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Agenda Document Pack - Planning Local Review Body - 27/10/2025

South Lanarkshire Council · 27 October 2025
Back to Planning Local Review Body — 27 October 2025 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Friday, 17 October 2025 
Dear Councillor 
Planning Local Review Body 
The Members listed below are requested to attend a meeting of the above Committee to be
held as follows:- 
Date:  Monday, 27 October 2025
Time:  10:30
Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton,
ML3 0AA 
The business to be considered at the meeting is listed overleaf. 
Yours sincerely 
Paul Manning
Chief Executive 
Members 
Richard Nelson (Chair), Gerry Convery (Depute Chair), Alex Allison, Colin Dewar, Gladys
Ferguson-Miller, Cal Johnston-Dempsey, Lesley McDonald, Norman Rae, Graham Scott, David
Shearer 
Substitutes
Robert Brown, Maureen Devlin, Grant Ferguson, Alistair Fulton, Graeme Horne, Richard Lockhart,
Ian McAllan, Kenny McCreary, Davie McLachlan
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of the meeting of the Planning Local Review Body held on 15
September 2025 submitted for approval as a correct record.  (Copy attached) 
5 - 14 
Item(s) for Decision 
3 Review of Case – Application P/24/1305 for Erection of Dwelling House
(Accommodation for Farm Worker) at Boghall Farm, Boghall Road, Biggar
Report dated 13 October 2025 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
15 - 18 
3a  Appendix 1 Planning Application Form P/24/1305  19 - 38 
3b  Appendix 2(a) Report of Handling P/24/1305  39 - 46 
3c  Appendix 2(b) Consultation Response P/24/1305  47 - 50 
3d  Appendix 3 Site Photographs and Location Plan P/24/1305  51 - 62 
3e  Appendix 4 Planning Decision Notice and Reasons for Refusal P/24/1305  63 - 70 
3f  Appendix 5 Notice of Review P/24/1305  71 - 108 
3g  Appendix 6 Further Representation P/24/1305  109 - 116 
3h  Appendix 7 Applicant's Comments on Further Representation P/24/1305  117 - 126 
4 Review of Case – Application P/25/0470 for Erection of Two Storey Side
Extension, First Floor Extension Above Garage and Associated Alterations
at 83 Mote Hill, Hamilton
Report dated 13 October 2025 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
127 - 130 
4a  Appendix 1 Planning Application Form P/25/0470  131 - 138 
4b  Appendix 2(a) Report of Handling P/25/0470  139 - 148 
4c  Appendix 2(b) Representations P/25/0470  149 - 156 
4d  Appendix 3 Site Photographs and Location Plan P/25/0470  157 - 164 
4e  Appendix 4 Planning Decision Notice and Reasons for Refusal P/25/0470  165 - 172 
4f  Appendix 5 Notice of Review P/25/0470  173 - 192 
4g  Appendix 6 Further Representations P/25/0470  193 - 200 
4h  Appendix 7 Applicant's Comments on Further Representations P/25/0470  201 - 204 
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Urgent Business 
5 Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING LOCAL REVIEW BODY (PLRB) 
Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street,
Hamilton on 15 September 2025 
Chair:
Councillor Richard Nelson 
Councillors Present:
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Colin Dewar, Councillor
Lesley McDonald, Councillor Norman Rae, Councillor Graham Scott, Councillor David Shearer 
Councillors' Apologies:
Councillor Gladys Ferguson-Miller, Councillor Cal Johnston-Dempsey 
Attending:
Community and Enterprise Resources
T Finn, Planning Adviser to the Planning Local Review Body
Finance and Corporate Resources
S Jessup, Administration Assistant; D McLardy, Legal Adviser to the Planning Local Review Body; S
McLeod, Administration Officer 
1 Declaration of Interests 
No interests were declared. 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Planning Local Review Body held on 18 August 2025 were
submitted for approval as a correct record. 
The PLRB decided: that the minutes be approved as a correct record. 
3 Review of Case – Application P/25/0258 for Erection of 3 Dwelling Houses Within
Existing Garden Ground and Formation of Access (Planning Permission in
Principle) at 30 Carnwath Road, Braehead, Lanark 
A report dated 4 September 2025 by the Executive Director (Finance and Corporate Resources)
was submitted on a request for a review of the decision taken by officers, in terms of the
Scheme of Delegation, to refuse planning permission for planning application P/25/0258 by A
Taylor for the erection of 3 dwelling houses within existing garden ground and formation of
access (planning permission in principle) at 30 Carnwath Road, Braehead, Lanark. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and responses from consultees
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submissions from an interested party and Planning Regulatory Services following
notification of the request for the review of the case
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The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties. 
Following its review of the information, the PLRB concluded that there was no valid policy
justification to support the erection of 3 dwelling houses within existing garden ground and
formation of access (planning permission in principle) at the proposed location and it would not
accord with the development plan for the reasons detailed in the decision notice issued on 15
May 2025. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/25/0258 by A Taylor for the erection of 3
dwelling houses within existing garden ground and
formation of access (planning permission in principle) at 30
Carnwath Road, Braehead, Lanark be upheld. 
4 Review of Case – Application P/25/0082 for Formation of New Vehicular Access
from A73 to Replace 2 Existing Ones at Land 490 Metres Southeast of Marchburn,
Lanark Road, Lanark 
A report dated 4 September 2025 by the Executive Director (Finance and Corporate Resources)
was submitted on a request for a review of the decision taken by officers, in terms of the
Scheme of Delegation, to refuse planning permission for planning application P/25/0082 by F
Smith for the formation of a new vehicular access from the A73 to replace 2 existing ones at
land 490 metres southeast of Marchburn, Lanark Road, Lanark. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and a response from a consultee
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submissions from an interested party following notification of the request for the
review of the case
 comments from the applicant on the further submission received from an interested party 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties.
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Following its review of the information, the PLRB concluded that there was no valid policy
justification to support the formation of a new vehicular access from the A73 to replace 2
existing ones at the proposed location and it would not accord with the development plan for the
reasons detailed in the decision notice issued on 11 April 2025. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/25/0082 by F Smith for the formation of a new
vehicular access from the A73 to replace 2 existing ones at
land 490 metres southeast of Marchburn, Lanark Road,
Lanark be upheld. 
5 Review of Case – Application P/25/0101 for Erection of 26 Dwelling Houses,
Associated Access Road, Noise Bund with Fence, Suds Pond, Landscaping and
Associated Works at Land 85 Metres South of 51 Brocketsbrae Road,
Brocketsbrae Road, Lesmahagow, Lanark 
A report dated 4 September 2025 by the Executive Director (Finance and Corporate Resources)
was submitted on a request for a review of the decision taken by officers, in terms of the
Scheme of Delegation, to refuse planning permission for planning application P/25/0101 by
Modern Housing Limited for the erection of 26 dwelling houses, associated access road, noise
bund with fence, suds pond, landscaping and associated works at land 85 metres south of 51
Brocketsbrae Road, Brocketsbrae Road, Lesmahagow, Lanark. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
responses from consultees
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submission from Planning and Regulatory Services following notification of the
request for the review of the case
 comments from the applicant on the further submission received from Planning and
Regulatory Services 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The Planning Adviser advised as follows on a procedural matter:- 
 the application site had been the subject of 2 previous planning consents:-
 P/19/1802 for the erection of 26 dwelling houses, associated access road, noise
bund with fence, suds pond, open space and landscaping
 P/24/0529 for the erection of 25 dwelling houses, associated access road, noise
bund with fence, suds pond, open space and landscaping (variation to P/19/1802 as
approved including layout, siting and design and a reduction in house plots)
 both of the previous consents had been subject to legal agreements to address the impact
of the development on infrastructure on educational and community facilities and for the
provision of affordable housing
 the submission from Planning and Regulatory Services stated that, in the event that the
PLRB decided to reverse the decision to refuse the application, a legal agreement would
require to be concluded prior to issuing the decision notice
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 the applicant had submitted a solicitor’s letter stating that no new Section 75 agreement
would be required as an existing agreement was already in place
 on the basis that the application under review was for a different number of houses to the
previous consent and the circumstances relating to the education contribution had since
changed, a new Section 75 agreement would be required if planning permission was
granted 
The PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties. 
Following its review of the information and after discussion, the PLRB considered whether there
was valid policy justification to support the planning application for the erection of 26 dwelling
houses, associated access road, noise bund with fence, suds pond, landscaping and associated
works at the proposed location and concluded that there was adequate policy justification for the
application to be granted subject to conditions and a Section 75 agreement, on the grounds that
the proposal complied with the relevant policies in the local development plan, ie National
Planning Framework 4 (NPF4) and South Lanarkshire Local Development Plan 2 (SLLDP2).   
It was noted that the Council’s Administration and Legal Services would be instructed to
conclude and register a Section 75 agreement, following which, a decision notice would be
issued to the applicant. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/25/0101 by Modern Housing Limited for the
erection of 26 dwelling houses, associated access road,
noise bund with fence, suds pond, landscaping and
associated works at land 85 metres south of 51
Brocketsbrae Road, Brocketsbrae Road, Lesmahagow,
Lanark be reversed and that planning permission be
granted subject to:- 
 the conditions attached as Appendix 1 to this minute
 the conclusion of a Section 75 agreement and/or
other appropriate agreement between the Council,
site owner(s) and the applicant to ensure appropriate
financial contributions were made to address the
impact of the development on infrastructure on
educational and community facilities and for the
provision of affordable housing 
In terms of Standing Order No 14, the Chair adjourned the meeting during this item of business at
11.00am and reconvened at 11.10am 
6 Urgent Business 
There were no items of urgent business. 
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Application P/25/0101 – Draft Conditions and Reasons     
Erection of 26 dwelling houses, associated access road, noise bund with fence, suds pond,
landscaping and associated works at land 85 metres south of 51 Brocketsbrae Road, Brocketsbrae
Road, Lesmahagow, Lanark 
01. 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.  Thereafter 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. 
02. That no development shall commence on site until the applicant provides written confirmation
from Scottish Water or SEPA to the Council as Planning Authority that the site can be
satisfactorily served by a sewerage scheme designed in accordance with their standards. 
Reason:  To ensure the provision of a satisfactory sewerage system. 
03. That prior to any work starting on site, a Drainage Assessment in accordance with 'Drainage
Assessment - A Guide for Scotland', shall be submitted to and approved in writing by the
Council as Planning and Roads Authority. 
Reason:  To demonstrate that a satisfactory means of waste and surface water drainage can
be achieved. 
04. That no development or ground works 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 any archaeological items of interest or finds. 
05. 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.
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Reason:  To ensure the appropriate provision of landscaping within the site. 
06. 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. 
Reason:  In the interests of the visual amenity of the area. 
07. The proposed bund along the southwestern boundary of the site shall be so constructed to
leave a minimum of 1 metre level access between the bund and the existing boundary fence
with the M74. 
Reason:  To keep the existing access provision to both sides of the fence to allow the Roads
Authority to maintain the existing fencing along the motorway. 
08. That prior to the commencement of the proposed development, details of the proposed
drainage connections and supporting calculations shall be submitted for the approval of the
Planning Authority, after consultation with Transport Scotland.  The proposed drainage
calculations shall thereafter be implemented in accordance with the approved details and
calculations. 
Reason:  To ensure that the efficiency of the existing drainage network is not affected. 
09. 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. 
10. That before each dwelling is completed or brought into use, all of the parking spaces shown
on the approved plans for that dwelling shall be laid out, constructed and thereafter maintained
to the specification of the Council as Roads Authority. 
Reason:  To ensure the provision of adequate parking facilities for each dwelling within the
site. 
11. That before the development hereby approved is completed or brought into use, a visibility
splay of 2.5 metres by 90 metres measured from the road channel shall be provided on both
sides of new vehicular access into the 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. 
12. The localised road widening as shown on the approved plans and traffic calming measures
along Brocketsbrae Road shall be implemented to a suitable standard prior to occupation of
the first dwelling on site and shall be fully completed and surfaces finished to the satisfaction
of the Council as Planning and Roads Authority prior to the last dwelling hereby approved is
occupied.  Details of the proposed traffic calming along Brocketsbrae Road shall be submitted
prior to development starting on site. 
Reason:  In the interests of traffic and public safety.
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13. That prior to development starting on site the developer shall submit a site development traffic
management plan.  This will provide details on construction vehicles and staff parking,
compound facilities, construction/delivery routes, wheel wash facilities and road sweeping
plans etc. 
Reason:  To ensure adequate traffic management and road cleaning arrangements are put in
place to minimise disturbance to neighbouring properties and in the interest of traffic and
public safety. 
14. That, unless otherwise agreed in writing and prior to works commencing on site, the applicant
shall submit details to demonstrate each dwelling has access to its own electric vehicle
charging (EVC) point.  Where parking is provided within a shared courtyard, details shall also
include arrangements for siting of charging posts taking account of parking bays/boundary
features/pedestrian movement along with maintenance arrangements all for the written
approval of the Council as Roads 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 provision of appropriate facilities on site. 
15. That the first 4 metres of the driveways fronting onto Brocketsbrae (measured from the edge
of carriageway) must be surfaced, trapped and sealed to prevent any deleterious materials or
water from leaving the driveway and entering the public road.  Within this 4 metres, a
delineation flush kerb must be installed and located 2 metres from the edge of the carriageway
to delineate the public road / service strip from the private driveway. 
Reason:  In the interests of traffic safety and to prevent deleterious material from running onto
or entering the road. 
16. The housing developer shall ensure that (prior to the development becoming occupied) the
neighbourhood noise levels primarily from road traffic comply with the following:- 
Part 1 
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 2 
The Internal Noise Rating Values, within the residential property shall not exceed:- 
 NR25 between 23.00hrs and 08.00hrs
 NR35 between 08.00hrs and 23.00hrs 
Reason:  To ensure the noise levels within the new dwellings are at an acceptable level to
protect residential amenity.
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17. A bund/barrier consistent with that shown on approved plan MH-H-02-SL-01J site plan as
proposed within the context of document R21.10917/1/Let3 as it amends Assessment (NIA)
report (Reference: R21.10917-1-IK) shall be constructed and thereafter maintained.  The
details of the construction, surface density of materials and final positioning shall be submitted
to and approved by the Planning Authority.  In addition, the submitted details shall include the
planned maintenance of the bund and fencing for the lifetime of the development. 
Reason:  To ensure the noise bund and fence are constructed to and maintained to an
acceptable level for the lifetime of the dwellings hereby approved by this consent. 
18. An updated Noise Impact Assessment shall be provided on a Plot-by-Plot basis to
demonstrate the noise levels as follows:- 
A dedicated external area shall be provided capable of meeting the WHO community noise
guidance level of an LAeq,16hr of 55dB daytime in the garden amenity areas.  This may
include the inclusion of localised screening such as a garden structure etc. providing an
acoustic shadow capable of providing the additional insertion loss as required.  The final
details shall be submitted to and approved by the Panning Authority.  This shall include the
provisions within R21.10917/1/Let3 as it amends Assessment (NIA) report (Reference:
R21.10917-1-IK). 
For the avoidance of doubt, the above shall be provided with direct association to the updated
site plan Modern Housing Drawing, Brocketsbrae Site Plan as proposed as submitted within
the current application. 
Reason:  To ensure each dwelling has some private garden area with acceptable levels of
amenity in relation to background noise. 
19. For those most exposed facades requiring a closed window scheme to meet BS 8233:2014
Guidance on sound insulation and noise reduction, the final glazing and ventilation
specification and proposed combined sound reduction shall be submitted to and approved by
the Planning Authority.  It shall also be demonstrated that the optimal reduction with windows
partially open has been installed with cognisance to NANR116: ‘Open/Closed Window
Research’ Sound insulation through ventilated domestic Windows as prepared by Napier
University.  This may require modified windows and openable areas on exposed facades. 
This shall include:- 
 The provisions within R21.10917/1/Let 3 as it amends Assessment (NIA) report
(Reference: R21.10917-1-IK)
 Direct association to the updated site plan Modern Housing Drawing, Brocketsbrae Site
Plan as proposed as submitted within the current application 
Reason:  To ensure adequate levels of amenity are achieved for each dwelling on the site. 
20. Details of facilities for the storage of refuse within the proposed development, including the
design, location and access for uplift, shall be submitted to and approved in writing by the
Council as Planning Authority.  No dwellings shall be occupied until the facilities for the
storage of waste have been provided within the proposed development, in accordance with
the approved scheme. 
Reason:  To ensure adequate provision is made within the development for the storage and
collection of residential waste.
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21. 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. 
22. That notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) (Scotland) Amendment Order 2011 (or any such order revoking or re-enacting
that order), no fencing or walls shall be erected within the front garden areas of the dwellings
fronting onto Brocketsbrae Road (plots 1 to 11); without the submission of a further planning
application to the Council as Planning Authority. 
Reason:  To ensure that the Council retains effective control over future development of
boundary treatments onto the public road to retain the character of the streetscape. 
23. 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. 
24. 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). 
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 27 October 2025
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/24/1305 for Erection of
Dwelling House (Accommodation for Farm Worker) at
Boghall Farm, Boghall Road, Biggar 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the decision taken by officers, in terms of the Scheme of Delegation, on the
following application:-
[purpose]
1.2. Summary Application Information 
Application Type: Detailed planning application 
Applicant: Ms Woodside 
Proposal: Erection of dwelling house (accommodation for farm worker)
Location:   Boghall Farm, Boghall Road, Biggar, ML12 6JJ 
Council Area/Ward: 03 – Clydesdale East 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to determine
the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the review,
consider:- 
(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
[1recs]
3
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3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred to
the Planning Committee for a decision.   
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body. 
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring
a review of the determination in respect of their application.  (Refer Appendix 5) 
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as follows:- 
Further written submissions  Site inspection 
Hearing session(s) X Assessment of review documents
only, with no further procedure 
4.3. However, members will be aware that it is for the Planning Local Review Body to
determine how a case is reviewed. 
5. Information Available to Allow Review of Application
5.1. Section 43B of the Town and Country Planning (Scotland) Act 1997 restricts the ability
of parties to introduce new matters at the review stage.  The focus of the review should,
therefore, be on the material which was before the officer who dealt with the application
under the Scheme of Delegation. 
5.2. The following information is appended to this report to assist the Planning Local
Review Body in its review of the decision taken by officers:- 
 Planning Application Form (Appendix 1)
 Report of Handling by the Planning Officer under the Scheme of Delegation
(Appendix 2(a))
 Copy of consultee response (Appendix 2(b))
 Site photographs and location plan (Appendix 3)
 Decision notice (Appendix 4)
 Notice of Review including statement of reasons for requiring the review
(Appendix 5) 
5.3. Copies of the relevant drawings are available for inspection by contacting
Administration and Legal Services prior to the meeting.  
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6. Notice of Review Consultation Process
6.1. 1 further representation was received, a Statement of Observations from the Planning
Officer on the applicant’s Notice of Review, in the course of the 14 day period from the
date on which notification of the request for a review of the case was given.  This is
attached as Appendix 6. 
6.2. The applicant had the opportunity to comment on the further representation received. 
Comments from the applicant’s agent are contained in the submission attached as
Appendix 7. 
Jackie Taylor
Executive Director (Finance and Corporate Resources) 
13 October 2025 
Link(s) to Council Values/Ambitions/Objectives
 Work with communities and partners to promote high quality, thriving and sustainable 
communities
 Accountable, effective, efficient and transparent 
Previous References
 None 
List of Background Papers
 Guide to the Planning Local Review Body 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:
Stuart McLeod, Administration Officer
Tel:  07385 370 117
E-mail:  stuart.mcleod@southlanarkshire.gov.uk
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Planning Application Form 
Appendix 1  3a
19

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20

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Page 1 of 8
Floor 6, Council Offices Almada Street Hamilton ML3 0AA  Tel: 0303 123 1015  Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100689706-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Type of Application
What is this application for? Please select one of the following: *
  Application for planning permission (including changes of use and surface  mineral working).
  Application for planning permission in principle.
  Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc)
  Application for Approval of Matters specified in conditions.
Description of Proposal
Please describe the proposal including any change of use: *  (Max 500 characters)
Is this a temporary permission? *  Yes   No
If a change of use is to be included in the proposal has it already taken place?  Yes   No
(Answer ‘No’ if there is no change of use.) *
Has the work already been started and/or completed? *
 No   Yes – Started   Yes - Completed
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Proposed construction of new dwelling
3a
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22

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Page 3 of 8
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please descr be and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
BOGHALL FARM
1700.00
Agricultural land
South Lanarkshire Council
BOGHALL ROAD
BIGGAR
ML12 6JJ
637089 303856
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Page 5 of 8
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes   No
How many units do you propose in total? *
Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting
statement.
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes   No
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes   No   Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
bins shown on site plan
1
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Page 6 of 8
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Do you have any agricultural tenants? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate E
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate E
I hereby certify that –
(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginning of
the period 21 days ending with the date of the application.
(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are no agricultural tenants
Or
(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginning of
the period 21 days ending with the date of the application.
(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are agricultural tenants.
Name:
Address:
Date of Service of Notice: *
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Page 7 of 8
(4) – I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other owners or
agricultural tenants and *have/has been unable to do so –
Signed: David Graham
On behalf of: MS Woodside
Date: 24/10/2024
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes   No   Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes   No   Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes   No   Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
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Page 8 of 8
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr David Graham
Declaration Date: 24/10/2024
Payment Details
Pay Direct     
Created: 24/10/2024 13:58
Supporting statement
28

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Page 1 of 3
Floor 6, Council Offices Almada Street Hamilton ML3 0AA  Tel: 0303 123 1015  Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100689706-002
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
BOGHALL FARM
South Lanarkshire Council
BOGHALL ROAD
BIGGAR
ML12 6JJ
637089 303856
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Page 2 of 3
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Burrell Design Studio
David
Graham
Silvermuir Holding
Boghall Road
4
Boghall farm
ML11 7SD
ML12 6JJ
United Kingdom
Scotland
Lanark
Biggar
Ravenstruther
burrelldesignstudio@gmail.com
burrelldesignstudio@gmail.com
MS Woodside &Co
30

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Page 3 of 3
Proposal/Application Details
Please provide the details of the original application(s) below:
Was the original application part of this proposal?  *  Yes   No
Application Details
Please select which application(s) the new documentation is related to.
Application: *
Document Details
Please provide an explanation as to why the documentation is being attached after the original application was submitted: * (Max 500
characters)
Checklist – Post Submission Additional Documentation
Please complete the following checklist to make sure  you have provided all the necessary information in support of your application.
The additional documents have been attached to this submission. *  Yes   No
Declare – Post Submission Additional Documentation
I/We the applicant/agent certify that this is a submission of Additional Documentation, and that all the information given in this
submission is true to the best of my/the applicants knowledge.
Declaration Name: Mr David Graham
Declaration Date: 16/12/2024
100689706-001, application for Planning Permission, submitted on 24/10/2024
revised site plan with rotated house position
31

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Page 1 of 3
Floor 6, Council Offices Almada Street Hamilton ML3 0AA  Tel: 0303 123 1015  Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100689706-003
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
BOGHALL FARM
South Lanarkshire Council
BOGHALL ROAD
BIGGAR
ML12 6JJ
637089 303856
32

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Page 2 of 3
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Burrell Design Studio
David
Graham
Silvermuir Holding
Boghall Road
4
Boghall farm
ML11 7SD
ML12 6JJ
United Kingdom
Scotland
Lanark
Biggar
Ravenstruther
burrelldesignstudio@gmail.com
burrelldesignstudio@gmail.com
MS Woodside &Co
33

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Page 3 of 3
Proposal/Application Details
Please provide the details of the original application(s) below:
Was the original application part of this proposal?  *  Yes   No
Application Details
Please select which application(s) the new documentation is related to.
Application: *
Document Details
Please provide an explanation as to why the documentation is being attached after the original application was submitted: * (Max 500
characters)
Checklist – Post Submission Additional Documentation
Please complete the following checklist to make sure  you have provided all the necessary information in support of your application.
The additional documents have been attached to this submission. *  Yes   No
Declare – Post Submission Additional Documentation
I/We the applicant/agent certify that this is a submission of Additional Documentation, and that all the information given in this
submission is true to the best of my/the applicants knowledge.
Declaration Name: Mr David Graham
Declaration Date: 16/12/2024
100689706-001, application for Planning Permission, submitted on 24/10/2024
revised drawings showing mullions and slate roof finish
34

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Page 1 of 3
Floor 6, Council Offices Almada Street Hamilton ML3 0AA  Tel: 0303 123 1015  Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100689706-004
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
BOGHALL FARM
South Lanarkshire Council
BOGHALL ROAD
BIGGAR
ML12 6JJ
637089 303856
35

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Page 2 of 3
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Burrell Design Studio
David
Graham
Silvermuir Holding
Boghall Road
4
Boghall farm
ML11 7SD
ML12 6JJ
United Kingdom
Scotland
Lanark
Biggar
Ravenstruther
burrelldesignstudio@gmail.com
burrelldesignstudio@gmail.com
MS Woodside &Co
36

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Page 3 of 3
Proposal/Application Details
Please provide the details of the original application(s) below:
Was the original application part of this proposal?  *  Yes   No
Application Details
Please select which application(s) the new documentation is related to.
Application: *
Document Details
Please provide an explanation as to why the documentation is being attached after the original application was submitted: * (Max 500
characters)
Checklist – Post Submission Additional Documentation
Please complete the following checklist to make sure  you have provided all the necessary information in support of your application.
The additional documents have been attached to this submission. *  Yes   No
Declare – Post Submission Additional Documentation
I/We the applicant/agent certify that this is a submission of Additional Documentation, and that all the information given in this
submission is true to the best of my/the applicants knowledge.
Declaration Name: Mr David Graham
Declaration Date: 16/12/2024
100689706-001, application for Planning Permission, submitted on 24/10/2024
revised drawings showing  altered design appearance
37

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38

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Report of Handling 
Report dated 2 July 2025 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2(a)  3b
39

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Reference no. P/24/1305
Delegated Report   
Date 25 June 2025 
Planning proposal: Erection of dwellinghouse (accommodation for farm worker)  
Location:  Boghall Farm
Boghall Road
Biggar
ML12 6JJ 
Application
Type : 
Detailed planning application   
Applicant :  Ms Woodside    
Location :   Boghall Farm
Boghall Road
Biggar
ML12 6JJ    
Decision: 
Other
action/notes:     
Application refused 
(1) 
Report by: Area Manager (Planning & Building Standards) 
Policy reference:  
National Planning Framework 4
NPF4: Policy 1 Tackling the climate and nature crises
NPF4: Policy 2 Climate mitigation and adaptation
NPF4: Policy 3 Biodiversity
NPF4: Policy 4 Natural places
NPF4: Policy 5 Soils
NPF4: Policy 14 Design, quality and place
NPF4: Policy 15 Local Living and 20 minute neighbourhoods
NPF4: Policy 16 Quality homes
NPF4: Policy 17 Rural homes 
South Lanarkshire Local Development Plan 2 (adopted 2021)
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 GBR10 Accommodation associated with an Existing or Proposed Rural Business
SLDP2: Policy NHE10 Prime Agricultural Land
SLDP2: Policy NHE16 Landscape 
Assessment
Impact on privacy? No
Impact on sunlight/daylight? No
Impact on amenity? Yes
3b
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Traffic issues? No
Adheres to development plan policy? No
Adverse comments from consultees? No 
Consultations Summary of response 
Roads Flood Risk Management 
Countryside And Greenspace 
SP Energy Network 
Roads Development Management
Team 
SEPA West Region 
Representation(s): 
► 0 Objection letters
► 0 Support letters
► 0 Comment letters 
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Planning Application Delegated Report 
1 Application Summary 
1.1 The application site is located adjacent to Boghall Farm, Biggar and fronts onto Boghall
Road. The site is relatively level and consists of grassland enclosed by a combination of
post and wire fencing and a stone wall.  The site is located a short distance from Biggar
and Boghall farm is conterminous with the Biggar settlement boundary. 
1.2 The proposal is for a 1.5 storey detached dwelling with associated access and double
garage with storage above.  It is proposed as a home for a farm worker associated with
Boghall Farm. 
1.3 The proposed house would contain 3 bedrooms, an open plan living room/kitchen, a
separate lounge, utility room, study in addition to the double garage.  Off-street parking
would be provided to the front of the house, with direct access from Boghall Road.  The
dwelling would have a pitched roof finished in slate and smooth white render walls. 
1.4 Boghall Farm consists of a traditional stone farmhouse with farm related building to the
rear.  There is a second building that has been converted into a residential property,
currently used as a short-term let. 
2 Representation(s) 
2.1 None. 
3 Assessment and Conclusions 
3.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications
must be determined in accordance with the development plan unless material
considerations indicate otherwise. 
Climate Change
3.2 NPF4 Policy 1, NPF4 Policy 2 and SLLDP2 Policy 2 aim to ensure that proposals for new
development must, where possible, seek to minimise and mitigate against the effects of
climate change. 
3.3 There is no evidence to suggest that the site is affected by flooding.  If the decision had
been to approve, conditions could have been attached requiring tree planting and the
installation of an electric vehicle charging point.  Overall, the proposal does not
compromise the objectives of NPF4 Policy 1 and 2 and SLLDP Policy 2. 
Principal of Development
3.4 NPF4 Policy 17 Rural Homes aims to encourage, promote and facilitate the delivery of
high quality, affordable homes in the right location.  The policy advises the NPF4 supports
new homes in the rural area where the development is suitable scaled, sited and
designed and (using the only applicable criteria under (17a) v for this proposal) where it is
demonstrated to be necessary to support the sustainable management of a viable rural
business, and there is an essential need for a worker (including those taking majority
control of a farm business) to live permanently at or near their place of work. 
3.5 The proposal is for a farm worker and it has been demonstrated that Boghall Farm is a
livestock farm.  Information has been provide to support the application and demonstrate
that it relates to a viable farm business.  It should be noted that, in order to demonstrate
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viability, this information does include reference to the operation of the short-term let from
Boghall Farm. 
3.6 Boghall Farm is located adjacent to Biggar and is a short distance from the town centre
and easily accessible either on foot or by vehicular transport.  The online advertisement
for the short-term let on site specifically highlights the proximity of the site to Biggar. 
Whilst it is reasonable to consider the accompanying reports and the demonstration of the
need for an additional worker, it has not been demonstrated that there is an essential
need for a worker to live permanently at or near the farm.  The farm is only a few minutes
walk from much of Biggar and this accessibility would offer a clear opportunity for a
worker to live nearby rather than actually on the farm. 
3.7 Due to the operation of the short-term let, there are already two dwellings on site.  There
are also ruined buildings which could potentially be converted or redeveloped which have
not been fully considered.  Reference has also been made to the current situation
whereby when required, additional workers from the surrounding area are utilised.  This
suggests that the farm is readily accessible and that there is little justification for an
additional property in the manner proposed.  Therefore, the proposal is not fully compliant
with NPF4 Policy 17. 
3.8 NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the delivery
of high quality homes, in the right locations.  It advises that development proposals for
new homes on land not allocated for housing in the local development plan will only be
supported in limited circumstances, in rural locations, the proposal must be consistent
with the policy on rural homes.  In this case, the proposal does not comply with relevant
policies on rural homes and therefore contravenes NPF4 Policy 16. 
3.9 Policy 4 ‘Green Belt and Rural Area’ of the SLLDP2 specifies that within the Rural Area,
the aim is to protect the amenity of the countryside while at the same time, supporting
small scale development in the right places that is appropriate in land use terms and is of
a high environmental quality that will support the needs of communities.  It functions
primarily for agriculture, forestry, recreation, and other uses appropriate to the
countryside.  Development which does not need to be in the countryside will be expected
to be accommodated within the settlements identified on the proposals map.  Isolated and
sporadic development will not be supported. 
3.10 The proposed dwelling is linked to an appropriate rural business, however, as it has not
been established that there is a specific locational requirement, the proposal contravenes
Policy 4 of the South Lanarkshire Local Development Plan 2. 
Layout, siting and Design
3.11 NPF4 Policy 14 Design Quality and Place and SLLDP2 Policy 5 Development
Management and Placemaking and Policy GBRA1 Rural Design and Development aim to
ensure well designed development that makes for successful places and considers the
impact on residential amenity and the appropriateness of the development to a rural
setting.  Proposed developments shall be well related to locally traditional patterns and
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. 
3.12 Improvements have been made to the appearance of the proposed dwelling, including the
use of a slate roof.  However, the external walls are to be finished in smooth white render
which does not reflect the characteristics of the neighbouring farmhouse or the traditional
properties within Biggar. The proposed development of a new dwelling in the rural area,
contrary to policies designed to preserve that rural area from housing in inappropriate
locations and promote compact urban growth, is not considered to be characteristic of a
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liveable place.  The design of the dwelling has suburban elements, inappropriate for a
rural area.  On this basis, it is considered that the application proposal is contrary to NPF4
Policy 14 and SLLDP2 Policies 5 and GBRA1.
3.13  The site is within walking distance of the town centre and would therefore comply with
Policy 15 regarding local living and 20 minute neighbourhoods. 
Conclusion
3.14 It is not considered that there is sufficient justification for a dwelling at this location.  The
farm is directly adjacent to Biggar and already recruits additional labour when necessary
without the need for an additional dwelling on site. The external finishing materials,
consisting of white render, are inappropriate for a rural location as it has a suburban
appearance, countering local and national objectives to improve design quality in the
countryside.   
3.15 The introduction of a suburban style house in a prominent location would erode the rural
character of the area and there is not a sufficient need for a farm workers dwelling as
proposed.  In summary, the proposed development fails to adhere to the provisions of the
development plan, with specific regard to Policies 14, 16 and 17 of NPF4 (adopted 2023)
and Policies 4, 5, GBRA1 and GBRA10 of the South Lanarkshire Local Development Plan
2 (adopted 2021) and there are no material considerations which would outweigh this
variance with the development plan.  In view of this, it is considered that the application
be refused planning permission.   
4 Reason for decision 
Refuse planning permission for the following reasons:- 
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. 
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 proposal would be contrary to Policy GBRA10 (Accommodation Associated
with an Existing or Proposed Rural Business) of the South Lanarkshire Local
Development Plan 2 as the proposed dwelling is not of a satisfactory design with
regard to finishing materials and there are other properties within the farm which
could be used to provide additional farm worker accommodation. 
04. The proposal would be contrary to Policy 14 - Design, Quality and Place of
National Planning Framework 4 as it is not consistent with the 6 qualities of
successful places.   
05. The proposal would be contrary to Policy 16 - Quality Homes of National Planning
Framework 4 as the proposal is not consistent with the policy on rural homes. 
06. The proposal would be contrary to Policy 17 - Rural homes of National Planning
Framework 4 as it has not been demonstrated that it is essential for an additional
farm worker to be live permanently on the farm. 
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Delegating officer:   David Russell 
Date: 02 July 2025 
Previous references
 None   
List of background papers
► Application Form
► Application Plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 31.10.2024 
► Consultations 
Roads Flood Risk Management 
Countryside And Greenspace 
SP Energy Network 
Roads Development Management Team 22.11.2024 
SEPA West Region 
► Representations 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Bernard Darroch, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Phone:    
Email: planning@southlanarkshire.gov.uk 
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Consultation Response 
 Response dated 22 November 2024 from Roads, Transportation and Fleet
Services 
Appendix 2(b)  3c
47

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48

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Community and Enterprise Resources
Executive Director David Booth
Roads and Transportation Services – Transportation Engineering 
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB 
Email: enterprise.hq@southlanarkshire.gov.uk  
To: 
Planning and Regulatory Services Planning Application No: P/24/1305  
Case Officer: Ian Hamilton
From: Development Management 
Roads and Transportation Services
Contact: Jill Davies
Date: 22 November 2024     
Subject: OBSERVATIONS ON PLANNING APPLICATION P/24/1305
Location: Boghall Farm, Boghall Road, Biggar, ML12 6JJ 
I refer to the above planning application and would respond as follows. 
This application is for the erection of detached dwellinghouse (accommodation for farm worker).
This consists of a three bedroom dwelling with a detached garage, car parking and turning area
provided as per submitted drawing No: 1280-01. 
Access would be taken onto Boghall Road within the derestriction area, the required visibility splay
of 2.5m x 215m should be provided, however this cannot be achieved at this location. The
applicant shows visibility splays of 2.5 x 180m in both directions, which would be achievable and
acceptable in this instance as the new access is within 100 metres of the existing 30mph speed
limit.  A 2m verge should be provided along the frontage of the development. 
The parking requirements for the 3 bedroom dwelling is 2 car parking spaces. 
There is a requirement to install an electric vehicle charging point within the driveway. 
A road opening permit from the roads area office will also be required.   
In conclusion, this service would raise no objections subject to the following conditions being applied.  
• A dropped kerb verge crossing should be installed with a kerb at the rear of the verge to
delineate the public road, this would require the access to be surfaced with bituminous
material for at least six metres to prevent any deleterious material being discharged onto the
public road. As per submitted drawing No: 1280-01 
Reason: In the interests of traffic and public safety. 
• That before the development hereby approved is completed or brought into use, a 2 metre
verge to be provided along the entire frontage of the site. 
• That before the development is brought into use, three parking spaces (6m x 3m modules)
shall be provided. 
Reason: To ensure the provision of adequate parking facilities within the site.
3c
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• That before the development is completed or brought into use, the first six metres of the
driveway shall be so trapped and finished in hardstanding as to prevent any surface water or
deleterious material from running onto or entering the road. 
• Appropriate cleaning systems should be put in place within the site to ensure mud and debris
is not deposited on the public road. 
Reason: In the interests of traffic and public safety. 
• That before the development hereby approved is completed or brought into use, an electric
vehicle charging point should be installed. 
Reason: In the interests of traffic and public safety. 
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Site photographs and location plan 
Appendix 3  3d
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52

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3d
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Photo 1 looking east across site
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Photo 2 looking west to Biggar
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Photo 3 looking northeast within entrance to farm
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Photo 4 looking southwest
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Photo 5 looking northeast towards farm 
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Photo 6 looking southeast across site 
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Photo 7 looking south along Boghall Road 
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Photo 8 looking north along Boghall Road towards Biggar 
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62

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Planning Decision Notice and Reasons for Refusal 
Appendix 4  3e
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Email Ian.hamilton@southlanarkshire.gov.uk Phone: 
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services 
David Graham
Burrell Design Studio
4 Silvermuir Holding 
Ravenstruther
Lanark
ML11 7SD 
Our Ref: P/24/1305
Your Ref: 
If calling ask for: Ian Hamilton
Date: 11 July 2025 
Dear Sir/Madam 
Proposal: Erection of dwellinghouse (accommodation for farm worker)
Site address: Boghall Farm, Boghall Road, Biggar, ML12 6JJ, 
Application no: P/24/1305 
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/ 
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused. 
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal. 
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact Ian Hamilton on 
Yours faithfully 
Head of Planning and Regulatory Services 
Enc:  
3e
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006 
To: MS Woodside Per: David Graham 
Boghall Farm, Boghall
Road, Biggar, ML12 6JJ, 
4 Silvermuir Holding ,
Ravenstruther, Lanark,
ML11 7SD, 
With reference to your application received on 24.10.2024 for planning permission under the
above mentioned Act: 
Description of proposed development: 
Erection of dwellinghouse (accommodation for farm worker) 
Site location: 
Boghall Farm, Boghall Road, Biggar, ML12 6JJ,   
SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act
hereby: 
REFUSE PLANNING PERMISSION 
for the above development in accordance with the plan(s) specified in this decision notice and the
particulars given in the application, for the reason(s) listed overleaf in the paper apart. 
Date: 11th July 2025 
Head of Planning and Regulatory Services 
This permission does not grant any consent for the development that may be required under
other legislation, e.g. Building Warrant or Roads Construction Consent. 
South Lanarkshire Council
Community and Enterprise Resources
Planning and Regulatory Services 
Application no.
P/24/1305 
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South Lanarkshire Council 
Refuse planning permission 
Paper apart - Application number: P/24/1305 
Reason(s) 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. 
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 proposal would be contrary to Policy GBRA10 (Accommodation Associated with an
Existing or Proposed Rural Business) of the South Lanarkshire Local Development Plan 2
as the proposed dwelling is not of a satisfactory design with regard to finishing materials
and there are other properties within the farm which could be used to provide additional
farm worker accommodation. 
04. The proposal would be contrary to Policy 14 - Design, Quality and Place of National
Planning Framework 4 as it is not consistent with the 6 qualities of successful places. 
05. The proposal would be contrary to Policy 16 - Quality Homes of National Planning
Framework 4 as the proposal is not consistent with the policy on rural homes. 
06. The proposal would be contrary to Policy 17 - Rural homes of National Planning
Framework 4 as it has not been demonstrated that it is essential for an additional farm
worker to be live permanently on the farm. 
Reason(s) for decision 
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Notes to applicant 
Application number: P/24/1305 
Important
The following notes do not form a statutory part of this decision notice. However, it is
recommended that you study them closely as they contain other relevant information. 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
1280-01 B Refused  
1280-02 B Refused  
1280-03 B Refused   
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Important notes 
Community And Enterprise
Resources Executive Director David
Booth Planning And Regulatory
Services 
Town and Country Planning (Scotland) Act
1997 
1. Compliance with conditions 
Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section
145), failure to comply with any condition(s) imposed on any planning permission may
result in the service by the Council of a “Breach of Condition Notice” requiring
compliance with the said condition(s). 
There is no right of appeal against such a Notice and failure to comply with the terms of
the Notice within the specified time limit will constitute a summary offence, liable on
summary conviction to a fine not exceeding £1000. 
2. Procedure for appeal to the planning authority 
(a) If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the applicant
may require the planning authority to review the case under section 43A of the Town
and Country Planning (Scotland) Act 1997, within three months from the date of this
notice. The notice of review should be addressed to: 
Executive Director (Finance and Corporate Resources)
Administration and Legal Services
Council
Headquarters
Almada Street
Hamilton
ML3 0AA 
To obtain the appropriate forms:
Administration and Legal Services at the above
address. Telephone: 07385 370 117
E-mail: stuart.mcleod@southlanarkshire.gov.uk 
(b) If permission to develop land is refused or granted subject to conditions, whether by the
planning authority or by the Scottish Ministers, and the owner of the land claims that the
land has become incapable of reasonably beneficial use in its existing state and cannot
be rendered incapable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the planning
authority a purchase notice requiring the purchase of his interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.
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70

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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant MS
Woodside 
Appendix 5  3f
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Page 1 of 5
Floor 6, Council Offices Almada Street Hamilton ML3 0AA  Tel: 0303 123 1015  Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100720508-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Gainford Planning
Neil
Gainford
Woodlands Drive
8
ML11 9FS
United Kingdom
Lanark
3f
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
BOGHALL FARM
M ke
South Lanarkshire Council
Woodside
BOGHALL ROAD
Boghall Road
Boghall Farm
BIGGAR
ML12 6JJ
ML12 6JJ
United Kingdom
637089
Biggar
303856
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unl kely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erection of Dwellinghouse (Accommodation for Farm Worker)
See attached Statement of Case
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Statement of Case
P24/1305
11/07/2025
24/10/2024
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Neil Gainford
Declaration Date: 25/07/2025
Payment Details
Online payment: 
Payment date: 25/07/2025 15:05:00
Created: 25/07/2025 15:05
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Page 1: Grounds of Appeal P/24/1305 Boghall Farm Biggar
Section 43A(8) of the Town and Country Planning (Scotland) Act 1997Regulation 9 of the Town and Country Planning (Schemes of
Delegation and Local Procedure) Scotland Regulations 2013: Review Boghall Farm, Biggar 
Notice of Review of the Decision  
By South Lanarkshire Council to Refuse Detailed Planning
Permission in Respect of Planning Application Ref:
P/24/1305 
APPELLANT’S STATEMENT OF CASE 
Above: Review Site at Boghall Farm 
Erection of Dwellinghouse (Accommodation for Farm Worker) 
At Boghall Farm, Boghall Road, 
Biggar ML12 6JJ 
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Page 2: Grounds of Appeal P/24/1305 Boghall Farm Biggar
Section 43A(8) of the Town and Country Planning (Scotland) Act 1997Regulation 9 of the Town and Country Planning (Schemes of
Delegation and Local Procedure) Scotland Regulations 2013: Review Boghall Farm, Biggar 
CONTENTS 
1. Introduction 
2. Preliminary Matters 
KEY ISSUE FOR THE PLRB 
• The Planners’ Decision was UNLAWFUL 
• Any Decision by the PLRB to Uphold the Planners’ Decision would also be
UNLAWFUL and would be Open to Judicial Review by the Court of
Session 
3. Grounds of Appeal to the Planning Local Review Body  
SIGNIFICANT ISSUE FOR THE PLRB
• Council Officers’ failure to consider all relevant policies constitutes
“unreasonable behaviour” on behalf of the Council and could also render the
decision UNLAWFUL 
• Council Officers’ failure to consider relevant material considerations
including recent decisions by the Planning Committee results in
INCONSISTENT decision-making 
Appellant’s Grounds of Appeal   
Reason No.1:  Policy 4 of SLLDP2 
Reason No. 2: Policy 5, and Policy GBRA1 of SLLDP2 
Reason No. 3: Policy GBRA10 of SLLDP2 
Reason No. 4:  Policy 14 of NPF4 
Reason No. 5: Policy 16 of NPF4 
Reason No. 6: Policy 17 of NPF4 
4. Summary 
The Planning Officer’s Decision is: 
• Unlawful
• Unsound
• Unreasonable
• Unjustified
• Inconsistent      
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Page 3: Grounds of Appeal P/24/1305 Boghall Farm Biggar
Section 43A(8) of the Town and Country Planning (Scotland) Act 1997Regulation 9 of the Town and Country Planning (Schemes of
Delegation and Local Procedure) Scotland Regulations 2013: Review Boghall Farm, Biggar 
1.0 INTRODUCTION
Background to the Application
1.1 The appellants, Mike and Julie Woodside have farmed Boghall Farm for the last
27 years. In anticipation of their retirement, they wish to make arrangements
for their son to take over the management of the farm. 
1.2 Mike and Julie’s son, Greg, lives remote from the farm with his first child
expected in December this year. There is no suitable accommodation on the
farm, which could accommodate Greg’s growing family. The proposed house
would enable Greg to live on-site and manage the future operation of the farm
when his father retires. 
1.3 The planning officer’s Delegated Report makes no reference to key facts
relevant to this proposal. Rather than rehearse the full details relevant to this
Review, the appellants invite Members of the PLRB to note in particular the
following specific facts which are omitted from the officer’s Delegated Report. 
• The justification for the proposal is contained in a Supporting Statement
which was lodged with the application. The Delegated Report makes no
reference to the matters contained in the Supporting Statement. The
Supporting Statement in turn refers to a Labour Requirement Report
prepared by Scottish Agricultural College Consulting (SAC) in 2024.
Council officers have been in possession of the SAC Report since 2024. 
• The SAC Report confirms that the proposed house is not intended for
occupation by a general farm worker or casual worker as implied in the
Delegated Report, but would be occupied by the appellant’s son Greg
as part of the succession arrangements for the future management of
Boghall Farm. 
• The SAC Report confirms that there is a specific locational requirement
for accommodation on site, and it is “crucial” in the interests of animal
welfare, health and safety and biosecurity that, Greg resides on site to
be able to deal quickly and efficiently with any risks which may arise to
both the public and to the cattle. 
• The Labour Requirement Report confirms that the operation of the farm
justifies in excess of 3 full-time job equivalents. Therefore, when Mike
retires and Greg takes responsibility for the farm management, the
effective operation of the farm will still justify an additional 2 full-time
workers. Whereas Greg requires to live on the farm, the appellants
accept that the additional workers could be accommodated elsewhere.  
• Discussions with Council planners regarding the succession
arrangements for Boghall Farm have not been solely restricted to the
Review proposal. Discussions commenced and have been ongoing
since 22nd March 2023. Planning Application P/23/0536 sought approval
for an alternative proposal for the redevelopment of a former steading
within the unit at Moss Side. The application was withdrawn by the
applicant following advice from Council planning officials.   
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Page 4: Grounds of Appeal P/24/1305 Boghall Farm Biggar
Section 43A(8) of the Town and Country Planning (Scotland) Act 1997Regulation 9 of the Town and Country Planning (Schemes of
Delegation and Local Procedure) Scotland Regulations 2013: Review Boghall Farm, Biggar 
2.0  PRELIMINARY MATTERS 
2.1 A Planning Decision Notice is a formal document which conveys the decision
of the planning authority. The matters to be included in a Decision Notice are
specified under Section 37 of the Town and Country Planning (Scotland) Act
1997. 
2.2 Section 37(2A) of the 1997 Act requires that the notice of the planning
authority's decision on an application must include a statement: 
“as to whether the authority consider that the application is for a 
development that is in accordance with the development plan for the time 
being applicable to the area to which the application relates, together 
with an explanation of why the authority have reached that view”. 
2.3 The Decision Notice on Application P/24/1305 includes a space for the
Statement as required by Section 37(2A), but as can be seen shaded yellow in
the image of Page 2 (below), the Decision Notice is silent on (i) whether the
application is in accordance with the development plan, and no explanation is
provided as to (ii) why the authority consider the application to be contrary to
the development plan. 
The Decision Notice is Silent on the Reasons for the Decision 
2.4 The Council’s failure to comply with the statutory requirements of the 1997 Act
renders the decision unlawful.
THE PLANNERS’ DECISION ON  P/24/1305  IS UNLAWFUL
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Page 5: Grounds of Appeal P/24/1305 Boghall Farm Biggar
Section 43A(8) of the Town and Country Planning (Scotland) Act 1997Regulation 9 of the Town and Country Planning (Schemes of
Delegation and Local Procedure) Scotland Regulations 2013: Review Boghall Farm, Biggar 
2.5  The Planning etc (Scotland) Act 2006 introduced a scheme of delegation under
which decisions on certain types of planning application are delegated to
officers. The Town and Country Planning (Schemes of Delegation and Local
Review Procedure) (Scotland) Regulations 2013 sets out detailed day to day
operation of the scheme. 
2.6 Application P/24/1305 was a “local development” and therefore fell to be
determined by officials. The Executive Director (Community and Enterprise) is
authorised to discharge the Council’s Planning function in terms of section
43A of the Town and Country Planning (Scotland) Act 1997 as amended by the
Planning etc (Scotland) Act 2006, and the Planning (Scotland) Act 2019. 
2.7 Once issued, a planning decision notice cannot be withdrawn or replaced and
its content cannot be altered other than through statutory procedures or by
judicial review. The Council is held to be “functus officio”. In other words, the
Council through the officer’s action has fully discharged its primary duty in
relation to application P/24/1305. 
2.8 This submission to the PLRB offers the Council the opportunity to reconsider
the planning officer’s decision in the light of all facts relevant to the decision. 
3.0  GROUNDS OF APPEAL TO THE PLANNING LOCAL
REVIEW BODY
3.1 The unlawful decision on P/24/1305 ought to be enough to guide the PLRB’s
decision on this Planning Review. In the event of need for any further
examination, the following submissions and responses to the specific reasons
for refusal may further assist the PLRB in reaching a considered decision on
this Review. 
3.2 The officer’s Delegated Report on P/24/1305 disregards, or misrepresents,
adopted development plan policy considerations in respect of 3 policies
relevant to the determination of the proposal. These policies are: 
• NPF4 Policy 17(c)……………‘New Homes in Remote Rural Areas’
• NPF4 Policy 17(a)(vi) ……… ‘Single home for the retirement                          
succession of a viable farm holding’; and
• SLLDP2 Policy GBRA7……..‘Small Scale Settlement Expansion’ 
3.3 The Planning Act requires that planning applications are determined in
accordance with development plan policy. The development plan must be
interpreted for its full terms. Scottish Government Circular 6/1990 clarifies that
it is unreasonable behaviour on the part of a planning authority to: (i) fail to take
account of Government policy; (ii) fail to give complete, precise and relevant
THE PLANNERS’ DECISION IS BINDING ON THE COUNCIL UNDER
THE TERMS OF THE SCHEME OF DELEGATION
THE DELEGATED REPORT FAILS TO CONSIDER RELEVANT
ADOPTED DEVELOPMENT PLAN POLICY 
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reasons for refusal; and (iii) fail to take account of adopted development plan
policy. The officers’ decision on P/24/1305 fails in respect of all three tests.   
NPF4 Remote Rural Area  (Deeper Shade of Green) 
3.4 The planning officers’ report fails to recognise that the site is located within the
designated Remote Rural Area. Policy 17(c) of NPF4 states that 
Development proposals for new homes in remote rural areas will be supported
where the proposal: 
(i)   supports and sustains existing fragile communities; 
(ii)  supports identified local housing outcomes; and 
(iii) is suitable in terms of location, access, and environmental impact. 
THE REVIEW SITE IS IN THE REMOTE RURAL AREA WHERE NPF4
POLICY 17(c) IS SUPPORTIVE OF DEVELOPMENT 
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3.5 Policy 17(a)(v) of NPF4 states that development in Rural Areas will be
supported where the development is suitably scaled, sited and designed and is
for a single home for the retirement succession of a viable farm holding. The
proposal is for a single dwelling associated with the succession arrangements
for Boghall Farm. 
3.6 The Delegated Report accepts (in paragraph 3.5 of the officers’ report) that
Boghall Farm is a viable farm unit. The report accepts that the siting of the
proposal is coterminous with the built-up area (paragraph 1.1 officers’ report).
The only design issue raised in the officers’ report relates to the use of “smooth
white render”. The appellant’s response to this issue is addressed in
Paragraphs 3.13 – 3.16 below. 
3.7 Policy GBRA7 of the adopted South Lanarkshire Local Development Plan 2
(SLLDP2) was relevant to the determination of P/24/1305, but was not taken
into account in the decision. This omission also represents unreasonable
behaviour on the part of the Council. 
3.8 Members of the Planning Committee will recall Application P/22/0819 at
Rowhead Farm Biggar, which was considered at Committee on 24 January
2023. The application was recommended for refusal, but the Committee
overturned the recommendation and granted permission for 2 houses. There
was no agricultural justification for either house at Rowhead Farm. In his report,
on Rowhead Farm, the planning officer stated: ”…the key policies associated
with this proposal are Policy 4 (Green Belt and Rural Area) and Policy GBRA7
(Small Scale Settlement Extensions)”. 
3.9 The Review proposal and Application P/22/0819 are similar. Both sites directly
adjoin the built-up area of Biggar and Policy GBRA7 is relevant to both. In the
interests of consistent decision-making, the Rowhead Farm decision is material
in the determination of the Review proposal. However the officer’s report on the
review proposal fails to make no reference either to Policy GBRA7, or to the
Committee’s decision on the related application at Rowhead Farm. 
Planning Officer’s Refusal Reason No.1  Decision Notice P/24/1305)
“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” 
THE DELEGATED REPORT FAILS TO ACKNOWLEDGE THAT THE
PROPOSAL IS CONSISTENT WITH NPF4 POLICY 17 (a) (v) 
THE PLANNERS FAILED TO CONSIDER POLICY GBRA7 OF SLLDP2
WHICH SUPPORTS HOUSING ON THE EDGE OF COMMUNITIES
Planning Authorities do not live in the world of Humpty Dumpty: they
cannot make the development plan mean whatever they would like it
to mean”  Lord Brailsford (Tesco Stores v Dundee City Council)
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RESPONSE TO REFUSAL REASON No. 1  
3.10  Paragraph 3.10 of the Delegated Report explains that Refusal Reason No.1 
is justified under Policy 4 of SLLDP2 insofar as “it has not been established 
that there is a specific locational requirement” for the development.  This 
statement misrepresents Policy 4 in two respects. 
3.11  Firstly, the Council statement disregards the findings of the SAC Labour 
Requirement Report. No evidence is presented by the Council to suggest that 
the planning officer who made this judgement is better qualified in agricultural 
matters than the authors of the SAC Report who confirm that there is a need 
for a full-time management presence at the farm. 
Above: Extract From Supporting Statement Submitted with P/24/1305 
Note References to: (1) Succession Management     
(2) SAC Labour Requirement Report     
(3) Labour Requirement of 3.19 Labour Units     
(4) It is “Crucial” for Greg Woodside to live on-site     
(5) AirBnB is essential to Farm Diversification
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3.12  Secondly, Policy 4 of SLLDP2 as adopted by South Lanarkshire Council 
contains no reference to the need for a “specific locational requirement”. The 
wording of Policy 4 is reproduced below. It can be seen that the policy makes 
no reference to “specific locational requirement”. This phrase is a “Humpty 
Dumpty” planners’ interpretation of Council policy to justify the planners’ 
decision. 
RESPONSE TO REFUSAL REASON No.2 
3.13 Refusal Reason No. 2 states that the proposal is contrary to Policy 5 and Policy
GBRA1 of SLLDP2. The test of acceptability of proposals under each policy is
the extent to which any proposal has an “unacceptable adverse impact” on
amenity. 
3.14 Refusal Reason No. 2 fails to identify in what way the proposal has an
unacceptable effect on amenity. The wording of the refusal reason implies
through the use of the words “exacerbate” and “further erosion” that a loss of
amenity already exists, but no clarification is provided to explain in what way
the proposal makes the impact adversely unacceptable. 
Above: The Design of the Review Proposal at Boghall Farm Considered “Inappropriate” by Council Planners
Planning Officer’s Refusal Reason No. 2 Decision Notice P/24/1305
“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.”
Policy 4 Green Belt and Rural Area
Rural Area
Within the Rural Area the Council seeks 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 high environmental quality that will
support the needs of communities.
Green Belt and Rural Area
Both the Green Belt and the Rural Area function primarily for agriculture, forestry,
recreation and other uses appropriate to the countryside. Development which
does not require to locate in the countryside will be expected to be
accommodated within the settlements identified on the proposals map. Isolated
and sporadic development will not be supported. 
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Above: White Finished Buildings in Biggar Conservation Area 
Top Left: Brownlies and The Crown Inn                                        Top Right: Atkinson Pryce 
Mid Left: Fleming Arms and The Elphinstone                                Mid Right: Townhead Bakery    
Bottom Left: The Barony                Bottom Right: Cross Keys 
RESPONSE TO REFUSAL REASON No. 3 
THE PLANNERS REFUSAL OF APPLICATION P/24/1305 CLAIMS
THAT WHITE BUILDINGS HAVE AN “UNACCEPTABLE ADVERSE
IMPACT” ON THE CHARACTER AND AMENITY OF BIGGAR
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3.15 Refusal Reason No. 3 clarifies that the proposal at Boghall Farm was rejected
by Council planners because the proposed white render finish to the outside
walls was unacceptable. The Delegated Report acknowledges that the roof
would be clad in slate , but comments that “the external walls are to be
finished in smooth white render which does not reflect the characteristics of
the neighbouring farmhouse, or the traditional properties within Biggar”. 
3.16 The author of the Delegated Report may have been unaware that many of the
nearby traditional villas and cottages in Station Road, including the18 houses
at Ballgreen Road are finished in white render, and that a white rendered or
whitewashed finish is characteristic of some of the most prominent buildings
in Biggar Conservation Area (illustrated above). It is respectfully submitted
that it is the lack of  uniformity and the contrast between white and natural
stone finish which is one of the key characteristics of Biggar Conservation
Area. 
3.17 Refusal Reason No. 3 proceeds to assert that there are other properties
within the farm which could be used to provide additional farm worker
accommodation. This statement is not substantiated by any evidence on the
part of the planning officer. 
3.18 The steading at Boghall Farm is tightly developed with modern steel portal
frame buildings directly abutting the traditional stone outbuildings. The old
buildings are lacking in foundations and lack a damp proof course. They
would be incapable economically of conversion to modern standards without
total demolition and re-build. Even in the event that conversion would be
feasible, the need to achieve modern-day space standards, amenity space
and daylighting and sunlighting standards would necessitate most of the
existing farm sheds being demolished, in which circumstance the farm would
no longer be functional. 
RESPONSE TO REFUSAL REASON No.4 
3.19 The Scottish Government expect that the planning system in Scotland should
operate fairly, transparently and consistently. A fair and transparent planning
system means that the reasons for refusal must be policy-based, intelligible
and sufficient for the applicant to fully understand the grounds for the
decision. It is not enough for a planning decision merely to refer to a failure to
comply with the generality of planning policy. The reasons must be precise. 
3.20 The test which this Review presents to members of the PLRB is the extent to
which members are aware of the 6 Qualities of Successful Places, and the
extent to which the wording of Refusal Reason No. 4 clarifies in which way the
Review Proposal offends any or all of the Qualities of Successful Places. 
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3.21 It can safely be assumed that if elected members serving on the PLRB are
unclear as to the meaning of Refusal Reason 4, then any member of the
general public will be equally unclear. The refusal reason is clearly bad, and
fails the test of reasonableness. 
3.22 Consistency in decision making is also at the heart of the Scottish
Government’s expectations for the planning system. Similar cases under
similar circumstances must be considered in a similar manner. Such previous 
decisions are material considerations to be weighed up in the planning
balance. 
3.23 Paragraph 3.15 of the Delegated Report states there are no material
considerations which outweigh the officers’ decision. This statement
disregards the decision of the Planning Committee on 24th January 2023 to
approve the construction of 2 houses on a site on the edge of Biggar at
Rowhead Farm. This decision is material to the determination of this Review,
but was not taken into account in the officers’ delegated decision. 
3.24 The Rowhead Farm decision is significant in several respects. Firstly, the
Planning Committee overturned the planning officers’ recommendation to
refuse the proposal; secondly, the Rowhead Farm proposal had no
agricultural justification; and thirdly, the buildings proposed at Rowhead Farm
were proposed to be finished in smooth white render. The 2 houses have now
been completed with smooth white render and are occupied as shown below. 
White Rendered Houses at Rowhead Farm, Biggar as Approved by the Planning Committee    
THE PLANNERS REFUSAL OF APPLICATION P/24/1305 IS
INCONSISTENT WITH THE DECISION OF THE PLANNING COMMITTEE
ON 24th JANUARY 2023 TO APPROVE 2 HOUSES AT ROWHEAD
FARM,  BIGGAR (APPLICATION REF: P/22/0819)
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RESPONSE TO REFUSAL REASON No.5   
3.25  Refusal Reason No. 5 is also bad. Circular 6/1990 states that failure to give
complete, precise, and relevant reasons for refusal of an application 
represents “unreasonable behaviour”. The planning authority must be able to 
support its reasons for refusal and they will be expected to show that they 
have reasonable planning grounds for their decision. Reason No. 5 merely 
refers to Policy 16 of NPF4 but fails to explain in what way the proposal 
offends Policy 16. In the event of a claim for an award of expenses the 
Council would likely be found liable for an award of expenses for 
unreasonable behaviour. 
RESPONSE TO REFUSAL REASON No.6 
3.26 Refusal Reason No.6 is a denial of the facts as presented in Application
P/24/1305 for consideration by the Council. The Supporting Statement
submitted with the planning application and the Labour Requirement Report
prepared by SAC Consulting, both clarify that the application is made in
connection with the succession arrangements for the management of Boghall
Farm, with the retiral of Mike Woodside. The SAC Report and the Supporting
Statement both state that it is crucial that Greg Woodside lives on the farm to
manage the farm operation. 
3.27 The Refusal Reason states that it has not been demonstrated that it is
essential for an “additional farm worker” to live permanently on the farm.  This
statement suggests that the Council do not recognise NPF4 Policy 17(a)(vi)
which states: 
“Development proposals for new homes in rural areas will be supported where
the development is suitably scaled, sited and designed to be in keeping with
the character of the area and the development” 
(vi) is for a single home for the retirement succession of a viable farm holding; 
3.28 With Mike Woodside’s retiral, a refusal of planning permission would result in
none of the 3 necessary farm workers living permanently on the farm. The
reference in the refusal reason to an “additional worker” is not explained. The
implication in the wording suggests that Mike Woodside is not entitled to
retire. This wording is unreasonable and is contrary to Scottish Government
policy.
Planning Officer’s Refusal Reason No. 5
“The  proposal would be contrary to Policy 16 - Quality Homes of National
Planning Framework 4 as the proposal is not consistent with the policy on
rural homes.
Planning Officer’s Refusal Reason No.6 
“The proposal would be contrary to Policy 17 - Rural homes of National
Planning Framework 4 as it has not been demonstrated that it is essential
for an additional farm worker to be live permanently on the farm. 
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4.0  SUMMARY
4.1 It is respectfully submitted that the planning officers’ decision in respect of
Application P/24/1305 is bad, and ought to be reversed by the Planning Local
Review Board (PLRB). 
4.2 The reasons on which members of the PLRB are invited to reject the planning
officer’s decision are various, as detailed in the above report. In reaching a
decision on this Review, members of the PLRB are invited to consider and to
determine, the extent to which the terms of the planning officers’ refusal of
Application P/24/1305 are considered to be: 
(a) Lawful
(b) Reasonable
(c) Substantiated
(d) Precise; and
(e) Consistent. 
4.3 On behalf of the appellants it is submitted that the planning officers’ decision 
on Application P/24/1305 fails in various respects to satisfy any of these tests, 
and also fails to satisfy any of South Lanarkshire Council’s, and the Scottish 
Government’s objectives for Rural Development. 
4,4 For these reasons, the PLRB is urged to reverse the planning officers’ decision 
and to grant planning permission for this proposal. 
Gainford Planning 
25 July 2025   
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Supporting Statement
Proposed Construction of Dwelling House
and Domestic Garage in Connection
with the Succession Management
of Boghall Farm, Biggar
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Boghall Farm (Viewed from Boghall Road) 
PREFACE
(i) This Design Statement is submitted in support of the application lodged with South Lanarkshire Council by Burrell Design Studio on behalf of the
applicants Mike and Julie Woodside.  The planning application seeks approval for the construction of a detached dwelling house in association
with the applicant’s established farm enterprise at Boghall Farm. 
(ii) The following Statement sets out a description of the site and its surroundings, clarifies the nature of the proposal and explains the ways in which
the proposal is supported by existing local and national and local planning policy. The Statement also addresses the implications of NPF4 on the
proposal. 
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CONTENTS 
1. Introduction
2 Location
3. Application Site
4.  Background  
5. The Proposal
6. Locational Justification
7. National Planning Policy
8.  Local Planning Policy
9. Conclusion 
Boghall Farm (1896)      
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1.0  INTRODUCTION  
1.1 The following Statement is made in support of the
application for planning permission submitted to South
Lanarkshire Council by Burrell Design Studio on behalf of
the applicants Mike and Julie Woodside   
1.2 This Design and Access Statement should be read in
conjunction with the associated detailed plans and
drawings which comprise the planning application
submission. 
1.3 A design and access statement is a written statement
about the design principles and concepts that have been
applied to the development and which explains the policy
or approach adopted as to design and how any policies
relating to design in the development plan have been
taken into account; 
1.4 The Statement, which explains the background to, and the
nature of, the proposal, has been prepared in the context
of the good practice guidance outlined in the CABE
publication “Design and Access Statements”. 
1.5 This approach reflects Scottish Government policy as set
out in “Creating Places”, in PAN 68 ‘Design Statements’,
and as required by Regulation 3 of Circular 3/2022
(paragraphs 3.18 – 3.39). 
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Location of Application Site Shown with a Red Dot
2.0 LOCATION  
2.1 The application site is located at Boghall Farm,
Boghall Road, Biggar, ML12 6JJ. 
2.2 The geographic references for the centre of the site
are: 
OS Grid Ref:  NT 03848 37025 
Easting:  303848
Northing: 637025 
Latitude:    55.617276
Longitude: -3.5282287 
2.3 The QR Code for the location of the application site
is shown below. 
What3Words: onions.cabs.racked 
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3.0 THE APPLICATION SITE
3.1 The application site extends to some 1800 sq, metres, or thereby, in
area and occupies part of the frontage of a paddock situated
immediately to the south of the farmstead at Boghall Farm. 
3.2 The paddock is bounded in part by a dry stane dyke with an internal
post and wire fence. The application site is of limited agricultural value
and previously has been used for temporary pens and storage. 
Relationship of Application Site to the Steading 
3.3 A large shed, with approximately 900 sq metres floorspace is situated
immediately to the north of the application site. A Permastore slurry
tank is located in an adjoining paddock to the east of the application
site. 
3.4 A 33Kv overhead transmission line flanks the south-eastern corner of
the application site, beyond which are the principal fields which
comprise Boghall Farm. 
3.5 The farm steading adjoins the 16 house development at Castle Yett
and Rathmore Road, which falls within the settlement boundary. The
farmstead and the application site adjoin the built-up area but are
outwith the boundary of Biggar as shown on the development plan. 
3.6 The application site is situated 540 metres from the bottom of the
High Street, and approximately 1.0 km from the Corn Exchange. 
Former Activities Within Application Site
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Boghall Farm    
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4.0 BACKGROUND 
4.1 Boghall Farm Biggar is presently
operated by a partnership comprising
Mike and Julie Woodside. Mike and Julie
have farmed Boghall for 27 years since
acquiring the farm in 1997. 
4.2 The farm extends to 80 hectares of
permanent grassland with an additional
40 hectares of seasonal land for silage
and cropping. The farm operates as a
beef finishing unit typically carrying
around 350 cattle at any one time with
approximately 250 cattle being finished
each year. 
4.3 Mike Woodside works and manages
most of the farm operation, with
assistance as necessary from Julie.
Outside contractors are employed for
seeding and harvesting arable crops. 
4.4 Mike is approaching the stage in his
career when he needs to anticipate and
plan for the succession arrangement for
the management and operation of
Boghall Farm. 
4.5 Mike and Julie both actively form part of
the Biggar community and could not
contemplate a future away from Biggar
or from the land they have managed for
the last 27 years. However, they
recognise that there is a pressing need to
anticipate and to plan for the continuing
operation of the family business. 
4.6 Greg Woodside, Mike and Julie’s son, will
assume responsibility for the future
management and operation of the farm. 
4.7 At present Greg lives and works remotely
from Boghall Farm, but it is recognised
with each passing year up to his parents’
retirement, that he will require to play an
increasing role in helping to run the farm. 
4.8 In order to establish the labour
requirement for Boghall Farm, Mike and
Julie commissioned the Scottish
Agricultural College (SAC Consulting) to
undertake a labour requirement report
based on the current operation of the
farm, and also in respect of the labour
requirement required by future changes. 
4.9 The report was completed in June 2024.
Full details of the findings are included in
the separate SAC report. 
4.10 The SAC report concludes that the safe
and efficient operation of the farm
presently justifies 3.19 labour units. The
planned future farm operation would
increase the labour requirement to 3.89
labour units 
4.11 The SAC report confirms that it is “crucial”
having regard to health and welfare for
Greg to be resident at Boghall Farm. 
4.12 Farm income at Boghall is augmented by
letting an Airbnb unit on site as part of
farm diversification. The SAC report
recognises the necessity for this unit to
continue as part of the farm’s finances. 
4.13 In summary, the SAC report fully supports
the need for separate accommodation to
allow Greg to contribute to the ongoing
operation of Boghall Farm.
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5.0 THE PROPOSAL             
5.1 The house as proposed is one-and-a-half
storeys in height and contains ground
floor accommodation comprising open-
plan kitchen dining room lounge and
snug, games room, separate living room,
study, utility room and shower room/WC.
The first-floor accommodation comprises
three bedrooms and a central gallery. 
5.2 The design is modelled on the principles
and proportions typical of Scottish rural
domestic architecture, interpreted to
reflect present-day building standards
within a contemporary design theme. 
5.3 The roof and dormers are pitched at a
traditional angle of 45 degrees and the
walls are proposed to be finished with dry
dash rendering. The roofing material as
proposed is Marley Edgemere roof tiles. 
Timber cladding is proposed for infill
panels. 
5.4 A detached treble garage is proposed
within the grounds and a games room is
linked to the main accommodation with
a timber clad lobby.  The garage is
finished in materials to match the finishes
on the house and also has a 45 degree
roof pitch.      
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Site Section and Side Elevations         
6.0 LOCATIONAL JUSTIFICATION             
6.1 The accompanying application proposes
the construction of a dwelling house
necessary to support the sustainable
operation of the farm business operated
from Boghall Farm by Mike and Julie
Woodside.. 
6.2 Other than the general “expectation” that
development proposals should be
accommodated within identified
settlements (Policy 4 of SLLDP2), there is
no local development plan requirement
for proposals to be supported by a
locational justification. 
6.3 The applicant understands nonetheless
that it may be useful, by way of
explanation, to account for the purpose
and location of the proposal. 
Established Farm Unit
6.4 The applicants have operated Boghall
Farm for 27 years.  The family now need
to make arrangements for Greg to take
responsibility for the management and
day-to-day running of the farm. 
Relationship to Fields and Steading
6.5 The existing Airbnb is essential to the
economic viability of the farm. Neither
the existing farmhouse nor the Airbnb
provide any passive supervision of the
grassland situated to the south of the
farm steading.  Therefore, neither option
meets the requirement for stock
supervision or security. 
On Public Road
6.6 In terms of access to public services, the
application site fronts Boghall Road
which contains all necessary utilities and
is adopted for maintenance by South
Lanarkshire Council. Space exists within
the site to provide for amenity garden
lands and to meet full parking and
manoeuvring standards avoiding any
overspill on to the public road.  
Neither Isolated nor Sporadic
6.7 The site is well-related to the existing
farmhouse and steading at Boghall, and
could not be considered to be either
isolated or sporadic. 
Topography
6.8 The site is flat and no abnormal costs will
be attracted by any requirement for
levelling or underbuilding. 
Landscape Integration
6.9 There is adequate scope within the site to
establish and consolidate a strong
landscape edge. Proposed planting will
integrate the development into the
building group and enhance biodiversity.
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7.0 NATIONAL PLANNING POLICY
7.1 The national framework for rural
development in Scotland is set out in the
Scottish National Planning Framework 4
(NPF4) which was adopted and published
on 13 February 2023. NPF4 replaced
NPF3 and SPP 2014, and now forms part
of the statutory development plan. 
7.2 Prior to the adoption of the next South
Lanarkshire LDP, NPF4 and SLLDP2 will
together comprise the statutory
development. The policies of both plans
will continue to have effect over this
period. 
National Planning Framework 4
7.3 The Scottish Government is committed to
enable more people to live and work rural
areas. Rural policy as set out in NPF4
pledges to revitalise rural Scotland
through a policy commitment which aims
to: 
►enable more balanced demographic
change including sustainable rural
development (Page 10) 
►Support the efficient use of resources
that will allow people to live, play, work
and stay in their area (Page 50) 
►encourage development that will
contribute to rural economies and
communities (Page 18) 
►encourage, promote and facilitate the
reuse of brownfield, vacant and derelict
land and empty buildings, and to help
reduce the need for greenfield
development (Page 50) 
► encourage, promote and facilitate well
designed development that makes
successful places by taking a design-led
approach (Page 59) 
►encourage, promote and facilitate
development that improves health and
wellbeing (Page 76) 
7.4 The accompanying proposal is supported
by all of these overarching national aims. 
7.5 NPF4 must be read and applied as a
whole (33 policies). In practical terms the
key policies relevant to this proposal are 
Policy 14 (Design, quality and place),
Policy 15 (Local Living), Policy 17 (Rural
homes), and Policy 29 (Rural
development). 
Policy 14
Development proposals will be designed
to improve the quality of an area
whether in urban or rural locations and
regardless of scale.
Development proposals will be
supported where they are consistent
with the six qualities of successful
places:- Healthy: Supporting the
prioritisation of women’s safety and
improving health.- Pleasant: Supporting
attractive natural and built spaces.-
Connected: Supporting well connected
networks that make moving around easy
and reduce car dependency- Distinctive:
Supporting attention to detail of local
architectural styles and natural
landscapes to be interpreted, literally or
creatively, into designs to reinforce
identity.- Sustainable: Supporting the
efficient use of resources that will allow
people to live, play, work and stay in
their area, ensuring climate resilience,
and integrating nature positive,
biodiversity solutions.- Adaptable:
Supporting commitment to investing in
the long-term value of buildings, streets
and spaces 
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Design, Quality and Place 
7.6 Policy 14 aims to encourage, promote
and facilitate well designed
development that makes successful
places by taking a design-led approach
and applying the ‘Place Principle’. The 
proposed development will help to
promote NPF4 by delivering quality
new development which is healthy,
pleasant, distinctive, connected,
sustainable and adaptable. 
7.7 Policy 15 aims to encourage, promote
the Place Principle and create connected
and compact neighbourhoods where
people can meet most of their daily
needs within a reasonable distance of
their home by walking. wheeling or
cycling or using sustainable transport. 
Rural Homes 
7.8 Policy 17 aims to encourage, promote
and facilitate the delivery of more high
quality, affordable and sustainable rural
homes in the right locations. 
7.9  This policy is directed towards providing
homes that support sustainable rural
communities and are linked with service
provision, and which maintain and
safeguard the distinctive character, sense
of place and natural and cultural assets. 
7.10 Development proposals for new homes
in rural areas must consider how the
development will contribute towards
local living and take into account
identified local housing needs (including
affordable housing), economic
considerations and the transport needs
of the development as appropriate for
the rural location. 
7.11 Boghall is a viable farm holding. The
proposal is for a single house to provide
on-site accommodation for key
personnel responsible for the operation
and future management of the farm. 
7.12 The house as proposed is suitably scaled,
suitably sited and is designed to be in
keeping with the character of the  area. In
all respects, the proposal satisfies the
criteria for rural housing as contained in
NPF4. 
Policy 17a
Development proposals for new homes
in rural areas will be supported where
the development is suitably scaled,
sited and designed to be in keeping
with the character of the area. 
Exceptions to the general presumption
against development proposals in rural
areas may be allowed where the
proposal is for a single house for the
retirement succession of a viable
farm holding Policy 15
Development proposals will contribute to
local living including, where relevant, 20
minute neighbourhoods.  The existing
settlement pattern, and the level and quality
of interconnectivity of the proposed
development with the surrounding area,
including local access to:• sustainable modes
of transport including local public transport
and safe, high quality walking, wheeling and
cycling networks;• shopping employment;•
health and social care facilities;• childcare,
schools and lifelong learning opportunities;•
playgrounds and informal play opportunities,
parks, green streets and spaces, community
gardens, opportunities for food growth and
allotments, sport and recreation facilities;•
publicly accessible toilets;• affordable and
accessible housing options, ability to age in
place and housing diversity   
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Policy 29 
Rural Development 
7.13 Policy 29 supports the twin aims of
supporting sustainable and vibrant rural
communities, and maintaining a
balanced and sustainable rural
population 
7.14 The policy aims to encourage rural
economic activity, innovation and
diversification whilst ensuring that
distinctive character of the rural area and
the service function of small towns and
communities, natural assets and cultural
heritage are safeguarded and enhanced. 
7.15 Farming is a key rural activity and is
supported by Policy 29 of NPF4 which
aims to deliver the Government’s
commitment to revitalise rural Scotland
by encouraging rural  development in
rural areas, and by recognising the need
to grow and sustain rural communities. 
7.16 The accompanying planning application
attracts considerable weight from Policy
29, particularly in that it supports both
the economic value of food from our own
resources, and also plays a significant
role in supporting rural communities and
the services and resources on which rural
communities depend. 
Cllr Ross Gowland SLC Good Food Champion 
8.0 LOCAL DEVELOPMENT PLAN
8.1 The local development plan is the South
Lanarkshire Local Development Plan 2 as
adopted by South Lanarkshire Council on
9th April 2021. 
8.2 The key policies of the Plan most relevant
to this proposal are:
• Policy 4: Green Belt and Rural Area
• Policy 5 Development Management
• Policy GBRA10: Accommodation
Associated with an Existing or
Proposed Rural Business 
POLICY 4 GREEN BELT & RURAL AREA
8.3 Policy 4 seeks to achieve 3 main aims:   
(i) to direct development to the locations
which best support regeneration; 
(ii) to protect the character and identity
of settlements; and 
(iii) to protect and provide access to open
space. 
Policy 29b
Development proposals in rural areas
should be suitably scaled, sited and
designed to be in keeping with the
character of the area. They should also
consider how the development will
contribute towards local living and take into
account the transport needs of the
development as appropriate for the rural
location.
Development proposals in remote rural
areas, where new development can often
help to sustain fragile communities, will be
supported where the proposal: (i) will
support local employment;(ii) supports and
sustains existing communities, for example
through provision of digital infrastructure;
and (iii). is suitable in terms of location,
access, siting, design and environmental
impact. 
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8.4 The accompanying planning application
raises no issue with any of the aims of
Policy 4. 
POLICY 5 DEVELOPMENT MANAGEMENT
8.5 Policy 5 aims to ensure that proposals
are well-designed and integrated with
the local area. The proposal has been
designed to integrate with the adjoining
development and reflect the character of
the area. No conflict arises with Policy 5. 
8.6 Policy GBRA2 supports diversification
and growth of the rural economy where
it protects the distinctive character of the
area, the service function of small towns
and villages, and the natural and cultural
heritage. SLLDP2 Policy GBRA2 is fully
supportive of the proposal 
8.7 Policy GBRA10 translates to the local
level the national planning policy
direction contained in NPF4 which aims
to regenerate Scotland’s rural economy
and contribute to rural revitalisation
Policy GBRA10 is fully supportive of the
proposal.
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9.0   CONCLUSION 
9.1 Section 25 of the 1997 Act requires that
planning decisions are made in
accordance with the development plan
unless material considerations indicate
otherwise. 
9.2 In assessing the planning application to
which this Statement relates, regard must
be paid in the first instance to SLLDP2
and to NPF4 which together comprise the
statutory development plan. Both plans
must be considered and applied for their
full terms, unless incompatibility arises. 
9.3 There is no incompatibility in respect of
adopted planning policy in respect of
retirement succession arrangements for
farmers. Policy17 of NPF4 clarifies
beyond doubt, the support afforded by
national planning policy towards
retirement succession arrangements for
farmers. 
9.4 Contrary to commonly-held popular
belief, the countryside does not exist
solely for the enjoyment of those who
wish to escape from the cities at
weekends, or for longer holiday breaks.
Similarly, the role of the farming
community is not to manage the land
solely for the benefit of Sunday afternoon
ramblers or for countryside drives. 
9.5 The countryside is a workplace for the
farmers who produce 60% (by value) of
UK’s food. Farmers work for an hourly
rate which would be unacceptable to
office or factory workers. Paid holiday
entitlement is a rarity in farming. 
9.6 Environmental stewardship helps
maintain landscape quality, wildlife
habitats, local ecosystems and
biodiversity. However, scant regard is
paid to the contribution which farming
makes to the countryside. Year on year
added restrictions are placed in the way
of agricultural production. 
9.7 The need for more sustainable farming
practices has generally been
acknowledged both by the food industry
and by the farming community. Various
schemes are now being promoted to
enhance environmental awareness and
sustainability in farming practices.  These
changes add to the responsibilities of all
involved in the farming community.            
9.8 In terms of policy as contained in both
SLLDP2 and NPF4, the proposal is
consistent with both elements of the
development plan. 
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9.9 When tested against the policies of NPF4,
it can be seen that the development as
proposed is scaled sited and designed in
keeping with local character (Policy 17)
and the proposal will support continuity
of agricultural production. In this way the
proposal will assist future local job
opportunity and sustain local services
(Policy 29) 
9.10 When assessed against the policies of the
adopted South Lanarkshire Local 
Development Plan 2, it can be seen that
the proposal raises no tensions with
either Policy 4 (Green Belt and Rural
Area), or Policy 5 (Development
Management and Placemaking), or with
Policy GBRA10 (Accommodation
Associated with an Existing or Proposed
Rural Business). 
9.11 The accommodation as proposed is
justified in connection with the operation
of Boghall Farm and the proposal raises
no tension with adopted planning policy. 
9.12 For these reasons, South Lanarkshire
Council is urged to support the proposal. 
Gainford Planning Consultants 
September 2024 
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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 6  3g
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Date: 23rd September 2025
Town and Country Planning (Schemes of Delegation and Local Review
Procedure) (Scotland) Regulations 2013
Planning Local Review Body: Response to Notice for Review 
Proposal: Erection of dwellinghouse (accommodation for farm worker)
Applicant:
Site address:
MS Woodside
Boghall Farm
Boghall Road
Biggar
ML12 6JJ
Application no: P/24/1305 
1. Planning Background
1.1  Boghall Farm is situated directly adjacent to the settlement boundary of
Biggar. The steading contains two dwellings a traditional two storey
farmhouse and a single storey dwelling. Mr and Mrs Woodside reside in the
farmhouse and the single storey dwelling is utilised as a short term let. 
1.2 The application as submitted was described as Erection of dwellinghouse
(accommodation for farm worker).
1.3 Within the supporting statements submitted it is detailed that Mr Greg
Woodside, the son of the farmer, is an entering party to the business;
however, he does not currently work or reside on the farm or in the
surrounding area. The supporting statement advises Mr Woodside Jnr.’s
involvement is a succession plan to allow Mr Woodside Snr. to reduce working
hours to allow him to retire at some point in the future. No timescales have
been identified.
1.4 The business currently operated by predominantly Mr Woodside Snr.  with
additional workers brought in as and when is needed. There has been no
requirement to date to have these workers live on site. 
1.5 There has been previous applications received within the lands of Boghall,
one withdrawn prior to validation and one withdrawn prior to decision
(P/23/0536). The applications sought to demolish a ruinous building and
replace with a dwelling in a similar design to what is proposed in this
application. It was advised the proposal would only be successful if the
existing ruinous building was retained or reflected in the design proposed. The
agent was advised to engage in pre-application discussions prior to any
3g
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formal resubmission. No preapplication advice in relation to that site or this
proposal under appeal was sought prior to submission of the application. 
2 Observations on the appellant’s Notice of Review. 
2.1 The appellant has submitted a statement to support their review. The grounds
raised will be summarised and responded to below.
2.2 The appellant has considered the decision to be unlawful.
2.3 Response: The decision is not unlawful. The reasons for the decision are
clearly stated on the decision notice. 
2.4 There is precedent for this type of proposal, referring to Rowhead
decision. Furthermore, the proposal should have been assessed against
LDP Policy GBRA 7 Small Settlement Extensions (Rural Area Only)
2.5 Response: The case at Rowhead on the opposite side of Biggar was
approved by Councillors overturning the Planning Authority’s decision making
under a different development plan. This case did not relate to a farm.  
2.6 Since the introduction of NPF4 proposals are required to meet the local
development plan policies and those within NPF4. There is no comparable
policy in NPF4 which supports the extension of settlement boundaries, and
where an incompatibility exists whichever is the later of the two development
plans is to prevail, which in this case is NPF4.
2.7 The appellant considers there is precedent for the design, notably white
render on other buildings within Biggar.
2.8 Response: Boghall Farmhouse is a two-storey traditional farmhouse with two
single storey elements flanking each side. It sits perpendicular to Boghall
Road, finished with dressed sandstone (signalling its significance as it was the
norm for farmhouses to be finished with random rubble), quoin detailing on all
windows, and attractive chimney features.
2.9  As the Report of Handling set out it was considered that a suburban white
rendered building adjacent to the traditional farmhouse did not sit well
together.  The painted white buildings within Biggar town centre are not in the
same setting as this proposal and do not set a precedent. 
2.10 There are other suburban features to the design, including the siting of a
garage to the front of the property, a deep plan which results in the pitch of the
roof and form of the proposal not being reflective of the farmhouse. The
proposed positioning of the dwelling at an angle, with a sweeping drive and
parking to the front is also not reflective of the traditional farmhouse and its
setting.
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2.11 As the Report of Handling detailed it was not considered that the proposed
dwelling had considered the surrounding area. It should be noted that the
initial proposed design at this site is the same design as was proposed at
another site within Boghall lands. The agent later made some amendments
however it demonstrates that the design had not initially been designed for
this site or taken cognisance of its immediate surroundings. 
2.12 The appellant considered there has been a failure to assess the
proposal under NPF4 Policy 17 in terms of rural housing which includes
an exception for rural housing under the following cases – (vi) a single
home for the retirement succession of a viable farm holding. 
2.13 Response: The description of development given on validation for the
proposal was - ‘Erection of dwellinghouse (accommodation for farm worker).
This was not disputed by the agent or applicant. The proposed dwelling is not
for a retiring party. 
2.14 The supporting statement does refer to succession planning, detailed in the
background to the proposal. There is no timescale given for the succession of
the business to Mr Woodside Jnr. 
2.15 However, it has not been demonstrated why, with the farm being directly
adjacent to the settlement of Biggar, a dwelling within the settlement would
not be suitable for either a retiring or entering party. 
2.16 The appellant considers that it has been demonstrated there is a
specific locational need and that it is crucial that Mr Greg Woodside
resides on the farm. 
2.17 Response : NPF4 Policy 17 also includes a policy exception a dwelling can
be approved for a development (v) is demonstrated to be necessary to
support the sustainable management of a viable rural business  or croft, and
there is an essential need for a worker (including those taking majority control
of a farm business) to live permanently at or near their place of work. 
2.18 The Report of Handling has concluded that the business is a viable farm unit
where the short term let is included in the finances. A labour requirement
report, produced by Scottish Agricultural College (SAC), was submitted in
support of the application, which does demonstrate under different scenarios
that the labour requirement is over 3 persons. The scenarios include an
increase in stock and a variance in the hours inputted into the short term let
use. 
2.19 Whilst the labour requirement may be over three it does require to be
demonstrated it is essential for the two workers (Mr Woodside Snr. and Mr
Woodside Jnr.) to each have a dwelling at the farm, i.e. why both parties are
required to be on site over 24 hours.  
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2.20 The appeal statement details that it is ‘crucial’ both parties are on site quoting
the submitted labour requirement report but does not qualify or explain why it
is crucial. The PLRB should be reminded that SAC are a consultant to the
applicant not an independent party. 
2.21 The labour requirement report details that it is crucial two persons are on site
for safety reasons; it should be two persons on site working together with
cattle. This is likely to be predominantly during the day for planned work, it
does not demonstrate a permanent onsite presence of two persons. Even in
the event of emergency issues after hours, the settlement of Biggar is directly
adjacent, and the additional person would be able to attend quickly from a
dwelling within the settlement. 
2.22 A further reason was to deal with cattle escaping on to the road. The western
fields lie adjacent to the A702 close to the entrance with Biggar. The fields
have a burn between one field and the A702 and the field which borders the
A702 is already double fenced.  Regardless of the risk of escape, the majority
of dwellings situated within Biggar settlement would be closer certainly to the
A702 than the proposal. 
2.23 An additional reason was security, with two dwellings already on site it is not
considered a third would pose a significant change to the deterrent of thieves.
There are various other measures which can be taken for rural security other
than the construction of an additional dwelling. 
2.24 It has not been demonstrated that it is essential to have two permanent
workers at the farm, in particular when the settlement boundary of Biggar is
directly adjacent to the farm and could provide housing near to the farm.
2.25 The appellants considers that there has been a failure to consider a
policy on the remote rural area. 
2.26 Response: NPF4 Policy 17(c) includes a policy on remote rural area where
proposals in these areas will be supported where it supports and sustains a
fragile community and supports local housing outcomes. There have been no
local housing outcomes for the Biggar area identified in the local development
plan. 
2.27 The site is located in the remoter rural area; however, it is not considered the
community of Biggar is a fragile community or how this proposal would
support that community. There are already specific policies in place to directly
support farming businesses, which have been discussed above. 
2.28 In conclusion, it has not been demonstrated that there is a need for an
additional dwelling at Boghall Farm to support the existing business. The main
material consideration which would set this proposal apart from other
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dwellings on farms is the site’s location adjacent to the settlement boundary of
Biggar. 
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116

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Applicant’s Comments on Further Representation
Submitted by Planning and Regulatory Services in the
Course of the Notice of Review Consultation Process 
Appendix 7  3h
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118

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Page 1:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305 
refused:                     front elevation
Because of “Inappropriate Suburban Design” [Ref Para 2(F) (i-v)] 
refused:             site plan
Because of a “Sweeping Drive” and the Dwelling Orientated “at an Angle”
to Boghall Road   [Ref Para 2(F)(i-v)] 
Appellant’s Response to the Planning Authority’s
Observations on the Notice of Review: Application
P/24/1305
Boghall Farm, Biggar 
3h
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Page 2:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305
1.0 Introduction
1.1 This statement is submitted to the Planning Local Review Body (PLRB) on behalf
of the appellants, in response to the planning officer’s comments dated 23rd
September 2025 in respect of the Notice of Review for Boghall Farm, Boghall
Road, Biggar. 
1.2 The following submission aims to draw the attention of the members of the PLRB
to various omissions, inaccuracies, misrepresentations and factual errors
contained in the planning officer’s comments. The appellants accept that the
planning officer’s comments understandably are made in order to support and
justify the planning officer’s initial refusal reasons for Application P/24/1305.   
Tameside Duty
1.3 The appellant respectfully submits that the PLRB, in reaching a decision on this
Review, is bound by the principles inherent in the “Tameside duty”. Elected
members may be aware that the “Tameside duty” is a principle in public law which
requires decision-makers to be fully informed  and to have made sufficient inquiry
into the relevant facts before reaching a decision on a planning proposal.
Compliance with this duty provides a defence against a legal challenge on a
decision being taken on the basis of flawed information. 
1.4 The appellant accepts that it is for the PLRB to consider all relevant facts and to
reach a considered decision having weighed the arguments for and against the
proposal and to have considered the associated risks. 
2.0 Response to Planning Officer’s Comments
2.1 The following comments are referenced to the paragraph numbers in the planning
officer’s comments: 
(A) Paragraph 1.1 “The steading contains two dwellings” 
(i) The wording used by the planning officer implies that there are two dwellings
within the farm steading. In reality the farmhouse is the only dwelling. An
outbuilding within the farmyard has been converted for use as an Airbnb, as part
of a farm diversification scheme. The Airbnb is ideal for short-term holiday breaks
but would not offer the space or facilities (ie garden ground) to meet the Council
standards for use as full-time family accommodation. The planning officer’s
comments are misleading. 
(B) Paragraph 1.3 The farmer’s son “does not .. work or reside on the farm or in the
surrounding area” 
(i) Unsubstantiated information breaches the principles of natural justice and
cannot be used to influence planning decisions. It is correct to say that Mr
Woodside’s son resides elsewhere, but it is misleading for the planners to allege
that he “does not work on the farm”. Mr Woodside’s son helps out with farm work
as necessary when circumstances permit. 
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Page 3:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305
(C) Paragraph 1.4  “There has been no requirement to date to have workers live on
site”. 
(i) The appellant, Mike Woodside lives at Boghall Farm and is the only resident
farm worker. He is approaching retirement and aims to pass responsibility for the
operation of the farm to his son. The planner’s argument is based on the premise
that if Mr Woodside does not retire, then there will be no need for the proposal. It
is respectfully submitted that it is not the prerogative of the planners to decide
whether Mr Woodside can retire. Scottish Government planning policy supports
rural homes for retiring farmers. 
(D) Paragraph 2.3 “The decision (on Application P/24/1305) is not unlawful” 
(i) The matters to be included in a Decision Notice are specified under Section 37
of the Town and Country Planning (Scotland) Act 1997. Section 37(2A) of the 1997
Act was introduced by the 2019 Act and requires that : 
“The notice of the planning authority’s decision on an application must
include a statement as to whether the authority consider that the application
is for a development that is in accordance with the development plan for the
time being applicable to the area to which the application relates together
with an explanation of why the authority have reached that view.” 
(ii) The wording of Section 37(2A) is quite specific in requiring that a decision
“must include a statement”, of reasons and must include an explanation of
“why the authority have reached that view.” The Section 37(2A) requirement
must be clear on the face of the decision notice. The section of the decision notice
headed “Reason(s) for Decision” remains blank with no explanation of why the
Council have reached the decision to refuse the application. The decision notice
for Application P/24/1305 does not provide the full explanation as required by
Section 37(2A) in respect of at least 5 of the reasons for refusal. 
(iii) A full explanation of the appellant’s case may be necessary to clarify the extent
to which the decision fails to meet the statutory requirement of Section 37(2A).
The test of the lawfulness of the decision centres on the extent to which the
appellant has been prejudiced by the Council’s failure to provide a sufficiently
reasoned decision. 
Refusal Reason No. 3 
(iv) Irrespective of the Council’s failure to complete the “Reason(s) for Decision”
section of the decision notice, the appellant accepts in respect of Reason No.3
that the policy base for the refusal reason No.3  is clear, and that the refusal reason
is also clearly specified, with reference to the proposed white rendered wall finish
being considered by the planning officer as being contrary to Policy GBRA10. 
(v) Whilst accepting that Reason No,3 may satisfy the statutory requirements of
Section 37(2A), the appellants otherwise challenge the validity of Reason No.3. 
The primary thrust of Policy GBRA10 is towards the justification of housing
associated with existing or proposed rural businesses. Refusal reason No.3 does
not challenge the need for additional accommodation on the farm unit.  Instead,
Refusal reason No.3 firstly opposes the Review Proposal on the basis of the
proposed finish of the external walls of the house.
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Page 4:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305 
(vi) Secondly, refusal reason No.3 challenges the need for the proposal on the
basis that suitable accommodation exists in the form of the converted outbuilding
in the farmyard, which augments the farm income through short-term Airbnb lets.
The planners neglect to mention that the Airbnb accommodation does not meet
the requirements for full-time occupation, and the building cannot be extended.     
Refusal Reason Nos 1,2,4,5 and 6 
(vi) Whereas Reason No.3 may satisfy the test of being clear and concise, the
same conclusion cannot be reached in relation to Reason Nos 1,2,4, 5 and 6. 
(vii) Reason 1 refers to the Review Proposal as being “an inappropriate form of
development”. No reasoned explanation is provided (as required by Section
37[2A] ) of  what aspect of the proposal makes the development “inappropriate”.
The introductory text of Policy 4 states that the aim of the policy is to “ensure there
is no unacceptable significant adverse impact on the environment or on local
services and infrastructure” (emphasis added). Even if it were known as to what
aspect of the proposal was “inappropriate”, it would not conflict with Policy 4
unless it resulted in an “unacceptable significant adverse impact”. 
(viii) Reason No.2 in respect of Policy 5 similarly relies on the planning officer’s
fictitious test referring to some unspecified element of the proposal being
“inappropriate”. As with Policy 4, the actual test applied by Policy 5 is the
avoidance of any “unacceptable significant adverse impact”. In addition to being
non-specific, the refusal reason fails to draw support from Policy 5 and fails to
satisfy Section 37(2A). 
(ix) Reason No.4 is totally lacking in specification and presents an unqualified
statement  about non-compliance with the 6 qualities of successful places. The
failure to identify in which way the Review Proposal offends any or all of the 6
qualities of successful places falls well short of the requirements of Section
37(2A). 
(x) Reason No.5 refers generally to the proposal being inconsistent with the policy
on quality homes. This refusal reason fails to explain in what way the proposal
conflicts with NPF4 Policy 16, and therefore similarly fails to meet the statutory
requirements of  Section 37(2A). 
(xi) Reason No.6 refers to NPF4 Policy 17 and states that “it has not been
demonstrated that it is essential for another farm worker to live permanently on
the farm”.  The policy intent of NPF4 Policy 17 is “To encourage, promote and
facilitate the delivery of more high quality, affordable and sustainable rural
homes in the right locations.”  The thrust of this policy is almost identical word
for word with SLLDP2 Policy 4 (“supporting small-scale development in the right
places”). The right places supported by SLLDP2 in the Rural Area include a range
of circumstances including gap-sites, consolidation of building groups and small-
scale extensions to the edge of existing communities in the rural area. 
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Page 5:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305 
(E)  Paragraph 2.5  The Rowhead Farm proposal was approved “under a different
development plan. 
(i) The Rowhead Farm proposal was approved by the full Planning Committee at
the meeting of  Tuesday 24th January 2023. The recorded minute of the meeting
reads: 
(ii) The Elected Members’ decision to approve the Rowhead Farm application was
based on their judgement that the site was a “gap site” as defined under Policy
GBRA8 of the South Lanarkshire Local Development Plan 2(SLLDP2). NPF4 was
adopted by Scottish Ministers on February 13, 2023, from which time it became
part of the statutory development plan. NPF4 did not replace the suite of GBRA
policies of SLLDP2, including GBRA7 (Small-scale Settlement Extensions), which
continues to have effect. The planning officer’s statement in Paragraphs 2.5-2.6 is
wrong in law. 
(F)  Paragraph 2.5  “positioning of the dwelling at an angle, with a sweeping drive” 
(i) Refusal Reason No.3 contains the only specific detail of the design reason why
Application P/24/1305 was refused. 
(ii) The Council’s response to the Notice of Review now clarifies that 2 other
features also contributed to the reasons for refusal. These features comprised (a)
the orientation of the proposed house at an angle to Boghall Road; and (b) a
”sweeping driveway”. 
(iii) It is evident that the officer(s) who prepared and/or authorised the Council’s
response to the Notice of Review may be unaware that the comments submitted
specifically in Paragraph 2.5 (and possibly throughout the Council’s submission)
relate to a different proposal – and not to the plans and drawings as refused ! 
(iv) Application P/24/1305 was submitted to the Council in October 2024.
Following discussion with Council officers over the next 8 months, the proposal
as initially lodged, was subject to various amendments, including alterations to
the site plan and the building elevations. The Refusal Notice refers specifically to
Drawing Nos. 1280-01B-03B. The planning officer’s comments do not relate to
these documents and appear to relate to earlier superseded drawings. 
“Councillor McDonald, seconded by Councillor Barker, moved that the
application be granted subject to appropriate conditions, to be prepared by
officers, on the grounds that the application site was deemed to be a gap site.
On a vote being taken using the electronic voting system, 7 members voted for
the motion, 14 for the amendment and 1 abstained”
Extract of Minute of Planning Committee of 24 January 2023
Council Planners Lose All Credibility as the Council’s Response to the
Notice of Review  (P/24/1305) is Based on the WRONG PROPOSAL
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Page 6:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305 
(v) Such a fundamental error undermines the whole authority of the Council’s
response to this Notice of Review.   
(G)  Paragraph 2.15 it has not been demonstrated why, “a dwelling within the
settlement would not be suitable” 
(i) The Council comments suggests that the planners have attached no weight to
the findings of the Labour Requirement Report commissioned for Boghall Farm. 
The Labour Requirement Report for Boghall Farm is based on the Farm
Management Handbook 2023/24 and clearly states that the safe operation of
Boghall Farm requires 3.26 full-time workers. With Mr Woodside approaching
retirement, the report further confirms that “it is crucial” that Mr & Mrs
Woodside’s son “resides on site” in the interests of animal welfare and public
health and safety, and as part of the succession arrangements for managing the
farm. 
(ii) Boghall Road is a narrow popular walking route which bisects the farm, and
forms part of the local Core Footpath Network. Any animal breaking loose from
the adjoining fields could run loose within Biggar Town Centre within minutes. An
on-site presence is essential in the interests of public safety. 
(iii) The Council’s Response does not identify either the name or qualifications of
the officer who prepared the report. Therefore, it remains unknown whether the
Council officer is better qualified on agricultural matters than the Scottish
Agricultural College professionals who prepared the Boghall Farm Report. 
(H)  Paragraph 2.27 “it is not considered the community of Biggar is a fragile
community” 
(i) The Council state that Biggar is not a fragile community, but the planners have
failed to present evidence to support that view. According to the Scottish
Government various factors contribute to communities being considered fragile.
Demographically, Biggar is fragile. The Council’s own published Profile for the four
data zones which cover Biggar shows that 13.8% of the Biggar population is aged
75 years or older, and over 1 in 10 of Biggar’s population is aged between 75 and
84 (almost double the South Lanarkshire figure). Almost 1 in 5 households in
Biggar are single-person households and the pensioner dependency rate in Biggar
is 10% higher than for South Lanarkshire as a whole. 
(ii) The Council accept that the Review Site is located in the remote rural area, but
the planners fail to recognise that one of the main aims of NPF4  is to sustain rural
communities and to reverse population loss. Biggar and extensive areas of rural
Clydesdale, including the data zone which includes the Review Site, continue to
experience population loss. NPF4 states: 
• “We will do all we can to help reverse depopulation across rural
Scotland”
• “Further action should be taken to encourage economically active
people to (move to) previously inhabited areas” 
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Page 7:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305
(iii) South Lanarkshire planners appear to be unaware of, or to deny this aspect of
national planning policy. 
(iv) The following plan of South Lanarkshire shows the population change, by
census data zone, between 2011 and 2021. Areas which have experienced an
increase in population are shown coloured with varying shades of blue. Areas
which have experienced population loss are coloured with different shades of
orange and comprise a broad area flanking the eastern and southern boundaries
of South Lanarkshire from Forth to Douglas including Biggar and the Review Site. 
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Page 8:                Response to South Lanarkshire Council’s Comments on Notice of Review P/24/1305  
3.0 Summary 
(i) The Council’s response to Notice of Review could, most charitably, be
described as being  A Catalogue of Errors. 
Decision Notice P/24/1305 was unlawful 
(ii) The initial fatal error is contained on the face of the decision notice  which fails
to meet the legal requirements of Section 37(2A) of the 1997 Planning Act by failing
to provide a full explanation of why the proposal is considered to be contrary to
the development plan. The Council’s response fails to address this issue. The
decision on Application P/24/1305 is not lawful. 
(iii) It would therefore be unlawful for members of the PLRB to support the decision
as issued by the planning officer. 
List of Failures in Council Planners’ Handling of Application P/24/1305 
• Failure to issue a lawful decision notice;
• Failure to consider the Correct Plans; 
• Failure to consider all relevant development plan policies;
• Failure to recognise that the Review Site is located in the Remote Rural
Area;
• Failure to recognise that the population of the Remote Rural area is in
decline;
• Failure to understand the fragility of the population age-profile in the
Biggar area;
• Failure to acknowledge and to respond to the housing crisis in South
Lanarkshire;
• Failure to acknowledge the authority of the Labour Requirement Report;
• Failure to respect and to take into account material considerations
including elected member’s decision to approve a similar proposal at
Rowhead Farm,  Biggar. 
(iv) For the reasons outlined above, it is respectfully suggested that the Review
Proposal should be allowed 
Gainford Planning 
6th October 2025   
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 27 October 2025
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/25/0470 for Erection of
Two Storey Side Extension, First Floor Extension
Above Garage and Associated Alterations at 83 Mote
Hill, Hamilton 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the decision taken by officers, in terms of the Scheme of Delegation, on the
following application:-
[purpose]
1.2. Summary Application Information 
Application Type: Detailed planning application 
Applicant: Naveed Ahmad 
Proposal: Erection of a two storey side extension, first floor extension
above garage and associated alterations
Location:   83 Mote Hill, Hamilton, ML3 6EA 
Council Area/Ward: 17 – Hamilton North and East 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to determine
the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the review,
consider:- 
(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
4
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[1recs]
3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred to
the Planning Committee for a decision.   
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body. 
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring
a review of the determination in respect of their application.  (Refer Appendix 5) 
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as follows:- 
Further written submissions  X Site inspection
X Hearing session(s)  Assessment of review documents
only, with no further procedure 
4.3. However, members will be aware that it is for the Planning Local Review Body to
determine how a case is reviewed. 
5. Information Available to Allow Review of Application
5.1. Section 43B of the Town and Country Planning (Scotland) Act 1997 restricts the ability
of parties to introduce new matters at the review stage.  The focus of the review should,
therefore, be on the material which was before the officer who dealt with the application
under the Scheme of Delegation. 
5.2. The following information is appended to this report to assist the Planning Local
Review Body in its review of the decision taken by officers:- 
 Planning Application Form (Appendix 1)
 Report of Handling by the Planning Officer under the Scheme of Delegation
(Appendix 2(a))
 Copies of representations (Appendix 2(b))
 Site photographs and location plan (Appendix 3)
 Decision notice (Appendix 4)
 Notice of Review including statement of reasons for requiring the review
(Appendix 5) 
5.3. Copies of the relevant drawings are available for inspection by contacting
Administration and Legal Services prior to the meeting.  
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6. Notice of Review Consultation Process
6.1. 2 further representations were received, including a Statement of Observations from
the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day
period from the date on which notification of the request for a review of the case was
given.  These are attached as Appendix 6. 
6.2. The applicant had the opportunity to comment on the further representations received. 
Comments from the applicant’s agent are contained in the submission attached as
Appendix 7. 
Jackie Taylor
Executive Director (Finance and Corporate Resources) 
13 October 2025 
Link(s) to Council Values/Ambitions/Objectives
 Work with communities and partners to promote high quality, thriving and sustainable 
communities
 Accountable, effective, efficient and transparent 
Previous References
 None 
List of Background Papers
 Guide to the Planning Local Review Body 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:
Stuart McLeod, Administration Officer
Tel:  07385 370 117
E-mail:  stuart.mcleod@southlanarkshire.gov.uk
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130

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Planning Application Form 
Appendix 1  4a
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132

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Page 1 of 6
Floor 6, Council Offices Almada Street Hamilton ML3 0AA  Tel: 0303 123 1015  Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100692519-002
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Description of Proposal
Please describe accurately the work proposed: * (Max 500 characters)
Has the work already been started and/ or completed? *
 No   Yes - Started     Yes – Completed
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Erection of a two-storey side extension, extension over the existing garage and internal alterations.
4a
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Page 2 of 6
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
KS Architectural
Mr
Khrum
Naveed
Syed
Ahmad
Saffronhall Lane
Mote Hill
2
83
Suite 01 Saffronhall Studios
ML3 6LS
ML3 6EA
United Kingdom
United Kingdom
Hamilton
Hamilton
info@ksarchitectural.co.uk
info@ksarchitectural.co.uk
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Page 3 of 6
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Trees
Are there any trees on or adjacent to the application site? *  Yes    No
If yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Access and Parking
Are you proposing a new or altered vehicle access to or from a public road? *  Yes    No
If yes, please descr be and show on your drawings the position of any existing, altered or new access points, highlighting the changes
you proposed to make. You should also show existing footpaths and note if there will be any impact on these.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
83 MOTE HILL
South Lanarkshire Council
HAMILTON
ML3 6EA
655903 272252
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Page 4 of 6
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Khrum  Syed
On behalf of: Mr Naveed  Ahmad
Date: 25/04/2025
 Please tick here to certify this Certificate. *
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Page 5 of 6
Checklist – Application for Householder Application
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) Have you provided a written description of the development to which it relates?.  *  Yes   No
b) Have you provided the postal address of the land to which the development relates, or if the land in question  Yes   No
has no postal address, a description of the location of the land?  *
c) Have you provided the name and address of the applicant and, where an agent is acting on behalf of the  Yes   No
applicant, the name and address of that agent.?  *
d) Have you provided a location plan sufficient to identify the land to which it relates showing the situation of the  Yes   No
land in relation to the locality and in particular in relation to neighbouring land? *. This should have a north point
and be drawn to an identified scale.
e) Have you provided a certificate of ownership? *  Yes   No
f) Have you provided the fee payable under the Fees Regulations? *  Yes   No
g) Have you provided any other plans as necessary? *  Yes   No
Continued on the next page
A copy of the other plans and drawings or information necessary to describe the proposals
(two must be selected). *
You can attach these electronic documents later in the process.
  Existing and Proposed elevations.
  Existing and proposed floor plans.
  Cross sections.
  Site layout plan/Block plans (including access).
  Roof plan.
  Photographs and/or photomontages.
Additional Surveys – for example a tree survey or habitat survey may be needed. In some instances you  Yes   No
may need to submit a survey about the structural condition of the existing house or outbuilding.
A Supporting Statement – you may wish to provide additional background information or justification for your  Yes   No
Proposal. This can be helpful and you should provide this in a single statement. This can be combined with a
Design Statement if required. *
You must submit a fee with your application. Your application will not be able to be validated until the appropriate fee has been
Received by the planning authority.
Declare – For Householder Application
I, the applicant/agent certify that this is an application for planning permission as descr bed in this form and the accompanying
Plans/drawings and additional information.
Declaration Name: Mr Khrum  Syed
Declaration Date: 25/04/2025
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Page 6 of 6
Payment Details
Online payment: 
Payment date: 25/04/2025 05:21:00
Created: 25/04/2025 05:21
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Report of Handling 
Report dated 23 June 2025 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2(a)  4b
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140

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Reference no. P/25/0470
Delegated Report   
Date 20th June 2025 
Planning proposal: Erection of two storey side extension, first floor extension above garage and
associated alterations
Location:  83 Mote Hill
Hamilton
ML3 6EA 
Application
Type:  Householder   
Applicant:  Mr. Naveed Ahmad    
Location:   83 Mote Hill
Hamilton
ML3 6EA    
Decision: 
Other
action/notes:     
Application refused 
(1) None 
Report by: Area Manager (Planning & Building Standards)  
Policy reference:    
National Planning Framework 4 (Adopted 2023)  
Policy 1 - Tackling the climate and nature crises  
Policy 2 - Climate mitigation and adaptation  
Policy 14 - Design, quality and place  
Policy 16 - Quality homes 
South Lanarkshire Local Development Plan 2 (Adopted 2021)  
Policy 2 - Climate change  
Policy 3 - General Urban Areas and Settlements  
Policy 5 - Development Management and Placemaking  
Policy DM2 - House Extensions and Alterations 
Supporting Planning Guidance – Development at a Dwellinghouse (November 2022) 
Assessment 
Impact on privacy? No 
Impact on sunlight/daylight? No 
Impact on amenity? No 
Traffic issues? No 
Adheres to development plan policy? No 
Adverse comments from consultees? No 
Consultations  Summary of response 
None  Not available
4b
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Representation(s): 
► 1 Objection letters
► 0 Support letters
► 0 Comment letters 
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Planning Application Delegated Report
1 Application Summary 
1.1 Householder planning permission is sought for the erection of a two-storey side extension,
with a first-floor extension above the garage, and associated alterations at 83 Mote Hill,
Hamilton, ML3 6EA. 
1.2 The site is located on a prominent corner location within the residential Mote Hill
development in Hamilton. To the east lies the Hamilton ice rink, to its west is a Lidl, to its
north is housing that backs onto Hamilton Racecourse, with a mix of housing and retail to
its south. The detached dwellings along Mote Hill are similar style two storey (red or buff)
facing brick, with hipped roofs and Marley concrete tiles, dark grey uPVC windows, dark
grey uPVC doors, white roof soffits, brown roof facia, and brown uPVC rainwater goods.
Off street parking is provided by a drive in the front curtilage and within the attached garage
located to the front of the property. 
1.3 The proposed two-storey side extension would extend the ground floor kitchen and first
floor bedrooms by 3.950m by 5.45m (or thereby). Additionally, a bay window, 0.912m by
3.6m (or thereby) would protrude from the proposed (western) side elevation of the ground
floor kitchen extension. The bay window would have a mono pitched roof 2.3m high at its
eaves, and reaching a maximum height of 3.3 m. A first-floor extension is proposed over
the existing garage located to the front of the dwelling, adding a 6.148m by 5.8m (or
thereby) area for the master bedroom above. A new hipped roof, rising to a height of 5m
high (or thereby) at its eaves line, and an overall maximum hight of 7.5 metres high at its
ridge and sits 0.4m (or thereby) below the primary dwelling’s ridgeline. A 0.6m wide, by 1m
high window faces out to the north from the main bedrooms associated ensuite. A 1.1m
wide, by 1m high (two) window opening, and the 1.65m wide, by 1m high (three) window
opening are also proposed on the first floor of the side (facing west) elevation. 
1.4 The applicant’s site is relatively level, with the Mote Hill Road being on a sloped incline as
it wynds down to the east. Timber fencing encloses the applicant’s side and rear
boundaries, with the front of the property having unobstructed access from the public realm. 
2 Representation(s) 
2.1 Statutory neighbour notification was undertaken on the 30th of April 2025. Two letters of
representation have been received as a result of this publicity.  The issues raised within this
can be summarised as follows:- 
(a) Concern regarding loss of privacy from the windows proposed on the rear
elevation of the extension.
Response:  The objector only has one window visible above the shared fence line with
the applicant. This is a non-habitable bathroom, that would be located 7.2 metres (or
thereby) away from the proposed bedroom window on the rear elevation of the side
extension. As a result, no loss of privacy would result from the proposed construction. 
(b) Concern regarding loss of light to the property.
Response: The proposed extension is located to the north of their property, therefore
following the sun path, direct sunlight rises in the east in the morning, is located to the
south at midday, and sets to the west. The applicants dwelling is located to their north,
therefore direct sunlight would not be affected as a result of the proposed extension. A
7.2m gap between the proposed extension and the objector’s property would mean that
the impact of indirect light to their property would not be considered unacceptable. 
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(c) Concerns regarding blocking views from the upstairs window. 
Response: The only affected window at the side elevation of the objector’s property is
a WC. This is a non-habitable room, therefore any view impacted from this is not
considered to be a material consideration. 
(d) Concerns that the objector may lose views to the sky from their conservatory
extension.
Response:  Views to the sky from the objector’s conservatory are not considered to be
materially impacted by what has been proposed by the applicant. 
(e) Concerns about increased scale of the house, making them feel enclosed. A
previous outbuilding was built on against their shared boundary and they are
concerned what is proposed would feel this way.
Response: The proposed side extension does not protrude any further from the existing
rear elevation of the applicants existing dwelling. It would also be located 5.5 metres (or
thereby) away from the shared boundary fence. There is therefore a sufficient gap
between the proposed side extension and the objector’s site, so it is less likely to create
a feeling of enclosure between the properties. 
(f) Concerns about loss of value to their property.
Response: This is not a material planning consideration. 
3 Assessment and Conclusions 
3.1 The main issues to be addressed in the determination of this application include the layout,
siting and design of the proposal, with an assessment of any visual and amenity impacts
caused as a result.  The policies contained within National Planning Framework 4 and the
South Lanarkshire Local Development Plan 2 are the main consideration in this case. 
3.2 Policies 1 and 2 of NPF4 identify that: development shall take account of the global climate
and nature crises; and that development should minimise emissions and be adapted to take
account of current and future climate risks. Policy 2 of the LDP2 identifies that all
developments should seek to minimise and mitigate against the effects of climate change. 
3.3 As per the guidance detailed in the letter from the Chief Planner dated 8 February 2023, it
is considered that Policy 2 of the NPF4 is not a key consideration for householder
applications.  As such, a quantitative assessment of emissions is not required for a planning
application of this scale, and the relatively small-scale nature of this application means that
there are no conflicts with the aims of Policies 1 and 2 of NPF4 and Policy 2 of SLLDP2
which seek to promote developments that address the global climate emergency and nature
crisis. At this time, its climate impacts are best considered through the Scottish Building
Standards process rather than imposing specific constraints at the planning stage. 
3.4 Policies 3, 5 and DM2 of the SLLDP2 collectively seek to ensure that all new proposals are
appropriately designed and scaled, with no adverse impact on amenity. Policies 3 and 5
identify that within settlements, residential developments and those of an ancillary nature,
may be considered acceptable if they do not have a significant adverse impact on the
amenity and character of the area, that all development should take account of, and be
integrated with the local context and built form. Policy DM2 provides specific guidance on
residential alterations and extensions. Policy 16 of National Planning Framework 4 advises
that householder development proposals will be supported where they: 
i. Do not have a detrimental impact on the character or environmental quality of the
home and the surrounding area in terms of size, design, and materials; and 
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ii. Do not have a detrimental effect on the neighbouring properties in terms of physical
impact, overshadowing or overlooking. 
3.5 With the dwelling being located in a prominent corner location, it is considered that the 
proposal would have an inappropriate and overbearing visual impact upon the area due to
it increasing the scale/massing at the front of the dwelling. It would be located beside the
public footpath and would create an overbearing impact at this point upon the public realm,
detracting from the amenity of the surrounding area. The proposal therefore does not take
account of or integrate with the local context or built form as required by Policies 3 and 5 of
LDP2. It would also have a detrimental impact on the character of housing in the area due
to the existing dwellings prominent corner location, proposing to be enlarged to create a
first floor above the existing garage at the front of the dwelling. This is considered that it
would change the character of housing in the area. The overbearing nature of the extension
over the garage at the front of the existing corner plot means that it would also be contrary
to Policy 16 of NPF4 in this regard. 
3.6 Concerns were raised due to the size of the proposal, regarding overshadowing and privacy
loss due to the proposal. There would be a set of 3 windows on the first floor in a 1.7m by
1.05m (or thereby) window opening, and a smaller two window set in a 1.1m by 0.85m
window opening on the rear elevation of the proposed side extension. The rear windows on
the proposed extensions would be located approximately 7.2m away from the side elevation
of the (no.85) neighbouring dwelling, located to its south. The neighbouring dwelling has  a
single window for a bathroom the first floor of its side elevation, which is not a habitable
room. 
3.7 On the front extension over the garage, one windows is located looking out from a non-
habitable ensuite bathroom. The windows proposed to the west, look out over the
applicants relatively small side garden, and onto the public realm at Mote Hill Road. A Juliet
balcony faces out from the proposed master bedroom, facing over the mono block parking
area at the front of the applicants dwelling, towards the neighbouring properties (no.81’s)
front curtilage, and onto Mote Hill. Within South Lanarkshire’s existing guidance, a
recommended distance between windows directly facing habitable rooms is 18 meters. The
proposal would meet this as the windows on the rear of the side extension do not face onto
a habitable room at the neighbouring property. The proposal therefore is not considered to
result in a detrimental effect on overlooking, in regard to that aspect of Policy 16 of NPF4
when looking at the potential loss of privacy. 
3.8 The proposed choice of materials for the development includes a buff brick for the external
wall, Mosborough red Marley Mendip style roof tiles, grey uPVC windows and doors that
match the existing dwelling. Grey colour soffits and fascia are proposed, deviating slightly
from the existing brown colour facias, and white coloured roof soffits. The applicant seeks
to update all the facias and soffits to be grey in colour. The material choices proposed are-
seen to substantially match the existing dwelling with some deviations in this regard, are
not considered to materially change the visual character of the dwelling as a result of the
application. 
3.9 The concerns with the proposal were raised with the applicant but they were unwilling to
alter the proposal to make it acceptable.  The application therefore requires to be
determined based on the plans that have been submitted. 
3.10 Overall, although the proposed development meets some of the criteria of relevant policies
contained within the Development Plan, it does not meet all of them. The proposal would
extend the existing garage at the front of the dwelling in a way that is considered to be
overbearing and visually dominant, thereby detracting from the visual amenity of the
surrounding area. As a result, it is not acceptable in planning terms and is recommended
for refusal.
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4 Reasons for refusal 
1. The proposal would have a detrimental impact on the visual amenity of the surrounding
residential area due to the scale, massing and design of the proposal.  This is further
exacerbated by its proximity to the public footpath adjacent to the site.  The proposal would
be physically overbearing and is therefore contrary to Policies 3, 5 and DM2 of the South
Lanarkshire Local Development Plan 2. 
2. The proposal would have a detrimental impact on the visual amenity of the surrounding
residential area due to the scale, massing and design of the proposal.  This is further
exacerbated by its proximity to the public footpath adjacent to the site.  The proposal would
be physically overbearing and is therefore contrary to Policy 16 of National Planning
Framework 4. 
5 Reason for decision 
The proposal would have a detrimental impact on the visual amenity of the surrounding
residential area due to the scale, design and massing creating an unacceptable and
overbearing impact.  It would detrimentally impact the character of the area as a result of
the prominent corner location. Therefore, the proposal is not compliant with Policy 16 of
NPF4, Policies 3, 5 and DM2 of LDP2 nor South Lanarkshire’s guidance regarding
development at a dwellinghouse. Due to being contrary to both national and local policy,
this application is recommended for refusal. 
Delegating officer:    Bernard Darroch 
Date:   23 June 2025 
Previous references
♦ P/24/1415 Erection of garden room (In retrospect) 
List of background papers
Further information in relation to the application can be found online:
P/25/0470 | Erection of two storey side extension, first floor extension above garage and associated
alterations
► Application Form
► Application Plans
► Consultations: None
► Representations: 
Mrs oi wan tsang      Dated: 30/04/2025  
Simon Chu       Dated: 07/05/2025
► National Planning Framework 4
► South Lanarkshire Local Development Plan 2022
► Supporting Planning Guidance – Development at a Dwellinghouse (November 2022) 
Contact for further information
If you would like to inspect the background papers or want further information, please contact: 
Michael Farquharson, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3
0AA
Phone: 07551 839698  
Email: Michael.Farquharson@southlanarkshire.gov.uk
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Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status
A Location Plan                    approved
Existing Layout        L(--)001         approved
Proposed Layout             L(--)002              approved 
Existing & Proposed Elevations   L(--)003         approved
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148

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Representations 
Representation From Dated
 Mrs Oi Wan Tsang No date
 Mrs Oi Wan Tsang No date
 Simon Chu 07/05/25 
Appendix 2(b)  4c
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150

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Comments for Planning Application P/25/0470
Application Summary
Application Number: P/25/0470
Address: 83 Mote Hill Hamilton ML3 6EA
Proposal: Erection of two storey side extension, first floor extension above garage and associated
alterations
Case Officer: Michael Farquharson
Customer Details
Name: Mrs Oi Wan Tsang
Address: 85 Mote Hill Hamilton ML36EA
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Planning Application
Comment Reasons:
Comment:Blocks gap view of sky from mostly used conservative sitting position that faces that
direction causing individual sitting to feel upset due to feeling enclosed.
Outside garden area sitting area feels further enclosed due to blocked sky view.
4c
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Comments for Planning Application P/25/0470
Application Summary
Application Number: P/25/0470
Address: 83 Mote Hill Hamilton ML3 6EA
Proposal: Erection of two storey side extension, first floor extension above garage and associated
alterations
Case Officer: Michael Farquharson
Customer Details
Name: Mrs Oi Wan Tsang
Address: 85 Mote Hill Hamilton ML36EA
Comment Details
Commenter Type: Neighbour
Stance: Customer objects to the Planning Application
Comment Reasons:
Comment:Proposed extension completely blocks view of upper floor hallway window.
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From: Simon Chu 
Date: Wed, 7 May 2025, 08:51
Subject: REF : P/25/0470. Object on plans of 83 Mote Hill work. Michael Farquharson
To: planning@southlanarkshire.gov.uk 
Dear Michael Farquharson, 
REF : P/25/0470 
I am writing in regards to the proposed building application of the above reference
number. We are the neighbours located in no. 85 Mote Hill and would like to submit an
objection to the application with the following reasons : 
1) Having a large structure will harm the value of our property due to increased loss of
privacy of their new upstairs bedroom window overlooking directly into the hallway and
into the upstairs toilet. 
2) Morning sunlight may be blocked coming in. If privacy becomes significant then
blinds may need to be installed making the staircase dark. 
The light coming into the staircase from the window is an important aspect for the
safety of my elderly aunt coming down and up the stairs. 
Loss of light may cause elderly Mrs Oi Wan Tsang to fall down the stairs 
If no permanent shut blinds are installed then we have also lost our privacy entering and
exiting the main bathroom in our nightwear. 
The window overlooking into our hallway is not in an assessable location to turn blinds
open and shut as it would not be safe to do so high up above the staircase and in my
opinion designed to permanently let natural sunlight in which may be reduced with the
2 storey extension. 
3) The completely blocked view from upstairs will further reduce our value as the house
will feel further enclosed from upstairs as the view will be significantly limited, there will
be less natural daylight and importantly no privacy from the hallway as mentioned
earlier (plans show their window looking directly in) 
4) Our conservatory and sitting position overlooks directly at the sky which their large
extension will block. The lost of view will impact the quality of our time spent regularly in
the conservatory. 
5) The increased structure size makes us feel further enclosed when they have already
knocked down their conservatory and built a solid walled extension in place of it without
notification couple of months ago. This solid walled extension with tiled roof is shaped
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like the old conservatory but feels higher and bigger within a metre of the boundary
fence. 
The new plans appear to automatically retroactively incorporate the recent extension
work in place of the old conservatory yet no application or notification was received (as
can be seen by the plans where a full solid wall is facing us within a metre of the
boundary yet the old conservatory was a light structure with glass all round). In any
case, it is my opinion that the proposed submitted plans do not match what is currently
in place as there is no conservatory there now. 
This is further exacerbated when a garden structure was also built prior to the
conservatory to extension work and we felt unable to react in time because it was built
without notification making it hard for us to submit objection to a structure well under
construction and then fully built. 
The garden structure has stressed my aunt to the extent that our blinds are half closed
to reduce the sight of the structure as the appearance of it from the neighbours sides
appears like an ugly dark metal shipping container (paneling was only placed facing 83
mote hill and not all the way round) 
Construction from conservatory to extension was also built without notification soon
after the garden structure and the imposing solid wall close to our property has also
stressed my aunt, we are unsure whether permission retroactive or otherwise is
required but assume that the proposed plans is either incorrect or include it
retroactively as a "conservatory" as part of the 2 storey permission as shown by the new
solid wall facing us close to the border. 
My aunt says she feels like living next to a bunker where the conservatory used to be, a
shipping container at the corner and then an imposing castle if the 2 storey extension is
built. 
The retroactive permission for the other garden structure was hard to object despite the
stress as we find it difficult to cause issues to something already built. The same thing
was done to us with the extension in place of the conservatory and again no avenue is in
place for objection. 
The unscheduled work of the previous recent work of the conservatory to extension and
garden structure has upset Mrs Oi Wan Tsang who is my aunt, the owner and elderly
resident of 85 Mote Hill, 
The construction of the even larger double storey structure will surely cause further
stress 
We would like to invite you to visit our property to look at these issues where it will be
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easier for you to understand and we are available any time and day. Please contact me
via this email or mobile at . 
Yours sincerely,
Simon Chu
(Nephew of owner and resident of 85 Mote Hill)
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156

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Site photographs and location plan 
Appendix 3  4d
157

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158

Page 159

4d
159

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Photo A Looking east 
160

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161

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Photo C Looking southeast 
162

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Photo D Looking southwest 
163

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Photo E Looking west 
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Planning Decision Notice and Reasons for Refusal 
Appendix 4  4e
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166

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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Email Michael.Farquharson@southlanarkshire.gov.uk Phone: 07551839698 
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services 
Khrum  Syed
KS Architectural
Suite 01 Saffronhall Studios 
2 Saffronhall Lane
Hamilton
ML3 6LS 
Our Ref: P/25/0470
Your Ref: 
If calling ask for: Michael Farquharson
Date: 23 June 2025 
Dear Sir/Madam 
Proposal: Erection of two storey side extension, first floor extension above
garage and associated alterations
Site address: 83 Mote Hill, Hamilton, ML3 6EA, 
Application no: P/25/0470 
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/ 
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused. 
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal. 
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact Michael Farquharson on 07551839698 
Yours faithfully 
Head of Planning and Regulatory Services 
Enc:  
4e
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006 
To: Mr Naveed  Ahmad  Per: Khrum  Syed 
83 Mote Hill, Hamilton, ML3
6EA, 
KS Architectural, Suite 01
Saffronhall Studios , 2
Saffronhall Lane, Hamilton,
ML3 6LS, 
With reference to your application received on 25.04.2025 for planning permission under the
above mentioned Act: 
Description of proposed development: 
Erection of two storey side extension, first floor extension above garage and
associated alterations 
Site location: 
83 Mote Hill, Hamilton, ML3 6EA,   
SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act
hereby: 
REFUSE PLANNING PERMISSION 
for the above development in accordance with the plan(s) specified in this decision notice and the
particulars given in the application, for the reason(s) listed overleaf in the paper apart. 
Date: 23rd June 2025 
Head of Planning and Regulatory Services 
This permission does not grant any consent for the development that may be required under
other legislation, e.g. Building Warrant or Roads Construction Consent. 
South Lanarkshire Council
Community and Enterprise Resources
Planning and Regulatory Services 
Application no. 
P/25/0470 
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South Lanarkshire Council 
Refuse planning permission 
Paper apart - Application number: P/25/0470 
Reason(s) for refusal: 
01. The proposal would have a detrimental impact on the visual amenity of the surrounding
residential area due to the scale, massing and design of the proposal.  This is further
exacerbated by its proximity to the public footpath adjacent to the site.  The proposal
would be physically overbearing and is therefore contrary to Policies 3, 5 and DM2 of the
South Lanarkshire Local Development Plan 2. 
02. The proposal would have a detrimental impact on the visual amenity of the surrounding
residential area due to the scale, massing and design of the proposal.  This is further
exacerbated by its proximity to the public footpath adjacent to the site.  The proposal
would be physically overbearing and is therefore contrary to Policy 16 of National
Planning Framework 4. 
Reason(s) for decision 
The proposal would have a detrimental impact on the visual amenity of the surrounding
residential area due to the scale, design and massing creating an unacceptable and overbearing
impact.  It would detrimentally impact the character of the area as a result of the prominent
corner location. Therefore, the proposal is not compliant with Policy 16 of NPF4, Policies 3, 5 and
DM2 of LDP2 nor South Lanarkshire's guidance regarding development at a dwellinghouse. Due
to being contrary to both national and local policy, this application is recommended for refusal. 
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Notes to applicant 
Application number: P/25/0470 
Important
The following notes do not form a statutory part of this decision notice. However, it is
recommended that you study them closely as they contain other relevant information. 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
A Location Plan  Refused  
Existing Layout L(--)001 Refused  
Proposed Layout L(--)002 Refused  
Existing _ Proposed
Elevations
L(--)003 Refused   
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Important notes 
Community and Enterprise Resources 
Executive Director David Booth 
Planning And Regulatory Services 
Town and Country Planning (Scotland) Act 1997 
1. Compliance with conditions 
Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section
145), failure to comply with any condition(s) imposed on any planning permission may
result in the service by the Council of a “Breach of Condition Notice” requiring
compliance with the said condition(s). 
There is no right of appeal against such a Notice and failure to comply with the terms of
the Notice within the specified time limit will constitute a summary offence, liable on
summary conviction to a fine not exceeding £1000. 
2. Procedure for appeal to the planning authority 
(a) If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the applicant
may require the planning authority to review the case under section 43A of the Town
and Country Planning (Scotland) Act 1997, within three months from the date of this
notice. The notice of review should be addressed to: 
Executive Director (Finance and Corporate Resources)
Administration and Legal Services
Council
Headquarters
Almada Street
Hamilton
ML3 0AA 
To obtain the appropriate forms:
Administration and Legal Services at the above
address. Telephone: 07385 370 117
E-mail: stuart.mcleod@southlanarkshire.gov.uk 
(b) If permission to develop land is refused or granted subject to conditions, whether by the
planning authority or by the Scottish Ministers, and the owner of the land claims that the
land has become incapable of reasonably beneficial use in its existing state and cannot
be rendered incapable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the planning
authority a purchase notice requiring the purchase of his interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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172

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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant Naveed
Ahmad 
Appendix 5  4f
173

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174

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Notice of Review Form
Page 1 of 6
For official use:  NOR/ _  _  /  _  _  /  _  _  _
Date received by PLRB:  _  _  /  _  _  /  _  _
Notice of Review
Under Section 43A(8) of The Town and Country Planning (Scotland) Act 1997 (as amended) in
respect of decisions on local developments
The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland)
Regulations 2013
The Town and Country Planning (Appeals) (Scotland) Regulations 2013
This notice requires to be served on the Planning Authority within 3 months of the date of
the decision notice or from the date of expiry of the period allowed for determining the
application which is set as 2 months following the validation date of the application
IMPORTANT:  Please read and follow the guidance notes provided when completing this
form.  Failure to supply all the relevant information could invalidate your Notice of Review.
Please complete in BLOCK CAPITALS
Applicant(s)
Name: Mr Naveed Ahmad
Address:
Postcode:
83 Mote Hill
Hamilton 
South Lanarkshire
ML3 6EA
Contact Telephone 1: 
Contact Telephone 2:
Fax No:
E-mail:* 
Agent (if any)
Name: Khrum Syed
Address:
Postcode:
KS Architectural 
Suite 01 Saffronhall Studios
2 Saffronhall Lane 
Hamilton 
ML3 6LS
Contact Telephone 1: 
Contact Telephone 2: 
Fax No:
E-mail:*
Mark this box to confirm that all contact should
be through this representative: X
* Do you agree to correspondence regarding your review being sent by e-mail?
Yes
X
No
Application reference number: P / 2 5 / 0 4 7 0
Site address:
83 Mote Hill, Hamilton, ML3 6LS
Description of
proposed development:
Erection of two storey side extension, first floor extension above
garage and associated alterations
Validation date
of application: 30/04/2025 Date of decision (if any): 23/06/2025
4f
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Notice of Review Form
Page 2 of 6
Nature of application
1. Application for planning permission (including householder application) X
2. Application for planning permission in principle
3. Further application (including development that has not yet commenced and where a time
limit has been imposed; renewal of planning permission; and/or modification, variation or
removal of a planning condition)
4. Application for approval of matters specified in conditions
Reasons for requesting review
1. Refusal of application by appointed officer X
2. Failure by appointed officer to determine the application within the period allowed for
determination of the application
3. Conditions imposed on consent by appointed officer
Review procedure
In cases where the Planning Local Review Body considers that it has sufficient information,
including the Notice of Review, the decision notice, report of handling and any further
representations from interested parties, it may, under Regulation 12, proceed to determine the
review.  It is anticipated that the majority of cases the Planning Local Review Body deals with will
fall into this category.
The Planning Local Review Body will decide on the procedure to be used to determine your review
and may at any time during the review process require that further information or representations be
made to enable it to determine the review.  Further information may be required by one or a
combination of procedures, such as written submissions, the holding of one or more hearing
sessions and/or inspecting the land which is the subject of the review case.  
Although the Planning Local Review Body will decide on the procedure to be used to determine
your review, you can indicate what procedure (or combination of procedures) you consider most
appropriate for the handling of your review.  You may tick more than one box if you wish the review
to be conducted by a combination of procedures.
1. Further written submissions 3. Site inspection X
2. One or more hearing sessions X 4. Assessment of review documents only,
with no further procedure
If you have marked box 1 or 2, please explain here which of the matters (as set out in your
statement below) you believe ought to be subject of that procedure, and why you consider further
submissions or a hearing are necessary:
We believe a hearing session and site inspection are appropriate in this case due to the specific nature of the refusal
reasons, which relate to perceived issues of visual prominence, scale, massing, and relationship to the streetscape
at this particular corner location.
A site inspection will allow the Local Review Body to appreciate first-hand the topography of Mote Hill, the existing
built context, and the relative prominence of adjacent properties (particularly No. 101), all of which materially affect
how the proposed extension will be perceived in situ.
We also believe a hearing session would assist the Review Body in considering supporting visuals and design rationale.
This would allow for discussion and clarification of:
• The design decisions that ensure subordination of form and minimal visual impact;
• The use of matching materials and integration with neighbouring development;
• The unchanged building line and the limited impact of the proposed height increase;
• Precedent of similar extensions in Mote Hill, including one previously approved nearby.
These matters are central to assessing compliance with Policy 16 of NPF4 and Policies 3, 5, and DM2 of SLLDP2. A
hearing session would ensure a fair, informed and context-sensitive determination.
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Notice of Review Form
Page 3 of 6 
Site inspection 
In the event that the Local Review Body decides to inspect the review site, in your opinion: 
1. Can the site be viewed entirely from public land?
Yes  No
X
2. Is it possible for the site to be accessed safely, and without barriers to entry?  X 
If there are reasons why you think the Planning Local Review Body would be unable to undertake
an unaccompanied site inspection, please explain here: 
Part of the proposed extension is behind the side fence of the property. With short notice the client can unlock
the side gate to the property to allow access. 
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Notice of Review Form
Page 4 of 6 
Statement of reasons for requiring the review 
You must state, in full, why you are requesting a review on your application.  Your statement must
set out all matters you consider require to be taken into account in determining your review.  Note:
you may not have a further opportunity to add to your statement of review at a later date.  It is,
therefore, essential that you submit with your Notice of Review all necessary information and
evidence that you rely on and wish the Planning Local Review Body to consider as part of the
review.   
If the Planning Local Review Body issues a notice requesting further information from any other
person or body, you will have a period of 14 days in which to comment on any additional matter
which has been raised by that person or body. 
State here the reasons for your Notice of Review and all matters you wish to raise.  If necessary,
this statement can be continued or provided in full in a separate document.  You may also submit
additional documentation with this form. 
We have provided a separate supporting statement to accompany this application. 
Have you raised any matters which were not before the appointed officer at the time the
determination on your application was made? 
Yes  No
X
If yes, you should explain in the box below, why you are raising new material, why it was not raised
with the appointed officer before your application was determined and why you consider it should
now be considered in your review. 
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Notice of Review Form
Page 5 of 6 
List of documents and evidence 
Please provide a list of all supporting documents, materials and evidence which you wish to submit
with your Notice of Review and intend to rely on in support of your review. 
Supporting Statement 
SK001 – Supporting Plan and Images 
Original Planning Drawings – Refused 
Planning Officers Report 
Note:  A copy of the Notice of Review, the review documents and any notice of the procedure of the
review will be made available for inspection by prior appointment (Phone: 08457 406080) at the
office of Planning and Building Standards Services, Montrose House, 154 Montrose Crescent,
Hamilton ML3 6LB until such time as the review is determined.  It may also be made available on
the Council’s website. 
Checklist 
Please mark the appropriate boxes to confirm that you have provided all supporting documents and
evidence relevant to your review: 
X Full completion of all parts of this form 
X Statement of your reasons for requiring a review 
2 copies of all documents, materials and evidence which you intend to rely on (eg planning
application form, plans and drawings, decision notice or other documents) which are now the
subject of this review. 
Note. Where the review relates to a further application, eg renewal of planning permission or
modification, variation or removal of a planning condition or where it relates to an application for
approval of matters specified in conditions, it is advisable to provide the application reference
number, approved plans and decision notice from that earlier consent. 
Declaration 
I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to
review the application as set out on this form and in the supporting documents. 
Signed: Khrum Syed   Date: 01/09/2025 
This form and 2 copies of all supporting documents should be sent to:- 
Planning and Regulatory Services
Community and Enterprise Resources, Council Offices, Almada Street, Hamilton,
ML3 0AA 
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Notice of Review Form
Page 6 of 6
Email: planning@southlanarkshire.gov.uk 
Phone:  0303 123 1015 
For more information or if you want this information in a different format or language,
please phone 01698 455379 or send email to planning@southlanarkshire.gov.uk
For official use 
Date stamp) 
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KS Architectural 
Saffronhall Studios, 2 Saffronhall Lane, Hamilton, ML3 6LS
T: 01698 598 849  E: info@ksarchitectural.co.uk W; www.ksarchitectural.co.uk 
Application to South Lanarkshire Council 
Appeal for the refusal of Planning Permission P/25/0470
83 Mote Hill, Hamilton, ML3 6EA 
Erection of two-storey side extension, first-floor extension above garage, and
associated alterations 
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KS Architectural 
Saffronhall Studios, 2 Saffronhall Lane, Hamilton, ML3 6LS
T: 01698 598 849  E: info@ksarchitectural.co.uk W; www.ksarchitectural.co.uk 
1. Introduction
This statement is submitted in support of an appeal against the refusal of planning
application P/25/0470 by South Lanarkshire Council. The application sought consent for
a two-storey side extension and first-floor extension above an existing garage at 83 Mote
Hill, Hamilton. 
The proposal was refused on the grounds that it would have a detrimental impact on
visual amenity due to scale, massing, and design, particularly in relation to its corner
position and proximity to the public footpath. This appeal provides a detailed and
structured response to those concerns and demonstrates that the proposal is modest,
subordinate, well-integrated, and consistent with both planning policy and the local
context.
2. Response to Planning Officer’s Assessment (Section 3 of Delegated Report)
We have structured our response to directly address each relevant paragraph from
Section 3 of the Planning Officer’s Delegated Report.
3.5 – Visual Impact and Corner Location
The proposed extension does not alter the footprint of the building at the public edge.
The first-floor addition is built above the existing garage, and the distance to the
footpath remains unchanged. The only additional footprint is at the south-west corner,
fully enclosed within the rear garden and screened by existing fencing. 
The proposed extension features a hipped roof, designed to be 0.4 metres lower than
the main ridge, to reduce massing and maintain a visually subordinate relationship to the
main house. As shown in Drawing SK001 – Image 01, No. 101 — located across the street
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KS Architectural 
Saffronhall Studios, 2 Saffronhall Lane, Hamilton, ML3 6LS
T: 01698 598 849  E: info@ksarchitectural.co.uk W; www.ksarchitectural.co.uk 
on the opposite corner — has a higher ridge line due to the sloping nature of the terrain.
It presents a full-height two-storey gable directly to the street and is more visually
prominent on approach than the proposed hipped-roof extension at No. 83. 
Drawing SK001 – Image 02 demonstrates that the proposal remains in line with the
frontage of No. 71, respecting the established building line and avoiding any forward
projection into the streetscape. The proposal is therefore proportionate and contextually
appropriate, and the corner location is not uniquely sensitive within the estate.
3.6 & 3.7 – Privacy and Overlooking
The proposal complies fully with South Lanarkshire’s privacy guidance. Windows have
been carefully located to avoid direct overlooking of any habitable spaces in
neighbouring properties. The Juliet balcony faces the applicant’s own frontage and does
not compromise the privacy of any adjacent garden or room. 
The Planning Officer correctly noted that no privacy or amenity concerns arise and that
standard separation distances are achieved. 
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KS Architectural 
Saffronhall Studios, 2 Saffronhall Lane, Hamilton, ML3 6LS
T: 01698 598 849  E: info@ksarchitectural.co.uk W; www.ksarchitectural.co.uk 
3.8 – Materials
The proposal uses materials that are consistent with and complementary to the existing
house: buff brick, Mosborough Red Marley Mendip roof tiles, and grey uPVC windows
and doors. The soffits and fascias will be updated to grey, replacing the current white
and brown finishes. This will be done in phases, leading to a unified and modernised
appearance. 
This approach is in keeping with other modernised properties within the Mote Hill estate,
where similar material updates have already taken place. As such, the proposal will not
appear materially different or incongruous, but rather in line with the ongoing evolution
of the estate’s character.
3.10 – Summary and Recommendation for Refusal
Drawing SK001 – Image 03 shows a similar two-storey extension within Mote Hill that
was previously approved and built to a comparable scale. This establishes clear
precedent and demonstrates consistency in policy interpretation. 
The proposed extension at No. 83 is less visually prominent than No. 101, which features
a two-storey gable at a higher elevation. In contrast, the proposed design adopts a
hipped roof and a lower ridge line, reducing overall impact. 
The extension does not alter the streetscape or building line and sits comfortably
between two existing dwellings without projecting forward or dominating the corner
plot. The refusal fails to acknowledge the site topography, the modest nature of the
proposed works, and the presence of similar developments nearby.
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KS Architectural 
Saffronhall Studios, 2 Saffronhall Lane, Hamilton, ML3 6LS
T: 01698 598 849  E: info@ksarchitectural.co.uk W; www.ksarchitectural.co.uk 
The proposal is fully compatible with the aims of NPF4 Policy 16 and Policies 3, 5, and
DM2 of the South Lanarkshire LDP2.
3. Conclusion
This appeal demonstrates that the proposal:
- Does not increase the footprint on the front elevation; the extension above the existing
garage retains the same building line and relationship to the street, with only the height
increasing.
- The front of the property therefore remains cohesive, and the extension integrates into
the existing structure without projecting toward the public realm.
- The only increase in footprint occurs to the rear/side, fully contained within the fenced
boundary of the private garden, with no impact on the public street or footpath.
- On approach up Mote Hill, the elevation and street rhythm are unaffected — as
evidenced by SK001 – Image 01 — and the proposed extension reads as a natural
continuation of the dwelling.
- The proposal respects neighbouring amenity, avoids overlooking, and adopts a lower
hipped roof to minimise bulk and maintain subordination.
- The design reflects a pattern of approved development within Mote Hill and uses
materials that match and complement the surrounding built form. 
The planning refusal does not accurately reflect the physical context or the modest,
policy-compliant nature of the proposal. Accordingly, we respectfully request that the
Local Review Body overturn the decision and grant planning permission. 
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KS Architectural 
Saffronhall Studios, 2 Saffronhall Lane, Hamilton, ML3 6LS
T: 01698 598 849  E: info@ksarchitectural.co.uk W; www.ksarchitectural.co.uk 
4. Supporting Documents 
Drawing SK001 – Image 01: Road approach from north-east, showing the proposed
extension outline in blue and relative prominence of No. 101
Drawing SK001 – Image 02: Plan view with red dashed line showing alignment with No.
71’s building line
Drawing SK001 – Image 03: Image of similar two-storey extension within Mote Hill that
was previously approved
Refusal Documents: A copy of the planning refused planning drawings including the
planning officers report. 
Yours Sincerely, 
Khrum Syed 
KS Architectural 
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LAYOUT
architectural
KS ARCHITECTURAL
SAFFRONHALL STUDIOS
2 SAFFRONHALL LANE
HAMILTON, ML3 6LS
t; 07900 238 615
e; info@ksarchitectural.co.uk
w; www.ksarchitectural.co.uk
DRAWING REV
ISSUE DATE
DRAWING STATUS
Work to figured dimensions only; do not scale from this drawing. All dimensions to be checked on site prior to fabrication. Read in conjunction with all other relevant drawings, specifications and schedules
PROJECT
DRAWING TITLE
NOTES & REVISIONS CLIENT
A3 SK001 *Information to support appeal
July 2025
Streetscape
Erection of a two storey extension & Internal alterationsNaveed Ahmad
83 Mote Hill
Hamilton
ML3 6EA
Image 01
The road approach toward the application site (No. 83) is shown with the
proposed extension outlined in blue. From this view, it can be seen that No. 101
occupies a higher position due to the sloping nature of the terrain in Mote Hill. As a
result, the ridge line of No. 101 is higher than both the existing dwelling at No. 83
and the proposed extension
Image 02
Provides a plan view indicating — with the use of a red dashed line — that
the proposed extension at No. 83 remains in line with the frontage of the
existing two-storey dwelling at No. 71, which precedes it in sequence
along the street.
Image 03
Shows a similar two-storey extension within Mote Hill itself, which was
previously approved and built to a comparable scale and form
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83 Mote Hill, Hamilton, ML3 6EA
© Crown copyright and database rights 2024 OS 100054135. Map area bounded by: 272174,655822
272316,655964. Produced on 20 November 2024 from the OS National Geographic Database. Supplied by
UKPlanningMaps.com. Unique plan reference: p2f/uk/1177386/1582365
188

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Work to figured dimensions only; do not scale from this drawing. All dimensions to be checked on site prior to fabrication. Read in conjunction with all other relevant drawings, specifications and schedules
LAYOUT
architectural
KS ARCHITECTURAL
SAFFRONHALL STUDIOS
2 SAFFRONHALL LANE
HAMILTON, ML3 6LS
t; 07900 238 615
e; info@ksarchitectural.co.uk
w; www.ksarchitectural.co.uk
DRAWING REV
ISSUE DATE
DRAWING STATUS
PROJECT
DRAWING TITLE
NOTES & REVISIONS
A2 L(--)001 *
CLIENT
Existing Ground Floor Plan
scale 1:100 @ a2
Existing First Floor Plan
scale 1:100 @ a2
North
EastWest
South
Planning Permission
25th April 2025
Existing Layout
Erection of a two storey extension & Internal alterationsNaveed Ahmad
83 Mote Hill
Hamilton
ML3 6EA
0 5
scale bar (1:100)
metres
Existing Site Areas
Overall site = 536m2
Total developed
area house = 147.0m2
Garden Room = 23.3m2
% site coverage = 31.2%Site Boundary
Key
Mote Hill
Mote Hill
Neighbouring
Property
Neighbouring Property
Existing Site Layout
scale 1:200 @ a2
Garden
Room
North
East
West
South
Existing Roofplan
scale 1:200 @ a2
0 105
scale bar (1:200)
metres
0 105
scale bar (1:200)
metres
Dining
Conservatory
Living Room
Up
Kitchen
Patio doors
BathroomUtilityW.C
Garage
Storage
Entrance
Hall
Front door
Bedroom 01
En-Suite Bathroom
Bedroom 02
Bedroom 03 Bedroom 04
Hallway
Arrows indicate
direction of roof-fall
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1580
3587
3058
3916
3335
6148
3098 2316
13717
600
3335
5093
3000
912
Work to figured dimensions only; do not scale from this drawing. All dimensions to be checked on site prior to fabrication. Read in conjunction with all other relevant drawings, specifications and schedules
LAYOUT
architectural
KS ARCHITECTURAL
SAFFRONHALL STUDIOS
2 SAFFRONHALL LANE
HAMILTON, ML3 6LS
t; 07900 238 615
e; info@ksarchitectural.co.uk
w; www.ksarchitectural.co.uk
DRAWING REV
ISSUE DATE
DRAWING STATUS
PROJECT
DRAWING TITLE
NOTES & REVISIONS
A2 L(--)002 *
CLIENT
0 5
scale bar (1:100)
metres
Proposed Ground Floor Plan
scale 1:100 @ a2
Proposed First Floor Plan
scale 1:100 @ a2
North
EastWest
South
Planning Permission
25th April 2025
Proposed Layout
Erection of a two storey extension & Internal alterationsNaveed Ahmad
83 Mote Hill
Hamilton
ML3 6EA
Study
Bedroom 05
Bedroom 06
En-suite Walk in
wardrobe
En-suite
Hall
Store
0 5
scale bar (1:100)
metres
Proposed extension
and internal alterations
Kitchen/
Dining
BathroomUtility
Hallway
Double glazed doors
and Juliet balcony
Roof of bay window below
wardrobeenlarged wardrobe
Accommodation Schedule
Room Area (m²) Area (ft²)
Enlarged Kitchen 37.0 m² 398 ft²
Bedroom 06 22.0 m² 237 ft²
Bedroom 06 En Suite 5.0 m² 54 ft²
Bedroom 06 Walk-In Wardrobe 4.0 m² 43 ft²
Bedroom 05 15.0 m² 161 ft²
Bedroom 05 En Suite 4.0 m² 43 ft²
Study 6.0 m² 65 ft²
Mote Hill
Mote Hill
Neighbouring
Property
Neighbouring Property
North
East
West
South
Proposed Site Areas
Overall site = 536m2
Total developed
area house = 170.0m2
Garden Room = 23.3m2
% site coverage = 36.0%Site Boundary
Key
Proposed Site Layout
scale 1:200 @ a2
Proposed Roofplan
scale 1:200 @ a2
0 105
scale bar (1:200)
metres
Proposed Materials
To ensure a seamless extension, the following materials are proposed:
Roof Tiles:
Marley Mendip style, likely Mosborough Red, to match existing
Brickwork:
Buff brick to match the existing – possibly Ibstock Buff Rustic
Windows and Doors:
Grey to match existing finishes
Soffits and Fascias:
Grey – existing house to be updated over time to match
Juliet Balcony:
Frameless all-glass installation to the new bedroom above the garage
Up
Entrance
Hall
W.C
Dining
Conservatory
Living Room
Garage
Storage
Front door
Hallway
Arrows indicate
direction of roof-fall
190

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Work to figured dimensions only; do not scale from this drawing. All dimensions to be checked on site prior to fabrication. Read in conjunction with all other relevant drawings, specifications and schedules
LAYOUT
architectural
KS ARCHITECTURAL
SAFFRONHALL STUDIOS
2 SAFFRONHALL LANE
HAMILTON, ML3 6LS
t; 07900 238 615
e; info@ksarchitectural.co.uk
w; www.ksarchitectural.co.uk
DRAWING REV
ISSUE DATE
DRAWING STATUS
PROJECT
DRAWING TITLE
NOTES & REVISIONS
A2 L(--)003 *
CLIENT
Planning Permission
25th April 2025
Existing & Proposed Elevations
Erection of a two storey extension & Internal alterationsNaveed Ahmad
83 Mote Hill
Hamilton
ML3 6EA
Existing Front Elevation (Facing North)
scale 1:100 @ a2
Existing Rear Elevation (Facing South)
scale 1:100 @ a2
Existing Side Elevation (Facing East)
scale 1:100 @ a2
Existing Side Elevation (Facing West)
scale 1:100 @ a2
Proposed Front Elevation (Facing North)
scale 1:100 @ a2
Proposed Rear Elevation (Facing South)
scale 1:100 @ a2
Proposed Side Elevation (Facing East)
scale 1:100 @ a2
Proposed Side Elevation (Facing West)
scale 1:100 @ a2
0 5
scale bar (1:100)
metres
Proposed extension
Proposed Materials
Roof Tiles:
Marley Mendip style, likely Mosborough Red, to match existing
Brickwork:
Buff brick to match the existing – possibly Ibstock Buff Rustic
Windows and Doors:
Grey to match existing finishes
Soffits and Fascias:
Grey – existing house to be updated over time to match
Juliet Balcony:
Frameless all-glass installation to the new bedroom above the garage
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The report of handling is included at Appendix 2(a) of the review documents 
192

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Further Representations 
Further Representations From
 Simon Chu
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 6  4g
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Date: 18th September 2025
Town and Country Planning (Schemes of Delegation and Local Review
Procedure) (Scotland) Regulations 2013
Planning Local Review Body: Response to Notice for Review 
Proposal: Erection of two storey side extension, first floor extension
above garage and associated alterations at 83 Mote Hill,
Hamilton, ML3 6EA.
Applicant:
Site address:
Mr Naveed Ahmad
83 Mote Hill
Hamilton
ML3 6EA
Application no: P/25/0470  
1.1 In respect to the Statement of Case for this Notice of Review, the report of
handling associated with P/25/0470 provides a detailed assessment of all
material planning considerations associated with this appeal. The Planning
Authority requests that this document is referred to in terms of the Notice of
Review.   
2.1 Furthermore, in response to the appellants submission we would offer the
following:
2.2 The appellant disputes the assessment concluding that there is precent
shown in SK001 – Image 01, No.101 that is located across the street on
the opposite corner and has a higher ridgeline due to the sloping nature
of the terrain. It  presents a full height two storey gable directly to the
street and is more visually prominent on approach than the proposed
hipped roof extension at No. 83.
2.3 Response: In regard to the question of precedent, the Planning Authority looks
at all cases on their own merits, while considering the context of each site. Mote
Hill is a steeply sloped road; resulting in other dwellings sitting at a higher
ridgeline  this however does not create the conditions to allow the applicant to
overdevelop the garage to the front of the dwelling. The visual prominence of
the neighbouring dwelling at no. 101 is far less noticeable than the first-floor
extension that is being proposed. The neighbouring dwelling is not set on the
same line as the applicants dwelling (and neighbouring dwellings at no. 81 and
no.71) but is instead set back further from the road than the foremost part of
4g
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the applicants dwelling (front elevation of the garage) and the road since it has
a deeper front curtilage at this point.
Policy DM2 of the SLLDP2 states that “the sitting, form, scale, design and
materials (of proposals shall) respect the character of the existing dwelling and
the wider area”, that the proposal? “Does not dominate or overwhelm the
existing dwelling, neighbouring properties or streetscape in terms of size, scale
or height.” It is important extensions are in keeping with both the original house
and the context of the local area.”. The applicant has set the hipped roof of the
proposed first floor garage extension to be 0.4m lower than the ridgeline of the
existing dwelling, to not dominate the existing dwelling in terms of scale.
However, due to the location of the garage to the front of the dwelling and it
being enlarged to have a second storey, its proximity to the public path and road
would lead it to dominating the streetscape in terms of its size and scale.
The application is also contrary Policy 16 of NPF4, since householder
applications are only supported where they “do not have a detrimental impact
on the character or environmental quality of the home and the surrounding
area in terms of size, design and materials”.
2.4 The appellant disputes that Drawing SK001 image 02 shows the corner
location is not uniquely sensitive within the estate 
2.5 Response: It may not be unique to the applicant, but it is sensitive in regard to
the character of the development The Mote Hill development consists of a main
through road with various roads off this reaching into cul-de-sac type layouts.
All of the roads are named Mote Hill. The proposal is situated on the main road
of the development and its position on the corner into a cul-de-sac is considered
a sensitive location, in comparison to a dwelling situated at the end of a cul-de-
sac. The application site acts as a marker point within the development.
The proposed development is designed with a forward building line of the main
elevation dwellinghouse is set back. Whilst the single storey garage is forward
of this building line is low height still allows those to view forward and identify
the turn into the cul-de-sac and read the layout of the development. 
Single storey garages to either the front, or side of the primary dwelling are a
‘common feature’ within the surrounding area. However, where the upwards
extension to the applicant’s garage altering the character of the overall
development, and at this location would sets a dangerous precedent within the
development. 
Policy 16 of NPF4 supports householder applications when they “do not have
a detrimental impact on the character or environmental quality of the home and
the surrounding area in terms of size, design and materials”. As mentioned
previously, the application is considered to alter the character of the overall
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development, due to its corner location on the main thorough fare of the
development.
2.6 The appellant sets out  that Drawing SK001 - Image 03 shows a similar
two storey extension within Mote Hill (at number 56) that was previously
approved and built to a comparable scale and this would  establish
precedent and demonstrates consistency in policy interpretation.
2.7 Response: The extension at no. 56 Mote Hill is not considered to be
comparable to the applicants dwelling, since it is set at the end of a cul-de-sac
branching off the spine road (where the applicants dwelling is located). It is
therefore located in a less prominent location than the applicants, where
extending the garage upwards in front of their main dwelling would constrict the
road opening to the cul-de-sac which branches off from the main spine of Mote
Hill. The proposal at number 56 was also assessed by a previous South
Lanarkshire Local Development Plan before the introduction of the National
Planning Framework 4. 
3.1 In conclusion, the application site is located on the main thorough fare on Mote
Hill Road, making it a prominent location within the development. Two cases of
precedent have been presented by the applicant, however these would not alter
the decision-making process since they are materially different circumstances.
One refers to a house located at the end point of a cul-de-sac that branches off
from the top of the spine road, which is a less prominent location. The second
refers to an adjacent building that sits higher than the dwelling due to the
differences in topography.
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2) Morning sunlight may be blocked coming in. If privacy becomes significant then blinds
may need to be installed making the staircase dark.
The light coming into the staircase from the window is an important aspect for the safety
of my elderly aunt coming down and up the stairs.
Loss of light may cause elderly Mrs Oi Wan Tsang to fall down the stairs
If no permanent shut blinds are installed then we have also lost our privacy entering and
exiting the main bathroom in our nightwear.
The window overlooking into our hallway is not in an assessable location to turn blinds
open and shut as it would not be safe to do so high up above the staircase and in my
opinion designed to permanently let natural sunlight in which may be reduced with the 2
storey extension.
3) The completely blocked view from upstairs will further reduce our value as the house
will feel further enclosed from upstairs as the view will be significantly limited, there will
be less natural daylight and importantly no privacy from the hallway as mentioned earlier
(plans show their window looking directly in)
4) Our conservatory and sitting position overlooks directly at the sky which their large
extension will block. The lost of view will impact the quality of our time spent regularly in
the conservatory.
5) The increased structure size makes us feel further enclosed when they have already
knocked down their conservatory and built a solid walled extension in place of it without
notification couple of months ago. This solid walled extension with tiled roof is shaped
like the old conservatory but feels higher and bigger within a metre of the boundary fence.
The new plans appear to automatically retroactively incorporate the recent extension work
in place of the old conservatory yet no application or notification was received (as can be
seen by the plans where a full solid wall is facing us within a metre of the boundary yet the
old conservatory was a light structure with glass all round). In any case, it is my opinion
that the proposed submitted plans do not match what is currently in place as there is no
conservatory there now.
This is further exacerbated when a garden structure was also built prior to the conservatory
to extension work and we felt unable to react in time because it was built without
notification making it hard for us to submit objection to a structure well under construction
and then fully built.
The garden structure has stressed my aunt to the extent that our blinds are half closed to
reduce the sight of the structure as the appearance of it from the neighbours sides appears
like an ugly dark metal shipping container (paneling was only placed facing 83 mote hill
and not all the way round)
Construction from conservatory to extension was also built without notification soon after
the garden structure and the imposing solid wall close to our property has also stressed my
aunt, we are unsure whether permission retroactive or otherwise is required but assume
that the proposed plans is either incorrect or include it retroactively as a "conservatory" as
part of the 2 storey permission as shown by the new solid wall facing us close to the
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200

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Applicant’s Comments on Further Representations
Submitted by an Interested Party and Planning and
Regulatory Services in the Course of the Notice of Review
Consultation Process 
Appendix 7  4h
201

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202

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From:
To: McLeod, Stuart
Subject: Re: Planning Local Review Body - P/25/0470 – 83 Mote Hill, Hamilton
Date: 06 October 2025 09:28:10
Attachments: image002.png
Dear Stuart,
Re: Planning Local Review Body - P/25/0470 – 83 Mote Hill, Hamilton
Thank you for your previous email.
We acknowledge receipt of the further representations submitted in response to the
Notice of Review, including the statement from the Planning Authority and the
submission from the neighbouring property at No. 85 Mote Hill.
We would like to confirm that we do not intend to provide any further comment, as we
are satisfied that all relevant planning considerations — including those now raised —
have already been fully addressed within our original Supporting Statement and
supporting documentation (including Drawing SK001).
In particular, we do not believe the neighbour’s submission raises any new or valid
planning issues that would materially affect the assessment of the proposal under the
relevant policies. Matters of overshadowing, privacy, character, and amenity were
carefully considered in our appeal and design approach.
Should the Local Review Body require clarification on any specific points, we remain
happy to respond if requested.
Kind Regards,
Khrum Syed
4h
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