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Agenda Document Pack - Planning Local Review Body - 02/12/2024

South Lanarkshire Council · 2 December 2024
Back to Planning Local Review Body — 2 December 2024 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Friday, 22 November 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, 02 December 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, Grant Ferguson, Alistair Fulton, Graeme Horne, Ross Lambie, Ian
McAllan, Kenny McCreary, Davie McLachlan
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Special Meeting
Minutes of the special meeting of the Planning Local Review Body held on 24
October 2024 submitted for approval as a correct record.  (Copy attached) 
3 - 6 
3 Minutes of Previous Meeting
Minutes of the meeting of the Planning Local Review Body held on 4 November
2024 submitted for approval as a correct record.  (Copy attached) 
7 - 10 
Item(s) for Decision 
4 Review of Case – Application P/24/0361 for Erection of Single-storey
Dwelling House at Land at Mill Road, Biggar
Report dated 21 November 2024 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
11 - 14 
4a  Appendix 1 Planning Application Form P/24/0361  15 - 24 
4b  Appendix 2(a) Report of Handling P/24/0361  25 - 34 
4c  Appendix 2(b) Consultation Responses P/24/0361  35 - 44 
4d  Appendix 2(c) Representations P/24/0361  45 - 48 
4e  Appendix 3 Site Photographs and Location Plan P/24/0361  49 - 58 
4f  Appendix 4 Planning Decision Notice and Reasons for Refusal P/24/0361  59 - 66 
4g  Appendix 5 Notice of Review P/24/0361  67 - 88 
4h  Appendix 6 Further Representations P/24/0361  89 - 94 
Urgent Business 
5 Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING LOCAL REVIEW BODY (PLRB) 
Minutes of special meeting held via Microsoft Teams and in the Council Chamber, Council Offices,
Almada Street, Hamilton on 24 October 2024 
Chair:
Councillor Richard Nelson 
Councillors Present:
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Colin Dewar, Councillor Cal
Johnston-Dempsey, Councillor Lesley McDonald, Councillor Norman Rae, Councillor Graham Scott,
Councillor David Shearer 
Councillor’s Apology:
Councillor Gladys Ferguson-Miller 
Attending:
Community and Enterprise Resources
T Finn, Planning Adviser to the Planning Local Review Body
Finance and Corporate Resources
D McLardy, Legal Adviser to the Planning Local Review Body; K McLeod, Administration Assistant;
S McLeod, Administration Officer; S O’Neill, Legal Adviser to the Planning Local Review Body 
1 Declaration of Interests 
The following interests were declared:- 
Councillor(s) Item(s) Nature of Interest(s)
Allison  Application P/18/0330 for Erection of 6
Detached Dwellings and Attached
Garages Together with Construction of
Access Roads at Huntlybank,
Ravenstruther, Lanark 
 Discussed the
application with the
applicant 
 Application P/22/0444 for Formation of
New Vehicular Access Road with
Associated Land Engineering Operations
at Land 50 Metres Southwest of 1
Huntlybank Gardens, Huntlybank
Gardens, Ravenstruther, Lanark
 Discussed the
application with the
applicant 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Planning Local Review Body held on 23 September 2024 were
submitted for approval as a correct record. 
The PLRB decided: that the minutes be approved as a correct record.  
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3 Review of Case – Application P/18/0330 for Erection of 6 Detached Dwellings and
Attached Garages Together with Construction of Access Roads at Huntlybank,
Ravenstruther, Lanark 
A report dated 8 October 2024 by the Executive Director (Finance and Corporate Resources) was
submitted on a request for a review of the decision taken by officers, in terms of the Scheme of
Delegation, to refuse planning permission for planning application P/18/0330 by J and W
Cruickshank for the erection of 6 detached dwellings and attached garages together with
construction of access roads at Huntlybank, Ravenstruther, Lanark. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and responses from consultees
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submission from Planning and Regulatory Services following notification of the
request for the review of the case
 comments from the applicant’s agent on the further submission received from Planning and
Regulatory Services 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
D McLardy, Legal Adviser, advised that the applicant’s agent had sought to introduce new
information, namely a road safety audit, which had not been provided with the planning application
or the notice of review.  In terms of the relevant legislation, unless the PLRB requested further
written evidence by means of written submissions or in relation to a hearing session, no new
evidence could be introduced by any party.  Consequently, the road safety audit had not been
included in the review papers and reference to the road safety audit had been redacted from the
comments received from the applicant’s agent on the further submission received from Planning
and Regulatory Services. 
The PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties. 
There followed a discussion on the application during which the Planning Adviser responded to a
member’s questions on aspects of the review. 
Following its review of the information, the PLRB concluded that there was no valid policy
justification to support the erection of 6 detached dwellings and attached garages together with
construction of access roads at the proposed location and it would not accord with the
development plan for the reasons detailed in the decision notice issued on 28 March 2024. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/18/0330 by J and W Cruickshank for the
erection of 6 detached dwellings and attached garages
together with construction of access roads at Huntlybank,
Ravenstruther, Lanark, be upheld.  
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Councillor Allison, having declared an interest in this and the following item, withdrew from the
meeting during their consideration 
4 Review of Case – Application P/22/0444 for Formation of New Vehicular Access
Road with Associated Land Engineering Operations at Land 50 Metres Southwest
of 1 Huntlybank Gardens, Huntlybank Gardens, Ravenstruther, Lanark 
A report dated 8 October 2024 by the Executive Director (Finance and Corporate Resources) was
submitted on a request for a review of the decision taken by officers, in terms of the Scheme of
Delegation, to refuse planning permission for planning application P/22/0444 by J and W
Cruickshank for the formation of a new vehicular access road with associated land engineering
operations at land 50 metres southwest of 1 Huntlybank Gardens, Huntlybank Gardens,
Ravenstruther, Lanark. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and responses from consultees
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submission from Planning and Regulatory Services following notification of the
request for the review of the case
 comments from the applicant’s agent on the further submission received from Planning and
Regulatory Services 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties. 
Following its review of the information, the PLRB concluded that there was no valid policy
justification to support the formation of a new vehicular access road with associated land
engineering operations at the proposed location and it would not accord with the development
plan for the reasons detailed in the decision notice issued on 28 March 2024. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/22/0444 by J and W Cruickshank for the
formation of a new vehicular access road with associated
land engineering operations at land 50 metres southwest of
1 Huntlybank Gardens, Huntlybank Gardens,
Ravenstruther, Lanark, be upheld. 
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5 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 
A report dated 8 October 2024 by the Executive Director (Finance and Corporate Resources) was
submitted on a request for a review of the decision taken by officers, in terms of the Scheme of
Delegation, to refuse planning permission for planning application P/24/0367 by Gioca Leisure
Limited for the use of a storage and distribution warehouse (class 6) as a soft play centre (class
11) and installation of a flue relating to an ancillary kitchen at Graham Builders Merchants Ltd,
Cadzow Industrial Estate, Hamilton. 
The Chair referred to the applicant’s statement of appeal, which had been omitted from the papers
in error and issued separately on 22 October 2024, and proposed that consideration of the review
be deferred to the meeting of the PLRB on 4 November 2024, in order to ensure that all information
in relation to the review was issued in accordance with the appropriate timescales. 
The PLRB decided: that the review of the decision taken by officers, in terms of
the Scheme of Delegation, to refuse planning permission for
planning application P/24/0367 by Gioca Leisure Limited for
the use of a storage and distribution warehouse (class 6) as
a soft play centre (class 11) and installation of a flue relating
to an ancillary kitchen at Graham Builders Merchants Ltd,
Cadzow Industrial Estate, Hamilton be deferred to the
meeting of the PLRB on 4 November 2024 to ensure that all
information in relation to the review was issued in
accordance with the appropriate timescales. 
6 Urgent Business 
There were no items of urgent business. 
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PLANNING LOCAL REVIEW BODY (PLRB) 
Minutes of meeting held via Microsoft Teams and in the Council Chamber, Council Offices, Almada
Street, Hamilton on 4 November 2024 
Chair:
Councillor Richard Nelson 
Councillors Present:
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Colin Dewar, Councillor Gladys
Ferguson-Miller, Councillor Cal Johnston-Dempsey, Councillor Lesley McDonald, Councillor Norman
Rae, Councillor Graham Scott, Councillor David Shearer 
Attending:
Community and Enterprise Resources
T Finn, Planning Adviser to the Planning Local Review Body
Finance and Corporate Resources
K McLeod, Administration Assistant; S McLeod, Administration Officer; S O’Neill, Legal Adviser to the
Planning Local Review Body 
1 Declaration of Interests 
No interests were declared. 
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 
A report dated 8 October 2024 by the Executive Director (Finance and Corporate Resources) was
submitted on a request for a review of the decision taken by officers, in terms of the Scheme of
Delegation, to refuse planning permission for planning application P/24/0367 by Gioca Leisure
Limited for the use of a storage and distribution warehouse (class 6) as a soft play centre (class
11) and installation of a flue relating to an ancillary kitchen at Graham Builders Merchants Ltd,
Cadzow Industrial Estate, Hamilton. 
At its meeting held on 24 October 2024, the PLRB had agreed to defer this review to ensure that
the information in relation to the review was issued in accordance with the appropriate timescales. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with a
representation and responses from consultees
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submission from Planning and Regulatory Services following notification of the
request for the review of the case 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB.  
3
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The Legal Adviser advised as follows on a procedural matter:- 
 the applicant’s agent had submitted a new matter, namely a revised parking layout plan
 legislation stated that new matters must not be raised unless the new matter could not have
been raised before the determination was made or it not being raised before that time was
a consequence of exceptional circumstances
 the applicant’s agent relied on exceptional circumstances, in that the applicant had not been
made aware of the comments submitted by Roads, Transportation and Fleet Services prior
to the decision being taken to refuse the application
 Planning and Regulatory Services had stated that the applicant had not been advised of the
comments as addressing the comments would not have altered the decision
 the revised parking layout plan had been submitted with the notice of review and interested
parties and Planning and Regulatory Services had been notified of the revised plan and
provided with the opportunity to provide representation in relation to the revised plan
 it was a matter for the PLRB to decide if the revised plan and further representation received
in relation to the revised plan should be considered when determining the review 
The PLRB agreed that the new matter would not be considered in relation to the review. 
The PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties, with the
exception of the new matter referred to above. 
There followed a discussion on the application during which the Planning Adviser and the Chair
responded to a member’s questions on aspects of the review. 
Following its review of the information, the PLRB concluded that there was no valid policy
justification to support the use of a storage and distribution warehouse (class 6) as a soft play
centre (class 11) and installation of a flue relating to an ancillary kitchen at the proposed location
and it would not accord with the development plan for the reasons detailed in the decision notice
issued on 23 May 2024. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/24/0367 by Gioca Leisure Limited for the use
of a storage and distribution warehouse (class 6) as a soft
play centre (class 11) and installation of a flue relating to an
ancillary kitchen at Graham Builders Merchants Ltd,
Cadzow Industrial Estate, Hamilton, be upheld. 
[Reference:  Minutes of 24 October 2024 (Paragraph 5)] 
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 
A report dated 22 October 2024 by the Executive Director (Finance and Corporate Resources)
was submitted on a request for a review of the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning application P/24/0041 by C Noble for
use of a residential flat (sui generis) as a short-term let (sui generis) at 20 Back O'Barns, Hamilton. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:-  
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 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and a response from a consultee
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submission from Planning and Regulatory Services following notification of the
request for the review of the case
 comments from the applicant on the further submission received from Planning and
Regulatory Services 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The PLRB noted that the applicant had requested that further written submissions be sought,
however, on the basis of the above, the PLRB considered it had sufficient information to allow it
to proceed to determine the review.  The options available to the PLRB were to uphold, reverse
or vary the decision taken in respect of the application under review. 
In reviewing the case, the PLRB considered the information submitted by all parties. 
Following its review of the information, the PLRB concluded that there was no valid policy
justification to support the change of use from a residential flat to a short-term let at the proposed
location and it would not accord with the development plan for the reasons detailed in the decision
notice issued on 24 April 2024. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/24/0041 by C Noble for use of a residential flat
(sui generis) as a short-term let (sui generis) at 20 Back
O'Barns, Hamilton, be upheld. 
4 Urgent Business 
There were no items of urgent business. 
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 2 December 2024
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/24/0361 for Erection of
Single-storey Dwelling House at Land at Mill Road,
Biggar 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the decision taken by officers, in terms of the Scheme of Delegation, on the
following application:-
[purpose]
1.2. Summary Application Information 
Application Type: Detailed planning application 
Applicant: Mr and Mrs Wyllie 
Proposal: Erection of single-storey dwelling house
Location:   Land at Mill Road, Biggar, ML12 6LY 
Council Area/Ward: 03 - Clydesdale East 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to determine
the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the review,
consider:- 
(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
[1recs]
4
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3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred to
the Planning Committee for a decision.   
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body. 
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for requiring
a review of the determination in respect of their application.  (Refer Appendix 5) 
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as follows:- 
Further written submissions  X Site inspection 
Hearing session(s)  Assessment of review documents
only, with no further procedure 
4.3. However, members will be aware that it is for the Planning Local Review Body to
determine how a case is reviewed. 
5. Information Available to Allow Review of Application
5.1. Section 43B of the 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 consultee responses (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. 2 further representations were received, including a Statement of Observations from
the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day
period from the date on which notification of the request for a review of the case was
given.  These are attached as Appendix 6. 
6.2. The applicant had the opportunity to comment on the further representations received. 
No comments on the further representations were received from the applicant. 
Jackie Taylor
Executive Director (Finance and Corporate Resources) 
21 November 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  4a
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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 100665647-001
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Type of Application
What is this application for? Please select one of the following: *
  Application for planning permission (including changes of use and surface  mineral working).
  Application for planning permission in principle.
  Further application, (including renewal of planning permission, modification, variation or removal of a planning condition etc)
  Application for Approval of Matters specified in conditions.
Description of Proposal
Please describe the proposal including any change of use: *  (Max 500 characters)
Is this a temporary permission? *  Yes   No
If a change of use is to be included in the proposal has it already taken place?  Yes   No
(Answer ‘No’ if there is no change of use.) *
Has the work already been started and/or completed? *
 No   Yes – Started   Yes - Completed
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Erection of single storey dwellinghouse
4a
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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: *
DTA
Other
Mr & Mrs
DTA
.
.
Wyllie
Montgomery Street
Montgomery Street
9
9
01355260909
G74 4JS
G74 4JS
Scotland
Scotland
East Kilbride
East Kilbride
The Village
The Village
katie.macmillan@dta.scot
katie.macmillan@dta.scot
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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 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.
885.00
Vacant land
South Lanarkshire Council
Land at Mill Road Biggar ML12 6LY
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Page 4 of 8
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Are you proposing to connect to the public drainage network (eg. to an existing sewer)? *
  Yes – connecting to public drainage network
  No – proposing to make private drainage arrangements
  Not Applicable – only arrangements for water supply required
As you have indicated that you are proposing to make private drainage arrangements, please provide further details.
What private arrangements are you proposing? *
 New/Altered septic tank.
 Treatment/Additional treatment (relates to package sewage treatment plants, or passive sewage treatment such as a reed bed).
 Other private drainage arrangement (such as chemical toilets or composting toilets).
What private arrangements are you proposing for the New/Altered septic tank? *
 Discharge to land via soakaway.
 Discharge to watercourse(s) (including partial soakaway).
 Discharge to coastal waters.
Please explain your private drainage arrangements briefly here and show more details on your plans and supporting information: *
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.
0
Please see site plan
2
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Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes   No
How many units do you propose in total? *
Please provide full details of the number and types of units on the plans. Additional information may be provided in a supporting
statement.
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes   No
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes   No   Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Please see plans
1
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Page 6 of 8
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
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: DTA  .
On behalf of: Mr & Mrs . Wyllie
Date: 21/03/2024
 Please tick here to certify this Certificate. *
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Page 7 of 8
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 8 of 8
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: . DTA  .
Declaration Date: 21/03/2024
Payment Details
Pay Direct     
Created: 21/03/2024 16:22
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Report of Handling 
Report dated 27 August 2024 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2(a)  4b
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Reference no. P/24/0361
Delegated Report   
Date 27 August 2024 
Planning proposal: Erection of single-storey dwellinghouse   
Location:  Land At Mill Road
Biggar
ML12 6LY 
Application Type:  Detailed planning application   
Applicant:  Mr And Mrs Wyllie 
Location:   Land At Mill Road
Biggar
ML12 6LY    
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 3 Biodiversity
Policy 12 Zero waste
Policy 13 Sustainable transport
Policy 14 Design, quality and place
Policy 15 Local Living and 20-minute neighbourhoods
Policy 16 Quality homes 
South Lanarkshire Local Development Plan 2 (adopted 2021)
Policy 2 Climate change
Policy 3 General Urban Areas and Settlements
Policy 5 Development Management and Placemaking
Policy SDCC3 Sustainable Drainage Systems
Policy SDCC7 Low and Carbon Emissions from new Buildings
Policy DM1 New Development Design
Policy DM15 Water Supply
Policy DM16 Foul Drainage/Sewerage Provision 
Assessment
Impact on privacy? No
Impact on sunlight/daylight? No
Impact on amenity? No
Traffic issues? No
Adheres to development plan policy? Yes
Adverse comments from consultees? No 
4b
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Consultations Summary of response 
Scottish Water 
Roads Development Management
Team 
West Of Scotland Archaeology
Service 
Sufficient water and waste water capacity to service the
development 
No adverse comments or objections but request conditions
related to the formation of the access, parking, and visibility
splay. 
Potential for sub-surface archaeological deposits and
request condition of an archaeological watching brief.
Representation(s): 
► 1 Objection letters
► 0 Support letters
► 0 Comment letters 
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Planning Application Delegated Report 
1 Application Summary 
1.1 The proposed development relates to the erection of a 2-bedroom single-storey
dwellinghouse off Mill Road, Biggar. The 0.05ha site sits to the west of Mill Road and behind
Rowhead Farm, an existing single-storey dwelling. The site’s access would be around the
side and to the front of Rowhead Farm. To the site’s south are the rear gardens of McApline
Avenue and to the west is agricultural land. The site was an informal agricultural yard
associated with Rowhead Farm, some of which was approved for the development of 2
houses on Mill Road (P/21/0815) which are currently under construction to the north of the
site. 
1.2 The site is within the defined settlement boundary of Biggar but is not allocated in the
Development Plan. The site is in the north of Biggar which contains many shops and
services. Within a 20-minute-walk of the site is the town centre, local shops, supermarkets,
employment, education, sport and community facilities, playgrounds and open space, and
bus services to Lanark, Peebles, and Edinburgh. 
1.3 The proposed house would have: a 98m2 rectangular-shaped footprint; a cross-gable roof
finished in grey concrete tile with a ridge height of 5.0m; grey uPVC soffit and fascia; white
rendered external walls; grey uPVC rainwater goods, vertically emphasised fenestration
with grey timber composite doors and windows. The proposed house would face westward
and be sited approximately 5.0m and 14.5m west of the boundary and dwellinghouse
respectively of Rowhead Farm. A driveway would encompass Rowhead Farm on three
side, leaving Mill Road at the southeast, travelling in front of the existing house, then along
its northern side, and leading to a parking area at its western side. The proposed house
would have at least 230m2 of useable garden ground at its south side. A 1.8m high fence
would define the east boundary with Rowhead Farm and a hedge row with standard trees
along the south and west boundary. No detail of the north boundary and has been given. 
1.4 The proposal was amened following validation to change the orientation of the house to
face westward instead of northward and to replace the proposed new private waste water
system with an existing private sewer. 
2 Representation(s) 
2.1 Following the statutory period of neighbour notification and advertisement, a total of 1
representation has been received (1 objections, 0 support) as defined in the scheme of
delegation; 
• Principle of Development
o 2 houses already being developed on Mill Road
o Further subdivision of land isn’t acceptable
• Amenity
o Would cause overlooking
o Would cause overshadowing
o Existing development on McAlpine Avenue overshadows in winter
• Drainage
o Septic tank and soakaway are close to, and uphill from, existing houses. 
The above issues will be considered in the assessment below and full copies are available
on the planning portal. 
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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) and the South Lanarkshire Local Development Plan 2 (SLLDP2). 
Principle of Development 
3.2 Policy 16 of NPF4 intends to provide quality homes and sets out that development
proposals for new homes on sites not allocated for housing in the LDP will only be supported
in limited circumstances. Three criteria must be meet although the first, for an agreed build
out time, is not proportionate to the development of a single house. The second requires
consistency with the plans other policies and the third requires one of four situations to be
applicable. In the case of a non-rural single house the only applicable situation could be
that the proposal is for smaller scale opportunities within an existing settlement boundary. 
3.3 Policy 14 of NPF4 sets out that all development should be designed to improve the quality
of an area and be consistent with the six qualities of a successful place: healthy, pleasant,
connected, distinctive, sustainable, and adaptable. A healthy place should be designed for
social connectivity and create a sense of belonging and identity within the community. A
pleasant place should support attractive natural and built spaces and be designed for
positive social interactions including quality of the public realm, civic spaces, and streets
and ensuring a lively and inclusive experience. A distinctive place should support attention
to detail of local architectural styles and natural landscapes to be interpreted into designs
to reinforce identity and be designed to produce a sense of place including design
influences, architectural styles, choice of materials and finishes, detailing, landscape
design, active frontages and cultural context. 
3.4 Policy 5 of the SLLDP2 also requires development to be consistent with the six qualities of
placemaking and sets out that all development should take account of, and be integrated
with, the local context and built form and not have an adverse impact on neighbouring
amenity. Policy DM1 of the SLLDP2 supported by the Council’s Residential Design Guide
sets out that dwellings should front on to streets and public areas and that the back should
provide privacy. A distinctive place should be designed to create a sense of place design. 
3.5 The site has no frontage onto a street or public space as it is behind existing houses and
the principal elevation of the proposed house would front an agricultural field which is
outwith the settlement. Consequently, the proposed house would be hidden within the
settlement and not create a sense of belonging or identity in the community consistent with
a healthy place nor create a pleasant place due to this lack of interaction. The lack of active
frontage would not contribute to creating an attractive built environment. As the site is
located behind existing dwellings and the proposed house would not have an appropriate
frontage and would not be consistent with the qualities of a successful place, it would be
contrary to Policy 14 of NPF4 and Policies 5 and DM1 of the SLLDP2. 
3.6 In terms of amenity impacts, the neighbour to the east, Rowhead Farm, raised concern for
overshadowing and overlooking and satellite imagery confirms that the recently developed
houses on McAlpine Avenue overshadow the garden ground of Rowhead Farm in winter
months. The proposed house would result in the private garden of Rowhead Farm being
surround by development across the full path of the sun. Therefore, it is likely that the
proposed development would worsen overshadowing, further exacerbated by the 1.8m
boundary fence necessitated for privacy, while itself being subject to the same
overshadowing from McAlpine Avenue. It is recognised that a bungalow limits opportunities
for overlooking which can be offset by standard garden fences. However, site levels are
higher than the existing houses to the east and north and the proposed house would be
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positioned close to these boundaries which would detract from the sense of privacy of
existing rear gardens. Furthermore, Rowhead Farm would be encompassed by the
proposed development due the position of the proposed house and its access which is not
an acceptable situation in terms of residential amenity. 
3.7 Additionally, Policy 3 of the SLLDP2 relates to all development within settlement areas. It
does not specifically allocate sites for housing, although, the principle of residential
development is generally acceptable if it does not affect the amenity and character of the
area. However, as detailed above, the proposed house would not make a positive
contribution to the character of the area due to its back-land position. Furthermore, it would
detract from the privacy of existing gardens as the proposed house would be sited close to
some boundaries. 
3.8 It is noted that a recent nearby consent P/23/1387 is exampled in the application and does
not have a street frontage.  However it does not present the same characteristics as the
application site. The consented house is not directly behind any residential gardens and
has a frontage onto open space within the settlement. 
Sustainability 
3.9 Policies 1 and 2 of NPF4 and Policy 2 of the SLLDP2 relate to the climate crises and identify
that all development should seek to minimise and mitigate the effects of climate change.
Policy SDCC7 of the SLLDP2 seeks to minimise the carbon emissions from new buildings.
Solar panels are proposed for the house which is a low carbon energy technology, and an
electric vehicle charge point could be secured by condition if the principle of development
was acceptable. Additionally, the Council has other mechanisms to promote sustainable
development such as through the Building Standards Service. Therefore, the proposal is
not considered contentious in terms of carbon emissions and climate change. 
3.10 Policy 13 of NPF4 promotes sustainable transport and aims to facilitate developments
that prioritise walking, wheeling, cycling and public transport for everyday travel and
reduce the need to travel unsustainably. Policy 15 of NPF4 aims to create
neighbourhoods that can meet the daily needs of the population. Biggar is a large
settlement where most daily needs can be achieved by sustainable travel means from the
site. The application site is less than a 15-minute walk from the town centre and within a
20-minute walk of most services and facilities. Therefore, the site is a sustainable location
is terms of transport which is consistent with local living and 20-minute neighbourhoods. 
3.11 Policy 3 of NPF4 outlines that local developments should conserve, restore, and enhance
the biodiversity value of a site. A native hedge row is proposed and if the principle of
development was acceptable, full details of biodiversity enhancements could be secured. 
Layout, Siting, and Design 
3.12 Policy 14 of NPF4 and Policies 5 and DM1 of the SLLDP2 relate to liveable places,
placemaking, and the quality of the design of a development. The proposed house in terms
of scale, design, and materiality, would be sympathetic to the rural edge of an urban area.
However, as set out in paragraphs 3.2 - 3.8, the principle of the development is
unacceptable due to the layout and siting. Therefore, regardless of the physical appearance
of the proposed house, the proposal is contrary to Policy 14 of NPF4 and Policies 5 and
DM1 of the SLLDP2. 
Technical Matters 
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3.13 Policy 12 of NPF4 requires waste-generating proposals, including residential, to prioritise
waste reduction, separation at source, and convenient storage and collection. No details
have been provided in this regard although there is sufficient scope within the site and
further information could be requested if the principle of development was acceptable. 
3.14 Policy 22 of NPF4 and Policy SDCC3 of the SLLDP2 relate to the water environment and
sustainable urban drainage systems. These require that development proposals would not
increase the risk of surface water flooding to others, or themselves be at risk, that they
manage all rain and surface water through sustainable urban drainage systems (SUDS)
and seek to minimise the area of impermeable surface. The site is not at risk of flooding
and the site is proposed to be permeable except for the proposed dwelling and some hard
surfacing for access. Rainwater is proposed to be drained via a SUDS but details have not
been provided. There is sufficient scope within the site for a SUDS and these details could
be requested if the principle of development was acceptable. 
3.15 Policies DM15 and DM16 of the SLLDP2 seek to ensure appropriate supply of water and
waste water services. The application form details that connection would be made to the
existing public water supply; the availability of which has been confirmed by Scottish Water.
However, Scottish Water also confirmed that the public sewer is available, yet the
application proposes connection to an existing private sewer. A revised submission was
received following Scottish Water’s response changing from a proposed new private system
to an existing private system. Policy DM16 requires the public system to be utilised where
available however no justification for the use of a private system in a publicly served area,
or details of the private system have been provided. Therefore, the proposal is contrary to
Policy DM16 of the SLLDP2. 
3.16 Policy 5 of SLLDP2 has a term requiring the provision of suitable access and parking. The
parking standard for a 2-bedroom house is 2 off-street parking spaces which are shown on
the plans. The Council’s Roads Authority has responded that the proposed access and
parking arrangement would be acceptable and have requested conditions related to the
proper formation of these details in the interests of road safety. 
4 Reason for Decision 
4.1 The proposed dwellinghouse would not represent a small-scale opportunity within a
settlement as it would not have street frontage and would have a detrimental impact on the
character and amenity of the area and would be inconsistent with the principles of a
successful place. Furthermore, a private sewer connection is proposed without justification
in a publicly severed area. Consequently, the application is recommended for refusal for
the reasons set out below. 
Delegating officer:    Bernard Darroch 
Date:   28 August 2024 
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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 05.04.2024
► Advertisement in the Carluke Gazette published
► Consultations: 
Scottish Water 16.04.2024 
Roads Development Management Team 29.04.2024 
West Of Scotland Archaeology Service 09.04.2024 
► Representations:  
Gillian Travers
Rowhead Farm, Biggar Mill Road, Biggar, ML12 6LY
Dated: 
26.04.2024 
Contact for further information
If you would like to inspect the background papers or want further information, please contact 
Mark Ripley
Planning Officer
Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Phone: 07385516141   
Email: mark.ripley@southlanarkshire.gov.uk 
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Planning Application
Application number:  P/24/0361 
Reasons for refusal 
01. The proposal would be contrary to Policy 14 - Design, quality and place of National Planning
Framework 4 as it is not consistent with the six qualities of successful places. Specifically,
it fails to achieve the characteristics of a healthy, pleasant, and distinctive place due to the
unacceptable location of the proposed house. 
02. The proposal would be contrary to Policy 3 – General Urban Areas and Settlements of the
South Lanarkshire Local Development Plan 2 as it would be detrimental to the amenity of
residents and the character of the surrounding area due to the unacceptable location of the
proposed house. 
03. The proposal would be contrary to Policy 5 – Development Management and Placemaking
of the South Lanarkshire Local Development Plan 2 as it is inconsistent with six qualities of
placemaking and would be detrimental to the amenity of nearby residential properties due
to the unacceptable location of the proposed house. 
04. The proposal would be contrary to Policy DM1 – New Development Design of the South
Lanarkshire Local Development Plan 2 as it does not respect the local context, is not
appropriate to the character of the site, would not improve the visual quality of the area,
and would not create a strong sense of place. 
05. The proposal would be contrary to Policy DM16 – Foul Drainage/Sewerage Provision of the
South Lanarkshire Local Development Plan 2 as a private sewerage system is proposed
without justification in an area that is publicly served. 
Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
L(0-)01  Refused  
L(0-)02 B Refused  
L(0-)03  Refused   
L(2-)01 A Refused   
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Consultation Responses 
 Response dated 9 April 2024 from West of Scotland Archaeology Services
 Response dated 16 April 2024 from Scottish Water
 Response dated 29 April 2024 from Roads, Transportation and Fleet Services 
Appendix 2(b)  4c
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From: O"Hare, Martin (NRS)
To: Planning
Subject: Planning Application P/24/0361 (OFFICIAL)
Date: 09 April 2024 08:30:44
OFFICIAL
Dear Sir or Madam,
I refer to the above application for the erection of a single-storey house on land at Mill Road, Biggar, which was sent to us for comment on the 5th of
April.  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, with available cartographic sources, and with previous planning casework, I would like to make the following
comments. 
The plot of ground that is proposed for development falls within an archaeological consultation trigger, which in this instance has been defined in
relation to a crop-marking identifying the presence of a circular enclosure that was visible on aerial photographs taken by Historic Scotland and the
Department of Archaeology in 1998.  Although the recorded position of this crop-marking lies around 80m to the south-west of the plot of ground that
is the subject of the application, its presence does demonstrate the potential for sub-surface archaeological deposits and features to survive in this
area.  Material of this type would be disturbed or removed as a result of ground disturbance associated with construction of the proposed new houses
and their associated infrastructure.
Government policy as set out in Scottish Planning Policy is that planning authorities should ensure that prospective developers arrange for the
archaeological issues raised by their proposals to be adequately addressed. Where the survival of significant archaeological material is uncertain and
the scale of the development is reasonably limited, as in this case, the West of Scotland Archaeology Service would advise planning authorities to
consider attaching an archaeological watching brief condition to any consent they may be minded to grant. This is based on current best practice and
experience, and reflects the principles outlined in Planning Advice Note 2/2011.  It also replicates the condition that was recommended in relation to a
2021 application for the erection of two detached houses in the garden ground immediately to the north of Rowhead Farm (planning reference
P/21/0815).
‘The developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to
the Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and
allowed to record, recover and report items of interest and finds. A method statement for the watching brief will be submitted by the applicant, agreed
by the West of Scotland Archaeology Service, and approved by the Planning Authority prior to commencement of the watching brief.  The name of the
archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in
writing not less than 14 days before development commences’.
This condition would be implemented by means of the applicant or developer appointing a professional archaeological contractor to prepare a method
statement.  This is basically a project design document which sets out in detail the scope of work that will take place on the site, and in this instance
should include provision for the archaeological contractor to be present on site during the initial phases of ground disturbance associated with the
proposal, including the initial removal of turf and topsoil from the footprints of the houses and any associated parking areas, access routes, services
etc, to ensure that any archaeological material exposed during this process can be identified, excavated, and recorded prior to its being removed by
construction activity.
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
OFFICIAL
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SW Public
General
Tuesday, 16 April 2024 
Local Planner
Planning & Economic Development Community & Enterprise Resources
South Lanarkshire Council
Hamilton
ML3 8RE 
Dear Customer, 
Land At Mill Road, Biggar, ML12 6LY
Planning Ref: P/24/0361 
Our Ref: DSCAS-0107798-BJF
Proposal: Erection of single-storey dwellinghouse 
Please quote our reference in all future correspondence 
Audit of Proposal
Scottish Water has no objection to this planning application; however, the applicant should be
aware that this does not confirm that the proposed development can currently be serviced.
Please read the following carefully as there may be further action required. Scottish Water
would advise the following: 
Water Capacity Assessment 
Scottish Water has carried out a Capacity review and we can confirm the following: 
 There is currently sufficient capacity in the Coulter Water Treatment Works to service
your development. However, please note that further investigations may be required
to be carried out once a formal application has been submitted to us. 
Waste Water Capacity Assessment 
 There is currently sufficient capacity for a foul only connection in the Biggar Waste
Water Treatment works to service your development. However, please note that
further investigations may be required to be carried out once a formal application has
been submitted to us. 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk 
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SW Public
General
Please Note 
 The applicant should be aware that we are unable to reserve capacity at our water
and/or waste water treatment works for their proposed development. Once a formal
connection application is submitted to Scottish Water after full planning permission
has been granted, we will review the availability of capacity at that time and advise
the applicant accordingly. 
Asset Impact Assessment 
Scottish Water records indicate that there is live infrastructure in the proximity of your
development area that may impact on existing Scottish Water assets. 
 225mm surface water sewer 
 63mm MDPE water main 
The applicant must identify any potential conflicts with Scottish Water assets and contact our
Asset Impact Team via our Customer Portal for an appraisal of the proposals. 
The applicant should be aware that any conflict with assets identified will be subject to
restrictions on proximity of construction. Please note the disclaimer at the end of this
response. 
Written permission must be obtained before any works are started within the area of our
apparatus 
Surface Water 
For reasons of sustainability and to protect our customers from potential future sewer
flooding, Scottish Water will not accept any surface water connections into our combined
sewer system. 
There may be limited exceptional circumstances where we would allow such a connection
for brownfield sites only, however this will require significant justification from the customer
taking account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should contact Scottish Water at the earliest opportunity
with strong evidence to support the intended drainage plan prior to making a connection
request. We will assess this evidence in a robust manner and provide a decision that reflects
the best option from environmental and customer perspectives. 
General notes: 
 Scottish Water asset plans can be obtained from our appointed asset plan providers: 
 Site Investigation Services (UK) Ltd
 Tel: 0333 123 1223  
 Email: sw@sisplan.co.uk
 www.sisplan.co.uk
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SW Public
General 
 Scottish Water’s current minimum level of service for water pressure is 1.0 bar or
10m head at the customer’s boundary internal outlet.  Any property which cannot be
adequately serviced from the available pressure may require private pumping
arrangements to be installed, subject to compliance with Water Byelaws. If the
developer wishes to enquire about Scottish Water’s procedure for checking the water
pressure in the area, then they should write to the Customer Connections department
at the above address. 
 If the connection to the public sewer and/or water main requires to be laid through
land out-with public ownership, the developer must provide evidence of formal
approval from the affected landowner(s) by way of a deed of servitude. 
 Scottish Water may only vest new water or waste water infrastructure which is to be
laid through land out with public ownership where a Deed of Servitude has been
obtained in our favour by the developer. 
 The developer should also be aware that Scottish Water requires land title to the
area of land where a pumping station and/or SUDS proposed to vest in Scottish
Water is constructed. 
 Please find information on how to submit application to Scottish Water at our
Customer Portal. 
Next Steps: 
 All Proposed Developments 
All proposed developments require to submit a Pre-Development Enquiry (PDE)
Form to be submitted directly to Scottish Water via our Customer Portal prior to any
formal Technical Application being submitted. This will allow us to fully appraise the
proposals. 
Where it is confirmed through the PDE process that mitigation works are necessary
to support a development, the cost of these works is to be met by the developer,
which Scottish Water can contribute towards through Reasonable Cost Contribution
regulations. 
 Non Domestic/Commercial Property: 
Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the
water industry in Scotland has opened to market competition for non-domestic
customers.  All Non-domestic Household customers now require a Licensed Provider
to act on their behalf for new water and waste water connections. Further details can
be obtained at www.scotlandontap.gov.uk 
 Trade Effluent Discharge from Non-Domestic Property: 
 Certain discharges from non-domestic premises may constitute a trade
effluent in terms of the Sewerage (Scotland) Act 1968.  Trade effluent arises
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SW Public
General
from activities including; manufacturing, production and engineering; vehicle,
plant and equipment washing, waste and leachate management. It covers
both large and small premises, including activities such as car washing and
launderettes. Activities not covered include hotels, caravan sites or
restaurants. 
 If you are in any doubt as to whether the discharge from your premises is
likely to be trade effluent, please contact us on 0800 778 0778 or email
TEQ@scottishwater.co.uk using the subject “Is this Trade Effluent?". 
Discharges that are deemed to be trade effluent need to apply separately for
permission to discharge to the sewerage system.  The forms and application
guidance notes can be found here.
 Trade effluent must never be discharged into surface water drainage systems
as these are solely for draining rainfall run off.
 For food services establishments, Scottish Water recommends a suitably
sized grease trap is fitted within the food preparation areas, so the
development complies with Standard 3.7 a) of the Building Standards
Technical Handbook and for best management and housekeeping practices
to be followed which prevent food waste, fat oil and grease from being
disposed into sinks and drains.
 The Waste (Scotland) Regulations which require all non-rural food
businesses, producing more than 5kg of food waste per week, to segregate
that waste for separate collection. The regulations also ban the use of food
waste disposal units that dispose of food waste to the public sewer. Further
information can be found at www.resourceefficientscotland.com 
I trust the above is acceptable however if you require any further information regarding this
matter please contact me on 0800 389 0379 or via the e-mail address below or at
planningconsultations@scottishwater.co.uk. 
Yours sincerely, 
Angela Allison
Development Services Analyst
PlanningConsultations@scottishwater.co.uk 
Scottish Water Disclaimer: 
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation."
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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 Phone: 07825583972
Email: craig.lattimer@southanarkshire.gov.uk 
Memo 
To: Planning  Our ref:  P/24/0361  
Your ref: Mark Ripley  
If calling ask for: Craig Lattimer  
Phone: 07825583972
cc:  Date: 29 April 2024
From: Stuart Laird
Engineering Manager 
P/24/0361 - Land At Mill Road Biggar ML12 6LY 
I refer to the application dated 21 March 2024, received in this office on 5 April 2024. 
This application is for the erection of single-storey dwellinghouse to be accessed from Biggar Mill
Road, Biggar which at this location is unlit and subject to a 30mph speed limit. 
EVCP should be provided. 
Access to be by means of a 6m wide dropped kerb vehicular crossing.  Access should be hard
surfaced, sealed and trapped to prevent water or debris being distributed onto the public road.  A
road opening permit will be required. 
Visibility splays of 2m x 43m should be provided and maintained in both directions with no objects
great in height than 900mm located within this splay. 
2 no parking spaces should be provided in modules of 3m x 6m. 
This Service would offer no objections to this application. 
Should Planning and Regulatory Services be minded to approve the application, we would
recommend the following conditions: - 
• Access to be by means of a 6m wide dropped kerb vehicular crossing.  Access should be
hard surfaced, sealed and trapped to prevent water or debris being distributed onto the
public road.  A road opening permit will be required.
• Visibility splays of 2m x 43m should be provided and maintained in both directions with no
objects great in height than 900mm located within this splay.
• 2 no parking spaces should be provided in modules of 3m x 6m.
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Stuart Laird
Engineering Manager 
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Representations 
Representation From Dated
 Gillian Travers 21/4/24
 Gillian Travers 2/5/24   
Appendix 2(c)  4d
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46

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4d
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From:
To: Ripley, Mark
Subject: Planning Application Ref No P/24/0361
Date: 02 May 2024 12:26:42
2 May 2024
Mark Ripley Planning Officer
Planning Application Department
South Lanarkshire Council
From Gillian Travers
Owner of Rowhead Farm, Biggar Mill Road, Biggar ML12 6LY
Planning Ref No P/24/0361
Further to my objection submission of 21/4/2024, which you have acknowledged, another
point has been brought to my attention. I appreciate that the date to register an objection
has passed but the following item has only just been reported to me.
When permission for two houses was granted in 2021 Planning Ref P/21/0815 it was
specifically stated by the Planners that no building (house or bungalow) was to be built
on the land to the west of Rowhead Farm (part of the area marked in red). The new owner
is now trying to get building permission for a third house on this exact area.
The Planning Department made this comment knowing that it would be a totally unsuitable
high ground place badly affecting Rowhead Farm for all the reasons stated in my earlier
objection.
Please add this information to my earlier objection.
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Site photographs and location plan 
Appendix 3  4e
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50

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Photo 1 looking southwest 
4e
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Photo 2 looking east 
52

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Photo 3 looking south 
53

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Photo 4 looking east 
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Photo 5 looking north 
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Photo 6 looking north 
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1
2
3
4
5 6
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58

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Planning Decision Notice and Reasons for Refusal 
Appendix 4  4f
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Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Email mark.ripley@southlanarkshire.gov.uk Phone: 07385516141 
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services 
DTA
9 Montgomery Street
The Village
East Kilbride
G74 4JS
Our Ref: P/24/0361
Your Ref: 
If calling ask for: Mark Ripley
Date: 30 August 2024 
Dear Sir/Madam 
Proposal: Erection of single-storey dwellinghouse
Site address: Land At Mill Road, Biggar, ML12 6LY, , 
Application no: P/24/0361 
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 Mark Ripley on 07385516141 
Yours faithfully 
Head of Planning and Regulatory Services 
Enc:  
4f
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006 
To: Mr And Mrs Wyllie  Per: DTA 
9 Montgomery Street, The
Village, East Kilbride, G74
4JS 
9 Montgomery Street, The
Village, East Kilbride, G74
4JS 
With reference to your application received on 21.03.2024 for planning permission under the
above mentioned Act: 
Description of proposed development: 
Erection of single-storey dwellinghouse 
Site location: 
Land At Mill Road, Biggar, ML12 6LY, ,   
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: 30th August 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/24/0361 
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South Lanarkshire Council 
Refuse planning permission 
Paper apart - Application number: P/24/0361 
Reason(s) for refusal: 
01. The proposal would be contrary to Policy 14 - Design, quality and place of National
Planning Framework 4 as it is not consistent with the six qualities of successful places.
Specifically, it fails to achieve the characteristics of a healthy, pleasant, and distinctive
place due to the unacceptable location of the proposed house. 
02. The proposal would be contrary to Policy 3 - General Urban Areas and Settlements of the
South Lanarkshire Local Development Plan 2 as it would be detrimental to the amenity of
residents and the character of the surrounding area due to the unacceptable location of
the proposed house. 
03. The proposal would be contrary to Policy 5 - Development Management and Placemaking
of the South Lanarkshire Local Development Plan 2 as it is inconsistent with six qualities
of placemaking and would be detrimental to the amenity of nearby residential properties
due to the unacceptable location of the proposed house. 
04. The proposal would be contrary to Policy DM1 - New Development Design of the South
Lanarkshire Local Development Plan 2 as it does not respect the local context, is not
appropriate to the character of the site, would not improve the visual quality of the area,
and would not create a strong sense of place. 
05. The proposal would be contrary to Policy DM16 - Foul Drainage/Sewerage Provision of
the South Lanarkshire Local Development Plan 2 as a private sewerage system is
proposed without justification in an area that is publicly served. 
Reason(s) for decision 
The proposed dwellinghouse would not represent a small-scale opportunity within a settlement
as it would not have street frontage and would have a detrimental impact on the character and
amenity of the area and would be inconsistent with the principles of a successful place.
Furthermore, a private sewer connection is proposed without justification in a publicly severed
area. Consequently, the application is recommended for refusal for the reasons set out below. 
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Notes to applicant 
Application number: P/24/0361 
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  
L(2-)01 A Refused  
L(0-)01  Refused  
L(0-)02 B Refused  
L(0-)03  Refused   
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Important notes 
Community and Enterprise Resources 
Executive Director David Booth 
Planning And Regulatory Services 
Town and Country Planning (Scotland) Act 1997 
1. Compliance with conditions 
Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section
145), failure to comply with any condition(s) imposed on any planning permission may
result in the service by the Council of a “Breach of Condition Notice” requiring
compliance with the said condition(s). 
There is no right of appeal against such a Notice and failure to comply with the terms of
the Notice within the specified time limit will constitute a summary offence, liable on
summary conviction to a fine not exceeding £1000. 
2. Procedure for appeal to the planning authority 
(a) If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the applicant
may require the planning authority to review the case under section 43A of the Town
and Country Planning (Scotland) Act 1997, within three months from the date of this
notice. The notice of review should be addressed to: 
Executive Director (Finance and Corporate Resources)
Administration and Legal Services
Council
Headquarters
Almada Street
Hamilton
ML3 0AA 
To obtain the appropriate forms:
Administration and Legal Services at the above
address. Telephone: 07385 370 117
E-mail: stuart.mcleod@southlanarkshire.gov.uk 
(b) If permission to develop land is refused or granted subject to conditions, whether by the
planning authority or by the Scottish Ministers, and the owner of the land claims that the
land has become incapable of reasonably beneficial use in its existing state and cannot
be rendered incapable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the planning
authority a purchase notice requiring the purchase of his interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicants Mr and
Mrs Wyllie 
Appendix 5  4g
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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 100665647-003
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application)  Applicant  Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
DTA
DTA
.
Montgomery Street
9
01355260909
G74 4JS
Scotland
East Kilbride
The Village
katie.macmillan@dta.scot
4g
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Other
Mr & Mrs
.
South Lanarkshire Council
Wyllie Montgomery Street
9
G74 4JS
Land at Mill Road Biggar ML12 6LY
Scotland
East Kilbride
The Village
katie.macmillan@dta.scot
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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)
The applicants have instructed DTA to apply for a review of the application by the Local Review Body following the refusal of
Planning Permission for their proposal relative to the erection of a single storey detached dwelling.
Please refer to attached Supporting Statement for full details.
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with?  (Max 500 characters)
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Appeal Supporting Statement
P/24/0361
30/08/2024
By means of inspection of the land to which the review relates
21/03/2024
We believe that a site inspection is imperative to allow members of the committee to fully appreciate the nature of the proposal
and it's location.
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Page 5 of 5
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: . DTA  .
Declaration Date: 02/10/2024
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Land at Mill Road, Biggar | DTA   
PROPOSED SINGLE-STOREY
DWELLING 
LAND AT MILL ROAD, BIGGAR
LOCAL REVIEW BODY APPEAL
DOCUMENT 
May 2024 
CLIENT:
MR & MRS WYLLIE
PROJECT:
PROPOSED SINGLE-STOREY DWELLING
LAND AT MILL ROAD, BIGGAR
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Land at Mill Road, Biggar | DTA   
NB: LOCAL REVIEW BODY STATEMENT TO BE READ IN CONJUNCTION WITH ALL APPLICATION
DRAWINGS 
PROJECT
Proposed Single-Storey Dwelling 
Planning Ref P/24/0361 
APPLICANT 
Mr & Mrs Wyllie 
JOB No:
W73.02
REV:
-
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Land at Mill Road, Biggar | DTA   
TABLE OF CONTENTS
1. Observations Based on Area Manager’s Report
2. Reasons for Delegated Planning Refusal and Responses.
3. Statutory Consultees Responses.
4. Reason for Granting Application Based on Planning Policy
5. Conclusion 
1. Observations Based on Area Manager’s Report.
Firstly, after studying the Officer’s Report it is strongly believed if this application was presented
before the Councillors at a full Planning Committee, the application would have been granted not
only in terms of logic, but Planning Policy adopted in February 2023 re - National Planning
Framework 4 (NPF4) –
It is worthy of note that the Chief Planner’s Letter: transitional arrangements for National Planning
Framework 4 - 8th February 2023 states the following –
In the event of any incompatibility between a provision of NPF4 and a provision of an LDP, whichever
of them is later in date is to prevail. Provision as that is contradictory or in conflict would be likely to
be considered incompatible. (SLLDP2 adopted 2021, however, NPF4 adopted 2024 is the later in
date).
The Planning Authority has no issues with the following policies that were highlighted in the report
for application P/24/0361, therefore it is reasonable to assume they are deemed acceptable based
his report on;
National Planning Framework 4 (NPF4) Policies
Policy 1, Tackling the climate and nature crises.
Policy 2, Climate mitigation and adaptation.
Policy 3, Biodiversity.
Policy 12, Zero waste.
Policy 13, Sustainable transport.
Policy 15, Local Living and 20-minute neighbours.
South Lanarkshire Local Development Plan 2 (SLLDP2) 
Policy 2, Climate change
Policy SDCC3, 
Policy SCC7 Low and Carbon Emissions from new Buildings
Policy DM 16, Foul Drainage/Sewage Provision 
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Land at Mill Road, Biggar | DTA   
2.  Reason for Delegated Planning Refusal 
1. Contrary to NPF4. Policy 14 - Design, quality, and place. 
It is exceedingly difficult to understand the logic and reasoning of promoting Policy 14 as a reason
for refusal. Adjacent to the site is a development of 36 houses at McAlpine Court which attracted a
considerable number of objections to the development from individuals and the Community Council,
whilst the present application has one objection. Biggar is considered to be one of the gems in South
Lanarkshire, and people are fiercely proud of their community like other settlements, and rightly so.
We would actively encourage members of the Appeals Committee to visit the site and make a
comparison with surrounding properties and designs. The standard “get of jail card” of every
application on its own merits is blown out the water, when compared to houses granted planning in
the area.
The design quality and place of this single house is not contrary to Policy 14, it in fact enhances the
principle. The three of the six qualities highlighted as contrary to policy are 1. Healthy: Supporting
the prioritisation of woman safety and improving physical and mental health. This reasoning for
refusing the application is simply wrong, and bears no resemblance to reality. This application site is
an excellent location in a very safe environment which supports improving physical and mental
health. 
The second reason is equally hard to grasp. It is stated the site and area are contrary to a pleasant
environment, of course the site is supporting attractive natural and built space. The wider area also
supports a wonderfully pleasant environment. The site accords with Policy 14 and the wider area are
also a bonus.
The third, and on a par with the other two strange interpretations of NPF4 is distinctive – supporting
diligence of local architectural styles and natural landscape to be interpreted, literally or creatively,
into design to reinforce identity. The proposed design and natural landscape are superior to the
adjoining area by a considerable margin. Please take the opportunity to visit the site and you can
view for yourself the validity of the comments contained in this statement. 
It must be stressed not only the adjacent housing scheme at McAlpine Court will benefit from this
modest development of a single-family home. 
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Land at Mill Road, Biggar | DTA   
On the 9th February 2024 a full year after the adoption of NPF4 the Planning Authority granted
Planning Permission to application P/23/1387 (site plan below) and every aspect of NPF4 Policy 14
was deemed acceptable by SLC’s Planners. 
Above is the approved site plan for application P/23/1387
The approved site above is less than 350 metres away from the application site where Policy 14 was
deemed unacceptable. This situation is untenable at every level of NPF4 Policy 14. The other points
of application P/23/1387 is further from the main road, double the distance and that application also
generated more objections than the single objection to the application before the appeal
committee.
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Land at Mill Road, Biggar | DTA   
Above is the approved site plan for application P/22/1184
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Land at Mill Road, Biggar | DTA   
Above is the approved site plan for application P/24/0255 (specifically Plots 8&9) 
The above sites are example of a similar site in the area which has been approved by SLC.
The second reason for objection given is SLLDP Policy 3 General Urban Area and Settlement.
Firstly, the overarching planning guidance has been superseded from Scottish Planning Policy (SPP)
to NPF4.
The term ‘general urban area’ does not apply to Biggar with a population under 3000 people is
classified as a rural area as defined by the Scottish Government’s 6-fold Urban Rural Classification
2000. Biggar is on the edge of South Lanarkshire and as such benefit from NPF4 Policy 17 Rural
Homes where the focus is on improved choice of homes across tenures so that identified local needs
of people and communities in rural areas are met. Homes offer support to sustainable rural
communities and are linked with service provision. 
Interestingly, the Planning Authority never introduced Policy 17 Rural homes as a reason for refusal.
Equally interesting is granted Planning Application P/21/0815 which is within the settlement
boundary as is the appeal application, albeit that the appeal site is slightly closer to the town centre.
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Land at Mill Road, Biggar | DTA   
Using Policy 3 as a reason for refusal is without any foundation and should be dismissed as not
credible.
Reason 3 is the proposal would be contrary to SLLDP2 Policy 5 Development Management and
Placemaking. 
The Planners have stated the site is inconsistent with the six qualities of Policy 5 whilst stating
otherwise.
Firstly, there is no unacceptable significant adverse impact on adjacent land, merely the rounding off
a site within the settlement boundary.
Secondly, this architectural practice went to great lengths to protect against loss of residential
amenity.
Thirdly, the site meets every criterion for walking, wheeling, cycling and public transport regardless
of age and gender another issue at odds with the reality of the site. The Planning Officer made no
adverse comment to NPF4 Sustainable Transport which speaks volumes and contradicts any
implication that the site does not comply with sustainable transport and should never have been
included in this report, completely misleading.
Fourthly, the site meets all climate awareness issue. It should be noted the planner never raised a
concern with NPF4 Policy 1 Tackling the climate and nature crises, Policy 2 Climate mitigation and
adaption, Policy 12 Zero Waste and SLLDP2 Policy 2 Climate change. 
Fifthly, there is no risk due to previous mining, quarrying or mineral extraction. 
Sixthly, the site has no adverse impact on the historic environment or integrity of Natura 2000 sites.
The reason for refusal was given as Policy 5 the 6 qualities of placemaking and the application can be
seen to address all the issues.
Reason for Refusal 4, the application is contrary to – SLLDP, DM1 - New Development Design
The design takes careful regard to every aspect of Policy DM 1 , especially the diverse styles and
designs which have been promoted or evolved. The siting of the property will minimise the visual
impact with no overlooking or over-shadowing.
Modern method of construction and designs have superseded the traditional builds in the McAlpine
court area which dominates the area. The design proposed has adopted a sympathy to the
surrounding visual amenity.
Biggar has witnessed a dramatic change in building design and construction methods and layout,
however we have adopted more modest design in the best traditions of the area.
The infrastructural concerns have been resolved to a satisfactory standard by the Design Team.
The last reason for refusal is DM16- Foul Drainage/Sewage Provision. There is absolutely no need for
including DM 16 for two reasons. Number one, in rural areas public provision of sewage provision
co-exist with private sewage provision. Should the Local Authority feel strongly enough they can
condition the grant with a restrictive clause. Further, the advantage of a private system is that
provision minimising the capacity on the public facility and allows additional usage by others. 
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Land at Mill Road, Biggar | DTA   
3. Statutory Consultees Responses
Scottish Water – Sufficient water and waste capacity to service the development.
Roads Development Management Team – No adverse comments or objections.
West of Scotland Archaeology Service – Request condition of an archaeological watching brief. 
4. Reason for Granting Application Based on Planning Policy
The site is within the settlement of Biggar and similar applications have been passed with special
note of application P/23/1387 (granted 9th February 2024) which was a year after NPF4 was adopted
and lies further from main road. The application site attached one solitary letter of objection in a
climate where planting trees can attract more objections.
Rather than duplicate policies supporting the application It is the intention to focus on NPF4 as the
latest guidance before the adoption of SLLDP3. The present SLLDP2 Policies used for objections were
comprehensively dealt with in the previous chapter.
The application is consistent with NPF4 Policies –
Policy 1 Sustainable Places. Policy 2 Climate mitigation and adaption. Policy 3 Biodiversity Policy. 12.
Policy 13 Sustainable Transport. Worthy of note the above policies were taken into consideration
during the assessment period by the planners and none were highlighted as reasons for refusal for
obvious reasons.
Policy 14. Design, quality and place were the only policy reasons for refusal and were inconsistent
with previous planning approvals very nearby, the reasons given offered no justification for refusal.
Policy 14 Design, quality and place fully support the application in the proposed location.
Policy 15 Local Living and 20 minute neighbourhoods and Policy 16 Quality homes were identified by
the planners during the assessment period, and neither were offered as justification for refusal for
obvious reasons.
Policy 17 Rural homes, which given the environment Biggar is located is appropriate as there is a
population of only 2,650 and is classified as a remoter rural area as the nearest town over 10,000
population is Carluke 35 minutes away (Lanark population - 9,100 and Peebles population - 8,200).
Policy 17 encourage sustainable development within the settlement boundary as the development
site is.
Policy 18 Infrastructure First. The infrastructure is in place reducing carbon emissions and waste.
One primary reason for a private sewage system is to reduce infrastructure works, although the
opportunity is there to connect to the public system if the Planning Authority apply the appropriate
condition. 
Policy 21 Play, recreation, and sport. The policy intent is to encourage, promote and facilitate space
and opportunities for play, recreation, and sport. On the edge of one of the best public parks in
South Lanarkshire for using the natural contours of the land then add the rolling Border hills
including nearby Lanarkshire’s highest hill Culter Fell at 748m. The application site is wonderfully
located to benefit from health and wellbeing. 
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Land at Mill Road, Biggar | DTA   
Conclusion
The site should be approved for strictly planning policy reasons outlined in this statement.
The reasons for refusal were inconsistent with previous approvals and misinterpretation of policies.
It has been stressed and requested the appeals committee should visit the site and assess this on its
location within the town and the surrounding environment. Given the impacted NPF 4 has had on
housing in the rural area small site like this within the settlement boundary are critical to provide
much needed housing. We are confident you will reach the conclusion why this site was ever
deemed for refusal by delegated means.
Please visit the site without interference and reach your own conclusions, we cannot be more open
and transparent. 
END.
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WEST ELEVATION NORTH ELEVATIONEAST ELEVATIONSOUTH ELEVATION
Bed 2
w
Bed 1
w
St. St.
Utility
E/S
Kitchen
Bath
Lobby
Living
GROUND FLOOR
NOTES
1. Do NOT scale from this drawing.
2. All dimensions to be confirmed
by the Contractor by site measure
prior to work commencing, or
fabrication or ordering of any
components.
3. In the case of any discrepancy,
always refer to the Architect.
Date By Scale
Autocad Reference
Drawing No
Job No
Rev
Title
Project
Client
Size
A2
©2024
D
D E S I G N   T E C H N I C A L
9 M O N T G O M E R Y S T R E E T
T H E V I L L A G E
E A S T K I L B R I D E
G L A S G O W
G 7 4 4 J S
T E L  0 1 3 5 5 2 6 0 9 0 9
H E L L O D T A . S C O T
COPYRIGHT OF DTA
A R C H I T E C T U R E
T A
Mr & Mrs Wyllie
Proposed Dwelling
Mill Road, Biggar
Proposed
W73.02
L(2-)01 A
Mar 24 GM AS
02m 2m 4m 6m 8m 10m
1:100
0 1m 2m 3m 4m 5m1m
1:50
ELEMENT MATERIAL COLOUR
Roof : Concrete Tiles Smooth Grey
External walls : Acrylic polymer render White
: Natural stone
Windows / Doors    Polyester powder coated composite windows Timber/Grey
Gutters & RWP uPVC Grey
Facias & Soffits uPVC Grey
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FB
Museum
Biggar
Mill
Greenhill
Farmhouse
ROAD
ROW
HEAD
Mill Cottage
TERRACE
BIGGAR MILL
35
87
6
4
Rowhead Court
Rowhead Cottage
6
33
TERRACE
Path
(um
)
ROAD
BIGGAR
MILL
Visibility
Splay 2x43m
24
17
6
42 11
1
1822
16
10
2
8
3
115
MCALPINE AVENUE
20
WCLOUNGE
STUDY
St
UTILITY
DININ G
KITCHEN
LIVING
Planning Approval
P/21/0815
WCLOUNGE
STUDY
St
UTILITY
DININ G
KITCHEN
LIVING
Planning Approval
P/21/0815
Planning Approval
P/23/1387
Mr & Mrs Wyllie
Proposed Dwelling
Mill Road, Biggar
Location Plan
W73.02
L(0-)01
Mar 24 GM 1:1250
0 50m25m25m 75m 100m 125m
1:1250
Client
Project
Title
Rev
Job No
Drawing No
Autocad Reference
ScaleByDate
NOTES
1. Do NOT scale from this drawing.
2. All dimensions to be confirmed by
the Contractor by site measure prior
to work commencing, or fabrication or
ordering of any components.
3. In the case of any discrepancy,
always refer to the Architect.
Size
A3
©2024
9 M O N T G O M E R Y S T R E E T
T H E V I L L A G E
E A S T K I L B R I D E
G L A S G O W
G 7 4 4 J S
T E L : 0 1 3 5 5 2 6 0 9 0 9
H E L L O @D T A . S C O T
COPYRIGHT OF DTA
D
D E S I G N   T E C H N I C A L
A R C H I T E C T U R E
T A
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14427
18458
NOTES
1. Do
NOT
scale
from
this drawing.
2. All dim
ensions to
be confirm
ed
by
the
Contractor by site
m
easure
prior to
work
com
m
encing, or
fabrication
or ordering
of any
com
ponents.
3. In
the
case
of any discrepancy,
always refer to
the
Architect.
Date
By
Scale
Autocad
Reference
Drawing
No
Job
No
Rev
Title
Project
Client
Size
A2
©2024
DD
E
S
I G
N  
T
E
C
H
N
I C
A
L
9
M
O
N
TG
O
M
ERY
STREET
THE
V
ILLA
G
E
EA
ST
KILBRID
E
G
LA
SG
O
W
G
74
4
JS
TEL 
0
1355
260
90
9
HELLO
D
TA
.SC
O
T
COPYRIGHT
OF
DTA
A
R
C
H
I T
E
C
T
U
R
E
T
A
Mr &
Mrs W
yllie
Proposed
Dwelling
Mill Road, Biggar
Proposed
Levels Survey
W
73.02
L(0-)03
Aug
24
GM
1:250
0
15m
25m
5m
5m
10m
20m
1:250
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Further Representations 
Further Representation From
 G Travers by email 
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 6  4h
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From:
To: McLeod, Stuart
Subject: Re: Planning Local Review Body - P/24/0361 – Land at Mill Road, Biggar
Date: 29 October 2024 12:16:27
Dear Stuart,
With reference to Notice of Review of Planning Application P/24/0361, I wish to register
my concerns on the points they have raised on their appeal.
When the planning for the 4 new houses along Mill Road were approved the applicant was
specifically told by planning that no house would be allowed to be built there. This has
also been told again on 30 August 2024.
As stated the site and area are contrary to a pleasant environment and WILL overlook and
over-shadow my property.
This is of no benefit to McAlpine Avenue (Court?) whatsoever.
I am in full support of the planning refusal and the reasons why.
Yours sincerely,
Gillian Travers
Rowhead Farm
Biggar Mill Road
Please confirm receipt of this email.
Sent from my iPad :-)

4h
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Page 1 of 2 
Date: 30 October 2024
Town and Country Planning (Schemes of Delegation and Local Review Procedure)
(Scotland) Regulations 2013
Planning Local Review Body: Planning Appeal Response
Proposal: Erection of single-storey dwellinghouse
Applicant:
Site address:
Mr And Mrs Wyllie
Land at Mill Road, Biggar, ML12 6LY 
Application no: P/24/0361
In respect of the Statement of Case for this Notice of Review, the report of handling associated
with application P/24/0361 provides a detailed assessment of all material planning
considerations associated with this appeal and the Planning Service requests that this
document is referred to in terms of the Notice of Review. Furthermore, in response to the
Appellants submission, we would offer the following:
1. The appeal statement questions the qualities of a successful places which form
the basis of some of the polices given as reasons for refusal. The principles of
successful places are key considerations in both the South Lanarkshire Local
Development Plan 2 and National Planning Framework 4. As justified in the report of
handling, back land development does not contribute to successful placemaking. While
the qualities of successful places are summarised as 6 words (healthy, pleasant,
connected, distinctive, and sustainable), they concern many elements of place. For
example, healthy includes passive surveillance and a sense of belonging and identity
in the community which a back land house cannot achieve. The qualities of successful
places are given in Annex D of National Planning Framework 4. 
2.  The appeal statement gives examples of other approved dwellinghouses. Each
proposal and site must be considered on its own merits. Nonetheless, the exampled
sites do not present the same characteristics as the appeal site. These sites were
adjacent to public open space within settlements or part of a larger housing scheme
which included a small cul-de-sac.  The appeal site is bound on three sides by the rear
gardens of existing dwellings (one under construction), and the west boundary by an
agricultural field that is out with the settlement. It has no frontage onto a road or public
open space.
3. The appeal statement declares that Biggar is not a general urban area but a rural
area and that the wrong policies have been considered. The development plan is
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Page 2 of 2 
independent of the Scottish Government Urban Rural Classification 2020 however, it
may be considered during the preparation of the development plan. Biggar is defined
as a settlement within the adopted South Lanarkshire Local Development Plan 2.
Therefore, Policy 3 – General Urban Areas of the South Lanarkshire Local
Development Plan 2 is a material consideration. Policy 17 – Rural homes of National
Planning Framework 4 is not relevant within a settlement boundary. In any case, Policy
16 – Quality homes, the relevant National Planning Framework 4 housing policy within
settlements was not given as a reason for refusal as the proposal primarily fails to
comply with the development plan in terms of layout and siting due to its back land
position. The principle of residential development is generally supported within
settlements.
4. The appeal statement questioned the need to include Policy DM16 – Foul
Drainage/Sewage Provision of the South Lanarkshire Local Development Plans
2 and stated that private systems are advantageous in minimising constraints
on the public sewer. It also promotes Policy 18 – Infrastructure first of National
Planning Framework 4 in support of this position.  It is a legal requirement for any
building to connect to the public sewer when it is available unless there are significant
technical constraints. This is reflected in the polices of the development plan. The
application proposed private waste water drainage however Scottish Water confirmed
the availability of a sewer in their consultation response. The applicant was given an
opportunity to address this matter but failed to do so in the amended submission hence
the reason for refusal. Furthermore, Policy 18 does not apply to single house
developments; it concerns large scale infrastructure development.
Overall, the appeal statement does not provide sufficient justification to overturn the reasons
for refusal. The application was refused consent primarily as it represented ‘back land’
development, and the proposed house would not have a proper road frontage comparable to
neighbouring houses. The Council has taken a consistent approach in terms of its
interpretation of the development plan and its supplementary guidance on ‘back land’
development. The South Lanarkshire Council Local Review Body has dismissed several
notices of review in relation to such proposals. Whilst each application/site must be determined
on its individual merits, this clearly shows that the policy approach taken on application
P/24/0361 is consistent with how South Lanarkshire Council has applied the development plan
on other sites. Accordingly, it is therefore respectfully requested that the Review Body upholds
the decision to refuse the application given the above and the assessment and conclusions
section in the report of handling previously lodged.
94