
developer shall submit details of the phasing of the development for the consideration
and detailed approval of the Council as Planning Authority, and no work shall begin
until the phasing scheme has been approved in writing unless otherwise agreed by
the Council. Following approval, the development shall be implemented in accordance
with any approved scheme. 
Any submitted phasing plan shall detail the development of the site including proposals
for the implementation of infrastructure works (including off-site road works), road
access and public transport provision.  The plan requires to take cognisance of the
rate of build-out of the development and its proposed phasing and should identify what
improvements require to be implemented before any phase of the development is
occupied. 
Reason: In order to retain effective planning control. 
32. That an intrusive ground investigation shall be undertaken supervised by suitably
experienced and qualified consulting engineers and a comprehensive report shall be
submitted for the consideration and detailed approval of the Council as Planning
Authority with the further application(s) required.  The report shall consider all the
relevant geotechnical matters including ground stability, mining support, groundwater,
environmental issues and the requirements for structures roads and footpaths. The
report shall contain recommendations for dealing with any geotechnical constraints
and these shall be included in the design of the development all to the satisfaction of
the Council.  
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Reason: In order to retain effective planning control and to ensure that the ground
conditions and associated constraints identified in the EIS are suitably incorporated
into the design of the development. 
33. That the further application(s) required shall include an updated Noise Assessment
(NA) to determine the impact of noise from The Go-Kart Race Track on the proposed
development using the principles set out in British Standard BS 4142:1997 - Method
for Rating Industrial Noise affecting Mixed Residential and Industrial Areas, or a
method agreed by the Planning Authority.  The NA shall be submitted to and approved
by the Planning Authority and shall identify: 
1) the maximum Rating Levels and,
2) the minimum Background Noise Level to which any part of the development will
be exposed. 
The Background Noise Level for the most noise sensitive period that the source could
operate shall be used for this assessment.  Where the Level of Significance as
described within the Scottish Government Document:
Technical Advice Note Assessment of Noise, identifies changes in noise as moderate
or greater (assessed with windows open), a scheme for protecting the proposed
dwelling(s) from industrial / stationary noise shall be submitted to, and approved by,
the Planning Authority. 
Reason: To minimise noise disturbance to adjacent properties. 
34. That the further application(s) required shall include a Habitat Management Plan for
the whole site for the consideration and detailed approval of the Council as Planning
Authority. 
Reason: To ensure there is no adverse impact on native habitats and species. 
35. Prior to the occupation of the 191st dwelling, the alterations to the junction of A72
Lanark Road / M74 Junction 7 southbound off slip and northbound on slip, which shall
include the installation of traffic signals which shall incorporate queue detection on the
on slip, MOVA (Microprocessor Offset Vehicle Actuated) control and widening of the
carriageway on the A72 overbridge. Junction design to be generally in accordance
with Dougall Baillie Associates Drawing no. 13069-SK-06 and to be submitted for
approval and there after implemented by the applicant to the satisfaction of the Council
as Planning and Roads Authority and in consultation with Transport Scotland and in
accordance with the Design Manual for Roads and Bridges (DMRB). 
Reason: In the interest of public and road safety. 
36. Prior to the occupation of the 550th dwelling, alterations to the M74 Junction 7
northbound on slip (interim improvement) generally in accordance with Dougall Baillie
Associates Drawing no. 13069-SK-21 shall be submitted for approval and thereafter
implemented by the applicant to the satisfaction of the Council as Planning and Roads
Authority and in consultation with Transport Scotland and in accordance with the
Design Manual for Roads and Bridges (DMRB). 
Reason: In the interest of public and road safety. 
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37. The development shall be restricted to 550 dwellings until such time as an agreement
on the mechanism for the delivery of further upgrades to the M74 northbound on slip
and southbound off slip, generally as illustrated on Dougall Baillie Associates Drawing
Numbers 13069-SK-22 and 13069-SK-24, has been reached between the Council as
Planning Authority and/or Transport Scotland and in accordance with the requirements
of the Design Manual for Roads and Bridges (DMRB).  The agreed mechanism shall
define all aspects of phasing, calculating contribution levels, procurement and delivery
for the identified works. 
Reason: In the interest of public and road safety. 
38. That the further application(s) required shall include details of the boundary treatment
between the site and the M74 for the consideration and detailed approval of the
Council as Planning Authority, in consultation with Transport Scotland. 
Reason: In the interest of public safety. 
39. That the further application(s) required shall include a full Safety Audit, in accordance
with the Institute of Highways and Transportation Guidelines, for the consideration and
detailed approval of the Council as Planning and Roads Authority for all infrastructure
to be constructed and adopted, or altered, on the public road. 
Reason: These details have not been submitted or approved. 
40. That any new traffic signal installation or alterations to the existing traffic signal network
shall be undertaken by the Council's Traffic Signal Maintenance Contractor and
connected to the existing Remote Monitoring System to the satisfaction of the Council
as Planning and Roads Authority.  Costs associated with this shall be funded by the
applicant.   
Reason: In the interest of public and road safety. 
41. That the further application(s) required shall include a detailed internal layout of the
residential development in accordance with ''Designing Streets'' policy, the Councils
''Guidelines for Development Roads'' including the ''Interim Guidance'' of January 2011
for the consideration and detailed approval of the Council as Planning and Roads
Authority. 
Reason: These details have not been submitted or approved.  
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