Agenda Document Pack - Planning Committee - 22/11/2022
South Lanarkshire Council · 22 November 2022
Back to Planning Committee — 22 November 2022 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Monday, 14 November 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, 22 November 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 1
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BUSINESS 1 Declaration of Interests 2 Minutes of Previous Meeting Minutes of the meeting of the Planning Committee held on 11 October 2022 submitted as a correct record. (Copy attached) 5 - 16 Item(s) for Decision 3 Application P/21/2167 for Change of Use of After School Care Facility to Class 1 Retail Premises and Associated External Alterations at Cruse House, 20 Argyle Drive, Hamilton Report dated 4 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 17 - 30 4 Application P/21/1901 for Erection of 71 Residential Units, Consisting of 62 Detached, Semi-Detached and Terraced, 9 Flats, Including 17 Affordable Housing Units, Formation of 2 New Vehicular Accesses and Associated Infrastructure at Former Hoover Site Phase 4, Dale Avenue, Cambuslang Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 31 - 52 5 Application P/22/0771 for Demolition of Building and Derelict Railway Bridge and Erection of 3 Houses, Access Roads and Footpath at Land 60 Metres North of 68 Biggar Road, Biggar Road, Symington, Biggar Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 53 - 74 6 Application P/22/0251 for Revision to Layout, Substitution of House Types and Erection of Additional 13 Houses (267 in Total) at Previously Approved Housing Development with Associated Landscaping and Parking (Amendment to Planning Consent P/19/1502) at Land 148 Metres North Northwest of Dunrobin, Newlands Road, East Kilbride Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 75 - 86 7 Application P/22/0363 for Erection of 64 Houses, Associated Infrastructure and Landscaping (Approval of Matters Specified in Conditions 1(a-r), 3, 4, 6, 8, 9, 10 and 12 of Planning Permission in Principle EK/09/0218) at Cala Development Site, 250 Metres East of Easter House, Jackton Road, Jackton, East Kilbride Report dated 14 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 87 - 100 8 Application P/22/0105 for Extension to Extraction Area of Existing Quarry (Bankend Quarry) at Laigh Plewland Farm, Waterhead Peelhill and Linbank Highway, Strathaven Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 101 - 116 2
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9 Application P/22/0106 for Installation of Field Conveyor to Transport Sand and Gravel from Bankend Quarry to Snabe Quarry with Processing at Snabe Quarry (Section 42 Application to Amend Condition 4 of Application EK/11/0213 to Allow Continued Use until 30 September 2036) at Snabe Farm Sand Quarry, Darvel Road, Drumclog, Strathaven Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 117 - 132 10 Application P/22/0712 for Demolition of House and Outbuildings and Erection of Residential Development of 12 Houses and Associated Works (Planning Permission in Principle) at Newhouse Farm, Westburn Road, Cambuslang Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 133 - 144 11 Application P/22/0360 for Erection of House (Planning Permission in Principle) at Land at Spittal Farm, Spittal Road, Carnwath, Lanark Report dated 4 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 145 - 154 12 Application P/22/0931 for Erection of 5 Houses with Associated Works (Approval of Matters Specified in Conditions Imposed on Consent P/18/1126) at Hallhill, Hunterlees Road, Glassford, Strathaven Report dated 14 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 155 - 172 13 Application P/22/1047 for Change of Use of Public Open Space to Private Garden Ground and the Erection of Fencing at 53 Mull, East Kilbride Report dated 10 November 2022 by the Executive Director (Community and Enterprise Resources). (Copy attached) 173 - 182 14 Application P/21/1350 for Erection of Residential Development (23 Flatted Units), Associated Amenity Space and Repairs and Alteration of Existing Facade at Former Vogue Cinema and Bingo Hall, 11 Keith Street, Hamilton Report dated 10 November by the Executive Director (Community and Enterprise Resources). (Copy attached) 183 - 198 15 South Lanarkshire Local Development Plan 2 - Supporting Planning Guidance - Preparation of Development at a Dwellinghouse Report dated 10 November by the Executive Director (Community and Enterprise Resources). (Copy attached) 199 - 222 Urgent Business 16 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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PLANNING COMMITTEE Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street, Hamilton on 11 October 2022 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Ralph Barker, Councillor Archie Buchanan, Councillor Ross Clark, Councillor Margaret Cowie, Councillor Mary Donnelly, Councillor Gladys Ferguson-Miller, Councillor Elise Frame, Councillor Celine Handibode, Councillor Mark Horsham, Councillor Ross Lambie, Councillor Lesley McDonald, Councillor Davie McLachlan, Councillor Julia Marrs (substitute for Councillor John Ross), Councillor Norman Rae, Councillor Dr Ali Salamati, Councillor Graham Scott, Councillor David Shearer, Councillor Bert Thomson (substitute for Councillor Maureen Devlin), Councillor Helen Toner, Councillor David Watson Councillors' Apologies: Councillor Gerry Convery (Depute), Councillor Maureen Devlin, Councillor Joe Fagan (ex officio), Councillor Alistair Fulton, Councillor Monique McAdams, 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 1 Declaration of Interests The following interests were declared:- Councillor(s) Horsham and Lambie Item(s) South Lanarkshire Local Development Plan 2 – Supporting Planning Guidance – Hagshaw Energy Cluster Development Framework Nature of Interest(s) Trustees of Hagshawhill Windfarm Community Trust Marrs South Lanarkshire Local Development Plan 2 – Supporting Planning Guidance – Hagshaw Energy Cluster Development Framework Personal relationship with employee of ScottishPower Renewables (stakeholder) 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 13 September 2022 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 2 5
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3 Application P/21/2167 for Change of Use of After School Care Facility to Class 1 Retail Premises and Associated External Alterations at Cruse House, 20 Argyle Drive, Hamilton A report dated 3 October 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/2167 by 1A Real Estate Limited for the change of use of an after school care facility to Class 1 retail premises and associated external alterations at Cruse House, 20 Argyle Drive, Hamilton. A request for a hearing in respect of the application had been received, however, the application did not meet the criteria for a hearing. Following discussion, during which an officer responded to members’ questions on aspects of the report, Councillor Nelson, seconded by Councillor Allison, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Donnelly, seconded by Councillor Watson, moved as an amendment that the application be deferred to allow a site visit to be carried out. On a vote being taken using the electronic voting system, 5 members voted for the motion and 16 for the amendment which was declared carried. The Committee decided: that application P/21/2167 by 1A Real Estates Limited for the change of use of an after school care facility to Class 1 retail premises and associated external alterations at Cruse House, 20 Argyle Drive, Hamilton be deferred to a future meeting of the Planning Committee to allow a site visit to be carried out. 4 Application P/21/0521 for Erection of 3 Car Garage and Store with Vehicular Access from Moss Road at 9 Newton Road, Strathaven A report dated 29 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/0521 by A and M Blackwood Frame for the erection of a 3 car garage and store with vehicular access from Moss Road at 9 Newton Road, Strathaven. The Committee decided: that application P/21/0521 by A and M Blackwood Frame for the erection of a 3 car garage and store with vehicular access from Moss Road at 9 Newton Road, Strathaven be granted subject to the conditions specified in the Executive Director’s report. 5 Application P/22/0471 for Erection of Domestic Wind Turbine at 1 Fernhill Grange, Bothwell A report dated 29 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0471 by B Singh Sander for the erection of a domestic wind turbine at 1 Fernhill Grange, Bothwell. Following discussion, during which officers responded to members’ questions on various aspects of the report, Councillor Nelson, seconded by Councillor Allison, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor McLachlan, seconded by Councillor Watson, moved as an amendment that the application be deferred on the grounds that further technical specifications on the wind turbine were required. On a vote being taken using the electronic voting system, 8 members voted for the motion and 13 for the amendment which was declared carried. 6
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The Committee decided: that planning application P/22/0471 by B Singh Sander for the erection of a domestic wind turbine at 1 Fernhill Grange, Bothwell be deferred to a future meeting of the Planning Committee on the grounds that further technical specifications on the wind turbine were required. [Reference: Minutes of Hamilton Area Committee of 9 June 2010 (Paragraph 8)] Councillor Barker left the meeting during consideration of this item of business due to technical issues 6 Application P/21/2093 for Erection of 37 Houses and 16 Flats with Associated Roads, Landscaping and Infrastructure (Approval of Matters Specified in Conditions Imposed on Consent HM/10/0052) at Land to the North of Meikle Earnock Road, Meikle Earnock Road, Hamilton A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/2093 by Taylor Wimpey West Scotland for the erection of 37 houses and 16 flats with associated roads, landscaping and infrastructure (approval of matters specified in conditions imposed on consent HM/10/0052) at land to the north of Meikle Earnock Road, Meikle Earnock Road, Hamilton. This development was located within the Hamilton Community Growth Area and would be covered by the Planning Obligation agreed in terms of planning consent HM/10/0052. There followed a discussion on the application during which officers responded to members’ questions on aspects of the report. The Committee decided: that planning application P/21/2093 by Taylor Wimpey West Scotland for the erection of 37 houses and 16 flats with associated roads, landscaping and infrastructure (approval of matters specified in conditions imposed on consent HM/10/0052) at land to the north of Meikle Earnock Road, Meikle Earnock Road, Hamilton be approved subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 28 March 2017 (Paragraph 16)] In terms of Standing Order No 14, the Chair adjourned the meeting at 11.05am for a 10 minute period. The meeting recommenced at 11.15am Councillor Barker rejoined the meeting during consideration of this item of business 7 Application P/21/1811 for Residential Development (153 Units) with Associated Roundabout, Roads, Landscaping and SuDS (Relating to Consent HM/10/0052) at Land West of Strathaven Road, Strathaven Road, Hamilton A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/1811 by Cala Homes and Barratt Homes for a residential development (153 units) with associated roundabout, roads, landscaping and SuDS (relating to planning consent HM/10/0052) at land west of Strathaven Road, Strathaven Road, Hamilton. 7
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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. The Committee decided: (1) that planning application P/21/1811 by Cala Homes and Barratt Homes for a residential development (153 units) with associated roundabout, roads, landscaping and SuDS (relating to HM/10/0052) at land west of Strathaven Road, Strathaven Road, Hamilton 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 of on an equitable financial contribution, on an agreed pro-rata basis, in relation to infrastructure and other costs associated with the Hamilton Community Growth Area, for the improvement/upgrading of roads infrastructure, education provision, community facilities and affordable housing provision 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 application 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) and 28 March 2017 (Paragraph 16)] 8 Application P/21/1812 for Residential Development (628 Units) with Associated Roads, Landscaping and SuDS (Approval of Matters Specified in Conditions Imposed on Consent HM/10/0052 – Namely Conditions 2, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20 and 22) at Land to the West of Strathaven Road, Strathaven Road, Hamilton A report dated 3 October 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/1812 by Cala Homes and Barratt Homes for a residential development (628 units) with associated roads, landscaping and SuDS (approval of matters specified in conditions 2, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20 and 22 of planning consent HM/10/0052) at land to the west of Strathaven Road, Strathaven Road, Hamilton. This development was located within the Hamilton Community Growth Area and would be covered by the Planning Obligation agreed in terms of planning consent HM/10/0052. 8
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The Committee decided: that planning application P/21/1812 by Cala Homes and Barratt Homes for a residential development (628 units) with associated roads, landscaping and SuDS (approval of matters specified in conditions 2, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20 and 22 of planning consent HM/10/0052) at land to the west of Strathaven Road, Strathaven Road, Hamilton be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 28 March 2017 (Paragraph 16)] 9 Application P/21/1582 for Substitution of Flats with Houses, Amendment to Plot 24 to Provide 14 Semi-Detached and Terraced Houses, Alteration to Cycle Track Alignment and Proposed Culvert of Section of Existing Burn to Replace Footbridge (Amendment to Consents CR/16/0138 and P/20/1729) at Land 145 Metres Southwest of 7 Dechmont Cottages, Gilbertfield Road, Cambuslang A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/1582 by Dundas Estates and Development Company Limited for the substitution of flats with houses, amendment to plot 24 to provide 14 semi-detached and terraced houses, alteration to cycle track alignment and proposed culvert of section of existing burn to replace footbridge (amendment to planning consents CR/16/0138 and P/20/1729) at land 145 metres southwest of 7 Dechmont Cottages, Gilbertfield Road, Cambuslang. The Committee decided: (1) that planning application P/21/1582 by Dundas Estates and Development Company Limited for the substitution of flats with houses, amendment to plot 24 to provide 14 semi- detached and terraced houses, alteration to cycle track alignment and proposed culvert of section of existing burn to replace footbridge (amendment to planning consents CR/16/0138 and P/20/1729) at land 145 metres southwest of 7 Dechmont Cottages, Gilbertfield Road, Cambuslang 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 educational 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) and 29 November 2016 (Paragraph 7)] 9
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10 Application P/21/1962 for Substitution of House Types, Amendment to SuDS Proposals, Addition of Sub-Station, Addition of Gas Governor and Alteration of Cycle Path Alignment (Amendment to Consent CR/17/0039) at Land 180 Metres Northwest of Dalton School Lodge, Gilbertfield Road, Cambuslang A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/21/1962 by Dundas Estates and Development Company Limited for the substitution of house types, amendment to SuDS proposals, addition of sub-station, addition of gas governor and alteration of cycle path alignment (amendment to planning consent CR/17/0039) at land 180 metres northwest of Dalton School Lodge, Gilbertfield Road, Cambuslang. The Committee decided: (1) that planning application P/21/1962 by Dundas Estates and Development Company Limited for the substitution of house types, amendment to SuDS proposals, addition of sub-station, addition of gas governor and alteration of cycle path alignment (amendment to planning consent CR/17/0039) at land 180 metres northwest of Dalton School Lodge, Gilbertfield Road, Cambuslang 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 educational 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) and 25 August 2020 (Paragraph 4)] 11 Application P/21/2031 for Substitution of House Types and Additional 6 Houses, Amendment to SuDS Proposals, Addition of Sub-Station, Addition of Gas Governor and Alteration of Cycle Path Alignment (Amendment to Consent CR/17/0076) at Phase 2D, Land 180 Metres Northwest of Dalton School Lodge, Gilbertfield Road, Cambuslang A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P21/2031 by Dundas Estates and Development Company Limited for the substitution of house types and additional 6 houses, amendment to SuDS proposals, addition of sub-station, addition of gas governor and alteration of cycle path alignment (amendment to planning consent CR/17/0076) at land 180 metres northwest of Dalton School Lodge, Gilbertfield Road, Cambuslang. 10
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The Committee decided: (1) that planning application P/21/2031 by Dundas Estates and Development Company Limited for the substitution of house types and additional 6 houses, amendment to SuDS proposals, addition of sub-station, addition of gas governor and alteration of cycle path alignment (amendment to planning consent CR/17/0076) at land 180 metres northwest of Dalton School Lodge, Gilbertfield Road, Cambuslang 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 educational 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) and 25 August 2020 (Paragraph 5)] 12 Application P/22/0674 for Installation of Battery Storage Facility (Section 36 Scottish Government Consultation) at Land 700 Metres North of Birkhill Mill, Cairnhouses Road, Douglas, Lanark A report dated 29 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0674 by Alcemi Storage Developments 4 Limited for the installation of a battery storage facility (Section 36 Scottish Government Consultation) at land 700 metres north of Birkhill Mill, Cairnhouses Road, Douglas, Lanark. The proposal had been submitted to the Scottish Government under Section 36 of the Electricity Act 1989 as the proposed storage capacity of the batteries was over 50 megawatts (MW). As a result, the Council was a consultee to the application and not the consenting authority. The application was considered acceptable on the basis that it:- accorded with the relevant policies in the adopted South Lanarkshire Local Development Plan 2 accorded with National Policy would not have any significant adverse impact within the surrounding area The Committee decided: (1) that the Scottish Government be advised that the Council had no objection to the proposed installation of a battery storage facility at land 700 metres north of Birkhill Mill, Cairnhouses Road, Douglas, Lanark under Section 36 of the Electricity Act 1989 subject to the conditions specified in the Executive Director’s report; and 11
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(2) that the Head of Planning and Regulatory Services be authorised to undertake any discussions or agreements on the proposed conditions, if required, with the Scottish Government. 13 Application P/22/0699 for Change of Use of Office Accommodation in North Stand to Assisted Accommodation at New Douglas Park, Cadzow Avenue, Hamilton A report dated 29 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0699 by The Stadium Company Limited for the change of use of office accommodation in the north stand to assisted accommodation at New Douglas Park, Cadzow Avenue, Hamilton. 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/22/0699 by The Stadium Company Limited for the change of use of office accommodation in the north stand to assisted accommodation at New Douglas Park, Cadzow Avenue, Hamilton be granted. 14 Application P/22/0498 for Demolition of Existing Garage and Shed and Erection of New Shed and Gym at 20 Stonehouse Road, Sandford, Strathaven A report dated 29 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0498 by K Archer Ritchie for the demolition of an existing garage and shed and the erection of a new shed and gym at 20 Stonehouse Road, Sandford, Strathaven. The Committee decided: that planning application P/22/0498 by K Archer Ritchie for the demolition of an existing garage and shed and the erection of a new shed and gym at 20 Stonehouse Road, Sandford, Strathaven be granted subject to the conditions specified in the Executive Director’s report. Councillor Scott left the meeting during consideration of this item of business 15 Application P/22/0779 for Amendment to Planning Consent P/20/1667 to Remove Madrid House Type, Remix Plots and Addition of Garden Rooms to 20 Plots at Land 90 Metres East Southeast of 24 Simpson Drive, Strutherhill, Larkhall A report dated 29 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0779 by Robertson Living for an amendment to planning consent P/20/1667 to remove Madrid house type, remix plots and the addition of garden rooms to 20 plots at land 90 metres east southeast of 24 Simpson Drive, Strutherhill, Larkhall. There followed a discussion on the application during which an officer responded to members’ questions on aspects of the report. 12
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The Committee decided: that planning application P/22/0779 by Robertson Living for an amendment to planning consent P/20/1667 to remove Madrid house type, remix plots and the addition of garden rooms to 20 plots at land 90 metres east southeast of 24 Simpson Drive, Strutherhill, Larkhall be granted subject to the conditions specified in the Executive Director’s report. [Reference: Minutes of 8 June 2021 (Paragraph 11)] 16 Application P/22/0923 for Erection of 19 Houses with Infrastructure, Open Space, Road Improvements and Associated Works at Land 35 Metres North of Trunlehill, Newlands Road, East Kilbride A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0923 by Carmichael Homes Jackton Limited for the erection of 19 houses with infrastructure, open space, road improvements and associated works at land 35 metres north of Trunlehill, Newlands Road, East Kilbride. The Committee decided: that planning application P/22/0923 by Carmichael Homes Jackton Limited for the erection of 19 houses with infrastructure, open space, road improvements and associated works at land 35 metres north of Trunlehill, Newlands Road, East Kilbride be granted subject to the conditions specified in the Executive Director’s report. 17 Application P/22/0927 for Erection of 12 Flats with Associated Vehicular Access, Parking and Landscaping at Low Waters Miners Welfare and Social Club, 4 Alness Street, Hamilton A report dated 30 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/22/0927 by Procast Group for the erection of 12 flats with associated vehicular access, parking and landscaping at Low Waters Miners Welfare and Social Club, 4 Alness Street, Hamilton. 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/22/0927 by Procast Group for the erection of 12 flats with associated vehicular access, parking and landscaping at Low Waters Miners Welfare and Social Club, 4 Alness Street, Hamilton be granted subject to the conditions specified in the Executive Director’s report. 18 South Lanarkshire Local Development Plan 2 – Supporting Planning Guidance – Community Infrastructure Assessment A report dated 20 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on the preparation of Supporting Planning Guidance (SPG) in relation to the South Lanarkshire Local Development Plan 2 (SLLDP2) on Community Infrastructure Assessment. 13
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At its meeting held on 15 February 2022, this Committee had approved draft SPG on Community Infrastructure Assessment, subject to public consultation. Community Infrastructure Assessment was the process whereby the Council could seek financial contributions from developers where development proposals required capital or other works to enable the development to proceed by mitigating the impact on essential infrastructure. Public consultation had since been carried out over a 6 week period, resulting in 6 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 provide clarification and definitions of certain matters. 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. The Planning and Building Standards Manager (Headquarters) proposed the following amendments to the updated SPG:- that the section headed Active Travel be amended to Public Transport and Active Travel that the following paragraph be added to the section headed Public Transport and Active Travel:- ‘Where the Transport Assessment or Transport Statement identifies a need for public transport provision to serve the new development, contributions will be sought. This could involve the developer subsiding a new bus service for a period to be agreed or new or improved infrastructure being provided eg bus shelters, improved lighting etc to make public transport more attractive, or a combination of both.’ There followed a discussion during which an officer responded to a member’s comments on aspects of the report. The Committee decided: (1) that the Supporting Planning Guidance for Community Infrastructure Assessment, attached as an appendix to the report, be approved with the amendments detailed above; and (2) that the Head of Planning and Regulatory Services be authorised to undertake the appropriate procedures and make drafting and technical changes to the Supporting Planning Guidance prior to its publication. [Reference: Minutes of 15 February 2022 (Paragraph 12)] Councillors Buchanan and Donnelly left the meeting during consideration of this item of business 19 South Lanarkshire Local Development Plan 2 – Supporting Planning Guidance – Hagshaw Energy Cluster Development Framework A report dated 20 September 2022 by the Executive Director (Community and Enterprise Resources) was submitted on the preparation of Supporting Planning Guidance in relation to the South Lanarkshire Local Development Plan 2 (SLLDP2) on the Hagshaw Energy Cluster Development Framework. The purpose of the Supporting Planning Guidance (SPG) was to support the policy approach contained within the adopted SLLDP2 by providing more detailed information, guidance and advice. 14
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South Lanarkshire Council had been invited by NatureScot to take part in a new project, piloting an innovative approach to renewable energy development. The cross-boundary project was intended to bring together a number of different renewable energy developers, working cross- boundary with South Lanarkshire Council, East Ayrshire Council, NatureScot and Architecture and Design Scotland, to explore how a more strategic, joined-up approach to renewable energy development could be taken to achieve greater benefits. The project centred around Hagshaw Hill, which sat on the western edge of South Lanarkshire Council, between the communities of Coalburn and Douglas in South Lanarkshire and Muirkirk in East Ayrshire. The majority of the area sat within South Lanarkshire, with a relatively small part sitting within the East Ayrshire Council side of the boundary. In July 2021, Land Use Consultants (LUC) had been commissioned by NatureScot, in collaboration with both councils and wind farm developers, to prepare a Development Framework for the cluster. A steering group, comprising of South Lanarkshire Council, East Ayrshire Council, NatureScot and renewable energy developers, had been established to oversee the work of LUC. The resultant draft Development Framework, attached as an appendix to the report, had been informed by community engagement and set out the long-term vision for the Hagshaw cluster as a place which ‘delivers optimised renewable energy generation and contributes towards Scotland’s Just Transition to Net Zero, whilst delivering sustainable and inclusive growth for local communities. Integrated nature-based solutions, with enhanced connectivity supporting healthy, resilient communities and ecosystems, in response to the challenges of climate and biodiversity emergencies’. This vision was underpinned by 6 inter-related themes that priorities and projects should seek to deliver, details of which were provided in the report. An action plan was being prepared which would identify lead partners, funding opportunities and potential timelines for the opportunities set out in the Development Framework. East Ayrshire Council’s Cabinet, at its meeting on 7 September 2022, had approved the Development Framework as draft non-statutory planning guidance, subject to public consultation. If approved by this Committee, the draft Development Framework would be published and made available for public consultation for a period of 6 weeks, to run simultaneously with the consultation in East Ayrshire Council, commencing towards the end of October 2022. If significant changes to the Development Framework were required as a result of the consultation, a further report would be submitted to this Committee. Otherwise, the Development Framework would be adopted by both East Ayrshire and South Lanarkshire Councils as Supporting Planning Guidance and, in relation to South Lanarkshire Council, would become a material consideration in the determination of planning applications alongside the adopted South Lanarkshire Local Development Plan 2. The Committee decided: (1) that the draft Hagshaw Energy Cluster Development Framework, attached as an appendix to the report, be approved as Supporting Planning Guidance; (2) that the Supporting Planning Guidance be published and made available for a 6 week period of consultation; and (3) that the Head of Planning and Regulatory Services be authorised to make drafting and technical changes to the non-statutory planning guidance prior to its publication, following public consultation. 15
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[Reference: Minutes of 1 December 2020 (Paragraph 4)] Councillors Horsham, Lambie and Marrs, having declared an interest in the above application, withdrew from the meeting during its consideration 20 Urgent Business There were no items of urgent business. 16
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/21/2167 Change of use of after school care facility to Class 1 retail premises and associated external alterations 1 Summary application information Amended •Application type: Detailed planning application • Applicant: 1A Real Estate Ltd •Location: Cruse House 20 Argyle Drive Hamilton South Lanarkshire ML3 9EB [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) A request for a hearing prior to determination has been received. However, in terms of the Council’s guidance on hearings, the request is not considered to meet the criteria in this case. Therefore, the application can be determined without a hearing taking place. (3) Members of the Planning Committee undertook an accompanied site visit to the site on Friday 28 October 2022. 3 17
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3 Other information ♦ Applicant’s Agent: Kevin Spence ♦ Council Area/Ward: 18 Hamilton West and Earnock ♦ 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 10 New Retail and Commercial Proposals Policy 15 Travel and Transport Policy DM1 New Development Design ♦ Representation(s): ► 26 Objection Letters ► 0 Support Letters ► 0 Comment Letter ♦ Consultation(s): Roads Development Management Team Environmental Services 18
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Planning Application Report 1 Application Site 1.1 The application site consists of a modern, single storey building and associated ground, located at Cruse House, 20 Argyle Drive, Hamilton. It was originally constructed as a new build unit in the early 1980’s, as a doctor’s surgery, as well as also being used as a bereavement support unit, and more recently as an afterschool childcare facility. Historic OS maps also indicate that the site was occupied by a retail unit in the 1950s/ 1960s. 1.2 Argyle Drive is a no through road, set within an established residential area predominantly comprised of 2 and 3 storey local authority constructed houses and flats. Until recently, a pedestrian safety barrier existed along the frontage of the site, although it had been removed by the applicant to facilitate access for building renovation purposes. The barrier has now been reinstated by the applicant. The site is bounded by residential properties to north, south and east, and by a small area of public open space at the rear, to the west. 2 Proposal(s) 2.1 The applicant proposes the change of use of the vacant Class 10 unit (Non – Residential Institution) to form a Class 1 retail shop unit, and for associated external alterations to form an aluminium framed, double glazed shopfront. The original plans also proposed the formation of a single car parking space to the front of the site, although this has now been amended to indicate the reinstatement of the recently removed pedestrian safety barrier, following discussions with roads and planning officers. 2.2 The detailed plans submitted indicate that the majority of the 188 square metre property will be utilised as retail floorspace, with the remainder of the floorspace providing a small storeroom at the rear, a staff WC and a staff kitchen area. A small, covered cycle store is also proposed at the front of the premises. 3 Background 3.1 Local Plan Status 3.1.1 In terms of the South Lanarkshire Local Development Plan 2 (adopted 2021), the site is located within a general urban area, and is therefore subject to an assessment against the following policies:- Policy 2 Climate Change Policy 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 10 New Retail/Commercial Proposals Policy 15 Travel and Transport Policy DM1 New Development Design 3.2 Relevant Government Advice/Policy 3.2.1 Given the nature and scale of the proposal, there is no specific government guidance relevant to the determination of this application. There is, however, a growing move towards providing locally accessible, sustainable services and facilities, often referred to as 20 minute neighbourhoods. As the name suggests, these neighbourhoods should be able to provide residents with the majority of services and facilities they seek within a reasonable walking distance of where they live, helping to minimise car use/dependency, and assisting with tackling climate change by providing sustainable alternatives. 19
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3.3 Planning Background 3.3.1 As stated above, the site is understood to have been occupied by a Class 1 retail shop in the late 1950s and 1960s, prior to the erection of the current building as a doctor’s surgery in 1980. The property was subsequently utilised as a bereavement centre facility by Cruse Bereavement Support. Planning permission was also granted in 2003 for the partial change of use of the premises to an after school care facility, albeit restricted to between 3pm and 5.30pm Monday to Friday, (planning ref: HM/03/0808). It is understood that both the bereavement support facility and the after school care facility operated from the premises at the same time, albeit at different hours of the day. 4 Consultation(s) 4.1 Roads and Transportation Services – no objections, as the proposals will not generate a significant volume of traffic, and the lack of parking may in fact encourage walking trips. In addition, on street parking already occurs on Argyle Drive and, provided the anticipated small number of drivers park in a considerate manner, Roads and Transportation Services do not consider this will cause issues. Response: Noted and agreed. 4.2 Environmental Services – no objections, subject to the attachment of an informative relating to the proposed use of the premises for the preparation, sale, or consumption of food. Response: Noted. Relevant informatives would be added to any consent. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and the proposal was further advertised in the local press. 26 letters of objection and a petition with 67 signatures have been received as a result of this publicity. The organiser of the petition claims that 102 people signed the petition, however, admits it was submitted in 3 parts, one of which had no front cover sheet and which to date has not been located. The grounds of objection and matters raised are summarised below:- a) Concerns regarding the negative impact on the surrounding area from extra traffic, noise, and danger to existing residents from cars parking on pavements and restricting visibility, noting that Argyle Drive is a narrow, no through road with no traffic calming, set within a residential area, where historically there have been several serious accidents. Further, there is no parking provision for customers which will lead to the road being blocked, access to resident’s driveways being restricted and potential restrictions on emergency vehicles and refuse trucks etc being unable to safely pass the site. In addition, the road is not suitable for large delivery vehicles and the previous use as an after school care facility caused many parking issues, which will be exacerbated if the current application is approved. Response: These concerns are noted, however, the Council’s Roads and Transportation Services have been consulted on this application and have offered no objections to the proposed change of use. Further, the modest size of the retail unit proposed does not appear to be of a scale that would result in significant additional traffic or parking in the local area. Colleagues in Roads and Transportation Services would assess the need for any traffic calming, should it be requested, and the Police could investigate any illegal/obstructive parking issues that may arise. 20
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b) Concerns regarding the negative impact on the residential amenity of the surrounding residential area, in particular delivery noise early in the morning, litter and anti-social behaviour if permission is granted. Response: These concerns are noted, however, the levels of noise disturbance and litter associated with a retail shop of the 188 square metre size proposed are considered unlikely to be of an extent that warrants refusal of the application. It should also be noted that historically a similar sized retail unit occupied the site, and that it has had a variety of commercial/business uses with associated noise and disturbance over the last 40 years. With regard to anti-social behaviour, the Police would be able to investigate any instances of anti-social behaviour in the area. Further, it is also considered that a retail shop operating from the currently vacant premises would create an active frontage in this part of Argyle Drive, in addition to noting that most shop units have CCTV to monitor anti-social behaviour outside their premises. Indeed, it could be argued that the reuse of the site could in fact result in an improvement to the appearance of the vacant building, and potentially result in less anti-social behaviour. c) Questions over the need for a retail unit on the site, given the proximity of the site to the existing Burnbank shopping centre and other nearby retail premises. In addition, concerns that an approval for a shop would take away business from these existing shops. Response: Noted, however, issues of commercial competition are not a material consideration in the assessment of the application, and the Council assesses each planning application on its individual merits. d) Everyone in the wider housing estate should be served neighbour notification, as the proposed development will impact on the whole neighbourhood, not just those within the 20 metre buffer zone indicated on the neighbour notification map. Do the total number of neighbours in the buffer zone qualify for a serious objection to the proposed development? Response: These comments are noted, however, the planning application has been subject to the normal standard levels of statutory consultation (neighbour notification of properties close to the site and an advert in the local newspaper). It is understood that some residents would have liked further properties outwith the 20 metre buffer zone to have been neighbour notified, however, the distance requirements for neighbour notification are set out in relevant legislation by the Scottish Government. It is considered that the standard methods of consultation on the planning application were sufficient in this instance. e) Concerns that the retail shop will sell alcohol. Drug and alcohol addiction is a serious problem in the local area, which can also be backed up by the local police and the Council. Would any resultant disturbances and anti-social behaviour be dealt with by the overstretched local police service? Response: These concerns are noted, however, planning permission is sought for a Class 1 retail shop use, where the sale of alcohol cannot be restricted under planning controls. Notwithstanding this, the sale of alcohol from the premises would require to be the subject of a separate licensing application. With regard to anti-social behaviour, as stated in point b) above, the Police would be able to investigate any instances in the area. 21
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f) Concern that the premises would encourage criminality. Response: This concern is noted, however, no further reasoning or evidence for coming to this conclusion are provided. g) Concerns that the building has no water supply, is prone to flooding and cannot be insured. How will the new owners go about repairing the drains etc, without making repairs/changes to the building, noting that there is not enough space for access for equipment to repair? Response: These concerns are noted and are for the owner/applicant to consider. Given its urban location, it is unlikely that all relevant services, including water and drainage, cannot be provided. With regard to the degree of available space around the existing building for repairs to be undertaken, following a recent site visit it is considered that adequate space exists on all sides of the structure, should repairs be required. h) Concerns that building works have been carrying on since March 2022, without any planning permission having been granted. In addition, the workmen have been blocking existing resident’s access to their properties and have removed a large section of pedestrian safety barrier along Argyle Drive, to facilitate the placing of a skip on the public pavement area outside the property. Planning Permission should be denied in light of this blatant disregard for safety and respect for neighbouring properties. Response: These comments are noted. In response, the Council has contacted the agent for the application on a number of occasions, to advise that building works should cease until such time that a decision has been made on the application, and that any works continuing are undertaken without approval, and wholly at the risk of the applicant. With regard to the removal of the safety barrier, the applicant has been told to replace this in its original position, which has been agreed to. Roads and Transportation Services have also been pursuing this issue separately with the applicant. Finally, with regard to refusing permission in light of the works already undertaken at the property and their impact on local residents, Scottish Government advice is that retrospective applications should be assessed in the same manner as any other planning application. i) Concerns that a previous application for a retail premises was turned down. What makes this current application different? Response: There is no record of a previous planning application having been refused for a shop at the current site within the last 20 years, and the objector hasn’t provided any further clarification. It should, however, be noted that in terms of the 1997 Use Classes (Scotland) Order, had the original approved use of the property as a Class 2 Doctor’s surgery, and the later Class 2 bereavement support centre continued, the applicant would not have required a planning application to change the use to a Class 1 retail shop. This is because a change from Class 2: Financial, professional, and other services to Class 1: Shops is a permitted change in terms of the relevant Use Classes legislation. The current planning application only requires permission as the premises was partly utilised for 2 and a half hours a day, Monday to Friday, as a Class 10 after school facility. 22
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j) Concerns that the site is prone to flooding during periods of heavy rain, which creates a hazard. Response: Noted. The proposals seek consent for a change of use of an existing building, with no additional extensions, and are therefore unlikely to result in any additional flood risk. k) Suggestions that the vacant premises could be used for something much more beneficial to local residents, for example, a centre for kids with activities to do and somewhere they can play safely. Response: It is acknowledged that there are other potential ways to develop this site, however, when a planning application is submitted an assessment of that particular proposal requires to be undertaken. Alternative proposals would require the submission and assessment of separate planning applications. The applicant wishes to have the submitted planning application assessed and determined in its current form. l) Concerns that the plans do not indicate where the proposed shop will keep their commercial waste. In addition, commercial waste could encourage insects and vermin, result in contaminated surface water running into the ecosystem and impact on air quality for residents in terms of foul smells from the bins. Response: The applicant seeks planning permission for the change of use to a retail shop and therefore commercial waste is likely to be limited to cardboard boxes and food/retail goods packaging. The site has adequate open space to the side and the rear where commercial waste bins may be stored, and the agent has amended the proposed site plan to reflect this. Given the type of use proposed it is unlikely that the type of waste produced will result in attracting insects and vermin to the site or result in air quality issues/smells. With regard to contaminated surface water, again, given the type of waste likely to result, cardboard and packaging, this is highly unlikely to result in contaminated surface water at the site. Notwithstanding this, the Council’s Environmental Services could investigate and take action should any issues of contaminated water, smells, vermin, or air quality arise. m) Concern that an application for 3 car parking spaces outside the premises will take up most of the existing pavement area, resulting in a dangerous health and safety issue, particularly for wheelchair users. Response: Noted, however, following a number of discussions between the applicant and the Council, the plans have been amended to drop the originally requested car parking spaces at the front of the premises. Roads and Transportation Services have also stated that the preference will be to reinstate the recently removed pedestrian safety barrier located at the edge of the pavement to the front of the premises and are in active discussion with the applicant to ensure this is carried out. n) Concerns that if the safety barrier is to stay removed that delivery vehicles and customers will park on the pavement. Alternatively, if the barrier removed is to be reinstated this will narrow the road outside the shop and make it nearly impossible for vehicles to pass. Clarification of the supply chain the owner of the premises is intending to use is also sought, to determine the size of the delivery vehicles that will be parked. Response: As stated in m) above, the safety barrier is to be reinstated and the road is considered to be wide enough to enable 2 vehicles to pass each other safely. It should also be noted that parking vehicles on the public road, 23
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in a considerate manner, can be considered to effectively represent a form of traffic calming, slowing vehicle speeds. In terms of the request for clarification of the supply chain the owner of the premises is proposing to use, it is not considered that this information is required to determine the application. Delivery supplies would likely be undertaken by a range of commercial vehicles, taking into account the access route and the accessibility of the premises. o) A petition has been submitted in objection to the application by the local residents. This petition clearly shows that every resident, with the exception of one who had no opinion, do not want, or need the store. Residents in adjoining streets have also signed, indicating that they also don’t want this store. In weighing this up, the Planning Committee can only reach one outcome. Further, this decision does not impact on any other person than the local residents. Refusing the application does not affect the applicant’s lifestyle, as he has several other stores. As a democracy the overwhelming voice of the majority must be taken. Residents should not have their lives impacted on for the profit of one person. Response: The submission of the petition and the number of signatures is noted, however, all of the points raised have been fully considered in the assessment of the planning application. The strength of public feeling is recognised, however, a planning application requires to be assessed against material planning considerations. With regard to the potential impact of a refusal on the applicant’s lifestyle, this is not a material planning consideration. It should also be noted that in the vast majority of cases, including this one, any resultant planning approval is attached to the physical property/site, and not to the applicant. p) Concerns that on all postcode search engines a Nisa store is listed at this property. This is rather presumptuous since planning has not been approved, or has it? Response: This concern is noted, however, it is not material to the assessment of the application. The Council has no input into what information is provided by internet postcode search engines. To date, as stated above, no approval has been given for the use/works proposed, or for those partly undertaken on site. q) Having read the comments from the Roads Department, the Government’s guidelines for 20 minute neighbourhoods is more than covered. There are more than 20 convenience stores, 6 supermarkets and Hamilton Town Centre within 20 minutes’ walk of the application site. The proposed shop will be within 3 minutes’ walk from anywhere on the housing estate. Response: This comment is noted, however, the proposals seek consent to bring a vacant local property back into productive use, adding to consumer choice in the local neighbourhood. It may also be that this is the only retail shop unit that a number of residents are physically able to walk to, given its close proximity for local residents, some of whom may in fact be unable to walk/travel further to other retail premises in the wider surrounding area. 5.2 These letters are available for inspection on the planning portal. 24
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6 Assessment and Conclusions 6.1 The applicant seeks detailed planning consent for the change of use of a vacant Class 10 unit (Non – Residential Institution) to form a Class 1 retail shop unit, and for associated external alterations to form a new double glazed shopfront at 20 Argyle Drive in Hamilton. The main determining issues in assessing this proposal are whether it accords with adopted local development plan policy and its impact upon residential and visual amenity, and on road safety. Following the continuance of the application at the October 2022 Planning Committee, members of the Committee undertook an accompanied visit to the proposed retail premises on Friday 28 October 2022, to familiarise themselves with the local area. 6.2 In terms of the adopted South Lanarkshire Local Development Plan 2, the relevant policies to be considered for this application are Policies 2, 3, 5, 10, 15 and DM1. 6.3 Policy 2 – Climate Change states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change by meeting a number of criteria, including maximising the reuse of vacant and derelict land, and having no significant adverse impacts on the water and soils environment, air quality and biodiversity. Having carefully considered the impact of the proposal and associated alterations on site, it is considered that the retail use, and the development’s scale, design, and siting would not have a significant adverse impact on the water and soil environments, or on biodiversity. The proposals in this instance raise no issues in relation to flood risk, and the proposals are considered to represent the appropriate re-use of a previously occupied, vacant building. 6.4 Policy 3 (General Urban Area) states that within urban areas and settlements, proposals for uses ancillary to residential areas will be assessed on their individual merits, with particular regards 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. Following a detailed assessment, it is considered that the proposed use as a retail shop would not be detrimental to the amenity of residents and the wider community, or to the character of the surrounding area. 6.5 Policy 5 (Development Management and Placemaking) seeks to ensure that development takes account of and is integrated with, the local context and built form. Proposals should have no significant adverse impacts on the local community and include, where appropriate, measures to enhance the environment. As the proposal seeks to bring a vacant, unoccupied property back into productive use, with minimal external alterations, the proposals are considered to take account of the local context and built form and have no significant adverse impact on the local community. 6.6 Policy 10 New Retail/Commercial Proposals states that any proposals for retail or commercial development will be assessed against a number of criteria, including; proposals should not undermine the vitality and viability of town centres and/or local centres; be supported by the area’s catchment population; complement regeneration strategies for the area; promote sustainable development; take account of development location and accessibility; promote quality design and accessibility for all. Following a detailed assessment, it is considered that the proposed change of use and associated alterations complies with all relevant policy criteria of Policy 10, in particular being of a modest scale that should not undermine the vitality and viability of either Burnbank or Hamilton town centre. 25
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6.7 Policy 15 Travel and Transport states new development proposals should aim to reduce the need to travel. Proposals should incorporate measures to reduce travel by private car and encourage walking, cycling and public transport. Proposals should also support and facilitate economic recovery, regeneration, and sustainable growth. As this proposal seeks to bring a vacant property back into use as a retail unit to serve the local neighbourhood, reducing the need to travel, it is considered to represent a form of development that fully complies with the requirements of Policy 15. 6.8 Finally, Policy DM1 (New Development Design) states that new development will require to promote quality and sustainability and should make a positive contribution to the character and appearance of the environment. New developments will require to:- Respect the local context and be appropriate to the character and topography of the site in terms of layout, scale, proportion, massing, and appearance. Be of a high quality design which is sympathetic to local traditions of form, detailing and materials. Ensure that any archaeological, built heritage, landscape features and natural conservation interests on or adjacent to the site are identified and incorporated into the overall layout and design, with appropriate measures taken to enhance and/or protect the setting of these features. Address sustainable development issues including the incorporation of energy efficient designs and layouts, the re-use/recycling of materials, water and waste, and the use of alternative energy sources. Ensure there is no conflict with adjacent land uses and no adverse impact on properties in terms of overlooking, loss of privacy, overshadowing, noise and disturbance. 6.9 Following a detailed assessment, it is considered that the proposals do respect the local context and are appropriate to the character and topography of the site, are of a high quality design that is sympathetic to the local area and have no adverse impact on built heritage or nature conservation. Further, they represent a sustainable reuse of an existing vacant building and ensure no conflict with the adjacent residential land use and it is unlikely to result in adverse impacts. 6.10 In summary, following a full and detailed assessment of the proposed development, it is considered that it would have no significant adverse impact upon residential or visual amenity, the character of the area or road safety, and that it is in accordance with the relevant policies of the adopted South Lanarkshire Local Development Plan 2 (2021). As such, the granting of planning permission is recommended. 7 Reasons for Decision 7.1 The proposals are considered acceptable in terms of the proposed use, their scale, design and siting, their potential impact on residential and visual amenity, and are in accordance with Policies 2, 3, 5, 10, 15 and DM1 of the adopted South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission. David Booth Executive Director (Community and Enterprise Resources) Date: 4 November 2022 26
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Previous references HM/03/0808 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 07.01.2022 ► Newspaper Advert, Hamilton Advertiser, dated 20.01.2022 ► Consultations Roads Development Management Team 17.02.2022 29.06.2022 Environmental Services 07.01.2022 ► Representations Dated: Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB 09.01.2022 Lesley Steele/Morrison, Received Via Email 13.01.2022 M Braidwood, 11 Argyle Drive, Hamilton, South Lanarkshire, ML3 9EB 20.01.2022 Mrs Christine Boyd, 18 Argyle Drive, Burnbank, Hamilton, ML3 9EB 20.01.2022 Mr Thomas Gallagher, 18 Argyle Drive, Hamilton, ML3 9EB 20.01.2022 Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB Karen Duddy, Received Via Email 26.01.2022 28.01.2022 Mr Gordon Todd, 19 Argyle Drive, Burnbank, ML3 9EB 16.01.2022 Mr Gerard Rooney, 61 Leys Park, Hamilton, ML3 9EQ 08.04.2022 Ms Michelle Neil, 16 Marswood Green, Hamilton, ML3 9EE 09.04.2022 Mr Paul Maguire, 50 Leys Park, Hamilton, ML3 9EQ Mr Bernie Anderson, 52 Argyle Drive, Hamilton, 11.04.2022 14.04.2022 Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB 23.03.2022 Ann Hanlan, 4 Marrswood Green, Hamilton 08.04.2022 Sandra Mullen, 36 Argyle Drive, Hamilton, South Lanarkshire, ML3 9EB 06.05.2022 27
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Jean McGilligan, 21 Argyle Drive, Hamilton, South Lanarkshire, ML3 9EB 06.05.2022 Miss Lauren Allan, 50 Leys Park, Hamilton, ML3 9EQ 11.04.2022 Mr William Clark, 7 Marrswood Green, Burnbank, Hamilton, ML3 9ED 08.04.2022 Mrs Jean McGilligan, 21, Argyle drive, Hamilton, ML3 9EB 03.08.2022 Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB 26.04.2022 Mrs Lorraine Dickie, 9 Marrswood Green, Burnbank, Hamilton, ML3 9ED 03.04.2022 Miss Natalie Kiely, 28 Argyle Drive, Hamilton, ML3 9EB Miss Natalie Kiely, 28 Argyle Drive, Hamilton, ML3 9EB 06.04.2022 07.04.2022 Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB Mrs Jean McGilligan, 21 Argyle Drive, Hamilton, ML3 9EB Miss Natalie Hazel Kiely, 28 Argyle Drive, Hamilton, ML3 9EB 26.05.2022 22.08.2022 11.10.2022 22.10.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Stuart Ramsay, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 07551 840 251 Email: stuart.ramsay@southlanarkshire.gov.uk 28
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Detailed planning application Paper apart – Application number: P/21/2167 Conditions and reasons 01. Prior to the retail unit hereby approved being brought into use, the pedestrian safety barrier indicated on plan G(00) 003 Rev C shall be reinstated to the front of the premises onto Argyle Drive, and shall thereafter be retained in perpetuity, all to the satisfaction of the Council as Planning and Roads Authority. Reason: In the interests of pedestrian and road safety. 29
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/21/1901 Erection of 71 residential units, consisting of 62 detached, semi- detached and terraced, 9 flats, including 17 affordable housing units, formation of 2 new vehicular accesses and associated infrastructure 1 Summary application information Amended •Application type: Detailed planning application • Applicant: Dawn Homes Limited •Location: Former Hoover Site Phase 4 Dale Avenue Cambuslang G72 7TZ [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 an appropriate obligation under Section 75 of the Planning Act and/or other appropriate obligation has been concluded between the applicant and the Council in respect of a financial contribution in respect of:- a) the phasing, improvement and upgrading of educational facilities b) the phasing, improvement and upgrading of community facilities c) the implementation of the on-site affordable housing units 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. 4 31
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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 section 75 Obligation shall be borne by the developers. 3 Other information ♦ Applicant’s Agent: George McAndrew ♦ Council Area/Ward: 13 Cambuslang West ♦ Policy Reference(s): Adopted South Lanarkshire Local Development Plan 2 Policy 2 Climate Change Policy 5 Development Management and Placemaking Policy 8 Employment Policy 11 Housing Policy 12 Affordable Housing Policy 13 Green Network and Greenspace Policy 15 Travel and Transport Policy 16 Water Environment and Flooding Policy DM1 New Development Design Policy DM15 Water Supply Policy ICD2 Non-conforming Uses in Core Industrial/Business Areas Policy SDCC2 Flood risk Policy SDCC3 Sustainable Drainage Systems ♦ Representation(s): ► 6 Objection Letters ► 3 Support Letters ► 2 Comment Letters ♦ Consultation(s): Roads Development Management Team Roads Flood Risk Management Scottish Water SEPA West Region SP Energy Networks Community Resources Education Resources School Modernisation Team Housing and Technical Resources Network Rail Scottish Gas Digital Records Department Environmental Services The Coal Authority Planning and Local Authority Liaison 32
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Planning Application Report 1 Application Site 1.1 The planning application site relates to an area of land to the south of Dale Avenue in Cambuslang forming part of the cleared site of the former Hoover factory. The site extends to approximately 3.77 hectares. The site is bounded to the southwest by the main Glasgow to London railway line and to the south-east by recently constructed residential development, to the west by the Trade Team Tennent’s Distribution Depot and to the north by open vacant land which has Planning Consent for a recreational Cycle Park. 1.2 The former Hoover factory covered a large proportion of the site and is currently vacant land. The factory buildings were demolished in 2008 and the site was cleared and regraded. The other areas of the former factory site have been redeveloped for housing under previous planning consents (CR/16/0096 and P/18/1837) by the applicant Dawn Homes and Keepmoat Homes. The current application site is generally level. 2 Proposal(s) 2.1 The applicants propose the erection of a residential development of 71 residential units, consisting of 62 detached, semi-detached and terraced and 9 flats. Of these units, 17 will be affordable housing units, the proposal also includes the formation of 2 new vehicular accesses and associated infrastructure. Part of the development, the 8 terraced and 9 flatted properties to the north-east of the site, will provide 17 units for rent as Housing Association accommodation and will be managed by the Clyde Valley Housing Association. All of the dwellings will be two storey, except for the flats which consist of one three storey block with three flats on each floor. Two parking courts are provided to serve the terraced dwellings and the flats. All the properties will be finished externally with modern materials including brick, stone and rendered walls, concrete roof tiles and UPVC windows. The flats will have galvanized steel Juliette balconies on the north, south and east elevations. 2.2 The development will be accessed via Dale Avenue, completed as part of the previous consents, and be linked to Somervell Street to the south-east and Bogleshole Road / Cambuslang Road to the north-west. A significant area of mature trees is located to the north-west of the site and separates the site from the commercial distribution depot to the north. Structural planning and a landscaped noise bund will separate the development from the railway to the south-west. The previous consent will provide the main area of open space area to the west of the site close to the River Clyde. Approximately half of this open space houses the SUDs basin for the wider site and the remainder is being laid out as informal open space with a formal games court located adjacent to the SUDs basin. New footpath and cycle path links are being provided to the Clyde Walkway on the River Clyde as part of previous consents. 2.3 A number of documents have been provided in support of the application, namely a Pre-application Consultation Report, Transport Assessment, Site Investigation Report, Remediation Method Statement, Noise Assessments, Ecology Report, Coal Mining Risk Assessment, Air Quality Assessment, Drainage Strategy, Tree Report, Marketing Reports, Properties Report, Design Statement and Planning Statement and Planning Statement Addendums. 2.4 The site has been subject to a Pre-Application Notice (P/21/0004/PAN). Under the new regulatory framework following from the Planning etc. (Scotland) Act 2006, applicants lodging a major planning application are required to undertake pre- 33
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consultation with the community and stakeholders 12 weeks in advance of lodging the formal planning application. The applicant has followed this procedure and has submitted a Report of Consultation with the current planning application. The consultation event, due to COVID restrictions at the time, was held as an on-line event, on 12 May 2021. 3 Background 3.1 Relevant Government Advice/Policy 3.1.1 In land use terms, the site is identified within the adopted South Lanarkshire Local Development Plan 2 2021 (LDP) as a Core Industrial and Business Area under Policy 8 Employment. In this respect the proposed residential development will require to be justified in terms of Policy ICD2 Non-conforming Uses in Core Industrial/Business Areas. 3.1.2 In addition to the above policy designation 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 11 Housing Policy 12 Affordable Housing Policy 13 Green Network and Greenspace Policy 15 Travel and Transport Policy 16 Water Environment and Flooding Policy DM1 New Development Design Policy DM15 Water Supply Policy SDCC2 Flood risk Policy SDCC3 Sustainable Drainage Systems 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 (CR/11/0248) was granted to Forrest Developments Limited and St Vincent (435) c/o Dawn Developments Limited in March 2012 for a mixed use development for the regeneration of the Hoover/Bridge Street site in Cambuslang, comprising a supermarket, 208 houses, relocation of business and industry, a spine road linking the new junction at Bridge Street through the site to Dallas Drive, a park and ride facility to serve Cambuslang Station, landscaping and footpath links. The first matters specified in conditions (MSC) application (Reference CR/12/0149) relating to a range of works required to deliver the proposal was granted consent at Planning Committee on 29 January 2013. A second matters specified in conditions (MSC) application (Reference CR/12/0188) relating to further works was granted consent on 17 April 2013. Following the original Planning Permission in Principle consent detailed planning consent (CR/16/0096) was granted in March 2017 to St Vincent Street 435 Keepmoat Homes Limited for the construction of 195 houses and associated infrastructure, earth moving, roads, 34
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drainage and landscaping, sites referred to as Phase 1 and 2 of the wider development. The first two areas of housing to the north and south of Dale Avenue have been developed by Dawn Homes and Keepmoat Homes and are now occupied. An amendment to this consent (P/18/0042) in respect of relocation of footpath/cycleway and amended house types was granted in July 2018. Following this Planning Consent (P/18/1837) was granted in 2019 for Phase 3 which consisted of a further 70 dwellinghouses, including 17 Affordable Housing units. These units are under construction and many are now occupied. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management) – have no objections to the proposal subject to conditions being attached to any consent in respect of detailed road design, electric vehicle charging points, invasive weeds survey and a Traffic Management Plan. Other details have been requested which will be addressed through the Roads Construction Consent process. Response: Noted. Appropriate conditions will be added to any consent issued. 4.2 Network Rail – have no objections to the proposal subject to advisory notes being attached to any consent in relation to planting and construction works in close proximity to an operational railway embankment and supporting structures. Conditions can also be attached as with the previous consent in respect of planting, drainage, trespass proof fencing and rail vibration survey. Response: Noted. Appropriate conditions and advisory notes can be added to any consent issued. 4.3 Education Resources School Modernisation Team – have no objections to the proposal, however, developer contributions would be required towards education facilities. Response: Noted. A Section 75 Legal Agreement would be concluded prior to any consent being issued. 4.4 Housing Services – have no objections to the proposal as the developer is providing 25% of the total number of residential units for rent as Affordable Housing which will be managed and operated by the Clyde Valley Housing Association. Clyde Valley Housing Association have confirmed that the unit types being provided will enable them to offer accommodation to a range of households. Response: Noted. A Section 75 Legal Agreement would be concluded prior to any consent being issued to ensure provision of the Affordable Housing units. 4.5 Community Services – have no objections to the proposal, however, would require developer contributions in respect of community facilities. Response: Noted. A Section 75 Legal Agreement would be concluded prior to any consent being issued. 4.6 The Coal Authority – have no objections to the proposed development. Response: Noted. An Advisory Note can be attached in respect of development in a High Risk Coal Mining Area. 4.7 Environmental Services – have no objections, subject to conditions and advice notes being attached in respect of further contaminated land site investigation and remediation, noise levels mitigation measures at the proposed properties, construction noise and dust management and monitoring. Response: Noted. Appropriate conditions and advisory notes will be added to any consent issued. 35
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4.8 Roads Flood Risk Management – have no objections to the proposed development subject to conditions in relation to the implementation of a Sustainable Drainage Design designed and independently checked in accordance with the Council’s SUDS Design Criteria Guidance. Response: Noted. Appropriate conditions can be added to any consent issued. 4.9 Scottish Water – have no objections to the proposed development. Response: Noted. 4.10 SEPA West Region – have no comments and provided standing advice. Response: Noted. 4.11 SP Energy Networks – have no objections to the proposed development. Response: Noted. 4.12 Scottish Gas Digital Records Department – no response to date. Response: Notwithstanding this, an advisory note would be attached to any consent issued reminding the applicants of the requirement to consult statutory undertakers, prior to commencement of works on site. 5 Representation(s) 5.1 Statutory notification was undertaken, and the proposals advertised in the local press for non-notification of neighbours and development contrary to the development plan. Following this, 11 letters of representation were received, consisting of 6 objections, 3 letters of support and 2 letters of comment. The issues raised in all representations can be summarised as follows:- (a) The applicant has provided an inadequate noise assessment and has failed to conform to the requirements of local and national planning policy. We are concerned that the amenity of future residential occupiers would be unacceptably impacted by the existing prevailing noise climate, which includes BOC’s operations. Should planning permission be granted, BOC request that a condition requiring the provision of noise abatement measures for approval prior to the commencement of development is attached. However, this matter should be addressed before the application is determined as they are key to determining whether the principle of development is acceptable. Further noise assessment work was requested to be undertaken by the applicant. Following the submission of further noise assessment by the applicant BOC remain of the same opinion that the Noise Impact Assessment was inadequate, and that the development would result in the amenity of future residential occupiers being unacceptably impacted by the existing prevailing noise climate, which includes BOC’s operations. Response: Following a further Noise Impact Assessment being provided by the applicant in response to this objection, it is not considered that the proposed residential development would experience unacceptable noise impacts from the BOC site operations. The site is some distance away from the BOC site and is separated from the BOC site by the Trade Team Tennent’s Distribution Depot. There are existing residential properties in closer proximity to the BOC site. The site also benefits from the existing tree belt to the north west of the site separating the site from the Trade Team Tennent’s Distribution Depot. Environmental Services have assessed the proposed development and raised no objections to the proposal subject to a number of conditions, including noise standards. Conditions can be attached requiring the submission and approval, 36
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prior to the commencement of development, of details of measures to be taken in the design of the properties to ensure they meet the required noise standards. (b) The development should provide more 4 or 5 bedroomed properties to provide for working from home. There is an oversupply of 3 bedroomed properties. Response: The proposed development offers a range of property types including detached, semi-detached and terraced properties, including 21 which are 4 bedroomed properties. (c) The proposed housing development will result in an increase in road safety issues in the area. Concerns over the speed of traffic on Dale Avenue should be limited to 20 mph and traffic calming measures should be introduced. There are issues with parking congestion and parking on pavements in Somervell Street and at the football stadium and with HGVs parking on Dale Avenue outside the Tennent’s Distribution Depot. Response: Roads and Transportation Services raised no objections to the proposal subject to a number of conditions. There are no current parking restrictions on the surrounding streets, including Somervell Street. Illegal on- street parking and blocking of pavements with parked cars is a matter for the police. (d) The location and design of the proposed flats will lead to overlooking of properties on the opposite side of Spangler Crescent, resulting in residents in the flats looking directly into gardens of the existing properties. This will have an adverse impact on the ability of existing residents to enjoy their gardens as protected by the Human Rights Act. Response: The proposed development meets with the guidelines for habitable room window to window distance, being more than 20 metres from windows in the flats to windows in the existing houses on Spangler Crescent. The location of the flats is considered to be acceptable, and it is not considered that there will be an unacceptable level of overlooking of the gardens of existing properties in Spangler Crescent, given the distance between the properties and the proposed flats, the height of the proposed flats and the proposed ground level of the flats being lower than Spangler Crescent. (e) The location and design of the proposed flats will lead to overshadowing / loss of light to properties on the opposite side of Spangler Crescent and is considered to be an un-neighbourly form of development due to the height. Response: The proposed development will not significantly increase the overshadowing of the existing houses on Springer Crescent given the distance between the properties and the proposed flats, the height of the proposed flats and the proposed ground level of the flats being lower than Spangler Crescent. (f) The construction of the proposed development may have an adverse impact on the gardens, garden structures, drainage and fencing of existing properties on Hoover Drive where the new properties and garden adjoin the existing. The developer should ensure there is no damage and should rectify any damage caused during construction. Response: The construction of the proposed development would take place within the redline planning application boundary. The developer would be responsible for ensuring that the construction works do not encroach on land outwith their ownership and would be responsible for rectifying any damage caused to existing gardens and boundary fences not in their ownership. 37
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(g) The construction of the proposed development will result in noise and disturbance for existing residents and there should be restrictions on the construction hours to protect the amenity of local residents. Response: The noise from construction sites is controlled through Environmental Regulations. An advisory note would be attached to any consent advising that audible construction activities should be limited to, Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday – No audible activity. (h) There has been no consideration for outdoor play space in the proposed development and the football / basketball court provided on the wider development is in a dangerous location close to the river and the SUDs basin. Response: Large areas of openspace and play facilities including a MUGA pitch are required to be provided through the previous planning consent to the east of the current application site. The pitch/court has been constructed and further landscaping works will follow. The pitch/court is some distance from the river and is separated by fencing. The SUDs basin is also securely fenced. (i) There is a range of wildlife on the site, including newts, toads and bats which should be protected during construction. Response: The applicants have submitted an Ecological Assessment carried out by Nigel Rudd Ecology which, following the Phase I Habitat Survey, concluded that the site had a very restricted habitat diversity where the development would result in the loss of low value, unexceptional habitats, and would result in a positive impact on biodiversity. The survey revealed no significant habitat potential for roosting bats, great crested-newts, otters or water voles, there being no standing water or running water habitat. (j) The waste land backing onto the railway line to the rear of the proposed development site requires to be maintained as part of the development. Response: The land within the application site boundary will form part of the landscaping scheme for the development site. The details of the landscaping and landscape maintenance would require to be submitted and approved as a condition of any planning consent. (k) The development layout should provide improved footpath links to the previously developed housing and to Dale Avenue. Response: Roads and Transportation Services are satisfied with the provision of footpath connections throughout the site. (l) The development of further housing in the area is welcomed increasing the opportunities to purchase houses in the area. Response: Noted. 5.2 These letters available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 The applicants propose the erection of a residential development of 71 residential units, consisting of 62 detached, semi-detached and terraced, 9 flats, including 17 affordable housing units, formation of 2 new vehicular accesses and associated infrastructure. Part of the development, the 8 terraced and 9 flatted properties to the north-east of the site, will provide 17 units for rent as Housing Association accommodation and will be managed by the Clyde Valley Housing Association. In terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, planning 38
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applications have to be determined in accordance with the development plan unless other material considerations indicate otherwise. The main determining issues in assessing this proposal are whether it accords with development plan policy, its impact on amenity and road safety matters. 6.2 In respect of Policy 8 Employment, the site is identified as a Core Industrial and Business Area therefore the proposed residential development requires to be justified in terms of Policy ICD2 Non-conforming Uses in Core Industrial/Business Areas. Policy IDC2 sets out a number of criteria to be considered when assessing whether there may be potential to accommodate non-conforming uses in the core industrial and business areas. In this case although the proposed use is for residential development the applicant has submitted a number of documents which demonstrate that the site has been actively marketed for Class 4, 5 and 6 use without success. The site was actively marketed firstly by Montagu Evans from February 2019 for 12 months to 2020. Following this the site has been actively marketed by JLL from September 2021. Marketing has included Marketing Brochure, on site advertising boards, online advertising and an email flyer campaign. Following marketing there were a small number of enquiries which have not progressed. One of the main reasons for the site not being considered appropriate for industrial development was its immediate proximity to existing residential development where potential constraints may be imposed on industrial operations on the site in terms of noise limits and hours of operation. It is therefore considered that the site has been subject to an appropriate marketing appraisal for uses within classes 4, 5 and 6 and has been actively marketed for more than six months. 6.3 It is not considered that the development of the site would undermine the vitality and viability of existing town and local centres. The site would be an extension of the previous phases of residential development and would be unlikely to adversely affect the industrial operation, amenity, industrial character or function of the area as it would benefit from the existing tree buffer with the Trade Team Tennent’s Distribution Depot to the north-west of the site. As set out in Section 5.1 above, it is not considered that the residential development would be adversely impacted by noise from the BOC site operations which is some distance away. The loss of the industrial site is not considered to have a significant adverse impact on the industrial land supply. The site can be easily accessed via Dale Avenue and Roads and Transportation Services raised no objections to the proposed development in terms of access, parking or the wider road network. The site is within walking distance of Cambuslang Town Centre, Cambuslang Train Station and local bus services. The residential development of the site would have no significant impact on the natural and historic environment. Given the lack of interest in the site for industrial development and the location of the site in respect of the existing residential development it is considered that the proposed residential development of the site would be appropriate in respect of Policies 8 Employment and ICD2 Non-conforming Uses in Core Industrial/Business Areas of the adopted LDP. 6.4 Policy 2 Climate Change aims to ensure that new developments minimise and mitigate against climate change and the generation of greenhouse gases. The proposed development will redevelop previously developed vacant land bringing it back into use. The site is within walking distance of Cambuslang Town Centre, Cambuslang Train Station and local bus services. The development will not result in any loss of trees. The site is not on peatland or carbon rich soil or in a flood risk area. It is therefore considered that the proposal is consistent with Policy 2 of the adopted LDP. 39
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6.5 Policies 5 Development Management and Placemaking and DM1 New Development Design seek to ensure that development takes account of and is integrated with the local context and built form. Proposals should have no significant adverse impacts on the local community and include where appropriate measures to enhance the environment. The design and scale of the proposed development is considered acceptable in this location given that it is an extension of the existing residential development, and the design and external finishes are similar continuing the existing pattern of development. There are suitable landscape buffers between the proposed housing and the railway line and the site benefits from an existing tree buffer with the Trade Team Tennent’s Distribution Depot to the north west of the site. Roads and Transportation Services are satisfied with the proposed road layout, access and parking provision. The proposed development layout complies with the Residential Design Guide in terms of window to window distances, outside space and other amenity issues. The proposed development is therefore considered to be consistent with Policies 5 and DM1 of the adopted LDP. 6.6 As set out above, the site is identified as a Core Industrial and Business Area and is not identified as a proposed housing site under Policy 11 Housing. In respect of Policy 12 Affordable Housing and Housing Choice, the development includes 8 terraced and 9 flatted properties to the north east of the site, will provide 17 units for rent as Housing Association accommodation and will be managed by the Clyde Valley Housing Association. It is therefore considered that this provision complies with the requirements of Policy 12 of the adopted LDP. 6.7 Policy 6 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 proposal, it is considered that contributions would be required in terms of the impact on educational and community facilities. The applicants are in agreement to making such contributions and this will be achieved through a legal agreement or other appropriate means. The proposal is therefore considered to comply with Policy 6 of the adopted LDP. 6.8 Areas of the application site adjacent to the railway line and to the north in the openspace area are areas designated as green network, where Policy 13 Green Network and Greenspace 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 area along the boundary with the railway line will remain open and form a landscape buffer which continues the green corridor along the edge of the railway. The area to the north forms part of the wider openspace area which will be landscaped with a natural / wild planting mix. The details of this can be required to be submitted for approval under a landscape condition. Both areas of Green Network will be retained continuing the existing green network links through the site and beyond along the railway and River Clyde corridors and is therefore considered to comply with Policy 13 of the adopted LDP. 6.9 With regard to road safety, Policy 15 - Travel and Transport - requires all new development proposals to consider the resulting impacts of traffic growth. The impact of the proposal on the local road network and in terms of parking provision has been fully assessed by Roads and Transportation Services who have offered no objections, subject to conditions. The applicant, under the previous planning consent (CR/16/0096) has provided a financial contribution towards junction improvements at the junction of Somervell Street, Bridge Street and Glasgow Road to allow the junction to be upgraded to provide for the increased traffic flows from the 40
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current and proposed developments. The proposal can therefore be considered to comply with Policy 16 of the adopted LDP. 6.10 In terms of Policies 16, SDCC2and SDCC3 it is noted that the proposal includes a sustainable drainage system which links to the wider development SUDs system and drainage basin. The applicants have submitted a Drainage Strategy and the Flood Risk Management Team advised that they have no objections to the proposed development subject to conditions in relation to the implementation of a Sustainable Drainage Design designed and independently checked in accordance with the Council’s SUDS Design Criteria Guidance. 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 adopted LDP. 6.11 Ten letters of representation were received in respect of the proposal, the grounds of which have been addressed in Section 5 above and do not merit refusal of the application. The requirements of the statutory consultees can be addressed through the use of conditions where appropriate. 6.12 In summary, the application was advertised as development contrary to the development plan as the site is located in an area identified as a Core Industrial and Business Area. However, following a detailed assessment of the proposal submitted, the lack of interest in the site for industrial development and the location of the site in respect of the existing residential development, it is considered that the proposed residential development of the site would be appropriate. As such, it is considered that a departure from the development plan can be justified and planning permission granted for the following reasons:- 1) The site has been subject to an appropriate marketing appraisal for uses within classes 4, 5 and 6 and has been actively marketed for more than six months with no success; 2) The site presented limited options for industrial development due to its immediate proximity to existing residential development where potential constraints may be imposed on industrial operations on the site in terms of noise limits and hours of operation; 3) The residential development proposal would be an extension of the previous phases of residential development and would be unlikely to adversely affect the industrial operation, amenity, industrial character or function of the area as it would benefit from the existing tree buffer with the Trade Team Tennent’s Distribution Depot to the north-west of the site; 4) The proposal supports the principles of climate change by redeveloping previously developed vacant land bringing it back into use and is within walking distance of Cambuslang Town Centre, Cambuslang Train Station and local bus services thus reducing the need for private car journeys; 5) The proposal complies with the provisions of Policies 2, 5, 11, 12, 13, 15, 16, DM1, DM15, SDCC2 and SDCC3 of the South Lanarkshire Local Development Plan 2 (adopted 2021); 6) An appropriate obligation will be sought between the applicant and the Council in respect of a financial contribution in respect of the phasing, improvement and upgrading of educational facilities and community facilities and the implementation of the on-site affordable housing units; 7) There are no infrastructure implications. It is therefore recommended that planning permission is granted. 41
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7 Reasons for Decision 7.1 For the reasons set out in 6.12 above. David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references Planning Consent CR/11/0248 Planning Consent CR/12/0149 Planning Consent CR/12/0188 Planning Consent CR/16/0096 Planning Consent P/18/0042 Proposal of Application Notice P/21/0004/PAN List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 3 November 2021 ► Consultations Roads Development Management Team 17.02.2022 & 04.11.2022 Roads Flood Risk Management 28.01.2022 Scottish Water 04.11.2021 SEPA West Region 05.11.2021 SP Energy Networks 05.11.2021 Community Resources 06.12.2021 Education Resources School Modernisation Team 09.11.2021 Housing and Technical Resources 19.11.2021 & 11.08.2022 & 01.11.2022 Network Rail 09.11.2021 Environmental Services 14.01.2022 & 28.10.2022 The Coal Authority Planning and Local Authority Liaison 17.11.2021 ► Representations Dated: Mr David Clark, 64 Hoover Drive, Cambuslang, Cambuslang, G72 7EF 23.11.2021 42
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Miss Liz McGeachy, 52 Hoover Drive, Cambuslang, Glasgow, G72 7EF 24.11.2021 Danielle Hawkins And Dayl Nimmo, 81 Dale Avenue, Cambuslang, G72 7EY 22.11.2021 Mr Marc Findlay, 30 Hawthorn Avenue, Cambuslang, Cambuslang, Glasgow, G72 7AE 28.11.2021 Mr Alan Docherty, 153 Dale Avenue, Cambuslang, Glasgow, G72 7EY 05.11.2021 Mr Craig McIntosh, 30 Hoover Drive, Cambuslang, Glasgow, G72 7EF 22.11.2021 BOC, c/o Savills, Wessex House, Priors Walk, East Borough, Wimbourne, BH21 1PB 10.01.2021 BOC, c/o Savills, Wessex House, Priors Walk, East Borough, Wimbourne, BH21 1PB BOC, c/o Savills, Wessex House, Priors Walk, East Borough, Wimbourne, BH21 1PB 05.05.2022 07.11.2022 Mr Gary Tierney, 46 Nevis Avenue, Hamilton, ML3 8UA 13.05.2022 Ms Louise MacCormack, 70, Finnart Street, GLASGOW, G40 4BJ 16.06.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Morag Neill, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 842 294 Email: morag.neill@southlanarkshire.gov.uk 43
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Detailed planning application Paper apart – Application number: P/21/1901 Conditions and reasons 01. Details of the phasing of the development shall be submitted to the Council for approval, and no work shall begin until the phasing scheme has been approved in writing. Following approval, the development shall be implemented in accordance with the approved scheme. Reason: In order to retain effective planning control 02. That before any work commences on the site a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:(a) 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; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. Reason: In the interests of the visual amenity of the area. 03. 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 amenity 04. That before any work commences on the site a scheme for the provision of equipped play area(s) within the application site shall be submitted to the Council as Planning Authority for written approval 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. 05. That prior to the completion or occupation of 35 dwellinghouses within the development, all of the works required for the provision of equipped play area(s) included in the scheme approved under the terms of Condition 4 above, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area. Reason: In order to retain effective planning control. 44
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06. 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: In the interests of amenity and in order to retain effective planning control. 07. 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: These details have not been submitted or approved. 08. 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 7 above, shall be erected and thereafter maintained to the satisfaction of the Council. Reason: In order to retain effective planning control 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 the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out in or from the garage. Reason: To retain effective planning control and safeguard the amenity of the area. 11. That prior to the commencement of development, details of the land drainage works shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the provision of a satisfactory land drainage system. 12. That the required drainage scheme shall be completed in accordance with the approved details prior to the occupation of any house hereby approved. Reason: To ensure the provision of a satisfactory land drainage system. 13. That before works start on each phase of the development the applicant shall provide written confirmation from Scottish Water to the Council as Planning Authority that each phase of the development 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. 45
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14. That no development shall commence until details of surface water drainage arrangements (including 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 there will be no increased risk of flooding to land and properties either on-site or downstream due to impedance of flood flows, increased surface water run-off and/or reduction of flood storage capacity. 15. That prior to the construction of any dwelling house surface water drainage works shall be completed in accordance with the details submitted to and approved by the Council as Planning Authority, under the terms of Condition 14 above. Reason: To ensure that there will be no increased risk of flooding to land and properties either on-site or downstream due to impedance of flood flows, increased surface water run-off and/or reduction of flood storage capacity. 16. All surface or foul water arising from the development must be collected and diverted away from Network Rail Property. (Any Sustainable Urban Drainage Scheme should not be sited within 10 metres of railway infrastructure and should be designed with long term maintenance plans which meet the needs of the development). Reason: To ensure the provision of a satisfactory land drainage system. 17. If not already in place, the applicant must provide a suitable trespass proof fence of at least 1.8 metres in height adjacent to Network Rail's boundary and provision for the fence's future maintenance and renewal should be made. We recommend a 1.8 metre high 'rivetless palisade' or 'expanded mesh' fence. Network Rail's existing boundary measure must not be removed without prior permission. Reason: In the interest of public safety 18. Where trees/shrubs are to be planted adjacent to the railway boundary these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. Reason: In the interest of public safety 19. That prior to occupation of the first dwelling house the developer will submit for the written approval of the Council, as Planning Authority, a Residential Travel Plan which shall include a plan highlighting walking and cycling connections from the site to existing infrastructure together with nearby bus stops (boarding and alighting), current bus service timetables, web link to Traveline Scotland and information on Strathclyde Partnership for Transport MyBus service. Reason: In the interest of public safety. 20. That all new residents within the approved site shall be issued by the developer with a copy of the approved Residential Travel Pack. Reason: In the interest of public safety. 46
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21. (a) The applicant should be required to undertake a further comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by, the Council as Planning Authority. The investigation shall be completed in accordance with advice given in the following:- Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) 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. (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. The proposed remediation strategy shall include, however not be limited to, details of:- - a suitable capping layer of a minimum 600mm with a minimum of 300mm topsoil with the remainder being made up by the use of suitable subsoil - how the identified asbestos containing material on site will be removed from the site - prior to any material being re-used or imported onto the site full details of the assessment criteria and sampling frequency that would adequately demonstrate the suitability for use of any site won material or to import material. It shall also confirm that the top 300mm is free from metals, plastic, wood, glass tarmac, paper and odours. No works are to commence prior to the site investigation being submitted in writing to and approved 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. 22. (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. This report will include a verification report containing details of the source of the material and appropriate test results to demonstrate its suitability for use. 47
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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. 23. The applicant shall ensure that (prior to the development becoming occupied) the neighbourhood noise levels (including noise from road traffic, railway noise and both industrial and commercial noise sources) comply with the following- Part 1 Between the hours of 08:00 and 20:00 the measured noise rating level emitted from any pre-existing industrial or commercial premises (LAr,1hr) shall not exceed the background noise level (LA90,30 min) by more than 4dB within the curtilage of the new residential development. This shall be measured in accordance with British Standard BS 4142:2014 - Method for Rating and Assessing Industrial and Commercial Sound at the proposed development. Between the hours of 20:00 and 08:00 the noise rating level emitted from any pre-existing industrial or commercial premises (LAr,15 min) shall not exceed the background noise level (LA90,30min) by more than 4dB. This shall be measured in accordance with BS4142:2014 at the proposed development. Part 2 The internal noise levels shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) An internal LAeq,16hr of 40dB daytime (07:00-23:00) and an internal 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 50dB daytime in any garden amenity areas, when measured free-field. Part 3 The Internal Noise Rating Values, within the residential property and resultant from the neighbourhood (industrial and commercial) and neighbour noise (installed services), shall not exceed:- NR25 between 23.00hrs and 08.00hrs NR35 between 08.00hrs and 23.00hrs The mitigation measures set out in the submitted "Acoustic Design Statement - Parcel 4, Former Hoover Site, Cambuslang" Bureau Veritas June 2022 must be adopted in full to the satisfaction of the Council as Planning Authority. Reason: To minimise noise disturbance for occupants of the residential properties. 48
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24. 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. 25. 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. 26. That before the development hereby approved is completed or brought into use, all of the parking spaces shown on the approved plans shall be laid out, constructed and thereafter maintained to the specification of the Council as Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 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 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. 29. That before any works starts a Traffic Management Plan (TMP) for that construction phase with information such as, but not limited to, construction phasing, site deliveries routing/timings, construction compound layout, turning facilities, site car parking for visitors and site operatives and wheel washing facilities shall be submitted to and approved by the Council as Planning Authority. The TMP shall include a Travel Plan element to encourage less reliance on individual private car trips to the site for those personnel involved in construction activities on a routine basis and those attending through the course of site inspections and site meetings. The TMP shall be produced in consultation with the Council's Roads & Transportation Service. 49
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Reason: In the interests of traffic and public safety. 30. The recommendations contained within the approved Traffic Management Plan shall be implemented and adhered to at all times. The developer shall notify the Council in writing, as soon as reasonably practical, of any changes in construction activities where these will have an impact on the approved TMP. The developer will consult with the Council, as Roads Authority to agree in writing any changes to the TMP, and thereafter adhere to and implement the agreed changes to the satisfaction of the Council as Planning Authority. Reason: In the interests of traffic and public safety. 31. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 50
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0771 Demolition of building and derelict railway bridge and the erection of three dwellinghouses, access roads and footpath 1 Summary application information Amended •Application type: Detailed planning application • Applicant: Ms Maureen Gaffney •Location: Land 60M North of 68 Biggar Road Biggar Road Symington Biggar 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: Barry McMullan ♦ Council Area/Ward: 03 Clydesdale East ♦ Policy Reference(s): SLDP2: Policy 2 Climate Change SLDP2: Policy 4 Green Belt and Rural Area SLDP2: Policy 5 Development Management and Placemaking SLDP2: Policy 14 Natural and Historic Environment SLDP2: Policy GBRA1 Rural Design and Development 5 53
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SLDP2: Policy GBRA7 Small Scale Settlement Extensions SLDP2: Policy NHE16 Landscape SLDP2: Policy 15 Travel and Transport ♦ Representation(s): ► 6 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Network Rail West of Scotland Archaeology Service Symington Community Council Roads Development Management Team Environmental Services Scottish Water Countryside and Greenspace SP Energy Networks BT Cellnet TRANSCO Roads Flood Risk Management SGN Use British Telecom 54
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Planning Application Report 1 Application Site 1.1 The applicant site consists of a dismantled railway line, embankment, railway bridge and section of footpath crossing said bridge which continues along the northern boundary of the site to meet the access to Annieston Farm, further to the north. There is self seeded scrub along the railway solum and embankment and semi mature trees on the footpath embankment adjoining Biggar Road. Between the footpath and railway embankment is a triangular shaped paddock containing a dilapidated agricultural building and an abandoned caravan. It is situated at the eastern and southern edges of Symington. There are existing dwellings to the west and to the south, the site fronts Biggar Road (A72), on the other side of which are two detached dwellings within the settlement boundary of Symington. To the north and east the site is bounded by agricultural land. 2 Proposal(s) 2.1 The application proposes demolishing the bridge and infilling the embankment and removing the agricultural building and a section of the footpath in order to construct three detached, 5 bedroom dwellings with integral garages, served by a single access taken from Biggar Road. The houses are one and three quarters storeys in height, will be finished in render and slate (or slate substitute) and feature dormers, chimneys, steep roof pitches and windows with a vertical emphasis. The design is reflective of traditional rural architecture. A diverted route for the footpath will be formed along the site frontage and the eastern boundary and thereafter rejoin the unaffected section of path. Trees within the site will have to be removed to accommodate the development, however, in compensation, a shelter belt will be established in the paddock, in the applicant’s ownership, adjoining the eastern boundary and new trees will be planted along the proposed footpath to the west of the site. 3 Background 3.1 Local Plan Status 3.1.1 The determining issues in the consideration of this application are its compliance with the adopted South Lanarkshire Local Development Plan 2 and its impact on residential amenity, traffic safety, environmental matters, and infrastructure issues. 3.1.2 The 2021 adopted South Lanarkshire Local Development Plan 2 (SLLDP2) identifies the application site as being within the Rural Area, subject to assessment against Policy 4 - Green Belt and Rural Area, Policy 5 - Development Management and Placemaking and GBRA1 - Rural Design and Development. In addition, the proposals require to be assessed against the guidance contained within Policy GBRA7 - Small Scale Settlement Extensions which is the most relevant to the assessment of the application. Policies 2 – Climate Change, 14 - Natural and Historic, 15 – Travel and Transport and NHE16 - Landscape are also of relevance to the determination of this application. 3.2 Relevant Government Advice/Policy 3.2.1 In terms of residential development, Scottish Planning Policy (SPP) advises that the planning system should identify a generous supply of land to support the achievement of housing land requirements and maintaining at least a 5 year supply of land at all times. It should also enable the development of well designed, energy efficient, good quality housing in sustainable locations and focus on the delivery of allocated sites. Consideration should be given to the re-use or re-development of brownfield land before development takes place on greenfield sites. 55
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3.3 Planning Background 3.3.1 Planning Applications CL/05/0749 and CL/07/0736 for dwellinghouse (Outline) were refused in February 2006 and June 2007 respectively. 4 Consultation(s) 4.1 Network Rail - No objection/comments to this application. Response: Noted. 4.2 West of Scotland Archaeology Service – In terms of the current application, the removal of the standing building is not considered to raise a particular archaeological issue, as it did not appear on either the 1st or 2nd edition OS maps, indicating that it is likely to be of 20th century date. The proposal would also see the removal of a section of the former track bed, however, as this is a linear feature, the removal of a small section of it would not represent a major loss. Aware that buildings already overlie the route of the former branch line in the area to the west. This would leave the issue of the removal of the derelict railway bridge. This is obviously a visible element of the local historic environment, and as such, it would ideally be retained. However, given its nature and date of construction, the bridge is not of such importance as would lead to advice that planning permission should be refused to secure its continued survival. Instead, advise that if the Council is minded to grant consent for the removal of the bridge and the subsequent development of the plot, a condition should be attached requiring an archaeological standing building survey of the extant structures. Response: Noted. The recommended condition will be attached if consent is granted. 4.3 Symington Community Council – No response received to date. Response: Noted. 4.4 Countryside and Greenspace - It is acknowledged that the applicant recognises the need to replace the western path link lost with the proposed works but there is no detail on specification other than width. The verge and proposed alignment of path do not appear to be in ownership of the applicant and if so the Council’s Roads and Transportation Services would need to be consulted. The proposed roadside path if on the Council’s Roads and Transportation Services’ property will need to be constructed to adoptable standards. If the proposed path is contiguous with the public road it will need a bound surface of bitmac construction otherwise it will degrade very quickly due to the proximity of the road and effects of vehicular traffic. If a path of unbound surface is proposed, then it would need to be separated from the vehicular carriageway. The 2m width is acceptable. Again, consultation with the Council’s Roads and Transportation Services is required. The path width of the ’Proposed 1200mm pedestrian access track to connect to the existing nature walk’ should be increased to 1500mm minimum to allow comfortable passage of two-way users in what may be a narrow, enclosed corridor. Unbound surface construction would be acceptable. Response: Revised drawings have been submitted which address these issues. Roads and Transportation Services who were also consulted are satisfied with the revised footpath and access details subject to recommended conditions. 4.5 Roads Development Management - The railway bridge which is to be dismantled connects to the wider core path which currently runs to the rear of the site. The removal of the railway bridge and core path to the rear of the site will be acceptable provided the footway along the frontage of the development is a minimum of 3m in width and the internal connection which connects this footway back to the core path 56
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is also 3m in width. The proposed footway along the A72 will end at the access to the existing properties off Biggar Road. To the west of this access there is a footway, however, this is segregated by a grass verge and the applicant should therefore ensure a connection is provided at this point in the form of a drop kerb pedestrian crossing over the access road. Land Services should be consulted due to the proposed re-routing of the core path. It may be necessary to stop up the footpath. In conclusion there are no objections subject to conditions covering visibility, footpaths, driveways, parking, access, and traffic management. Response: The affected footpath is not identified as a Core Path or Right of Way and is not in public ownership. The Access Officer has no objection subject to minor alterations which have been addressed by the submission of amended plans. Although a small section of the path will be removed, a satisfactory diverted route along the site frontage and eastern boundary will be laid out, joining the remaining path to the north east, where the rest of the route will be uninterrupted. The alternative path route will be 3m in width as recommended. Recommended conditions will be attached, if consent is granted. 4.6 Environmental Services - No objection subject to a condition covering restricted times for audible construction noise and informatives on demolition and construction, asbestos, and contaminants. Response: The recommended condition and informatives will be attached, if consent is granted. 4.7 Scottish Water - There is sufficient capacity at the Coulter Water Treatment Works and Symington Waste Water Treatment works. For reasons of sustainability and to protect their customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into their combined sewer system. There may be limited exceptional circumstances where they would allow such a connection for brownfield sites only, however, this will require significant justification from the customer taking account of various factors including legal, physical, and technical challenges. In order to avoid costs and delays where a surface water discharge to their combined sewer system is anticipated, the developer should contact Scottish Water at the earliest opportunity with strong evidence to support the intended drainage plan prior to making a connection request. They will assess this evidence in a robust manner and provide a decision that reflects the best option from environmental and customer perspectives. Response: Noted. If consent is granted a condition will be attached requiring confirmation from Scottish Water that they are willing to accept drainage discharge into their system, in the event that such a connection is required. 4.8 SP Energy Networks - A map has been submitted detailing infrastructure within the vicinity of the site. This shows underground cables running along the front of the western section of the site and linking into properties to the west of the site (numbers 69 and 69a Biggar Road). Response: Only the new footpath link could potentially affect these cables. A condition has been attached requiring deviation or reinstatement of statutory undertakers’ infrastructure at the developer’s expense if these cables have to be removed to accommodate the development. 4.9 Transco - Have outlined safety procedures and submitted a map which shows no gas infrastructure within the site area. Response: Noted. If consent is granted, as a precaution an informative will be attached setting down safety procedures to undertake prior to the commencement of construction. 57
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4.10 Roads Flood Risk Management - No objection subject to the development being served by an appropriate sustainable drainage system, designed in accordance with the Council’s developer design guidance and accompanied by completed self- certificates contained within appendices C, D and E. Response: Noted. If consent is granted, a condition will be attached requiring the submission and approval of drainage details and the implementation of the approved drainage prior to the occupation of the approved dwellings. 4.11 SGN Use - No response received to date. Response: Noted – See summary of response from and to Transco above. 4.12 British Telecom - No response to date. Response: Overhead wires cross the western section of the site, and it is assumed, taking account of Scottish Power and Transco responses above, that these are telephone wires. If consent is granted, a condition will be attached requiring the diversion of infrastructure at the applicant’s expense. 5 Representation(s) 5.1 In response to the carrying out of neighbour notification and the advertisement of the application in the local press for non-notification of neighbours, 6 letters of objection have been received. The issues raised are summarised below:- a) The application is on Green Belt and if allowed would encourage further sporadic development or extensions to the village boundary. Response: The site is located within the designated Rural Area where Policy GBRA7 – Small Scale Settlement Extensions allows for sensitive and proportionate expansions of existing settlements. b) The original existing building does not have planning permission and so would be sporadic development. Response: The existing agricultural building on site is subject of an approved Prior Notification. c) The proposed development would break the existing local plan boundary of the village. Response: See point a) above. d) The entrance is more or less opposite number 89 which if both were existing could cause a problem to both driveways and other motorists. Response: The property opposite is in fact number 68 Biggar Road, not number 89. In their consultation response, Roads and Transportation Services have not raised any public or traffic safety concerns. e) The current site and existing bridge is used by many walkers and if this development was granted would reduce the green space that the local community enjoy at the moment. Response: A diverted footpath will be created which does not significantly extend the length of the existing route or inconvenience walkers. The railway solum is over grown with self seeded scrub and currently the steep embankment and overgrowth is an impediment to easy access – nor does the former railway form a linear footpath route. The dilapidated agricultural building detracts from the character and its removal will result in improvements to the visual and rural amenity. Additional tree planting will enhance the landscape character. 58
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Therefore, on balance there will be no overall loss or deterioration of the amenity currently enjoyed. f) There is a long standing problem with regard to this site which has never had any Planning Permission granted. Response: The proposal has been assessed on its individual merits, taking account of relevant policies in the adopted Local Plan. g) There are severe contamination issues due to part of this site being on an old railway line. There is also a risk of methane gas associated with the contamination of the old railway line. Response: In their consultation response, Environmental Services have not objected nor raised concerns about methane gas. However, they have recommended an informative advising as follows: ‘Although the proposed development area is not on the Council's prioritised list of potentially contaminated land sites, it is recommended that an Action Plan is prepared in advance of works commencing, to guide staff in the event that any contamination is encountered during construction’. This Plan will require the Planning Authority to be advised immediately if contamination is suspected’. This informative will be attached, if consent is granted. h) The wildlife that enjoys the area should be considered such as rabbits, bats and other pond life such as newts. Response: The site is not a protected habitat, nor does it have any special biodiversity qualities. The trees on site do not appear suitable for roosting bats. The nearest pond is 100m to the south and in between is a busy road corridor, presenting a significant obstacle to migrating amphibians. Rabbits are not a threatened species and there is spacious surrounding countryside, where they can revert to, in the event of displacement, if indeed they are on the site. There is no evidence of badger sets or badger activity, however, if consent is granted, a pre-commencement condition requiring a badger survey will be attached as a precautionary measure. Also, an informative will be attached which states: ‘Should a bat roost be found during construction/demolition, then the roost must not be disturbed and an appropriate licence should be obtained from the Scottish Government as early as possible and before work proceeds’. i) There has been flooding issues in this part of Biggar Road in part because of drainage issues. Response: In their consultation response the Flood Unit have not objected subject to a condition requiring the installation of a suitably designed Sustainable Urban Drainage System (SUDS) to control surface water runoff from the site. The recommended condition has been attached. The SEPA 1:200 year flood map shows low/medium flooding on parts of Biggar Road, however, the extent of this flooding does not directly affect the development site other than the edge of the existing path to the railway bridge further to the west – a new path will be constructed along the verge, however, that won’t materially change the existing land use or cause flood displacement. j) There is also a drain on the current infrastructure water, drainage etc. Response: If Committee grant planning permission, a SUDS condition will be attached to address any drainage issues. Another condition requires the developer to take responsibility for the diversion of any infrastructure. 59
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k) There are powerlines and telephone lines etc on this site which covers neighbouring properties. Response: Existing infrastructure on site is not an impediment to granting planning permission. Relocation of existing infrastructure is the responsibility of the developer and that can be addressed by a suitably worded condition. l) Consideration should be taken into account with regard to the history of the site and the village to see if there has been any finds of items of archaeological interest and if there were any old Roman camps or trails in this area. Response: The West of Scotland Archaeological Service have not objected subject to a condition requiring an archaeological survey carried out to ensure an adequate record of the bridge before its removal. No other archaeological issues were raised in their consultation response. m) South Lanarkshire have allowed this site to have an illegal building and caravan on site for a number of years and should have taken action to have this removed as it has been an eyesore and a source of rodent infestation. Rather than grant permission the owner should be issued with a notice to remove all structures and the old caravan and clean up the site. Response: The building on site has been the subject of an approved Prior Notification for an agricultural building albeit it is in a dilapidated condition. The caravan has been abandoned and vandalised to such an extent it is now an eyesore. A condition has been attached requiring the removal of this caravan prior to the commencement of works on site. The agricultural building will inevitably have to be removed to facilitate the development. Environmental Health have separate legislative powers to deal with pest nuisance. An informative has been attached which states: ‘The applicant is advised that adequate pest control measures should be employed to ensure that any demolition and/or associated ground works occurring as part of this development do not give rise to increased pest activities’. n) Living directly opposite this proposed site may compromise road safety as objector tries to exit and enter driveway. Response: The properties opposite and the access into the proposed development fall within the 30mph speed limit zone. Roads and Transportation Services have not objected subject to conditions. o) The old bridge is part of a road used for decades by many villagers to access Camp Road and a Right of Way over Annieston Farm to Thankerton, not then having to a walk along the very busy A72 with no pavement. Response: There is no record of a registered Right of Way along the access to Annieston Farm, notwithstanding this, the section of the route from Symington, affected by the development, will be diverted via a footpath alongside the A72, laid out to a specification acceptable to Roads and Transportation Services, before continuing along a new built footpath following the eastern boundary of the site where it rejoins to route to Annieston Farm. p) Loss of public path which used to be an access path to Annieston Farm. When the owners of the farm applied to straighten the road to its current junction one of the conditions was that the existing road be left as a public pathway. To grant the application would mean the Council ignoring its own conditions. 60
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Response: The route will be diverted to accommodate the development otherwise an uninterrupted, continuous route from Symington to the access road to Annieston Farm shall be retained. The section of footpath to be diverted is owned by the applicant. q) The former railway bridge is not derelict and there is no need to demolish it. While it is never going to be a working railway bridge again, it is part of the built heritage and history of Symington and its unnecessary removal is nothing short of vandalism. Response: The bridge is simple in appearance and does not constitute a significant or unique work of civil engineering. It is not a designated Listed Building or a Scheduled Ancient Monument and the West of Scotland Archaeology Service has not objected to its removal. The bridge although interesting is not of sufficient worth to justify refusing the application in the interests of preserving built heritage. The bridge is owned by the applicant who is presumably responsible for its continuing maintenance. There does not appear to be any campaign or request for the bridge to be taken into community or public ownership. r) The destruction and removal of mature trees adjacent to Biggar Road, including native species along with the habitat they provide, is completely unnecessary as their removal is to make way for a footpath which is already existing and utilising the bridge. Response: The loss of these trees is regrettable, however, after inspection, none of them individually or as a group are of particular merit or value. The applicant proposes significant compensatory tree planting along the edge of the new path and in the paddock adjoining the eastern boundary of the site. s) The proposal would breach the firm boundary definition provided by the railway bridge. Response: On the southside of Biggar Road the settlement boundary extends further eastward beyond the location of the bridge over the now dismantled railway. A new defensible boundary will be created with the establishment of a shelter belt adjacent to the eastern boundary of the site. t) The proposal does not involve a gap site or infill site and would lead to ribbon development. Response: The proposal is assessed as being acceptable under the terms of Policy GBRA7 – Small Scale Settlement Extensions. u) The removal of the railway bridge, roadside bank and existing pathway on the western end of the plan would have a significant erosive effect on the scenic quality of the area caused by the extension of the development into the countryside as this requires the removal of several trees including Scots Pine. This vegetation contributes to the attractiveness of the village entrance. Response: See point r) above. v) The railway bridge is a claimed Right of Way. Response: There is no record of a registered Right of Way over the railway bridge. The Council Access Officer has not objected to its removal. 61
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w) The bank on the northwest side of the path up to the bridge is inside the objector’s boundary and its removal will significantly impact upon the objector’s land and will necessitate the removal of trees within. Response: The applicant asserts that the existing bridge is within her sole ownership, as indicated on the title deed plan, submitted as supporting information. There is no proposal to alter the bank to the north west of the bridge path in anyway. x) There is no indication on the plans of how the boundary with the objector’s property will be landscaped other than the roadside footpath and tree and vegetation removed. Responsibility for maintenance of such significant landscaping will lead to the on-going responsibility of the developer’s and successive owners. Response: Revised plans have been submitted detailing additional tree planting alongside the roadside footpath. If approval is granted, a condition would be attached requiring the submission and approval of a maintenance regime for the tree planting scheme. y) The infill of the land on the development site will cause a disparity with the height of the objector’s land which will remain as ex railway line at much lower level. The impact on the water table may affect flooding issues. Response: Cross sections supplied show that infilling of the track will only result in a moderate rise in ground levels from that existing. Most reprofiling relates to the embankment on the northside of the railway line. A condition has been attached requiring the installation of adequate drainage. z) The five bedroom houses do not provide a compelling reason to make an exception to the local development plan as they would not make a contribution to affordable housing for local residents with modest incomes. Response: The planning assessment concludes that the proposal complies with the adopted Local Plan therefore no exception has been made. The scale of the development is too small to require the inclusion of or contribution towards affordable housing. aa) Access to and/or parking for the building by construction or workers’ vehicles should not be made from or in front of 69/69A Biggar Road due to the substandard visibility at this place. Response: A condition has been attached requiring the submission and approval of a Traffic Management Plan detailing access and parking arrangements. The Traffic Management Plan will only be approved if it can satisfactorily demonstrate that public and traffic safety will not be compromised. bb)The objector has a right of access along Annieston farm road. Response: This is a separate legal matter which is not relevant to the planning assessment of the proposal. Indeed, it is well established that the planning process does not exist to duplicate other legal provisions. Notwithstanding this the applicant has checked titled deeds and asserts that there is no reference to a legal right of access along the section of the access which will be removed. The access to Annieston farm will not be affected. 62
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cc) The railway bridge is not derelict, it is well used by members of the public and provides a safe pedestrian and cycle access for adults and children into Symington. There is no pavement from the bottom of the farm road into Symington and it would represent an unacceptable risk to pedestrian safety. Response: The access and railway bridge are not maintained by the local authority or any other third party. The diverted access will provide a safe pedestrian route which connects onto Annieston farm road. dd)There is no reason to demolish the bridge, it is an obvious attempt to restrict public access and would be a contravention of the Right to Roam legislation. Response: Without a maintenance regime the bridge will deteriorate eventually leaving it in an unsafe condition. A suitable and safe alternative access route will be formed, with negligible inconvenience to the user. There will be no contravention of the Right to Roam legislation. ee)The route is still viable as light road access when the end of the farm road is blocked by roadworks and amenities works. Response: Due to the lack of maintenance the access is not suitable for light vehicle use nor is there a right of access to Annieston farm road via the railway bridge. 5.2 These letters are available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the adopted South Lanarkshire Local Plan 2. 6.2 Policy 4 ‘Green Belt and Rural Area’ of the adopted South Lanarkshire Local Development Plan 2 specifies that within the Rural Area the aim is to protect the amenity of the countryside while at the same time, supporting small scale development in the right places that is appropriate in land use terms and is of a high environmental quality that will support the needs of communities. It functions primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. Development which does not need to be in the countryside will be expected to be accommodated within the settlements identified on the proposals map. Isolated and sporadic development will not be supported. There are a number of instances where small scale residential development could be acceptable including redevelopment of previously developed land, gap site development, consolidation of building groups and proportionate expansion of settlements. In this case the relevant policy is Policy ‘GBRA7 Small Scale Settlement Extensions’ which states that within the Rural Area proposals for new houses on sites adjoining existing settlements will be required to meet the following criteria:- 1. The development shall round off the existing built form of the settlement and maintain a defensible settlement boundary. This should be achieved through the retention or enhancement of existing features or by additional structural planting. 2. The proposals shall respect the specific local character and the existing pattern of development within the settlement. The development should be of a scale proportionate to the size of the existing settlement. 3. The location, siting and design of the new house(s) shall meet existing rural design policy and guidance as set out in Policy GBRA1 and in supporting planning guidance. 6.3 The site is located at the southeastern edge of Symington – it is bounded to the west by dwellings in the settlement boundary and also to the south, on the farside of Biggar Road, by detached dwellings within the settlement boundary. In considering the shape of the settlement boundary in this location, where the boundary to the south runs beyond the 63
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eastern extremity of the site, the proposal, in such circumstances represents a logical rounding off of the settlement edge. The proposal is small scale and proportionate to the settlement size of Symington. The proposed dwellings will front onto Biggar Road, reflecting the development pattern aligning Biggar Road to the west and south. The proposed shelter belt planting along the eastern boundary will create a definitive and defensible boundary. Therefore, it is considered that from a land use perspective the proposal is acceptable and accords with Policies 4 and GBRA7. 6.4 The proposed development has also been considered against Policies 5 ‘Development Management and Place Making’ and GBRA1 ‘Rural Design and Development’. Proposals should not have a significant adverse impact on the local area and address the six qualities of placemaking. In addition, any new development must relate satisfactorily to adjacent and surrounding development in terms of scale, massing, materials and intensity of use. Proposed developments shall be well related to locally traditional patterns of scale and shall avoid the introduction of suburban-style developments into the rural environment. Proposals specifically for residential development should not be isolated or sporadic. The character and amenity of the area must not be impaired by reason of traffic generation, parking, overshadowing, overlooking or visual intrusion. Development proposals shall incorporate suitable boundary treatment and landscaping proposals to minimise the visual impact of the development on the surrounding landscape. Existing trees, woodland and boundary features such as beech and hawthorn hedgerows and stone dykes, shall be retained on site. Proposals shall be readily served by all necessary infrastructure. Proposals shall have no unacceptable significant adverse impact on the natural and historic environment and no adverse effect on the integrity of Natura 2000 sites. 6.5 The application site relates to a dismantled railway, railway bridge, footpath and paddock with dilapidated agricultural shed which structurally is falling apart – beside this building is an abandoned caravan. There has already been a history of development along the former railway to the west of the site and therefore the opportunity for a continuous transport corridor or footway has been lost. The railway bridge which will be removed is not visually distinctive or of historic or engineering relevance whereby its preservation is important to the local heritage. The existing building and abandoned caravan are an eyesore which detracts from the entrance into the village therefore the redevelopment of this brownfield site is a positive opportunity to replace a sense of dereliction with a small scale residential development at the settlement edge. Although trees will be felled to accommodate the development, adequate compensatory planting is proposed. No important landscape features will be lost, and the proposal will not have a significant impact upon protected habitats or species – as a precaution a condition requiring a badger survey has been applied. Suitable parking has been provided and Roads and Transportation Services in their consultation response have not raised any traffic or public safety issues. There are no infrastructure constraints. The proposed dwellings will integrate successfully into the settlement edge of Symington. It is a good quality design, sensitive to the rural character and will be finished in render and slate (or slate substitute). The plots and garden sizes reflect the average for the area and accord with the Residential and Rural Development Guides. In consideration the proposal is an appropriate form and scale of development for this location and therefore complies with Policies 5 and GBRA1. 6.6 Policy 2 ‘Climate Change’ seeks to, where possible, minimise and mitigate against the effects of climate change and sets out a range of criteria which new development should consider to achieve this. To help meet government targets on climate change the need for development to be served by renewable energy sources and electric vehicle recharging infrastructure are highlighted. 6.7 If Committee grant Planning Permission, conditions will be attached requiring renewable energy, electrical vehicle recharging points and tree planting. There is no evidence that the site is at risk from flooding and a condition would be applied requiring the installation of an approved Sustainable Urban Drainage System. The proposed development is consistent with Policy 2. 64
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6.8 Policy 14 – Natural and Historic Environment states that the Council will assess all development proposals in terms of their impact on the natural and historic environment, including landscape. The Council will seek to protect important natural and historic sites and features from adverse impacts resulting from development, including cumulative impacts. Category 3 areas include Special Landscape Areas where development which would have a significant adverse impact following the implementation of mitigation measures will only be permitted where the effects are outweighed by significant social or economic benefits. Policy NHE16 – Landscape advises that development proposals within Special Landscape Areas will only be permitted where they can be accommodated without having an unacceptable significant adverse effect on the landscape character, scenic interest and special qualities and features for which the area has been designated. All proposed development should take into account the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. 6.9 The site falls within the Broad Valley Upland Landscape type where the consolidation of smaller rural settlements is favoured over incremental residential development in open countryside. Another aim is to conserve natural river landscapes by discouraging schemes which introduce engineered features or structures. The design has been influenced by traditional rural architecture and the minor infilling of a former railway line cannot be described as an engineered feature - the development will sensitively integrate into its setting consolidating the northeast edge of Symington. No features which make a significant contribution to the landscape character of the area will be affected. Some scrub and a group of medium mature trees along the frontage will be removed to accommodate the development, however, the removed trees will be replaced by additional tree planting to the west and east of the site. In considering the above, the proposal complies with policies 14 and NHE16. 6.10 Policy 15 – Travel and Transport states that existing walking and cycling routes will be safeguarded and enhanced where appropriate. The loss of these routes will only be acceptable where compensatory replacement can be provided. 6.11 A section of an existing footway including a railway crossing bridge will be removed, however, an acceptable and safe alternative diverted route will be provided thereby ensuring a continuous, uninterrupted route. The diversion is minor in nature and will not result in any inconvenience or a significant extension in the length of the route. Therefore, the proposal is consistent with the terms of Policy 15. 6.12 Overall, the proposed layout, design, location and impact of the development on the surrounding amenity is considered to be acceptable. The proposals represent an appropriate form of residential development for the site, and it is, therefore, recommended that detailed planning consent be granted subject to the conditions listed. 7 Reasons for Decision 7.1 The proposal will have no adverse impact on residential amenity, the setting of Symington or landscape character and raises no road safety concerns. The development complies with Policies 2, 4, 5, 14, 15, GBRA1, GBRA7 and NHE16 of the adopted South Lanarkshire Local Development Plan 2 together with the relevant Supplementary Guidance. David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references CL/05/0749 CL/07/0736 65
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List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated ► Consultations Network Rail 06.06.2022 West of Scotland Archaeology Service 15.06.2022 Symington Community Council Countryside and Greenspace 01.06.2022 Roads Development Management Team 28.09.2022 Environmental Services 26.08.2022 Scottish Water 06.06.2022 SP Energy Networks 09.09.2022 BT Cellnet TRANSCO Roads Flood Risk Management 09.09.2022 SGN Use British Telecom ► Representations Dated: Mr Eamonn Courtney, Woodemailing House, 66 Biggar Road, Symington, Biggar, ML12 6FT 13.06.2022 Julian and Karen Dow, 69 Biggar Road, Symington, Biggar, ML12 6FT 22.06.2022 Linda Garrish, 69A Biggar Road, Symington, Biggar, ML12 6FT 27.06.2022 Mrs Sheena Carlyle, 68 Biggar Road, Symington, Biggar, Lanarkshire, ML12 6FT 15.06.2022 Mr Robin Thompson, Annieston Farm, Symington, Biggar, ML12 6LQ 29.10.2022 29.10.2022 Mr F Thompson, Annieston Farm House, Symington, Biggar, ML12 6LQ 27.10.2022 27.10.2022 66
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Contact for further information If you would like to inspect the background papers or want further information, please contact:- Ian Hamilton, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 845 733 Email: ian.hamilton@southlanarkshire.gov.uk 67
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Detailed planning application Paper apart – Application number: P/22/0771 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 roof of the dwellings, hereby approved, shall be clad externally in natural slate or a slate substitute which closely resembles slate. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That before development starts, full details of the design and location of all fences and walls, including any retaining walls, to be erected on the site shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 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 03, 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 trees within the application site shall be lopped, topped, pollarded or felled, or otherwise affected, 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 within the site. 06. 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. 68
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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. 07. Prior to completion of the development, full details of the tree planting scheme, shown on the Block Plan as Proposed (Dr no: AR2118(FS)003 Rev J), shall be submitted to and approved in writing by the Council as Planning Authority. This will include planting and maintenance specifications, including cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period. All tree planting shall be carried out in accordance with those details and at those times. Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works or five years of the carrying out of the tree planting scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season. Reason: To enhance the natural heritage of the area. 08. That the approved tree planting shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the dwelling 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. 69
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09. That no dwellinghouse shall be occupied until the developer provides a written agreement from Scottish Water that the site can be served by a water and sewerage scheme constructed to the specification and satisfaction of Scottish Water as the Water and Sewerage Authority. Reason: To ensure that the development is served by an appropriate effluent disposal system and water supply. 10. 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 Developer Design Guidance (May 2020) and shall include the following signed appendices: C 'Sustainable Drainage Design Compliance certificate', D 'Sustainable Drainage Design Independent Check Certificate' and E 'Confirmation of Future Maintenance of Sustainable Drainage Apparatus' . The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved in writing 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. 11. Prior to the commencement of works on site, the applicant will require to provide confirmation from Scottish Water that they are willing to accept the drainage discharge and design. Reason: To ensure that the site will be effectively drained. 12. Prior to development commencing, the developer shall secure the implementation of an archaeological standing building survey of the extant structures, to be carried out by an archaeological organization acceptable to the Planning Authority. The scope of the archaeological standing building survey will be set by the West of Scotland Archaeology Service on behalf of the Planning Authority. The name of the archaeological organization 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 the survey commences. Copies of the resulting survey shall be deposited in the National Record for the Historic Environment Scotland and in the local Historic Environment Record upon completion. Reason: To ensure that an adequate record of the bridge prior to its removal. 13. That no development shall take place until surveys to determine the presence or absence of badgers within the site and on the land immediately adjacent to the site have been undertaken and submitted to and approved by the Council as Planning Authority. The development shall not begin until any such action as is recommended by these surveys has been implemented and completed in accordance with the agreed details. Reason: In order to protect badgers. 70
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14. The applicant shall ensure that audible construction activities shall be limited to, Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday - No audible activity. No audible activity shall take place during local and national bank holidays - without the prior written approval of the planning authority. Under exceptional conditions the above time restrictions may be further varied subject to written agreement with the council as Planning Authority. Reason: To minimise noise disturbance to nearby residents. 15. That the developer shall arrange for any alteration, deviation or reinstatement of statutory undertakers apparatus necessitated by this proposal all at his or her own expense. Reason: In order to retain effective planning control. 16. That unless otherwise agreed in writing, pedestrian access across the former railway bridge and along the northern boundary of the site shall remain unimpeded at all times until the diverted route, detailed on the Black Plan as Proposed (Dr no: AR2118(FS)003 Rev J) has been completed and is available for public use. Reason: In the interests of public access. 17. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4metres by 60 metres measured from the road channel shall be provided to the left of the vehicular access and a visibility splay of 2.4metres by 43 metres measured from the road channel shall be provided to the right of the vehicular access as indicated in Drawing AR21118(FS) 003 Rev J of the approved plans 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. 18. That all dwellinghouses with garages shall have driveways with a minimum length of 6 metres measured from the heel of the footway/service strip and the first 2 metres of each driveway as measured from the heel of the footpath shall be hard surfaced across its full width to prevent deleterious material being carried onto the road. Reason: To ensure the provision of adequate on-site parking facilities to reduce the incidence of roadside parking. 19. That no dwellinghouse 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. 20. 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. 71
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Reason: In the interests of traffic and public safety. 21. 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 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 as well as to preserve the amenity of the surrounding area. 22. Prior to the occupation of the dwellings, the developer shall provide a drop kerb pedestrian crossing over the access road to the west of the site to link the proposed footpath with the existing footpath along the A72, to the satisfaction of the Council as Planning and Roads Authority. Response; In the interests of public safety. 23. Prior to the commencement of development on site, an energy statement covering the new build element of the approved development which demonstrates that on-site zero and low carbon energy technologies contribute at least an extra 10% reduction in CO2 emissions beyond the 2007 building regulations carbon dioxide emissions standard, shall be submitted to and approved in writing by the Council as Planning Authority. The statement shall include: a) the total predicted energy requirements and CO2 emissions of the development, clearly illustrating the additional 10% reduction beyond the 2007 building regulations CO2 standard; b) a schedule of proposed on-site zero and low carbon energy technologies to be included in the development and their respective energy contributions and carbon savings; c) an indication of the location and design of the on-site energy technologies; and d) a maintenance programme for the on-site zero and low carbon energy technologies to be incorporated. Reason: To secure a reduction in carbon dioxide emissions. 24. That prior to the commencement of works, details and locations of charging points for electrical cars, at a rate of one charging point per house plot, shall be submitted for the written approval of the Council as Planning Authority. Prior to the completion of the development the approved charging points shall be installed, available for use and thereafter maintained and replaced where necessary to the satisfaction of the Council. Reason: To ensure facilities for recharging electrical cars are available for the use of the residents. 72
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25. 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. 26. The approved on-site zero and low carbon energy technologies shall be fully installed and operational prior to the occupation of any approved buildings and shall thereafter be maintained and shall remain fully operational in accordance with the approved maintenance programme, unless otherwise agreed in writing by the Council as Planning Authority. Reason: To secure the timeous implementation of on-site zero and low carbon energy technologies. 27. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 28. That before any development commences on site, the existing caravan shall be removed from the site to the satisfaction of the Council as Planning Authority. Reason: To ensure the site does not detract from the visual amenity of the surrounding. 29. That prior to any work commencing on the site, a maintenance management schedule for the tree planting scheme approved under the terms of Condition 07 shall be submitted to and approved by the Council as Planning Authority. Thereafter, the landscaping shall be maintained in accordance with the approved management schedule to the satisfaction of the Council. Reason: In the interests of the visual amenity of the area. 73
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0251 Revision to layout, substitution of house types and erection of additional 13no. dwellings (267 in total) at previously approved housing development with associated landscaping and parking (amendment to P/19/1502) 1 Summary application information Amended •Application type: Detailed planning application • Applicant: Avant Homes Scotland •Location: Land 148M North Northwest of Dunrobin Newlands Road East Kilbride 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: ♦ Council Area/Ward: 06 East Kilbride South ♦ 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 6 75
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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) ♦ Representation(s): ► 1 Objection Letters ► 0 Support Letters ► 1 Comment Letters ♦ Consultation(s): Roads Development Management Team Roads Flood Risk Management Environmental Services Scottish Water SP Energy Networks SEPA West Region 76
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Planning Application Report 1 Application Site 1.1 This application relates to a proposed residential development of 267 dwellings on land allocated within the Community Growth Area (CGA) in East Kilbride. The site sits west of Newlands Road on the southern edge of East Kilbride and is on the south-eastern edge of the masterplan site approved under EK/09/0218. The masterplan site was a Permission in Principle application for a mixed-use development comprising residential, retail and education uses and associated engineering works for site infrastructure, new access and distributor road, formation of open space framework with landscaping work. The site also has an existing planning permission for 254 dwellings approved under application P/19/1502. 1.2 This site was previously agricultural land with some trees and hedgerows and has varied topography with the land generally sloping down towards Newlands Road. This site forms part of a larger residential site being developed by Avant Homes Scotland. However, as the changes proposed under this application relate to the north and eastern parts of the overall site, the application site boundary has been drawn to reflect this. As such, this application site is bounded to the east by Newlands Road and to the south-east and south-west, by existing houses and the remainder of the Avant Homes Scotland site. To the north and north-west of the site is agricultural land with the Bellway Homes site to the north-east. The application site covers an area of approximately 5.6 hectares with the full Avant Homes site extending to approximately 11 hectares. As there is an existing consent on the site as noted above, works are already underway. 2 Proposal(s) 2.1 This application is an amendment to planning application P/19/1502 which was approved for 254 dwellings with associated infrastructure in December 2019. As noted, this amended application relates to the north and eastern sections of the site and is a revision to layout, substitution of house types and erection of an additional 13no. dwellings with associated landscaping and parking. As such, this would take the Avant Homes site from 254 dwellings to 267 dwellings. 2.2 As per the previous consent, the proposed layout has a single vehicle access point on the new primary road for the CGA and includes pedestrian links to further phases of development within the CGA area, in line with the principles established in the masterplan. The development will also link in with other masterplan areas and their infrastructure such as open space, play areas and SUDs. The proposed houses are a mixture of 2, 3, 4 and 5 bedroom semi-detached, detached and terraced dwellings finished in a mix of materials including render, facing brick and concrete tiles. 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 forming part of the designated East Kilbride Community Growth Area and is allocated as a Proposed Housing site. As such, the following policies are all relevant to the assessment of this development:- 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 77
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Policy 16 – Water Environment and Flooding Policy DM1 – New Development Design Policy SDCC2 – Flood Risk Policy SDCC3 – Sustainable Drainage Systems 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 application EK/09/0218 was originally approved by the Planning Committee in December 2011, subject to the conclusion of a legal agreement to cover matters relating primarily to developer contributions. A revised masterplan was submitted in October 2016 and subsequently approved at Planning Committee in June 2018, subject to the conclusion of a legal agreement. This legal agreement has been finalised and the decision notice for EK/09/0218 was issued in October 2019. Planning permission was granted at Planning Committee for the primary road in August 2017 (EK/17/0305) and the first Matters Specified in Condition application (P/18/1629) was approved at Committee in October 2019. A reserved matters application for this site for 254 dwelling was approved under application P/19/1502 in December 2019. It is noted that works are underway on site. 4 Consultation(s) 4.1 Roads Development Management Team – no objection to the proposal subject to the attachment of conditions in relation to footpath links, surfacing, the provision of a Construction and Traffic Management Plan and visibility splays as per the conditions of previous application P/19/1502. Response: Noted. Should permission be granted, the requested conditions can be attached. 4.2 Environmental Services – no objections to the proposal subject to the attachment of advisory notes in relation to noise. Response: Noted. Should permission be granted, appropriate advisory notes can be attached. 4.3 Roads Flooding Section – no response received to date. Response: Should permission be granted; appropriate SUDs conditions can be attached 4.4 Scottish Water – no objections to the proposal. Response: Noted. 4.5 SP Energy Networks – no objections to the proposal. Response: Noted. 4.6 SEPA – no comments to make on the proposal. Response: Noted. 78
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5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and the proposal was also advertised in the local press as not all neighbours could be identified. Two letters of representation have been received, the points of which are summarised below:- a) Will the sections of Newlands Road that border this proposal be upgraded with a footpath and lighting? The section of road between Barrow Drive and Dunrobin has no footway making this unsafe for pedestrians and cyclists. Response: The areas within the site boundary that border Newlands Road will be upgraded to include a footway and any street lighting implemented will be in line with Roads and Transportation Service’s requirements. b) The revised layout contains much more parking to the front of the properties within the terraced units. Most of the detached dwellings now have parking to the front and include an integral garage instead of a detached garage as per the previous consent. This results in a car orientated street scene. Response: Whilst it is noted that the amended plans result in additional parking requirements for some plots and the removal of detached garages at other plots, the applicant advises the revision provides a wider range of house types and sizes to reflect varying needs. As adequate parking must be provided per property and the Council’s Roads and Transportation Services are satisfied with the proposal; the Planning Service considers the amendment acceptable in this instance. 5.2 These letters are available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 Avant Homes Scotland seek consent for the revision to layout, substitution of house types and erection of additional 13no. dwellings (267 in total) at a previously approved housing development with associated landscaping and parking (amendment to P/19/1502) on land forming part of the East Kilbride Community Growth Area (CGA). As detailed above, the site benefits from Planning Permission in Principle EK/09/0218 as well as approval of matters specified in conditions application P/19/1502 for 254 dwellings. The latter related to the housing layout and associated works and as such, the current proposal is for an amendment to this. The determining issue in the assessment of this proposal is its compliance with local development plan policy and any other material considerations. 6.2 In this case, the adopted South Lanarkshire Local Development Plan 2 (2021) identifies the site 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) to reflect the designation of the CGA. Therefore, in general land use and policy terms, and given the previous consent at the site, residential development is acceptable at this site. 6.3 In respect of Policy 7 - Community Infrastructure Assessment, it is noted that the legal agreement associated with planning permission EK/09/0218 set out the requirement for developer contributions applicable to this site to cover infrastructure impacts associated with education, road and transportation, affordable housing and community facilities. The proposed development, as per the previous application, does not include any on-site affordable housing provision, however, as stated above, the provision of affordable housing associated with the CGA has been dealt with holistically as part of the approved masterplan and legal agreement associated with 79
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EK/09/0218. This approach has been agreed with Housing Services and, as such, the proposal is in accordance with Policy 12 - Affordable Housing of the LDP2. 6.4 Policy 5 – Development Management and Placemaking advises that to ensure all developments take account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Policy 2 – Climate Change also seeks to ensure that developments seek to minimise and mitigate against the effects of climate change and that development does not result in any significant environmental or amenity impacts. Policy DM1 – New Development Design also requires development to promote quality and sustainability in design and layout. The Council’s Residential Development Guide (RDG) (2011) is also relevant and provides guidance on the design and layout of new housing developments. 6.5 In terms of the changes to the previously approved layout, as noted above, this includes the incorporation of an additional 13no. plots. In this case, the revised mix of 19 house types will also include a number of 2 bedroom terraced properties, as well 3, 4 and 5 bed detached, semi-detached and terraced properties as per the previous layout. As before, access to the site is via a single access point from the new primary road. 6.6 In terms of Policies 2, 5 and DM1 and the Council’s RDG, 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 approved masterplan. The plots can meet the requirements of the RDG in terms of window-to-window distances, garden sizes and parking requirements. In addition, it is considered that the proposed development would integrate with other residential developments in the vicinity. In terms of landscaping, the site includes some landscaped areas and planting and the greater CGA will benefit from large areas of informal and formal open space. 6.7 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 with access to adjacent developments in accordance with the masterplan. 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 Policy 16 – Water Environment and Flooding, SDCC2 – Flood Risk and SDCC3 – Sustainable Drainage Systems, the proposal includes sustainable drainage features. Whilst no response has been received from the Council’s Roads Flood Risk Management team, there was no objection to the previous drainage proposals at the site, which remain unchanged. As such, should permission be granted, appropriate conditions would be attached to the consent issued. 6.8 As detailed above, following neighbour notification and advertisement in the local press, one objection and one letter of comment were received, the points of which are summarised in section 5 above. Whilst the points raised have been noted, it is not considered they merit refusal of the application. 6.9 In conclusion, the amendment to the layout and house types will have no adverse impacts on amenity, road safety, or environmental impacts and, as such, it is considered the proposal complies with Policies 1, 2, 5, 7, 11, 12 and 16 of the adopted South Lanarkshire Local Development Plan 2 (2021), as detailed above. It 80
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is therefore recommended that planning permission is granted, subject to the conditions attached. 7 Reasons for Decision 7.1 The proposal will have no significant adverse impact on amenity, public safety or the local environment and complies with the provisions of Policies 1, 2, 5, 7, 11, 12, 16, SDCC2, SDCC3 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references P/19/1502 EK/09/0218 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 6 April 2022 ► Consultations Roads Development Management Team 25.04.2022 & 31.10.2022 Roads Flood Risk Management No response Environmental Services 26.10.2022 Scottish Water 05.05.2022 SP Energy Networks 08.04.2022 SEPA West Region 27.04.2022 ► Representations Dated: Mr Campbell Stewart, 2 James Shepherd Grove, East Kilbride, Glasgow, G75 8WT 03.05.2022 Mr Gary Tierney, 46 Nevis Avenue, Hamilton, ML3 8UA 13.05.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Julie Pepper, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 842 709 Email: julie.pepper@southlanarkshire.gov.uk 81
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Detailed planning application Paper apart – Application number: P/22/0251 Conditions and reasons 01. That no development shall commence until drainage and flood risk details to include signed appendices 1 to 5 shall be submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the surface drainage works and any required flood mitigation 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. 02. That notwithstanding the approved plans and prior to the commencement of development, details of how the SUD's area is to be maintained shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the maintenance access road shall be a minimum of 3m wide. A turning area is also required, therefore a tracking drawing to demonstrate vehicle accessing/exiting the maintenance area is also required. Reason: To ensure that satisfactory maintenance facilities are provided, in the interests of safety. 03. That prior to the commencement of development, detailed specifications (including any required temporary fencing) for the remote footpath links submitted to and approved in writing by the Planning Authority. Reason: To ensure that adequate pedestrian connections are provided. 04. That unless otherwise agreed in writing with the Planning Authority, the footpath links referred to in condition 3 above shall be completed prior to the occupation of the 10th last dwellinghouse on the site. Reason: To ensure that adequate pedestrian connections are provided. 05. The first 2 metres of driveways must be surfaced, trapped and sealed to prevent any deleterious material or water from leaving the driveway and entering the carriageway. Reason: In the interests of road safety. 06. That prior to development commencing, the applicants shall submit a Construction and Traffic Management Plan (TMP). The TMP will identify the construction access point, construction phasing (as per drawing number JCGA-CPP-001 B, unless otherwise agreed) and appropriate cleaning systems within the site to ensure mud and debris are not deposited on the public road. The TMP shall also show how vehicles can access and exit the site in forward gears. In addition, sufficient parking should be provided within the site boundary to accommodate all site staff/operatives parking requirements. A plan showing the 82
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turning area and location and number of spaces for site staff / operatives should be submitted for approval. No works shall commence on site until these details have been approved in writing by the Council as Planning Authority. Reason: In the interests of road and public safety. 07. That all road junctions vehicular shall have a vehicular visibility splay of 2.4m x 43m and within these splays nothing over 900mm in height (including trees and shrubbery) shall be permitted. Reason: In the interests of road and public safety 08. That all driveway accesses shall have a visibility splay of 2m x 20m and within these splays nothing over 900mm in height (including trees and shrubbery) shall be permitted. Reason: In the interests of road and public safety. 09. That pedestrian visibility shall be 2.4m x 2.4m. Reason: In the interests of public safety. 10. That the remote footpath at Newlands Roads shall have a visibility splay of 2m x 35m and within these splays nothing over 900mm in height (including trees and shrubbery) shall be permitted. Reason: In the interests of road and public safety. 11. That prior to development commencing, details of the swept path analysis shall be submitted to and approved in writing by the Council as Planning Authority. Reason: In the interests of road and public safety. 12. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:(a) 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; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. Reason: In the interests of the visual amenity of the area. 13. 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 amenity. 83
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14. That no development shall take place until the implementation of a programme of archaeological works for the site, in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority in consultation with the West of Scotland Archaeology Service. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented for the relevant part(s) of the site and that all recording and recovery of archaeological resources is undertaken to the satisfaction of the Planning Authority, in consultation with the West of Scotland Archaeology Service. Reason: In order to safeguard any archaeological items of interest or finds. 15. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 84
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0363 Erection of 64 dwellinghouses, associated infrastructure and landscaping (approval of matters specified in conditions 1(a-r), 3, 4, 6, 8, 9, 10 and 12 of planning permission in principle EK/09/0218) 1 Summary application information Amended •Application type: Approval of matters specified in conditions •Applicant: CALA Homes (West) •Location: Cala Development Site 250M East of Easter House Jackton Road Jackton 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 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: None ♦ 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 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) 7 87
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♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 2 Comment Letters ♦ Consultation(s): Roads Development Management Team Environmental Services Roads Flood Risk Management Scottish Water SP Energy Networks Estates Services Jackton and Thorntonhall Community Council Strathclyde Partnership for Transport (SPT) 88
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Planning Application Report 1 Application Site 1.1 The application site, which measures approximately 3.5 hectares, forms part of the East Kilbride Community Growth Area (CGA) and is located to the south-east of Eaglesham Road, Jackton. The site is situated towards the north of the wider masterplan area approved as part of Planning Permission in Principle application EK/09/0218 for the CGA for a “mixed use development comprising residential, retail and education uses and associated engineering works for site infrastructure, new access and distributor road, formation of open space framework with landscaping work”. 1.2 The site comprises open agricultural land with a varied topography and gently undulates throughout. The site is bounded on all sides by other areas of the CGA, including the adjacent residential site to the north-west which is currently being developed by CALA. The designated central open space area of the CGA is located directly to the south-west of the application site. Areas of the CGA to the east of the site are, as yet, undeveloped. 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 layout relates to the construction of 64 detached dwellinghouses accessed via two spur roads off the main spine road through the CGA. Three separate vehicular accesses are proposed to be put in place to connect the proposed development to the spur roads. Additional pedestrian connectivity from the proposed development to adjacent recreational area and the wider CGA are also proposed to be included as part of the works, in line with the principles established in the masterplan. The proposal also includes the provision of a SUDS pond to serve the development. The proposal has been broadly designed in accordance with Designing Streets principles with dwellings fronting both internal roads within the site as well as the spur roads that connect the development to the wider CGA. 3 Background 3.1 Local Plan Status 3.1.1 In land use terms, the site is identified within the South Lanarkshire Local Development Plan 2 (adopted 2021) as forming part of the East Kilbride Community Growth Area (Policy 1 – Spatial Strategy) and is allocated as a proposed housing site (Policy 11 – Housing). 3.1.2 In addition to the above policy designations, which provides the overarching local development plan policy direction for the CGA, the proposed development is affected by a number of additional policies within the Local Development Plan, as follows:- Policy 2 – Climate Change Policy 5 – Development Management and Placemaking Policy 7 – Community Infrastructure Assessment Policy 12 – Affordable Housing Policy 16 – Water Environment and Flooding 89
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These policies are further supported by additional development management policies contained within Volume 2 of the adopted Plan and discussed in Section 6 below. 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. Furthermore, SPP states that the planning system should enable provision of a range of attractive, well-designed, high-quality housing that contributes to the creation of successful and sustainable places. 3.3 Planning Background 3.3.1 Planning application EK/09/0218 was originally approved by the Planning Committee in December 2011, subject to the conclusion of a legal agreement to cover matters relating primarily to developer contributions. A revised masterplan was submitted in October 2016 and subsequently approved by the Planning Committee in June 2018, subject to the conclusion of a legal agreement. This legal agreement has now been concluded and registered allowing planning permission EK/09/0218 to be issued in October 2019. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management Team) – following detailed discussions between the prospective developers and the Council’s Planning and Roads Services, the development layout has been adjusted to ensure that the parking, access and footpath specifications are in compliance with the Council’s standards and to ensure that appropriate pedestrian and cycle connectivity is provided throughout the development and with nearby local facilities. On this basis, Roads and Transportation Services have confirmed that they have no objections to the proposals as put forward, subject to compliance with conditions and roads construction consent requirements. Response: Noted. Appropriate conditions and advisory notes can be added to any consent granted. 4.2 Roads and Transportation Services (Flood Risk Management Team) – have not responded to date. Response: Noted. Appropriate conditions would be attached to any consent granted in accordance with the principles of the masterplan for the site to ensure that there are no flood risk issues arising from the proposed development. 4.3 Environmental Services – offered no objections subject to the imposition of a condition relating to the assessment of radon gas risks associated with the site. Response: Noted. Appropriate conditions can be added to any consent issued. 4.4 Estates Services – offered no objections to the proposed development. Response: Noted. 4.5 SEPA – offered no objections to the proposed development. Response: Noted. 90
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4.6 Scottish Water – offered no objections to the proposed development. Response: Noted. 4.7 SP Energy Networks – have not responded to date. 4.8 SPT – have not responded to date. 4.9 Jackton and Thorntonhall Community Council – have not responded to date. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and the application was advertised in the local press for neighbour notification purposes. Two letters of comment were submitted in response. The points raised are summarised as follows:- a) The writer seeks clarification with regard to car parking provision within the proposed development. Response: The Council’s Roads Service has assessed the application and, further to improvements to the layout provided by the applicants at the request of the Service, has confirmed that the proposals comply with all relevant Roads and Transportation related requirements, including with regard to car parking provision. b) The writer seeks to ensure that adjacent open space and wooded areas are made available to residents of the proposed development. Response: The writer makes specific reference to an area of trees which is outside the application site boundary for this application and therefore cannot be considered as part of this specific proposal. However, in general terms, the principles of the wider masterplan seek to maximise connectivity to green space areas as appropriate and this is reflected in respect of this specific application which is located directly adjacent to and connected to the designated central recreational area within the CGA. c) The writer confirms their support for the proposed development but also provides a number of suggested improvements to the proposed layout. Response: The writer’s support for the proposals as well as the suggested improvements are noted. Since the submission of the letter the layout has been amended by the applicants and points raised by the writer have been accounted for as part of the amended proposals. It is noted that a number of the points raised relate to matters associated with the wider CGA beyond the site boundary for this particular application but would be accounted for as part of future applications for other areas of the overall CGA site. 5.2 These letters are available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 The applicant, CALA Homes (West), seeks consent for the erection of 64 detached residential dwellings with associated infrastructure works on land forming part of the East Kilbride Community Growth Area (CGA). The site benefits from Planning Permission in Principle (Planning Ref: 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 91
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this application are whether the proposed development is in compliance with local development plan policy. 6.2 The South Lanarkshire Local Development Plan 2 (adopted 2021) 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) 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 Local Development Plan. 6.3 In respect of Policy 7 - Community Infrastructure Assessment it is noted that the legal agreement associated with Planning Permission in Principle 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 does not include any on-site affordable housing provision, however, the provision of affordable housing associated with the CGA has been dealt with holistically as part of the approved masterplan and the legal agreement associated with EK/09/0218. This approach has been agreed with Housing Services and, as such, the proposal is considered to be in accordance with Policy 12 – Affordable Housing of the LDP. 6.4 In addition to the payment of financial contributions, the provision of amenity, play provision and community facility requirements as identified within the Council’s Residential Development Guide is proposed, either within the application site boundary itself or within adjacent locations within the CGA that will serve this site. 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 into account, it is considered that the proposal is acceptable with regard to the requirements of Policy 7 of the LDP. 6.5 In terms of the detail of the proposal, Policies 5 – Development Management and Placemaking and DM1 – New Development Design of the LDP state 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 64 residential properties, served by two spur roads linking the development with the main spine road which traverses the wider CGA site. The proposed house types, 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 would fit in appropriately with surrounding residential developments in this part of East Kilbride and would not result in adverse landscape impacts due to the topography of the CGA site. In general, the layout has been designed to provide attractive streets and to ensure that public areas and connections are overlooked by dwellings where possible, to encourage pedestrian movement. 6.6 With regard to potential amenity and road safety impacts, following discussions with the Planning and Roads Services, further amended details have been provided 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 92
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provided throughout the development. 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 surrounding amenity 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. In terms of flood risk and impact on the water environment (Policies 16, SDCC2 and SDCC3 of the LDP), it is noted that the proposal includes sustainable drainage features. As such, the general layout in this regard is considered to be appropriate, subject to relevant conditions which would be attached to any consent issued. 6.7 Taking all of the above into account, 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, which included the masterplan associated with the site. Additionally, it is considered that the detailed proposals brought forward represent a high quality residential development that will assist in satisfying the ongoing demand for residential properties in the East Kilbride area. Furthermore, it is considered that the proposals will suitably integrate with the existing built environment at this location, will support appropriate and sustainable connectivity to public facilities and will not result in any significant adverse amenity, environmental or other impacts. It is therefore concluded that that the proposed development fully complies with the relevant provisions of the South Lanarkshire Local Development Plan 2 (adopted 2021), with specific regard to the provisions of Policies 1, 2, 5, 7, 11, 12, 16, DM1, SDCC2 and SDCC3 and with the Councils Residential Development Guide. It is therefore recommended that the submitted detailed layout can be approved and the relevant conditions of the PPP consent 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, 7, 11, 12, 16, SDCC2, SDCC3 and DM1 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and with the Council’s Residential Development Guide. David Booth Executive Director (Community and Enterprise Resources) Date: 14 November 2022 Previous references EK/09/0218 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 25.03.2022 ► Consultations Roads Development Management Team 28.10.2022 Environmental Services 20.05.2022 Scottish Water 30.03.2022 SEPA West Region 01.04.2022 Estates Services 31.03.2022 93
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► Representations Dated: Ms Lynn Reid, 82 Glen Tennet, East Kilbride, G74 3UY 09.04.2022 Mr Gary Tierney, 46 Nevis Avenue, Hamilton, ML3 8UA 13.05.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Declan King, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 843 111 Email: declan.king@southlanarkshire.gov.uk 94
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Detailed planning application Paper apart – Application number: P/22/0363 Conditions and reasons 01. That no development shall commence until drainage and flood risk details to include signed appendices A to E are submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the surface drainage works and any required flood mitigation 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. 02. That, before the development hereby approved is completed or brought into use, all visibility splays as shown on drawing 18-009-217 Rev D shall be put in place on site 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. 03. That, before any dwellinghouse within the development hereby approved is completed or brought into use, at the driveway access 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. 04. That off street car parking provision shall be provided in respect of the development in accordance with the following standards unless otherwise agreed in writing with the Council as Roads and Planning Authority:- 1no. parking space for a one bedroom property; 2no. parking spaces for a two or three bedroom property; 3no. parking spaces for a property with four or more bedrooms. The driveway dimensions shall be detailed as per the National Roads Development Guide, 3m x 12m for double length, 6m x 6m for double width, and for three spaces a combination of these. These dimensions exclude pedestrian access. For a garage to count as a space it shall meet the minimum dimensions as per the National Roads Development Guide, with an internal minimum size of 3m x 7m. Prior to commencement of any development on site a plan shall be submitted to and approved by the Council as Roads and Planning Authority detailing the parking provision for each dwellinghouse within the site. The development shall thereafter be undertaken in accordance with the approved details, with the car parking provision for each property being put in place prior to the completion or occupation of the 95
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property. The car parking provision shall thereafter be maintained to the satisfaction of the Council as Roads and Planning Authority. Reason: Reason: In the interests of road safety. 05. 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. 06. That no dwellinghouse within the development shall have a driveway gradient exceeding 10%. Reason: In the interest of road safety. 07. That, prior to commencement of any works on site, the means of public and construction access to the site, including details of construction traffic routes and associated construction facilities, including any wheel cleaning facilities shall be submitted to and agreed by the Council as Roads and Planning Authority. The development shall thereafter be undertaken in accordance with the approved details to the Council's satisfaction. Unless otherwise agreed in writing with the Planning Authority, all construction vehicles associated with the development hereby approved shall access the site from the spine road via Jackton only with no construction traffic being routed via Lindsayfield. Reason: In the interests of road safety. 08. 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. 09. That, before the development hereby approved is completed or brought into use, an appropriate system of site drainage shall be provided to the specification and satisfaction of the Council as Roads and Planning Authority to prevent surface water flowing onto the public road. Reason: In the interests of road safety. 96
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10. That the remote footpath connection shown on the approved plans, marked "footpath connection", shall be accessible to all, be 3m wide and be served by street lighting, all to the satisfaction of the Council as Roads and Planning Authority. Reason: In the interests of pedestrian safety. 11. (a) Prior to commencement of any works on site, a comprehensive risk assessment for radon gas shall be carried out, and approved in writing by the Council as Planning Authority. Whilst radon is specifically excluded from Part IIA of the Environmental Protection Act 1990 the investigation should follow:- Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) If the risk assessment identifies unacceptable risks posed by radon gas 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 safeguard the environmental amenity of the area. 12. 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. 13. That notwithstanding the plans hereby approved and prior to the commencement of development, details of existing and proposed site levels, to include spot levels, sections and finished floor levels, shall be submitted to and approved in writing by the Planning Authority. The development shall thereafter be constructed in accordance with the approved details. Reason: To safeguard the amenity of the area. 14. 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. 15. 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 14, 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. 97
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16. That before the development hereby permitted is occupied or brought into use, all the fences or walls for which the permission of the Council as Planning Authority has been obtained under the terms of Condition14, 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. 17. That prior to commencement of any works on site the applicant shall submit, for the written approval of the Council as Roads and Planning Authority, details of the electric vehicle charging (EVC) facilities. Where EVC points are not located within a private driveway then details shall also include arrangements for siting of charging posts taking account of parking bays/boundary features/pedestrian movement and be accompanied by proposals for maintenance arrangements. All information shall be submitted for the written approval of the Council as Roads and Planning Authority. Thereafter 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 appropriate provision of electric vehicle charging facilities within the site. 18. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 98
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0105 Extension to extraction area of existing quarry (Bankend Quarry) 1 Summary application information Amended •Application type: Detailed planning application • Applicant: Tarmac •Location: Laigh Plewland Farm Waterhead Peelhill and Linbank Highway Strathaven South Lanarkshire ML10 6RG [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: Thomas Lewis Johnson, Poole and Bloomer ♦ 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 8 101
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Policy 19 Minerals Development Policy MIN2 Cumulative Impact Policy MIN3 Restoration Policy MIN5 Controlling Impacts from Extraction Sites Policy SDCC2 Flood Risk Policy SDCC3 Sustainable Drainage Systems ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letter ♦ Consultation(s): Countryside and Greenspace Historic Environment Scotland Transport Scotland Nature.Scot Sandford and Upper Avon Community Council Roads Development Management Team Environmental Services Roads Flood Risk Management Scottish Water West of Scotland Archaeology Service SEPA West Region 102
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Planning Application Report 1 Application Site 1.1 The application site is an area of approximately 24.3 hectares of farmland to the east of the existing Bankend Quarry, which is located some 3.5km south of the settlement of Drumclog. Sand and gravel is currently extracted from the quarry and transported via a 3.5km electric conveyor belt from the quarry to Snabe Quarry where it is processed and despatched. With the exception of the processing area, Snabe Quarry has been worked of its sand and gravel and is now considered to be restored. It is expected that the current reserves being extracted at Bankend Quarry will be exhausted by the end of 2023 with it then entering its restoration phase, although the site has been progressively restored. 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 mainly agricultural in nature, but portions have recently been used for 4x4 driving which has resulted in areas of bare ground. The site also includes a redundant farm and outbuildings (Laigh Plewland) which are semi-derelict. The nearest residential properties are over 400m to the north of the site (Templeland) and Bankend Farm 600m north west of the site. 2 Proposal(s) 2.1 Planning permission is sought for an extension to the extraction area at Bankend Quarry to allow further sand and gravel to be extracted. The reserves within the proposed extraction area are expected to produce approximately 3 million tonnes of sand and gravel over 10 to 12 years. The application proposes to carry on the practices associated with the current extraction and utilise the conveyor to dispatch sand and gravel to Snabe Quarry for processing. It is not proposed to increase the current level of processing or exportation of material. It is proposed to continue with the existing hours of operation as Bankend Quarry (7am to 5pm Monday to Friday and 7am to 12pm on a Saturday with no work permitted outwith these hours. The quarrying would be carried out in two phases and phase 2 would include the demolition and removal of the redundant Laigh Plewland Farm and outbuildings. 2.2 The application includes restoration proposals following extraction which intends to deliver a rolling landscape to be in keeping with the character of the surrounding area as well as including woodland planting and wetland habitat creation. 2.3 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/21/1872). 2.4 As noted in 2.1 above, the proposals involve the continued use of an electrical conveyor belt to transport won material for processing at Snabe Quarry. This conveyor belt has planning permission in its own right, running for the length of time of the current extraction at Bankend Quarry (Planning Permission Ref: EK/11/0213) and a separate planning application (Ref: P/22/0106) has been submitted, requesting planning permission for the continued use of the conveyor if permission is granted for these current proposals to extend Bankend Quarry. This is subject of a separate report on this agenda. 103
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3 Background 3.1 National Policy 3.1.1 Scottish Planning Policy 2014 (SPP), Planning Advice Note 64 (PAN 64) ‘Reclamation of Surface Mineral Workings’ and PAN 50 ‘Controlling the Environmental Effects of Surface Mineral Workings’ are of particular relevance to the determination of this application. PAN 1/2011 ‘Planning and Noise’ also provides additional advice on best practice for developments that may generate noise but should be read in tandem with PAN 50 for mineral developments. 3.1.2 The SPP states that mineral extraction makes an important contribution to the economy and in particular the construction industry and states that there should always be an adequate and steady, available supply of minerals to meet the needs of the construction industry and other sectors. Minerals should be extracted in a way to minimise impacts upon the environment as well as the effect on communities. 3.1.3 PAN 50 (Controlling the Environmental Effects of Surface Mineral Workings) with Annex A (Noise), B (Dust), C (Traffic) and D (Blasting) provides advice on all these issues and how they should be addressed when assessing mineral applications. 3.1.4 PAN 64 (Reclamation of Surface Mineral Workings) provides planning advice on ensuring that satisfactory reclamation procedures are in place before, during and after extraction to bring land back to an acceptable condition. 3.1.5 PAN 1/2011 also establishes best practice and planning considerations that should be taken into account with regard to developments that may generate noise or developments that may be subject to noise. 3.1.6 All the national policy advice has been considered in the assessment section of this report. 3.2 Development Plan Status 3.2.1 The Glasgow and the Clyde Valley Strategic Development Plan 2017 (GCVSDP) is a strategic plan with a strong focus on future growth with a broad spatial framework and a lesser focus on detailed area/ site specific policy criteria. Nonetheless, the GCVSDP recognises its position within the Development Plan process relative to development management. As such, Policy 15 Natural Resource Planning: Mineral Resources Spatial Framework states that an adequate and steady supply of minerals will be maintained and minerals development will be supported where they are in accordance with, inter alia, 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 19: Minerals Developments 104
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Volume 2 Policy MIN2 Cumulative Impact Policy MIN3 Restoration Policy MIN5 Controlling Impacts from Extraction Sites Policy SDCC2 Flood Risk Policy SDCC3 Sustainable Drainage Systems 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 mineral extraction proposals over an area exceeding 2 hectares and therefore is classed as a Major application within the Minerals category of the Hierarchy of Development. As such, the applicant carried out the statutory Pre-Application Consultation (Planning Ref: P/21/0016/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/21/1872). 3.3.3 As noted in 2.1 above, the proposals involve the continued use of an electrical conveyor belt to transport won material for processing at Snabe Quarry. This conveyor belt has planning permission in its own right, running for the length of time of the current extraction at Bankend Quarry (Planning Permission Ref: EK/11/0213) and a separate planning application (Ref: P/22/0106) has been submitted, requesting planning permission for the continued use of the conveyor if permission is granted for these current proposals to extend Bankend Quarry. It is noted that this application is only required if this current application is successful in gaining planning permission. Bankend Quarry itself originally received permission 1966 (Ref: P/M/732) and has undergone a periodic review of conditions which was granted in 2019 (Ref: EK/14/0229). As noted in 1.1 above, the original mineral reserves are close to being exhausted with the current extraction area about to enter its restoration phase. 3.4 The Management of Waste from Extractive Industries (Scotland) Regulations 2010 3.4.1 The Management of Waste from Extractive Industries (Scotland) Regulations 2010 (WM Regs) require that all proposed mineral planning applications/decisions must include a Waste Management Plan (WMP). The Regulations provide for a relaxation or waiver of the WMP for soil, provided certain general environmental requirements are met. The Regulations define unpolluted soil as: “soil that is removed from the upper layer of the ground during extractive activities and that is not deemed to be polluted under national or community law”. The WM Regs also allow materials that are to be utilised as part of a restoration scheme to be classed as “non-waste by product” and fall out of the scope of the WM Regs. 3.4.2 In this instance the applicant has submitted a WMP which states that the materials on site will either fall within the soils waiver and that any other non sand and gravel material (clay and limited overburden) is to be utilised as part of the proposed restoration scheme and therefore is categorised as “non-waste by product”. It is considered that in this instance the Council can agree to the requested waiver under the WM Regs for soils and accept that the remainder of the material (given it is to be 105
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utilised for restoration) falls outwith the WM Regs. As such no further consideration is required under the WM Regs. 4 Consultation(s) 4.1 Roads Development Management – note that the proposals include the continuing use of the conveyor to transport material for processing and dispatch at Snabe Quarry and that it is not proposed to increase the frequency of exportation than that exists now. Therefore, have no objections subject to conditions being attached to any permission replicating the current levels of exportation. Response: Noted. Appropriate conditions can be attached to any consent issued to ensure that all materials are transported via conveyor to Snabe Quarry for dispatch. 4.2 Environmental Services – no objections subject to conditions limiting the hours of operation to those proposed (as noted in 2.1 above), noise levels and dust management being attached to any permission if granted. Response: Noted. Appropriate conditions can be attached to any consent issued. 4.3 NatureScot – no objections to the proposals but note from the EIA Report that evidence of protected species (badgers, bats and otters) was recorded within the application site and therefore the applicant will require further approval of species protection plans. They may also, separately, be required to apply separately to NatureScot for relevant protected species licences. Response: Noted. Conditions requiring the further approval of species protected plans form part of the recommendation of approval and would be required to be discharged prior to any work being allowed on site. The applicant is aware of this requirement. 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 Transport Scotland – no objections. Response: Noted. 4.6 Countryside and Greenspace – note and welcome the biodiversity of the restoration proposals. Note that there is a core path to the west of the planning application boundary and that this should not be affected as part of the proposals. Response: Noted. The core path is outwith the current application site and will not be impacted upon by the proposals. 4.7 Historic Environment Scotland – no objection. Response: Noted. 4.8 SEPA – originally objected due to lack of information relating to groundwater management. Following clarification in relation to this, now have no objections to the proposals subject to a condition relating to the further approval of a detailed Water Management Plan. Response: Noted and an appropriate condition requiring the further approval of a Water Management Plan forms part of the recommendation of approval. 106
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4.9 The following consultees had no comments to make on the proposals:- Roads Flood Risk Management Scottish Water Sandford and Upper Avon Community Council 5 Representation(s) 5.1 Statutory neighbour notification was undertaken and the proposal advertised in the local press for non-notification of neighbours and being a minerals development. No letters of representation were received following this publicity. 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) and the adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). 6.2 In terms of National Planning Policy and Guidance, NPF 3 states that the rural landscape is not just a recreational resource but also has a vital role to play in providing minerals as construction materials. 6.3 The Scottish Planning Policy, 2014 (SPP) promotes the use of the plan-led system to provide a practical framework for decision making on planning applications thus reinforcing the provisions of Section 25 of the Act. 6.4 SPP also states the need for an adequate and steady supply on minerals to be available to meet the needs of the construction, energy and other sectors. It also states that Local Development Plans should maintain a landbank of permitted reserves for construction aggregates of at least 10 years at all times in all market areas through the identification of areas of search. The SPP continues that extraction should only be permitted where impacts on local communities and other isolated receptors, local landscape character and the natural and water environment can be adequately controlled or mitigated. The SPP does not prescribe a set separation distance between settlements and quarries. It states that the specific circumstances of individual proposals, including size, duration, location, method of working, topography and the characteristics of the various environmental effects likely to arise should be taken account of. 6.5 PAN 50 'Controlling the environmental effects of surface mineral workings' provides detailed advice relevant to this application. PAN 50 takes a prescriptive approach in suggesting best practice for controlling such environmental effects. Accordingly, PAN 50 sets out an agenda for the most important issues that need to be satisfactorily addressed. These are: road traffic; blasting; noise; dust; visual impact and water contamination. It sets out quantitative and methodological requirements in terms of: noise, dust, road traffic impact and blasting within its respective Appendices. 6.6 PAN50 (Annex A) provides advice and guidance on the control of noise at minerals sites including appropriate noise levels for receptors. Annex B advises on the control of dust at such sites, Annex C advises on the control of traffic at surface mineral sites and Annex D advises on the control of blasting at surface mineral sites. The existing Bankend Quarry currently has a dust management plan in place and it is considered 107
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that this should be extended to the application site to ensure dust is managed in an appropriate way. The proposals also do not increase the level of mineral exportation and therefore they do not have any impact upon the local road network. No blasting is proposed. 6.7 PAN 1/2011 ’Planning and Noise’ also establishes the best practice and the planning considerations to be taken into account with regard to developments that may generate noise, or developments that may be subject to noise. It provides further detailed guidance, to be read in tandem with PAN 50, on noise assessments and noise mitigation measures. In relation to noise, the proposals do not increase any extraction activity within the quarry and appropriate noise levels have already been set by conditions on previous permissions. It is not envisaged that the extension area would impact upon existing noise levels at receptors and therefore subject to the imposition of the existing noise levels within the application site, it is considered the advice in both PAN 50 and PAN 1/2011 can be met. 6.8 PAN64 advises that Planning Authorities ensure that mineral operators treat reclamation of sites as an integral part of the overall planning process to be addressed comprehensively through an Environmental Impact Assessment or planning application submission. 6.9 The proposed extraction is to be carried out in two phases with each phase being restored on completion of extraction. The restoration proposals are designed to be in keeping with the surrounding, rolling landscape and involve woodland planting and wetland habitat to increase biodiversity in the area. 6.10 It is therefore considered that the principle of the proposal complies with National Planning Policy. The overall acceptability of such a development must however also meet other detailed advice within PANs 50, 64 and 1/2011 as well as other Policy and Development Management criteria. These issues are considered in further detail in the report below. 6.11 The Glasgow and the Clyde Valley Strategic Development Plan 2017 (GCVSDP) is a strategic plan with a strong focus on future growth with a broad spatial framework and a lesser focus on detailed area/ site specific policy criteria. Nonetheless, the GCVSDP recognises its position within the Development Plan process relative to development management. As such, Policy 15 Natural Resource Planning: Mineral Resources Spatial Framework states that an adequate and steady supply of minerals will be maintained and minerals development will be supported where they are in accordance with, inter alia, Local Development Plans. The GCVSDP is a strategic document and apart from supporting delivery of sustainable mineral extraction, it does not provide a level of detail for the assessment of a specific site of this nature and location but instead defers to the Local Development Plan in this respect. 6.12 It is therefore considered that the principle of the proposal complies with the Strategic Development Plan (GCVSDP) given the proposals relate to the extension of an existing quarry. 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. 6.13 SLLDP2 Policy 1 ‘Spatial Strategy’ states that developments that accord with the policies and proposals of the development plan will be supported. The application is for development within the countryside as designated within the SLLDP and is therefore required to be assessed against Policy 3 ‘Green Belt and Rural Area’. SLLDP2 Policy 3 states that support will not be given for development proposals 108
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within rural locations, unless they relate to uses which must have a countryside location. Minerals can only be worked where they are found and are therefore location specific. In this instance the proposals relate to the extension of an existing quarry and therefore it is considered that the rural location has been previously justified. SLLDP2 Policy 19 ‘Minerals’ states, inter alia, that if, at the time when an application is under consideration, the landbank for such aggregates (in this instance sand and gravel) is less than that needed to provide a supply for at least ten years, the deficiency will be a material consideration in the determination of the application. The Council’s most recent formal landbank calculation of sand and gravel was conducted in 2019 and it was found to be below the required ten-year supply and no new permissions have been released in the intervening period. It is therefore considered that the proposals, which would involve the extraction of approximately 3 million tonnes of sand and gravel, would aid the provision of the required ten-year landbank. It is therefore considered that the principle of the proposals in this location are considered acceptable. 6.14 SLLDP Policy 2 ‘Climate Change’ states that new developments should minimise and mitigate against the effects of climate change by, inter alia, being sustainably located, having no significant adverse impacts on the water and soils environments, air quality and Biodiversity (including Natura 2000 sites and protected species). The proposals are for an extension to an existing quarry which will utilise existing processing equipment including a conveyor belt and therefore are considered to be sustainably located. 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 including impacts on the water and soils environment, air quality and Biodiversity, must, however, also meet other Policy and Development Management criteria and these issues are considered in detail further in the report. 6.15 As well as the required landbank as referenced in 6.13 above, SLLDP2 Policy 19 ‘Minerals Development’ also states that South Lanarkshire Council will balance the economic benefit from all mineral development against the potential impacts on the environment and local communities and will seek to ensure that impacts are minimised and mitigated. 6.16 This is further supported in SLLDP2 Policy 5 ‘Development Management and Placemaking’ which states that development proposals should take account of and be integrated within the local context. New development should also have no significant adverse impacts on the local community. Further, Policy MIN2 ‘Cumulative Impacts’ which requires the cumulative impact of the proposal to be assessed and Policy MIN5 ‘Controlling Impacts from Extraction Sites’ seeks to ensure all mineral development will not create an unacceptable impact through the generation of noise, dust, vibration and air pollution. 6.17 In this instance, the application site is located within a remote area with limited surrounding receptors or other working quarries. The nearest residential property is over 400m from the application boundary and it is considered that this provides an adequate separation distance. The quarry proposals include screening bunds to minimise noise as well as helping screen the proposals from view. A Noise Impact Assessment has been submitted as part of the EIA Report and Environmental Services are content with the findings showing that noise levels at the nearest residential properties being within the levels prescribed within PAN 50 as detailed in 6.6 and 6.7 above. A dust management scheme is currently in operation at Bankend Quarry and it is intended to continue this successful regime as part of the new proposals. A condition requiring this continuation forms part of the recommendation of approval, as do noise levels. It is therefore considered that, subject to these 109
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conditions, the proposals accord with the relevant criteria of the Development Plan in this regard. 6.18 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 as well as on protected species. There are no historic assets within the application site. The nearest historic asset is South Hall Farmhouse, a Category C Listed Building which is 1km from the site. It is considered that this is an adequate distance to ensure there is no impact upon the setting of this listed building or any other, further afield, historic asset. 6.19 There are no ecological designations within the application site. The nearest is the Muirkirk and North Lowther Uplands Special Protection Area (SPA) which is 2km form the site. The EIA Report notes that due to this distance the proposals are unlikely to have any impact upon this designation. NatureScot agree with this assessment. It is therefore considered that the proposals would not have any impact on any ecological designations. 6.20 In relation to protected species, surveys have been carried out and form part of the EIA Report. The surveys found evidence of protected species (bats, badgers and otters) in and adjacent to the application site. The EIA Report outlines proposed mitigation measures in relation to each protected species to minimise any impact the quarry may have. Specific Species Protection Plans are proposed in relation to each protected species. NatureScot are content with the findings of the EIA Report in relation to Protected Species but note that further approval of the Species Protection Plans would need to be approved and then implemented as such. Further approval of Species Protection Plans form part of the recommendation of approval. The application site is currently low-quality farmland with barren areas that have previously been used for 4X4 driving leisure pursuits and currently has little habitat value. Whilst it is acknowledged that this habitat value would be removed for the duration of the quarrying, the proposed restoration plan has been designed to ensure that post quarrying high quality and biodiverse habitats are created. 6.21 It is therefore considered that, subject to adequate mitigation of protected species, the proposals are considered suitable in relation to the historic and natural environment and accord with the relevant criteria of the Development Plan in this regard. 6.22 SLLDP2 Policy 15 (Travel and Transport) requires that new development does not impact upon any existing walking or cycle route and promotes sustainable travel, where at all possible. In this instance there are no walking or cycling routes affected by the proposals. Transportation Services (Development Management) have no objections to the proposals subject to all materials being transported via conveyor to Snabe Quarry for dispatch. It is therefore considered that, subject to these conditions, the proposals accord with the relevant policy criteria in this regard. 6.23 SLLDP2 Policy 16: Water Environment and Flooding 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. SEPA have no objections to the proposals subject to a condition 110
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requiring a Water Management Plan. It is therefore considered that, subject to this condition, the proposals accord with the relevant policy criteria in this regard. 6.24 SLLDP2 Policy MIN3 ‘Restoration’ states that the Council will only grant planning permission for mineral extraction where proper provision has been made for the restoration and aftercare of the site, including financial guarantees being put in place to secure restoration. Restoration proposals should not be generic and should relate to the specific characteristics of the site and the locale. Restoration proposals should consider providing opportunities for enhancing biodiversity, community recreation and access where at all possible. The application submission contains details of a restoration scheme that is designed to be in keeping with the rolling nature of the surrounding landscape as well as creating biodiversity through woodland and wet land habitats which would be a betterment of the land than in its present condition. A condition requiring the provision of a restoration guarantee forms part of the recommendation of approval. It is therefore considered that, in this instance, the proposals meet the relevant criteria of the Development Plan. 6.25 In conclusion, the proposal is considered acceptable in meeting the terms of the Development Plan and National Guidance. The proposal would not cause any detrimental impacts in terms of road safety, amenity or protected species subject to the use of conditions, replicating the existing Bankend Quarry mitigation measures. The proposed development would ultimately provide a better quality of biodiversity than existing and a suitable topography in keeping with the surrounding landscape. The proposals would add an additional 3 million tonnes of sand and gravel to the Council’s aggregate landbank. 6.26 It is therefore considered that, subject to the conditions set out within the paper apart, the proposals are considered acceptable and planning permission should be granted. 7 Reasons for Decision 7.1 The proposed development complies with Policies 1, 2, 4, 5, 14, 15, 16, 19, MIN2, MIN3, MIN5, SDCC2 and SDCC3 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references EK/14/0229 P/21/1872 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 4 March 2022 111
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► Consultations Countryside and Greenspace 22.02.2022 Historic Environment Scotland 01.04.2022 Transport Scotland 31.03.2022 Nature.Scot 31.03.2022 Roads Development Management Team 22.03.2022 Environmental Services 25.03.2022 West of Scotland Archaeology Service 30.03.2022 SEPA Flooding 28.04.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- James Wright, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 839 698 Email: james.wright@southlanarkshire.gov.uk 112
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Detailed planning application Paper apart – Application number: P/22/0105 Conditions and reasons 01. That, unless otherwise approved in writing, all extraction operations on the site shall be discontinued no later than 12 years from the date of commencement and, within a period of 12 months from the discontinuance date, the entire site shall be restored in accordance with the approved restoration plan (approved through condition 15 below). Reason: In order to define the terms of the permission. 02. That before any work starts on site, a Water Management Plan (WMP) shall be submitted for the written approval of the Council, as Planning Authority in consultation with SEPA. Once approved, the WMP shall be fully implemented as such and maintained for the lifetime of the development, hereby approved. Reason: In the interests of water management 03. That the hours of operation at the site shall be restricted to; 07.00 -17.30 hrs Mondays to Fridays 07.00 - 12.00 hrs Saturdays There shall be no operations outwith these times unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of residential amenity. 04. That with respect to the control of noise resulting from the operations at this site, the operator shall comply with the following: Between the hours of 07.00 and 17.30 (Monday to Friday) and 07.00 to 12.00 (Saturdays) the measured noise levels, at noise sensitive properties used as dwellings, shall not exceed 55dB LAEQ, over any one hour period. At all other times the measured noise levels at noise sensitive properties used as dwellings, shall not exceed 42dB LAEQ, over any one period. Reason: In the interests of residential amenity. 05. For soil handling operations for the creation of any bunds and other works in connection with landscaping noise levels at all noise sensitive properties within the vicinity of the site, during normal daytime working hours (07.00 to 17.30 hrs Monday to Friday inclusive and 07.00 to 12.00 Saturdays) shall not exceed 70dB LAeq over any one hour period for a maximum of 8 weeks per year. Reason: In the interests of residential amenity. 06. That non audible vehicle reversing devices shall be provided and used where feasible, and the use of audible devices shall only be permitted where agreed with the Council, and only where the device is designed to minimise disturbance at noise sensitive premises in the vicinity and that effective silencers shall be fitted to, used and maintained on all vehicles, plant and machinery operating on site. Reason: In the interests of residential amenity. 113
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07. That before any work starts on site, a guarantee to cover all site restoration and aftercare liabilities imposed on the expiry of this consent will be submitted for the written approval of the Council as Planning Authority. Such guarantee must, unless otherwise approved in writing by the Council as Planning Authority; i) be granted in favour of the Council as Planning Authority ii) be granted by a bank or other institution which is of sound financial standing and capable of fulfilling the obligations under the guarantee; iii) be for a specified amount which covers the value of all site restoration and aftercare liabilities as agreed between the developer and the planning authority at the commencement of development iv) either contain indexation provisions so that the specified amount of the guarantee shall be increased on each anniversary of the date of this consent by the same percentage increase in the General Index of Retail Prices (All Items) exclusive of mortgage interest published by on or behalf of HM Government between the date hereof and such relevant anniversary or be reviewable to ensure that the specified amount of the guarantee always covers the value of the site restoration and aftercare liabilities v) come into effect within 6 months of the date of this permission, and expire no earlier than 12 months after the end of the aftercare period unless other suitable multiple guarantee arrangements are agreed in writing by the Council as Planning Authority. For the avoidance of doubt, more than one guarantee may be agreed but any multiple guarantees shall cover the period from on or before commencement and to 12 months after the end of the aftercare period without any break in cover. Reason: To ensure satisfactory reinstatement of the site. 08. Notwithstanding the terms of Condition 1 above, that in the event of extraction operations on site ceasing for a period of 24 months or more, the Council as Planning Authority shall deem site operations to have ceased permanently, and the areas so occupied shall be restored in accordance with the approved restoration plan and timescales (or such other plan and timescale as may be approved in writing by the Planning Authority) to the satisfaction of the Planning Authority. Reason: To ensure the satisfactory restoration of the site and to minimise the temporary loss of land should extraction operations cease over a 24 month period. 09. That before any work starts on site, a Dust Monitoring and Mitigation Programme shall be submitted to and approved by the Planning Authority. The Dust Monitoring and Mitigation Programme, as approved, shall thereafter be carried out as such for the lifetime to the development, hereby approved. For the avoidance of doubt, the operator shall minimise dust emissions from the site by every practicable means and shall at all times operate in full accordance with current best practice. Reason: In the interests of air quality. 10. That all extracted sand and gravel, except as may be required for testing or oversize material, shall leave the site by the field conveyor for processing at Snabe Quarry, unless otherwise agreed in writing by the Council, as Planning Authority. Reason: In the interests of minimising road haulage. 114
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11. 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 order to safeguard the archaeological heritage of the site and to ensure that the developer provides for an adequate opportunity to investigate, record and rescue archaeological remains on the site. 12. That the public road adjacent to the site shall at all times be clear of mud and other deposited material from the site. Reason: In the interests of ensuring the public road network is kept clear of mud and other deposited material from the site. 13. That before any work starts on site, a surface water management plan shall be submitted to and approved in writing by the Council as Planning Authority. Thereafter, operations shall be undertaken in accordance with that surface management plan for the duration of extraction and restoration activities. For the avoidance of doubt the submitted surface water management plan shall be accompanied by completed copies of Appendices 1, 2 and 5 of South Lanarkshire Council's drainage design guidance. Reason: In the interests of surface water drainage. 14. That before any work starts on site, Species Protection Plans shall be submitted to and approved in writing by the Council as Planning Authority in consultation with NatureScot. Thereafter, the Species Protection Plans shall be fully implemented as approved and maintained as such for the lifetime of the development, hereby approved. Reason: In the interests of protected species 15. That no later than one year prior to the date of this permission's expiry, as stated by Condition 1 above, a final, full restoration and after care plan shall be submitted for the written approval of the Council as Planning Authority. The approved restoration and after care plan shall then be fully implemented, following final mineral extraction on site, to the satisfaction of the Council. For the avoidance of doubt the aftercare shall be for a minimum of 5 years duration. Reason: In the interests of ensuring restoration of the site. 16. That all vegetation clearance shall avoid the bird breeding season (March to July inclusive) unless otherwise agreed in writing by the Council, as Planning Authority. Reason: In the interests of protecting breeding birds. 115
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0106 Installation of field conveyor to transport sand and gravel from Bankend Quarry to Snabe Quarry with processing at Snabe Quarry (Section 42 application to amend condition 4 of application EK/11/0213 to allow continued use until 30 September 2036) 1 Summary application information Amended •Application type: Further application • Applicant: Tarmac •Location: Snabe Farm Sand Quarry Darvel Road Drumclog Strathaven ML10 6QF [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: Thomas Lewis Johnson, Poole and Bloomer ♦ 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 9 117
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Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Environment Policy 15 Travel and Transport Policy 16 Water Environment and Flooding Policy 19 Minerals Development Policy MIN3 Restoration Policy MIN5 Controlling Impacts from Extraction Sites Policy SDCC2 Flood Risk Policy SDCC3 Sustainable Drainage Systems ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letter ♦ Consultation(s): West of Scotland Archaeology Service SEPA Flooding Roads Flood Risk Management Nature.Scot Countryside and Greenspace Roads Development Management Team Environmental Services 118
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Planning Application Report 1 Application Site 1.1 The application site comprises the route of an existing, 3.3km long electric conveyor that transports excavated sand and gravel from the currently active Bankend Quarry to a processing plant at Snabe Quarry. Both sites are operated by the applicants. Snabe is located to the southeast of the settlement of Drumclog and some 7km to the southwest of Strathaven. 1.2 The conveyor has been operating since 2013 and allows sand and gravel to be transported directly to the Snabe processing plant where it is screened and graded for onward exportation via the A71. It operates using a chain of long continuous rubber belts driven by electric engines. Sand and gravel are transported on the upper belt which is covered to protect the excavated sand and gravel from wind, rain and snow. It has three water crossings which were constructed and have operated without any spillage or threat to the water environment. 1.3 The Snabe site itself covers an area approximately 59 hectares and a feed hopper and conveyor link; plant, stock yard and workshop; internal access road; offices, weighbridge, wheel wash and operational settling and peripheral landscaping and areas are restored or in restoration. 1.4 Sand and gravel at Snabe is largely exhausted with only a very small area of mineral reserve remaining which would be extracted when the plant site is removed at the end of its operational life. Sand and gravel arriving by conveyor from Bankend feeds directly into the fixed processing plant. There it is washed and passed through a system of screens and cyclones to produce the specific grades of gravel and sand needed by the construction industry. Empty road lorries arrive at Snabe via the access road from the A71 near Drumclog. A traffic light system controls initial access on the single-track access road. Vehicles go down to the stockyard to be loaded by wheeled shovel loader to then return over the weighbridge to be checked and ticketed. All lorries are sheeted before leaving the site and pass over the automated wheel wash. 1.5 There have been no complaints since installation in 2013. The conveyor was granted planning permission (Ref: EK/11/0213) with a suite of planning conditions, including condition 4 which stated that, unless otherwise approved in writing, the conveyor use was to be removed by 30 September 2022. 2 Proposal(s) 2.1 The application is made under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) and is an application for planning permission for the development of land but without compliance with a condition or conditions attached to a previous planning permission. 2.2 In this instance the applicant wishes to amend condition 4 of EK/11/0213 (hereon referred to as the Original Permission) to allow the conveyor to be in use until 30 September 2036. 2.3 Condition 4 of the Original Permission states: “All operations authorised or required by this permission shall cease and all plant, machinery equipment, structures and buildings shall be removed and the site restored in accordance with drawing S138/58, the habitat management plan required through Condition 22 and the conditions of this permission not later than 30th September 2022, unless otherwise approved in writing by the Planning Authority.” 119
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2.4 In this instance the applicant wishes to amend condition 4 to read: “All operations authorised or required by this permission shall cease and all plant, machinery equipment, structures and buildings shall be removed and the site restored in accordance with drawing S138/58, the habitat management plan required through Condition 22 and the conditions of this permission not later than 30th September 2036, unless otherwise approved in writing by the Planning Authority.” 2.5 If successful, the effect of a Section 42 application to modify a planning condition or conditions is to grant a further planning permission for the whole development again but with the amended condition or conditions replacing those that were previously issued, or with conditions removed if required. All other conditions, if relevant, are also required to be attached to any new planning permission. If the proposed changes to the condition or conditions are deemed unacceptable, then Section 42 of the Act requires the application to be refused. Any refusal of an application under Section 42 of the Act does not have any effect on the original planning permission which remains intact. 2.6 The applicant has not requested to amend or delete any other conditions attached to the Original Permission. 2.7 A separate planning application (Ref: P/22/0105) has been submitted for an extension to Bankend Quarry and is the subject of a separate report on this agenda. If granted, it is intended that the sand and gravel from this extraction area would be transported by the conveyor belt for processing and dispatch at Snabe Quarry. The extension to Bankend Quarry would involve 10 to 12 years of extraction and this has led to this current application to allow the conveyor and processing at Snabe to carry on until 2036. 3 Background 3.1 National Policy 3.1.1 Scottish Planning Policy 2014 (SPP), Planning Advice Note 64 (PAN 64) ‘Reclamation of Surface Mineral Workings’ and PAN 50 ‘Controlling the Environmental Effects of Surface Mineral Workings’ are of particular relevance to the determination of this application. PAN 1/2011 ‘Planning and Noise’ also provides additional advice on best practice for developments that may generate noise but should be read in tandem with PAN 50 for mineral developments. 3.1.2 The SPP states that mineral extraction makes an important contribution to the economy and in particular the construction industry and states that there should always be an adequate and steady, available supply of minerals to meet the needs of the construction industry and other sectors. Minerals should be extracted in a way to minimise impacts upon the environment as well as the effect on communities. 3.1.3 PAN 50 (Controlling the Environmental Effects of Surface Mineral Workings) with Annex A (Noise), B (Dust), C (Traffic) and D (Blasting) provides advice on all these issues and how they should be addressed when assessing mineral applications. 3.1.4 PAN 64 (Reclamation of Surface Mineral Workings) provides planning advice on ensuring that satisfactory reclamation procedures are in place before, during and after extraction to bring land back to an acceptable condition. 3.1.5 PAN 1/2011 also establishes best practice and planning considerations that should be taken into account with regard to developments that may generate noise or developments that may be subject to noise. 120
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3.1.6 All the national policy advice has been considered in the assessment section of this report. 3.2 Development Plan Status 3.2.1 The Glasgow and the Clyde Valley Strategic Development Plan 2017 (GCVSDP) is a strategic plan with a strong focus on future growth with a broad spatial framework and a lesser focus on detailed area/ site specific policy criteria. Nonetheless, the GCVSDP recognises its position within the Development Plan process relative to development management. As such, Policy 15 Natural Resource Planning: Mineral Resources Spatial Framework states that an adequate and steady supply of minerals will be maintained and minerals development will be supported where they are in accordance with, inter alia, 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 19: Minerals Developments Volume 2 Policy MIN3 Restoration Policy MIN5 Controlling Impacts from Extraction Sites Policy SDCC2 Flood Risk Policy SDCC3 Sustainable Drainage Systems 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 A planning application (Ref: P/22/0105) has been submitted for an extension to Bankend Quarry. If granted, it is intended that the sand and gravel be transported by the conveyor belt for processing and dispatch at Snabe Quarry. The extension to Bankend Quarry would involve 10 to 12 years of extraction and this has led to this current application to allow the conveyor and processing at Snabe to carry on until 2036 as requested. 4 Consultation(s) 4.1 Roads Development Management – note that the proposals are to allow the continuation of using the conveyor to transport material for processing and dispatch at Snabe Quarry and that it is not proposed to increase the frequency of exportation beyond that which exists now. Therefore, they have no objections subject to the replication of conditions 10, 11, 12, 13, 14 and 15 of the Original Permission. Response: Noted. Replication of these conditions form part of the recommendation within the paper apart. 121
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4.2 Environmental Services – no objections subject to a standard noise level condition. Response: Noted. Condition 18 of the Original Permission imposed noise levels that had to be met and this condition is replicated within the recommendation within the paper apart. 4.3 Countryside and Greenspace – Note that there is a core path to the west of the planning application boundary and that this should not be affected as part of the proposals. Response: Noted. The core path is outwith the current application site and will not be impacted upon by the proposals. 4.4 West of Scotland Archaeological Service (WoSAS) – no objections as the conveyor is already in place. Response: Noted. 4.5 SEPA – No objections. Response: Noted. 4.6 The following consultees had no comments to make on the proposals:- Roads Flood Risk Management NatureScot 5 Representation(s) 5.1 Statutory neighbour notification was undertaken and the proposal advertised in the local press for non-notification of neighbours. No letters of representation were received following this publicity. 6 Assessment and Conclusions 6.1 This application has been submitted under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended). Section 42 of the Act states that:- 'On such an application, the Planning Authority shall consider only the question of the conditions subject to which planning permission should be granted.’ This type of application, therefore, does not revisit the principle of development on the site but only considers the appropriateness of the conditions attached to the previous consent and whether it is acceptable to amend or delete as requested. Whilst, in essence, a Section 42 is an application to vary condition(s) on an existing permission, the process requires a new, stand-alone planning permission to be issued for the original development but with a new suite of conditions, including all those still thought to be relevant as well as the varied condition(s). Should the proposed amendment to the condition(s) not be acceptable, a Section 42 application is to be refused but without affecting the status of the original permission. 6.2 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) and the adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). 122
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6.3 In terms of National Planning Policy and Guidance, NPF 3 states that the rural landscape is not just a recreational resource but also has a vital role to play in providing minerals as construction materials. The Scottish Planning Policy, 2014 (SPP) promotes the use of the plan-led system to provide a practical framework for decision making on planning applications thus reinforcing the provisions of Section 25 of the Act. SPP also states the need for an adequate and steady supply on minerals to be available to meet the needs of the construction, energy and other sectors. It also states that Local Development Plans should maintain a landbank of permitted reserves for construction aggregates of at least 10 years at all times in all market areas through the identification of areas of search. 6.4 PAN 50 'Controlling the environmental effects of surface mineral workings' provides detailed advice relevant to this application. PAN 50 takes a prescriptive approach in suggesting best practice for controlling such environmental effects. Accordingly, PAN 50 sets out an agenda for the most important issues that need to be satisfactorily addressed. These are: road traffic; blasting; noise; dust; visual impact and water contamination. It sets out quantitative and methodological requirements in terms of noise, dust, road traffic impact and blasting within its respective Appendices. PAN50 (Annex A) and provides advice and guidance on the control of noise at minerals sites including appropriate noise levels for receptors. Annex B advises on the control of dust at such sites, Annex C advises on the control of traffic at surface mineral sites and Annex D advises on the control of blasting at surface mineral sites. 6.5 PAN 1/2011’Planning and Noise’ also establishes the best practice and the planning considerations to be taken into account with regard to developments that may generate noise, or developments that may be subject to noise. It provides further detailed guidance, to be read in tandem with PAN 50, on noise assessments and noise mitigation measures. In relation to noise, the proposals do not increase any extraction activity within the quarry and appropriate noise levels have already been set by conditions on previous permissions. 6.6 PAN64 advises that Planning Authorities should ensure that mineral operators treat reclamation of sites as an integral part of the overall planning process to be addressed comprehensively through an Environmental Impact Assessment or planning application submission. 6.7 The conveyor has been operating in situ since 2013 and has not attracted any noise, or other complaints. It is relatively screened from view due to topography and its remote location and, therefore, has minimal impact on the landscape and surrounding amenity. The conveyor minimises lorry movements as it transports sand and gravel directly for processing at Snabe where it can then be exported directly onto an A Class Road that is suitable for haulage vehicles. The conveyor can easily be dismantled and the land returned to agricultural use as it does not have a large, permanent development footprint. It is therefore considered that the principle of amending condition 4 until 2036 complies with National Planning Policy. 6.8 The Glasgow and the Clyde Valley Strategic Development Plan 2017 (GCVSDP) is a strategic plan with a strong focus on future growth with a broad spatial framework and a lesser focus on detailed area/ site specific policy criteria. Nonetheless, the GCVSDP recognises its position within the Development Plan process relative to development management. As such, Policy 15 Natural Resource Planning: Mineral Resources Spatial Framework states that an adequate and steady supply of minerals will be maintained and minerals development will be supported where they are in accordance with, inter alia, Local Development Plans. The GCVSDP is a strategic 123
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document and apart from supporting delivery of sustainable mineral extraction, it does not provide a level of detail for the assessment of a specific site of this nature and location but instead defers to the Local Development Plan in this respect. It is therefore considered that the proposal complies with the Strategic Development Plan (GCVSDP) given the proposals are linked to the extension of an existing quarry (Bankend). 6.9 SLLDP2 Policy 1 ‘Spatial Strategy’ states that developments that accord with the policies and proposals of the development plan will be supported. The application is for development within the countryside as designated within the SLLDP and is therefore required to be assessed against Policy 3. SLLDP2 Policy 3 states that support will not be given for development proposals within rural locations, unless they relate to uses which must have a countryside location. As noted in 6.1 above, Section 42 does not revisit the principle of development but solely the matter of the proposed amendments to condition. Therefore, the principle of the development has already been established through the Original Permission and no further consideration is necessary. 6.10 SLLDP Policy 2 ‘Climate Change’ states that new developments should minimise and mitigate against the effects of climate change by, inter alia, being sustainably located, having no significant adverse impacts on the water and soils environments, air quality and Biodiversity (including Natura 2000 sites and protected species). The proposals are to amend Condition 4 of the Original Permission to allow the continued use of the conveyor until 2036. This continued use would allow the conveyor to transport sand and gravel in a more sustainable manner than road haulage. It is therefore considered that the continued use of the conveyor accords with the relevant policy criteria in this regard. 6.11 SLLDP2 Policy 19 ‘Minerals Development’ also states that South Lanarkshire Council will balance the economic benefit from all mineral development against the potential impacts on the environment and local communities and will seek to ensure that impacts are minimised and mitigated. 6.12 This is further supported in SLLDP2 Policy 5 ‘Development Management and Placemaking’ which states that development proposals should take account of and be integrated within the local context. New development should also have no significant adverse impacts on the local community. Again, the policy criteria is also further supported by Policy MIN5 ‘Controlling Impacts from Extraction Sites’ which seeks to ensure all mineral development will not create an unacceptable impact through the generation of noise, dust, vibration and air pollution. 6.13 It is considered that the conveyor has been in use since 2013 and no complaints regarding its use have been received. Appropriate noise levels for the conveyor are controlled by condition and these have been met. It is therefore considered that its continued use shall not have a detrimental impact upon the amenity of the area. 6.14 SLLDP2 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 as well as on protected species. There are no historic assets within the application site. As the conveyor is already in situ, it is considered that allowing it’s continued use would not have a significant, detrimental impact upon the ecology of the area. It is therefore considered that the continuation of the conveyor until 2036 accords with the relevant criteria of the Development Plan in this regard. 124
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6.15 SLLDP2 Policy 15 (Travel and Transport) requires that new development does not impact upon any existing walking or cycle route and promotes sustainable travel, where at all possible. In this instance there are no walking or cycling routes affected by the proposals. Transportation Services (Development Management) have no objections to the proposals subject to replication of conditions 10 to 15 of the Original Permission. It is therefore considered that, subject to these conditions being replicated, the proposals accord with the relevant policy criteria in this regard. 6.16 SLLDP2 Policy 16: Water Environment and Flooding 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. As previously stated, the conveyor is in situ and has not had any impact upon the water environment. It is therefore considered that the proposals accord with the relevant policy criteria in this regard. 6.17 SLLDP2 Policy MIN3 ‘Restoration’ states that the Council will only grant planning permission for mineral extraction where proper provision has been made for the restoration and aftercare of the site, including financial guarantees being put in place to secure restoration. The conveyor does not have a permanent footprint and therefore once removed the land can revert to agriculture. The Original Permission had a condition requiring a restoration guarantee to be in place for the lifetime of the consent. If this application is granted, this condition would be replicated on any new permission issued. It is therefore considered that, in this instance, the proposals meet the relevant criteria of the Development Plan. 6.18 In conclusion, the proposed amendment to condition 4 of the Original Permission is considered acceptable in meeting the terms of the Development Plan and National Guidance. The continuation of the conveyor until 30 September 2036 is considered not to have a significant, detrimental impact upon the landscape or amenity of the area and would minimise road haulage associated with the extension to Bankend Quarry. It is therefore considered that, subject to replication of the relevant conditions from the Original Permission, the application should be approved. 6.19 It should be noted that the Original Permission had several conditions that required discharge prior to the conveyor’s installation. As these conditions have been complied with it is competent to remove these conditions from any new permission. The recommended conditions on the paper apart reflect this and only conditions relating to the ongoing use and subsequent removal of the conveyor are stated. It should also be noted that this has affected the numbering of the conditions in relation to the Original Permission. 7 Reasons for Decision 7.1 The proposed development complies with Policies 1, 2, 4, 5, 14, 15, 16, 19, MIN2, MIN3, MIN5, SDCC2 and SDCC3 of the adopted South Lanarkshire Local Development Plan 2 (2021). David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 125
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Previous references EK/14/0229 P/21/1872 P/22/0105 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 2 February 2022 ► Consultations West of Scotland Archaeology Service 03.02.2022 SEPA Flooding 09.02.2022 Countryside and Greenspace 17.02.2022 Roads Development Management Team 27.04.2022 Environmental Services 14.02.2022 West of Scotland Archaeology Service 03.02.2022 SEPA Flooding 09.02.2022 Countryside and Greenspace 17.02.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- James Wright, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 839 698 Email: james.wright@southlanarkshire.gov.uk 126
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Detailed planning application Paper apart – Application number: P/22/0106 Conditions and reasons 01. This decision relates to the development described and assessed within the Environmental Impact Assessment, including:- ⧫ Non-Technical Summary (Volume 1), ⧫ Environmental Statement (Volume 2), ⧫ Technical Appendices (Volume 3), and ⧫ Ecological Impact Assessment for the Installation of Field Conveyor between Bankend Quarry and Snabe Quarry with Processing at Snabe, prepared by Tarmac Ltd dated May 2011. All mitigation measures set out within the documents listed above shall be fully maintained, unless otherwise agreed in writing by the Council. Reason: For the avoidance of doubt and to specify the documents upon which the decision was made. 02. From the date of this permission until its completion, a copy of this permission, including all documents hereby approved and any other documents subsequently approved in accordance with any conditions of this permission shall be kept available for inspection on the site during the prescribed working hours. Reason: To ensure that the Planning Authority retains effective control of the development. 03. That within six months from the date of this permission, a guarantee to cover all site restoration and aftercare liabilities imposed on the expiry of this consent will be submitted for the written approval of the Council as Planning Authority. Such guarantee must, unless otherwise approved in writing by the Council as Planning Authority:- i) be granted in favour of the Council as Planning Authority ii) be granted by a bank or other institution which is of sound financial standing and capable of fulfilling the obligations under the guarantee; iii) be for a specified amount which covers the value of all site restoration and aftercare liabilities as agreed between the developer and the planning authority at the commencement of development iv) either contain indexation provisions so that the specified amount of the guarantee shall be increased on each anniversary of the date of this consent by the same percentage increase in the General Index of Retail Prices (All Items) exclusive of mortgage interest published by on or behalf of HM Government between the date hereof and such relevant anniversary or be reviewable to ensure that the specified amount of the guarantee always covers the value of the site restoration and aftercare liabilities v) come into effect within 6 months of the date of this permission, and expire no earlier than 12 months after the end of the aftercare period unless other suitable multiple guarantee arrangements are agreed in writing by the Council as Planning Authority. For the avoidance of doubt, more than one guarantee may be agreed but any multiple guarantees shall cover the period from on or before commencement and to 12 months after the end of the aftercare period without any break in cover. 127
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Reason: To ensure satisfactory reinstatement of the site. 04. All operations authorised or required by this permission shall cease and all plant, machinery equipment, structures and buildings shall be removed and the site restored in accordance with the habitat management plan required through Condition 19 and the conditions of this permission not later than 30th September 2036, unless otherwise approved in writing by the Planning Authority. Reason: To ensure that the Planning Authority retains effective control of the development. 05. That, except for the management of water or in connection with essential maintenance of plant, the site and associated plant shall only operate within the hours stated below, and during these hours the site shall be adequately manned and supervised. Weekdays Saturdays Time of Opening 07.00 07.00 Time of Closing 17.30 12.00 noon There shall be no working on Sundays, Public Holidays or Local Bank Holidays, unless otherwise agreed in writing by the Council as Planning Authority. Reason: In the interests of amenity 06. That all vehicles travelling to and from the site for the purposes of transporting minerals shall use the existing site access point as identified on Drawing No: S138/54B to enter and leave the site. Reason: In the interests of road safety 07. That for the duration of operations at the site, a high powered wheel wash shall be retained and maintained at the location of the existing wheel wash. All mineral carrying vehicles shall use the wheel wash prior to entering onto the public road. Reason: In the interests of road safety 08. That the public road adjacent to the site shall be kept clear of mud or other deposited material arising from the site at all times, to the satisfaction of the Council as Planning and Roads Authority. Reason: In the interests of road safety 09. That prior to any road vehicle loaded with sand or gravel or other mineral, as may be approved by this permission, leaving the site the load shall be suitably sheeted to ensure there is no escape of materials. Reason: In the interests of road safety 10. That, with the exception minerals transported via the conveyor hereby approved, no minerals shall be imported to the Snabe processing plant site, unless otherwise agreed in writing by the Council. Reason: In the interests of road safety 128
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11. That within six months from the date of this permission hereby approved unless otherwise agreed in writing by the Council, a scheme for the inspection, maintenance and final decommissioning of the underpass structure to be located under the B745 shall be submitted and approved by the Council. Thereafter, the approved scheme shall be implemented to the satisfaction of the Council as Planning Authority. Reason: In the interests of road safety 12. That with respect to the control of noise resulting from the operations at this site the operator shall comply with the following: (a) that between 08.00hrs and 17.30hrs, the nominal noise limit attributable to site operations at all noise sensitive properties in the vicinity of the site, shall not exceed 55 dB(A) LAeq, over any one hour period; (b) Notwithstanding part (a) above, between 17.30hrs and 08.00hrs the nominal noise limit attributable to site operations at the noise sensitive properties in the vicinity of the site shall not exceed 42 dB(A) LAeq, over any one hour period; (c) Notwithstanding part (a) above, for not more than 8 weeks in any 12 month period, the nominal noise limit from temporary site operations shall not exceed 70dB(A) LAeq, over any one hour period at all noise sensitive properties within vicinity of the development. Reason: In the interests of amenity 13. That effective silencers shall be fitted to, used and maintained in accordance with manufacturers' instructions on all vehicles, plant and machinery operating on site. Save for the purpose of maintenance, no machinery shall be operated with covers open or removed. Reason: In the interests of amenity 14. That reversing alarms used on all plant and vehicles shall be either non-audible, ambient related or low tone devices. Reason: In the interests of amenity 15. At all times during the carrying out of operations authorised or required under this permission, water bowsers and sprayers, mobile or fixed, shall be used at times as it is necessary to minimise the emission of dust from the site. At such times as the prevention of dust nuisance by these means is not possible, the transportation of minerals via the conveyor shall temporarily cease until such time as the weather conditions improve. Reason: In the interests of air quality 16. That 12 months form the date of this permission, and annually thereafter for the duration of this permission as set out in Condition 4, a suitably qualified professional shall undertake a riverbank survey and visual condition assessment inspection to monitor the river bank stability and erosion rates of the stretches of the Glengavel Water and Avon Water located within 100m of the conveyor route. A report, detailing the findings of the survey/inspection and any consequent recommendations/works, shall be submitted to the Council within 2 months of undertaking the survey and those works shall be undertaken within an approved timescale. Reason: In the interests of water quality 129
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17. That the conveyor hereby approved shall be fully enclosed at all water course crossings, to the satisfaction of the Council as Planning Authority. Reason: In the interests of water quality 18. That within 3 months from the date of this permission, unless otherwise agreed in writing by the Council, a surface water management plan shall be submitted to and approved by the Council. Thereafter, all measures set out within the approved surface water management plan shall be implemented in full within the timescales so approved, to the satisfaction of the Council. Reason: In the interests of water management 19. That within 3 months form the date of this permission, unless otherwise agreed in writing by the Council, a habitat management plan shall be submitted to and approved by the Council. Thereafter all measures/works set out within the approved habitat management plan shall be implemented in full within the timescales so approved, to the satisfaction of the Council. For avoidance of doubt, the habitat management plan shall include proposals for the replanting/strengthening of existing hedgerows, additional tree planting in the vicinity of the conveyor and new hedgerows along the conveyor corridor. The plan should also include proposals for further planting and restoration of the conveyor route following the removal of the conveyor structure. Reason: In the interests of habitat management 130
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0712 Demolition of dwellinghouse and outbuildings and erection of residential development of 12 no. dwellinghouses and associated works (Planning Permission in Principle) 1 Summary application information Amended •Application type: Permission in principle •Applicant: Ashfield Land (Newton) Limited •Location: Newhouse Farm Westburn Road Cambuslang South Lanarkshire G72 7UN [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant planning permission in principle (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: Colin Lavety ♦ Council Area/Ward: 14 Cambuslang East ♦ Policy Reference(s): South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 2 - Climate Change Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Placemaking Policy 14 - Natural and Historic Environment Policy DM1 - New Development Design Policy GBRA1 - Rural Design and Development Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings South Lanarkshire Council Residential Development Guide 10 133
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♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): West of Scotland Archaeology Service Roads and Transportation Services (Development Management) Environmental Services Roads and Transportation Services (Flood Risk Management) Scottish Water SP Energy Networks Network Rail 134
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Planning Application Report 1 Application Site 1.1 The proposed development site is a redundant farm steading located to the south of the settlement of Newton, Cambuslang and covers an area of approximately 0.75 hectares, inclusive of the access road serving the site. The site, which is predominantly flat throughout, comprises the farmhouse and adjacent farm buildings, which remain in situ at this time, in addition to surrounding yard areas. The site is bounded on all sides by agricultural land, however, the settlement of Newton, Cambuslang is located approximately 150 metres to the north of the site. Vehicular access to the site is taken from the north, via Westburn Road. 2 Proposal(s) 2.1 Planning Permission in Principle is sought for a residential development of 12 dwellinghouses with associated works on the site of the farm steading. The existing buildings, which have fallen into a state of disrepair, would be removed from the site to facilitate the redevelopment. The proposed residential development would be accessed via the existing access road to the property from the public road. 2.2 As the application is for Planning Permission in Principle, detailed plans are not required to be provided at this stage. However, the applicants have provided an indicative site layout demonstrating how a development of this form could be undertaken on the footprint of the existing buildings on site at this time. 3 Background 3.1 Local Plan Status 3.1.1 The South Lanarkshire Local Development Plan 2 (adopted 2021) identifies the site as being within the Green Belt where Policy 4 – Green Belt and Rural Area is applicable. As the proposal relates to the redevelopment of land in the countryside containing buildings Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings is also applicable, as are the following policies:- - Policy 2 - Climate Change - Policy 5 - Development Management and Placemaking - Policy 14 - Natural and Historic Environment - Policy DM1 - New Development Design - Policy GBRA1 - Rural Design and Development In addition, the proposal also requires to be considered against the provisions of the Council’s Residential Development Guide. The proposed development is considered against these policies in Section 6 below. 3.2 Planning Background 3.2.1 There is no planning history of relevance to this planning application. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management): Offered no objections to the proposed development subject to conditions relating to appropriate vehicle access, pedestrian access and parking provision associated with the proposed works. Response: Noted. The requested conditions would be attached to any consent issued. 135
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4.2 Environmental Services: Offered no objections to the proposed development subject to conditions relating to waste and dust management within the site. Response: Noted. The requested conditions would be attached to any consent issued. 4.3 Roads and Transportation Services (Flood Risk Management): Offered no objections to the proposed development subject to conditions relating to flood risk management works associated with the proposed development. Response: Noted. The requested conditions would be attached to any consent issued. 4.4 West of Scotland Archaeology Service: Offered no objections to the proposed development subject to a condition requiring an archaeological standing building survey to be undertaken before any existing buildings are removed from the site. Response: Noted. The requested condition would be attached to any consent issued. 4.5 Scottish Water: Offered no objections to the proposed development. Response: Noted. 4.6 Network Rail: Offered no objections to the proposed development. Response: Noted. 4.7 SP Energy Networks: Offered no objections to the proposed development. Response: Noted. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and the proposal was advertised in the local press for neighbour notification purposes. However, no letters of representation were received in respect of the proposed development. 6 Assessment and Conclusions 6.1 Planning Permission in Principle is sought for a residential development of 12 dwellinghouses with associated works on the site of the farm steading at Newhouse Farm, Westburn Road, Cambuslang. The existing buildings, which have fallen into a state of disrepair, would be removed from the site to facilitate the redevelopment. The proposed residential development would be accessed via the existing access road to the property from the public road. As the application is for Planning Permission in Principle, detailed plans are not required to be provided at this stage. However, the applicants have provided an indicative site layout demonstrating how a development of this form could be undertaken on the footprint of the existing buildings on site at this time. 6.2 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 against which the proposal requires to be assessed is the South Lanarkshire Local Development Plan 2 (adopted 2021). 6.3 The application site is located within the Green Belt, approximately 150 metres to the south of Newton, Cambuslang, as designated by Policy 4 – Green Belt and Rural Area. Within Green Belt areas there is a general presumption in favour of agricultural, equestrian and horticultural uses, although other uses can be 136
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considered acceptable subject to adherence to criteria set out in supplementary policy and guidance contained within Volume 2 of the adopted Local Development Plan. In particular, the policy notes that proposals can be considered acceptable when they involve the redevelopment of derelict or redundant land or buildings and where significant environmental improvement can be shown. 6.4 With regard to the provisions of Policy 4 it is noted that the proposed development relates to a site that contains a farm steading that has fallen into a state of disrepair. In this regard it is notable that the associated Policy GBRA5 - Redevelopment of Previously Developed Land Containing Buildings of Volume 2 of the Local Development Plan includes a provision for the residential development of land that has previously been developed and where the newly proposed development would be likely to have an overall positive impact on the local environment. In this case, given the condition of the site at the current time, the view is taken that the rehabilitation of the site through a proposed bespoke residential development would be likely to have a positive overall impact on the local environment and the appearance of the local area at this location. As such, the principle of the proposed development is considered to generally conform to the provisions of Policies 4 and GBRA5 of the adopted plan. 6.5 Policy 5 – Development Management and Placemaking requires all proposals to take account of and be integrated with the local context and built form. Policy DM1 – New Development Design further reinforces the provisions of Policy 5 in respect of proposed new developments while policy GBRA1 – Rural Design and Development provides similar policy with a focus on the protection and enhancement of countryside areas. These policies state that development proposals should have no significant adverse impact on the locality and, where appropriate, should include measures to enhance the environment and the quality of placemaking. 6.6 In this instance, as the application is for Planning Permission in Principle, detailed drawings do not require to be provided at this stage. However, in terms of general development management and amenity issues as set out in Policies 5, DM1 and GBRA1, it is noted that the development site is significantly removed from other properties and there would therefore be no adverse impact on existing properties in terms or overlooking, loss of light or privacy issues. The supporting details provided show indicative plans of a high quality bespoke rural residential development that would appear complementary to the appearance of the local area. While further applications would require to be submitted in due course with regard to the detailed design of the proposed dwellings, the view is taken that the site can be developed in a manner that would complement and indeed improve the visual appearance of the locality. To ensure this, a condition would be attached to any consent issued requiring the design and siting of any dwellinghouse on the site to take due cognisance of the rural location, with particular regard being paid to scale, massing, roof pitch, fenestration and materials. 6.7 With regard to vehicular and pedestrian access considerations, detailed discussions were held between the applicants and the Council’s Roads and Transportation Services in respect of the site. In particular, alterations to the proposals were required to ensure that safe pedestrian connectivity can be provided from the site to the nearby settlement at Newton. Amended proposals were submitted in this regard and these have been considered satisfactory by the Roads Service. Overall, the access and other roads details, as amended, are considered satisfactory by the Planning and Roads Services subject to conditions that would be attached to any consent issued. Similarly, matters of relevance noted by the Council’s Flood Risk Management Team, Environmental Services and the West of Scotland Archaeology 137
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Service can be dealt with through conditions that would be attached to any consent issued. No other consultees have raised any concerns with regard to the proposed redevelopment of the site. 6.8 With regard to climate change considerations as set out in Policy 2 of the adopted Local Development Plan it is noted that, although the site is located in the countryside, it is situated close to the settlement of Newton and within comfortable walking distance of Newton railway station. Furthermore, it is noted that the proposals include pedestrian connections considered appropriate by the Roads and Planning Services to ensure connectivity between the site, the railway station and other local amenities within Newton. In addition, where car parking is proposed to be located within the development, provision for Electric Vehicle Charging (EVC) points will be required as part of the conditions attached to any consent issued. As such, this is considered to be a sustainably located development that takes account of climate change requirements as detailed in Policy 2. 6.9 With regard to matters relating to the natural and historic environment as detailed in Policy 14, given that the proposed development relates to the removal of a number of buildings, including a dwellinghouse, a bat survey was required to be undertaken in this instance. The survey undertaken did not find any specific evidence of bats, although it was noted that the wider landscape is one which would be suited to such species. As such, the recommendations of the report are that a further, more invasive, species survey be undertaken as part of any future detailed application in respect of the site, prior to any demolition works being undertaken. Any consent issued would be appropriately conditioned in this regard and, on this basis, the view is taken that the proposals can be considered to appropriately comply with the provisions of Policy 14 at this permission in principle stage. 6.10 In summary, following a detailed assessment of the proposals as set out above, it is considered that the development would represent an appropriate redevelopment of a redundant steading and, subject to conditions that would be attached to any consent issued, would fully comply with the relevant provisions of the South Lanarkshire Local Development Plan 2 (adopted 2021), with specific regard to Policies 2, 4, 5, 14, DM1, GBRA1 and GBRA5 as well as with the Council’s Residential Development Guide. It is therefore recommended that Planning Permission in Principle is granted for the proposed development, 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, 4, 5, 14, DM1, GBRA1 and GBRA5 of the South Lanarkshire Local Development Plan 2 (adopted 2021) and with the Council's Residential Design Guide. David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references None 138
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List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 15 June 2022 ► Consultations West of Scotland Archaeology Service 23.06.2022 Roads Development Management Team 01.11.2022 Environmental Services 21.06.2022 Roads Flood Risk Management 25.08.2022 Scottish Water 20.06.2022 SP Energy Networks 15.06.2022 Network Rail 20.06.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Declan King, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 843 111 Email: declan.king@southlanarkshire.gov.uk 139
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Detailed planning application Paper apart – Application number: P/22/0712 Conditions and reasons 01. Prior to the commencement of development on site, a further application(s) for the approval of any of 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) including the proposed dwellinghouses, which shall be no greater than 2 storeys in height and comprise no more than four residential units in total 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); Reason: To comply with section 59 of the Town and Country Planning (Scotland) Act 1997 as amended. 02. That the further application required under Condition 1 above shall include the provision of the following details, to the satisfaction of the Council as Planning Authority:- - details of facilities for the storage of refuse within the proposed development, including the design, location and access for uplift; - a scheme for the control, mitigation and monitoring of dust within the site. Reason: In the interests of environmental amenity. 03. That, notwithstanding the terms of Condition 1 above, the design and siting of any dwellinghouse on the site shall take due cognisance of the rural location, with particular regard being paid to scale, massing, roof pitch, fenestration and materials. Reason: In the interests of amenity and to ensure satisfactory integration of the new dwellinghouses with the Greenbelt location in which they are to be situated. 140
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04. 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 with a minimum provision of one charging point per residential unit. Prior to any works commencing on site details of the proposed arrangements shall be submitted to, 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. 05. 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. 06. That the further application required under Condition 1 above shall include the provision of details of surface water drainage arrangements to be 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 thereafter 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. 07. That the recommendations of the species survey submitted in respect of the site carried out by JDC Ecology and dated May 2022, to include the undertaking of a further dawn to dusk survey in accordance with the specified timescales contained therein, shall be adhered to at all times on site to the satisfaction of the Council as Planning Authority. Reason: To ensure the protection of species within the site as appropriate. 08. Prior to development commencing, the developer shall secure the implementation of an archaeological standing building survey of the extant structures, to be carried out by an archaeological organization acceptable to the Planning Authority. The scope of the archaeological standing building survey will be set by the West of Scotland Archaeology Service on behalf of the Planning Authority. The name of the archaeological organization 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 the survey commences. Copies of the resulting survey shall be deposited in the National Record for the Historic Environment Scotland and in the local Historic Environment Record upon completion. Reason: To ensure that a programme of archaeological work is completed to mitigate the loss of the existing buildings from the site. 141
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09. That before the development is completed or brought into use, all of the parking spaces shown in Drawing EH-M-PL03 Rev C 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. 10. That before the development hereby approved is completed or brought into use, the entire access road and footpath network serving the development shown in Drawing 22128-SK-01 of the approved plans shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the dwellings. 11. The development to which this permission in principle relates shall be begun no later than the expiration of five years beginning with the date of grant of this decision notice. Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). 142
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0360 Erection of dwellinghouse (Planning Permission in Principle) 1 Summary application information Amended •Application type: Permission in principle • Applicant: Mr Kevin Brown •Location: Land at Spittal Farm Spittal Road Carnwath Lanark ML11 8LY [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse detailed planning permission (for the reasons stated). [1recs] 2.2 Other actions/notes (1) The Planning Committee has delegated powers to determine this application. 3 Other information ♦ Applicant’s Agent: Catherine Lyon ♦ Council Area/Ward: 03 Clydesdale East ♦ Policy Reference(s): SLDP2: Policy 2 Climate Change SLDP2: Policy 4 Green Belt and Rural Area SLDP2: Policy 5 Development Management and Placemaking SLDP2: Policy GBRA1 Rural Design and Development SLDP2: Policy GBRA8 Development of Gap Sites SLDP2: Policy GBRA9 Consolidation of Existing Building Groups 11 145
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♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 1 Comment Letter ♦ Consultation(s): West of Scotland Archaeology Service Roads Development Management Team Scottish Water Arboricultural Services 146
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Planning Application Report 1 Application Site 1.1 The site (0.3975 ha) is located to the east of a line of 6 dwellings, the easternmost of which is a property called Medwyn Rise, on agricultural land forming part of the Spittal Farm landholding, the steading of which adjoins the eastern boundary of the site. To the south the site faces onto Spittal Road, a minor public road and beyond by agricultural land sloping down to the North Medwyn. To the north is the remaining agricultural field area. In the middle of the site there is a sparse line of low quality trees in a state of decline, formerly following a field boundary. Carnwath lies 1km to the north. 2 Proposal(s) 2.1 The applicant seeks planning permission in principle for a detached dwelling (the site plan shows the indicative footprint of the proposed dwelling). The proposal also includes re-establishing and consolidating the tree line which previously formed a field boundary crossing the site. The house will be sited to the west of the proposed tree line – the land to the east of the tree line will be retained as a paddock. The applicant proposes a legal agreement to ensure the land to the east of the tree line remains undeveloped. 2.2 A Supporting Statement, addendum and correspondence have been submitted as supporting information. 3 Background 3.1 Local Plan Status 3.1.1 In the adopted South Lanarkshire Local Development Plan 2 the following Polices - 2 - Climate Change, 4 – Green Belt and Rural Area, 5 - Development Management and Place Making, GBRA1 - Rural Design and Development, GBRA8 - Development of Gap Sites and GBRA9 - Consolidation of Existing Building Groups are of relevance to the determination of this application. 3.2 Relevant Government Advice/Policy 3.2.1 In terms of residential development, Scottish Planning Policy (SPP) advises that the planning system should identify a generous supply of land to support the achievement of housing land requirements and maintaining at least a 5 year supply of land at all times. It should also enable the development of well designed, energy efficient, good quality housing in sustainable locations and focus on the delivery of allocated sites. Consideration should be given to the re-use or re-development of brownfield land before development takes place on greenfield sites. In all rural and island areas promote a pattern of development that is appropriate to the character of the particular rural area and the challenges it faces. Where ongoing development pressures are likely to continue, it is important to protect against an unsustainable growth in car based commuting and the suburbanisation of the countryside. Include provision for small scale housing which supports sustainable economic growth in a range of locations, taking account of environmental protection policies and addressing issues of location, access, siting, design and environmental impact. 3.3 Planning Background 3.3.1 There have been no previous planning applications within the site although immediately to the east within the same landholding (owned by the agent for the applicant) Planning Permission CL/06/0880 was granted for a farmhouse in May 2008. Planning Permission CL/07/0788 was granted for the siting of a residential caravan (temporary consent) in December 2007. A Discharge of Planning Obligation 147
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CL/12/0468 attached to planning consent CL/06/0880 which restricted occupancy and sale of the farmhouse was granted in May 2012 because further finance to complete the approved dwelling was not possible without the removal of these restrictions. Planning Permission CL/12/0256 for removal of condition 02 ‘restricting occupancy of house to someone employed in agriculture’ was approved in December 2012. New outbuildings have been built beside the farmhouse. This represents a new farmhouse and steading – the development does not relate to the consolidation of an original farm steading. At the western extremity of the landholding, well beyond the building group and steading, Prior Approval CL/17/0076 was not required for an agricultural building in March 2017. P/20/1640 was granted for an extension to that agricultural shed in November 2020. Prior Approval P/18/0922 was not required for a container for agricultural equipment in July 2018, sited to the north of Old Medwyn Mill. Prior Notification CL/14/0299 for an agricultural building in isolated location to the north of Spittal Road, was granted in August 2014. Prior approval for a sheep handling shed and feed silo at the same location, was granted in March 2015. Planning Permission CL/15/0405 for temporary accommodation, beside the silo and shed, was granted in January 2016 because accredited flock requires to be isolated from other breeds for biosecurity reasons – as the temporary consent expired in 2019 a new temporary consent for accommodation was granted in February 2021. Prior Approval P/18/0147 for a polytunnel to the north of Old Medwyn Mill, was granted April 2018. These developments represent a random scattering of buildings across the landholding at odds with the normal and preferred practice of consolidating agricultural operations at the one steading. 4 Consultation(s) 4.1 Scottish Water – There is sufficient capacity at the Coulter Water Treatment Works. Unfortunately, according to their records there is no public Scottish Water Waste Water infrastructure within the vicinity of this proposed development, therefore, the applicant is advised to investigate private treatment options. For reasons of sustainability and to protect their customers from potential future sewer flooding, Scottish Water will not accept any surface water connections into their combined sewer system. Response: Noted. If permission is granted conditions will be applied requiring details of surface water drainage and private sewerage arrangements. There is no combined sewer in the vicinity to connect into. 4.2 Roads and Transportation Services – No objection subject to conditions covering visibility, parking, turning area, location of gates and provision of passing place between Medwyn Rise and the proposed site access. Response: Noted. If the Planning Committee determine that the planning application should be approved, then appropriate conditions can be attached. 4.3 WOSAS – Due to the proximity to the line of a Roman road, normally an archaeological investigation condition would be recommended. In this instance, Dr Swanson, the former Manager of the Archaeology Service, provided comments in response to a 2006 application for the construction of a new farmhouse immediately to the north-east (planning reference CL/06/0880). Dr Swanson advised that she did not consider archaeological work to be required in relation to that application and given the proximity of the current proposal to the site of the (now-completed) farm, it is accepted that it could raise issues of consistency if a condition was attached to any consent issued in relation to the current application. Response: Noted. 148
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4.4 Arboricultural Services – No response received to date. Response: No existing trees are directly affected by this proposal. 5 Representation(s) 5.1 In response to the carrying out of neighbour notification and the advertisement of the application in the local press due to Development Contrary to the Development Plan and non-notification of neighbours, 1 comment letter has been received. The issues raised are summarised below:- a) Existing soakaway drain and septic tank outfall pipe from neighbouring property falls within the application site boundary. The neighbour has a continuing right to access for maintenance purposes. Any planning approval should make reference to this drainage and ensure that the drainage is not affected, or a condition is attached requiring approval for any modification to the drainage. Response: If the Planning Committee determine that the application should be approved then an appropriate condition could be attached to protect this drainage. 5.2 This letter is available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 The determining issues in the consideration of this application are its compliance with the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 6.2 The Scottish Planning Policy (SPP) states that the planning system should in all rural and island areas promote a pattern of development that is appropriate to the character of the particular area and the challenges it faces and encourage rural development that supports prosperous and sustainable communities and businesses whilst protecting and enhancing environmental quality. In this instance it is considered that the proposed development is not consistent with the SPP in that it would further erode the quality of the countryside and represents the continuing urbanisation of the rural area within this vicinity. The proposal, if approved, would not protect, or enhance the environment at this location nor support a prosperous and sustainable community. Local Plan policies already allow for multiple opportunities for small scale housing development in the rural area. 6.3 In terms of local plan policy the application site lies within the rural area and is subject to assessment against Policy 4 - Green Belt and Rural Area of the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). This states that development which does not require to be located in the countryside will be expected to be included within a settlement boundary. This policy further states that within rural areas the Council seeks to protect the amenity of the countryside while, at the same time, support small scale development in the right places that is appropriate in land use terms and is of high environmental quality that support the needs of the community. 6.4 Policy GBRA1’s primary requirement is that proposed development “should be sited in a manner that respects existing built form, land form and local landscape character and setting”. 6.5 Policy GBRA8 development of gap sites outlines criteria which should be adhered to in order for a proposal on a gap site to be favourably considered; the salient criteria are as follows:- 149
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the building group should form a clearly identifiable nucleus with strong visual cohesion. The site should be bounded on at least two sides by habitable houses or other buildings that are either in use or capable of being brought back into use. The distance between the existing buildings shall be no more than that needed to form a maximum of two house plots of a size in keeping with the curtilage and frontage of the existing group the proposed house size to plot ratio shall be comparable to existing properties in the building group the proposed development shall not result in ribbon development or coalescence with another building group exceptionally, within the rural area only, the layout of the existing group of houses may allow the infill of a small area up to a natural boundary, for example, an established tree belt or other landscaping feature, a physical feature such as a boundary wall or road 6.6 Policy GBRA9, relative to the consolidation of existing building groups, advises that proposals for new houses within existing building groups will be supported, subject to specified criterion. It requires that new development shall:- reflect and respect the scale, character, cohesiveness of the building group not result in ribbon/linear development shall not significantly adversely affect the landscape character or setting of the area. It is noted that existing natural boundaries between the existing group and the countryside shall be maintained and that natural boundaries shall generally take precedence over man-made boundaries when defining the extent of a building group 6.7 The site sits to the east of a line of five suburban bungalows situated on the north side of Spittal Road which were constructed in the 80s/90s. Although subject of approval at the time, this one sided line of bungalows appears as an anomaly at odds with the pattern of rural development in the area and certainly contrary to current planning policy and guidance which aims to discourage this type of suburbanisation – approval cumulatively would exacerbate the impact of suburbanisation in this locality. The indicative house plot located to the west of the line of trees would not be closely bounded by buildings and the small number of sparse trees in poor condition would not physically or visually provide a strong defensible edge. Although it is noted that the applicant is willing to restrict the development on the site area between Spittal Farm and the line of trees, that area nevertheless falls within the application site boundary thereby giving an assigned curtilage significantly larger than the existing dwellings in the nearby building group. There is a proposal to strengthen the line of trees with additional planting, however, that would take time to mature and become established. Therefore, the criteria for a gap site development cannot be met. Whether two or only one house is proposed, it still represents inappropriate ribbon/linear development which exacerbates the impact of existing ribbon/linear development. The applicant believes that the building group should have been designated as a settlement as it is similarly sized to other building groups which have already been formally designated as settlements through the Local Plan process and if designated, the proposal could be considered as a proportionate expansion of the settlement under the terms of Policy GBRA7 – Small Scale Settlement Extensions. There has to date been no representation during the preparation and consultation period for previous Local Plans for Spittal to be designated as a settlement, however, the applicant asserts that due to the time delay in preparing a new local plan there is material justification for theoretically assessing the proposal as if Spittal was already a designated settlement. From a 150
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South Lanarkshire planning perspective with numerous emerging environmental issues to address, designating a new settlement for the purpose of allowing the addition of a single dwelling is not seen as a pressing priority. Even if Spittal was a designated settlement, this proposal would not represent the natural and proportionate rounding off of the settlement edge for the reasons outlined above. The proposal would not consolidate nor round off the building group rather it would extend beyond the defined group into a greenfield site currently used as productive agricultural land. On this basis, it is considered that the application proposal is contrary to Policies 4, GBRA1, GBRA8 and GBRA9 of the adopted SLLDP2. 6.8 Policy 2 – Climate Change states that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change by being sustainably located and having no significant adverse impacts on the water and soils environment. The application site is not located within any flood risk area and the provision of any form of drainage system on the site would not significantly adversely impact on the water and soils environment of the surrounding area. At the further detailed stage conditions could be attached requiring energy efficiency, low carbon technology and a charging point for electrical cars. The proposal, therefore, complies with Policy 2 of the current Local Development Plan. 6.9 Policy 5 - Development management and placemaking states that all development proposals will require to take account of and be integrated with the local context and built form. Development proposals should have no significant adverse impacts on the local community. As stated above, the proposal would result in a development that would not take account of nor integrate well with the local context and built form in the area and would therefore have significant adverse impacts on the local community and environment of the surrounding area. The proposal also fails to comply with Policy 5 of the current Local Development Plan. 6.10 The supporting statement accompanying the application refers to the draft Fourth National Planning Framework (NPF4) having the aims of increasing the population of the rural areas, choice about where people live, encouraging remote working and consolidating 20 minute neighbourhoods. Guidance encourages local authorities to facilitate sensitive housing development in the rural area, however, that does not imply unrestricted development at the expense of countryside quality and a distinctive rural character. Local Plan policies already afford a range of opportunities for small scale housing developments in the countryside, subject to environmental, amenity, road safety and infrastructure constraints, which tie in with these aims – these include: gap site developments; consolidation of existing building groups; small scale settlement extensions; redevelopment of previously developed land containing buildings; conversion and re-use of existing buildings and accommodation associated with an existing or proposed rural business. For the reasons outlined above this planning application does not comply with Local Plan policies covering new housing in the rural area. 6.11 The agent for the applicant who owns Spittal Farm, which includes the application site, advises that the sale of the land will help raise money to complete the approved handling shed, silo and cabin. This is the only reason the application was made, as it will assist the farm development at a time when the government is looking to increase food production from local resources. This is somewhat contradictory as the proposal will result in the loss of productive agricultural land and if land must be sold off to complete agricultural buildings, the viability of the farm business is questionable. Also, over the years there has been a random spread of assorted sheds and structures in isolated locations throughout the landholding, distant from the steading, contrary to normal practice whereby operations are consolidated within 151
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the confines of one steading (see paragraph 3.3.1 documenting the history of prior notifications and planning permissions at Spittal Farm). This spread of structures in various locations has cumulatively created an impression of rural clutter – that pattern of development along with the current proposal will further erode the quality of the countryside in this locality. 6.12 In view of the above, it is concluded that the proposal does not comply with the requirement of applicable policies within the adopted South Lanarkshire Local Development Plan 2. It is therefore recommended that permission is refused. 7 Reasons for Decision 7.1 The proposed development does not comply with the requirements of Policies 4 (Green Belt and Rural Area), 5 (Development Management and Placemaking), GBRA1 (Rural Design and Development), GBRA8 (Development of Gap Sites) and GBRA9 (Consolidation of Existing Building Groups) of the adopted South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 4 November 2022 Previous References None List of Background Papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 23 March 2022 ► Consultations West of Scotland Archaeology Service 28.03.2022 Roads Development Management Team 27.04.2022 Scottish Water 29.03.2022 Arboricultural Services ► Representations Dated: Robert and Roberta Dunsire, Medwyn Rise Spittal, Spittal Road, Carnwath, Lanark, South Lanarkshire, ML11 8LY 03.04.2022 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Ian Hamilton, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 07551 845 733 Email: ian.hamilton@southlanarkshire.gov.uk 152
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Detailed planning application Paper apart – Application number: P/22/0360 Conditions and reasons Reasons for refusal 01. The proposal would be contrary to Policy 4 (Green Belt and Rural Area) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification, which adversely affects the character of the Rural Area at this location. 02. The proposal would be contrary to Policy 5 (Development Management and Placemaking) and GBRA1 (Rural Design and Development) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification, which would exacerbate the impression of suburbanisation at this location, leading to further erosion of the rural character. 03. The proposed residential dwelling on the site would be contrary to Policy GBRA8 (Development of Gap Sites) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification. The site is not closely bounded on two sides by existing buildings and the proposed dwelling and associated curtilage would be significantly larger than existing plots within the linear group. The proposal would exacerbate the impression of existing ribbon/linear development adversely affecting the amenity of the Rural Area at this location. 04. The proposed residential dwelling on the site would be contrary to Policy GBRA9 (Consolidation of Existing Building Groups) of the South Lanarkshire Local Development Plan 2 as it would constitute an inappropriate form of development, without appropriate justification. The proposal would exacerbate the impression of existing ribbon/linear development, extending the building group beyond the existing boundary of the existing group into greenfield/agricultural land, which would adversely affect the amenity of the Rural Area at this location. 153
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/0931 Erection of 5 no. dwellings with associated works (approval of matters specified in conditions attached to P/18/1126) 1 Summary application information Amended •Application type: Detailed planning application • Applicant: MPS (Glassford) Limited •Location: Hallhill Hunterlees Road Glassford Strathaven ML10 6TS [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant approval of matters specified in conditions - subject to conditions (based on the 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: 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 11 - Housing Policy 14 - Natural and Historic Environment Policy DM1 - New Development Design 12 155
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Policy DM7 – Demolition and Redevelopment for Residential Use Council’s Residential Development Guide (2011) ♦ Representation(s): ► 8 Objection Letters ► 0 Support Letters ► 1 Comment Letters ♦ Consultation(s): Roads Development Management Team Environmental Services Scottish Water SP Energy Networks West of Scotland Archaeology Service Roads Flood Risk Management Countryside and Greenspace Strathaven and Glassford Community Council 156
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Planning Application Report 1 Application Site 1.1 The application site relates to an area of land adjacent to Hallhill House, off Hunterlees Road, Glassford. The site, extending to approximately 0.6 hectares, is currently vacant and overgrown with a number of mature and semi mature trees and shrubs in varying conditions. Hallhill House, a category ‘B’ listed building is located to the east of the site. There are existing residential developments situated to the north, west, and south-west of the site, and agricultural land to the north-east and south-east. The site is relatively flat though it is noted that the north of the site has an existing sloped embankment and there is also a slight slope upwards to the south-east of the site towards the access to Hallhill House. The site is accessed off Hunterlees Road. It is noted that there was a large outbuilding on the site, however, this required to be removed in June for safety reasons. As such, its base remains on-site. 2 Proposal(s) 2.1 The applicant seeks approval for the matters specified in condition for the erection of 5no. dwellings with associated works at the site. As there is an existing Permission in Principle at the site which was granted under application P/18/1126, and previous application EK/15/0156, this is an approval of matters specified in conditions application. Condition 1 of P/18/1126 specifies that all relevant matters such as layout, siting, design, landscaping, drainage etc are submitted to and approved by the Planning Service. 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 proposal comprises of 5no. detached dwellings, each two storeys in height and providing a floor area of approximately 225 square metres over both floors. 2no. dwellings would be located to the north-east of the site with the remaining 3no. to the west. Each dwelling would have private amenity space to its rear with a driveway and 3no. parking spaces to the front. Each dwelling would provide a lounge, kitchen, living/dining area and family room on the ground floor with 4no. bedrooms and associated en-suites on the upper level. The proposed materials include a mix of white render, natural slate effect tiles and reclaimed stone features. 2.3 The proposal would utilise the existing access track from Hunterlees Road which also serves Hallhill House. The existing access track would be upgraded with appropriate drainage and be extended through the site to provide access to the plots, including a turning space. The proposal also requires the removal of a number of trees and shrubs. 2.4 As part of the application submission, the applicant has provided a number of supporting documents including a design and access statement, site investigation, flood risk assessment, archaeological evaluation, tree survey, ecological appraisal and bat roost survey. 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). As the full site is now located within the settlement boundary, Policy 3 - General Urban Areas and Policy 5 - Development Management and Placemaking are both applicable. The site is also allocated for housing, as well as being adjacent to a listed building, therefore Policy 11 – Housing, and Policy 14 – 157
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Natural and Historic Environment are also applicable. Policy 2 – Climate Change, Policy DM1 – New Development Design, and DM7 - Demolition and Redevelopment for Residential Use are also relevant. 3.2 Relevant Government Advice/Policy 3.2.1 None relevant. 3.3 Planning Background 3.3.1 Permission in Principle for residential development at this site was granted in October 2015 under application EK/15/0156. This was subsequently renewed under further application P/18/1126. 4 Consultation(s) 4.1 Roads and Transportation Services (Development Management) – no objection to the proposal as the proposed access, improvements to the access and parking are acceptable, however, requested the attachment of a condition requiring a Construction Traffic Management Plan to be submitted. Response: Noted. Should permission be granted, an appropriate condition can be attached. 4.2 Environmental Services – no objections to the proposal subject to the attachment of conditions and advisory notes requiring details of all ground works; a Noise Impact Assessment; and details of the storage and collection of waste to be submitted. Response: Noted. Should permission be granted, appropriate conditions can be attached. 4.3 Roads and Transportation Services (Flooding) - no objections subject to the applicant satisfying the Council’s design criteria and conditions relating to Sustainable Urban Drainage Systems and flood risk, and the applicant demonstrating wayleave agreement for the proposed surface water conveyance pipe. Response: Noted. Should permission be granted, appropriate conditions can be attached. 4.4 West of Scotland Archaeology Service (WOSAS) – no objections subject to the attachment of a condition requiring the applicant to secure the implementation of an archaeological watching brief. Response: Noted. Should permission be granted, an appropriate condition can be attached. 4.5 Countryside and Greenspace – no observations to make on the application. Response: Noted. 4.6 Scottish Water – no objections to the proposal. Response: Noted. 4.7 SP Energy Networks – no response received to date. Response: Noted. 4.8 Strathaven and Glassford Community Council – concerns that the submission does not include archaeological and environmental surveys, sections, details of retained trees, gateway details, landscaping and details of refuse collection. The proposal will result in a loss of privacy, construction noise and create drainage issues. 158
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Response: It should be noted that supporting information is not required to be provided at the time of submission, however, it is required prior to determination of an application. The Planning Service is satisfied that all required information necessary to assess this proposal has been submitted by the applicant. The layout has been designed to avoid overlooking and loss of privacy. Should permission be granted, a condition in relation to refuse collection will be attached. Roads Flooding have raised no objection to the proposal subject to the attachment of conditions requiring the applicant to satisfy the Council’s design criteria. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken, and the proposal was also advertised in the local press as not all neighbours could be identified. Ten letters of representation have been received, the points of which are summarised below:- a) The application submission is missing the following key documents; archaeological survey; updated environmental survey; site section plan for proposed plots 1, 2 and 3; plan for retention of trees; sewage handling plan; SUDs details; drainage run-off details. Response: It should be noted that supporting information is not required to be provided at the time of submission, however, it is required prior to determination of an application. The Planning Service is satisfied that all required information necessary to assess this proposal has been submitted by the applicant. b) There will be a significant loss of privacy and overlooking of 11 and 15 Hunterlees Gardens from proposed plots 1, 2 and 3. There is no details as to the finished level of the plots or completed road into the site. Response: Proposed plot 1 sits side-on to 15 Hunterlees Gardens where the side facing elevation contains one WC window at ground floor level which will be obscurely glazed ensuring no overlooking. Proposed plot 2 backs onto both 11 and 15 Hunterlees Gardens, though it is noted that the proposed dwelling would be closer to 15 than 11 Hunterlees Gardens. As the existing dwellings sit at an angle to the proposed dwelling on Plot 2, and the garden depth exceeds the required 10 metres, this is considered an acceptable distance for a residential development. Proposed plot 3 is side-on to 11 Hunterlees Garden where the elevation contains one WC window at ground level ensuring no overlooking. Therefore, as the dwellings at Hunterlees Gardens and proposed plots 1 to 3 all sit at angles to each other, there are no directly facing windows. As such, it is considered the proposed plots comply with the Council’s requirements in the Residential Development Guide (RDG). In terms of overlooking from garden level, is noted that 1.8 metre high fencing would be erected along the boundary with Hunterlees Gardens which is also considered acceptable for adjacent residential developments. Sections have been provided demonstrating that the finished levels will reflect the current level of the site. Whilst the road will be upgraded, there will be no significant increase in its level. c) No detail has been provided as to proposed boundary treatment between the site and 11 and 15 Hunterlees Gardens. A utility strip separating the properties should be included for maintenance. Response: As noted above, the applicant proposes 1.8-metre-high timber boundary fencing around the rear and sides of each plot to define the gardens, which is considered acceptable. An amended site layout has been provided showing this detail. There is no requirement for service strips to be implemented between the site and adjacent properties, however, it is noted 159
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that there is a strip of land outwith the site boundary separating it from the properties at Weavers Lane to the north. d) No detail of planting to mitigate any overlooking/loss of privacy has been submitted. Any planting should not be obtrusive or lead to a loss of light. Response: As noted above, standard fencing will be provided. Should permission be granted, a condition would be attached for a full landscaping plan for the site to be submitted and approved by the Council and thereafter implemented. This has specified that there should be planting along the boundary with the properties at Hunterlees Gardens. e) There is no detail as to what is happening to the protected trees. There are discrepancies between the tree report and accompanying plans. Response: The applicant has provided an amended site layout which now shows the trees proposed to be retained as part of the development. It is noted that there were some irregularities in the tree report and accompanying plans. However, this has since been rectified. f) The application does not include details of refuse collection. If the bin lorry does not enter the site as it does currently, this would result in 20 bins on Hunterlees Road which would be dangerous. Response: The Council’s Environmental Services were consulted and offered no objections, however, requested the attachment of a condition for full details of the storage of refuse, including uplift, to be submitted and approved prior to occupation of the dwellings. Should permission be granted, the requested condition will be attached. g) There is no mention on the plans of the reinstatement of the gate pillar that was removed to allow access for demolition of the outbuilding several months ago. Response: The applicant has advised the Council this will be reinstated by a qualified stonemason following completion of the development. However, should permission be granted, a condition would be attached to ensure this is carried out. h) Each dwelling provides for 3no. cars which will result in increased traffic entering and exiting the site. The entrance to the site is already in a dangerous location and additional traffic will add to the risk of accidents. Furthermore, during construction works, this may result in the blocking of two passing places on Hunterlees Road. Adequate parking for vehicles associated with the development must be provided. Response: The Council Roads Development Management Team have been consulted as part of the application process and have raised no road safety objections. However, they have requested the attachment of a condition for the provision of a Construction Traffic Management Plan. Should permission be granted, an appropriate condition will be attached. i) There will be excessive noise during construction which will impact adjacent properties. No detail has been provided as to whether works will take place in a single phase or over a number of years. The previous PiP limits working hours. Will this be applied to this application? 160
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Response: As noted above, the Council’s Environmental Services have been consulted and raised no objections. However, they have requested conditions be attached for full details of all proposed ground works to be submitted as well as a noise impact assessment, prior to works commencing on site. This will include details of how to minimise noise for adjacent properties. The standard working hours advisory set out by Environmental Services in relation to audible construction works would be applied here, which is Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday - No audible activity. j) There is no mention on the application as to how the well will be incorporated on site. In addition, there is no mention of how the ruins of an ancient outbuilding will be handled. Response: The supporting documents advise that the well is to be incorporated into the development as a feature. However, should permission be granted, a condition will be attached for full details of this to be submitted and approved. It is also noted that West of Scotland Archaeology Service (WOSAS) have reviewed the proposal and the accompanying Archaeological Evaluation and raised no objections subject to the attachment of a condition requiring implementation of an archaeological watching brief. Should permission be granted, this condition will be attached. k) On-going construction and building works may impact future ability to sell property and affect value. Response: This is not a valid planning consideration. l) The application site boundary is incorrect as it includes part of the property at Hallhill House. This should be redrawn in line with the site boundary as per the Land Register of Scotland. Response: It is noted that a small section of the site boundary is outwith the applicant’s ownership. However, as the applicant has owner notified Hallhill House, procedurally, this is acceptable. m) The proposal will have an impact on the setting and character of Hallhill House. The work completed to date has destroyed/removed the north gate pillar at the entrance to the site. Response: As noted above, the pillar will be reinstated to the Council’s satisfaction following completion of the development. In terms of impact on the adjacent listed building, it is considered that the proposed dwellings are far enough removed from the listed building to minimise any impact on its character and setting. n) Plots 1 and 5 will encroach on the privacy of Hallhill House from the door/windows elevations, as well as from the parking and garden areas. Users of the access road will also overlook the property due to the gradient of the track. Response: It is noted that Plot 5 will sit to the rear of Hallhill House. However, given that this will be side-on to the existing property and the only window on this side is an upper storey en-suite window which would be obscurely glazed, it is not considered there will be any encroachment of privacy from windows. As there will be boundary fencing, it is not considered there will be any overlooking from the parking and garden areas from this plot either. In relation to the dwelling at Plot 1, this is situated to the south-west approximately 35 metres from Hallhill House. Given that this would also only have one obscurely glazed upper window facing towards the property, and 161
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given its distance away, it is not considered there would be any overlooking from the windows or garden/parking areas of this plot. It is noted that there is a gradual incline in the access road on the approach to Hallhill House, however, it is not considered that this will result in any overlooking. o) The site is not listed in the Local Development Plan (LDP) 2 as a Community Growth Area (CGA) or Masterplan site which are the Council’s regeneration and growth priorities. This site should not be given priority for development. Response: A site does not require to be a CGA or designated for residential development within the LDP2 to be considered for development as all applications must be assessed and determined on their own individual merits. In this case, the site already benefits from a Permission in Principle, therefore the principle of residential development is already accepted. In addition, as noted above, under the adopted LDP2 (2021), the site is now located within the settlement boundary, therefore the principle of residential development at the site is not contrary to policy. p) The proposal does not specify what changes will be made to the shared access track and how this will impact on Hallhill House during construction works. Access must be maintained at all times. Response: The existing access to the site will be widened from Hunterlees Road to the proposed houses. As noted above, the Council’s Roads section have requested the provision of a Construction Traffic Management Plan. The applicant is aware that access to Hallhill House should be maintained. q) There is no mention of what is proposed for the area of land to the north-east of the site as there is a path between plots 4 and 5 shown on the plans. Response: This application does not include any proposal for the land to the north-east of the site. However, the applicant advises the path shown between proposed plots 4 and 5 is to maintain the right of the adjoining landowner to access the culvert on the land. r) The tree survey refers to construction exclusion zones and root protection areas, however, there is no explanation of how this will be achieved. Response: All removals require to be in compliance with the British Standard guidance (BS5837/2012) for trees in relation to demolition and construction. The requirement to comply with this is noted in the applicant’s supporting documentation, however, a condition has been attached specifying this. s) The site is rich in biodiversity and includes a number of trees. The site has already been stripped of much of its vegetation. South Lanarkshire Council has a commitment to climate change and protecting trees and this proposal goes against it, as well as the Scottish Government’s biodiversity strategy. Response: The applicant has confirmed that 21 trees require to be removed, 12 of these are due to condition, and 9 due to their positioning on the site. Whilst it is regrettable that trees require to be removed as part of this proposal, the site is overgrown and unmaintained and removal is therefore considered justifiable in this instance. It is noted that whilst some trees will be retained, the Council will be seeking further replanting as part of a landscaping scheme. 162
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t) Glassford is rural in nature and the addition of a further 5 properties further increases the population and urbanisation of a rural area and puts strain on already stretched resources. Response: Whilst adjacent to the rural area, the application site is now included within the Glassford settlement boundary. As the proposal is for 5no. additional properties and the Council is satisfied the infrastructure required to serve the development can be implemented, the proposal is considered acceptable. u) The Flood Risk Assessment (FRA) implies the site doesn’t flood. There are locations within the site with pond-like water for much of the year therefore this report underestimates the volume of water it can contain and as a result there may be inadequate provision to control flood water and run-off. As Hallhill House sits downhill of the site, there is risk of flooding to the historic site. Response: The FRA has been assessed by the Council’s Roads Flooding section, with additional information provided where requested. Roads Flooding have raised no objection to the proposal subject to the attachment of conditions requiring the applicant to satisfy the Council’s design criteria and provision of signed appendices and demonstrating wayleave agreement for the proposed surface water conveyance pipe. Should permission be granted, appropriate conditions will be attached. v) The bat survey was carried out at the wrong time of year and the environmental report is very limited. Due to the removal of much of its vegetation, other than some mature trees, this will have resulted in the loss of some species from the site. Response: The bat roost survey submitted was carried out in May which is an acceptable time for this. Furthermore, a pre-dawn survey was carried out in June. This concluded that no active bat roosts were present within the site. The ecological appraisal submitted was also carried out in May. The Council is satisfied that the scope of this is acceptable for the purposes of this application. This concluded that there are no notable species or habitats found within the application site, however, included a number of recommendations for the developers. As such, a condition has been attached requiring the developer to comply with all recommendations of these surveys. w) Objector disagrees with a number of the statements within the applicant’s supporting statement and considers it should be discounted by the Council. Response: Whilst this is noted, how this information is used is at the discretion of the Council. 5.2 These letters are available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 Planning Permission is sought for the erection of 5no. dwellings with associated works on land at Hallhill, Glassford. As detailed above, the site benefits from Permission in Principle P/18/1126, therefore, the principle of the development has already been established. This assessment therefore relates to the details of the proposed site layout and associated works, and the determining issues in the assessment of this proposal is its compliance with local development plan policy and any other material considerations. 163
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6.2 In this case, the adopted South Lanarkshire Local Development Plan 2 (2021) identifies the site as being 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. 6.3 Policy 5 – Development Management and Placemaking advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and the environment. Policy DM1 – New Development Design also requires development to promote quality and sustainability in design and layout, and Policy 2 - Climate Change aims 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 As the site is allocated for housing in the LDP2, Policy 11 – Housing is applicable. As the site sits adjacent to a ‘B’ listed building, Policy 14 – Natural and Historic Environment is relevant and assesses all development proposals in terms of their effect on the character and amenity of the natural and built environment. 6.5 As there was previously an outbuilding on the site, Policy DM7 – Demolition and Redevelopment for Residential Use is relevant and advises developments of this nature must give careful consideration to the siting of buildings, massing, use of materials and existing landscape features to ensure that redevelopment schemes do not adversely affect the character of any adjacent residential areas. 6.6 In terms of the above policies, the application site is now within the settlement boundary with an allocation for housing. As detailed above, the principle of residential development at this site is accepted by virtue of previous consents and the re-zoning of the site under the adopted LDP2 (2021). In terms of the proposed design and materials, it is considered that the style and finishes of the dwellings are acceptable. Whilst within the settlement boundary, the site is adjacent to the rural area, as well as the ‘B’ listed building at Hallhill House. The dwellings have therefore been designed with the Council’s Rural Design Guide in mind in relation to proportions of windows and doors, as well as incorporating complementary materials such as reclaimed stone and natural slate effect tiles. I am therefore satisfied the design and materials are acceptable, however, a condition has been attached for samples of all materials to be submitted and approved prior to works commencing on site. 6.7 In terms of the proposed scale of the development, it is considered that that 5no. dwellings with the required infrastructure can be satisfactorily accommodated within the site and therefore the scale is appropriate. In terms of the layout, it is considered that the dwelling within each plot has been suitably orientated to minimise impact on adjacent properties in terms of overlooking, directly facing windows and garden depths. As such, it is considered the proposal is in compliance with the Council’s Residential Development Guide (RDG). In addition, this proposal will see the redevelopment of an overgrown and unkempt site whilst previously contained an outbuilding which has subsequently been demolished on safety grounds. It is therefore considered that this will be a visual improvement for the site. 6.8 In terms of trees, whilst it is Council preference for trees to be retained where possible, in this case, it is noted that the majority require to be removed due to poor condition, though some are purely to facilitate the development. Weighing up the 164
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condition of the site which is overgrown and unmaintained, as well as the conclusions of the ecological assessment and tree surveys submitted with the proposal, the Council accepts the removal of the trees in this case. The Council will, however, require replanting as part of a detailed landscaping scheme for the site and it is noted that a number of existing trees will be retained within the site, including two of the four Category A trees. 6.9 The Council’s Roads and Transportation Service, both Development Management and Flooding sections, were consulted on this application and have raised no issues with the proposed development subject to the attachment of conditions. As such, appropriate conditions have been attached. Environmental Services also raised no objections subject to the attachment of conditions and advisory notes. As such, these have also been attached. WOSAS and Scottish Water also had no objections. 6.10 As noted above, the application was advertised in the local press as not all neighbours could be identified. Following this, ten letters of representation were received, the points of which are summarised in section 5 above. Whilst the points raised have been noted, it is not considered they merit refusal of the application. 6.11 In conclusion, the principle of residential development of this site is supported by the appropriate local plan policies and the existing Permission in Principle associated with the site. 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, 14, DM1 and DM7 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 conditions attached. 7 Reasons for Decision 7.1 The proposal will have no adverse impact on amenity or on the character of the area and complies with Policies 2, 3, 5, 14, DM1 and DM7 of the adopted South Lanarkshire Local Development Plan 2 (2021). Executive Director (Community and Enterprise Resources) 14 November 2022 Previous references P/18/1126 EK/15/0156 List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 05 July 2022 165
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► Consultations Roads Development Management Team 05.10.2022 Environmental Services 01.08.2022 Scottish Water 12.07.2022 SP Energy Networks No response West of Scotland Archaeology Service 06.07.2022 Roads Flood Risk Management 16.09.2022 Countryside and Greenspace Strathaven and Glassford Community Council 07.07.2022 26.07.2022 ► Representations Dated: Donna Troughton, 11a Millar Street, Glassford, Strathaven, ML10 6TD 26.07.2022 Mrs Jane Brunton, 11 Hunterlees Gardens, Glassford, Strathaven, ML10 6GE 31.07.2022 Mr James Brunton, 11 Hunterlees Gardens, Glassford, Strathaven, ML10 6GE 11.08.2022 Mr Gordon McAllan, Received via Email 03.08.2022 Mr James Alexander, 15 Hunterlees Gardens, Glassford, Strathaven, South Lanarkshire, ML10 6GE 24.07.2022 James Brunton, 11 Hunterlees Gardens, Glassford, Strathaven, South Lanarkshire, ML10 6GE 14.07.2022 Mrs Louise Taboureau, 9 Weavers Court, Glassford, ML10 6FQ 25.07.2022 Mr Alexander Taboureau, 9 Weavers Court, Glassford, Strathaven, ML10 6FQ 26.07.2022 Mr Nick Reid, Hallhill, Glassford, Strathaven, ML10 6TS 25.07.2022 166
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Contact for further information If you would like to inspect the background papers or want further information, please contact:- Julie Pepper, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 842 709 Email: julie.pepper@southlanarkshire.gov.uk 167
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Detailed planning application Paper apart – Application number: P/22/0931 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That before any work commences on the site, a scheme of landscaping including a plan showing tree planting along the western boundary of the site, shall be submitted to the Council as Planning Authority for written approval and it shall include: (a) 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; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. Reason: To ensure the appropriate provision of landscaping within the site. 04. 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. 05. 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. 06. 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 5, shall be erected and thereafter maintained to the satisfaction of the Council. 168
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Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 07. 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. 08. That all trees to be retained within the site shall be fully protected during the period of construction and prior to any work commencing on the site, written details specifying the nature of such measures shall be submitted to and approved by the Council as Planning Authority. Existing trees to be retained must be protected in accordance with methods as set out in BS5837/2012 during and until completion of all site operations and building works. Reason: To ensure that adequate steps are taken to protect existing trees on the site throughout the period of the proposed building operations. 09. That prior to works commencing on site, details of all proposed ground works necessary for the development shall be submitted to the Council for written approval, and where noisy machinery and activities will be taking place, a Noise Impact Assessment shall be provided to demonstrate how noise disturbance to noise sensitive receptors in the area will be minimised. Reason: To minimise the risk of nuisance from noise to nearby residents. 10. 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. 11. That before any of the dwellinghouses hereby approved are occupied, details of the storage and collection of refuse within the development shall be submitted to and approved by the Council as Planning Authority. Thereafter, prior to the occupation of any dwelling, the approved scheme shall be implemented and thereafter maintained to the satisfaction of 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. 12. 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 169
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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 Council as Planning Authority prior to commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to the Council as 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. 13. 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 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 as well as to preserve the amenity of the surrounding area. 14. That all recommendations and procedures set out in the Acorna Ecology Ltd Preliminary Ecological Appraisal and Bat Roost Survey dated May to June 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. 15. That prior to works commencing on site, the applicant shall provide written confirmation of wayleave agreement for the proposed surface water conveyance pipe. Reason: This detail has not been submitted. 16. That following completion of the development hereby approved, the removed gatepier at the access to the site shall be rebuilt and reinstated by a qualified stonemason and thereafter maintained to the satisfaction of the Council as Planning Authority. Reason: To ensure satisfactory reinstatement. 17. That prior to works commencing on site, full details of the preservation and incorporation of the existing well into a turning point feature shall be submitted to and approved in writing by the Council and thereafter implemented and maintained to our satisfaction. Reason: These details have not been submitted. 18. 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 170
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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. 171
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/22/1047 Change of use of public open space to private garden ground and the erection of fencing 1 Summary application information Amended •Application type: Detailed planning application •Applicant: Mr Francis Glen •Location: 53 Mull East Kilbride G74 2DU [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: 10 East Kilbride East ♦ Policy Reference(s): Policy 3 - General Urban Areas Policy 5 - Development Management and Placemaking Policy DM2 - House Extensions and Alterations ♦ Representation(s): ► 11 Objection Letters ► 0 Support Letters ► 0 Comment Letters 13 173
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Planning Application Report 1 Application Site 1.1 The application site relates to an existing area of public open space located adjacent to the existing end-terrace dwellinghouse at 53 Mull, East Kilbride. The site is bound on two sides by existing 1.8-metre-tall boundary fences, whilst the remainder of the site is open and forms part of a larger informal public open space. Such informal open spaces are relatively common features in many areas of East Kilbride, particularly where houses are orientated with the principal elevation fronting onto remote footpaths and open space, as opposed to fronting onto the road, such as is the case here. The application site is covered in grass, with the closest footpath set back by a few metres from the application site and running parallel to the north- eastern boundary. 2 Proposal(s) 2.1 The applicant intends to change the use of the land from public open space to private garden ground. The proposal involves the erection of a 1.8-metre-tall fence around the remaining open boundaries of the site to enclose the land and to combine it with the applicants existing private garden ground. The site would then be used as part of the enlarged private garden ground associated with the existing dwellinghouse at 53 Mull. 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 part of the general urban area. The following policies are all relevant to the assessment of this proposal:- Policy 3 - General Urban Area Policy 5 - Development Management and Placemaking Policy DM2 - House Extensions and Alterations 3.2 Relevant Government Advice/Policy 3.2.1 There is no specific government advice or policy applicable to this type of proposal. 3.3 Planning Background 3.3.1 There have been no recent planning applications covering the site. 4 Consultation(s) 4.1 No formal consultations were required to be undertaken in respect of this planning application. 4.2 It is understood that, as the application site is Council-owned, the applicant has had prior discussions with colleagues in Estates Services about purchasing the area of land, and that no land sale would proceed without the relevant planning consent being obtained. This does not, however, have any impact upon the assessment or determination of this application. 5 Representation(s) 5.1 Statutory neighbour notification was undertaken in respect of this proposal and 11 letters of objection have been received in connection with this publicity. The grounds of objection can be summarised as follows:- 174
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a) Concerns that the proposal will remove a significant area of public open space which is used by local residents for recreation purposes and dog walking. Response: The proposal relates to only a small area of a much larger public open space serving residents of the local area. The change of use of this area of public open space to private garden ground would not significantly reduce the amount or quality of public open space available to local residents for recreation, leisure or dog walking. b) Concerns regarding the principle of the development. East Kilbride was built with the principle of providing green spaces to residents to the benefit of all. This application will bar access to a public open space resulting in a loss of amenity to the public, and it may set a precedent which will allow the gradual eroding of all public spaces. In addition, the land could more naturally be assumed to be suitable for the potential enlargement of the neighbour’s garden at number 53, due to the layout of the area. Response: Many areas of East Kilbride built by the Development Corporation were designed with the principal elevations of houses fronting onto footpaths and with generous public open spaces, and this helps to form the overall character of the area. The Planning Service seeks to retain this character and proposals for the change of use of open space to private garden ground are therefore considered, like all planning applications, individually and on their own merits in accordance with the relevant polices of the adopted Local Development Plan. In this instance, it is considered that the loss of this small section of public open space would not have any significant wider impact upon the character or amenity of the area. It would also not set any form of precedent for any similar proposals in the future. With regards to the comments about the site being suitable for the potential enlargement of the neighbouring property, the Planning Service is required to assess the proposal which has been submitted. There may be alternative potential uses for the site, but these are not the subject of this application. c) Concerns about the visual impact of the proposal and its impact upon the character of the area. The proposed new 1.8-metre-tall fence would change the look and feel of the area and creates an increased density of built-up space. This would also create a semi-enclosed walkway. Response: The site is already bound on two sides by existing 1.8-metre-tall boundary fences, and it is considered that the proposed fence and its position would not significantly impact upon the overall character of amenity of the area. The fence would remain set back from the adjacent footpath and it would not be likely to create any significant feeling of enclosure. d) Concerns regarding the impact of the proposal on drainage. The site is covered in grass and creates a natural area for drainage. This could be removed by this development and cause drainage problems which could cost a significant amount to resolve. Response: The proposal would not appear to have any significant impact upon drainage. The applicant has advised that they intend to use the site as enlarged garden ground only and the land would therefore remain to serve as natural drainage in the same way as most private gardens do. 175
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e) Concerns regarding the impact upon the amenity of neighbouring residents and upon their use of their gardens. The proposal would lead to a loss of privacy and overlooking as the garden boundary would be immediately adjacent to the neighbour’s property and garden activity is potentially more invasive than people passing by on a footpath. The proposed boundary fence would also have an impact in significantly reducing the amount of natural light reaching the neighbour’s garden. There is the potential for structures to be built within the enlarged garden, creating further overshadowing and loss of light. Finally, the neighbours would suffer an increased level of noise and disturbance due to the garden being located immediately adjacent to their house. The applicant has a dog which barks, and this may cause more disturbance if the dog is closer to the neighbour’s property or interacts with the neighbour’s dog. Response: These comments are noted, however, the impact upon residential amenity is not considered to be significant. The properties in this area are terraced and gardens are therefore located immediately adjacent to each other. There is nothing unusual about the proposed enlarged private garden bordering the neighbours garden, and use of the garden ground is not considered to have any significant impact upon levels of privacy. There is an existing boundary fence to maintain privacy and to restrict overlooking. In addition, the proposed boundary fence would not significantly impact upon overshadowing or natural light due to its limited height and design. The applicant has not advised of any intention to build structures within the proposed enlarged garden and any significant structure, outwith the scope of permitted development rights, would be subject to Planning control. Finally, it is not unusual for dogs to make use of both private gardens and public open space and, whilst the comments are noted, this would not appear to be a reason for withholding planning consent. If dog barking was a significant concern, then colleagues in Environmental Services or the Council’s Mediation Service may be able to offer further advice and assistance. 5.2 These letters are available for inspection on the planning portal. 6 Assessment and Conclusions 6.1 The applicant seeks planning consent for the change of use of public open space to private garden ground on land adjacent to an existing end-terrace dwellinghouse at 53 Mull, East Kilbride. The determining issue in the assessment of this proposal is its compliance with local development plan policy and any other material considerations. 6.2 In this instance, the adopted South Lanarkshire Local Development Plan 2 (2021) identifies the site as being within the general urban area and the relevant policies applicable to the assessment of this application are Policy 3 – General Urban Area, Policy 4 – Development Management and Placemaking, and, given that the proposal intends to form an enlarged area of private garden ground and Policy DM2 – House Extensions and Alterations. 6.3 Policy 3 – General Urban Area states that residential developments are generally acceptable within the general urban area and that proposals for uses ancillary to residential areas will be assessed on their own merits with regard to the effect on the amenity and character of an area. 176
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6.4 Policy 5 – Development Management and Placemaking is relevant to the assessment of all applications, and it seeks to ensure that all developments take account of the principles of sustainable development. All proposals require to be well designed and integrated with the local area. 6.5 Policy DM2 – House Extensions and Alterations states that house extensions and alterations will be considered favourably where it can be demonstrated with a listed criteria. The siting, form, scale, design, and materials should respect the character of the area and it should not have any significant adverse impact upon neighbouring properties in terms of its size, scale, height, or impact upon residential amenity. 6.6 The proposal is for the change of use of a relatively small section of a much larger area of public open space to form an enlarged private garden ground for an existing end-terrace dwellinghouse. The application site is already enclosed on two sides by fences and by the side wall of the applicant’s property, and a 1.8-metre-tall fence has also been built to close the small gap between Nos. 51 and 53 Mull. As such, there is no footpath linking the road, Mull, to the remote footpath network and the public open space at this location. Given the position of parking spaces on the roadside of the fence, there also does not appear to be any likelihood of a pedestrian link ever being formed in this location. As such, the application site is only accessible from the existing public open space. 6.7 This area of East Kilbride is characterised by a generous provision of public open space. There is currently no specific designated use for the application site beyond informal recreation and public open space, important though these uses can be to the overall character and amenity of an area. The site is grassed with minimal other landscaping and no tree cover. The wider open space that the application site currently forms part of is large and open, with further similar pockets of open space in the wider area. It is considered that the loss of this small area of public space will not have any significant impact upon the availability of leisure or recreation space in the local area. 6.8 In addition, given its setting and layout in relation to the existing adjacent houses, the change of use and new boundary fencing will also not have any significant impact upon the character or amenity of the area. The open space at this location is already bound by fencing, and the proposed new boundary fence would still be set back from the public footway to help avoid the footpath feeling uncomfortably enclosed, particularly at night. The enlarged garden area proposed would also respect existing building lines and would not project beyond the forward building line of the applicant’s property. Overall, the size, shape, and layout of the proposed enlarged area of private garden ground is considered to be acceptable in this instance. 6.9 The enlargement of the existing residential garden would not introduce any residential amenity issues into the area and the applicant has not advised of any other development proposed for the site, with the land simply being used as an enlargement of their existing garden ground. The applicant’s property currently has a slightly smaller than typical garden for the area due to the position of public car parking spaces to the back of the property, and this proposal will greatly increase the size of their private garden ground without a significant or unacceptable impact upon the amenity or character of the area. 6.10 As noted above, no formal consultations were required to be undertaken in respect of this application. Statutory neighbour notification was undertaken, and 11 letters of objection have been received. The matters raised have been summarised in section 177
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5 of this report and it is considered that the matters raised do not merit the refusal of this application, all factors considered. 6.11 In conclusion, it is considered that the proposal will have no significant adverse impact upon residential or visual amenity, or upon the wider character of the area, and that it complies with the relevant policies of the adopted Local Development Plan. As such, it is recommended that planning permission is granted subject to the condition listed in the paper apart. 7 Reasons for Decision 7.1 The proposal will have no significant adverse impact upon residential or visual amenity, and it complies with the relevant policies of the adopted South Lanarkshire Local Development Plan 2 (Policies 3, 5 and DM2). David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references None List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Development Management, Placemaking and Design Supplementary Guidance (2015) ► Neighbour notification letter dated 23 August 2022 ► Representations Dated: Julie Cassidy, 51 Mull, East Kilbride, Glasgow, South Lanarkshire, G74 2DT 04.10.2022 Nicola Page, Sent via mail 04.10.2022 Lisa Harvey, Sent via Email 04.10.2022 Declan Cassidy, Sent via Email 04.10.2022 John Cassidy, 51 Mull, East Kilbride, G74 2DT 04.10.2022 Donna Cassidy, Sent via Email 04.10.2022 James Cassidy, Sent via Email 04.10.2022 John Mundell, Sent via Email 04.10.2022 Gillian Kirkland, Sent via Email 04.10.2022 Ross Kirkland, Sent via Email 04.10.2022 Frank Cassidy, Sent via Email 04.10.2022 178
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Contact for further information If you would like to inspect the background papers or want further information, please contact:- Andrew Muir, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 843 180 Email: andrew.muir2@southlanarkshire.gov.uk 179
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Detailed planning application Paper apart – Application number: P/22/1047 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 180
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Application no. Planning proposal: P/21/1350 Erection of residential development (23 flatted units), associated amenity space and repairs and alteration of existing facade 1 Summary application information Amended •Application type: Detailed planning application • Applicant: Clyde Valley Housing Association •Location: Former Vogue Cinema and Bingo Hall 11 Keith Street Hamilton [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: MAST Architects ♦ Council Area/Ward: 17 Hamilton North and East ♦ 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 14 – Natural and Historic Environment Policy 15 - Travel and Transport 14 183
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Policy DM1 - New Development Design Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 - Sustainable Transport Policy DM15 - Water Supply Policy DM16 – Foul Drainage Policy NHE3 - Listed Building Policy NHE6 - Conservation Area. ♦ Representation(s): ► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters ♦ Consultation(s): Historic Environment Scotland AHSS – Architectural Heritage Society of Scotland West of Scotland Archaeology Service Roads Development Management Team Environmental Services Scottish Water Estates Services - Housing and Technical Resources Housing Planning Consultations SP Energy Networks Strathclyde Partnership for Transport (SPT) Community and Enterprise Resources - Play Provision Community Contributions Waste Officer 184
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Planning Application Report 1 Application Site 1.1 The application site is located on Keith Street, Hamilton within the town’s conservation area. The site itself consists of the retained façade of the former Vogue Cinema and Bingo Hall with rough open land and an informal car park to the rear of this façade. The site has not been in use since the Vogue’s closure in the late 1990’s. 1.2 The façade is a Category B listed building; a corresponding listed building consent has been submitted (ref P/21/1353). The listed building consent will be considered separately under delegated powers, following consideration of this application by the Planning Committee. 1.3 To the north of the site lies an unpaved car park, used by Castle Street residents for permit parking. To the east of the site is the access to the aforementioned rear car park and the ROC nightclub. Keith Street, with 2 key bus stops and a taxi rank, bounds the site to the south. On the western boundary lies the rear of commercial, retail and residential properties which front onto Castle and Keith Street. 2 Proposal(s) 2.1 This is a detailed planning application for the erection of a 5 storey building accommodating 23 flats with associated amenity space. The proposal seeks to retain the existing façade with some alterations. All 23 flats would be available for affordable rent (16 x 2-bedroom flats and 7 x 1-bedroom flats). The submitted plans show an internal bike store, external bin storage, amenity space, and 3 accessible parking bays and one drop off and pick up space. 2.2 During the handling of the application amended plans have been submitted. Initial plans included the bin storage internally and no bike storage, servicing area or parking. Following discussions with Roads and Transportation Services and Planning, amended plans have been submitted which have re-located the bin store externally and provided bike storage, 3 accessible parking bays and one drop-off and pick-up space. In addition, the applicant has also agreed to provide a car club with two spaces to serve the development. 2.3 The submission also includes a Design and Access Statement, Noise Impact Assessment and Energy and Sustainability Assessment. 2.4 The submitted Design and Access Statement demonstrates the design process associated with the chosen proposal. In addition, it details the desire of the applicant to have a car free development and that all flats will be for social rent. 2.5 The Noise Impact Assessment conducted in February 2022 notes adjacent noise sources including entertainment noise, traffic and road noise and noise from adjacent ventilation systems. Mitigation measures including a particular glazing specification and a closed window strategy are specified. 2.6 The Energy and Sustainability Assessment details the energy efficiency measures and low carbon design of the building, including solar panels located on the roof, and measures to meet silver sustainability certification for each dwelling. 3 Background 3.1 Local Plan Status 3.1.1 In terms of local plan policy, the application site is designated as a proposed housing site in the adopted South Lanarkshire Local Development Plan 2. The relevant 185
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policies in terms of the assessment of the application are Policy 1 - Spatial Strategy, Policy 2 - Climate Change, Policy 5 - Development Management and Place Making, Policy 11 - Housing Land, Policy 14 – Natural and Historic Environment, Policy 15 - Travel and Transport, Policy DM1 - New Development Design, Policy DM15 - Water Supply, Policy DM16 Foul Drainage/Sewerage Provision, Policy SDCC2 - Flood Risk, Policy SDCC4 - Sustainable Transport, Policy NHE3 - Listed Buildings, Policy 6 - Conservation Areas, Policy SDCC7 - Low and Zero Carbon Emissions from New Buildings and Policy SDCC3 - Sustainable Drainage Systems of the adopted South Lanarkshire Local Development Plan 2. The content of the above policies and documents 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, Scottish Planning Policy (SPP) requires Councils to set out the scale and distribution of affordable housing for their area. This site is included within the designated housing land supply. SPP details affordable housing may be provided in the form of social rented accommodation as is proposed in this application. 3.3 Planning Background 3.3.1 The former Vogue Cinema and Bingo Hall opened in 1921 and is an example of an art deco classical building. In the middle of the 1970’s the stage was blocked off. The building was listed in 1979 as a Category B listed building and closed in the late 1990’s. The building has been known as other names over the years including La Scala Cinema. The signage ‘Vogue Social Club’ remains on the retained facade. 3.3.2 In 1998 an application was approved for the erection of an arts centre, library, theatre, café and bars, under reference HM/98/0415. In 2001, a change of use and extension and alterations to form a nightclub, licensed bar and food court was approved (under ref. HM/01/0114). It is evident from site that neither of these proposals were implemented. 3.3.3 In 2003, applications sought approval to repair and alter the listed building (ref. HM/03/0740 and HM/03/0741). Thereafter in 2004, an application was approved to demolish the building and retain and renovate the façade of the building as is seen on site today (ref HM/04/0802). The 2004 application also sought to erect an entertainment complex to the rear. In 2007, approval was granted to erect a 4-storey office block (under reference HM/07/0676). Neither the entertainment complex nor offices were implemented. It is evident there have been several attempts to find alternative uses for this building and site. 4 Consultation(s) 4.1 Historic Environment Scotland - No response received to the planning application, however, comments confirming no objections have been received to the corresponding listed building consent. Response: Noted. 4.2 AHSS - No response received. Response: Noted. 4.3 West of Scotland Archaeology Service - No objection, no archaeological work required. Response: Noted. 186
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4.4 Roads Development Management Team – No objection to the proposal as they are satisfied that the applicant has revised the proposal in terms of parking provision and that they also propose to introduce a car club as part of the development. Response: These comments are noted and appropriate conditions will be attached regarding these matters. 4.5 Environmental Services – No objections, further to receipt of a Noise Impact Assessment requested on 26 November 2021 and received September 2022 and appropriate conditions to ensure mitigation measures. Additional conditions covering waste and dust are requested. Response: Noted, appropriate conditions shall be imposed on any permission granted. 4.6 Scottish Water - No objections. Response: Noted. 4.7 Estate Services – Housing and Technical Resources – No objections. Response: Noted. 4.8 Housing Planning Consultations - No objections. Notes that the site is included in the South Lanarkshire Strategic Housing Investment Plan (SHIP) 2022/2027. It is a priority site for Scottish Government affordable housing grant funding approval in the financial year 2022/2023. Response: Noted. 4.9 SP Energy Networks - No objections. Response: Noted. 4.10 SPT - Raises concerns that there is no details of accessible/blue badge parking or secure cycle storage. In addition, the lack of provision of servicing for the building raises concerns this could result in the bus layby on Keith Street being used as a de facto loading bay. The consultation response notes that the bus stops are not to be compromised in any way as a consequence of this development. Response: Amended plans submitted have included internal bike storage, accessible parking and a servicing space. It is considered the concerns raised by SPT have been addressed. 4.11 Community and Enterprise Resources - Play Provision Contributions – No response received. Response: Affordable housing does not seek contributions for play facilities. 4.12 Parking Unit - Notes future residents will not qualify for residents permits. Response –Noted, the proposal has included 3 accessible parking spaces, drop-off and pick-up and shall provide a car club. 4.13 Waste Officer – Provided comment on the number of bins to be provided and bin uplift arrangements. Response - Noted, a condition shall be imposed to gain details on uplift prior to occupation. There are several residential properties in the surrounding area, as such this development should be able to be accommodated. 5 Representation(s) 5.1 Statutory neighbour notification and advertisement of the application in the local press was undertaken and no representations have been received. 187
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6 Assessment and Conclusions 6.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the development plan comprises the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). 6.2 The applicant seeks detailed planning permission for the erection of 23 flats for affordable rent with associated amenity space. The determining issues in consideration of this application are its compliance with national and local plan policy and its impact on the surrounding area and, in particular, the local road network. 6.3 In general land use and policy terms the principle of residential development at this location is acceptable. The application site is designated for residential use in the adopted South Lanarkshire Local Development Plan 2 under Policy 11 - Housing Land. The site is also included in the Council’s Strategic Housing Investment Plan for affordable housing. The proposal is considered to meet the terms of Policy 11 - Housing Land. 6.4 Policy 1 – Spatial Strategy – sets the overall spatial strategy for the Council area. One of the aims includes supporting the regeneration and redevelopment of appropriate brownfield sites, such as this site. The proposal is considered to meet the terms of Policy 1. 6.5 Policy 2 - Climate Change - sets out criteria which new development should address to help minimise and mitigate against climate change. Thereby assisting in meeting the SLLDP2 overall strategic vision and the Scottish Government’s targets relating to climate change. Policy SDCC7 – Low and Zero Carbon Emissions from Buildings - requests new buildings, such as this proposal, are designed such that the carbon dioxide reduction standard is met. The proposal seeks to provide 23 flatted dwellings within the settlement of Hamilton in close proximity to town centre facilities which include a wide range of amenities. The site is sustainably located. An energy and sustainability statement has been submitted showing various energy saving measures, including solar panels. In addition, the proposal will have no significant adverse impact on the water or soil environment, air quality, biodiversity and/or green networks. Therefore, the proposal is considered, on balance, to meet the terms of Policy 2 and SDCC7. 6.6 Policy DM1 - New Development Design – and Policy 5 – Development Management – seek to ensure the proposal takes due consideration of the surrounding area and takes account of the principles of sustainable development. Both policies cover a range of criteria including: impact on the streetscape; amenity of adjacent neighbours; suitable access, parking, active travel and public transport; sustainability issues; historic environment; green infrastructure; and community safety. Policy 14 - Natural and Historic Environment – in this case directs the reader to Policy NHE6 Conservation Areas and NHE3 Listed Buildings seeking to protect the historic environment. 6.7 The design of the proposal and its impact upon the streetscape and conservation area is assessed below. The proposed 5 storey block to the rear of the façade projects 3 storeys above the existing façade. A contextual perspective of the proposal has been provided showing the proposal at a similar height to properties to the west of the site on Keith Street. The proposed design takes cues from the retained façade in several ways using: a symmetrical design; similar colour palette of materials; a vertical emphasis with the window design, and moulded panels to reflect 188
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the pattern on the existing palm tree pillars at the main entrance way. It is considered the proposal has taken cognisance of the streetscape, conservation area and the surrounding area. In addition, the proposal will secure the future of the B- listed retained façade, bringing a long vacant site back into use, which can be considered an overall improvement to the streetscape. 6.8 In terms of the detailed design of the development. The amenity open space is situated on the western side of the building with a planting layout, access to the street and property windows overlooking providing natural surveillance. Thus, creating a safe, easy to use and desirable space. The proposed building is sited approximately 18m from the rear elevations of Castle Street flatted dwellings. The proposed building is sited at an angle and given the higher density town centre location, in this instance, the proposed layout for the development is acceptable. In addition, the relationship with surrounding properties is considered to be acceptable and will not result in any unacceptable overlooking or privacy issues arising. 6.9 The Noise Impact Assessment has detailed there are various sources of noise in the surrounding area. This includes traffic noise and entertainment noise from adjacent venues. The proposed mitigation measures include a closed window strategy and a particular glazing specification. Environmental Services have provided no objections subject to condition. It is considered with these appropriate mitigation measures the proposal can be accommodated within the busy town centre alongside existing uses. 6.10 The provision of parking has been a key consideration during the assessment of this planning application. Policy 15 - Travel and Transport and Policy SDCC4 - Sustainable Transport are important policies to consider alongside the development management and design policies. Policy 15 seeks to ensure proposals promote opportunities for travel by sustainable modes in the following order of priority – walking, cycling, public transport and car. Policy SDCC4 notes new developments require to recognise the needs of cyclists, pedestrians and people with disabilities. 6.11 The proposal is well-sited in a busy town centre with various amenities such as retail, services and entertainment within walking distance. Amended plans now include cycle storage within the building to support this mode of transport. In addition, well serviced bus stops are sited outside the proposal with other options of bus and train services within Hamilton. In addition, alterations to the existing façade entrance way ensure the building and its amenity space is suitable for disabled residents. 6.12 However, concerns regarding the lack of accessible parking and servicing were raised by SPT and Roads and Transportation Services. Amended plans have been submitted which now include 3 accessible parking spaces, inclusion of electric car charging, and a drop-off and pick-up area i.e. for taxis and delivery vehicles. 6.13 The proposal still remains short of overall parking requirement that would be expected for 23 dwellings. Given, the site is near 2 key bus stops on Keith Street and within the town centre, the need for a car, particularly on a daily basis, is reduced. In addition, the applicant, Clyde Valley Housing Association (a recognised provider of social housing) has submitted supplementary information demonstrating lower levels of car ownership in affordable housing. Nevertheless, it remains the view of Roads and Transportation Services that there will be a desire to have access to a car for longer trips. Policy 15 also still denotes the car as a mode of transport to be considered. In this instance it is appropriate to condition the requirement for a car club associated with this development, to mitigate against the lack of parking provision. 189
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6.14 The proposal has good active travel provision and provides opportunities for travel by sustainable modes in the following order of priority – walking, cycling, public transport and car. In addition, it provides for the shift from private to public modes of transport and for disabled residents. 6.15 Overall, given the detailed layout and design, noise mitigation measures and the various active travel opportunities. The proposal meets the terms of Policy 5, 14, 15, DM1, SDCC4, NHE 3 and NHE6. 6.16 Policy 7 - Community Infrastructure Assessment - seeks contributions from residential development for community infrastructure. The proposal details that the development is for affordable housing. Consequently, no contributions are required, and, therefore, the proposal meets the terms of the above policy. For this reasoning, and the above reasons for mitigating against parking provision, an appropriate condition shall be imposed on any permission granted to ensure the proposal remains for affordable housing. 6.17 Policy SDCC 3 Sustainable Urban Drainage seeks to ensure suitable sustainable urban drainage. Appropriate conditions shall be imposed on any permission granted. Policy DM16 Water Supply and Policy DM16 Foul Drainage seeks to ensure appropriate water supply and foul drainage arrangements. The application form details connections will be made to the existing public network. Therefore, the proposal meets the terms of Policy SDCC 3, DM15 and DM16. 6.18 In conclusion the location of the application site in the town centre of Hamilton and the sites allocation for housing land means the principle of residential use is acceptable at this site. The proposal represents a high-quality design which would contribute positively to the amenity and character of the area. Further, the development would widen the range of residential accommodation available within Hamilton, near the town centre and to various modes of public transport. It also represents a positive outcome to a listed building and vacant site which has stood unused for over 30 years. It is therefore recommended that detailed planning consent be granted subject to the conditions listed in the paper apart. 7 Reasons for Decision 7.1 The proposal relates to the erection of a 5-storey block comprising of 23 flats for affordable housing sited to the rear of the B listed retained façade of the former Vogue Cinema and Bingo Hall. The proposal will have a positive impact on the visual amenity of the town centre, provide housing and bring a long vacant site back into use. The proposed development will have no adverse impact on the residential amenity, surrounding area or the historic character of the Hamilton Conservation Area. The proposal complies with Policies 1, 2, 5,7, 11, 14 15, DM1, NHE3, NHE6, SDCC3, DM15 and DM16 of the South Lanarkshire Local Development Plan 2. David Booth Executive Director (Community and Enterprise Resources) Date: 10 November 2022 Previous references HM/98/0415 - Erection of arts centre, library, theatre, cafe, foyers & bars HM/01/0114 – Change of use and extension/alterations to former vogue building to form nightclub, licensed bar and food court (Listed Building Consent) 190
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HM/03/0740 - Repair and alterations to building (Listed Building Consent) (Amendment to planning consent HM/01/114) HM/03/0741 - Repair and alterations to building (Amendment to HM/01/113) HM/04/0802 - Retention and renovation of facade, demolition of remainder of building and erection of extension to form entertainment complex (Listed Building Consent) HM/04/0804 - Retention and renovation of facade, demolition of remainder of building and erection of extension to form entertainment complex HM/07/0676 - Erection of four storey office block with associated parking, servicing and hard and soft landscaping List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 24 November 2021 ► Consultations Historic Environment Scotland None received AHSS None received West of Scotland Archaeology Service 02.12.2021 Roads Development Management Team 14.01.2022 Environmental Services 27.10.2022 Scottish Water 26.11.2021 Estates Services - Housing and Technical Resources 24.11.2021 Housing Planning Consultations 06.12.2021 SP Energy Network 24.11.2021 SPT 24.12.2021 Community and Enterprise Resources - Play Provision Community Contributions None received Waste Officer 24.10.2022 ► Representations None received. Contact for further information If you would like to inspect the background papers or want further information, please contact:- Fiona Bailie, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551 845 757 Email: fiona.bailie@southlanarkshire.gov.uk 191
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Detailed planning application Paper apart – Application number: P/21/1350 Conditions and reasons 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the Listed Building and Conservation Area. 03. 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 and ensure compliance with Policy DM1. 04. The approved on-site zero and low carbon energy technologies shall be fully installed and operational prior to the occupation of any approved buildings and shall thereafter be maintained and shall remain fully operational in accordance with the approved maintenance programme, unless otherwise agreed in writing by the Council as Planning Authority. Reason: To secure the timeous implementation of on-site zero and low carbon energy technologies. 05. 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. 192
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06. That prior to the construction phase of the development starting on site further details of the construction methods and finishes proposed on the exterior of the retained facade shall be submitted to the Council as Planning Authority for approval. This shall include 1 in 20 scale construction detail drawings showing but not limited to cill details, window and door construction and fixing details, roof trim, all material transition trim details, water goods design/materials & fixings, dormer roof construction, skew details, lead standing seam roof details, entrance door canopy details etc. Reason: These details have not been submitted or approved. 07. Details of the extent of any stonework repairs to the retained facade and details of the treatment required shall be agreed with the Council as Planning Authority once extent of stone work condition is known and prior to the commencement of works on this aspect. Reason: In the interests of visual amenity and to safeguard the character and appearance of the listed building and surrounding area. 08. That before any of the flats hereby approved are completed the details for the storage of refuse within the site, including the design, location and access arrangements for uplift, shall be submitted to and approved in writing by the Council as Planning Authority. None of the flatted dwellings shall be occupied until the approved storage arrangements for domestic waste on their site has been provided as per the approved scheme. Reason: To ensure adequate arrangements for the storage and collection of the domestic refuse is in place before occupation. 09. No earlier than 6 months prior to works commencing on site, a bat survey shall be undertaken and approved in writing by the Planning Authority and thereafter the appropriate mitigation measures shall be implemented to the satisfaction of the Council as Planning Authority. Reason: In the interests of nature conservation. 10. That prior to the occupation of any dwelling on site full details of the car club which will serve the development shall be submitted for approval in writing by the Council. The details shall include the number of spaces, the location of spaces and the general operation of the car club. Reason: To ensure the provision of adequate parking facilities within the site. 11. Prior to the occupation of any dwelling within the development, the car club shall be operational as per the details approved in writing by the Council in relation to Condition 10 and thereafter shall remain operational in accordance with the approved details unless otherwise agreed in writing with the Council. Reason: To ensure the provision of adequate parking facilities within the site. 12. The development hereby approved shall consist of social housing only, operated by a Registered Social Landlord unless otherwise agreed in writing with the Council as Planning Authority. 193
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Reason: In order to retain effective planning control. 13. The housing developer shall ensure that (prior to the development becoming occupied) the neighbourhood noise levels comply with the following:- Part 1 Between the hours of 08:00 and 20:00 the measured noise rating level emitted from existing sources (LAeq,1hr) shall not exceed the pre-existing background noise level (LA90,30 min) by more than 4dB when measured in accordance with British Standard BS 4142:2014 - Method for Rating and Assessing Industrial and Commercial Sound at the proposed development. Between the hours of 20:00 and 08:00 the noise rating level emitted from the premises (LAeq,15 min) shall not exceed the pre-existing background noise level (LA90,30min) by more than 4dB when measured in accordance with BS4142:2014 at the proposed development. Part 2 The internal noise levels shall comply with BS 8233:2014 Guidance on sound insulation and noise reduction for buildings as follows:- a) The internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAeq,16hr of 40dB daytime (07:00 - 23:00) b) The internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAeq,8hr of 30dB night-time (23:00 - 07:00). c) The internal levels with windows open (or under exceptional circumstances closed) do not exceed an LAmax of 45dB night-time (23:00 - 07:00). d) The external levels shall not exceed an LAeq,16hr of 55dB daytime in any garden amenity areas, when measured free-field Part 3 The Internal Noise Rating Values, within any residential property in the proposed development, shall not exceed:- NR25 between 23.00hrs and 08.00hrs NR35 between 08.00hrs and 23.00hrs Part 4 For existing premises where entertainment takes place on a regular basis, music and associated sources should not be audible inside any of the proposed properties at any time. The following may be used as an objective guide for the aforementioned requirement: 1. The L10 entertainment noise shall not exceed the representative background noise levels L90 (without entertainment noise) in any 1/3 octave band between 40 Hz and 160 Hz 2. The LAeq.15min of the entertainment noise shall not exceed the representative background noise LA90.15min (without entertainment noise). 194
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Part 5 The developer shall instruct compliance and validation measurements to demonstrate compliance with Parts 1-4 of this condition. The measurements shall be undertaken by an independent consultant, and a subsequent report shall be submitted the Planning Authority. Reason: To safeguard amenity and to minimise the risk of nuisance from noise to occupants. 14. 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. 15. That before the development is completed or brought into use, all of the parking spaces shown in Drawing L(20)003 Rev B 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. 16. That before any work commences on the site, a scheme of landscaping for the area shown as amenity space on the approved plans shall be submitted to the Council as Planning Authority for written approval and it shall include:- (a) 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 (b) details and specification of all trees, shrubs, grass mix, etc. (c) details of any top-soiling or other treatment to the ground (d) sections and other necessary details of any mounding, earthworks and hard landscaping (e) proposals for the initial and future maintenance of the landscaped areas (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. Reason: To minimise the level of visual intrusion, and to protect the quality and character of the area as far as practicable. 17. That the approved landscaping scheme shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following completion of the development hereby approved and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council. Reason: To minimise the level of visual intrusion, and to protect the quality and character of the area as far as practicable. 18. That prior to any works associated with the construction of the development commencing, 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 195
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deliveries of materials will be managed and stored and what wheel washing facilities will be provided to prevent mud being carried on to the adopted road. The plan should also detail how any of these measures may change as the site is developed. The plan must also detail how the building façade will be retained whilst avoiding closures to Keith Street. Reason: in the interests of traffic and public safety as well as to preserve the amenity of the surrounding area. 196
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Report Agenda Item Report to: Planning Committee Date of Meeting: 22 November 2022 Report by: Executive Director (Community and Enterprise Resources) Subject: Preparation of Development at a Dwellinghouse - Supplementary Planning Guidance 1. Purpose of Report 1.1. The purpose of the report is to:- Amended inform the Committee of the consultation carried out on the draft Supporting Planning Guidance (SPG) on Development at a Dwellinghouse related to the South Lanarkshire Local Development Plan 2 (SLLDP2) ♦ seek Committee approval for the proposed SPG, as set out in the Appendix, and thereafter for it to be adopted as the Council’s agreed planning position [ 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the Supporting Planning Guidance for Development at a Dwellinghouse, as set out in the appendix to the report, be approved; and (2) that the Head of Planning and Regulatory Services be authorised to undertake the appropriate procedures and to make drafting and technical changes to the Supporting Planning Guidance prior to its publication for consultation. 3 Background 3.1 The Planning Committee on 1 December 2020 agreed to carry out the necessary steps to adopt the proposed South Lanarkshire Local Development Plan 2 (SLLDP2). The Plan was submitted to Scottish Ministers in February 2021 for them to advise of the Council’s intention to adopt the Plan and notice was received in March that adoption could proceed. The SLLDP2 was subsequently adopted in April 2021. 3.2 Members may also recall that when the proposed SLLDP2 was approved it was highlighted that, in order to respond to the need for development plans to be concise and focused, further detailed information, advice and guidance would be contained in Supporting Planning Guidance. Circular 6/2013 – Development Planning states that planning authorities may issue non-statutory planning guidance without having to comply with the procedures involved in the production of statutory Supplementary Guidance (SG). Non-statutory planning guidance may be used to provide detail on a range of subject areas. This form of guidance does not form part of the Development Plan but adoption of it by the Council gives it a formal status, meaning that it will be a material consideration in decision making on planning applications. 15 199
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3.3 The purpose of Supporting Planning Guidance is to support the policy approach already contained within the adopted SLLDP2 by providing more detailed guidance and advice. An SPG expands on the policy direction set out in SLLDP2 and translates this into detailed guidance. The purpose of each SPG is solely to reinforce and support the terms of the policies already contained in the adopted SLLDP2. The SPG does not alter either the aims or purposes of the policies. 3.4 On 16 November 2021, the Planning Committee approved draft SPG on carrying out development at a dwellinghouse and, thereafter, to carry out consultation on the document. The document sets out guidance on proposals to extend and alter dwellinghouses as well as proposals for working from home and operating short term lets. 4 Current Position 4.1 Following committee approval of the draft, consultation was carried out on the SPG between 27 January and 11 March 2022. This included placing an advertisement in the local press and publicising the consultation on the Council’s website. Consultation with statutory consultees was also undertaken. As a result of the publicity, 7 letters of representation were received. The points raised are summarised and responded to as follows:- a) Has consideration been given to when owners want to separate their plot and build to the rear of an existing dwelling? In particular, the vehicular access needed to serve the site. Response: This point relates to proposals involving the proposed sub-division of an existing garden and the formation of a new residential plot. It is covered by a separate bespoke policy in SLLDP2. b) The Flooding and Drainage section should be amended to incorporate additional advice including: Scottish Water’s Asset Impact Team should be consulted when building in close proximity to sewers as stand-off distances, potential diversion or a build over consent may be required, and connecting rainwater runoff from the proposed extension into the combined or foul public sewer is not permitted since the additional volume of water increases the risk of sewer flooding. Surface water should be stored in water butts or drained into a permeable area of the garden, surface water sewer or watercourse. Response: Many of the issues raised are properly addressed at the building warrant stage. Scottish Water are not generally consulted on householder developments, however, may be consulted if considered necessary at the time of assessment. The SPG has been amended to advise that the onus is on the homeowner to contact Scottish Water and SEPA to discuss any requirements relating to public water supply or public sewer connections, and private drainage implications. c) The number of car parking spaces required needs corrected to: 2 bedrooms require 2 parking spaces. Response: The SPG advice has been amended as suggested. d) External access to the rear garden (from the public footpath/front curtilage) would preferably be 1.25m wide, and not 1m wide. This would allow easier access for mobility vehicles, as 1m would allow little room for error. 200
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Response: The introduction of a minimum distance in this context is new and 1m distance reflects the requirements of current Building Regulations and is therefore considered appropriate. This is a significant step forward in improving equal access for all and to futureproof suitable access standards for extended dwellings. e) There should not be a minimum 2m distance for 2 storey extensions to the side boundary. Response: Extending this distance was considered, however, it has been concluded that the requirement for a minimum distance of 1m from side boundaries for all extensions is appropriate. f) A car parking space should be reduced from 3m x 6m modules to 2.5m x 5m modules. This would better accommodate older properties. Response: To reflect the modern standard size of cars available 3m x 6m modules are encouraged. Flexibility has been incorporated into the SPG to consider parking space modules of 2.75m x 5.5m as a minimum – anything less than this size would not be suitable to serve modern vehicles and would not count as a parking space. g) Opaque glazing should not be used to address overlooking between main habitable rooms. Opaque windows are not suitable for bedrooms. High level windows may be an option. Response: The SPG has been amended to refer to the use of opaque glass for first floor side windows only where the window relates to a bathroom or dressing room. Habitable rooms on the first floor should avoid windows on the side elevations, in particular where this overlooks neighbouring houses or their gardens – in such a scenario only high level windows will be supported to prevent overlooking at eye level. 5. Assessment and Conclusions 5.1. The broad principles introduced in the draft version of the SPG remain unchanged. A number of updates have been made to the proposed document to reflect responses received as a result of the public consultation, consultation with internal consultees, and the consideration of emerging national advice. The minor changes carried out to the document has enabled the document to be improved in terms of its clarity and level of detailed guidance. 5.2. The most up to date advice on the operation of short term lets from houses has been included and, in particular, points potential operators to the need to apply for a licence from the Council under legislation introduced in October this year. The planning Service will be consulted on occasion on such applications. 5.3. A matrix to advise on window-to-window distances has been incorporated into an Appendix of the SPG. This provides assistance on how to assess overlooking of main habitable windows, where the windows are at an angle to each other. The matrix advises that 18m is generally the minimum acceptable distance for directly facing habitable windows. 201
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5.4. It is recommended that the original principles of the Supporting Planning Guidance (SPG), attached as Appendix 1, are appropriate and should be supported. If members agree with this recommendation, it is intended that, following the making of drafting and technical changes to the document, it will be published on the Council’s website. Thereafter it will be a material consideration when determining householder planning applications. 6. Employee Implications 6.1. Any further drafting and technical changes to the document prior to its publication, and subsequent publicity, will be carried out using existing staff resources within Planning and Regulatory Services. 7. Financial Implications 7.1. None. 8. Climate Change, Sustainability and Environmental Implications 8.1. Local Development Plans are subject to the requirements of the Environmental Assessment (Scotland) Act 2005. They, therefore, have to be subject to Strategic Environmental Assessment (SEA). Where appropriate, other forms of assessment should be undertaken to meet legislative requirement and/or Council/Community Planning policy, namely; Habitats Regulations Appraisal, Equality Impact Assessment and Health Impact Assessment. The adopted South Lanarkshire Local Development Plan 2 was the subject of both SEA and a Habitats Regulations Appraisal. An Equality Impact Assessment and Health Impact Assessment were also carried out during the preparation of the Plan. No further assessment is required. 9. Other Implications 9.1. The SLLDP2 was adopted in April 2021. The Supplementary Planning Guidance is necessary to provide detailed guidance to support adopted planning policies. There would be a reputational risk if this was not undertaken. The SPG proposed is aimed at promoting positive householder development while maintaining and respecting the character and amenity of our residential areas. 10. Equality Impact Assessment and Consultation Arrangements 10.1. An Equalities Impact Assessment (combining Child Rights and Wellbeing Impact Assessment) was not specifically required for the documents (see 8.1 above). 10.2. Public consultation was carried out on the draft document as described in the report. David Booth Executive Director (Community and Enterprise Resources) 10 November 2022 Link(s) to Council Values/Priorities/Outcomes Values Focused on people and their needs Accountable, effective, efficient and transparent Outcomes Good quality, suitable and sustainable places to live 202
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Previous References ⧫ Report to Planning Committee - 16 November 2021 List of Background Papers ⧫ Circular 6/2013 – Development Planning ⧫ South Lanarkshire Local Development Plan 2 adopted April 2021 ⧫ National Planning Framework 4 (Draft) Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Pamela McMorran, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Tel: 07551 845 021 (Mon-Thurs) E-mail: pamela.mcmorran@southlanarkshire.gov.uk 203
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APPENDIX Carrying out Development at a Dwellinghouse 1.0 Introduction This Supporting Planning Guidance (SPG) has been prepared to provide guidance to homeowners proposing to extend or alter their house. It is one of a series which supplements and supports the policies and proposals of the adopted South Lanarkshire Local Development Plan 2 (SLLDP2). In particular, Policy 5 Design and Placemaking and Policy DM2 House Extensions and Alterations of the adopted SLLDP2 should be read alongside the advice provided in this SPG. The SPG is a material consideration in the determination of planning applications and will be used to assist the decision making process alongside relevant planning polices. This guide seeks to promote design that will protect and enhance the appearance of your house and neighbourhood, and the amenity of your neighbours. Following the design principles set out here aims to help to ensure that your proposed build will be sympathetic to your existing house and to the character of the local area. The guide will encourage you not to overdevelop your property at the loss of sufficient garden ground and accessible access. The guidance also covers proposals for using the property for work or business purposes, including as a short term let. The need for planning permission is separate from the need to submit a building warrant or other licensing issues. The onus is on the houseowner to carry out checks for all consents necessary. LINK to LDP2 1.1 Permitted Development As a householder you have a range of permitted development rights under The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (GPDO), which can allow you to build an extension or carry out alterations without having to apply for planning permission. The Scottish Government has created a guide for householder permitted development which sets out, with the support of sketch examples, when permission is not required. It also includes advice for proposed changes to flatted dwellings (where different rules can apply) and microgeneration. Please refer to this guide in the first instance to establish if your proposed development can be carried out without the submission of a planning application. LINK Where a planning application is submitted, a development proposal will be guided by the criteria set out in this SPG. So while aspects of a proposal may fall within the definition of permitted development rights, this may not be sufficient justification to support a proposal which fails to meet all of the relevant criteria on the type of development proposed and may result in a refusal of the application. LINK to householder guidance on how to submit an application. 204
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1.2 Certificate of Lawfulness This is a means of obtaining a decision from the Council as to whether proposed works require planning permission. If it is not clear whether a proposal needs permission or where a householder requires to have a formal decision taken by the Council, then an application for Certificate of Lawful Use of Development should be submitted. Further details on how to submit a Certificate of Lawfulness and the associated fees can be found on the Council’s website. Please note that, where an application for a Certificate of Lawfulness concludes that planning permission is required, a further fee will be required to be paid for the planning application. LINK A Certificate of Lawfulness can also be submitted for existing development which can confirm that it is lawful and exempt from enforcement action. An example of when this may be useful is for the purposes of selling a property. 1.3 Accessibility When planning any extension or alteration to a dwellinghouse, consideration must be given to ensure that the existing inclusive environment, both external and internal, is not compromised and can be improved where possible. It is worthwhile to remember that many extensions and alterations are permanent and may remove accessible living or increase the cost to retrofit accessible access solutions in the future. Houses often change hands with each household having different needs, and so it is important to consider futureproofing to provide an inclusive environment. A level access of minimum 1.0m wide without obstructions (for example down pipes) should be retained to the rear garden area of a house from the public footpath. There is value in having a direct accessible access to the garden area, in addition it supports houses where the current level access into the house is to the rear. Inclusive design can take the form of ramped access, level thresholds, accessible apartments, and accessible sanitary facilities. House designs also normally include features to aid future adaptation, such as space for a shower on the accessible entrance level and space to allow the installation of a stair-lift. The external environment can also contribute to accessibility, in particular having level hard surfaces which allow manoeuvrability and ease of access. Alterations and extensions should consider their impact on existing accessibility and manoeuvrability with the aim of maintaining or improving it and the ability to adapt the property in the future. Further advice on this can be sought from the Building Standards service and to guidance on our website https://www.southlanarkshire.gov.uk/info/200219/planning_for_developers/51/inclusive_des ign 1.4 Flooding and Drainage When proposing an extension to a property or the erection of structures within garden ground, it is important that possible flood risk and drainage design are taken into account at the early stages. Where an application site is located within an identified flood risk area the Planning Officer may consult the Council’s Flood Risk Management team for advice. It can be of benefit for you as the home owner to liaise with the Council’s Flood Risk Management Team at roadsandtransportation@southlanarkshire.gov.uk Structures such as decking are unlikely to be acceptable where they extend directly into a watercourse or the floodplain of a watercourse. Although ownership may extend to the midpoint of the watercourse, for reasons of public safety, integrity of the river embankment 205
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and flood risk both localised and further downstream, it is unlikely proposals will be supported through the submission of a planning application. The onus is on the homeowner to contact Scottish Water and SEPA to discuss any licence requirements relating to public water supply or public sewer connections, and private drainage implications. 1.5 Car parking and access provision Where an extension increases the number of bedrooms, the number of parking spaces needed might also increase. An extension might remove existing car parking, such as building over a driveway. This will be considered when we consider an application for an extension, and the application can be refused if insufficient parking is provided. As a guide: Number of bedrooms Number of car parking spaces 1 1 2 – 3 2 4 or more 3 A parking space is 3m x 6m, and must not overlap. An exception may be made for parking spaces to reduce to 2.75m x 5.5m as a minimum. Car parking spaces are to be shown on block plans when planning applications are submitted. This will also help guide you as the homeowner to consider whether or not the proposed build is overdevelopment. A garage is not considered a car parking space unless it measures 7m x 3m internally. A double garage only counts towards a maximum of 1 parking space, and must meet the internal space size. The desirable maximum driveway gradient shall be 8% and absolute maximum shall be 10%, however, where the driveway forms part of the property pedestrian access then the maximum gradients permitted under the Building Regulations shall be considered. Section 56 Agreement / Road Opening Permit This may be required if the proposed extension includes a new vehicle access that crosses a public footpath from a road. Please consult the Council’s Roads and Transportation Services for more information. Planning permission is not required to form a new driveway unless the property is on a classified road or is a flat. However, please check the need for planning permission to create hard surfaced areas, or where the access involves the removal of a wall within a Conservation Area or listed property. Sightlines Any works should ensure that sufficient visibility splays are provided and maintained to maximise vehicle and pedestrian safety. Such works, for example the erection of a fence or garage, should make sure that they do not block the visibility splays of a neighbouring access. Where there are concerns over road safety, the planning application may be refused. 206
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To discuss any of the matters raised above, please contact the Councils Roads and Transportation Services for advice at roadsandtransportation@southlanarkshire.gov.uk 1.6 Building Warrant A building warrant may be required for development proposals, even if planning permission is not. For example, internal work such as converting a loft needs to meet building regulations. Some work, such as the erection of a shed, garage, summer house or other detached building within your property, may also require a building warrant. Depending on the design and siting, such work may require consideration of the fire performance of elements of the building, particularly when close to another building or boundary. Even where a building warrant is not required, work must comply with all relevant building regulations. Please be advised that any extension to the boundary will need to make sure that external level access into the house is not removed or impaired. We encourage you to submit any building warrant application online using eBuildingStandards Scotland - this lets you pay online too. Further information on the Building Standards system in Scotland and the customer journey is available on the Scottish Government website, see link - https://www.gov.scot/publications/building-standards-customer-journey/ Please contact the Building Standards team if you need further advice buildingstandards@southlanarkshire.gov.uk LINK to building warrant info on council website. 2.0 Guiding Principles Alterations and extensions should fit in with the design and scale of the existing house, while not appearing out of character with the appearance of the surrounding residential area. The physical and visual impact on neighbours will be carefully considered. Applications for householder development will be assessed against the following criteria: a) The extension should be kept in proportion to the existing house and not over dominate the existing house - the extension should appear secondary. Similarly any extension should not, by virtue of its sheer physical/visual presence or scale, dominate adjacent properties or main public views such that the visual amenity of the area is adversely affected. b) The design should enhance or protect the character of the existing house and surrounding area. Material finishes should be appropriate for the existing house and its setting. This can include materials which match those on the existing property or more modern approaches which are appropriate in the context of the overall design of the proposal. The use of composite materials can often improve the visual interest of blank walls. The design and materials will be unique to each property, and will be assessed considering the immediate built environment. 207
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c) Extensions should not result in a significant loss of privacy to neighbouring houses or their garden ground. The distance between windows of directly facing habitable rooms should be 18 metres. Habitable rooms are considered to include: bedrooms, living rooms, studies and dining rooms. Bathrooms, dressing rooms, kitchens, utilities and hallways are not considered habitable. The recommended distance of 18m can be relaxed where the line of view between the windows is at an angle – the appropriateness of this will be individually assessed. Please refer to Appendix A which includes a matrix that will be referred to assess acceptability. Where overlooking would occur the application may be required to include proposals to provide screening to mitigate the impact where appropriate d) Upper floor side windows will generally be acceptable where they relate to non- habitable rooms and hallways. Bathroom windows and dressing rooms should use obscured or opaque glazing – and this should be annotated on submitted plans as part of any planning application. Habitable rooms on the first floor should avoid windows on the side elevations, in particular where this overlooks neighbouring houses or their gardens – in such a scenario only high level windows will be supported to prevent overlooking at eye level. e) The extension should not result in a significant loss of daylight or sunlight to neighbouring houses or their useable garden ground, nor cause overshadowing, detrimental to the amenity of adjacent properties. The Building Research Establishment (BRE) document - ‘Site Planning for Daylight and Sunlight: A Guide to Good Practice’, (2011) may be used to assess any impact on daylighting. In general, the impact of any extension should not overshadow a neighbouring habitable window by more than 50% when a 45-degree angle is used. f) When extending a property to the side boundary with the adjoining property, the impact on the external inclusive accessibility to the rear garden, visual impact, and the effect on the character of the area, will be carefully considered when assessing proposals. Proposals that result in the appearance of a terraced or continuous row of houses when viewed from the streetscene will only be supported where this will not lead to a detrimental impact on the area and/or incorporate design features that reduce this impact. 208
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g) Notwithstanding (f) above all extensions should be kept a minimum distance of 1.0m from the side boundary. This is to ensure: - an existing access around the house for garden equipment and refuse bins is maintained. Exceptions may be made where a route will be maintained via a garage, a small utility room or an access from the rear garden on to a footpath and; - a minimum 1.0m accessible access to the rear garden and any level access into the property is created and maintained. The importance of level access provision is reiterated in the separate building warrant process [see 1.3 above] - maintenance of the application site and the adjoining property and avoiding the creation of an inaccessible gap that can collect debris. h) Bin storage is preferred to the rear or side of a property where it is not highly visible. If the bin storage needs to be relocated to the front of the house, this should be shown on the proposed block plan. The bin storage area should be located outwith car parking spaces and level access paths and incorporate screening. i) Attention should be paid to windows and other details of the extension - and should be aligned with those of the existing house where possible. j) A usable amount of garden ground is to be remained for drying clothes, bin storage and general amenity. Over development of garden ground can remove the ability to enjoy private outdoor space, in particular family sized houses. k) An adequate level of off-street parking to serve the existing house is to be maintained. Any building should not adversely impact on vehicular access, visibility splays or pedestrian safety. Car parking spaces should not over dominate the front garden to an extent that prevents a footpath being provided from the pavement to the house. l) Upper floor balconies will only be permitted where they do not cause a significant adverse impact on the privacy of neighbouring properties. Consideration should be given to side screening of the balcony and included in the application. The visual impact of any screening will be taken into consideration in determining the application. m) Where any build is proposed on a shared boundary, no part of the development should extend beyond the boundary – in particular gutters or eaves should not overhang neighbouring land, and surface water run-off should be trapped and discharged within the application site. 3.0 House Extension and Alterations In addition to the guiding principles above, the following sections provide further details on specific topics and will form part of the decision making process. 1- Decking and raised platforms 2- Dormer extensions 3- Single storey extensions 4- Two storey extensions 209
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5- Garages, car ports and integral garage conversions 6- Porch outside any external door 7- Ancillary detached buildings 8- Fences and walls 9- Open plan estates 10- Renewable Energy 11- Flats 3.1 – Decking and raised platforms As decking and raised platforms can offer direct panoramic views over adjoining properties and gardens, there is the potential to significantly impact upon the residential amenity of neighbours. Where a planning application is required the assessment will focus on privacy, overlooking and overshadowing. Where there is significant underbuilding and screening the visual impact will also be considered. In all cases where the development would result in overlooking of adjoining properties the application should include proposals to reduce it to a reasonable level. Where this involves fencing it should not result in an increase in overshadowing of the adjoining property to an unacceptable degree. 3.2 – Dormer extensions The following criteria should be taken into account when considering the formation of dormer windows. Dormers should: (a) Be stepped below the ridgeline of the existing roof and drawn back from the eaves. (b) Aim for a minimum set back of 0.3m from the edge of the roof, including any adjoining roof boundary with a neighbouring semi-detached or terraced property. (c) Where located on a prominent or visible frontage, they should not extend the full width of the roof. Two small dormers on the same elevation can offer a suitable alternative to one large dormer, which may be out of scale with the existing house. (d) Rear dormers will be assessed in relation to how visible they are from public view and how they impact on the privacy of adjacent houses and gardens. In certain cases a longer dormer rather than 2 smaller separate dormers may be acceptable. (e) The roof and walls of the dormer should be finished in materials which either match or are visually compatible with the existing house. Please annotate the materials on elevation plans submitted as part of a planning application. 210
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3.3 – Single storey extensions Single storey extensions to the side of a property do not need to be stepped back from the front elevation unless this would prevent the introduction of a terraced effect. Extensions that project forward of the front elevation must be well proportioned to visually fit in with the appearance of the existing dwelling. In addition, the streetscape should not be adversely impacted upon by an excessive or out of character addition that doesn’t respect the building line. Design considerations may reduce the visual impact and potential physical impact of an extension to protect neighbouring residential amenity. Forming a pitched roof gable end or reducing the slope of a roof may be appropriate in certain circumstances. Where flat roofs are acceptable, you are encouraged to install a green living roof to make a positive contribution towards reducing the impact on climate change. 3.4 – Two storey extensions Two-storey extensions should: a) Not have a flat roof unless the existing house is flat-roofed, or the proposal would tie into an existing flat roof extension. b) Carry through the line of the eaves of the existing house, and a roof pitch that matches the existing roof. c) Set the ridge line below the existing ridge and be stepped back from the front elevation to delineate the original dwelling from the extension, so that it will appear secondary to the main dwelling. d) Where the extension will be close to a neighbouring house of a lower ridge height (such as a bungalow), the potential impact on the neighbouring house may require the design and scale of the extension to be altered. Mitigation measures that could be considered is stepping back a further distance from the shared boundary, a reduction in ridge height and use of dormer windows. 3.5 – Garages, car ports and conversion of integral garages As reflected in the National Roads Development Guide (Scotland), a garage is not considered a car parking space unless it is 7m x 3m (internal size). A private driveway of at least 6 metres long must be provided in front of any new garage or car port (measured from the edge of the footpath), and any garage doors and driveway gates must not open out over the car parking space, public road, or footpath. The design and location of a proposed garage should be in harmony with the existing dwelling and surroundings; they should be located either at the side or rear of a house, providing that sufficient garden ground remains available. Garages to the front can often appear out of character with the streetscape and established building lines, and careful consideration to its acceptability will be required. The garage should preferably be set back from the front elevation of the house and should not obscure it, be over dominant or be positioned forward of the building line such that it looks out of place or forms an intrusive feature in the street or plot. 211
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The ridge height of the garage should consider the impact on neighbouring properties, and its prominence within the streetscape. This is particularly relevant where a storage space is proposed in the garage roof space and the roof would be steeply pitched. The conversion of an integral garage into additional accommodation to serve the house usually does not require planning permission. However, there are cases where the original planning consent for the property will include a condition to prevent the garage from being converted. Where a planning application for the conversion of integral garages to form a habitable room is submitted, you must ensure appropriate car parking provision is provided as described elsewhere in this guide. 3.6 – Porch outside any external door Where a porch requires permission, the visual prominence and impact on the streetscape will be carefully considered. The scale of any porch should appear proportionate with the dwellinghouse. Where proposals for front access porches include the formation of a toilet,the scale is often defined by minimum internal size requirements and accessible door standards through the Building (Scotland) Regulations. The provision of adaptations to improve the accessibility and liveability of an existing dwelling to cater for the changing needs of homeowners should be supported. However, given the visual prominence on a main elevation, the size of such porches should aim for the minimum size necessary. 3.7 – Ancillary detached buildings This section relates to the erection of sheds and greenhouses as well as structures such as summerhouses and gazebos. As best practice, consideration should be given to the orientation of the structure to minimise noise disturbance and overlooking to neighbouring properties. Where a planning application is required, the following criteria should be met: a) Be positioned, where possible, within the rear garden and not forward of any principal elevation. b) Be in proportion to the size of the garden - a usable amount of garden ground should remain undeveloped to allow for drying clothes, bin storage and general amenity. c) Not adversely affect neighbours by overshadowing or overlooking their property. d) Be constructed of materials appropriate to the existing dwelling. e) Where the visual impact is of concern, or the structure would be visually prominent from the wider street scene, careful positioning will be a requirement and, in some cases, additional landscaping should be considered where this may mitigate the impact. 212
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Buildings within this category of development are generally considered to be for the personal use of the homeowner or ancillary to the dwellinghouse. The use of the building for a business may require planning permission separately – please see guidance in section 5. 3.8 – Fences and walls Fences and walls, particularly in front gardens, can have a significant effect on the appearance of the property and surroundings. Generally, fences should be stepped back from the public footpath to retain an open plan approach to the streetscape. When erected beside driveways or on the corner of the street, they can also have an impact on sightlines and traffic safety. In such cases the advice of the Roads and Transportation Service may be sought. The height of the fence or wall to be erected is measured from the ground level of the applicant’s curtilage. Where a fence along a neighbouring boundary is higher than 2m, an assessment will be carried out whether this would have an acceptable impact on overshadowing and appearance. 3.9 – Open Plan Estates Some residential estates are subject to a condition on the original planning permission that prohibits the erection of walls and fences in front gardens. This reflects the contribution that the open plan concept can make to environmental quality and seeks to avoid a proliferation of boundary treatments of different design and materials. There will be a general presumption against permitting front walls/fences within residential areas where the open plan character has largely been maintained, with few breaches having occurred. In private residential areas where an open plan condition exists, but where a significant number of breaches have taken place which have resulted in the erosion of the open plan character to such an extent that it is no longer worth preserving, there will be a general presumption in favour of permitting front walls/fences subject to compliance with the following criteria: a. No fence or wall shall exceed 1 metre in height and shall be constructed in facing brick or finished in render to match the house. Alternative proposals of suitable design and colour may be permitted where considered appropriate. b. The introduction of a front wall/fence shall not adversely affect the visual amenity of an area by way of: ⧫ its relationship with adjacent properties within the layout, ⧫ its effect on streetscape, ⧫ its prominent/inappropriate location with particular regard to corner plots, plots adjacent to footpaths and areas of public open space, ⧫ the basic concept or character of the layout itself, ⧫ by affecting sightlines/visibility as required to access the property itself, adjacent properties or at road junctions or, its design and material. 213
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3.10 - Renewable energy The use of micro-renewables are valuable contributors to CO2 emission reduction. Where possible, proposals for extensions and alterations should be designed to incorporate the use of sustainable materials and micro-renewables to contribute to meeting these targets. Proposals should also reflect the current Building Regulations. As Scotland seeks to achieve its greenhouse gas emissions targets it will be increasingly important that existing houses adapt to reduce their impact on climate change. Permitted development rights exist for a wide range of such development. Where a planning application is needed, there will generally be a presumption in favour of the development if it can be demonstrated that there would no adverse impact on the amenity of neighbouring properties or visual prominence within the streetscape. An application should be supported by sufficient information to enable an assessment to be carried out, this may include for example a noise impact report. Free standing wind turbines can have more of an impact due to their increased visibility, and potential for shadow flicker and noise. It is unlikely that free standing turbines proposed within garden areas in a residential area would be acceptable. Solar panels have the potential to create an adverse impact on the historical character of listed buildings and conservation areas. In such cases, the solar panels should be located on roof elevations that are not highly visible from the main public views, and preferably to the rear facing elevation. When making an application for air source heat pumps, consideration should be given to the location of the pump to minimise noise and vibration levels for neighbouring properties. Similarly a planning application involving the provision of biomass or a wood burning stove should include details of the flue, including height, and should be included on elevational plans and block plans. If the property is located within an Air Quality Management Area, then further information relating to type of fuel and particle emissions may be requested. It would be advisable to consult with the Council’s Environmental Health service before submitting an application for advice on both of these matters. 3.11 – Flats Extensions to flats, including four-in-a-block cottage flats, do not benefit from ‘permitted development’ rights and planning permission is therefore required for such works. Planning permission is also required for structures to be erected within the curtilage of a flat. Please refer to the General Permitted Development (Scotland) Order 1992 (as amended) for full details of permitted development rights available to flatted dwellings. Additional issues in considering applications for extensions or alterations to flats include: a) access for maintenance, b) over looking to communal ground, c) over shadowing, and d) the visual amenity of cumulative alterations. 214
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4.0 – Listed Buildings and Conservation Areas The guidance contained within this section should be read in conjunction with Policy NHE 3 Listed Buildings and Policy NHE 6 Conservation Areas of the adopted South Lanarkshire Local Development Plan 2. Historic Environment Scotland (HES) holds up to date lists of all listed buildings and their category listing which defines how important the building may be. HES provide advice to homeowners on a wide range of topics on their website – please see their Managing Change productions. Managing Change in the Historic Environment Guidance Notes | HES A separate permission, Listed Building Consent (LBC), will be required for any extensions and alterations to a Listed Building or to buildings or structures in its curtilage, which affect the character of the listed building. Please check with the Planning service for the need for LBC for internal changes prior to any works being carried out. Repairs and like for like replacement should also be discussed with the service. Extensions to Listed Buildings or new outbuildings within the curtilage must be sensitively designed and of the highest quality. The LBC application should be accompanied by clear information to show the impact on the existing fabric and character of the building. Similarly, alterations to the existing building should be accompanied with details of what exists in comparison to what will replace it, such as replacement windows or stone repairs. Extensions can be either traditional in design and materials to match existing, or of contemporary design with contrasting materials. Modern materials such as UPVC are generally unacceptable on architecturally important or visually prominent elevations. Materials should focus on timber in the first instance, however high-quality composite materials may be considered in exceptional circumstances. Each approach will be considered on its individual merits as part of the application process. Careful consideration is to be given to original windows, and where they are of notable historic importance, the repair of windows rather than their replacement should be investigated. Where double glazing is proposed, the glass and frame should be slim to provide a high-quality finish that respects the historic character of the building. Windows should have a sliding method of opening where appropriate. Conservation areas are areas of special architectural interest, where the character or appearance is desirable to preserve or enhance. Conservation Area Consent (CAC) is required if a proposal involves the demolition of any building or structure in a conservation area. Development affecting the setting of a Conservation Area must be sensitively designed to ensure that it does not adversely affect the special character of the area. The building materials must be carefully chosen to match or at least complement those of the main building. On unlisted buildings within a conservation area, elevations which are not visible from main public views may potentially have flexibility in what can be proposed. If development is proposed on a main or visible elevation, the application may require to be advertised in the local newspaper (this will be carried out by the Planning Department). 215
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5.0 – Working from home Small businesses make an important contribution to the economy of South Lanarkshire and often have their origin in the business operator’s dwellinghouse. The use of one room of a house, a garden structure or the garden itself, or an existing or proposed garage for business use which generates no clients, traffic, noise, or smell will usually not require planning permission as there will be no material effect on the use of the property as a dwellinghouse or on the residential environment of the area. However, once the business activity increases and the business use of the property ceases to be ancillary to its use as a dwelling, a material change of use is likely to have taken place and planning permission will be required. The need for planning permission will be assessed on a site-by-site basis considering the site’s context and on the individual merits of the case. Where there is uncertainty if planning permission is required a Certificate of Lawful Use will be required to make a formal decision. The application will be assessed against the following criteria, as set out in Policy DM12 Working from Home of the adopted local development plan, to decide whether a planning application is required: 1) The extent to which the main use of the property (including garden) remains as a dwelling. 2) The proportion of rooms/space in the dwellinghouse or flat to be used for business or professional purposes. 3) The extent to which non-residents of the household are employed on the premises. 4) The extent to which activities associated with the business are detrimental to the amenity of the area by virtue of noise, vibration, smell, fumes, smoke, ash, dust, or grit. 5) The number/frequency of commercial vehicles and visitors. 6) The manner and extent of retailing that takes place from the property. 7) The number/frequency of delivery or dispatch vehicles generated by the business. 8) The extent to which external storage of materials or goods takes place at the dwelling. In addition in cases where it is determined that planning permission is not required but the business subsequently intensifies in use or attracts complaints the original decision will be reviewed. It is always advisable to seek advice before expanding the use. Further advice on more commonly requested businesses operating from home is as follows: 216
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Vehicle repairs and alterations for commercial purposes is considered a material change where planning permission is required. There is potential for noise and road safety implications with such businesses, and preferably such businesses should be relocated to unit within an industrial or business area or potentially a farm steading. A child-minding business from a house can be carried out without planning permission where there is no more than 6 children and 1 staff member at the property at any one time. Where there is an increase in activity, planning permission may be required, and it is best to discuss your proposal with a Planning Officer. Child minding may require suitable outdoor space and car parking to be provided, and the impact on neighbouring amenity will be considered through the submission of any planning application required. The use of one room within the dwelling or a detached building for beauty, hairdressing or therapy may not require planning permission and will depend on the site context and individual circumstances, in particular the maximum number of customers at any one time, availability of car parking and the cumulative impact of other similar businesses within the immediate area. Commercial dog grooming and day care may cause noise disturbance to neighbouring properties, and requires planning permission. Where it is decided a proposed business use from a dwelling constitutes a material change of use and requires planning permission, the proposal will have to comply with the following: a) There will be no adverse impact on the residential amenity of neighbouring properties in terms of noise, disturbance, smell, and dirt generated by the business or by members of the public visiting the premises. b) There will be no adverse impact on traffic or public safety resulting from traffic generated by the use. c) There is provision for satisfactory car-parking and servicing facilities. This can either be in curtilage, or available to the public within easy reach of the site. d) There will be no adverse impact on neighbours caused by activities taking place outside socially acceptable hours and at weekends. e) Any required storage of materials/vehicles is satisfactorily accommodated on the site without any adverse impact on neighbouring properties. f) A supporting statement is submitted to include the following information: description of business and activity carried out, hours of operation, number of staff, number of visiting members of the public at any one time, details of deliveries and storage requirements, and available car parking. During the planning application process additional information may be requested by the Planning Officer to enable a full assessment to be carried out. 7.0 – Short term lets/Self-catering Designated short term let control areas. The Planning (Scotland) Act 2019 introduces powers for planning authorities to designate short term let control areas where the use of a dwellinghouse for providing a short term let will require planning permission. Currently within South Lanarkshire Council there are no designated short term let control areas as there is no evidence that there is a high 217
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concentration of short term let properties to the detriment of the character of that area, or to the extent that housing stock is being reduced. However this will be kept under review. Bed and breakfast A short term let or the use of a property for self catering, is not to be confused with bed and breakfast provision. In terms of planning legislation a house can be used to offer bed and breakfast without planning permission where no more than two bedrooms are used for this purpose, or in the case of premises having less than four bedrooms only one bedroom is used for that purpose. A flat cannot generally be used to offer bed and breakfast without planning permission. What is a short term let? If you are considering letting out your property, please check the following criteria to confirm if it meets the definition of a short term let as set out in the Civic Government (Scotland) Act 1982 (Licensing of Short Term Lets) Order 2022: a) sleeping accommodation is provided to one or more persons for one or more nights on a commercial basis, b) no person to whom sleeping accommodation is provided is an immediate family member of the person by whom the accommodation is being provided, c) the accommodation is not provided for facilitating the provision of work or services to the person who is providing the accommodation or to another member of that person’s household, d) the accommodation is not provided by an employer to an employee in terms of a contract of employment or for the better performance of the employee’s duties, and e) It does not involve a dwellinghouse that is part of a hotel, boarding house, guest house, hostel, a hospital or care home, a refuge or student accommodation. When has a material change of use taken place? In general terms planning permission will be required for use of a dwellinghouse as a short term let if this results in a material change of use of the property. Each proposal will be considered on its individual merits - this allows a flexible approach to be taken across the varied property and locational characteristics. More guidance on this can be found at Scottish Governments Planning Guidance for Hosts and Operators – Short Term Lets in Scotland. Short Term Lets in Scotland - Planning Guidance for Hosts and Operators (www.gov.scot) Flats are considered separately from houses, as flats do not fall within the same use class (flats are sui generis) and planning permission will likely be required to operate as a self catering unit or short term let regardless of the location of the property. Matters that the Planning Authority will take into account when deciding if a material change of use has occurred include: 218
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⧫ How guests arrive and depart. ⧫ Likely frequency and intensity of noise or other unsociable behaviour. ⧫ Impact on public services and resident’s amenity. ⧫ The ability to provide in-curtilage car parking. ⧫ Cumulative impact on the character and amenity of a neighbourhood. ⧫ Capacity of the property Outwith town centre locations as identified in the adopted SLLDP2, proposals that meet any of the following criteria will automatically require planning permission: 1. A dwellinghouse containing 5 or more bedrooms, 2. The use of a detached building within the curtilage of a dwellinghouse. Enquiries by an owner to establish if planning permission is required for the letting of a dwellinghouse can be addressed through the submission of a Certificate of Lawfulness (see section 1.2). Confirming that a material change of use is required, or has occurred, does not indicate the potential outcome of a planning application, only that planning consent is required. Assessing a planning application Where planning permission is required the ability to manage the self-catering unit will focus on protecting the amenity of predominantly residential areas where the proposals could impact upon parking provision, and adversely impact upon the character of the area and residential amenity. This approach aims to achieve a balance between the benefits of self- catering to tourism and the local economy, and the impact upon the areas in which they are located. Where a self-catering use requires planning permission, the proposal shall consider the following criteria: a) There will be no adverse impact on the residential amenity of neighbouring properties in terms of noise or disturbance. b) There is a suitable waste collection/disposal arrangement in place. c) There is provision for satisfactory car-parking. Depending on the nature of the site, in curtilage, or long stay public parking within easy reach of the site, may be considered. d) The use of garden ground, in particular communal gardens, will not be adversely disruptive to neighbouring residents. Where planning permission is approved, a temporary consent for 10 years will be given. After this date, and without a renewal of the consent in place, the property will revert to residential use. 219
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Flatted Dwellings It is a concern that blocks of flats generally do not lend themselves to short-term letting as well as other properties given the opportunity for noise and other amenity impacts in a common stair and shared means of access. This is particularly relevant in residential areas located outwith town centre locations. In addition to the criteria listed above, proposals for flatted dwellings will also require the following to be considered when determining a planning application: a) Access into the property. How access is given to ensure minimal disruption to neighbouring residents whilst also ensuring that safety within the communal stairway is maintained. b) The impact of noise on neighbouring residents is likely to be greater in a tenement, an apartment building or similar. Town Centre locations Proposals for short term let proposals within established town centre locations as identified in the adopted SLLDP2 will generally be supported in principle. This applies to both dwellings and flatted dwellings. The character of such areas is predominantly commercial, food and leisure, with an element of residential. It is considered that proposals would not adversely impact upon the active character, could utilise existing public parking facilities and public transport, and would support the economic function of the town centre. Licensing The Civic Government (Scotland) Act 1982 (Licensing of Short Term Lets) Order 2022. This legislation came into force on 1 March 2022and introduces a licensing scheme intended to ensure short term lets are safe and fit for purpose, and to deal with problems faced by neighbours. It will allow local authorities to better understand the extent of short term letting in their area, to consider the effects, and how to deal with any potential problems. After 1st October 2022, new hosts and operators will need to have a licence. This means that, if you were not using your premises to provide short-term lets before 1st October 2022, you can advertise but not take bookings or receive guests until you have obtained a licence. Existing hosts or operators (those using accommodation to provide short-term lets before 1st October 2022) have until 1st April 2023 to apply for a licence. During this period you can operate without a licence (by continuing to take bookings and receive guests) unless your licence application has been determined and refused. After 1st April 2023, existing hosts can only continue to operate if they have submitted an application for a licence on or before 1st April 2023 that has not yet been determined or been granted a short-term let licence. S hould you have an enquiry relating to licensing please click the following link – Short-term lets in Scotland – Licensing Scheme - South Lanarkshire Council The Planning Service will be consulted on applications for a license to determine whether planning permission is required. In cases where it is unclear whether a material change of use has or will occur the applicant will be asked to submit a Certificate of Lawful Use Development application. Applicants for licences should be mindful of potential timescales and fees to complete this process. 220
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Appendix A 221
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