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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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Page 1

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
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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 
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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 
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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
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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)
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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
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Planning Application Forms 
Appendix 1  2a
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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 
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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
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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. 
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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. 
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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
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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  
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08  Refused 
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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
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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
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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 
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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. 
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Representation 
Representation From 
 Nick French 
Appendix 2(c)  2d
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40

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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
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42

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Site photographs and location plan 
Appendix 3  2e
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44

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2e
45

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46

Page 47

47

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Photo 4 looking west 
48

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Photo 5 looking southwest 
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Photo 6 looking south 
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51

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52

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53

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54

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Planning Decision Notice and Reasons for Refusal 
Appendix 4  2f
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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
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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 
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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. 
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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 
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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. 
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62

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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant Gioca
Leisure Limited 
Appendix 5  2g
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64

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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
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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
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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
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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
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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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70

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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                                                                  
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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. 
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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
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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. 
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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 
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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
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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
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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
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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
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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.
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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-----
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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
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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
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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
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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 6  2h
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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
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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. 
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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.           
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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
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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.  
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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
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Planning Application Form 
Appendix 1  3a
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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
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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
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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
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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
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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. *
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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)
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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.
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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
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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
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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
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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
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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 
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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
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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   
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Consultation Response 
 Response dated 13 March 2024 from West of Scotland Archaeology Service 
Appendix 2(b)  3c
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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
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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
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Representations 
Representation From Dated
 Margaret McMenemy 26/3/24
 Aileen Shearer 26/3/24 
Appendix 2(c)  3d
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3d
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Site photographs and location plan 
Appendix 3  3e
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Photo 1 looking southwest 
Photo 2 looking southwest 
3e
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Photo 3 looking south 
Photo 4 looking east 
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Photo 5 looking northeast 
Photo 6 looking southeast 
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Photo 7 looking south 
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Planning Decision Notice and Reasons for Refusal 
Appendix 4  3f
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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
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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 
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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. 
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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   
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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
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accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant Colin Noble 
Appendix 5  3g
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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
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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
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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 6  3h
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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
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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. 
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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.  
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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
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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
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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
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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.
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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. 
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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
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Picture shows number 9 with number 11 upstairs all behind the photo
Is communal 
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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. 
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20 back o barns front public side walk
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20 back o barns path way in the entrance much further from windows etc 
Than the public side walk 
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Enclosed bin storage 20 back o barns
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