Agenda Document Pack - Planning Local Review Body - 11/05/2026
South Lanarkshire Council · 11 May 2026
Back to Planning Local Review Body — 11 May 2026 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Friday, 01 May 2026 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, 11 May 2026 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, 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 1
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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 23 February 2026 were submitted for approval as a correct record. (Copy attached) 5 - 10 Item(s) for Decision 3 Review of Case – Application P/25/0865 for Change of Use of Retail Unit to Ground Floor Studio Flat with Associated Alterations at 37 Main Street, Douglas Report dated 27 April 2026 by the Executive Director (Finance and Corporate Resources). (Copy attached) 11 - 14 3a Appendix 1 Planning Application Form P/25/0865 15 - 24 3b Appendix 2 Report of Handling P/25/0865 25 - 34 3c Appendix 3 Site Photographs and Location Plan P/25/0865 35 - 40 3d Appendix 4 Planning Decision Notice and Reasons for Refusal P/25/0865 41 - 48 3e Appendix 5 Notice of Review P/25/0865 49 - 72 3f Appendix 6 Further Representation P/25/0865 73 - 78 3g Appendix 7 Applicant's Comments on Further Representations P/25/0865 79 - 84 4 Review of Case – Application P/25/0752 for Subdivision of Garden Ground and Erection of 3 Storey Dwelling House with Associated Access at 37 Blairston Avenue, Bothwell Report dated 27 April 2026 by the Executive Director (Finance and Corporate Resources). (Copy attached) 85 - 88 4a Appendix 1 Planning Application Form P/25/0752 89 - 98 4b Appendix 2(a) Report of Handling P/25/0752 99 - 110 4c Appendix 2(b) Representations P/25/0752 111 - 120 4d Appendix 3 Site Photographs and Location Plan P/25/0752 121 - 132 4e Appendix 4 Planning Decision Notice and Reasons for Refusal P/25/0752 133 - 140 4f Appendix 5 Notice of Review P/25/0752 141 - 164 4g Appendix 6 Further Representation P/25/0752 165 - 170 2
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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: Tracy Slater Clerk Telephone: 07385 370 089 Clerk Email: tracy.slater@southlanarkshire.gov.uk 3
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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 23 February 2026 Chair: Councillor Richard Nelson Councillors Present: Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Colin Dewar, Councillor Gladys Ferguson-Miller, Councillor Lesley McDonald, Councillor Norman Rae, Councillor Graham Scott, Councillor David Shearer Councillor’s Apology: Councillor Cal Johnston-Dempsey Attending: Community and Enterprise Resources T Finn and P McMorran, Planning Advisers to the Planning Local Review Body Finance and Corporate Resources S Jessup, Administration Assistant; S O’Neill, Legal Adviser to the Planning Local Review Body; T Slater, Administration Adviser 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 26 January 2026 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/25/0185 for Change of Use from Cattery to Residential Annex (Further Application Under Regulation 11) at Maythorne Cottage, Thorn Highway, Chapelton, Strathaven The Chair advised that this review had been withdrawn at the request of the applicant. The PLRB decided: to note the position. 4 Review of Case – Application P/25/0603 for Erection of Double Garage at Garbank, Lanark Road, Garrion Bridge, Larkhall A report dated 9 February 2026 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/25/0603 by C Durham for the erection of a double garage at Garbank, Lanark Road, Garrion Bridge, Larkhall. 2 5
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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 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 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 a double garage at the proposed location and it would not accord with the Development Plan for the reasons detailed in the decision notice issued on 8 August 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/25/0603 by C Durham for the erection of a double garage at Garbank, Lanark Road, Garrion Bridge, Larkhall be upheld. 5 Review of Case – Application P/25/0448 for Erection of Dwelling House with Associated Access and Off-Street Parking at New Steadings Farm, Green Towers Road, Lanark A report dated 9 February 2026 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/25/0448 by D Lowry for the erection of a dwelling house with associated access and off-street parking at New Steadings Farm, Green Towers 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 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 submissions received from Planning and Regulatory Services 6
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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 review of the information, discussion and advice from the Planning Adviser to the PLRB and Legal Adviser to the PLRB, Councillor Allison, seconded by Councillor Shearer, moved that the decision taken by officers, in terms of the Scheme of Delegation, to refuse planning permission for planning application P/25/0448 by D Lowry for the erection of a dwelling house with associated access and off-street parking at the proposed location be reversed on the grounds that, although it could be considered to be contrary to Policy 17 of the National Planning Framework 4, the proposal would allow a farmer to retire on land that he had operated. Councillor Nelson, seconded by Councillor Convery, moved as an amendment that the decision taken by officers, in terms of the Scheme of Delegation, to refuse planning permission be upheld and that the application be refused for the reasons detailed in the decision notice issued on 8 December 2025. On a vote being taken using the electronic voting system, 5 members voted for the motion and 4 for the amendment. The motion was declared carried. The PLRB then considered appropriate conditions to be attached to the planning consent. The PLRB decided: that the decision taken by officers, in terms of the Scheme of Delegation, to refuse planning permission for planning application P/25/0448 by D Lowry for the erection of a dwelling house with associated access and off-street parking at New Steadings Farm, Green Towers Road, Lanark be reversed and that planning permission be granted for the proposal, subject to the conditions specified by the PLRB, attached as an appendix to this minute. In terms of Standing Order No 14, the Chair adjourned the meeting during this item of business at 10:52am and reconvened at 10:55am 6 Urgent Business There were no items of urgent business. 7
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Application P/25/0448 - Conditions and reasons Erection of dwelling house with associated access and off-street parking at New Steadings Farm, Green Towers Road, Lanark 01. The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 02. That elevational walls shall be finished in smooth or wet dash render and stone and before any development commences on site samples of the external finish materials shall be submitted to and approved by the Council as Planning Authority. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 03. That the roof of the approved dwelling shall be clad externally in natural slate. Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area. 04. That no trees within the application site shall be lopped, topped, pollarded or felled, and no hedges shall be removed from the application site without the prior written consent of the Council as Planning Authority. Reason: In the interests of amenity and to ensure the protection and maintenance of the existing trees and other landscape features within the site. 05. That before any work commences on site, full details of a tree and hedge planting scheme, along the site boundaries, shall be submitted to and approved in writing by the Council as Planning Authority. This will include planting and maintenance specifications, including cross-section drawings, use of guards or other protective measures and confirmation of location, species and sizes, nursery stock type, supplier and defect period. All tree planting shall be carried out in accordance with those details and at those times. Reason: To enhance the natural heritage of the area. 06. That the approved tree and hedgerow planting shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the dwellings or completion of the development hereby approved, whichever is the sooner. Reason: In the interests of landscape character and biodiversity. 07. That the dwellinghouse shall not be occupied until the developer provides a written agreement from Scottish Water and SEPA that the site can be served by a water supply and sewerage scheme in accordance with relevant standards and regulations. Reason: To ensure that the development is served by an appropriate effluent disposal system and water supply. 8
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08. That before the dwelling hereby approved is occupied, a turning space shall be provided within the site to enable vehicles to enter and leave the application site in forward gears at all times. Reason: In the interests of traffic and public safety. 09. That before the development hereby approved is completed or brought into use, 3 no. parking spaces (3.0m x 6.0m modules) inclusive of one electric car charging point shall be laid out, constructed and thereafter maintained to the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site. 10. That before the development hereby approved is completed or brought into use, a visibility splay of 2.0 metres by 20 metres measured from the road channel shall be provided on both sides of the driveway junction onto the private farm access and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines. Reason: In the interests of traffic and public safety. 9
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Report Agenda Item Report to: Planning Local Review Body Date of Meeting: 11 May 2026 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Case – Application P/25/0865 for Change of Use of Retail Unit to Ground Floor Studio Flat with Associated Alterations at 37 Main Street, Douglas 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: Mr Ramzan and Armaan Amin Proposal: Change of Use of Retail Unit to Ground Floor Studio Flat with Associated Alterations Location: 37 Main Street, Douglas, ML11 0QW Council Area/Ward: 04 – Clydesdale South 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 3 11
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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 X Site inspection 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. 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) 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. 12
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6. Notice of Review Consultation Process 6.1. A 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) 27 April 2026 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent We will work towards a sustainable future in sustainable places Caring, connected, sustainable communities 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:- Tracy Slater, Administration Adviser Tel: 07385 370089 E-mail: tracy.slater@southlanarkshire.gov.uk 13
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Planning Application Form Appendix 1 3a 15
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Page 1 of 7 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 100719543-001 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 Change of use from ground floor commercial unit (Class 1) to residential studio flat (Class 9) for occasional use by the owner. Internal reconfiguration to form open-plan living/sleeping space with kitchenette and separate bathroom. No external alterations proposed. 3a 17
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Page 2 of 7 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 Ramzan and Armaan Syed Amin Saffronhall Lane Main Street 2 37 Suite 01 Saffronhall Studios 07900 238 615 ML3 6LS ML11 0QW United Kingdom United Kingdom Hamilton Douglas info@ksarchitectural.co.uk info@ksarchitectural.co.uk 18
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Page 3 of 7 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 describe 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. 37 MAIN STREET 20.00 The property was most recently used as a small ground floor commercial unit, previously operating as a shop. It is currently vacant and has not been in active use for some time. The unit forms part of a traditional stone building within the Douglas Conservation Area. South Lanarkshire Council DOUGLAS LANARK ML11 0QW 630788 283528 19
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Page 4 of 7 Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. 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 0 0 20
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Page 5 of 7 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. 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 Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Waste will be stored internally in a compact 80L bin, appropriate for single occupancy. The bin will be placed outside the property only on collection days and removed promptly after. This avoids permanent outdoor storage and maintains the streetscape. Bin location and notes are shown on the proposed floor plan and site plan. 1 21
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Page 6 of 7 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 Ramzan and Armaan Amin Date: 14/07/2025 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 22
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Page 7 of 7 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 Khrum Syed Declaration Date: 22/07/2025 Payment Details Online payment: IDOX00015337 Payment date: 22/07/2025 06:48:00 Created: 22/07/2025 06:49 23
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Report of Handling Report dated 22 December 2025 by the Council’s Authorised Officer under the Scheme of Delegation Appendix 2 3b 25
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Reference no. P/25/0865 Delegated Report Date 19 December 2025 Planning proposal: Change of use of retail unit to ground floor studio flat with associated alterations Location: 37 Main Street Douglas Lanark ML11 0QW Application Type : Detailed planning application Applicant : Mr Ramzan and Armaan Amin Location : 37 Main Street Douglas Lanark ML11 0QW Decision: Other action/notes: Application refused (1) None Report by: Area Manager (Planning & Building Standards) Policy reference: National Planning Framework 4 (2023) Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 7 - Historic assets and places 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 14 - Natural and Historic Development Policy DM1 - New Development Design Policy NHE6 - Conservation Areas Assessment: Impact on privacy? No Impact on sunlight/daylight? No Impact on amenity? Yes Traffic issues? No Adheres to development plan policy? No Adverse comments from consultees? No Representation(s): ► 0 Objection letters ► 0 Support letters ► 0 Comment letters 3b 27
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Planning Application Delegated Report 1 Application Summary 1.1 The applicant seeks detailed planning consent for the change of use of a vacant ground floor retail unit at 37 Main Street, Douglas to form a ground floor studio flat. The application site is located within an established residential area, within the Douglas Conservation Area. 1.2 The application site consists of a vacant ground floor retail unit, set within a 1.5 storey building on the Main Street. The unit only takes up a small section of the ground floor, with the remainder of the building and surrounding properties being used for residential purposes. There are some commercial properties to the south of the site, within the local centre. It is understood that the unit was previously used as an antiques/collectables shop, however it has been vacant for some time. 1.3 The proposal is to change the use of the property to form a residential studio flat. It would consist of a single living space, with a small shower room/WC. No external alterations are proposed to the property and there would be no enlargement of the size of the property associated with this proposal. The applicant has advised that it is intended to be used occasionally by the owner when visiting the area, however in planning terms it would need to be considered as a general residential flat. In addition, the applicant has advised that whilst there is no external bin storage associated with the building, waste would be stored within the flat until collection day. 2 Representation(s) 2.1 Statutory neighbour notification was undertaken in respect of this application, and the proposal was further advertised in the local press. No letters of representation have been received in connection with this proposal. 3 Assessment and Conclusions 3.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. In this case, the development plan comprises the approved National Planning Framework 4 2023 (NPF4) and the adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). 3.2 With regards to the principle of the development, the site is located within the general urban area. SLLDP2 Policy 3 states that within such areas, residential developments on appropriate sites will generally be acceptable and that proposals for uses that are ancillary to residential areas will be assessed on their individual merits. Particular consideration will be given to the likely impacts upon the amenity of the area including locally important greenspace, local services, proposed servicing, parking and access. Developments which would be detrimental to the amenity of residents and the wider community or to the character of the area will not be permitted. 3.3 In addition to the above, the site is also located within a designated Conservation Area. NPF4 Policy 7 states that development proposals in or affecting Conservation Areas will only be supported where the character and appearance of the Area and its setting is preserved or enhanced. Proposals will ensure that existing natural and built features which contribute to the character of the Conservation Area are retained. Similarly, SLLDP2 Policy NHE6 seeks to protect the character of Conservation Areas, with development being required to preserve or enhance its character and the design, materials, scale and siting of any development being appropriate to the environment. 28
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SLLDP2 Policy 14 states that development which would have a significant adverse impact upon such areas, following the implementation of mitigation measures, would only be permitted where the effects are outweighed by significant social or economic benefits. 3.4 With regards to the design, SLLDP2 Policy 5 - Development Management and Placemaking - seeks to ensure proposals take account of the principles of sustainable development, avoid significant adverse impact on the local area and include suitable access. SLLDP2 Policy DM1 seeks to ensure proposals promote quality and sustainability in design, layout and enhance or make a positive contribution to the surrounding area. NPF4 Policy 14 – Design, Quality and Place support proposals that are consistent with the six qualities of successful places. 3.5 NPF4 Policy 16 Quality Homes supports proposals for new housing on land allocated for that purpose. Development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision will be supported. The Policy also sets out the requirements for larger development sizes, different types of residential development, affordable housing contributions and situations where development proposals for new homes on land not identified within the LDP may be justified. 3.6 Finally, with regards to the local environment and sustainability, NPF4 Policy 1 and SLLDP2 Policy 2 require that when considering all development proposals significant weight will be given to the global climate and nature crises. NPF4 Policy 2 Climate Change and Mitigation expands on this, requiring all new developments to be sited and designed (1) to minimise lifecycle greenhouse gas emissions as far as possible and (2) to adapt the current and future risks from climate change. NPF4 Policy 3 – Biodiversity also requires development proposals to contribute to the enhancement of biodiversity in the local area. 3.7 Following a detailed assessment of this proposal, I am content that the principle of this development does not conflict with the principle of the development plan. The site is located within the urban area, where the change of use to a residential flat does not, in principle, raise any amenity concerns. In addition, no external alterations to the building are proposed and so, in principle, the proposal should raise no visual amenity concerns or concerns regarding the impact upon the Conservation Area. 3.8 There is, however, a fundamental issue with the proposal relating to the size of the property which impacts upon its suitability for use as a residential flat, and which consequently impacts upon its compliance with the relevant policies of the development plan. In this respect, the gross floor area of the entire property would be approximately 17 square metres, and it would consist of a single room serving as a kitchen, living space and bedroom, with a small shower room separate. Whilst there isn’t a specific minimum space specification for studio apartments in terms of planning guidance, this size is considered to be extremely small and below the minimum sizes set out in guidance by the Department for Communities and Local Government in England (37 square metres) and below the Glasgow Standard for one bedroom flats (32.5 square metres for one person, 47.5 for two people). There are also minimum sizes for flats under Building Regulations. 3.9 The proposal was considered against the relevant Building Regulations, and it is noted that there are several areas where it is unlikely to meet the required standards. In this respect, at least one metre of storage in required in the kitchen along with a worktop, and an unobstructed manoeuvring space is required. The apartment (living room/bedroom) should have a floor area of at least 12 square meters, and the floor area for the kitchen cannot be included in this calculation. Clear activity spaces are also required around the bed, wardrobe and chest of drawers. A designated area for drying washing is required, together with an area for bins (e.g. wheeled bins for refuse and recycling). Finally, the 29
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fabric of the building may need to be upgraded to improve insulation which may further reduce the internal floor space and technically as this is a new flat, it would not be exempt from the need to install sprinklers. 3.10 Planning and Building Regulations are, of course, two different forms of regulation and we would not normally consider in detail the impact of Building Regulations upon a proposal as part of a planning application. However, in this instance it confirms the assessment of the Planning Service that this property is too small to adequately accommodate a residential flat. Technically it fails to meet the minimum standards, and practically it would offer a low level of residential amenity to future residents due to its externally small space which does not comply with the relevant policies of the development plan. The small space would also practically require bins to be stored externally on a permanent basis on the street, as it is impractical to expect wheeled bins for refuse and recycling to be stored within the flat for weekly or fortnightly collection. There are existing properties that do not benefit from external bin storage, but it would not be appropriate to grant a new residential property on this basis, and particularly one located within a Conservation Area where the permanent storage of bins on the street would have a significant impact upon the character of the area. 3.11 It is noted from the supporting statement that the property is only intended to be used occasionally by the applicant, rather than as a permanent flat. This is noted, and it would be beneficial to bring the property back into productive use. Consideration has been given as to whether a personal consent could be justified in this instance, allowing for the applicant to use the property as desired but not for its general use as a residential flat. However, practically it is difficult for the Planning Service to control the tenure or future occupiers of a private property, and insufficient justification has been provided to define specifically what ‘occasional’ use would include, or why such occasional use should permit lower space standards than any other studio flat. In addition, the technical issues with the proposal in terms of Building Regulations would remain. As such, it is considered that the proposal needs to be assessed in the same way as any other proposed studio flat. 3.12 Given the above, it is considered that the proposed property is too small to serve as a studio flat that provides an adequate level of residential amenity to residents, and which provides sufficient external bin storage space to avoid adversely impacting upon the character of the Conservation Area. The appointed agent has been informed of this conclusion, and the applicant afforded the opportunity to reconsider the proposal, perhaps seeking to sell the property to expand one of the surrounding residential properties using this floor space, but they have sought a decision on this proposal. 3.13 No formal consultations were required to be undertaken in respect of this proposal, however informal advice on Building Regulations was sought from colleagues in Building Standards. No letters of representation have been received in connection with this application. 3.14 Given the above, it is considered that the proposal would have an adverse impact upon residential amenity, particularly that of future occupiers of the proposed studio flat, and upon the character and amenity of the Conservation Area. As such, the proposal does not comply with the relevant policies of the development plan and planning consent must be refused. There are no material considerations which would justify granting consent contrary to the development plan. 4 Reason for decision 4.1 Whilst the principle of a change of use of a ground floor retail unit to a ground floor studio flat at this location is generally acceptable, the proposed property is too small in size to 30
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provide an acceptable level of residential amenity to future residents, and the proposal would consequently be inconsistent with the six qualities of successful places. In addition, there is no external amenity space associated with the proposal, leading to refuse and recycling bins requiring to be stored on the street permanently, adversely impacting upon the character of the Conservation Area. As such, it is considered that the proposal does not fully comply with the relevant policies of the development plan (National Planning Framework 4 Policies 1, 2, 3, 7, 14 and 16 and the South Lanarkshire Local Development Plan 2 Policies 2, 3, 5, 14, DM1 and NHE6), and the application must therefore be refused. Delegating officer: Iain Morton Date: 22 December 2025 Previous references None List of background papers ► Application Form ► Application Plans ► National Planning Framework 4 (2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 27 August 2025 ► Newspaper Advert, Carluke Gazette dated 03 September 2025 ► Supporting Statement, KS Architectural dated 14 July 2025 ► Technical housing standards – nationally described space standard, Department for Communities and Local Government, March 2015 ► The Glasgow Standard, September 2017 ► The Glasgow Standard: Cost, Quality and Design Review (October 2025), Glasgow City Council ► Building Standards Division: Domestic Technical Handbook, Scottish Government, January 2025 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Andrew Muir, Planning Officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551843180 Email: andrew.muir2@southlanarkshire.gov.uk 31
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Planning Application Application number: P/25/0865 Reasons for refusal 01. The proposal would be contrary to Policy 3 - General Urban Areas and Settlements of the South Lanarkshire Local Development Plan 2, as the proposed residential flat is too small in size to provide an acceptable level of amenity for potential future residents of the property. 02. The proposal would be contrary to Policy DM1 - New Development Design of the South Lanarkshire Local Development Plan 2, as the size of the proposed residential flat does not respect the local context in terms of its physical size or proportion, and it does not include any external amenity space or bin storage facilities. 03. The proposal would be contrary to Policy 5 - Development Management and Placemaking of the South Lanarkshire Local Development Plan 2, as the proposed residential flat is too small in size to provide an acceptable level of amenity and the proposal is therefore inconsistent with the six qualities of successful places, specifically in terms of being healthy or pleasant. 04. The proposal would be contrary to Policy 14 - Design, quality and place of National Planning Framework 4, as the proposed residential flat is too small in size to provide an acceptable level of amenity and the proposal is therefore inconsistent with the six qualities of successful places, specifically in terms of being healthy or pleasant. 05. The proposal would be contrary to Policy 7 - Historic assets and places of National Planning Framework 4, as the proposed residential flat has no external amenity space and consequently refuse and recycling bins associated with the flat would need to be stored permanently on the public street, adversely impacting upon the character and amenity of the Conservation Area. 06. The proposal would be contrary to Policy NHE6 - Conservation Areas of the South Lanarkshire Local Development Plan 2, as the proposed residential flat has no external amenity space and consequently refuse and recycling bins associated with the flat would need to be stored permanently on the public street, adversely impacting upon the character and amenity of the Conservation Area. Reason(s) for decision Whilst the principle of a change of use of a ground floor retail unit to a ground floor studio flat at this location is generally acceptable, the proposed property is too small in size to provide an acceptable level of residential amenity to future residents, and the proposal would consequently be inconsistent with the six qualities of successful places. In addition, there is no external amenity space associated with the proposal, leading to refuse and recycling bins requiring to be stored on the street permanently, adversely impacting upon the character of the Conservation Area. As such, it is considered that the proposal does not fully comply with the relevant policies of the development plan (National Planning Framework 4 Policies 1, 2, 3, 7, 14 and 16 and the South Lanarkshire Local Development Plan 2 Policies 2, 3, 5, 14, DM1 and NHE6), and the application must therefore be refused. 32
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Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status Location Plan Refused L(--)001 Refused 33
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Site photographs and location plan Appendix 3 3c 35
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Photo 1 looking southwest 38
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Photo 2 looking northwest 39
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Planning Decision Notice and Reasons for Refusal Appendix 4 3d 41
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email andrew.muir2@southlanarkshire.gov.uk Phone: 07551843180 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Our Ref: P/25/0865 Your Ref: If calling ask for: Andrew Muir Khrum Syed KS Architectural Suite 01 Saffronhall Studios 2 Saffronhall Lane Hamilton ML3 6LS Date: 31 December 2025 Dear Sir/Madam Proposal: Change of use of retail unit to ground floor studio flat with associated alterations Site address: 37 Main Street, Douglas, Lanark, ML11 0QW, Application no: P/25/0865 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 Andrew Muir on 07551843180 Yours faithfully Head of Planning and Regulatory Services Enc: 3d 43
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Mr Ramzan and Armaan Amin Per: Khrum Syed 37 Main Street, Douglas, Lanark, ML11 0QW, KS Architectural, Suite 01 , Saffronhall Studios , 2 Saffronhall Lane, Hamilton , ML3 6LS With reference to your application received on 22.07.2025 for planning permission under the above mentioned Act: Description of proposed development: Change of use of retail unit to ground floor studio flat with associated alterations Site location: 37 Main Street, Douglas, Lanark, ML11 0QW, 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: 31st December 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/25/0865 44
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/25/0865 Reason(s) for refusal: 01. The proposal would be contrary to Policy 3 - General Urban Areas and Settlements of the South Lanarkshire Local Development Plan 2, as the proposed residential flat is too small in size to provide an acceptable level of amenity for potential future residents of the property. 02. The proposal would be contrary to Policy DM1 - New Development Design of the South Lanarkshire Local Development Plan 2, as the size of the proposed residential flat does not respect the local context in terms of its physical size or proportion, and it does not include any external amenity space or bin storage facilities. 03. The proposal would be contrary to Policy 5 - Development Management and Placemaking of the South Lanarkshire Local Development Plan 2, as the proposed residential flat is too small in size to provide an acceptable level of amenity and the proposal is therefore inconsistent with the six qualities of successful places, specifically in terms of being healthy or pleasant. 04. The proposal would be contrary to Policy 14 - Design, quality and place of National Planning Framework 4, as the proposed residential flat is too small in size to provide an acceptable level of amenity and the proposal is therefore inconsistent with the six qualities of successful places, specifically in terms of being healthy or pleasant. 05. The proposal would be contrary to Policy 7 - Historic assets and places of National Planning Framework 4, as the proposed residential flat has no external amenity space and consequently refuse and recycling bins associated with the flat would need to be stored permanently on the public street, adversely impacting upon the character and amenity of the Conservation Area. 06. The proposal would be contrary to Policy NHE6 - Conservation Areas of the South Lanarkshire Local Development Plan 2, as the proposed residential flat has no external amenity space and consequently refuse and recycling bins associated with the flat would need to be stored permanently on the public street, adversely impacting upon the character and amenity of the Conservation Area. Reason(s) for decision Whilst the principle of a change of use of a ground floor retail unit to a ground floor studio flat at this location is generally acceptable, the proposed property is too small in size to provide an acceptable level of residential amenity to future residents, and the proposal would consequently be inconsistent with the six qualities of successful places. In addition, there is no external amenity space associated with the proposal, leading to refuse and recycling bins requiring to be stored on the street permanently, adversely impacting upon the character of the Conservation Area. As such, it is considered that the proposal does not fully comply with the relevant policies of the development plan (National Planning Framework 4 Policies 1, 2, 3, 7, 14 and 16 and the South Lanarkshire Local Development Plan 2 Policies 2, 3, 5, 14, DM1 and NHE6), and the application must therefore be refused. 45
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Notes to applicant Application number: P/25/0865 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 Location Plan Refused L(--)001 Refused 46
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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. 47
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Notice of Review (including Statement of Reasons for Requiring the Review) submitted by applicant Ramzan and Armaan Amin Appendix 5 3e 49
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Notice of Review Form Page 2 of 4 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 4. Assessment of review documents only, with no further procedure X 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 consider the documents and site context sufficient for determination, but would welcome a site inspection to understand the physical constraints of the unit and surrounding area. 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 X No 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: 52
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Notice of Review Form Page 3 of 4 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. Please see attached Planning Appeal Statement prepared by KS Architectural which sets out the full basis for this review, including all grounds of appeal, site context, and supporting evidence. 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. 53
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Notice of Review Form Page 4 of 4 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. 1. Planning Appeal Statement 2. Refusal Notice 3. Original Application Form 4. Original Drawings – Location Plan, Existing Plan & Proposed Layouts 5. Original Supporting Statement 6. Notice of Review Form 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 X 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: K. Syed Date: 21/03/2026 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 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) 54
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 Planning Appeal Statement 37 Main Street Douglas South Lanarkshire ML11 0QW Planning Application Reference: P/25/0865 This statement has been prepared in support of a planning appeal following the refusal of the above application. It sets out the case for allowing the proposed change of use based on material planning considerations, site-specific context, and alignment with relevant national policy. 55
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 1. Introduction This statement has been prepared in support of an appeal following the refusal of planning application P/25/0865 for the change of use of a disused ground-floor commercial unit at 37 Main Street, Douglas, to a modest self-contained studio flat for occasional personal occupation by the owner. No external alterations are proposed. The use would be owner-occupied, low-intensity, and intended to bring the building back into meaningful use. The refusal cited concerns relating to internal space standards, refuse storage, and perceived non-compliance with National Planning Framework 4 (NPF4) Policy 14 – Design, Quality and Place. However, when considered in the context of the site, the rural village setting, and the limited scale of the proposed use, the proposal represents a reasonable, sustainable and proportionate reuse of an otherwise redundant building. 2. Local Context Douglas is a rural village with a population of approximately 1,600 inhabitants. Like many small settlements across Scotland, it has experienced a decline in traditional retail and commercial activity. This has resulted in a growing number of vacant or underused buildings along Main Street and nearby streets. Examples include: • 2 Main Street – vacant residential dwelling • 15 Main Street – former shop now closed • 47 Main Street – former countryside inn with flat above, now closed • Douglas Arms Hotel – located at the junction of Main Street and Ayr Road, closed since January 2022 and currently in a visible state of disrepair. The appeal property lies within the Douglas Conservation Area and sits between residential properties. Historically the building formed part of a dwelling before later being converted to commercial use. 56
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 The property has remained vacant for some time and, without a viable alternative use, there is a risk that it may remain underused and gradually deteriorate. 3. Grounds of Appeal a) No Objections or Amenity Concerns The application attracted no objections from neighbours or consultees. This suggests local acceptance of the proposal and indicates that a quiet, low-impact residential use would be preferable to potential commercial reoccupation, which could generate greater activity or disturbance. The proposed studio would generate no harm to residential amenity, including privacy, noise, traffic or overlooking. b) Commercial Reuse Is Not Viable The building is not suited to modern commercial use due to several inherent constraints: • Constrained internal layout limiting commercial flexibility • Lack of level access, raising difficulties in relation to accessibility requirements • No rear servicing access • Limited frontage and visibility for commercial activity • Absence of dedicated parking or servicing space. Accessibility alone presents a significant barrier to meaningful commercial reuse. Retrofitting the unit to meet modern commercial requirements would require disproportionate intervention and would not be appropriate within the Conservation Area. 57
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 c) Incorporation into Neighbouring Properties Is Not Feasible It has been suggested that the property could be incorporated into one of the neighbouring dwellings. However, the property was previously marketed for sale and neighbouring owners were aware of the opportunity to purchase it. No neighbouring owners expressed interest, this could be due to: • the cost of acquisition • the renovation works required • potential implications for council tax banding. It would therefore be unreasonable to rely upon this hypothetical option as a basis for refusing a viable alternative use. d) Alignment with NPF4 – Policy 14 NPF4 Policy 14 – Design, Quality and Place requires development to contribute to the six qualities of successful places: • Healthy • Pleasant • Connected • Distinctive • Sustainable • Adaptable The proposal aligns with these principles as follows: 58
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 Healthy The studio provides a modest personal retreat that supports wellbeing. Pleasant No external alterations are proposed and the existing character of the Conservation Area is preserved. Connected The property is located centrally within the village and within walking distance of local services. Distinctive The proposal retains and reuses an existing building within the historic streetscape. Sustainable The reuse of an existing building prevents long-term vacancy and avoids unnecessary redevelopment. Adaptable The applicant is willing to accept planning conditions restricting use and ensuring long- term control by the planning authority. While the accommodation is compact, the proposed studio exceeds the 12m² minimum apartment floor area and is intended for occasional use rather than permanent residential occupation. e) Community and Economic Contribution Bringing the building back into use would: • Improve the appearance of Main Street • Provide passive surveillance and discourage antisocial behaviour • Ensure the building remains maintained • Contribute through Council Tax revenue Vacant commercial properties may benefit from business rate relief, meaning they contribute less to local revenue while remaining unused. 59
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 f) Personal Circumstances and Purpose This is not a speculative development. It is a deeply personal project intended as a private retreat to support the owner’s mental health and wellbeing following the death of his father. There is no rental or resale intention. The low-impact, non-commercial nature of the proposal aligns with community and placemaking objectives and seeks to restore, rather than intensify, this part of the village. g) Willingness to Accept Planning Conditions The applicant remains willing to accept reasonable planning conditions, including: • a restriction preventing short-term letting • a requirement that the property revert to commercial use if sold. These safeguards would ensure the planning authority retains appropriate control over the future use of the property. The refusal to consider conditional approval — despite the absence of objections, the low-impact nature of the proposal, and the flexibility offered — appears unreasonable and procedurally inflexible. 4. Refuse and Waste Management The decision notice raises concerns that the absence of external amenity space could result in refuse containers being stored on the public street. However, the proposed use differs significantly from a conventional residential dwelling as the property would be occupied only occasionally. The volume of waste generated would therefore be minimal and intermittent. It is also relevant that if the premises were to operate as a commercial unit, it would likely generate a greater quantity of waste through normal business activities than the limited waste associated with the proposed occasional residential use. The scale and frequency of use therefore means waste generation would be very limited and manageable. 60
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 5. Planning Balance and Proportionality It is important that the proposal is assessed proportionately in relation to its scale and context. The proposal has effectively been assessed as though it were a conventional full-time residential flat. However, the intended use is occasional and low-intensity, and therefore differs materially from a typical dwelling. It is also necessary to consider the realistic future of the property should planning permission be refused. The unit has remained vacant for a prolonged period and is not well suited to modern commercial use due to its limited size and accessibility constraints. Without a viable alternative use there is a significant risk that the building will remain vacant and may gradually fall into further disrepair. In this context, the proposed development represents a pragmatic and sustainable solution that secures the long-term maintenance and occupation of the building while preserving the character of the Douglas Conservation Area. 61
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 6. Conclusion The proposed change of use represents a proportionate and sensible reuse of a small vacant building. The proposal: • Attracts no objections • Aligns with the six placemaking principles of NPF4 • Respects the historic fabric and streetscape • Serves a genuine personal and community need • Poses no harm to amenity, infrastructure, or character • Offers clear conditions to control future use • Reuses an existing building within the village centre • Preserves the character of the Conservation Area • Avoids long-term vacancy and deterioration • Represents a low-intensity and controlled use For these reasons it is respectfully submitted that the refusal of planning permission should be reconsidered. 62
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Prepared by; KS Architectural – Appeal Statement 21.03.2026 Appendix A - Photo 01 63
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Refusal Notice attached as Appendix 4 64
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Original Application Form attached as Appendix 1 65
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37 Main Street, Douglas, Lanark, ML11 0QW © Crown copyright and database rights 2025 OS 100054135. Map area bounded by: 283457,630717 283599,630859. Produced on 22 July 2025 from the OS National Geographic Database. Supplied by UKPlanningMaps.com. Unique plan reference: p2f/uk/1283925/1726620 66
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5655 450 1200 450 1070 460 1180 290 3420 5100 3590 3420 2280 1510 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 & Proposed Layout 10th July 2025 Proposed Change of Use from Commercial Premises to Studio FlatMr Ramzan & Armaan Amin 37 Main Street Douglas ML11 0QW For Planning Permission Proposed Works at 37 Main Street, Douglas, ML11 0QW "Proposed Change of Use from Commercial Unit to Residential Studio Flat. Internal reconfiguration to form open-plan living/sleeping space with kitchenette and separate bathroom. No external alterations proposed." 0 1 2 3 scale bar (1:50) metres Proposed Plan scale 1:50 @ a2 Existing Plan scale 1:50 @ a2 Application Property Existing Front Elevation (Unaltered) scale 1:50 @ a2 Window (w02)Entrance Door (ED01)Window (w01) Application Property Neighbouring Property Neighbouring Property Neighbouring Property Window (w02)Entrance Door (ED01)Window (w01) Window (w02)Entrance Door (ED01)Window (w01) Area = 17.4m2 Studio Apartment Area = 14.0m2 Bathroom Area = 2.9m2 Site Plan scale 1:500 @ a2 Site Boundary 0 10 20 scale bar (1:500) metres Kitchenette North EastWest South North East West South Accommodation Schedule Space Area (m²) Area (ft²) Studio Apartment 14.0 m² 150.7 ft² Bathroom 2.9 m² 31.2 ft² Total GIFA 16.9 m² 181.9 ft² Application Property front elevation (facing South East) Streetview from front of application property (facing South West) Streetview from front of application property (facing North East) Street View image © Google, captured from Google Maps – used here for contextual reference only. 67
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Prepared by; KS Architectural – Planning Submission 14/07/2025 South Lanarkshire Council Planning Application 37 Main Street Douglas South Lanarkshire ML11 0QW Change of use from ground floor commercial unit to residential studio flat for owner occupation. No external alterations proposed. Internal works only to create open-plan living space and bathroom within existing footprint. 68
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Prepared by; KS Architectural – Planning Submission 14/07/2025 1. Introduction This statement is submitted in support of a full planning application for the change of use of a small ground floor commercial unit at 37 Main Street, Douglas, to a studio flat with kitchenette and bathroom. The unit will be used occasionally by the owner when visiting the area. No external alterations are proposed. The owner’s primary motivation is to bring the building back into meaningful use with a long-term purpose, ensuring the building is maintained and not allowed to fall into disrepair, while contributing positively to the surrounding streetscape. 2. Site and Context The property is located within the Douglas Conservation Area and lies on a quiet section of Main Street. The surrounding properties in the immediate vicinity are predominantly residential in nature, and the attic space above the application site forms part of an adjoining residential property. While there are a few commercial premises elsewhere along Main Street, this part of the village is largely domestic in scale and use. 3. Proposed Development • Use Class: Change from Class 1 (shop or similar commercial use) to Class 9 (residential dwelling). • Layout: The proposed development comprises a single-room studio flat with kitchenette and a private bathroom. • Occupancy: The flat will be used occasionally by the owner for private use while visiting the area. • External Works: No external alterations are proposed. The existing sandstone frontage, windows, and access will be retained and maintained. 4. Planning Policy Context a) South Lanarkshire Local Development Plan 2 (LDP2) Douglas is identified as a small settlement where the re-use of vacant or underused buildings is encouraged, particularly where proposals support the long-term sustainability and vitality of the village. 69
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Prepared by; KS Architectural – Planning Submission 14/07/2025 b) Douglas Conservation Area Guidance The proposal aligns with conservation policies by: • Retaining the existing built form and architectural character; • Avoiding any visual or material change to the public elevation; • Ensuring continued maintenance of a traditional building in accordance with conservation area objectives. c) Precedent and Policy Interpretation The Council has previously supported the change of use of small commercial units on Main Street, Douglas, where the proposals were modest in scale, involved limited or no external alterations, and were compatible with the surrounding residential character. These decisions reflect a pragmatic and context-sensitive approach to sustaining the vitality of the village and making effective use of underutilised premises. The current proposal aligns closely with these principles, involving a small-scale conversion for single occupancy, located within a quiet and predominantly residential part of the conservation area, and with no external works that would affect the street scene or architectural integrity of the building. 5. Justification and Impact The property is situated on a particularly quiet section of Main Street, away from the more active or service-oriented parts of the village. It lacks the visibility, footfall, and surrounding commercial context needed to sustain a viable business. The internal floor area is limited, and although there is space for signage, any such addition would detract from the sandstone frontage and the character of the conservation area. The building does not offer wide or level access, making commercial use less practical from an accessibility standpoint. The scale of the space, the lack of servicing opportunities, and the surrounding residential pattern make it unsuitable for a meaningful business use. Residential conversion is therefore the most logical and sustainable use in this context. While the proposal does not include off-street parking due to the constrained nature of the site and lack of curtilage, on-street parking is available directly outside the property and is commonly used by neighbouring properties along Main Street. Importantly, there 70
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Prepared by; KS Architectural – Planning Submission 14/07/2025 are no parking restrictions on this section of the street, allowing for flexible short- and long-term parking. The studio is intended for single occupancy and will not result in a material increase in traffic or parking demand. Given the scale of the development and its alignment with the historic streetscape of Douglas, the absence of dedicated parking is considered acceptable and consistent with the Council’s approach to small-scale conversions within conservation areas. Due to the compact scale of the proposed studio flat (16.9 m²) and the lack of external curtilage, on-site bin storage is constrained. In practice, a smaller 80L bin or equivalent solution is proposed, in line with the limited volume of waste expected from a single occupant. Waste will be managed via internal bins and set out for kerbside collection in accordance with the Council’s waste service protocols. This approach reflects a pragmatic solution for managing waste in a constrained setting, typical of traditional village environments where individual bin storage is not always feasible. In addition, the owner intends to remove any household waste with him when he leaves the property, minimising the need for prolonged on-site bin storage and ensuring that waste does not accumulate indoors. The title documentation confirms that the property has no dedicated outdoor curtilage. However, this is not unusual for traditional properties along Main Street, many of which lack private gardens or bin stores. In this case, the lack of garden space is not considered a drawback; the countryside setting of Douglas provides ample access to open space and is part of the property's appeal to the owner. Despite the absence of outdoor space, the scale of the development — a studio flat for single occupancy — means that waste generation will be minimal. Waste will be managed using a smaller-capacity domestic bin (e.g. 80L), suitable for limited volumes. This bin will not be stored permanently in public view; it will be brought out only on collection days and removed promptly thereafter. In addition, the owner intends to remove waste with him when vacating the property, further reducing the need for on-site storage. This arrangement reflects a pragmatic and responsible approach to waste in a constrained setting. It ensures that there is no negative impact on amenity or the character of the conservation area. 71
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Prepared by; KS Architectural – Planning Submission 14/07/2025 6. Conclusion The proposed change of use represents a sustainable reuse of an underutilised building, consistent with the pattern of neighbouring residential properties and with no external alteration or visual disruption to the conservation area. It aligns with local and national planning policy objectives and is supported by clear precedent. The proposal will enable the owner to bring a long-underused unit back into beneficial use, preserving the building and contributing to the vitality of Main Street. 7. Submission Document • This supporting statement • Location Plan • L(--)001 – Existing and Proposed layout 72
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Further Representation Further Representation From Statement of Observations from Planning Officer on Applicant’s Notice of Review Appendix 6 3f 73
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Notice of Review - Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Planning Application No. P/25/0865 Proposal: Change of use of retail unit to ground floor studio flat with associated alterations at 37 Main Street, Douglas, Lanark, ML11 0QW Appellant: Mr Ramzan and Armaan Amin In respect of the Statement of Case for this Notice of Review, the Report of Handling associated with application P/25/0865 provides a detailed assessment of all material planning considerations associated with this appeal and the Planning Service requests this document is referred to in terms of the Notice of Review. Specific responses to additional information contained in the appellants Statement of Case are listed below:- 1) The appeal statement notes the context of Douglas as a small rural settlement which has experienced a decline in traditional retail and commercial activity. This has resulted in a growing number of vacant and underused buildings, with a number of examples cited. Without a realistic alternative use, the property risks similar long-term decline. The economic challenges of rural businesses and retail/commercial units are noted, and it would be welcome to bring the property back into productive use. However, any proposed change of use of the property must be considered carefully against the relevant policies of the development plan and in this instance, there are significant amenity concerns with the proposal, specifically in terms of its extremely small size, lack of acceptable residential amenity, and lack of appropriate bin storage arrangements. 2) The appeal statement lists a number of barriers to commercial reuse of the building, and advises that the incorporation of the unit into one of the adjacent dwellings has been considered, but that there was no interest. Concerns were noted over the cost of acquisition and renovation, limited benefit and the potential impact upon Council Tax banding from a larger property. It is noted that the small size of the property limits the number and types of businesses that could successfully operate from the current unit. It is in this context, and given the concerns the lead to the refusal of the application to convert it into a studio flat, that another option was raised. Incorporating the unit within one of the surrounding properties, as it originally would have formed part of a larger property. It is noted that this has been explored and is not currently favoured by surrounding householders for financial reasons and as they do not need additional space, but it remains a viable option to successfully re-use the space. 3) The appeal statement asserts that the proposal would meet the 6 qualities 3f 75
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of successful places, and states that the property exceeds the 12 square metre minimum apartment floor area. Whilst the principle of this form of development is generally acceptable, the small size of the proposed residential flat is such that it would not provide an acceptable level of amenity for residents. The proposal therefore cannot fully comply with the six qualities of successful places. As noted in the Report of Handling, there is no specific minimum apartment floor area under Scottish planning legislation, however the properties floor area is much smaller than the guidance prepared by the Department for Communities and Local Government in England (37 square metres) for the minimum size of flats and below the Glasgow Standard for one bedroom flats (32.5 square metres for one person, 47.5 for two people). It is also considered that it would be challenging for this proposal to fully comply with the relevant building standards as the apartment (specifically referring to the living room/bedroom area in this context) should have a floor area of at least 12 square meters with additional storage space required in the kitchen area, together with space for clothes drying and bins. However, this would be assessed separately by Building Standards, as appropriate. 4) The appeal statement advises that the accommodation is intended to occasional use as a ‘private retreat’ and is not intended as a full-time residential flat, warranting a proportionate policy interpretation. It should not be assessed in the same way as a conventional residential flat. The owner is reported to be willing to accept conditions to prevent the short-term letting of the unit and to revert it to commercial use if sold. The refusal to consider this form of use and the use of conditions to control the future use of the property is viewed as unreasonable and procedurally inflexible. This matter has been considered as part of the assessment of the planning application, and has been covered in the Report of Handling. The Planning Service could not practically monitor or control the future occupiers of a residential flat, or how often they used it. No specific definition of ‘occasional’ use was provided with the planning application, and its use as a ‘private retreat’ is similarly vague. As such, the Planning Service is required to assess the proposal in the same manner as any other residential flat, and consider the amenity of any future residents. It is noted that the applicant is willing to accept the limited amenity of the proposal, and consideration was given as to whether a personal consent could be justified in this instance, allowing for the applicant to use the property as desired, but not for its general use as a residential flat. However, such conditions are rare, and it is practically difficult for the Planning Service to control the tenure or future occupiers of a private property. Generally, occupancy restriction conditions are limited to the houses of essential rural workers, where that rural business and the demonstrated essential need for an associated dwelling was part of the justification for the new property. In addition, the technical issues with regards to compliance with Building Regulations would 76
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remain. As such, this was not considered to be appropriate in this instance. 5) The appeal statement reports that, given the occasional ‘private retreat’ use of the proposed property, minimal waste would be generated which could be managed by the owner without bins being stored on the street. It is also noted that if the property were operated as a commercial unit, it would likely generate a greater quantity of waste compared to domestic use. The proposal seeks consent to change the use of the property to a studio flat, and the Councils refuse arrangements would require a refuse bin, together with recycling bins to be provided to serve residents. Where space or access is limited, the Council can consider other arrangements such as communal bins, but some form of external bin storage would still be required. There is no external space within the application site to store bins, and so they would be on street permanently. It would not be reasonable or practical to require residents to dispose of their householder waste and recycling routinely at one of the Waste and Recycling Centres. With regards to commercial waste, it is noted that waste generation would depend greatly on the type of business and any change of use of the unit from a Class 1A use (retail, professional services and similar uses) would require a planning application, at which stage waste storage could be considered and controlled as appropriate. 6) The appeal statement lists several community and economic benefits resulting from the proposal including Council Tax contributions, increasing natural surveillance in the area, the re-engagement of the owner with the local community and the prevention of further deterioration of the building. The benefits of bringing the property back into productive use are noted, but they do not allow the amenity concerns of the proposal to be overlooked or excused. 77
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Suggested conditions:- 1) The development to which this permission relates shall be begun no later than the expiration of three years beginning with the date of grant of this decision notice. Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended). 2) That before the studio flat hereby approved is occupied, details of the storage and collection of refuse from the property shall be submitted to and approved by the Council as Planning Authority. Thereafter, the approved scheme shall be implemented and thereafter maintained to the satisfaction of the Council as Planning Authority. Reason: To ensure that adequate refuse arrangements are provided that do not prejudice the enjoyment of future occupiers of the property or neighbouring occupiers of their properties, to ensure that a satisfactory external appearance is achieved and to ensure that appropriate access is available to enable refuse collection. 3) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any such order revoking or re- enacting that order), the use of the property hereby approved shall be restricted to use as flatted accommodation only, and for no other purpose without the prior written consent of the Council as Planning Authority. Reason: To ensure that the Council retains control over future developments on the site. 78
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Applicant’s Comments on Further Representations Submitted by Interested Parties in the Course of the Notice of Review Consultation Process Appendix 7 3g 79
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Prepared by; KS Architectural – Appeal Statement 23.04.2026 Planning Appeal Statement Further statement in support of Notice of Review 37 Main Street Douglas South Lanarkshire ML11 0QW Planning Application Reference: P/25/0865 This statement has been prepared in support of a planning appeal following the refusal of the above application. It sets out the case for allowing the proposed change of use based on material planning considerations, site-specific context, and alignment with relevant national policy. 3g 81
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Prepared by; KS Architectural – Appeal Statement 23.04.2026 1. Introduction This statement is submitted in response to the Planning Service’s comments on the Notice of Review. It focuses on the key issues raised, namely residential amenity, refuse storage, and the assessment of the proposed use. The appellant maintains that the proposal represents a proportionate and appropriate reuse of a small, vacant unit within the Douglas Conservation Area. 2. Residential Amenity and Unit Size The Planning Service raises concerns regarding the size of the proposed studio and its ability to provide an acceptable level of residential amenity. It is acknowledged that the accommodation is compact. However, it is important to note that: • There is no minimum residential floor area standard within Scottish planning policy • References to English or Glasgow standards are guidance only and not determinative in this case • Compliance with internal space and layout standards is a matter for Building Standards, which is a separate regulatory regime The proposal has therefore been assessed against standards that are not directly applicable within the planning system. Furthermore, the intended use is for occasional personal occupation, not continuous residential use. As such, the expectations placed upon the accommodation should be considered proportionately, reflecting its limited intensity of use. 3. Refuse Storage The Planning Service maintains that adequate refuse provision cannot be achieved due to the absence of external space. However, it is noted that the suggested conditions accompanying the Council’s response include: “details of the storage and collection of refuse… shall be submitted to and approved…” This clearly demonstrates that the matter of refuse storage is capable of being addressed by condition. It is therefore considered that refuse arrangements should not form a reason for refusal, particularly where the scale of use is limited and the issue can be resolved through a standard planning condition. It is also relevant that the requirement for waste storage is not unique to residential use. If the premises were to operate as a commercial unit, it would still require appropriate arrangements for waste storage and collection. Depending on the nature of the 82
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Prepared by; KS Architectural – Appeal Statement 23.04.2026 business, commercial uses can generate equal or greater volumes of waste than the limited domestic use proposed. In this context, the issue of refuse storage is a constraint of the building itself, rather than being specific to the proposed use. It is therefore reasonable to consider whether this constraint should prevent any viable use of the property, particularly where the proposed use would result in minimal and intermittent waste generation. 4. Nature of Use and Proportionality The Planning Service has indicated that the proposal must be assessed in the same manner as a conventional residential flat, due to the difficulty in controlling occupancy or frequency of use. While this position is noted, it is considered that a proportionate planning judgement should still be applied. The proposal relates to: • a single, very small unit • no external alterations • no impact on neighbouring amenity • a building that is currently vacant and constrained Planning decisions should reflect the scale, context and impact of development. In this instance, the proposal represents a low-intensity and site-specific use, which differs materially from a standard residential flat. 5. Alternative Use and Realistic Outcome The Planning Service suggests that incorporation into neighbouring properties remains a viable option. However, this has already been tested in practice: • The property was marketed for sale • Neighbouring owners were aware of the opportunity • No interest was expressed Similarly, the limitations of the building significantly restrict its viability for modern commercial use. In reality, refusal of the application is likely to result in: • continued vacancy • lack of maintenance • gradual deterioration of the property This would represent a poorer planning outcome, particularly within the Conservation Area. 83
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Prepared by; KS Architectural – Appeal Statement 23.04.2026 6. Planning Balance When assessed in the round, the proposal offers: • Reuse of a vacant building • No harm to neighbouring amenity • Preservation of the character of the Conservation Area • A low-intensity use appropriate to the building • A solution where no viable alternative use exists In contrast, refusal would likely result in the building remaining unused and declining over time. 7. Conclusion The Planning Service has acknowledged both the challenges associated with commercial reuse and the potential to address matters such as refuse storage through condition. In this context, the proposal represents a pragmatic and proportionate solution for the future of this property. The Local Review Body is therefore respectfully requested to take a balanced and flexible approach, and to allow the appeal. 84
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Report Agenda Item Report to: Planning Local Review Body Date of Meeting: 11 May 2026 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Case – Application P/25/0752 for Subdivision of Garden Ground and Erection of 3 Storey Dwelling House with Associated Access at 37 Blairston Avenue, Bothwell 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: Mr and Mrs C Connolly Proposal: Subdivision of Garden Ground and Erection of 3 Storey Dwelling House with Associated Access Location: 37 Blairston Avenue, Bothwell, G71 8SA Council Area/Ward: 16 – Bothwell and Uddingston 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 85
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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 X Site inspection 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. 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/Copies of representation(s) (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. 86
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6. Notice of Review Consultation Process 6.1. A 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(s) received. No comments on the further representation(s) were received from the applicant. Jackie Taylor Executive Director (Finance and Corporate Resources) 27 April 2026 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent We will work towards a sustainable future in sustainable places Caring, connected, sustainable communities 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:- Tracy Slater, Administration Adviser Tel: 07385 370089 E-mail: tracy.slater@southlanarkshire.gov.uk 87
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Planning Application Form Appendix 1 4a 89
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Page 1 of 7 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 100716687-001 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 Erection of deteched dwelling 4a 91
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Page 2 of 7 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: * DTA Other Mr & Mrs DTA C . Connolly Montgomery Street Montgomery Street 9 9 01355260909 G74 4JS G74 4JS Scotland Scotland East Kilbride East Kilbride The Village The Village katie.macmillan@dta.scot katie.macmillan@dta.scot 92
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Page 3 of 7 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 describe 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. 663.00 Vacant plot South Lanarkshire Council Land between 37 and 41 Blairston Avenue Bothwell G71 8SA 93
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Page 4 of 7 Are you proposing any change to public paths, public rights of way or affecting any public right of access? * Yes No If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including arrangements for continuing or alternative public access. How many vehicle parking spaces (garaging and open parking) currently exist on the application Site? How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the Total of existing and any new spaces or a reduced number of spaces)? * Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces). Water Supply and Drainage Arrangements Will your proposal require new or altered water supply or drainage arrangements? * Yes No Are you proposing to connect to the public drainage network (eg. to an existing sewer)? * Yes – connecting to public drainage network No – proposing to make private drainage arrangements Not Applicable – only arrangements for water supply required Do your proposals make provision for sustainable drainage of surface water?? * Yes No (e.g. SUDS arrangements) * Note:- Please include details of SUDS arrangements on your plans Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation. 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 0 3 94
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Page 5 of 7 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. 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 Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Please see plans 1 95
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Page 6 of 7 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: DTA . On behalf of: Mr & Mrs C Connolly Date: 25/06/2025 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 96
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Page 7 of 7 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: . DTA . Declaration Date: 25/06/2025 Payment Details Pay Direct Created: 25/06/2025 21:06 97
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Report of Handling Report dated 2 December 2025 by the Council’s Authorised Officer under the Scheme of Delegation Appendix 2(a) 4b 99
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Reference no. P/25/0752 Delegated Report Date 02/12/2025 Planning proposal: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Location: 37 Blairston Avenue, Bothwell, Glasgow, South Lanarkshire, G71 8SA Application Type : Detailed planning application Applicant : Mr And Mrs C Connolly Location : 37 Blairston Avenue, Bothwell, Glasgow, South Lanarkshire, G71 8SA Decision: Other action/note s: Application refused (1) Report by: Area Manager Policy reference: National Planning Framework 4 (adopted 2023) Policy 1 - Tackling the climate and nature crises Policy 2 - Climate mitigation and adaptation Policy 3 - Biodiversity Policy 14 - Design, quality and place Policy 15 - Local Living and 20 minute neighbourhoods 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 DM1 - New Development Design Policy DM3 - Subdivision of Garden Ground Assessment Impact on privacy? No Impact on sunlight/daylight? No Impact on amenity? No Traffic issues? No Adheres to development plan policy? Yes Adverse comments from consultees? No 4b 101
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Consultations Summary of response No consultations required. Representation(s): ► 5 Objection letters ► 0 Support letters ► 0 Comment letters 102
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Planning Application Delegated Report 1 Application Summary 1.1 The applicant seeks detailed planning permission for the sub-division of garden ground and the erection of detached dwellinghouse with associated works on land at 37 Blairston Avenue, Bothwell. The application site is located within an established residential area. 1.2 The application site consists of an existing detached property and its garden ground. Due to the sloping topography of the site, the existing dwellinghouse has a single storey appearance to the streetscape and three storey to the rear. 1.3 The proposal is for the sub-division of the garden ground to the west of the existing dwellinghouse and for the erection of a 3 storey dwellinghouse. This would be similar to the existing dwellinghouse in that, as a result of the topography of the site, the proposed dwelling would appear single storey from the front of the site and three storeys to the rear. This proposed new dwelling would be of a modern style with white roughcast for the walls, black uPVC windows and black brick for the porch, with a pitched roof covered in grey concrete roof titles. Large, glazed doors and balconies would be installed on the 1st and 2nd floor to the rear elevation. A new vehicular access would be created, providing three new parking bays to the front of the site and a bin storage area formed to the front (east) of the property. 2 Representation(s) 2.1 Statutory neighbour notification was undertaken in respect of this proposal. Five letters of objection have been received as a result of this publicity and the matters raised can be summarised as follows: Material Considerations: • Density of development. • Additional traffic, parking and road safety linked to the proposed house. • Visual impact and overdevelopment of the site. • Concerns regarding the design being out of character and the negative impact on the streetscape. • Concerns regarding parking, traffic and access Non-material considerations: • Noise and disturbance linked to construction works. • Traffic and parking linked to construction works. • Loss of view. 2.2 These issues are considered within section 3 of this report. 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. 103
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3.2 Principle of Development In terms of the principle of the development, the application site is located within the settlement boundary and within an established residential area where the principle of residential development would generally be acceptable. Policy 3 of the SLLDP2 - General Urban Areas and Settlements advises that developments which would be detrimental to the amenity of residents and the wider community or to the character of the surrounding area will not be permitted. This will be assessed in section 3.7 (Layout, Siting and Design). 3.3 Climate Change and Biodiversity Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify that all development should seek to minimise and mitigate the effects of climate change. Policy SDCC7 of the SLLDP2 seeks to minimise the carbon emissions from new buildings. Additionally, the Council has other mechanisms to promote sustainable development such as through the Building Standards Service. Therefore, the proposal is not considered contentious in terms of carbon emissions and climate change. 3.4 Policy 3 – Biodiversity of NPF4 aims to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. No information was submitted regarding biodiversity, however if the proposal had otherwise been acceptable, further information and measures could have been requested and/or agreed for this proposal. 3.5 Layout, Siting and Design Policy DM3 of SLLDP2 – Sub-division of Garden Ground supports the development of a new house within the curtilage of an existing house only where set criterion is met. This includes, that the proposed house should be of a scale, massing, design, and material that is sympathetic to the character and pattern of development in the area. It should not result in a development that appears cramped, visually obtrusive or is of an appearance which is out of keeping with the established character, or is harmful to the amenity of the area. The proposed house plot and that remaining to the existing house should be comparable with those nearby in terms of shape, size and amenity and the house should have a proper road frontage. 3.6 The proposed development fails to respect the existing street pattern and character of Blairston Avenue. The south side of the street is characterised by wide, long curtilages with frontages parallel to the road. Adjacent plots measure approximately 30 metres and 20metres in width, whereas the application site is only 10metres wide. The proposed dwelling would present a gable end to the street frontage, introduce a narrow curtilage, and result in significantly reduced garden ground. The separation distance between properties would be limited to approximately 2.6m–3.6m, which is not comparable to the established pattern of development. This is contrary to Policy DM3 (Design and Placemaking) of the South Lanarkshire Local Development Plan 2 which require new development to integrate with the character and pattern of the surrounding area. 3.7 Policy 5 – Development Management and Placemaking of SLLDP2 advises that to ensure development takes account of the principles of sustainable development, all proposals require to be well designed and integrated with the local area. Proposals should have no significant adverse impacts on the local community and 104
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the environment. Where appropriate, proposals should include measures to enhance the environment. Policy DM1 – New Development Design of SLLDP2 also requires development to promote quality and sustainability in design and layout. Policy 3 General Urban Area advises that developments which would be detrimental to the amenity of residents and the wider community, or to the character of the surrounding area will not be permitted. 3.8 It has been set out above that the proposal fails to respect the established pattern of development or character of the area. Furthermore, the site’s steep topography and its proximity to several neighbouring properties, only 2.6m to 3.6m eave to eave distance, exacerbate the impact of the proposed dwelling’s scale, design, and appearance, which sharply diverge from the prevailing character of the area. Instead of being comparable to the local streetscape, the building would read as cramped and overdeveloped, undermining the character of its surroundings. Due to the site’s topography, the proposal relies on elevated decking and balcony areas approximately 5m from the boundary to provide usable garden space. This arrangement would result in an unacceptable level of overlooking into neighbouring properties, notwithstanding the proposed screening measures. The development would therefore lead to the potential for a significant loss of privacy for adjacent residents and fails to provide adequate, functional garden ground for future occupants. This is contrary to Policies 3, 5, DM1 of LDP2 which require developments to provide sufficient private amenity space and safeguard residential privacy. 3.9 Policy 14 - Design, Quality and Place of NPF4 aims to encourage, promote, and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. It sets out six qualities of successful places (Healthy, Pleasant, Connected, Distinctive, Sustainable, Adaptable). It confirms that proposals which are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the 6 qualities of place will not be supported. As per the assessment above, the proposal is considered to be detrimental to the surrounding residential amenity, failing to result in a pleasant place, and fails to take cognisance of the existing development pattern and density of the surrounding area and as such fails to consider the distinctive qualities of Blairston Avenue. The proposal is therefore contrary to Policy 14 of NPF4. 3.10 Policy 16 of NPF4 supports development proposal for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision. This includes self-provided homes, accessible, adaptable and wheelchair accessible homes and affordable homes. It is not clear that this proposed dwelling would specifically fall within any of these categories. As above, it is considered that the proposal would have a detrimental impact on residential amenity by way of overlooking. Policy 16 advises that householder proposals will not be supported where there is a detrimental impact. Whilst the proposal is not for a householder application, it is not considered the proposal fits with the aims of NPF4 Policy 16. 3.11 Travel and Transport Policy 15 of NPF4 - Local Living and 20-minute neighbourhoods seeks to create connected and compact neighbourhoods where people can meet the majority of 105
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their needs within a reasonable distance from their home. The proposed development would be located within the existing settlement boundary as designated in the SLLDP2 and it would be within close proximity to a number of nearby services, therefore the proposal is not considered contrary to the aims of Policy 15 of NPF4. 3.12 Other matters Through representation, concerns have been raised in relation to possible disturbance during construction works. It should be noted that any damage to private property is a civil matter, and whilst disturbance is to be expected during the construction of a development, it would not be a sufficient reason to refuse and application. 3.13 Conclusion A full assessment of the proposal against the development plan has been undertaken. The proposed dwelling’s scale, design, and siting would significantly diminish the residential enjoyment of adjacent households and detract from the area’s established visual character. Its massing and elevated position would result in a cramped, overdeveloped, and visually dominant form, particularly when viewed from the neighbouring properties. The site’s steep topography and its close relationship with neighbouring properties mean that any development would inevitably compromise local privacy and residential amenity. For these reasons, the proposal is considered contrary to Policies 3 and 5, and Development Management Policies DM1 and DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021) and Policy 14 of the adopted National Planning Framework 4 (2023). It is therefore recommended that planning permission be refused. 4 Reason for decision 4.1 The proposal would have a significant adverse impact upon the character, function of the area, and surrounding amenity. Therefore, conflict with Policy 14 of the adopted National Planning Framework 4 (2023) and with Policies 3, 5, DM1 and DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). Delegating officer: Bernard Darroch Date: 5 December 2025 Previous references ♦ None List of background papers ► Application Form ► Application Plans ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► National Planning Framework 4 (adopted 2023) ► Neighbour notification letter dated 11.07.2025 ► Consultations 106
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No consultations required. ► Representations Contact for further information If you would like to inspect the background papers or want further information, please contact:- Stuart Connolly, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07385516139 Email: stuart.connolly@southlanarkshire.gov.uk 107
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Planning Application Application number: P/25/0752 Reasons for refusal 1. The proposal would have a significant adverse impact upon the residential amenity of neighbouring properties as a result of the proximity to adjacent dwellings, resulting in overlooking and loss of privacy and significant adverse impact on the character of the surrounding area as the proposal fails to consider established pattern of development. As such, the proposal would be contrary to Policy 3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 2. The proposal would fail to respect the local context of the surrounding area and has a significant adverse impact on character of the surrounding areas and results in adverse impact in term of loss of privacy and overlooking. As such, the proposal would be contrary to Policies 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). 3. The proposed plot is not comparable with those nearby in terms size, shape and amenity and fails to accord with established pattern of development in the surrounding area. The scale and siting would not be sympathetic to the established character of the area and would result in a developed site which appeared visually cramped and overdeveloped. The proposal results in adverse impact in term of loss of privacy and overlooking. As such, the proposal would be contrary to Policy DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 4. The proposal would be detrimental to the surrounding residential amenity by way of overlooking and loss of privacy, failing to result in a pleasant place. The proposal fails to address the distinctive qualities of the surrounding area. As such, the proposal would be contrary to Policy 14 of the adopted National Planning Framework 4 (2023). Reason(s) for decision The proposal would have a significant adverse impact upon the character, function of the area, and surrounding amenity. Therefore, conflict with Policy 14 of the adopted National Planning Framework 4 (2023) and with Policies 3, 5, DM1 and DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status LOCATION PLAN A Refused 108
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PROPOSED SITE PLAN A Refused EXISTING SITE PLAN A Refused PROPOSED FLOOR PLANS A Refused PROPOSED ELEVATIONS A Refused 109
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Representations Representation From Dated H Munro 31/7/25 Tara McConnell 3/8/25 John and Diane McCrory No date Louise Gardner No date Matthew Fleming No date Appendix 2(b) 4c 111
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Comments for Planning Application P/25/0752 Application Summary Application Number: P/25/0752 Address: 37 Blairston Avenue Bothwell Glasgow South Lanarkshire G71 8SA Proposal: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Case Officer: Stuart Connolly Customer Details Name: Mr John McCrory Address: 36 Blairston Avenue Bothwell Glasgow G71 8SA Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment:Dear Sir/Madam, I am writing to formally object to the above planning application on the grounds that it constitutes overdevelopment of the street and surrounding area. The plot in question is narrow and lies between two substantially developed properties. The houses on this side of the street have already been significantly extended beyond original design, in height and depth, resulting in overcrowded and disproportionate street scene. Blairston Avenue is already severely congested, and the overdevelopment has created ongoing access problems. Emergency vehicles frequently face difficulty gaining access to the full cul de sac and can no longer turn in the street. Instead, emergency and other vehicles are left to reverse in the street which has caused, on at least one occasion, significant damage to a car. The addition of another property would exacerbate these access and parking issues, increasing the risk to safety and further reducing residents' quality of life. Historically, the plot featured mature trees and landscaping, in keeping with the conservation character of the area. Unfortunately, much of this greenery has already been removed to accommodate recent extensions, destroying wildlife habitats adjacent to the river and negatively impacting the local ecology. Furthermore, the plot sits on a substantial slope, and any new development would require significant excavation and construction work, involving heavy machinery and continuous traffic from construction vehicles. Residents have endured this disruption for several years already, with ongoing noise, road blockages, damage to road surfaces and pavements.. This has fundamentally changed Blairston Avenue from a quiet, family-friendly cul-de-sac into a construction zone, where daily obstruction and noise pollution have become the norm. This has taken a clear toll on the wellbeing of residents. The proposed development is excessive in scale as a 3 storey building, and entirely out of 116
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character with the existing dwellings. It would place additional strain on local infrastructure and amenities, particularly in terms of parking, road access, and general congestion. For these reasons, I respectfully request that this application be refused in order to preserve the character, safety, and livability of Blairston Avenue. Yours faithfully, John and Diane McCrory 117
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Comments for Planning Application P/25/0752 Application Summary Application Number: P/25/0752 Address: 37 Blairston Avenue Bothwell Glasgow South Lanarkshire G71 8SA Proposal: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Case Officer: Stuart Connolly Customer Details Name: Ms Louise Gardner Address: 32 Blairston Avenue Bothwell Glasgow G71 8SA Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment:I'm generally really supportive of neighbours enhancing/developing their homes and believe I have been so to date with my neighbours at no 37. On this occasion however I wish to object to the plans re the following considerations: Density of the development - another property in a very tight space in an already heavily developed culdesac and street. Associated noise, disturbance, traffic generation with build/developments on the street. Have experienced this for over 5 years with current developments at the property (ongoing) and also a number of other builds/developments in the culdesac. There are also currently 2 builds in progress further up the street. Over the years the builds and developments have had a negative impact on access to properties, condition of the road and parking. The overall appearance and my experience of living in the street has been impacted and disturbed - I would describe more like driving into/living in a building site at times opose a residential area in a conservation village. 118
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Comments for Planning Application P/25/0752 Application Summary Application Number: P/25/0752 Address: 37 Blairston Avenue Bothwell Glasgow South Lanarkshire G71 8SA Proposal: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Case Officer: Stuart Connolly Customer Details Name: Mr Matthew Fleming Address: 30 Blairston Avenue Bothwell Glasgow G71 8SA Comment Details Commenter Type: Neighbour Stance: Customer objects to the Planning Application Comment Reasons: Comment:This is a cul de sac and main objection is due to traffic and access. With current building work we have already been disrupted and blocked from entrance and exit to our property and with further development it will only get more difficult. Heavy traffic and vehicles have already caused issues with drains, sewars and road damage. Increased pressure from more work will only impact this more. The only access to our property is a road which has already been damaged due to current on going work, increased work will only make this pressure greater. Parking is already at a premium with the ability to park outside our property greatly impacted. Any additional work vehicles would mean having to park further away. Access for emergency vehicles is also an issue, having previously had to have a fire engine in the street which struggled to get to its destination, the fire officer himself noted he would have to ram cars out of the way if necessary. Ground works have already caused noise and vibration disruption. Our hou 119
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Planning Decision Notice and Reasons for Refusal Appendix 4 4e 133
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email stuart.connolly@southlanarkshire.gov.uk Phone: 07385516139 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services DTA 9 Montgomery Street The Village East Kilbride G74 4JS Our Ref: P/25/0752 Your Ref: If calling ask for: Stuart Connolly Date: 12 December 2025 Dear Sir/Madam Proposal: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Site address: 37 Blairston Avenue, Bothwell, G71 8SA, Application no: P/25/0752 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 Stuart Connolly on 07385516139 Yours faithfully Head of Planning and Regulatory Services Enc: 4e 135
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Mr And Mrs C Connolly Per: DTA 9 Montgomery Street, The Village, East Kilbride, G74 4JS 9 Montgomery Street, The Village, East Kilbride, G74 4JS With reference to your application received on 26.06.2025 for planning permission under the above mentioned Act: Description of proposed development: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Site location: 37 Blairston Avenue, Bothwell, G71 8SA, 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: 12th December 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/25/0752 136
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/25/0752 Reason(s) for refusal: 01. The proposal would have a significant adverse impact upon the residential amenity of neighbouring properties as a result of the proximity to adjacent dwellings, resulting in overlooking and loss of privacy and significant adverse impact on the character of the surrounding area as the proposal fails to consider established pattern of development. As such, the proposal would be contrary to Policy 3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 02. The proposal would fail to respect the local context of the surrounding area and has a significant adverse impact on character of the surrounding areas and results in adverse impact in term of loss of privacy and overlooking. As such, the proposal would be contrary to Policies 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). 03. The proposed plot is not comparable with those nearby in terms size, shape and amenity and fails to accord with established pattern of development in the surrounding area. The scale and siting would not be sympathetic to the established character of the area and would result in a developed site which appeared visually cramped and overdeveloped. The proposal results in adverse impact in term of loss of privacy and overlooking. As such, the proposal would be contrary to Policy DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 04. The proposal would be detrimental to the surrounding residential amenity by way of overlooking and loss of privacy, failing to result in a pleasant place. The proposal fails to address the distinctive qualities of the surrounding area. As such, the proposal would be contrary to Policy 14 of the adopted National Planning Framework 4 (2023). Reason(s) for decision The proposal would have a significant adverse impact upon the character, function of the area, and surrounding amenity. Therefore, conflict with Policy 14 of the adopted National Planning Framework 4 (2023) and with Policies 3, 5, DM1 and DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 137
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Notes to applicant Application number: P/25/0752 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 LOCATION PLAN A Refused PROPOSED SITE PLAN A Refused EXISTING SITE PLAN A Refused PROPOSED FLOOR PLANS A Refused PROPOSED ELEVATIONS A Refused 138
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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 Email: 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. 139
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Notice of Review (including Statement of Reasons for Requiring the Review) submitted by applicant Mr and Mrs C Connolly Appendix 5 4f 141
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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 100716687-003 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. 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 DTA DTA . Montgomery Place The Old Stables 01355260909 G74 4BF Scotland East Kilbride The Village hello@dta.scot 4f 143
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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 Other Mr & Mrs C South Lanarkshire Council Connolly Blairston Avenue 37 G71 4SA Land between 37 and 41 Blairston Avenue Bothwell G71 8SA Scotland Bothwell 144
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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 unlikely 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) Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access The applicant has instructed DTA to apply for a review of the application by the Local Review Body following the refusal of Planning Permission for their proposal relative to the subdivison of garden ground and erection of a detached dwelling. Please see appeal supporting statement for further detail. 145
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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 Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may select more than one option if you wish the review to be a combination of procedures. Please select a further procedure * Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it will deal with? (Max 500 characters) 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 Location Plan, Existing Site Plan, Proposed Site Plan, Proposed Floor Plans, Proposed Elevations, Planning Support Statement, Appeal Statement P/25/0752 12/12/2025 By means of inspection of the land to which the review relates 25/06/2025 We believe that a site inspection is imperative to allow members of the committee to fully appreciate the nature of the proposal and its location. 146
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Page 5 of 5 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. Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: . DTA . Declaration Date: 18/02/2026 Payment Details Pay Direct Created: 18/02/2026 09:14 147
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37 26 GRANGE 41 6 22 14 6 12 Co Const & Ward Bdy 43 38 10 270408 270458 270508 270550657959 658009 658059 658101 BLAIRSTON AVENUE CLYDEBRAE DRIVE Client Project Title RevJob No Drawing No ScaleByDate Size A4 ©2025 COPYRIGHT OF DTA D D E S I G N T E C H N I C A L A R C H I T E C T U R E 9 MONTGOMERY STREET THE VILLAGE EAST KILBRIDE GLASGOW G74 4JS TEL 01355 260909 HELLO DTA.SCOTT A Mr & Mrs Connolly Proposed Dwelling, Blairston Avenue, Bothwell Location Plan C119.01 L(0-) 01 B Apr '25 GR 1:1250 N 0 50m25m25m 75m 100m 125m 1:1250 148
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GP LPGP Stump Stump DR DR Soakaway Soakaway 37 26 GRANGE 41 6 22 Co Const & Ward Bdy 43 38 270408 270458 270508 270550657959 658009 658059 BLAIRSTON AVENUE CLYDEBRAE DRIVE Client Project Title Rev Job No Drawing No Autocad Reference ScaleByDate NOTES 1. Do NOT scale from this drawing. 2. All dimensions to be confirmed by the Contractor by site measure prior to work commencing, or fabrication or ordering of any components. 3. In the case of any discrepancy, always refer to the Architect. This is a true copy of the Building Warrant / Planning Application Dated ............................................. Signed ............................................. DTA The purpose of this drawing is solely for the purposes of obtaining building warrant approval. The drawing may be suitable for construction purpose's but it may be necessary to augment/and or amend this information for this purpose. No liability will be accepted for any omission on this drawing should the drawing be used for construction purposes. Size A3 ©2025 9 MONTGOMERY STREET THE VILLAGE EAST KILBRIDE GLASGOW G74 4JS TEL : 01355 260909 HELLO @DTA.SCOT COPYRIGHT OF DTA D D E S I G N T E C H N I C A L A R C H I T E C T U R E T A Mr & Mrs Connolly Proposed Dwelling Blairston Avenue Bothwell Existing Site Plan C119.01 L(0-) 02 A Apr '25 GR 1:500 N 010m 10m 20m 30m 40m 50m 1:500 149
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GP LPGP Stump Stump DR DR Soakaway Soakaway 37 26 GRANGE 41 6 22 Co Const & Ward Bdy 43 38 270408 270458 270508 270550657959 658009 658059 BLAIRSTON AVENUE CLYDEBRAE DRIVE Electric Charge Point Bins N 010m 10m 20m 30m 40m 50m 1:500 Client Project Title Rev Job No Drawing No Autocad Reference ScaleByDate NOTES 1. Do NOT scale from this drawing. 2. All dimensions to be confirmed by the Contractor by site measure prior to work commencing, or fabrication or ordering of any components. 3. In the case of any discrepancy, always refer to the Architect. This is a true copy of the Building Warrant / Planning Application Dated ............................................. Signed ............................................. DTA The purpose of this drawing is solely for the purposes of obtaining building warrant approval. The drawing may be suitable for construction purpose's but it may be necessary to augment/and or amend this information for this purpose. No liability will be accepted for any omission on this drawing should the drawing be used for construction purposes. Size A3 ©2025 9 MONTGOMERY STREET THE VILLAGE EAST KILBRIDE GLASGOW G74 4JS TEL : 01355 260909 HELLO @DTA.SCOT COPYRIGHT OF DTA D D E S I G N T E C H N I C A L A R C H I T E C T U R E T A Mr & Mrs Connolly Proposed Dwelling Blairston Avenue Bothwell Proposed Site Plan C119.01 L(0-) 03 B Apr '25 GR 1:500 150
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WC Kitchen/Dining Lounge Master Bed w Bed 2 E/S E/S WiC Utility St Shower w wBed 3 Bed 4 Study St Gym Ground Floor Plan -1st Floor Plan -2nd Floor Plan Clk NOTES 1. Do NOT scale from this drawing. 2. All dimensions to be confirmed by the Contractor by site measure prior to work commencing, or fabrication or ordering of any components. 3. In the case of any discrepancy, always refer to the Architect. Date By Scale Autocad Reference Drawing No Job No Rev Title Project Client This is a true copy of the Building Warrant / Planning Application Dated ............................................. Signed ............................................. DTA The purpose of this drawing is solely for the purposes of obtaining building warrant approval. The drawing may be suitable for construction purpose's but it may be necessary to augment / and or amend this information for this purpose. No liability will be accepted for any omission on this drawing should the drawing be used for construction purposes. Size A2 ©2025 D D E S I G N T E C H N I C A L 9 MONTGOMERY STREET THE VILLAGE EAST KILBRIDE GLASGOW G74 4JS TEL 01355 260909 HELLO DTA.SCOT COPYRIGHT OF DTA A R C H I T E C T U R E T A Mr & Mrs Connolly Proposed Dwelling Blairston Avenue Bothwell Proposed Floor Plans C119.01 L(2-) 01 A Apr '25 GR 1:100 02m 2m 4m 6m 8m 10m 1:100 151
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Front Elevation Side ElevationRear Elevation Side Elevation MATERIAL SPECIFICATION Walls Roof Doors/Windows Gutters/Downpipes Fascia/Soffit : White roughcast with Black Brick to front porch : Marley Modern Split Charcoal Grey : Black uPVC frame double glazing : Black uPVC gutters and downpipes : Black uPVC fascia and soffit NOTES 1. Do NOT scale from this drawing. 2. All dimensions to be confirmed by the Contractor by site measure prior to work commencing, or fabrication or ordering of any components. 3. In the case of any discrepancy, always refer to the Architect. Date By Scale Autocad Reference Drawing No Job No Rev Title Project Client This is a true copy of the Building Warrant / Planning Application Dated ............................................. Signed ............................................. DTA The purpose of this drawing is solely for the purposes of obtaining building warrant approval. The drawing may be suitable for construction purpose's but it may be necessary to augment / and or amend this information for this purpose. No liability will be accepted for any omission on this drawing should the drawing be used for construction purposes. Size A2 ©2025 D D E S I G N T E C H N I C A L 9 MONTGOMERY STREET THE VILLAGE EAST KILBRIDE GLASGOW G74 4JS TEL 01355 260909 HELLO DTA.SCOT COPYRIGHT OF DTA A R C H I T E C T U R E T A Mr & Mrs Connolly Proposed Dwelling Blairston Avenue Bothwell Proposed Elevations C119.01 L(2-) 02 B May '25 GR 1:100 02m 2m 4m 6m 8m 10m 1:100 152
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APPLICATION FOR DETAILED PLANNING PERMISSION DESIGN STATEMENT MAY 2025 153
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CLIENT: MR & MRS CONNOLLY PROJECT: PROPOSED DWELLING WITH ASSOCIATED PARKING LAND BETWEEN 37 AND 41 BLAIRSTON AVENUE, BOTHWELL JOB No: C119.01 REV: A 154
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1.0 // CONTEXT INTRODUCTION This application proposal is for the erection of a 3 storey dwelling located between 37 and 41 Blairston Avenue in Bothwell. Due to the topography of the site, only a single storey aspect is visible from the front elevation. AREA CONTEXT The application site is situated off Blairston Avenue in Bothwell and is a proposed gap site which is currently within the boundary of 37 Blairston Avenue. The rear of the site leads directly down to the River Clyde, and due to the topography of the site the existing houses within the street all have single storey aspect from the front before dropping down to show 3 storey to the rear of the site. It is a substantial drop in level from the main road to the back of the site at the river, yet 3 houses have accommodated this difficult site and formed dwellings that are practical and modern. The application site will have associated parking to the front of the dwelling for 3 spaces, and a small porch style protruding section at the front elevation will incorporate the main entrance to the house. As the site is part of the existing 37 Blairston Avenue plot there are no trees or planting along this section that could be an issue when dealing with the site. As seen at 41 and 43 Blairston, the formation is quite tight, and yet there remains a substantial space between the two spaces at 37 and 41. Site Plan showing Application Plot 155
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2.0 // DESIGN PROPOSALS The design proposal seeks to deliver a high quality, three storey dwelling that incorporates a single storey aspect to the main road, with two additional storeys to the rear leading down towards the river to ensure that the proposal does not detract from the precedent of the streetscape at Blairston Avenue. The design aesthetic is to provide a modern, sleek look to be in keeping with other dwellings in the area, incorporating white roughcast to the house with a black brick to the front porch area. In terms of the other aspects, all black windows/door frames, gutters and downpipes as well as black fascia’s and soffit’s with a Charcoal Grey Marley roof tile, ensuring a clean look that is not out of place in the area. In terms of layout, the proposal will look to implement a 4 bedroom dwelling on the site. Access from the front leads into a hallway with stair access leading down to the other levels. A cloakroom and WC are also located within the hallway, before leading through a door into the open plan kitchen/dining/lounge area. There is also a balcony access from here that provides an outlook over the river, with a privacy screen to avoid any overlooking issues with next door. Moving downstairs and there is a store located between the two stairwells, as well as a utility that leads to an external door with steps down to the garden to the rear. The master bedroom is located on this floor, with a walk in cupboard and en-suite. A second bedroom is also within this level and has a wardrobe and en-suite. Down to the next level is a gym area along with a study, shower room and two additional bedrooms with a side door providing access to the rear garden. This layout accommodates family living while suiting the topography of the site. SCALE, HEIGHTS AND MASSING As discussed above, the dwelling sits within an area of similar style houses. By keeping close to the ground the dwelling does not impose on the main road and the scale and mass is suited for the gap site within 37 Blairston Avenue. It provides ample parking and maintains privacy to both sides of the application site through use of privacy screens and opaque glazing. MATERIALS The proposed dwelling will look to provide a modern aesthetic through the use of white roughcast and will also include charcoal grey tiles along with black uPVC doors and windows, black gutters and downpipes, and black fascia’s/soffits which will contrast the white render of the dwelling. PARKING AND REFUSE The site provides the required number of spaces to the front of the house, providing level access to the dwelling itself and will have an electric charging point to the front of the house to allow for charging an electric vehicle. The driveway leads up to the front door and accessible threshold from the main road at Blairston Avenue. As there are existing dwellings within Blairston Avenue, all refuse will be collected the same with bin placement to the new access route into the site. 156
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SIMILAR PLANNING APPLICATIONS The application shares similar aspects to one at Brouster Hill in East Kilbride [P/25/0302] in that it also was a sub-division of garden ground to erect a dwellinghouse. The proposal was very tight to the boundary of the existing house and the neighbouring property but was granted on the 18th June. The application proposal utilises the space between 37 and 41 by having a narrower footprint to allow privacy from neighbouring properties along with the implementation of screens and opaque glazing to ensure no overlooking issues for the application. 157
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37 Blairston Avenue, Bothwell | DTA APPLICATION FOR PLANNING PERMISSION APPEAL STATEMENT REF: P/25/0752 JANUARY 2026 158
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37 Blairston Avenue, Bothwell | DTA NB: APPEAL STATEMENT TO READ IN CONJUNCTION WITH ALL APPLICATION DRAWINGS PROJECT TEAM PROJECT Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access APPLICANT Mr. & Mrs. C. Connolly ARCHITECT DTA East Kilbride G74 4BF CLIENT: MR. & MRS. CONNOLLY PROJECT: SUBDIVISION OF GARDEN GROUND AND ERECTION OF 3 STOREY DWELLINGHOUSE WITH ASSOCIATED ACCESS 37 BLAIRSTON AVENUE BOTHWELL G71 8SA JOB No: C119.01 REV: B 159
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37 Blairston Avenue, Bothwell | DTA 1.0 / CONTEXT INTRODUCTION The Appellant [Mr. & Mrs. Connolly] feels it necessary to express their disappointment regarding the refusal of their proposal by the Planning Authority [South Lanarkshire Council] on the 12th December 2025 for the subdivision of garden ground and erection of 3 storey dwellinghouse with associated access at 37 Blairston Avenue, Bothwell G71 8SA. This letter represents the Appellant’s Statement of Case. THIS DOCUMENT SHOULD BE READ IN CONJUNCTION WITH SITE PLAN DRAWING AREA CONTEXT Google aerial image at Clydebrae Drive of three dwellings with balconies providing no privacy screen Left Image : 37 Blairston Avenue looking over at 41, with the privacy screen in place which is something the application proposal will also include to the rear balconies and which no other property on Blairston Avenue or Clydebrae Drive have installed Image taken by Client Right Image : Front elevation at 37 Blairston Avenue, which shows the same material choice as the proposal Image taken by Client 160
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37 Blairston Avenue, Bothwell | DTA https://www.google.com/maps/place/Blairston+Ave,+Bothwell,+Glasgow/@55.7977544,- 4.0660842,3a,75y,252.59h,80.55t/data=!3m7!1e1!3m5!1sMHZfWYUM7hujRpCK2Ia5gg!2e0!6shttps: %2F%2Fstreetviewpixels- pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D60 0%26pitch%3D9.446519249974259%26panoid%3DMHZfWYUM7hujRpCK2Ia5gg%26yaw%3D252.59 363347810563!7i16384!8i8192!4m6!3m5!1s0x48886abf704981e9:0x2942636cdb5ff7f4!8m2!3d55. 7985087!4d- 4.0656571!16s%2Fg%2F1tmxw533?entry=ttu&g_ep=EgoyMDI2MDQyMi4wIKXMDSoASAFQAw%3D %3D The above link is to a Google Streetview of differing design characteristics at Clydebrae Drive, one dwelling with only the garage at street level, another property next to it of a much larger mass and two storey’s at street level, with both providing two levels below. https://www.google.com/maps/place/Blairston+Ave,+Bothwell,+Glasgow/@55.7979732,- 4.066786,3a,90y,207.68h,89.49t/data=!3m7!1e1!3m5!1s_x- W7VjzJQYg4xji0GpoKA!2e0!6shttps:%2F%2Fstreetviewpixels- pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D60 0%26pitch%3D0.5119460440139108%26panoid%3D_x- W7VjzJQYg4xji0GpoKA%26yaw%3D207.67957367686665!7i16384!8i8192!4m6!3m5!1s0x48886abf7 04981e9:0x2942636cdb5ff7f4!8m2!3d55.7985087!4d- 4.0656571!16s%2Fg%2F1tmxw533?entry=ttu&g_ep=EgoyMDI2MDQyMi4wIKXMDSoASAFQAw%3D %3D The above link is to a Google Streetview of a dwelling that utilises white render with timber cladding, next door to dwelling with white render and sandstone finish https://www.google.com/maps/place/Blairston+Ave,+Bothwell,+Glasgow/@55.7982172,- 4.0683109,3a,90y,197.52h,89.42t/data=!3m7!1e1!3m5!1shzQxf7LUEA5pssyQJ- XD4A!2e0!6shttps:%2F%2Fstreetviewpixels- pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D60 0%26pitch%3D0.5770494146994736%26panoid%3DhzQxf7LUEA5pssyQJ- XD4A%26yaw%3D197.5180466143084!7i16384!8i8192!4m6!3m5!1s0x48886abf704981e9:0x29426 36cdb5ff7f4!8m2!3d55.7985087!4d- 4.0656571!16s%2Fg%2F1tmxw533?entry=ttu&g_ep=EgoyMDI2MDQyMi4wIKXMDSoASAFQAw%3D %3D The above link is to a Google Streetview of a dwelling on Blairston Avenue utilising white render with dark grey cladding and window/door frame, while also showing how close next door have built to the boundary line 161
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37 Blairston Avenue, Bothwell | DTA 2.0 / REFUSAL STATEMENTS The Appellant makes the following initial observations which they feel are crucial to acquiring a full understanding of the acceptability of the proposal in planning terms. The refusal letter makes mention of the following policies; Policy 3 of the adopted South Lanarkshire Local Development Plan 2 (2021) Policy 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021) Policy DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021) and Policy 14 of the adopted National Planning Framework 4 (2023) which will be discussed. Reason(s) for refusal: 01. The proposal would have a significant adverse impact upon the residential amenity of neighbouring properties as a result of the proximity to adjacent dwellings, resulting in overlooking and loss of privacy and significant adverse impact on the character of the surrounding area as the proposal fails to consider established pattern of development. As such, the proposal would be contrary to Policy 3 of the adopted South Lanarkshire Local Development Plan 2 (2021). The refusal statement mentions that the proposal will result in the loss of privacy due to overlooking. The proposal has two balconies, one situated at the ground floor which is level with Blairston Avenue, and one located below as the site slopes down. At each of these balconies there are privacy screens set at 1.8m to ensure privacy for the client as well as deter overlooking into the neighbours’ gardens. The design has taken context from the surrounding area, with balconies located on two properties at Blairston Avenue, and three properties on Clydebrae Drive which adjoins the application site street and overlooks the River Clyde as well. Looking at these other balconies, there are protective barriers in place however only 41 on Blairston Avenue, the property next to the application site, has recently installed privacy screens, meaning that at least 4 of the houses facing the River Clyde have the capacity for overlooking into neighbouring properties. Our proposal develops this and provides a solution that isn’t there currently as well as ensuring only opaque windows from the bathroom/en-suite are on the gable end to further provide privacy and avoid overlooking issues. The statement also mentions the proposal failing to consider established pattern of development which is confusing as there is presently only one main established pattern within Blairston Avenue and Clydebrae Drive and that is the access into the house is level with the street and then the other levels are below the street due to the sloping nature of the site towards the River Clyde. In terms of material choice there are houses with sandstone and render, timber cladding and render, and further down Blairston Avenue there is a property with white render and dark grey cladding and other features. Next door at 37 have the same façade as the proposed dwelling, which is a white render exterior with black brick for the porch to clearly identify the main access into the property, and black soffit and fascia, black window and door frames, and dark grey roof tiles. Policy 3 of the SLLDP 2 states that there will be consideration into the likely impact of amenity in the area, for which this proposal will not cause. There is on site parking to avoid any congestion within the street, and it is not detrimental to the character of the surrounding area as discussed above due to its similar nature to all houses within that street. 162
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37 Blairston Avenue, Bothwell | DTA 02. The proposal would fail to respect the local context of the surrounding area and has a significant adverse impact on character of the surrounding areas and results in adverse impact in term of loss of privacy and overlooking. As such, the proposal would be contrary to Policies 5 and DM1 of the adopted South Lanarkshire Local Development Plan 2 (2021). Much of this refusal statement is as above, though with mention of Policy 5 and DM1 which will be discussed. Policy 5 mentions significant impact on adjacent buildings or streetscape in terms of layout, scale, massing, design, external materials or amenity is not accepted. The application proposal has been designed to suit the streetscape, with materials similar to those already within the area and massing that suits the sloping site much like how other properties sit. The layout is also similar, with access from the street and the lower levels providing the more private spaces such as bedrooms and wash facilities. The proposal fits the site well, and has sufficient garden space as well to the bottom of the site towards the river. The policy also mentions overshadowing, overlooking or other loss of residential amenity which was touched on previously. Overlooking has been considered with the design and the privacy screens to all balconies ensure this is not impacted. There are only windows to one gable end, however these are opaque due to being bathroom/en-suite windows and would not affect potential overlooking. We feel there would be no unreasonable overshadowing due to the orientation of the property and the fact it is sloping down the site much the same as the neighbouring properties. We also think we would have no objections to an extension to the existing dwelling at 37 if this was to form part of the application site. Parking is not an issue as there is ample space within the application site, and the amenities are the same for all other new developments that have been brought into this area of Bothwell. All other statements within Policy 5 are not applicable since there is no unstable land issues or historic impact, and the design has been thought out to address the orientation and layout of the site along with ensuring that the best quality is brought to the construction with environmentally friendly capabilities included. DM1 relates to much of what has already been discussed above, with emphasis on respecting the character of the area, not affecting the amenity of neighbouring properties, parking and site access, protecting the environmental aspects which are all detailed. 03. The proposed plot is not comparable with those nearby in terms size, shape and amenity and fails to accord with established pattern of development in the surrounding area. The scale and siting would not be sympathetic to the established character of the area and would result in a developed site which appeared visually cramped and overdeveloped. The proposal results in adverse impact in term of loss of privacy and overlooking. As such, the proposal would be contrary to Policy DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). Again, there is discussion within the refusal statement of loss of privacy and overlooking which seems to be the only main point provided in this refusal. As mentioned above, this has been thought of and included within the design through the use of privacy screens to the balconies. There are other properties within the streetscape which have overlooking issues that are not directly addressed and seem to form part of the ‘character’ of the site. The house may seem smaller in mass, though this is as much a note on the large scale size of some of these properties as opposed to any issue with the proposal. This dwelling makes fantastic use of the space given and provides 4 double bedrooms of generous size, a spacious open plan living/dining/kitchen area, two en-suites, a utility room, a gym and shower room along with a 163
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37 Blairston Avenue, Bothwell | DTA study. This contains everything a resident would need, with sufficient ability to transform the gym into a playroom or other space for any future residents as well. Looking down Clydebrae Drive there are two smaller properties next to a much larger dwelling which further emphasises there is no set massing or layout within the area. These smaller dwellings have only the garage at street level, with two levels lower containing all the rooms. This proportionately is similar to the application dwelling which does have a street level but isn’t as wide due to the site itself. The design also ensures that there is sufficient distance between the neighbouring properties to avoid cramping or overdevelopment. Looking at how close the neighbour to the right is from their neighbour at number 43, it doesn’t seem reasonable to assess the application site as being cramped. 04. The proposal would be detrimental to the surrounding residential amenity by way of overlooking and loss of privacy, failing to result in a pleasant place. The proposal fails to address the distinctive qualities of the surrounding area. As such, the proposal would be contrary to Policy 14 of the adopted National Planning Framework 4 (2023). With the remaining statement for refusal once again discussing overlooking and loss of privacy this is not a substantial claim for refusal on its own. Simply swapping these two words together within a sentence for each ‘statement’ doesn’t make for a conducive refusal, and as discussed above, is not even relevant for a proposal which has introduced privacy screens within its design scheme where other properties have not. Reason(s) for decision The proposal would have a significant adverse impact upon the character, function of the area, and surrounding amenity. Therefore, conflict with Policy 14 of the adopted National Planning Framework 4 (2023) and with Policies 3, 5, DM1 and DM3 of the adopted South Lanarkshire Local Development Plan 2 (2021). 3.0 / CONCLUSION This proposal does not warrant a refusal, and the main concern is overlooking and privacy throughout the 4 statements. The design proposal includes privacy screens to the balconies to ensure not only privacy for the resident but also provides security for the neighbouring houses. The design has been reflective of the surrounding area both in terms of massing and layout but also introducing materials that are commonly found within Bothwell and specifically Blairston Avenue and Clydebrae Drive. The Applicant hopes that through this appeal statement it can be determined that this dwelling will not be detrimental to the amenity of the area and will be a welcome addition to the streetscape of Blairston Avenue. 164
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Further Representation Further Representation From Statement of Observations from Planning Officer on Applicant’s Notice of Review Appendix 6 4g 165
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Reference no. P/25/0752 Statement of Observations Date 16.03.2026 Planning proposal: Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. Location: 37 Blairston Avenue, Bothwell, G71 8SA Notice of Review – 37 Blairston Avenue, Bothwell, G71 8SA Planning appeal - Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access. (P/25/0752) 1 Planning Background 1.1 DTA submitted a planning application on behalf of Mr & Mrs Connolly (reference: P/25/0752) on 26th June 2025 to South Lanarkshire Council for the Subdivision of garden ground and erection of 3 storey dwellinghouse with associated access at 37 Blairston Avenue, Bothwell. After due consideration of the application in terms of the Development Plan and all other material planning considerations, planning application P/25/0752 was refused by the Council under delegated powers on 2nd of December 2025 for the reasons listed in the decision notice. 1.2 As part of the planning application process, statutory neighbour notification was carried out. In response 5 letters of objection were received. These objections were material to the assessment of the application and provide a broad illustration of the views held by neighbours adjoining the site. The report of handling dated 2nd of December 2025 explains in detail all material planning considerations and the reasons/justification for the decision. The reasons for refusal are listed in the decision notice which along with the Report of Handling are available elsewhere in the papers accompanying the Notice of Review. 3 Observations on the appellant’s Notice of Review. 3.1 The appellant has submitted a statement to support their review. The grounds raised will be summarised and responded to below. Whilst the report of handling sets out four reasons for refusal against various policies there are two main issues loss of privacy and overlooking and the proposal fails to accord with the established pattern of development. 3.2 The appellant disputes that the proposal would result in a loss of privacy and overlooking as the proposal would include privacy screens on the balcony. The appellant refers to privacy screens on a balcony on no. 41. 4g 167
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3.3 The assessment must be based solely on the current proposal and should not take into account any removal of privacy screens undertaken by homeowners on their own property. Privacy screens act as a last resort to direct views away from garden grounds. They do not remove all available views from a balcony area. Furthermore, it cannot always be guaranteed that they are installed and retained. 3.4 The property at No. 41 currently sits approximately 15m from the existing dwelling at No. 37 (donor dwelling). The proposed dwelling would be only around 3.5m from the dwellinghouse side gable at No.41. The proposed dwelling would also only be approximately 2.7m away from the dwellinghouse side gable at No.37. The proposed dwelling consists of an 8m wide dwellinghouse sited in a 10m wide plot as a result the proposed dwelling would sit less than 1m from the property boundaries on both sides. The site’s steep topography and its close relationship with neighbouring dwellings exacerbates the close distance to the property boundaries. 3.5 The appealed proposal includes two balconies at different heights, positioned 3.5m and 2.7m from No. 41 and the donor property, respectively, on a plot that is noticeably narrower than any other on the street. No. 43 (two doors down from the proposal) does not have a balcony and No. 37, the donor plot, do not have balconies, however, has a deck that is under construction. No. 41, directly next door, does have two balconies, these serve bedrooms, i.e. would be less likely to be used for socialising. 3.6 By contrast, one of the proposed balconies serves the kitchen and dining rooms and is likely to be used for socialising, and the other upper balcony serves the first‑floor bedroom. Previously, there was substantial natural screening between No. 41 and No. 37, but the trees on the proposed development site have now been removed, leaving the boundary completely cleared. There is a tree preservation order across the site. 3.7 There are six windows proposed in the side gables. While it is acknowledged that these do not serve bedrooms or other primary habitable rooms, the plans indicate they would serve a shower room and a study. 3.8 Moreover, the site’s steep topography and its close relationship with neighbouring dwellings exacerbates the close distance to the property boundaries. Due to the challenging topography, the proposal depends on elevated decking and balcony structures positioned approximately 5m from the boundary to provide usable garden space. This design and for all the reasons set out above would give rise to an unacceptable degree of overlooking into neighbouring properties, even with the proposed screening. As a result, the development would create a significant potential loss of privacy for adjacent residents and fails to deliver adequate, functional private garden ground for future occupants. The proposal is therefore contrary to Policies 3, 5 and DM1 of LDP2, which require new development to provide sufficient private amenity space and to safeguard residential privacy. 3.9 The appellant considers that the reason for refusal is confusing as they set out there is presently only one main established pattern within Blairston 168
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Avenue and Clydebrae Drive and considers their proposal fits within it. The appellant acknowledges that the dwelling proposed is not as large as some of the dwellings on the street due to the width of the site, and notes this is a reflection of the surrounding area rather than the proposal. 3.10 It is agreed there is a main established pattern of development, wide long curtilages with frontages parallel to the road. Neighbouring plots are around 20– 30m wide, while the application site is only about 10m, making it significantly smaller and not comparable in size, shape, or amenity. The average distance between dwellings on this side of the street is 15m. The proposal would create a narrow curtilage, introduce a gable to the street, reduce usable garden space, and leave only around 2.7 to 3.6m between dwellings. Furthermore, there are large properties in the surrounding area, it should be noted that planning policy is seeking to support proposals that reflect and fit with surrounding area. 3.11 This significant disparity means the proposed plot is not comparable in size, shape, or amenity value to those nearby, as shown in the below map with the plot highlighted in black. The design would introduce a gable end to the street, create an unusually narrow curtilage, and substantially reduce usable garden ground. The resulting separation distance between dwellings, approximately 2.7m to 3.6m. This is far below the spacing typical of the area and would not reflect the established pattern of development. The suggestion that other properties vary in massing does not alter the fact that the prevailing character on Blairston Avenue and Clydebrae Drive is one of generous plots and spacious separation. The scale and siting of the proposed dwelling would therefore not be sympathetic to its context. Instead, it would appear visually cramped and overdeveloped, failing to integrate with the surrounding built form. 3.12 The appellant has raised points covering parking, materials, overshadowing, the rooms available in the house. Figure 1: Appeal Site shown in Black Hatching. Scale 1:2500 169
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3.13 Parking was neither identified as an issue in the officer’s report nor cited as a reason for refusal, although some public objections did raise parking concerns. Materials were never raised as an issue and Overshadowing was not a reason for refusal. The issues with overlooking and privacy have been addressed previous in this Appeal response. Whilst the internals of the dwelling may include a range of rooms and space, there is an unacceptable impact on the privacy of existing neighbours and proposed development does not respect the established street pattern or character of Blairston Avenue as covered by the responses previously stated 3.14 In conclusion, a full assessment of the proposal has been carried out against the relevant policies of the adopted development plan. While the applicant highlights the inclusion of privacy screens, these measures do not overcome the fundamental issues arising from the scale, massing, and siting of the proposed dwelling. The combination of the site’s steep topography, its constrained width, and its close proximity to neighbouring properties means that any elevated terraces, balconies, or raised garden areas would inevitably lead to significant overlooking and loss of privacy. The proposed screening does not mitigate this impact to an acceptable level. The applicant’s assertion that the design reflects the surrounding area is not supported by the established character of Blairston Avenue. The proposal introduces a form, plot width, and spatial arrangement that are inconsistent with the prevailing pattern of development. Its elevated position and massing would appear visually dominant and would erode the amenity enjoyed by neighbouring residents. For these reasons, the proposal is considered to conflict with Policies 3 and 5, and Development Management Policies DM1 and DM3 of the South Lanarkshire Local Development Plan 2 (2021), as well as Policy 14 of National Planning Framework 4 (2023). The development would result in a cramped, overdeveloped form that fails to safeguard residential amenity or integrate with the established character of the area. Planning permission is therefore not supported. 4 Summary and conclusion 4 .1 In summary, as required by legislation, application P/25/0752 has been assessed in terms of the Development Plan and all other material considerations. In this respect the report of handling provides a detailed summary of all relevant considerations and a reasoned justification that the proposed development does not accord with the policy provisions of the adopted National Planning Framework 4 (NPF4) and the adopted South Lanarkshire Local Development Plan 2. It is, therefore, respectfully requested that the Planning Local Review Body support the decision to refuse planning permission P/25/0752 based on the information contained in the report of handling and the associated reasons for refusal. 170