Agenda Document Pack - Planning Local Review Body - 04/11/2024
South Lanarkshire Council · 4 November 2024
Back to Planning Local Review Body — 4 November 2024 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Friday, 25 October 2024 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, 04 November 2024 Time: 10:30 Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Richard Nelson (Chair), Gerry Convery (Depute Chair), Alex Allison, Colin Dewar, Gladys Ferguson-Miller, Cal Johnston-Dempsey, Lesley McDonald, Norman Rae, Graham Scott, David Shearer Substitutes Robert Brown, Maureen Devlin, Monique Equi, Grant Ferguson, Alistair Fulton, Graeme Horne, Ross Lambie, Ian McAllan, Kenny McCreary, Davie McLachlan 1
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BUSINESS 1 Declaration of Interests Item(s) for Decision 2 Review of Case – Application P/24/0367 for Use of Storage and Distribution Warehouse (Class 6) as Soft Play Centre (Class 11) and Installation of Flue Relating to Ancillary Kitchen at Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton Report dated 8 October 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 5 - 8 2a Appendix 1 Planning Application Forms P/24/0367 9 - 22 2b Appendix 2(a) Report of Handling P/24/0367 23 - 32 2c Appendix 2(b) Consultation Responses P/24/0367 33 - 38 2d Appendix 2(c) Representation P/24/0367 39 - 42 2e Appendix 3 Site Photographs and Location Plan P/24/0367 43 - 54 2f Appendix 4 Planning Decision Notice and Reasons for Refusal P/24/0367 55 - 62 2g Appendix 5 Notice of Review P/24/0367 63 - 92 2h Appendix 6 Further Representation P/24/0367 93 - 98 3 Review of Case – Application P/24/0041 for Use of Residential Flat (Sui Generis) as Short-term Let (Sui Generis) at 20 Back O'Barns, Hamilton Report dated 22 October 2024 by the Executive Director (Finance and Corporate Resources). (Copy attached) 99 - 102 3a Appendix 1 Planning Application Form P/24/0041 103 - 112 3b Appendix 2(a) Report of Handling P/24/0041 113 - 120 3c Appendix 2(b) Consultation Response P/24/0041 121 - 124 3d Appendix 2(c) Representations P/24/0041 125 - 130 3e Appendix 3 Site Photographs and Location Plan P/24/0041 131 - 138 3f Appendix 4 Planning Decision Notice and Reasons for Refusal P/24/0041 139 - 146 3g Appendix 5 Notice of Review P/24/0041 147 - 160 3h Appendix 6 Further Representation P/24/0041 161 - 166 3i Appendix 7 Applicant's Comments on Further Representation P/24/0041 167 - 178 2
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Urgent Business 4 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Stuart McLeod Clerk Telephone: 07385 370 117 Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 3
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Report Agenda Item Report to: Planning Local Review Body Date of Meeting: 4 November 2024 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Case – Application P/24/0367 for Use of Storage and Distribution Warehouse (Class 6) as Soft Play Centre (Class 11) and Installation of Flue Relating to Ancillary Kitchen at Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton 1. Purpose of Report 1.1. The purpose of the report is to present the information currently available to allow a review of the decision taken by officers, in terms of the Scheme of Delegation, on the following application:- [purpose] 1.2. Summary Application Information Application Type: Detailed planning application Applicant: Gioca Leisure Ltd Proposal: Use of storage and distribution warehouse (class 6) as soft play centre (class 11) and installation of flue relating to ancillary kitchen Location: Graham Builders Merchants Limited, Cadzow Industrial Estate, Hamilton Council Area/Ward: 19 – Hamilton 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 5
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(2) in the event that further procedure is required to allow it to determine the review, consider:- (a) what further information is required, which parties are to be asked to provide the information and the date by which this is to be provided (b) what procedure or combination of procedures are to be followed in determining the review [1recs] 3. Background 3.1. The Council operates a Scheme of Delegation that enables Council officers to determine a range of planning applications without the need for them to be referred to the Planning Committee for a decision. 3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an application for planning permission relates to a proposal that falls within the category of “local development” and has been or could have been determined under the Scheme of Delegation, the applicant is entitled to request that the determination be reviewed by the Planning Local Review Body. 4. Notice of Review – Statement of Reasons for Requiring the Review 4.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring a review of the determination in respect of their application. (Refer Appendix 5) 4.2. The applicant is entitled to state a preference for procedure (or combination of procedures) to be followed and has indicated that their stated preference is as follows:- Further written submissions Site inspection Hearing session(s) X Assessment of review documents only, with no further procedure 4.3. However, members will be aware that it is for the Planning Local Review Body to determine how a case is reviewed. 5. Information Available to Allow Review of Application 5.1. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties to introduce new material at the review stage. The focus of the review should, therefore, be on the material which was before the officer who dealt with the application under the Scheme of Delegation. 5.2. The following information is appended to this report to assist the Planning Local Review Body in its review of the decision taken by officers:- Planning Application Form (Appendix 1) Report of Handling by the Planning Officer under the Scheme of Delegation (Appendix 2(a)) Copies of consultation responses (Appendix 2(b)) Copy of representation (Appendix 2(c)) Site photographs and location plan (Appendix 3) 6
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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. 6. Notice of Review Consultation Process 6.1. 1 further representation was received, a Statement of Observations from the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day period from the date on which notification of the request for a review of the case was given. This is attached as Appendix 6. 6.2. The applicant had the opportunity to comment on the further representation received. No comments on the further representation were received from the applicant. Jackie Taylor Executive Director (Finance and Corporate Resources) 8 October 2024 Link(s) to Council Values/Ambitions/Objectives Work with communities and partners to promote high quality, thriving and sustainable communities Accountable, effective, efficient and transparent Previous References None List of Background Papers Guide to the Planning Local Review Body Contact for Further Information If you would like to inspect the background papers or want further information, please contact: Stuart McLeod, Administration Officer Ext: 4815 (Tel: 01698 454815 / 07385 370 117) E-mail: stuart.mcleod@southlanarkshire.gov.uk 7
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Planning Application Forms Appendix 1 2a 9
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Page 1 of 8 Floor 6, Council Offices Almada Street Hamilton ML3 0AA Tel: 0303 123 1015 Email: planning@southlanarkshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100665728-001 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 Refurbishment of warehouse building and change of use to Class 10, Soft Play centre Operating daily from 9.30 am to 6.00pm 2a 11
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Page 2 of 8 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: * Padrino Design Dominic Notarangelo Lonmay Road Millar Crescent 1 2-8 The Wright Business Centre 0141 762 2000 G33 4EL EH10 5HW Scotland UK Glasgow Edinburgh Dominic@padrino.co.uk dominic@padrino.co.uk Gioca leisure Ltd 12
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Page 3 of 8 Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Site Area Please state the site area: Please state the measurement type used: Hectares (ha) Square Metres (sq.m) Existing Use Please describe the current or most recent use: * (Max 500 characters) Access and Parking Are you proposing a new altered vehicle access to or from a public road? * Yes No If Yes please descr be and show on your drawings the position of any existing. Altered or new access points, highlighting the changes you propose to make. You should also show existing footpaths and note if there will be any impact on these. GRAHAM BUILDERS MERCHANTS LTD 560.00 Storage and distribution warehouse. South Lanarkshire Council HAMILTON ML3 7QU 653734 271818 13
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Page 4 of 8 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 10 10 14
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Page 5 of 8 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 All Types of Non Housing Development – Proposed New Floorspace Does your proposal alter or create non-residential floorspace? * Yes No All Types of Non Housing Development – Proposed New Floorspace Details For planning permission in principle applications, if you are unaware of the exact proposed floorspace dimensions please provide an estimate where necessary and provide a fuller explanation in the ‘Don’t Know’ text box below. Please state the use type and proposed floorspace (or number of rooms if you are proposing a hotel or residential institution): * Gross (proposed) floorspace (In square meters, sq.m) or number of new (additional) Rooms (If class 7, 8 or 8a): * If Class 1, please give details of internal floorspace: Net trading spaces: Non-trading space: Total: If Class ‘Not in a use class’ or ‘Don’t know’ is selected, please give more details: (Max 500 characters) 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? * Provision indicated on location plan. Class 10 Non-residential Institutions 560 260300 15
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Page 6 of 8 Certificates and Notices CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATION 2013 One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1, Certificate B, Certificate C or Certificate E. Are you/the applicant the sole owner of ALL the land? * Yes No Is any of the land part of an agricultural holding? * Yes No Certificate Required The following Land Ownership Certificate is required to complete this section of the proposal: Certificate A Land Ownership Certificate Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Certificate A I hereby certify that – (1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at the beginning of the period of 21 days ending with the date of the accompanying application. (2) - None of the land to which the application relates constitutes or forms part of an agricultural holding Signed: Dominic Notarangelo On behalf of: Gioca leisure Ltd Date: 22/03/2024 Please tick here to certify this Certificate. * Checklist – Application for Planning Permission Town and Country Planning (Scotland) Act 1997 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information in support of your application. Failure to submit sufficient information with your application may result in your application being deemed invalid. The planning authority will not start processing your application until it is valid. a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to that effect? * Yes No Not applicable to this application b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have you provided a statement to that effect? * Yes No Not applicable to this application c) If this is an application for planning permission, planning permission in principle or a further application and the application is for development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have you provided a Pre-Application Consultation Report? * Yes No Not applicable to this application 16
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Page 7 of 8 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 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) 17
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Page 8 of 8 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 Dominic Notarangelo Declaration Date: 22/03/2024 Payment Details Online payment: Payment date: 22/03/2024 12:58:00 Created: 22/03/2024 12:58 18
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Page 1 of 3 Floor 6, Council Offices Almada Street Hamilton ML3 0AA Tel: 0303 123 1015 Email: planning@southlanarkshire.gov.uk Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid. Thank you for completing this application form: ONLINE REFERENCE 100665728-002 The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when your form is validated. Please quote this reference if you need to contact the planning Authority about this application. Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Applicant or Agent Details Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting on behalf of the applicant in connection with this application) Applicant Agent GRAHAM BUILDERS MERCHANTS LTD South Lanarkshire Council HAMILTON ML3 7QU 653734 271818 19
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Page 2 of 3 Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Padrino Design Dominic Notarangelo Lonmay Road Millar Crescent 1 2-8 The Wright Business Centre 0141 762 2000 G33 4EL EH10 5HW Scotland United Kingdom Glasgow Edinburgh Dominic@padrino.co.uk dominic@padrino.co.uk Gioca Leisure Ltd 20
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Page 3 of 3 Proposal/Application Details Please provide the details of the original application(s) below: Was the original application part of this proposal? * Yes No Application Details Please select which application(s) the new documentation is related to. Application: * Document Details Please provide an explanation as to why the documentation is being attached after the original application was submitted: * (Max 500 characters) Checklist – Post Submission Additional Documentation Please complete the following checklist to make sure you have provided all the necessary information in support of your application. The additional documents have been attached to this submission. * Yes No Declare – Post Submission Additional Documentation I/We the applicant/agent certify that this is a submission of Additional Documentation, and that all the information given in this submission is true to the best of my/the applicants knowledge. Declaration Name: Mr Dominic Notarangelo Declaration Date: 08/04/2024 100665728-001, application for Planning Permission, submitted on 22/03/2024 Requested for validation 21
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Report of Handling Report dated 17 May 2024 by the Council’s Authorised Officer under the Scheme of Delegation Appendix 2(a) 2b 23
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Reference no. P/24/0367 Delegated Report Date 17 May 2024 Planning proposal: Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen Location: Graham Builders Merchants Ltd Cadzow Industrial Estate Hamilton ML3 7QU Application Type : Detailed planning application Applicant : Gioca leisure Ltd Location : Graham Builders Merchants Ltd Cadzow Industrial Estate Hamilton ML3 7QU Decision: Other action/notes: Application refused None Report by: Area Manager (Planning & Building Standards) Policy reference: National Planning Framework 4 (adopted 13 February 2023) Policy 26 - Business and Industry South Lanarkshire Local Development Plan 2 (adopted 2021) Policy 5 - Development Management and Placemaking Policy 8 - Employment Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas 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 Consultations Summary of response Roads Development Management Team Environmental Services Have advised that on the basis of the proposed customer and staff numbers that 17 car parking spaces are required, however, the proposal has only 10 associated car parking spaces. They have objected to the proposal on the basis that there is insufficient vehicle parking provision on the site. Have advised that they have no objection to the proposal, 2b 25
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subject to the imposition of advisory notes relating to food safety, asbestos, formal action and noise. Representation(s): ► 0 Objection letters ► 1 Support letter ► 0 Comment letters 26
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Planning Application Delegated Report 1 Application Summary 1.1 The site extends to 0.06ha and is situated within the established Cadzow Industrial Estate in Hamilton. The site relates to a detached single storey steel frame building clad in profile metal sheeting, with an associated yard and parking area. Grahams Builders Merchant operated the unit as a Class 6 (Storage or Distribution) use with associated trade counter, however, it now appears to be vacant. 1.2 The area is industrial in nature and the site is enclosed to the north by the access road to the industrial estate and further by a scrap metal merchant. The site is enclosed to the east by a sub station and a yard area, separation is provided by pallisade fencing. The site is enclosed to the south by a small industrial unit occupied by Hamilton Radio Cars, a mast and further by open space. In addition, the site is enclosed to the west by open space. The Cadzow Industrial Estate is characterised by industrial and commercial buildings and land uses and it was noted during the site visit that there is a lot of heavy vehicle movement associated with these operations. 1.3 The proposal relates to a change of use from a storage and distribution warehouse (Class 6) to a soft play centre (Class 11) and the external alterations include the installation of a flue relating to an ancillary kitchen. The proposal seeks to accommodate two play frames, two party rooms and a kitchen/preparation area. The agent has advised that there is likely to be five staff members associated with the proposed operations. 1.4 The vehicular access to the site is shared with an adjacent property and this existing access will remain. In addition, there are ten car parking spaces associated with the proposed development. 2 Representation(s) 2.1 Statutory neighbour notification was undertaken and the application was also advertised in the local newspaper. Following this publicity one letter of support was received in relation to the application and this is summarised below:- (a) The proposal will bring employment to the area and will provide a place for children to play and adults to relax. In addition, the changes which have already been undertaken to the building will make the area more welcoming. Response: Noted. A full assessment of the merits of the proposal have been undertaken in Section 3 below. 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. The determining issues in the consideration of this application are its compliance with the adopted National Planning Framework 4 and the adopted South Lanarkshire Local Development Plan 2. 3.2 Policy 26 of NPF4 seeks to encourage, promote and facilitate business and industry uses. The policy establishes that Local Development Plans should allocate sufficient land for business and industry, taking into account business and industry land audits, in particular ensuring that there is a suitable range of sites that meet current market demand, location, size and quality in terms of accessibility and services. In addition, the policy states that business and industrial uses on sites allocated in the Local Development Plan will be 27
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supported. The site is affected by the core industrial and business designation within the adopted Local Development Plan. With regards to proposed alternative uses on designated industrial and business land, part (c) of Policy 26 states that other employment uses will be supported where they will not prejudice the primary function of the area and are compatible with the established business and industrial character. 3.3 The proposal relates to the occupation of the existing unit for a soft play use which falls within Class 11 (Assembly and Leisure) of the Town and Country Planning (Use Classes (Scotland) Order 1997, as amended, which generally relates to provision of areas for indoor or outdoor sports or recreation. In relation to part (c) of Policy 26 it is considered that the occupation of this site for an assembly and leisure use, would adversely impact upon the primary business and industrial function of the area without any appropriate justification. Therefore, the proposal fails to meet any of the relevant requirements and criteria of Policy 26 of NPF4 and is subsequently considered to be contrary to the provisions of this policy. 3.4 The site is designated as a core industrial and business area under the provisions of Policy 8 ‘Employment’ of the adopted Local Development Plan. This policy establishes that the Council will support sustainable economic growth and regeneration by encouraging the development of business in South Lanarkshire. This policy further establishes that the designated core industrial and business areas will be retained to accommodate Class 4, 5 and 6 industrial/business uses. Therefore, the proposed occupation of the site as a softplay centre would be contrary to the provisions of Policy 8 of the adopted Local Development Plan. 3.5 Policy ICD2 of the adopted Local Development Plan relates to ‘Non-conforming Uses in Core Industrial/Business Areas’ and provides a detailed criteria which non-conforming proposals require to be assessed against. Following review, it is considered that the proposed development does not meet the terms of criteria (a) as it will adversely impact on the marketable industrial land supply in terms of quantity, range and quality. In addition, the proposed change of use and associated traffic movement will adversely impact on the industrial character and function of the area, contrary to part (d) of this policy. 3.6 In relation to the part (e) of the policy criteria identified in ICD2, whilst a marketing brochure has been submitted, no further detailed information has been provided from the agent which identifies that the property has been marketed for a six month period with no interest from a class 4, 5 or 6 operator. In addition, Roads and Transportation Services have objected to the proposal on the basis that there is insufficient vehicle parking provision on the site and therefore the proposal does not meet the terms of policy criteria (h). The policy also requires that proposals for non-conforming uses should be accompanied by a business plan demonstrating the viability of the business and a justification for locating in an industrial area. However, the Planning Services have not received a business plan in relation to the current planning application. Therefore, the proposal fails to meet the relevant requirements and criteria of Policy ICD2 of the adopted Local Development Plan and is subsequently considered to be contrary to the provisions of this policy. 3.7 Policy 5 of the adopted Local Development Plan identifies that all development proposals will require to take account of and be integrated with the local context and built form. The site relates to an established industrial/business area and it is considered that the introduction of a non-conforming use and the associated traffic generation would result in an adverse impact on the established amenity of the adjacent and nearby business and industrial operators. Therefore, it is considered that the proposal does not accord with the provisions of Policy 5 of the adopted Local Development Plan. 28
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3.8 In summary, taking all of the above into account, there are no exceptions to policy which would justify a soft play use at this location. The application does not accord with the provisions of Policy 26 of National Planning Framework 4 and Policies 5, 8 and ICD2 of the adopted South Lanarkshire Local Development Plan 2 and there are no material considerations which would outweigh this variance with the Development Plan. In view of this, I consider the application be refused planning permission. 4 Reason for decision 4.1 The proposed change of use to soft play centre in the designated core industrial and business area is contrary to the provisions of Policy 26 of the adopted National Planning Framework 4 and Policies 5, 8 and ICD2 of the South Lanarkshire Local Development Plan 2. There are no material considerations which would outweigh this variance with the Development Plan. 29
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Delegating officer: David Russell Date: 21st May 2024 Previous references None List of background papers ► Application Form ► Application Plans ► Press Advert, Hamilton Advertiser, dated 25 April 2024 ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter, dated 17.04.2024 ► Consultations Roads Development Management Team 17.05.2024 Environmental Services 22.04.2024 ► Letter of Support Mr Nick French, 17 Church Wynd, Boness, West Lothian 25.04.2024 Contact for further information If you would like to inspect the background papers or want further information, please contact:- Gail Neely, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551841002 Email: gail.neely@southlanarkshire.gov.uk 30
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Planning Application Application number: P/24/0367 Reasons for refusal 01. The proposed development does not accord with the provisions of Policy 26 'Business and Industry' of National Planning Framework 4 as the site is an allocated core industrial and business area and the proposal does not meet any of the criteria identified in this policy. 02. The proposed soft play centre (Class 11 Assembly and Leisure) is contrary to Policy 8 'Employment' of the adopted South Lanarkshire Local Development Plan 2 as designated core industrial and business areas are allocated to accommodate industrial and business (Class 4, 5 and 6) uses. 03. The proposal does not accord with the provisions of Policy ICD2 'Non-conforming Uses in Core Industrial/Business Areas' of the adopted South Lanarkshire Local Development Plan 2 as it does not meet the terms of the criteria identified within the policy and a business plan demonstrating the viability of the business and a justification for locating within an industrial area has not been submitted to the Planning Service. 04. The proposal does not accord with the provisions of Policy 5 of the adopted South Lanarkshire Local Development Plan 2 as the introduction of a non-conforming use and the associated traffic generation would result in an adverse impact on the established amenity of the existing business and industrial operators within Cadzow Industrial Estate. Reason(s) for decision The proposed change of use to soft play centre in the designated core industrial and business area is contrary to the provisions of Policy 26 of the adopted National Planning Framework 4 and Policies 5, 8 and ICD2 of the South Lanarkshire Local Development Plan 2. There are no material considerations which would outweigh this variance with the Development Plan. Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status 00 Refused 01 Refused 02 Refused 03 Refused 04 Refused 05 Refused 06 Refused 07 Refused 31
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08 Refused 32
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Consultation Responses Response dated 22 April 2024 from Environmental Services Response dated 16 May 2024 from Roads, Transportation and Fleet Services Appendix 2(b) 2c 33
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Community & Enterprise Resources Executive Director David Booth Planning and Regulatory Services Brandon Gate, 1 Leechlee Road, Hamilton ML3 0XB Phone: 0303 123 1015 Email: stuart.currie@southlanarkshire.gov.uk To: Planning & Building Standards Services Our Ref. SXC/506838 Your Ref. P/24/0367 If Calling Ask for Stuart Currie CC: Phone 0303 123 1015 From: Stuart Currie Date. 22 April 2024 Subject: Application Ref: P/24/0367 Address: Graham Builders Merchants Ltd Cadzow Industrial Estate Hamilton ML3 7QU Proposed Development: Use of storage and distribution warehouse (Class 6) as soft play I refer to the above planning application consultation and would comment as follows; I have no objections to the proposal Environmental Protection: None Commercial: None I would also request that if the application is approved, then the following advisory notes are attached to the decision notice for the applicant’s information; ADV NOTE 1. Commercial premises: Health & Safety at Work Act 1974 etc The applicant is advised that as the premises will be used for commercial purposes, the Health & Safety at Work Act 1974 and Regulations made there under will apply. The applicant is advised to contact Environmental Services at an early stage of the project, to ensure compliance with current legislation, so that difficulties do not arise when the development is operational. Further details of this may be obtained from: South Lanarkshire Council, Environmental Services, Brandon Gate, Hamilton, ML3 0XB. ADV NOTE 2. All non-domestic food preparation & sales areas: Food Safety Act 1990 The applicant is advised that, as the premises will be used for the preparation, sale or consumption of food, the Food Safety Act 1990 and Regulations made there under will apply. The applicant is advised to contact Environmental Services at an early stage of the project, to ensure compliance with current legislation, so that difficulties do not arise when the development is operational. 2c 35
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Community & Enterprise Resources Executive Director David Booth Planning and Regulatory Services Brandon Gate, 1 Leechlee Road, Hamilton ML3 0XB Phone: 0303 123 1015 Email: stuart.currie@southlanarkshire.gov.uk Further details of this may be obtained from: South Lanarkshire Council, Environmental Services, Brandon Gate, Hamilton, ML3 0XB. ADV NOTE 03 Construction and Demolition (BS 5228) The applicant is advised that all works carried out on site must be carried out in accordance with the current BS5228, Code of Practice for Noise and Vibration Control on Construction and Open Sites. The applicant is further advised that audible construction activities should be limited to, Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday – No audible activity when assessed at the site boundary. The applicant is advised that Environmental Services may consider formally imposing these hours of operation by way of statutory notice should complaints be received relating to audible construction activity outwith these recommended hours and should such complaints may be justified by Officers from this Service. Further details of this may be obtained from: South Lanarkshire Council, Environmental Services, Brandon Gate, Hamilton, ML3 0XB. ADV NOTE 4 Formal action may be taken if nuisance occurs. None of the above conditions will preclude formal action being taken by the Executive Director of Community & Enterprise Resources against the person responsible for any nuisance which may arise due to the operation of the proposed development. ADV NOTE 6 Demolition and Asbestos Prior to demolition the existing structure should be surveyed for the presence of materials containing asbestos. Where such materials exist, removal works and any statutory notifications should comply with current legislation and Health and Safety Executive guidance. Additional information is available on the Health & Safety Executives website www.hse.gov.uk/ and or from South Lanarkshire Council, Environmental Services, Brandon Gate, Hamilton, ML3 0XB Tel – 0303 123 1015. Should you require any further information, please contact Stuart Currie. Stuart Currie Environmental Health Officer 36
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Community and Enterprise Resources Executive Director David Booth Roads, Transportation and Fleet Services – Transportation Engineering Council Offices (Floor 7), Almada Street, Hamilton ML3 0AA Email: david.manson@southlanarkshire.gov.uk To: Planning Planning Application No: P/24/0367 Case Officer: Gail Neely From: Development Management Roads, Transportation and Fleet Services Contact: David Manson Phone Ext: 07795-090677 (mobile) Date: 16th May 2024 Subject: OBSERVATIONS ON PLANNING APPLICATION P/24/0367 Location: Graham Builders Merchants Ltd., Cadzow Industrial Estate, Hamilton ML3 7QU I refer to the application dated 9th April 2024, received in this office on 17th April 2024. This application is for the Use of a storage and distribution warehouse (Class 6) as a soft play centre (Class 11). The roads within the Cadzow Industrial Estate are not part of the public road network. The warehouse is quoted as being 560 sqm. The proposals are for 300 sqm trading space, and 260 sqm non-trading space. There are ten existing parking spaces within the site, which would remain. A request for additional information was sent to the agent (i.e. the maximum user capacity, and the anticipated number of staff). Subsequently, the agent anticipated that the largest number of customers at any one time would be thirty. He also confirmed that there would be five members of staff. Based on the minimum parking standards of one space per two customers, plus one space per three members of staff, a minimum of seventeen parking spaces would be required. This Service would object to this application due to insufficient vehicle parking provision. 37
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Representation Representation From Nick French Appendix 2(c) 2d 39
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Comments for Planning Application P/24/0367 Application Summary Application Number: P/24/0367 Address: Graham Builders Merchants Ltd Cadzow Industrial Estate Hamilton ML3 7QU Proposal: Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen Case Officer: Gail Neely Customer Details Name: Mr Nick French Address: 17 church wynd Boness West Lothian Comment Details Commenter Type: Member of public Stance: Customer made comments in support of the Planning Application Comment Reasons: Comment:This is what Hamilton needs bring more employment to the area a save place for children to play and parents are able to come together and have a chat with a coffee etc . This difference already with the changes to the outside is fantastic makes this area more welcoming to other business round about the industrial estate. 2d 41
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Site photographs and location plan Appendix 3 2e 43
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Planning Decision Notice and Reasons for Refusal Appendix 4 2f 55
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email gail.neely@southlanarkshire.gov.uk Phone: 07551841002 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Dominic Notarangelo Padrino Design The Wright Business Centre 1 Lonmay Road Glasgow G33 4EL Our Ref: P/24/0367 Your Ref: If calling ask for: Gail Neely Date: 23 May 2024 Dear Sir/Madam Proposal: Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen Site address: Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton, ML3 7QU, Application no: P/24/0367 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 Gail Neely on 07551841002 Yours faithfully Head of Planning and Regulatory Services Enc: 2f 57
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Gioca Leisure Ltd Gioca leisure Ltd Per: Dominic Notarangelo 2-8 Millar Crescent, Edinburgh, EH10 5HW, The Wright Business Centre, 1 Lonmay Road, Glasgow, G33 4EL, With reference to your application received on 22.03.2024 for planning permission under the above mentioned Act: Description of proposed development: Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen Site location: Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton, ML3 7QU, SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act hereby: REFUSE PLANNING PERMISSION for the above development in accordance with the plan(s) specified in this decision notice and the particulars given in the application, for the reason(s) listed overleaf in the paper apart. Date: 23rd May 2024 Head of Planning and Regulatory Services This permission does not grant any consent for the development that may be required under other legislation, e.g. Building Warrant or Roads Construction Consent. South Lanarkshire Council Community and Enterprise Resources Planning and Regulatory Services Application no. P/24/0367 58
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/24/0367 Reason(s) for refusal: 01. The proposed development does not accord with the provisions of Policy 26 'Business and Industry' of National Planning Framework 4 as the site is an allocated core industrial and business area and the proposal does not meet any of the criteria identified in this policy. 02. The proposed soft play centre (Class 11 Assembly and Leisure) is contrary to Policy 8 'Employment' of the adopted South Lanarkshire Local Development Plan 2 as designated core industrial and business areas are allocated to accommodate industrial and business (Class 4, 5 and 6) uses. 03. The proposal does not accord with the provisions of Policy ICD2 'Non-conforming Uses in Core Industrial/Business Areas' of the adopted South Lanarkshire Local Development Plan 2 as it does not meet the terms of the criteria identified within the policy and a business plan demonstrating the viability of the business and a justification for locating within an industrial area has not been submitted to the Planning Service. 04. The proposal does not accord with the provisions of Policy 5 of the adopted South Lanarkshire Local Development Plan 2 as the introduction of a non-conforming use and the associated traffic generation would result in an adverse impact on the established amenity of the existing business and industrial operators within Cadzow Industrial Estate. Reason(s) for decision The proposed change of use to soft play centre in the designated core industrial and business area is contrary to the provisions of Policy 26 of the adopted National Planning Framework 4 and Policies 5, 8 and ICD2 of the South Lanarkshire Local Development Plan 2. There are no material considerations which would outweigh this variance with the Development Plan. 59
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Important notes Notes to applicant Application number: P/24/0367 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 00 Refused 01 Refused 02 Refused 03 Refused 04 Refused 05 Refused 06 Refused 07 Refused 08 Refused Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Town and Country Planning (Scotland) Act 1997 60
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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. 61
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Notice of Review (including Statement of Reasons for Requiring the Review) submitted by applicant Gioca Leisure Limited Appendix 5 2g 63
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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 100665728-007 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 Padrino Design Dominic Notarangelo Lonmay Road 1 The Wright Business Centre 0141 762 2000 G33 4EL Scotland Glasgow Dominic@padrino.co.uk 2g 65
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr GRAHAM BUILDERS MERCHANTS LTD Davide South Lanarkshire Council Perella Millar Crescent 8 HAMILTON ML3 7QU EH10 5HW UK 653734 Edinburgh 271818 dominiv@padrino.co.uk Gioca Leisure Ltd 66
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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) Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen | Graham Builders Merchants Ltd Cadzow Industrial Estate Hamilton ML3 7QU Please refer to attached Statement of Appeal Updated car park layout submitted tocomply with Roads and transportation requirements as per the consultation report which was available but not presented to the applicants' agent prior to refusal 67
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. Statement of Appeal Doc's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 & 16 P/24/0367 23/05/2024 22/03/2024 68
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr Dominic Notarangelo Declaration Date: 25/06/2024 69
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Planning Appeal Refusal of Application P/24/0367 Graham Builders Merchants Cadzow Industrial Estate Hamilton ML3 7QU P A D R I N O D E S I G N The Wright Business Centre 1 Lonmay Road Glasgow G33 4EL t. 0141 762 2000 w. www.padrino.co.uk 71
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The site is the former Grahams Builders merchants storage and sales counter building which is situated on the fringe of the Cadzow Industrial Estate The, agreed, planning application description was “P/24/0367 | Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen | Graham Builders Merchants Ltd Cadzow Industrial Estate Hamilton ML3 7QU” This confirms that the use of the building is Class 6 'Storage or Distribution and not Class 5 'General industrial. Class 6 permits change to Class 4 'Business'. The application for use as soft play could be considered as either business or assembly and leisure, hence the Class 11 application. It should be noted that in all applications submitted to South Lanarkshire council the case officer came back to Padrino design with consultee and planning officers' input for discussion purposes prior to moving to a decision. Turning to the reasons for refusal we would respond as follows. Reasons for refusal 01. The proposed development does not accord with the provisions of Policy 26 'Business and Industry' of National Planning Framework 4 as the site is an allocated core industrial and business area and the proposal does not meet any of the criteria identified in this policy. Response to Reason 01. NPF4 Policy 26 This is not a large industrial site, it is outdated and industry is moving to more modern sites. Research shows a number of voids in the estate and this unit was vacant on purchase, therefore the proposed use would not prevent other businesses moving into this estate of any of the other vacant industrial units in South Lanarkshire. As such this proposal would not prejudice the other uses on he site which do include a number of small traders within the building trade and other sectors.As already stated the site sits on the periphery of the estate and shrouded by trees between the building and housing (150 metres)s The policy 26 criteria are met by:- The proposal supports the conserving and recycling of assets (the Building), the thermal capacity of which will be upgraded to 2024 standards. The proposal supports local living in that patrons will no longer need to visit another town. The proposal supports compacting urban growth in that the site lies within an area of established residential/business properties The proposal rebalances development as it puts a lighter business use, creating a buffer between 72
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residential and industrial sites The upgrading of the thermal capacity of the building assist in tackling climate change as the building will no longer be an, uninsulated, warehouse. The site is located within a, thriving, 20 minute neighbourhood with sustainable public transport links.. Reason 02. The proposed soft play centre (Class 11 Assembly and Leisure) is contrary to Policy 8 'Employment of the adopted South Lanarkshire Local Development Plan 2 as designated core industrial and business areas are allocated to accommodate industrial and business (Class 4, 5 and 6) uses. Response to 02. In terms of Employment we would advise as follows:- At an open event to test workforce availability 127 interested members of the local community attended. The breakdown was as follows:+ 50% in the 16-17 age bracket, 25% in the 18-21 age bracket, 15% in the 22-19 age bracket, and 10% over 40. These figures are not surprising to the applicant who is an experienced operator in the industry. Experience indicates that the market for jobs is for young people looking for a day or two as they make their way through further education. This proposal could present part time opportunities for up to 30 local young persons. As mentioned the applicants are experienced in the industry, they know that repurposing vacant industrial buildings for Soft Play use provides the best experience for young children which is why town centre locations rarely work due to the characteristics of the ideal building as mentioned above. As already indicated a soft play facility is a business use. Reason 03. The proposal does not accord with the provisions of Policy ICD2 'Non-conforming Uses in Core Industrial/Business Areas' of the adopted South Lanarkshire Local Development Plan 2 as it does not meet the terms of the criteria identified within the policy and a business plan demonstrating the viability of the business and a justification for locating within an industrial area has not been submitted to the Planning Service. 73
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Response to 03. Business plans are, largely; confidential. The applicants are experienced operators and operate various leisure industry sites in Scotland, including one on the list below. Given the applicants experience in the industry, they know that repurposing vacant industrial buildings for Soft Play use provides the best experience, and learning outcomes, for young children which is why town centre locations rarely work due to the characteristics of town centre buildings which lack the obstacle free floor plate required for a successful soft play facility.. Reason 04. The proposal does not accord with the provisions of Policy 5 of the adopted South Lanarkshire Local Development Plan 2 as the introduction of a non-conforming use and the associated traffic generation would result in an adverse impact on the established amenity of the existing business and industrial operators within Cadzow Industrial Estate. Response to 04. The Roads Transport Consultation report (Doc 12) of 16th may was not, contrary to normal practice, sent to the agent for the application. The attached drawing (Doc 12) illustrates a revision of Doc2 which would satisfy the Roads and Transport requirements. Conclusions The application site lends itself, admirably well, to this repurposing. The site lies on the fringe of an industrial estate is bounded by green network and lies 150 metres form a dense population with many community facilities and would be a place making addition to the 20 minute neighbourhood. The Committee may wish to consider that it is appropriate that this application is approved Subject to, any appropriate conditions. Supporting Documents. Doc 1 CZO Application form Doc 2 CZO Location Plan Doc 3 CZO Application form, additional drawings Doc 4 CZO Block Plan as Existing 74
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Doc 5 CZO Block Plan as Proposed Doc 6 CZO Plan as Existing Doc 7 CZO Plan as Proposed Doc 8 CZO Elevations as Existing Sheet 1 Doc 9 CZO Elevations as Existing Sheet 2 Doc 10 CZO Elevations as Proposed Sheet 1 Doc 11 CZO Elevations as Proposed Sheet 2 Doc 12 CZO Roads Transportation consultation Doc 13 CZO Revised Block Plans Doc 14 CZO Report of handling Doc 15 CZO Decision Notice Doc 16 CZO E mail exchange with case officer post decision. 75
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The planning application forms are included at Appendix 1 of the review documents. Statement of appeal submitted by the agent on behalf of the applicant refers to the application forms as follows:- Doc 1 CZO Application form Doc 3 CZO Application form, additional drawings 76
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Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton, South Lanarkshire, ML3 7QU Location Plan shows area bounded by: 271747.35, 653663.26 271888.77, 653804.68 (at a scale of 1:1250), OSGridRef: NS71815373. The representation of a road, track or path is no evidence of a right of way. The representation of features as lines is no evidence of a property boundary. Produced on 20th Mar 2024 from the Ordnance Survey National Geographic Database and incorporating surveyed revision available at this date. Reproduction in whole or part is prohibited without the prior permission of Ordnance Survey. © Crown copyright 2024. Supplied by www.buyaplan.co.uk a licensed Ordnance Survey partner (100053143). Unique plan reference: #00887687-D5E3A8. Ordnance Survey and the OS Symbol are registered trademarks of Ordnance Survey, the national mapping agency of Great Britain. Buy A Plan® logo, pdf design and the www.buyaplan.co.uk website are Copyright © Passinc Ltd 2024. Locality Plan scale 1:1250 March 2024 2405 D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N DN Locality Plan 00 P A D R I N O D E S I G N The Wright Business Centre 1 Lonmay road GLASGOW G33 4EL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk 1:1250 @A4 5 Scale in metres 1005 20 30 40 50 North Gioca Leisure LtdUnit 4 Cadzow Industiral Estate Hamilton ML3 7QU Refuse & recycling 77
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Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton, South Lanarkshire, ML3 7QU Location Plan shows area bounded by: 271747.35, 653663.26 271888.77, 653804.68 (at a scale of 1:1250), OSGridRef: NS71815373. The representation of a road, track or path is no evidence of a right of way. The representation of features as lines is no evidence of a property boundary. Produced on 20th Mar 2024 from the Ordnance Survey National Geographic Database and incorporating surveyed revision available at this date. Reproduction in whole or part is prohibited without the prior permission of Ordnance Survey. © Crown copyright 2024. Supplied by www.buyaplan.co.uk a licensed Ordnance Survey partner (100053143). Unique plan reference: #00887687-D5E3A8. Ordnance Survey and the OS Symbol are registered trademarks of Ordnance Survey, the national mapping agency of Great Britain. Buy A Plan® logo, pdf design and the www.buyaplan.co.uk website are Copyright © Passinc Ltd 2024. North Block Plan as Existing scale 1:500 March 2024 2405 D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N DN Blocl Plan as Existing 01 P A D R I N O D E S I G N The Wright Business Centre 1 Lonmay road GLASGOW G33 4EL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk 1:500 @A4Gioca Leisure LtdUnit 4 Cadzow Industiral Estate Hamilton ML3 7QU 5 Scale in metres 1005 20 30 40 78
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, Hamilton, South Lanar y: 271747.35, 653663.26 271888.77, 653804.68 (at a scale of 1:1250), OSGr ty boundary. aphic Database and incor North Block Plan as Proposed scale 1:500 March 2024 2405 D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N DN Blocl Plan as Proposed 02 P A D R I N O D E S I G N The Wright Business Centre 1 Lonmay road GLASGOW G33 4EL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk 1:500 @A4Gioca Leisure LtdUnit 4 Cadzow Industiral Estate Hamilton ML3 7QU 5 Scale in metres 1005 20 30 40 Refuse & recycling 79
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D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N P A D R I N O D E S I G N PO Box 2868 Bishopriggs Glasgow G64 9AL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk Apr 24 DN 1:100 @ A3Plan as Existing 032405 Gioca Leisure Ltd Unit 4 Cadzow Industiral Estate Hamilton ML3 7QU 0 1 2 3 4 5 6 7 81 Scale in metres 80
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D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N P A D R I N O D E S I G N PO Box 2868 Bishopriggs Glasgow G64 9AL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk Apr 24 DN 1:100 @ A3Plan as Proposed 042405 Gioca Leisure Ltd Unit 4 Cadzow Industiral Estate Hamilton ML3 7QU 0 1 2 3 4 5 6 7 81 Scale in metres Prep Room Party Room Party Room Male Female Accessible Play frame No 1 Play frame No 2 Entrance 81
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D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N P A D R I N O D E S I G N PO Box 2868 Bishopriggs Glasgow G64 9AL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk Apr 24 DN 1:100 @ A3Elevayions as Existing Sheet 1 052405 Gioca Leisure Ltd Unit 4 Cadzow Industiral Estate Hamilton ML3 7QU South East Elevation as Existing North East Elevation as Existing 82
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D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N P A D R I N O D E S I G N PO Box 2868 Bishopriggs Glasgow G64 9AL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk Apr 24 DN 1:100 @ A3Elevations as Existing Sheet 2 062405 Gioca Leisure Ltd Unit 4 Cadzow Industiral Estate Hamilton ML3 7QU North West Elevation as Existing South West Elevation as Existing 83
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D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N P A D R I N O D E S I G N PO Box 2868 Bishopriggs Glasgow G64 9AL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk Apr 24 DN 1:100 @ A3Elevayions as Proposed Sheet 1 072405 Gioca Leisure Ltd Unit 4 Cadzow Industiral Estate Hamilton ML3 7QU South East Elevation as Proposed North East Elevation as Proposed New Galavanised metal ventilation extract flue 84
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D R A W I N G P R O J E C T C L I E N T D A T E D R A W N S C A L E J O B No. D R A W I N G No. R E V I S I O N P A D R I N O D E S I G N PO Box 2868 Bishopriggs Glasgow G64 9AL tel. 0141 762 2000 fax. 0141 762 2001 design@padrino.co.uk www.padrino.co.uk Apr 24 DN 1:100 @ A3Elevations as Proposed Sheet 2 082405 Gioca Leisure Ltd Unit 4 Cadzow Industiral Estate Hamilton ML3 7QU North West Elevation as Proposed South West Elevation as Proposed New Galavanised metal ventilation extract flue 85
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The consultation response from Roads, Transportation and Fleet Services is included at Appendix 2(b) of the review documents. Statement of appeal submitted by the agent on behalf of the applicant refers to the consultation response as follows:- Doc 12 CZO Roads Transportation consultation The Delegated Report of Handling is included at Appendix 2(a) of the review documents. Statement of appeal submitted by the agent on behalf of the applicant refers to the report of handling as follows:- Doc 14 CZO Report of handling The Planning Decision Notice is included at Appendix 4 of the review documents. Statement of appeal submitted by the agent on behalf of the applicant refers to the decision notice as follows:- Doc 15 CZO Decision Notice 86
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23/06/2024, 20:13 Roundcube Webmail :: RE: Decision for application no. P/24/0367 https://webmail.padrino.co.uk/cpsess0710670941/3rdparty/roundcube/index.php?_task=mail&_safe=0&_uid=66595&_mbox=INBOX&_action=print&_extwin=1 1/5 Subject RE: Decision for application no. P/24/0367 From Neely, Gail <Gail.Neely@southlanarkshire.gov.uk> To Dominic Notarangelo <dominic@padrino.co.uk> Date 2024-06-06 12:16 Dear Dominic I note your comments below. In relation to the consultation response from Roads and Transportation Services, as detailed in the delegated report the key reasons for refusal were that the proposal was considered contrary to the Development Plan land use policies. In this instance, a meeting cannot change this allocation and I seek to reiterate my advice that your client should consider progressing this issue through the emerging Local Development Plan process. With regards to the application, if you dispute the decision then this is for the Local Review Board process. Unfortunately, I cannot be of further assistance in relation to this matter. Regards Gail Gail Neely MRTPI, Planning Officer Planning and Regulatory Services, Community and Enterprise Resources, South Lanarkshire Council, Council Offices, Floor 6, Almada Street, Hamilton, ML3 0AA Tel: 075518 41002, E:mail: gail.neely@southlanarkshire.gov.uk, Web: Planning and building standards - South Lanarkshire Council Further information on our commitment to our customers can be found in our Customer Charters using the following link: Planning and Enforcement Charters - South Lanarkshire Council More information about Contact Scotland BSL can be found at their website https://contactscotland-bsl.org/ -----Original Message----- From: Dominic Notarangelo <dominic@padrino.co.uk> Sent: Wednesday, June 5, 2024 3:16 PM To: Neely, Gail <Gail.Neely@southlanarkshire.gov.uk> Cc: Clark, Steven <Steven.Clark@southlanarkshire.gov.uk> Subject: Re: Decision for application no. P/24/0367 Thank you for your reply Gail. Over a working life of 52 years I have been party to all manner of engagements with planning authorities. The main thrust of my question was around the fact that, unlike the twoo applications that I referenced you did not offer me the chance to see the Roads Consultation before moving to refusal I also understand fom an ex SLC planning officer that presenting the roads report is/should be standard practice. I not what you say about local review however, with respect, I think you may have got that one wrong. To go to the LRC i would need to introduce something new, in so doing I would need to provide, exceptional, justification. That justification would have to be that you did not advise me of the Roads comment and that would be placed in front of the elected members. Now you know why i suggested a meeting as once something is in print there is seldom any going back. 87
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23/06/2024, 20:13 Roundcube Webmail :: RE: Decision for application no. P/24/0367 https://webmail.padrino.co.uk/cpsess0710670941/3rdparty/roundcube/index.php?_task=mail&_safe=0&_uid=66595&_mbox=INBOX&_action=print&_extwin=1 2/5 So can we have a meeting? Regards Dominic P A D R I N O D E S I G N The Wright Business Centre 1 Lonmay Road Glasgow G33 4EL t. 0141 762 2000 f. 0141 762 2001 On 2024-06-05 13:50, Neely, Gail wrote: Dear Dominic I refer to your email below and I note your comments. The Planning Service do generally engage with agents if we consider that matters relating to an application can be resolved during the planning application process. However, planning application P/24/0367 for the 'use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen' was for a non-conforming use within a protected Industry and Business location, as detailed in the delegated report, and therefore it was considered that there was no scope for further discussion regarding this proposal. Whilst there is often scope to engage applicants to try and resolve technical constraints or issues of road design, application P/24/0367 presented fundamental land-use planning issues which could not be resolved via further discussion. As such we did not seek dialogue in this instance. I note your request for a meeting, however unfortunately this will not change the current land-use policy position of the site. Should your client be committed to pursuing a non-conforming use on this site in the medium to long term, they may wish to pursue a review through the Local Development Plan process. If you require any further information please do not hesitate to contact me on the number below. Kind Regards Gail Gail Neely MRTPI, Planning Officer Planning and Regulatory Services, Community and Enterprise Resources, South Lanarkshire Council, Council Offices, Floor 6, Almada Street, Hamilton, ML3 0AA Tel: 075518 41002, E:mail: gail.neely@southlanarkshire.gov.uk, Web: Planning and building standards - South Lanarkshire Council Further information on our commitment to our customers can be found in our Customer Charters using the following link: Planning and Enforcement Charters - South Lanarkshire Council More information about Contact Scotland BSL can be found at their website https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcont actscotland-bsl.org%2F&data=05%7C02%7CGail.Neely%40southlanarkshire.go v.uk%7Cfe4e9baa216c4ab6739208dc856a2385%7Cd38231f1615c4749b323dc7c7ad5 eeba%7C0%7C0%7C638531938112040242%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4w LjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sd ata=dp1RdgBYDmVqIZo6qtIptCktQEva8M76SOxt6hLdmjQ%3D&reserved=0 [1] -----Original Message----- 88
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23/06/2024, 20:13 Roundcube Webmail :: RE: Decision for application no. P/24/0367 https://webmail.padrino.co.uk/cpsess0710670941/3rdparty/roundcube/index.php?_task=mail&_safe=0&_uid=66595&_mbox=INBOX&_action=print&_extwin=1 3/5 From: Dominic Notarangelo <dominic@padrino.co.uk> Sent: Tuesday, May 28, 2024 11:07 PM To: Neely, Gail <Gail.Neely@southlanarkshire.gov.uk> Subject: Re: Decision for application no. P/24/0367 Good morning Gail. I have to say that i was somewhat surprised to receive this decision notice without prior engagement. One of the things that I like to observe, in my 52 years in the role, is consistency. In the case of two SLC applications, namely P/23/1571 and P/22/1052 I was given the Roads Service consultation and and a chance to respond. Indeed, in the case of 9/22/1052 I was afforded the opportunity to visit Almada Street and meet with he Case officer and an Officer from roads. I would welcome the chance for a meeting with yourself prior to my submitting a fresh application as opposed to Local review. I look forward to hearing from you. Many thanks Dominic Dominic Notarangelo P A D R I N O D E S I G N The Wright Business Centre 1 Lonmay Road Glasgow G33 4EL t. 0141 762 2000 f. 0141 762 2001 On 2024-05-23 14:57, gail.neely@southlanarkshire.gov.uk wrote: Dear Dominic Notarangelo Please find attached correspondence from South Lanarkshire Council, with regards to the Planning application number P/24/0367. If you have any queries, about the content of the attached letter, please do not hesitate to contact the Case Officer. Yours sincerely Gail Neely Planning officer Phone: 07551841002 Email: gail.neely@southlanarkshire.gov.uk South Lanarkshire Council, Floor 6, Council HQ, Almada Street, Hamilton, South Lanarkshire, ML3 0AA South Lanarkshire Council89
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23/06/2024, 20:13 Roundcube Webmail :: RE: Decision for application no. P/24/0367 https://webmail.padrino.co.uk/cpsess0710670941/3rdparty/roundcube/index.php?_task=mail&_safe=0&_uid=66595&_mbox=INBOX&_action=print&_extwin=1 4/5 Disclaimer ________________________________ This email and any files transmitted with it are confidential and are intended only for the use of the individual or group named above. If you receive this email in error, please notify your system manager immediately and erase the mail from your system. Any copyright material included with the e-mail should be solely used by its intended recipient and only for the purpose intended. The information contained within the message and any associated files are not necessarily the view of South Lanarkshire Council and do not bind the Council in any legal agreement. WARNING: While South Lanarkshire Council takes steps to prevent computer viruses from being transmitted via electronic mail attachments, we cannot guarantee that attachments do not contain computer virus code. You are therefore strongly advised to undertake anti-virus checks prior to accessing the attachment to this electronic mail. South Lanarkshire Council grants no warranties regarding performance use or quality of any attachment and undertakes no liability for loss or damage howsoever caused. South Lanarkshire Council may monitor the content of e-mails sent and received via its network for the purpose of ensuring compliance with its policies and procedures. -- South Lanarkshire Council Disclaimer ------------------------- This email and any files transmitted with it are confidential and are intended only for the use of the individual or group named above. If you receive this email in error, please notify your system manager 90
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23/06/2024, 20:13 Roundcube Webmail :: RE: Decision for application no. P/24/0367 https://webmail.padrino.co.uk/cpsess0710670941/3rdparty/roundcube/index.php?_task=mail&_safe=0&_uid=66595&_mbox=INBOX&_action=print&_extwin=1 5/5 immediately and erase the mail from your system. Any copyright material included with the e-mail should be solely used by its intended recipient and only for the purpose intended. The information contained within the message and any associated files are not necessarily the view of South Lanarkshire Council and do not bind the Council in any legal agreement. WARNING: While South Lanarkshire Council takes steps to prevent computer viruses from being transmitted via electronic mail attachments, we cannot guarantee that attachments do not contain computer virus code. You are therefore strongly advised to undertake anti-virus checks prior to accessing the attachment to this electronic mail. South Lanarkshire Council grants no warranties regarding performance use or quality of any attachment and undertakes no liability for loss or damage howsoever caused. South Lanarkshire Council may monitor the content of e-mails sent and received via its network for the purpose of ensuring compliance with its policies and procedures. Links: ------ [1] https://eur01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcont actscotland-bsl.org%2F&data=05%7C02%7CGail.Neely%40southlanarkshire.go v.uk%7Cfe4e9baa216c4ab6739208dc856a2385%7Cd38231f1615c4749b323dc7c7ad5 eeba%7C0%7C0%7C638531938112048024%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4w LjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sd ata=wEmGvya4S0Z%2FZSRnyWRQPK0IILZ7ko2aHJz77imk0lc%3D&reserved=0 91
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Further Representation Further Representation From Statement of Observations from Planning Officer on Applicant’s Notice of Review Appendix 6 2h 93
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NOTICE OF REVIEW - STATEMENT OF OBSERVATIONS P/24/0367- Use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen at Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton, ML3 7QU 1 Planning Background 1.1 Agent Dominic Notarangelo, on behalf of Gioca Leisure Ltd, submitted a planning application for the ‘use of storage and distribution warehouse (Class 6) as soft play centre (Class 11) and installation of flue relating to ancillary kitchen’ at Graham Builders Merchants Ltd, Cadzow Industrial Estate, Hamilton. The application when initially received was incomplete and declared invalid. Following receipt of additional drawings, the application was registered on the 17 April 2024. After due consideration of the application in terms of the Development Plan and all other material planning considerations, planning application P/24/0367 was refused by the Planning Service under delegated powers on 23 May 2024, for the reasons listed in the decision notice. 1.2 The report of handling, dated 17 May 2024, details the reasons and justification for this decision. 2 Assessment Against the Development Plan and Other Relevant Policies 2.1 Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended, all applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. The determining issues in the consideration of the application, which is the subject of this notice of review, comprise the adopted National Planning Framework 4 (NPF4) and the adopted South Lanarkshire Local Development Plan 2. 2.2 The site is located within a designated core industrial and business area in the adopted South Lanarkshire Local Development Plan 2. Accordingly, the site is affected by a number of policies. Following due consideration and assessment of the proposal it was considered that the development did not accord with the provisions of Policy 26 ‘Business and Industry’ of National Planning Framework 4 and Policy 5 ‘Development Management and Placemaking,’ Policy 8 ‘Employment’ and Policy ICD2 ‘Non- conforming Uses in Core Industrial/Business Areas’ of the South Lanarkshire Local Development Plan 2. These policies are set out and discussed in detail within the report of handling. 2.3 As part of the planning application process, consultations were undertaken. These consultation responses were material to the assessment of the application and are summarised in the report of handling. In addition, statutory neighbour notification was carried out and following this publicity one letter of support was received in relation to the application. 2.4 The agent has submitted a statement of appeal for consideration by the Planning Local Review Body and the issues which they raise have been summarised below. In addition, detailed comments and clarification from the Planning Service on each of these matters are provided as follows: Reason for Refusal 1 The agents states that the criteria identified in Policy 26 of NPF4 are met as the proposal relates to the conserving and recycling of assets, supports local living and is situated within a 20-minute neighbourhood with sustainable public 2h 95
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transport links. The proposal supports compact urban growth as the site is situated within an area of established residential/business properties and is a lighter business use, creating a buffer between residential and industrial sites. Policy 26 of NPF4 clearly supports the encouragement, promotion and facilitation of business and industrial uses and seeks to ensure that Local Development Plans allocate sufficient land for business and industry. Whilst part (c) of Policy 26 allows some limited flexibility relating to other employment uses, following assessment by the Planning Service it was considered that the use of the allocated core industrial/business site for a soft play centre would significantly adversely impact upon the primary business and industrial function of the area, contrary to the provisions of Policy 26 of NPF4. Indeed, the appropriate re-occupation of the building by an acceptable land use would also represent the conservation and recycling of an asset, support local living and be within a 20 minute neighbourhood with sustainable transport links. It is therefore not necessary for the building to be occupied by a soft play area to comply with these aspects of Policy 26 of NPF4. Reason for Refusal 2 The agent states that the proposed soft play facility is a business use and this proposal could present part time employment opportunities for up to 30 local young people. In addition, the re-purposing of vacant industrial buildings for a soft play use provides the best experience for young children and town centre locations rarely work. Whilst the above comments are noted, reason for refusal number 2 relates to an assessment of the proposal against the provisions of Policy 8 ‘Employment’ of the adopted South Lanarkshire Local Development Plan 2. This policy explicitly states that the designated core industrial and business areas will be retained to accommodate Class 4, 5 and 6 industrial/business uses. The proposed soft play falls within a Class 11 (Assembly and Leisure) use and not a Class 4, 5 or 6 use. Therefore, the Planning Service reiterates that the proposal is contrary to Policy 8 of the adopted Local Development Plan. Reason for Refusal 3 The agent has advised that business plans are largely confidential and the applicant is an experienced operator. The submission of a business plan in support of a planning application is relatively commonplace and such a document is reviewed and assessed by the Planning Service and any other relevant consultees in confidence. However, in this instance the application was not accompanied by a supporting statement or a business plan and subsequently no information was provided relating to the viability of the proposal or any detailed justification for the development to be located within an allocated core industrial area. With regards to the reason for refusal number 3, the Planning Service reviewed the full submission against the provisions of Policy ICD2 'Non-conforming Uses in Core Industrial/Business Areas' of the adopted Local Development Plan. This assessment is within the report of handling, and it was concluded that the proposal failed to meet the relevant requirements and criteria of Policy ICD2 of the adopted Local Development Plan. Reason for Refusal 4 The Roads Transport Consultation report (Doc 12) of 16 May was not, contrary to normal practice, sent to the agent. 96
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There is no statutory requirement for the Planning Service to provide copies of consultation responses to the applicant/agent during the planning application process. Notwithstanding the above, it should be noted that the Planning Service do generally engage with agents if we consider that matters relating to an application can be resolved during the planning application process. However, following assessment of the submission it was considered that the principle of the proposal could not be supported due to fundamental land-use issues as the development related to a non- conforming use in a protected industrial and business location. Therefore, further dialogue with the agent relating to the issues raised by Roads and Transportation Services would not have altered the outcome of planning application P/24/0367 and would have delayed the determination of the application beyond the two-month statutory period. 3 Summary and Conclusions 3.1 In summary, as required by planning law, application P/24/0367 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 explaining why the proposed development does not accord with the policy provisions of National Planning Framework 4 (NPF4) and the 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/24/0367 based on the information contained in the report of handling and the associated reasons for refusal. 97
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Report Agenda Item Report to: Planning Local Review Body Date of Meeting: 4 November 2024 Report by: Executive Director (Finance and Corporate Resources) Subject: Review of Case – Application P/24/0041 for Use of Residential Flat (Sui Generis) as Short-term Let (Sui Generis) at 20 Back O'Barns, Hamilton 1. Purpose of Report 1.1. The purpose of the report is to present the information currently available to allow a review of the decision taken by officers, in terms of the Scheme of Delegation, on the following application:- [purpose] 1.2. Summary Application Information Application Type: Detailed planning application Applicant: Colin Noble Proposal: Use of residential flat (sui generis) as short-term let (sui generis) Location: 20 Back O'Barns, Hamilton, ML3 6BG Council Area/Ward: 17 - Hamilton North and East 1.3. Reason for Requesting Review X Refusal of Application Conditions imposed Failure to give decision (deemed refusal) [1purpose] 2. Recommendation(s) 2.1. The Planning Local Review Body is asked to:- [recs] (1) consider whether it has sufficient information to allow it to proceed to determine the review without further procedure and, if so, that:- (a) it proceeds to determine whether the decision taken in respect of the application under review should be upheld, reversed or varied (b) in the event that the decision is reversed or varied, the reasons and the detailed conditions to be attached to the decision letter are agreed (2) in the event that further procedure is required to allow it to determine the review, consider:- (a) what further information is required, which parties are to be asked to provide the information and the date by which this is to be provided (b) what procedure or combination of procedures are to be followed in determining the review [1recs] 3 99
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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:- X Further written submissions 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 Planning etc (Scotland) Act 2006 restricts the ability of parties to introduce new material at the review stage. The focus of the review should, therefore, be on the material which was before the officer who dealt with the application under the Scheme of Delegation. 5.2. The following information is appended to this report to assist the Planning Local Review Body in its review of the decision taken by officers:- Planning Application Form (Appendix 1) Report of Handling by the Planning Officer under the Scheme of Delegation (Appendix 2(a)) Copy of consultee response (Appendix 2(b)) Copies of representations (Appendix 2(c)) 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. 100
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6. Notice of Review Consultation Process 6.1. 1 further representation was received, a Statement of Observations from the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day period from the date on which notification of the request for a review of the case was given. This is attached as Appendix 6. 6.2. The applicant had the opportunity to comment on the further representation received. Comments from the applicant are contained in the submission attached as Appendix 7. Jackie Taylor Executive Director (Finance and Corporate Resources) 22 October 2024 Link(s) to Council Values/Ambitions/Objectives Work with communities and partners to promote high quality, thriving and sustainable communities Accountable, effective, efficient and transparent Previous References None List of Background Papers Guide to the Planning Local Review Body Contact for Further Information If you would like to inspect the background papers or want further information, please contact: Stuart McLeod, Administration Officer Ext: 4815 (Tel: 01698 454815 / 07385 370 117) E-mail: stuart.mcleod@southlanarkshire.gov.uk 101
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Planning Application Form Appendix 1 3a 103
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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 100657321-001 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 I have an apartment 20 back o barns with its own entrance and i want to change it to a short term let. It will have no environmental impacts on the area as it will be lotted for a maxim of two people. 3a 105
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Page 2 of 7 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 20 BACK O'BARNS colin South Lanarkshire Council noble 20 20 back obarns HAMILTON ML3 6BG ML36BG United Kingdom 655700 Hamilton 272496 Backobarns 106
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Page 3 of 7 Pre-Application Discussion Have you discussed your proposal with the planning authority? * Yes No Pre-Application Discussion Details Cont. In what format was the feedback given? * Meeting Telephone Letter Email Please provide a description of the feedback you were given and the name of the officer who provided this feedback. If a processing agreement [note 1] is currently in place or if you are currently discussing a processing agreement with the planning authority, please provide details of this. (This will help the authority to deal with this application more efficiently.) * (max 500 characters) Title: Other title: First Name: Last Name: Correspondence Reference Date (dd/mm/yyyy): Number: Note 1. A Processing agreement involves setting out the key stages involved in determining a planning application, identifying what information is required and from whom and setting timescales for the delivery of various stages of the process. 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. 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. advise the my apartment sui generous and my short term let application can not be approved unless i apply for a change of use. 550.00 rented apartment bought the apartment with severance money and savings to generate a little income as im not working at the moment but it is rented out at the moment on a long term lease. Through Country wide agents. Mr Mark email and phone Ripley 12/01/2024 107
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Page 4 of 7 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 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 24 no changes to the existing property is needed as it already has everything in place as there will be no changes done. 0 108
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Page 5 of 7 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 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: Mr colin noble On behalf of: Date: 12/01/2024 Please tick here to certify this Certificate. * 109
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Page 6 of 7 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 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) 110
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Page 7 of 7 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 colin noble Declaration Date: 12/01/2024 i have all the proper certificates and apartment floor plan already submitted to the short term let license board if needed i can send them in to you if needed. 111
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Report of Handling Report dated 19 April 2024 by the Council’s Authorised Officer under the Scheme of Delegation Appendix 2(a) 3b 113
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Planning proposal: Use of residential flat (sui generis) as short-term let (sui generis) Location: 20 Back O'Barns Hamilton ML3 6BG Application Type: Detailed planning application Applicant: Mr. Colin Noble Location: 20 Back O'Barns Hamilton ML3 6BG Decision: Other action/notes: Application Refused. None Report by: Area Manager (Planning & Building Standards) Policy reference: National Planning Framework 4 (Adopted 2023) Policy 1 Tackling the climate and nature crises Policy 2 Climate mitigation and adaptation Policy 13 Sustainable transport Policy 23 Health and safety Policy 30 Tourism 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 6 Visitor Economy and Tourism Policy VET2 Visitor Accommodation 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 Consultations Summary of response West Of Scotland Archaeology Service No Objections. Representation(s): ► 2 Objection letters ► 0 Support letters ► 0 Comment letters Reference no. P/24/0041 Delegated Report Date 19 April 2024 3b 115
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Planning Application Delegated Report 1 Application Summary 1.1 The applicant seeks detailed planning consent for the use of a residential flat (sui generis) as a short term let (sui generis). The flat is located within a residential block of flats in the urban area of Hamilton. 1.2 The property is a 2-bedroom upper floor flat situated within a block of 14 dwellings. 1.3 The property is located within a built-up urban area. The property is situated in a predominately residential area, whilst nearby to supermarkets, Hamilton Palace grounds and retail park. 2 Representation(s) 2.1 A statutory neighbour notification period was undertaken regarding this planning application. Two letters of representation objecting to this proposal were received from neighbouring residents. The grounds of objection are summarised below. 2.2 Concerned about noise and disturbance. While some noise is expected within an urban residential setting, the intensification of a property into a short-term let can lead to noise and disturbance for neighbouring residents. 2.3 Health and safety. This has been extensively discussed below. 2.4 Fearful of visitors. Noted. Access to the dwelling is via the communal back court. 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. The development plan comprises National Planning Framework 4 (NPF4) the South Lanarkshire Local Development Plan 2 (LDP2). 3.2 Policies 1 and 2 of NPF4 seek to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, and which minimises emissions and adapts to the current and future impacts of climate change. No external changes or any further alterations are proposed with this change of use application, consequently it is not considered to have any implications in respect to the global climate and nature crises. Additionally, tourism is discussed below, and as such, this proposal is not considered to raise any issues that conflict with the aims of Policy 1 or 2 of NPF4. 3.3 Policy 1 of NPF4 and Policies 2, 3, and 5 of the LDP2 identify that: all development should seek to minimise and mitigate the effects of climate change. Within settlements, development may be considered acceptable provided that it does not have a significant adverse impact on the amenity and character of the area; all development should take account of, and be integrated with, the local context and built form. 3.4 Policy 13 of NPF4 Sustainable Transport intends to reduce car dominance in town centres or urban areas by minimising dedicated parking space for vehicles to support low car/no car developments. In relation to the proposal, there is a large communal car park 116
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situated to the rear of Back O’Barns which serves the residents of Back O'Barns, Church Street, Postgate and Grammar School Square as there is several parking restrictions imposed on the surrounding residential streets. Although this is a communal car park and not allocated for any surrounding residents, the potential increase in cars within a small, dedicated space for residential parking could lead to an increase in on-street parking on public roads or pavements. This, in turn, would result in an adverse impact upon amenity. 3.5 Policy 23(e) Health and Safety of NPF4 states that proposals that are likely to raise unacceptable noise issues and where the nature of the proposal or location suggests significant effects are likely, will not be supported. While 20 Back O’Barn’s has their own entrance door, residents of the property must enter a communal back court passing other residents’ dwellings to reach number 20. There is also a communal stairwell shared with 18 Back O’Barns and situated below the stairwell there are a further two residential dwelling’s - number 14 and 16 Back O’Barns. Notwithstanding, there is a further 10 dwellings remaining within the block. There are three communal bin storage areas located within the communal backcourt for each resident’s bins, with several other bins located around the bin storage area and close to the stairwell. Regardless of each property having their own external entrance door, there is still a large degree of communality shared between each individual dwelling. For existing residents, an awareness of one’s neighbours is expected especially within communal areas, and an increase in short stay visitors raises real-time concerns in terms of noise, privacy, and safety for existing residents. In this respect, the overall communality that is prominent within the residential block raises real-time issues in relation to privacy and safety for existing residents, including the potential for disruption to residential amenity through unacceptable noise levels from short-stay visitors. Therefore, the proposal is contrary to Policy 23 and would result in a detrimental impact on residential amenity. 3.6 Policy 30(e) of NPF4 makes specific reference to the reuse of existing buildings for short- term letting and states that such proposals should not be supported when there is an unacceptable impact on local amenity or the character of an area, or where the loss of residential accommodation is not outweighed by demonstratable local economic benefits. In addition, this proposal is set within a residential block and not only would it result in a loss of residential accommodation but also negatively impact on residential amenity. 3.7 Policy 6 of the LDP2 identifies that visitor accommodation will be supported where it contributes to the visitor economy and that there are suitable access arrangements. It is subsidised by Policy VET2 setting further criteria include financial viability, and good visual integration with the surrounding area. Additionally, there has not been a business plan requested for Policy VET2 of the LDP2 regarding this application. However, with short-term lets, there is a possibility the property could risk falling into dereliction as it proves to be unviable. Nevertheless, if this were the case, the property can easily be returned to its former state of a long-term residential dwelling. 3.8 In general, the proposal would have little to no significant impact on the existing streetscape. The proposal makes use of an existing flatted dwelling and there are no external alterations to the property. Nonetheless, 20 Back O’Barns is accessed through a communal backcourt, has a shared communal car park and an external communal stairwell. As a result, it is not considered to be acceptable for residential flats in suburban settlements to facilitate a high turnover in transient residents that are expected with a short-term let accommodation. Awareness of one’s neighbours is typical and expected with long-term residents within residential blocks, especially when there is a shared entrance, communal areas and facilities. Furthermore, an increased number of visitors within communal areas would have an impact upon real and perceived privacy, amenity and possible safety of residents. Moreover, in some instances some guests would be indifferent to the residential amenity of the area and not respect the commonality of the building, car park and the communal bin storage. This could lead to increased levels of 117
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noise and disturbance, possible privacy issues, vandalism, and issues relating to litter/waste as a result in the nature of their short-term stay. This would make it difficult for the Council to take action against these occurrences and support the long-term residents of the building. Lastly, short-term lets also reduce the availability of residential dwellings for local residents. 3.9 Therefore, it is considered that the short-term let will cause a significant adverse effect on local amenity by way of privacy impacts and disturbance to neighbours who share the common areas and facilities. This proposal is not considered to accord with Policy 13, 23, 30 of NPF4 or Polices 3, 5, and 6 of the SLLDP2. 4 Reason for decision 4.1 The proposal is contrary to Policies 1, 2, 23 and 30 of National Planning Framework 4 and Policies 2, 3, 5, 6 and NHE6 of the South Lanarkshire Local Development Plan 2. The proposed change of use from flatted dwelling (sui generis) to a short-term let (sui generis) would result in a detrimental impact upon neighbouring residential amenity and is not suitable for the use proposed. The application is therefore recommended for refusal as it is contrary to the development plan. Delegating officer: David Russell Date: 22md April 2024 Previous references ♦ None List of background papers ► Application Form ► Application Plans ► National Planning Framework 4 (adopted 2023) ► South Lanarkshire Local Development Plan 2 (adopted 2021) ► Neighbour notification letter dated 12.03.2024 ► Consultations West Of Scotland Archaeology Service 13.03.2024 ► Representations Margaret McMenemy, 14 Back O'Barns, Hamilton, ML3 6BG, Dated: 28.03.2024 Aileen Shearer, 16 Back O'Barns, Hamilton, ML3 6BG, Dated: 28.03.2024 118
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Contact for further information: If you would like to inspect the background papers or want further information, please contact: Graham Fyfe, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Phone: 07551839094 Email: graham.fyfe@southlanarkshire.gov.uk 119
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Planning Application Application number: P/24/0041 Conditions and reasons 01. In the interests of amenity in that the proposal, if approved, would result in detrimental impact upon neighbouring residential amenity. 02. In the interests of citizen health and safety, the proposal is contrary to Policy 23: Health and safety of National Planning Framework 4 as it would detrimentally affect neighbouring properties in terms of unacceptable noise issues. 03. The proposal is contrary to Policy 30: Tourism of National Planning Framework 4 as the proposal would not be compatible with the surrounding area in terms of the nature and scale of the activity. Furthermore, an increased number of visitors would result in an adverse impact on the local amenity and the character of a neighbouring residential area. 04. The proposal is contrary to Policy 6: Visitor Economy and Tourism of the South Lanarkshire Local Development Plan 2. Reasons for refusal The proposal is contrary to Policies 1, 2, 23 and 30 of National Planning Framework 4 and Policies 2, 3, 5, 6 and NHE6 of the South Lanarkshire Local Development Plan 2. The proposed change of use from flatted dwelling (sui generis) to a short-term let (sui generis) would result in a detrimental impact upon neighbouring residential amenity and is not suitable for the use proposed. The application is therefore recommended for refusal as it is contrary to the development plan. Informatives 01. This decision relates to drawing numbers: Reference Version No: Plan Status A LOCATION PLAN Refused 120
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Consultation Response Response dated 13 March 2024 from West of Scotland Archaeology Service Appendix 2(b) 3c 121
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From: O"Hare, Martin (NRS) on behalf of Wosas Enquiries (DRS) To: Planning Subject: RE: Application consultation from South Lanarkshire Council for application no. P/24/0041 (OFFICIAL) Date: 13 March 2024 10:17:44 OFFICIAL Dear Sir or Madam, I refer to your email of the 12th of March, requesting comments in response to the above application for the use of a residential flat at 20 Back O'Barns, Hamilton, as a short-term let. I have downloaded details of the proposal from the Council's online planning system, and having compared these against information contained in the Historic Environment Record and with available cartographic sources, I would advise that it appears unlikely to raise a substantive archaeological issue. Although the building that is the subject of the proposal does fall within an archaeological consultation trigger, the use of a residential flat as a short-term let would not involve any ground disturbance, meaning that there would be no impact on below-ground features, deposits or artefacts. As a result, I would not consider archaeological work to be required in relation to this application. Regards, Martin O'Hare Martin O'Hare Historic Environment Records Officer West of Scotland Archaeology Service 231 George Street, Glasgow, G1 1RX email: Martin.O'Hare@wosas.glasgow.gov.uk -----Original Message----- From: planning@southlanarkshire.gov.uk <planning@southlanarkshire.gov.uk> Sent: Tuesday, March 12, 2024 12:08 PM To: Wosas Enquiries (DRS) <WosasEnquiries@glasgow.gov.uk> Subject: Application consultation from South Lanarkshire Council for application no. P/24/0041 Please find attached correspondence from South Lanarkshire Council, with regards to the planning application number P/24/0041, 20 Back O'Barns Hamilton ML3 6BG 3c 123
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If you have any queries, about the content of the attached letter, please do not hesitate to contact the Case Officer. Yours sincerely Graham Fyfe Planning Officer Phone: 07551839094 Email: graham.fyfe@southlanarkshire.gov.uk South Lanarkshire Council, Floor 6, Council Offices, Hamilton, South Lanarkshire, ML3 0AA South Lanarkshire Council Disclaimer ________________________________ This email and any files transmitted with it are confidential and are intended only for the use of the individual or group named above. If you receive this email in error, please notify your system manager immediately and erase the mail from your system. Any copyright material included with the e-mail should be solely used by its intended recipient and only for the purpose intended. The information contained within the message and any associated files are not necessarily the view of South Lanarkshire Council and do not bind the Council in any legal agreement. WARNING: While South Lanarkshire Council takes steps to prevent computer viruses from being transmitted via electronic mail attachments, we cannot guarantee that attachments do not contain computer virus code. You are therefore strongly advised to undertake anti-virus checks prior to accessing the attachment to this electronic mail. South Lanarkshire Council grants no warranties regarding performance use or quality of any attachment and undertakes no liability for loss or damage howsoever caused. South Lanarkshire Council may monitor the content of e-mails sent and received via its network for the purpose of ensuring compliance with its policies and procedures. OFFICIAL Please print responsibly and, if you do, recycle appropriately. Disclaimer: This email is from Glasgow City Council or one of its Arm’s Length Organisations (ALEOs). Views expressed in this message do not necessarily reflect those of the council, or ALEO, who will not necessarily be bound by its contents. If you are not the intended recipient of this email (and any attachment), please inform the sender by return email and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. We therefore strongly advise you not to email any information which, if disclosed to someone else, would be likely to cause you distress. If you have an enquiry of this nature then please write to us using the postal system. If you choose to email this information to us there can be no guarantee of privacy. Any email, including its content, may be monitored and used by the council, or ALEO, for reasons of security and for monitoring internal compliance with the office policy on staff use. Email monitoring or blocking software is also used. Please be aware that you have a responsibility to make sure that any email you write or forward is within the bounds of the law. Glasgow City Council, or ALEOs, cannot guarantee that this message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks. Protective Marking We are using protective marking software to mark all our electronic and paper information based on its content, and the level of security it needs when being shared, handled and stored. You should be aware of what these marks mean for you when information is shared with you: 1.OFFICIAL SENSITIVE (plus one of four sub categories: Personal Data, Commercial, Operational, Senior Management) - this is information regarding the business of the council or of an individual which is considered to be sensitive. In some instances an email of this category may be marked as PRIVATE 2.OFFICIAL - this is information relating to the business of the council and is considered not to be particularly sensitive 3.NOT OFFICIAL – this is not information about the business of the council. For more information about the Glasgow City Council Protective Marking Policy please visit https://glasgow.gov.uk/protectivemarking For further information and to view the council’s Privacy Statement(s), please click on link below:www.glasgow.gov.uk/privacy 124
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Representations Representation From Dated Margaret McMenemy 26/3/24 Aileen Shearer 26/3/24 Appendix 2(c) 3d 125
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA Email graham.fyfe@southlanarkshire.gov.uk Phone: 07551839094 Community And Enterprise Resources Executive Director David Booth Planning And Regulatory Services Mr Colin Noble 20 Back O'Barns Hamilton ML3 6BG Our Ref: P/24/0041 Your Ref: If calling ask for: Graham Fyfe Date: 24 April 2024 Dear Sir/Madam Proposal: Use of residential flat (sui generis) as short-term let (sui generis) Site address: 20 Back O'Barns, Hamilton, ML3 6BG, Application no: P/24/0041 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 Graham Fyfe on 07551839094 Yours faithfully Head of Planning and Regulatory Services Enc: 3f 141
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Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 To: Mr Colin Noble Per: 20 Back O'Barns, Hamilton, ML3 6BG, With reference to your application received on 15.01.2024 for planning permission under the above mentioned Act: Description of proposed development: Use of residential flat (sui generis) as short-term let (sui generis) Site location: 20 Back O'Barns, Hamilton, ML3 6BG, 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: 24th April 2024 Head of Planning and Regulatory Services This permission does not grant any consent for the development that may be required under other legislation, e.g. Building Warrant or Roads Construction Consent. South Lanarkshire Council Community and Enterprise Resources Planning and Regulatory Services Application no. P/24/0041 142
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South Lanarkshire Council Refuse planning permission Paper apart - Application number: P/24/0041 Reason(s) for refusal: Reason(s) for decision The proposal is contrary to Policies 1, 2, 23 and 30 of National Planning Framework 4 and Policies 2, 3, 5, 6 and NHE6 of the South Lanarkshire Local Development Plan 2. The proposed change of use from flatted dwelling (sui generis) to a short-term let (sui generis) would result in a detrimental impact upon neighbouring residential amenity and is not suitable for the use proposed. The application is therefore recommended for refusal as it is contrary to the development plan. 143
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Notes to applicant Application number: P/24/0041 Important The following notes do not form a statutory part of this decision notice. However, it is recommended that you study them closely as they contain other relevant information. 01. This decision relates to drawing numbers: Reference Version No: Plan Status A LOCATION PLAN Refused 144
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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 145
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accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 146
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Notice of Review (including Statement of Reasons for Requiring the Review) submitted by applicant Colin Noble Appendix 5 3g 147
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SHIRE COUNCIL ,.--:·i,_ \ ·' •'.. Notice of Review Form 'L j ., - / / __ f.or-official u.s.e: NOR/ --- Date received by PLRB: __ / _ _ / N otiC8-ofReview Under Section 43A(8) of The Town and Country Planning (Scotland) Act 1997 (as amended) in respect of decisions on local developments The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 The Town and Country Planning (Appeals) (Scotland).Regulations 2013 This notice requires to be served on the Planning Authority within 3 months of the date of the decision notice or from the date of expfry of the period allowed for determining the application which is set as 2 months following the validation date of the application IMPORTANT: Please read and follow the guidance notes provided when completing this form. Failure to supply all the relevant information could invalidate your Notice of Review. Please complete in BLOCK CAPITALS A licant s Name: I Colin Noble Address: 6 Glamis court Newarthill motherwell ,UK ,Ml15EL Postcode: Contact Telephone 1: � Contact Telephone 2: 1-----------1 Fax No: E-mail:* _.__ __ ...., A ent if an Name: Address: Postco'de,: ._ ___________ _ Contact Telephone 1 : I Contact Telephone 2: t----------F ax No: L---------- E-mail:* Mark this box to confirm that all contact should be thro�gh this repres�ntative: D Yes No * Do you agree· to correspondence regarding your review being sent by e-mail? @ 0 Application reference number: Site address: 20 back o barns Hamilton South Lanarkshire ML36BG Description of proposed development: I Use of residential flat (sui generis) as short term let (sui generis) Validation date I January 15,2024 Date of decision (if any): I April 24 2024of application: . Page 1 of 7 3g 149
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20 Back-O-Barns, Hamilton, ML3 6BG © Crown copyright and database rights 2024 OS 100054135. Map area bounded by: 272425,655620 272567,655762. Produced on 20 February 2024 from the OS National Geographic Database. Supplied by UKPlanningMaps.com. Unique plan reference: p2e/uk/1059489/1427199 158
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Further Representation Further Representation From Statement of Observations from Planning Officer on Applicant’s Notice of Review Appendix 6 3h 161
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STATEMENT OF OBSERVATIONS Notice of Review - Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Planning Application No. P/24/0041 Proposal - Use of residential flat (sui generis) as short-term let (sui generis) Address: 20 Back O’Barns, Hamilton, ML3 6BG Applicant: Mr. Colin Noble 1.0 Planning Background 1.1 The above applicant submitted the original planning application to the Council in early January 2024. Following due consideration of the proposal, the planning application was refused consent under delegated powers on the 19th of April 2024. The Report of Handling sets out the planning policy and other material considerations for the decision. The reasons for the refusal are listed in the decision notice. These documents are available elsewhere within the papers. 1.2 The application site is a cottage flat located at 20 Back O’Barns. The application site is described in detail within the Report of Handling. 1.3 The reasons for refusal set out in the Report are as follows; 01. In the interests of amenity in that the proposal, if approved, would result in detrimental impact upon neighbouring residential amenity. 02. In the interests of citizen health and safety, the proposal is contrary to Policy 23: Health and safety of National Planning Framework 4 as it would detrimentally affect neighbouring properties in terms of unacceptable noise issues. 03. The proposal is contrary to Policy 30: Tourism of National Planning Framework 4 as the proposal would not be compatible with the surrounding area in terms of the nature and scale of the activity. Furthermore, an increased number of visitors would result in an adverse impact on the local amenity and the character of a neighbouring residential area. 04. The proposal is contrary to Policy 6: Visitor Economy and Tourism of the South Lanarkshire Local Development Plan 2. 3h 163
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2.0 Assessment against the development plan and other relevant policies 2.1 Under Section 25 of the Town and Country Planning (Scotland) Act1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (adopted 29 March 2021) and National Planning Framework 4 which adopted by Scottish Ministers on 13 February 2023. Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before 13 February 2023, then the policies in NPF4 prevail. 2.2 The Policies used in the determination of this application are set out in detail in the Council’s Report of Handling which also details how the proposal was assessed against the relevant Policies. No further comment in this regard is therefore required. 3.0 Observations on applicants Notice of Review 3.1 The applicants have submitted a statement to support their review. Their grounds of appeal are summarised below: 3.2 No. 9 Back O’Barns was granted planning consent for a short-term let: Response: In October 2022 when the applicant at 9 Back O’Barns was given consent for a short-term let (P/22/0911), National Planning Framework 4 was not adopted as part of the Development Plan. In addition, Development at a Dwellinghouse Supplementary Guidance had not received committee approval. Planning law clearly required that the new policies and provisions of NPF 4 be taken into account in the determination of the appellant’s application unlike application P/22/0911. In addition, the property at 9 Back O’Barns is a ‘4-in-a block’ cottage flat with its own side entrance unlike the appeal property where access arrangements, bin storage etc are more of a communal nature as detailed in the report of handling. While frustration from the appellant is understandable the property at 9 Back O’Barns has a different layout and was determined against relevant policies in October 2022, excluding those of NPF 4. 3.3 Private entrance: Response: No. 9 Back O’Barns is directly across the road from the appellants property with its own private access and door unlike No. 20. Indeed, to access the appellants property, one must enter through a private outdoor amenity space, passing private windows, private entrance doors and bin storage area. 164
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3.4 Less environmental impact as premises would not always have occupants: Response: A property with a high degree of communality can result in a reduction in amenity for fellow residents of the buildings. This can result in amenity issues such as noise, loitering, privacy, vandalism, and health and safety issues. It is also commonplace for residents to know who their neighbours are. This is discussed in detail within in the Report of Handling. 3.5 The flat would only be let out to a maximum of 2 people. Response: The number of occupants within a flat is not a material consideration. 3.6 No. 9 Back O’Barns approval should set a precedence, and I should not be denied as the review board has already approved one. Response: Each application must be assessed on its own merits against relevant policies. Indeed, as detailed earlier, policy considerations had changed following the adoption of NPF 4 as part of the development plan. Furthermore, the issue of consent at a neighbouring property does not automatically guarantee that consent would be issued for a similar proposal elsewhere as very seldom are applications/site characteristics identical. In this regard the property at No. 20 Back O’Barns has a different layout/means of access and greater degree of communality than No. 9. 4.0 Conclusions 4.1 In summary, the proposal does not comply with the provisions of the policies within the adopted National Planning Framework 4 and the South Lanarkshire Local Development Plans. 4.2 The Report of Handling submitted as documentation provides an assessment of the appeal proposal against all material planning considerations. As such, it is clear that the proposal does not comply with the terms of NPF4 and the SLDP. Other similar applications/refusals 4.3 Accordingly, it is respectfully requested that the Review Board uphold the decision to refuse consent for the use of the residential flat at 20 Back O’Barns as a short term let property. 4.4 Recently there have been similar appeals submitted to the Planning Local Review Board and the decision has been taken by the PLRB to dismiss these applications. 165
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Applicant’s Comments on Further Representation Submitted by Planning and Regulated Services in the Course of the Notice of Review Consultation Process Appendix 7 3i 167
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STATEMENT OF OBSERVATIONS Notice of Review - Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 Planning Application No. P/24/0041 Proposal - Use of residential flat (sui generis) as short-term let (sui generis) Address: 20 Back O’Barns, Hamilton, ML3 6BG Applicant: Mr. Colin Noble 1.0 Planning Background 1.1 The above applicant submitted the original planning application to the Council in early January 2024. Following due consideration of the proposal, the planning application was refused consent under delegated powers on the 19th of April 2024. The Report of Handling sets out the planning policy and other material considerations for the decision. The reasons for the refusal are listed in the decision notice. These documents are available elsewhere within the papers. 1.2 The application site is a cottage flat located at 20 Back O’Barns. The application site is described in detail within the Report of Handling. 1.3 The reasons for refusal set out in the Report are as follows; 01. In the interests of amenity in that the proposal, if approved, would result in detrimental impact upon neighbouring residential amenity. Can you explain you explain what factors are cited as detrimental impact on neighbouring residential amenity.there will be less trash less recycling and less noise as the flat would not be occupied 7 days a week. 02. In the interests of citizen health and safety, the proposal is contrary to Policy 23: Health and safety of National Planning Framework 4 as it would detrimentally affect neighbouring properties in terms of unacceptable noise issues. As above the flat would not be occupied 7 days a week and tenants would only be allowed on the premmises with legit references no parties or more than 2 people would be allowed on the premises at one time. 03. The proposal is contrary to Policy 30: Tourism of National Planning Framework 4 as the proposal would not be compatible with the surrounding area in terms of the nature and scale of the activity. Furthermore, an increased number of visitors would result in an adverse Applicant's comments in red/shaded 3i 169
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impact on the local amenity and the character of a neighbouring residential area. Allowing this change of use would Align with policy 30 of framework four as the area has many tourist attraction siting a few of many it is the as it takes the same amount of time to get to Glasgow and Edinburgh, Hamilton race course, Hamilton town hall an Strathclyde park all have attractions and events on through out the year where people need options. Also, there is a lot of local restaurants shops all 2min walk from the flat. Which will benefit the area as people staying like to go out and eat this will just build the local economy which inturn can be put back into the community. 04. The proposal is contrary to Policy 6: Visitor Economy and Tourism of the South Lanarkshire Local Development Plan 2. I have looked at this and I don’t see how this will impact this I’m a individual who is not a business owner I used my redundancy to invest in a property so I can have some sort of income. There would be no impact on woodland areas or anything stated in the Local Development Plan 2. As nothing would change maybe less impact . 2.0 Assessment against the development plan and other relevant policies 2.1 Under Section 25 of the Town and Country Planning (Scotland) Act1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the South Lanarkshire Local Development Plan 2 (adopted 29 March 2021) and National Planning Framework 4 which adopted by Scottish Ministers on 13 February 2023. Section 24(3) of the 1997 Act confirms that if there is an inconsistency between NPF4 policies and a Local Development Plan which was adopted before 13 February 2023, then the policies in NPF4 prevail. I have renovated the flat to a modern standard with the apartment not being occupied 7 days a week it will have less environmental impact the local by back plan for council house in South Lanarkshire are currently looking for 3- to-4-bedroom house there is no need for one-bedroom apartments as a family could not live in a one bedroom. If my license is approved, I plan to make the apartment more environmentally friendly by putting solar panaels if possible also a heat pump if possible. To help Scotland reach a net zero goal. 2.2 The Policies used in the determination of this application are set out in detail in the Council’s Report of Handling which also details how the proposal was assessed against the relevant Policies. No further comment in this regard is therefore required. These policies are long and detailed it would have been good to have specifics on which points do not match even it is all up to how 170
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the person viewing these policies interpret them I see just pluses for the area the place would be well maintained inside and out as im a individual that paid taxes for a second home upon purchase as I have a lot of relative who visit from Canada an my place is to small for them to stay with me it would be nice to let them stay there for free on there visit if its occupied full time I could not offer it to them. 3.0 Observations on applicants Notice of Review 3.1 The applicants have submitted a statement to support their review. Their grounds of appeal are summarised below: 3.2 No. 9 Back O’Barns was granted planning consent for a short-term let: Response: In October 2022 when the applicant at 9 Back O’Barns was given consent for a short-term let (P/22/0911), National Planning Framework 4 was not adopted as part of the Development Plan. In addition, Development at a Dwellinghouse Supplementary Guidance had not received committee approval. Planning law clearly required that the new policies and provisions of NPF 4 be taken into account in the determination of the appellant’s application unlike application P/22/0911. In addition, the property at 9 Back O’Barns is a ‘4-in-a block’ cottage flat with its own side entrance unlike the appeal property where access arrangements, bin storage etc are more of a communal nature as detailed in the report of handling. While frustration from the appellant is understandable the property at 9 Back O’Barns has a different layout and was determined against relevant policies in October 2022, excluding those of NPF See pictures below 3.3 Private entrance: Response: No. 9 Back O’Barns is directly across the road from the appellants property with its own private access and door unlike No. 20. Indeed, to access the appellants property, one must enter through a private outdoor amenity space, passing private windows, private entrance doors and bin storage area. See pictures below 3.4 Less environmental impact as premises would not always have occupants: Response: A property with a high degree of communality can result in a reduction in amenity for fellow residents of the buildings. This can result in amenity issues such as noise, loitering, privacy, vandalism, and health and safety issues. It is also commonplace for residents to know who their neighbours are. This is discussed in detail within in the Report of Handling. 171
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I was there for 4 months renovating did not see any evidence of the above and did not meet the neighbour the flat would be alarmed and signed but would give them my name and number to resolve any issues that would arise Also would introduce my self to ensure none of the above would happen. 3.5 The flat would only be let out to a maximum of 2 people. Response: The number of occupants within a flat is not a material consideration. it has to be considered for noise levels no parties allound and 10 pm quiet time would be house rules. 3.6 No. 9 Back O’Barns approval should set a precedence, and I should not be denied as the review board has already approved one. Response: Each application must be assessed on its own merits against relevant policies. Indeed, as detailed earlier, policy considerations had changed following the adoption of NPF 4 as part of the development plan. Furthermore, the issue of consent at a neighbouring property does not automatically guarantee that consent would be issued for a similar proposal elsewhere as very seldom are applications/site characteristics identical. In this regard the property at No. 20 Back O’Barns has a different layout/means of access and greater degree of communality than No. 9. See pictures the layout is the same common areas entrance to more than number 9 apartment the same 20 back o barns has a in closed bin storage which number 9 and 11 13 and 15 has open bin storage 4.0 Conclusions 4.1 In summary, the proposal does not comply with the provisions of the policies within the adopted National Planning Framework 4 and the South Lanarkshire Local Development Plans. 4.2 The Report of Handling submitted as documentation provides an assessment of the appeal proposal against all material planning considerations. As such, it is clear that the proposal does not comply with the terms of NPF4 and the SLDP. I was guided to filling out the report by member of the council if it doesn’t have what was needed or missing anything I should of been informed Other similar applications/refusals 4.3 Accordingly, it is respectfully requested that the Review Board uphold the decision to refuse consent for the use of the residential flat at 20 Back O’Barns as a short term let property. 172
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4.4 Recently there have been similar appeals submitted to the Planning Local Review Board and the decision has been taken by the PLRB to dismiss these applications. Referring to point 3.2 and 3.3 9 back o barns is the exact same set up as 20 back o barns communal bin storage communal area same type of entrance 9 back o barns side entrance communal bin storage also used for number 11 It does not have its on side entrance 173
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Picture shows number 9 with number 11 upstairs all behind the photo Is communal 174
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20 back barns with the same layout As the above picture umber 9 both cottage flats Point 3.3 Passing private windows picture of 20 back o barns first picture shows public sidewalk passing windows on 20 back o barns notice how close the window to the public walk second is back entrance referred to in this statement notice the distance compared to the public side walk in the first picture. 175
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20 back o barns front public side walk 176
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20 back o barns path way in the entrance much further from windows etc Than the public side walk 177
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Enclosed bin storage 20 back o barns 178