Agenda Document Pack - Planning Local Review Body - 02/10/2023

South Lanarkshire Council · 2 October 2023
Back to Planning Local Review Body — 2 October 2023 and its agenda

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Council Offices, Almada Street        
Hamilton, ML3 0AA 
Friday, 22 September 2023 
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 October 2023
Time:  10:30
Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton,
ML3 0AA 
The business to be considered at the meeting is listed overleaf. 
Yours sincerely 
Cleland Sneddon
Chief Executive 
Members 
Richard Nelson (Chair), Gerry Convery (Depute Chair), Alex Allison, Colin Dewar, Gladys
Ferguson-Miller, Elise Frame, Mark Horsham, Lesley McDonald, Norman Rae, Graham Scott 
Substitutes
Robert Brown, Maureen Devlin, Grant Ferguson, Alistair Fulton, Graeme Horne, Ross Lambie,
Monique McAdams, Ian McAllan, Kenny McCreary, Davie McLachlan
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BUSINESS 
1 Declaration of Interests 
2 Minutes of Previous Meeting
Minutes of the Planning Local Review Body held on 4 September 2023
submitted for approval as a correct record.  (Copy attached) 
3 - 6 
Item(s) for Decision 
3 Review of Case - P/23/0413 for Ancillary Accommodation to Rear Garden
at 67 School Road Sandford, Strathaven
Report dated 21 September 2023 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
7 - 10 
3a  Appendix 1 Planning Application Form  11 - 20 
3b  Appendix 2 Report of Handling  21 - 28 
3c  Appendix 3 Site Photographs and Location Plan  29 - 38 
3d  Appendix 4 Planning Decision Notice and Reasons for Refusal  39 - 46 
3e  Appendix 5 Notice of Review  47 - 84 
Urgent Business 
4 Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING LOCAL REVIEW BODY (PLRB) 
Minutes of meeting held via Confero and in Committee Room 1, Council Offices, Almada Street,
Hamilton on 4 September 2023 
Chair:
Councillor Richard Nelson 
Councillors Present:
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Colin Dewar, Councillor
Gladys Ferguson-Miller, Councillor Lesley McDonald, Councillor Davie McLachlan (substitute for
Councillor Graham Scott), Councillor Norman Rae 
Councillors' Apologies:
Councillor Elise Frame, Councillor Mark Horsham, Councillor Graham Scott 
Attending
Community and Enterprise Resources
J Wright, Planning Adviser to the Planning Local Review Body
Finance and Corporate Resources
M Cannon, Legal Adviser to the Planning Local Review Body; S Jessup, Administration Assistant; S
McLeod, Administration Officer 
1 Declaration of Interests 
No interests were declared. 
2 Minutes of Previous Meeting 
The minutes of the meeting of the Planning Local Review Body held on 7 August 2023 were
submitted for approval as a correct record. 
The Committee decided: that the minutes be approved as a correct record. 
3 Review of Case – Application P/22/1355 for Change of Use of Agricultural Land to
Private Garden Ground at Ard Taigh, Kilbank Road, Kirkfieldbank, Lanark 
A report dated 25 August 2023 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/22/1355 by S
Davies for the change of use of agricultural land to private garden ground at Ard Taigh, Kilbank
Road, Kirkfieldbank, 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
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 submission from Planning and Regulatory Services following notification of the request for
the review of the case
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The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The PLRB 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 taken under review. 
In reviewing the case, the PLRB considered:- 
 the information submitted by all parties
 the relevant policies contained in the adopted South Lanarkshire Local Development Plan
2:-
 Policy 4 – Green Belt and Rural Area
 Policy 5 – Development Management and Placemaking
 Policy NHE16 – Landscape
 the relevant policy contained in the National Planning Framework 4 which had been
adopted on 13 February 2023 and formed part of the statutory development plan:-
 Policy 17 – Rural Homes 
Following its review of the information and after discussion, the PLRB concluded that there was
adequate justification in terms of Policies 4, 5 and NHE16 of the adopted South Lanarkshire
Local Development Plan 2 and Policy 17 of the National Planning Framework 4 for the
application to be granted on the grounds that the proposal was not contrary to the development
plan.  The PLRB then considered an appropriate condition to be attached to the planning
consent. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/22/1355 by S Davies for the change of use of
agricultural land to private garden ground at Ard Taigh,
Kilbank Road, Kirkfieldbank, Lanark be reversed and that
planning permission be granted for the proposal subject to
the condition specified by the PLRB, attached as Appendix
1 to this minute. 
4 Urgent Business 
There were no items of urgent business. 
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Application P/22/1355 - Condition and Reason               Appendix 1 
Change of Use of Agricultural Land to Private Garden Ground at Ard Taigh, Kilbank Road,
Kirkfieldbank, Lanark 
1. The development to which this permission relates shall be begun no later than the expiration
of three years beginning with the date of grant of this decision notice. 
Reason: To comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997
(as amended). 
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 2 October 2023
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/23/0413 for Ancillary
Accommodation to Rear Garden at 67 School Road,
Sandford, Strathaven 
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 Permission 
Applicant: Mr and Mrs Kirkeiner 
Proposal: Ancillary Accommodation to Rear Garden
Location:   67 School Road, Sandford, Strathaven, ML10 6BF
Council Area/Ward: 5 Avondale and Stonehouse 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal) 
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to
determine the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the
review, consider:- 
(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
[1recs]
3
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3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred
to Area Committees or the Planning Committee for a decision.
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body.
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for
requiring a review of the determination in respect of their application. (Refer
Appendix 5)
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as
follows:-
Further written submissions Site inspection
Hearing session(s) X Assessment of review documents
only, with no further procedure
4.3. However, members will be aware that it is for the Planning Local Review Body to
determine how a case is reviewed.
5. Information Available to Allow Review of Application
5.1. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties to
introduce new material at the review stage. The focus of the review should,
therefore, be on the material which was before the officer who dealt with the
application under the Scheme of Delegation.
5.2. The following information is appended to this report to assist the Planning Local
Review Body in its review of the decision taken by officers:-
 Planning Application Form (Appendix 1)
 Report of Handling by the Planning Officer under the Scheme of Delegation
(Appendix 2)
 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. A representation was received, a Statement of Observations from the Planning
Officer on the applicant’s Notice of Review, however, this was received outwith the
requisite 14 day period from the date on which notification of the request for a review
of the case was given.  The applicant’s agent has objected to the late representation. 
Consequently, the Planning Officer’s representation has not been included in the
submissions to the Planning Local Review Body. 
Paul Manning
Executive Director (Finance and Corporate Resources) 
21 September 2023 
Link(s) to Council Values/Ambitions/Objectives
 Work with communities and partners to promote high quality, thriving and sustainable 
communities
 Accountable, effective, efficient and transparent 
Previous References
 None 
List of Background Papers
 Guide to the Planning Local Review Body 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:
Stuart McLeod, Administration Officer
Ext:  4815 (Tel:  01698 454815 / 07385 370 117)
E-mail: stuart.mcleod@southlanarkshire.gov.uk
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Planning Application Form 
Appendix 1  3a
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Page 1 of 7
Floor 6, Council Offices Almada Street Hamilton ML3 0AA Tel: 0303 123 1015 Email: planning@southlanarkshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100623725-001
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
Ancillary accommodation to rear garden
3a
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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: *
Andrew Megginson Architecture
Other
Mr/ Mrs
Andrew
/
Megginson
Kirkeiner
128 Dundas Street
School Road
67
Andrew Megginson Architecture
0131 557 9129
EH3 5DQ
ML10 6BF
Scotland
Scotland
Edinburgh
Sandford
New Town
andrew@andrewmegginsonarchitecture.com
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Page 3 of 7
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
67 SCHOOL ROAD
351.00
Residential
South Lanarkshire Council
SANDFORD
STRATHAVEN
ML10 6BF
642993 272235
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Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Are you proposing to connect to the public drainage network (eg. to an existing sewer)? *
  Yes – connecting to public drainage network
  No – proposing to make private drainage arrangements
  Not Applicable – only arrangements for water supply required
Do your proposals make provision for sustainable drainage of surface water?? *  Yes   No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
2
2
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If Yes or No, please provide further details: * (Max 500 characters)
Residential Units Including Conversion
Does your proposal include new or additional houses and/or flats? *  Yes  No
All Types of Non Housing Development – Proposed New Floorspace
Does your proposal alter or create non-residential floorspace? *  Yes  No
Schedule 3 Development
Does the proposal involve a form of development listed in Schedule 3 of the Town and Country  Yes  No  Don’t Know
Planning (Development Management Procedure (Scotland) Regulations 2013 *
If yes, your proposal will additionally have to be advertised in a newspaper circulating in the area of the development. Your planning
authority will do this on your behalf but will charge you a fee. Please check the planning authority’s website for advice on the additional
fee and add this to your planning fee.
If you are unsure whether your proposal involves a form of development listed in Schedule 3, please check the Help Text and Guidance
notes before contacting your planning authority.
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes  No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes  No
Is any of the land part of an agricultural holding? *  Yes  No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Provision as existing
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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: Andrew Megginson
On behalf of: Mr/ Mrs / Kirkeiner
Date: 31/03/2023
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes   No   Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes   No   Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes   No   Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
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g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Andrew Megginson
Declaration Date: 31/03/2023
Payment Details
Online payment: IDOX00011794
Payment date: 31/03/2023 14:48:00
Created: 31/03/2023 14:48
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Report of Handling 
Report dated 28 June 2023 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2  3b
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Reference no. P/23/0413
Delegated Report   
Date 28 June 2023 
Planning proposal: Ancillary accommodation to rear garden  
Location:  67 School Road, Sandford, Strathaven, ML10 6BF 
Application
Type : 
Detailed planning application   
Applicant :  Mr/ Mrs Kirkeiner 
Location :   67 School Road, Sandford, Strathaven, ML10
6BF 
Decision: 
Other
action/notes:     
Application refused 
(1) None 
Report by: Area Manager (Planning & Building Standards) 
Policy reference:  
National Planning Framework 4 (adopted 2023)  
Policy 1: Tackling the Climate and Nature Crises  
Policy 2: Climate Mitigation and Adaptation  
Policy 16: Quality Homes 
South Lanarkshire Local Development Plan 2 (adopted 2021)  
Policy 2:  Climate change  
Policy 3: General Urban Areas  
Policy 5: Development Management and Placemaking  
Policy DM2: House Extensions and Alterations
Policy DM5: Extended Family Accommodation 
Assessment
Impact on privacy? Yes
Impact on sunlight/daylight? No
Impact on amenity? Yes
Traffic issues? No
Adheres to development plan policy? No
Adverse comments from consultees? No 
Consultations Summary of response 
No Consultations Required 
Representation(s): 
► 0 Objection letters
► 0 Support letters
► 0 Comment letters 
3b
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Planning Application Delegated Report 
1 Application Summary 
1.1 The applicant seeks planning permission for the erection a detached single storey
ancillary dwelling in the rear garden of 67 School Road, Sandford, Strathaven. The
property is an end terrace dwelling house of a three in a row Terrance and application site
is located within an established residential area.
1.2 The proposed ancillary dwelling would provide additional domestic space for visitors to
the applicant property. The use would be for visitors and not have any commercial use.
The detached structure would have self-contained kitchen, WC, Living room and
bedroom. The new WC will be connected to existing infrastructure supplied to the main
building. The structure would measure 5m in width, 7m in length and 3.1m in height. The
new roof will be flat with a slight slope to the east, 3.1m on the west elevation and 2.9m to
the east. 
1.3 The materials and structure for the detached ancillary dwelling would not be uncommon
for a proposal in the rear curtilage. The walls will be lined in a grey uPVC timber panel
cladding. The gutters and down pipes will be grey and the flat roof is a grey membrane
with a slight angle from west to east, to allow surface water to slip off the roof. The grey
aluminium windows will be located to the north elevation and the south elevation of the
property. The south elevation will have approx. 2.6m wide by 2.2m double door patio
entrance with one tall window either side of the door. This is to allow light into the living
space. The north elevation will have two windows installed - one frosted window in the
bathroom approx. 600mm wide by 900mm high - and the other window within the
bedroom approx. 1m wide by 900mm high.
1.4  The property is in the end of a three house terrace and next to a detached house. The
rear gardens of each property are approx. 6m wide by 26m in length with 1.8 high fences
between the boundaries. The topography of the rear curtilage means that the backs of the
gardens are raised to a considerable height. The garden slopes from south upwards to
the northern end. The heights of the end of the gardens are level with the rear back
windows of the neighbouring properties. This also allows sightlines over the neighbouring
fences due to the change in levels. 
2 Representation(s) 
2.1 Statutory neighbour notification was undertaken in respect of this application, and no
letters of representation has been received because of this publicity. No formal
consultation was required to be undertaken in respect of this proposal. 
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 the South
Lanarkshire Local Development Plan 2 (adopted 9th April 2021) and National Planning
Framework 4 (adopted on 13th February 2023). Section 24(3) of the 1997 Act confirms
that if there is an inconsistency between NPF4 policies and a Local Development Plan
which was adopted before the 13th of February 2023, then the policies in NPF4 prevail. 
3.2 The determining issues in consideration of this application are its compliance with
National Planning framework 4, local development plan policy and its impact on the
amenity of surrounding properties. The application site is located within a residential area
where policy 16 of NPF4 and policies 3, 5 and DM2 of the SLLDP2 are applicable. These
policies seek to make a positive contribution to the character and appearance of the
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environment in which they are located, taking account of, and being integrated with the
local context and built form.
3.3 Policies 1 and 2 of NPF4 identify that development shall take account of the global
climate and nature crises; and that development should minimise emissions and be
adapted to take account of current and future climate risks. Policy 2 of the LDP2 identifies
that all developments should seek to minimise and mitigate against the effects of climate
change.
3.4 As per the guidance detailed in the letter from the Chief Planner dated 08/02/2023, it is
considered that Policy 2 of the NPF4 is not a key consideration for householder
applications. As such, a quantitative assessment of emissions is not required for a
planning application of this scale. We would also note that the proposed materials, and
their energy performance, will in due course be considered as part of the Scottish Building
Standards process. In summary, the proposed development is not considered to raise any
issues with regards to Policies 1 and 2 of NPF4 and Policy 2 of South Lanarkshire LDP2.
3.5 Policy 16 of National Planning Framework 4 advises that householder development
proposals will be supported where they;
i. Do not have a detrimental impact on the character or environmental quality of the
home and the surrounding area in terms of size, design and materials; and
ii. Do not have a detrimental effect on the neighbouring properties in terms of
physical impact, overshadowing or overlooking.
3.6 Policies 3, 5, DM2 and DM5 of the LDP2 together seek to ensure that all new
householder developments are appropriate for the site and its setting, and would be of a
high-quality design, which would not result in any adverse amenity impacts. Development
at a Dwellinghouse Supporting Planning Guidance states that consideration should be
given to the orientation of the structure to minimise noise disturbance and overlooking to
neighbouring properties. Not adversely affect neighbours by overshadowing or
overlooking their property.
3.7 The principal use of the proposed structure would be for a separate self-contained
dwelling for visiting family members in the form of a one-bedroom unit being ancillary to
the property. This could still be achieved in the form of a rear single-story extension which
would not result in overlooking for the neighbouring properties. The proposal is contrary to
the South Lanarkshire Local Development Plan 2 and the relevant supporting guidance -
Development at a Dwellinghouse for ancillary detached buildings which states a
development should not adversely affect neighbours by overlooking their property. The
guidance also says extensions should not result in a significant loss of privacy to
neighbouring houses or their garden ground. The distance between windows of directly
facing habitable rooms should be 18 metres. In this instance, the distance between
neighbouring windows will be around 17 metres.
3.8 In general, ancillary structures are a common form of householder development. The
proposed structure is of a modern design with the proposed materials would not conflict
with the existing property and surrounding built form. The extension is of a size, scale or
design that would not appear out of character within the context of the dwellinghouse or
wider area. Due to the elevated positioning and close proximity to the neighbouring
property approx. 17m from the existing property rear wall and the neighbouring property
to the front of the new structure. This would lead to a negative impact on the local amenity
as the structure would adversely affect neighbours by overlooking their property. The
extension level of overlooking and loss of privacy would not be unacceptable. The
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windows on the south elevation would have direct sightlines into neighbouring properties
rear first floor windows. This is due to the difference in levelling on site which is
considerably raised above the ground level at the rear of the main property. The ground
slopes upwards towards the north of the rear curtilage. The impact on privacy for
residential will be greater than other structures of a similar size and style due to the nature
of the use as this structure will be used as a self-contained home rather than a summer
house or shed.   
3.9 Due to the setting and design, the development would significantly adversely affect
adjacent properties in terms of overlooking, loss of privacy and amenity. As a result, the
proposal conflicts with policy 16 of the National Planning Framework 4 (adopted 2023)
and policies 3, 5, DM2 and DM5 the Local Development Plan 2 (adopted 2021). 
4 Reason for decision 
4.1 The proposal conflicts with 16 of the National Planning Framework 4 (adopted 2023) and
Policies 3, 5, DM2 and DM5 of the Local Development Plan 2 (adopted 2021) and will
result in a detrimental impact on either overlooking, loss of privacy, visual or residential
amenity. 
Delegating officer:   Iain Morton 
Date: 29 June 2023 
Previous references
 None   
List of background papers
► Application Form
► Application Plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Stuart Connolly, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Phone: 07385516139   
Email: stuart.connolly@southlanarkshire.gov.uk
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Planning Application
Application number:  P/23/0413 
Reasons for refusal 
01. The proposed extension is contrary to Policy 16 of the National Planning Framework 4
(adopted 2023) in that it does not conform to the scale, design, or character of the original
building on the site or the surrounding built form and would therefore be detrimental to the
amenity of the area in general. 
02. The proposal is contrary to policies 3, 5, DM2 & DM5 of the South Lanarkshire Local
Development Plan 2 (adopted 2021) in that it would have a detrimental impact on the
amenity of neighbouring properties due to a loss of privacy.
Reason(s) for decision
The proposal conflicts with 16 of the National Planning Framework 4 (adopted 2023) and
Policies 3, 5, DM2 and DM5 of the Local Development Plan 2 (adopted 2021) and will
result in a detrimental impact in terms of overlooking, loss of privacy, visual and
residential amenity. 
Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
PROPOSALS B Refused  
LOCATION PLAN B Refused   
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Site photographs and location plan 
Appendix 3  3c
29

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Page 31

Photo 1  
3c
31

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Photo 2  
32

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Photo 3 
 
33

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Photo 4 
34

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Photo 5 
35

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3c
37

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Planning Decision Notice and Reasons for Refusal 
Appendix 4  3d
39

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Page 41

Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Email stuart.connolly@southlanarkshire.gov.uk Phone: 07385516139
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services
Our Ref: P/23/0413
Your Ref:
If calling ask for: Stuart Connolly
Andrew Megginson
Andrew Megginson Architecture
Andrew Megginson Architecture
128 Dundas Street
New Town
Edinburgh
EH3 5DQ
Date: 4 July 2023
Dear Sir/Madam
Proposal: Ancillary accommodation to rear garden
Site address: 67 School Road, Sandford, Strathaven, ML10 6BF,
Application no: P/23/0413
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused.
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal.
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact Stuart Connolly on 07385516139
Yours faithfully
Head of Planning and Regulatory Services
Enc:
3d
41

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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006
To: Mr And Mrs Kirkeiner Per: Andrew Megginson
67 School Road, Sandford,
Strathaven, ML10 6BF,
Andrew Megginson
Architecture, 128 Dundas
Street, New Town,
Edinburgh, EH3 5DQ,
With reference to your application received on 31.03.2023 for planning permission under the
above mentioned Act:
Description of proposed development:
Ancillary accommodation to rear garden
Site location:
67 School Road, Sandford, Strathaven, ML10 6BF,
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: 4th July 2023
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/23/0413
42

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South Lanarkshire Council
Refuse planning permission
Paper apart - Application number: P/23/0413
Reason(s) for refusal:
01. The proposed extension is contrary to Policy 16 of the National Planning Framework 4
(adopted 2023) in that it does not conform to the scale, design, or character of the original
building on the site or the surrounding built form and would therefore be detrimental to the
amenity of the area in general.
02. The proposal is contrary to policies 3, 5, DM2 & DM5 of the South Lanarkshire Local
Development Plan 2 (adopted 2021) in that it would have a detrimental impact on the
amenity of neighbouring properties due to a loss of privacy.
Reason(s) for decision
The proposal conflicts with 16 of the National Planning Framework 4 (adopted 2023) and Policies
3, 5, DM2 and DM5 of the Local Development Plan 2 (adopted 2021) and will result in a
detrimental impact in terms of overlooking, loss of privacy, visual and residential amenity.
43

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Notes to applicant
Application number: P/23/0413
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
PROPOSALS B Refused
LOCATION PLAN B Refused
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COMMUNITY AND ENTERPRISE RESOURCES
Executive Director David Booth
Planning and Economic Development
Important notes
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 (Corporate Resources)
Council Headquarters
Almada Street
Hamilton
ML3 0AA
To obtain the appropriate forms:
Administrative Services at the above address.
Telephone: 01698 454108
E-mail:  pauline.macrae@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.
45

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Page 47

Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant Mr and Mrs
Kirkeiner 
Appendix 5  3e
47

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Page 49

3e
49

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Page 51

Page 52

Page 53

Page 54

Page 55

Page 56

Page 2 of 7
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Andrew Megginson Architecture
Other
Mr/ Mrs
Andrew
/
Megginson
Kirkeiner
128 Dundas Street
School Road
67
Andrew Megginson Architecture
0131 557 9129
EH3 5DQ
ML10 6BF
Scotland
Scotland
Edinburgh
Sandford
New Town
andrew@andrewmegginsonarchitecture.com
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Page 3 of 7
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
67 SCHOOL ROAD
351.00
Residential
South Lanarkshire Council
SANDFORD
STRATHAVEN
ML10 6BF
642993 272235
57

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Page 4 of 7
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
How many vehicle parking spaces (garaging and open parking) currently exist on the application
Site?
How many vehicle parking spaces (garaging and open parking) do you propose on the site (i.e. the
Total of existing and any new spaces or a reduced number of spaces)? *
Please show on your drawings the position of existing and proposed parking spaces and identify if these are for the use of particular
types of vehicles (e.g. parking for disabled people, coaches, HGV vehicles, cycles spaces).
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Are you proposing to connect to the public drainage network (eg. to an existing sewer)? *
  Yes – connecting to public drainage network
  No – proposing to make private drainage arrangements
  Not Applicable – only arrangements for water supply required
Do your proposals make provision for sustainable drainage of surface water?? *  Yes   No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
Waste Storage and Collection
Do the plans incorporate areas to store and aid the collection of waste (including recycling)? *  Yes   No
2
2
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Page 6 of 7
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Andrew Megginson
On behalf of: Mr/ Mrs / Kirkeiner
Date: 31/03/2023
 Please tick here to certify this Certificate. *
Checklist – Application for Planning Permission
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Please take a few moments to complete the following checklist in order to ensure that you have provided all the necessary information
in support of your application. Failure to submit sufficient information with your application may result in your application being deemed
invalid. The planning authority will not start processing your application until it is valid.
a) If this is a further application where there is a variation of conditions attached to a previous consent, have you provided a statement to
that effect? *
 Yes   No   Not applicable to this application
b) If this is an application for planning permission or planning permission in principal where there is a crown interest in the land, have
you provided a statement to that effect? *
 Yes   No   Not applicable to this application
c) If this is an application for planning permission, planning permission in principle or a further application and the application is for
development belonging to the categories of national or major development (other than one under Section 42 of the planning Act), have
you provided a Pre-Application Consultation Report? *
 Yes   No   Not applicable to this application
Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
d) If this is an application for planning permission and the application relates to development belonging to the categories of national or
major developments and you do not benefit from exemption under Regulation 13 of The Town and Country Planning (Development
Management Procedure) (Scotland) Regulations 2013, have you provided a Design and Access Statement? *
 Yes   No   Not applicable to this application
e) If this is an application for planning permission and relates to development belonging to the category of local developments (subject
to regulation 13. (2) and (3) of the Development Management Procedure (Scotland) Regulations 2013) have you provided a Design
Statement? *
 Yes   No   Not applicable to this application
f) If your application relates to installation of an antenna to be employed in an electronic communication network, have you provided an
ICNIRP Declaration? *
 Yes   No   Not applicable to this application
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Page 7 of 7
g) If this is an application for planning permission, planning permission in principle, an application for approval of matters specified in
conditions or an application for mineral development, have you provided any other plans or drawings as necessary:
  Site Layout Plan or Block plan.
  Elevations.
  Floor plans.
  Cross sections.
  Roof plan.
  Master Plan/Framework Plan.
  Landscape plan.
  Photographs and/or photomontages.
  Other.
If Other, please specify: *  (Max 500 characters)
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Andrew Megginson
Declaration Date: 31/03/2023
Payment Details
Online payment: IDOX00011794
Payment date: 31/03/2023 14:48:00
Created: 31/03/2023 14:48
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Page 63

Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Email stuart.connolly@southlanarkshire.gov.uk Phone: 07385516139
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services
Our Ref: P/23/0413
Your Ref:
If calling ask for: Stuart Connolly
Andrew Megginson
Andrew Megginson Architecture
Andrew Megginson Architecture
128 Dundas Street
New Town
Edinburgh
EH3 5DQ
Date: 4 July 2023
Dear Sir/Madam
Proposal: Ancillary accommodation to rear garden
Site address: 67 School Road, Sandford, Strathaven, ML10 6BF,
Application no: P/23/0413
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at https://publicaccess.southlanarkshire.gov.uk/online-applications/
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused.
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal.
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact Stuart Connolly on 07385516139
Yours faithfully
Head of Planning and Regulatory Services
Enc:
PLEASE NOTE THIS APPEARS IN THE PAPERS AT APPENDIX 4
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006
To: Mr And Mrs Kirkeiner Per: Andrew Megginson
67 School Road, Sandford,
Strathaven, ML10 6BF,
Andrew Megginson
Architecture, 128 Dundas
Street, New Town,
Edinburgh, EH3 5DQ,
With reference to your application received on 31.03.2023 for planning permission under the
above mentioned Act:
Description of proposed development:
Ancillary accommodation to rear garden
Site location:
67 School Road, Sandford, Strathaven, ML10 6BF,
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: 4th July 2023
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/23/0413
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South Lanarkshire Council
Refuse planning permission
Paper apart - Application number: P/23/0413
Reason(s) for refusal:
01. The proposed extension is contrary to Policy 16 of the National Planning Framework 4
(adopted 2023) in that it does not conform to the scale, design, or character of the original
building on the site or the surrounding built form and would therefore be detrimental to the
amenity of the area in general.
02. The proposal is contrary to policies 3, 5, DM2 & DM5 of the South Lanarkshire Local
Development Plan 2 (adopted 2021) in that it would have a detrimental impact on the
amenity of neighbouring properties due to a loss of privacy.
Reason(s) for decision
The proposal conflicts with 16 of the National Planning Framework 4 (adopted 2023) and Policies
3, 5, DM2 and DM5 of the Local Development Plan 2 (adopted 2021) and will result in a
detrimental impact in terms of overlooking, loss of privacy, visual and residential amenity.
65

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Notes to applicant
Application number: P/23/0413
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
PROPOSALS B Refused
LOCATION PLAN B Refused
66

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COMMUNITY AND ENTERPRISE RESOURCES
Executive Director David Booth
Planning and Economic Development
Important notes
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 (Corporate Resources)
Council Headquarters
Almada Street
Hamilton
ML3 0AA
To obtain the appropriate forms:
Administrative Services at the above address.
Telephone: 01698 454108
E-mail:  pauline.macrae@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.
67

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Page 69

Reference no. P/23/0413
Delegated Report
Date 28 June 2023
Planning proposal: Ancillary accommodation to rear garden 
Location: 67 School Road, Sandford, Strathaven, ML10 6BF 
Application
Type : 
Detailed planning application
Applicant : Mr/ Mrs Kirkeiner 
Location :  67 School Road, Sandford, Strathaven, ML10
6BF 
Decision:
Other
action/notes:
Application refused
(1) None
Report by: Area Manager (Planning & Building Standards)
Policy reference:  
National Planning Framework 4 (adopted 2023)  
Policy 1: Tackling the Climate and Nature Crises  
Policy 2: Climate Mitigation and Adaptation  
Policy 16: Quality Homes  
South Lanarkshire Local Development Plan 2 (adopted 2021)  
Policy 2:  Climate change  
Policy 3: General Urban Areas  
Policy 5: Development Management and Placemaking  
Policy DM2: House Extensions and Alterations
Policy DM5: Extended Family Accommodation
Assessment
Impact on privacy? Yes
Impact on sunlight/daylight? No
Impact on amenity? Yes
Traffic issues? No
Adheres to development plan policy? No
Adverse comments from consultees? No
Consultations Summary of response
No Consultations Required
Representation(s):
► 0 Objection letters
► 0 Support letters
► 0 Comment letters
PLEASE NOTE THIS APPEARS IN THE PAPERS AT APPENDIX 2
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Planning Application Delegated Report 
1 Application Summary 
1.1 The applicant seeks planning permission for the erection a detached single storey
ancillary dwelling in the rear garden of 67 School Road, Sandford, Strathaven. The
property is an end terrace dwelling house of a three in a row Terrance and application site
is located within an established residential area.
1.2 The proposed ancillary dwelling would provide additional domestic space for visitors to
the applicant property. The use would be for visitors and not have any commercial use.
The detached structure would have self-contained kitchen, WC, Living room and
bedroom. The new WC will be connected to existing infrastructure supplied to the main
building. The structure would measure 5m in width, 7m in length and 3.1m in height. The
new roof will be flat with a slight slope to the east, 3.1m on the west elevation and 2.9m to
the east. 
1.3 The materials and structure for the detached ancillary dwelling would not be uncommon
for a proposal in the rear curtilage. The walls will be lined in a grey uPVC timber panel
cladding. The gutters and down pipes will be grey and the flat roof is a grey membrane
with a slight angle from west to east, to allow surface water to slip off the roof. The grey
aluminium windows will be located to the north elevation and the south elevation of the
property. The south elevation will have approx. 2.6m wide by 2.2m double door patio
entrance with one tall window either side of the door. This is to allow light into the living
space. The north elevation will have two windows installed - one frosted window in the
bathroom approx. 600mm wide by 900mm high - and the other window within the
bedroom approx. 1m wide by 900mm high.
1.4  The property is in the end of a three house terrace and next to a detached house. The
rear gardens of each property are approx. 6m wide by 26m in length with 1.8 high fences
between the boundaries. The topography of the rear curtilage means that the backs of the
gardens are raised to a considerable height. The garden slopes from south upwards to
the northern end. The heights of the end of the gardens are level with the rear back
windows of the neighbouring properties. This also allows sightlines over the neighbouring
fences due to the change in levels. 
2 Representation(s) 
2.1 Statutory neighbour notification was undertaken in respect of this application, and no
letters of representation has been received because of this publicity. No formal
consultation was required to be undertaken in respect of this proposal. 
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 the South
Lanarkshire Local Development Plan 2 (adopted 9th April 2021) and National Planning
Framework 4 (adopted on 13th February 2023). Section 24(3) of the 1997 Act confirms
that if there is an inconsistency between NPF4 policies and a Local Development Plan
which was adopted before the 13th of February 2023, then the policies in NPF4 prevail. 
3.2 The determining issues in consideration of this application are its compliance with
National Planning framework 4, local development plan policy and its impact on the
amenity of surrounding properties. The application site is located within a residential area
where policy 16 of NPF4 and policies 3, 5 and DM2 of the SLLDP2 are applicable. These
policies seek to make a positive contribution to the character and appearance of the
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windows on the south elevation would have direct sightlines into neighbouring properties
rear first floor windows. This is due to the difference in levelling on site which is
considerably raised above the ground level at the rear of the main property. The ground
slopes upwards towards the north of the rear curtilage. The impact on privacy for
residential will be greater than other structures of a similar size and style due to the nature
of the use as this structure will be used as a self-contained home rather than a summer
house or shed.   
3.9 Due to the setting and design, the development would significantly adversely affect
adjacent properties in terms of overlooking, loss of privacy and amenity. As a result, the
proposal conflicts with policy 16 of the National Planning Framework 4 (adopted 2023)
and policies 3, 5, DM2 and DM5 the Local Development Plan 2 (adopted 2021). 
4 Reason for decision 
4.1 The proposal conflicts with 16 of the National Planning Framework 4 (adopted 2023) and
Policies 3, 5, DM2 and DM5 of the Local Development Plan 2 (adopted 2021) and will
result in a detrimental impact on either overlooking, loss of privacy, visual or residential
amenity. 
Delegating officer:   Iain Morton 
Date: 29 June 2023 
Previous references
 None   
List of background papers
► Application Form
► Application Plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Stuart Connolly, Planning officer, Floor 6, Council Offices, Almada Street, Hamilton, ML3 0AA
Phone: 07385516139   
Email: stuart.connolly@southlanarkshire.gov.uk
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Planning Application
Application number:  P/23/0413 
Reasons for refusal 
01. The proposed extension is contrary to Policy 16 of the National Planning Framework 4
(adopted 2023) in that it does not conform to the scale, design, or character of the original
building on the site or the surrounding built form and would therefore be detrimental to the
amenity of the area in general. 
02. The proposal is contrary to policies 3, 5, DM2 & DM5 of the South Lanarkshire Local
Development Plan 2 (adopted 2021) in that it would have a detrimental impact on the
amenity of neighbouring properties due to a loss of privacy.
Reason(s) for decision
The proposal conflicts with 16 of the National Planning Framework 4 (adopted 2023) and
Policies 3, 5, DM2 and DM5 of the Local Development Plan 2 (adopted 2021) and will
result in a detrimental impact in terms of overlooking, loss of privacy, visual and
residential amenity. 
Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
PROPOSALS B Refused  
LOCATION PLAN B Refused   
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Page 75

SCHOOL ROAD
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SCHOOL ROAD
0 4 5m
0 1 2
3
4 5m
N
Side Elevation 1:50 Side Elevation 1:50Front Elevation 1:50Rear Elevation 1:50
Site Plan 1:200
Floor Plan 1:50
Doors/ Windows - Grey aluminium
Walls - Timber cladding
Rainwater Goods - Grey uPVC
Roof - Grey membrane
Proposed Materiality:
LIVING
BEDROOM
EN SUITE
DECKING
CLIENT
DRAWING
DRAWN
AM
DATE DRG NO REV
PROJECT
STATUS
JOB SCALE
AM 1588 /
for any inaccuracy in printing of this drawing by any parties.
receipt of a decision from the planning department and/ or the building standards department. AMA accepts no responsibility
obtain planning and/ or buidling standards permission and can only be used as a working drawing. AMA's liability ends upon
be read in conjuction with all other relevant building consultants drawings and information. This drawing was prepared to
checked on site prior to any works and ordering of materials, with any discrepancies reported immediately. Drawings should
This drawing and its data are property of AMA and should not be reproduced without written consent. All dimensions to be
New Town
Edinburgh
Tel: 0131 557 9129
megginsonarchitecture.com
Email: info@andrew
EH3 5DQProposals
00 2 4 6 8 10
1:200
Andrew Megginson Architecture
128 Dundas Street
1588-PL-01
Denotes application site
MAR 23 1:200/ 50 @ A0
0 1 2 3 4 50 1 2 3 4 5
1:50
PLANNING
Mr & Mrs Kirkeiner
Strathaven
Proposed Ancillary Accommodation to 67 School Road,
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SCHOOL ROAD
0 4 5m
18936
N
LIVING
BEDROOM
EN SUITE
DECKING
CLIENT
DRAWING
DRAWN
AM
DATE DRG NO REV
PROJECT
STATUS
JOB SCALE
AM 1588 /
for any inaccuracy in printing of this drawing by any parties.
receipt of a decision from the planning department and/ or the building standards department. AMA accepts no responsibility
obtain planning and/ or buidling standards permission and can only be used as a working drawing. AMA's liability ends upon
be read in conjuction with all other relevant building consultants drawings and information. This drawing was prepared to
checked on site prior to any works and ordering of materials, with any discrepancies reported immediately. Drawings should
This drawing and its data are property of AMA and should not be reproduced without written consent. All dimensions to be
New Town
Edinburgh
Tel: 0131 557 9129
megginsonarchitecture.com
Email: info@andrew
EH3 5DQ
00 2 4 6 8 10
1:200
Andrew Megginson Architecture
128 Dundas Street
1588-PL-02
Denotes application site
PLANNING
Mr & Mrs Kirkeiner
Strathaven
Proposed Ancillary Accommodation to 67 School Road,
JULY 23
Proposed Site Plan
1:200 @ A2
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Andrew Megginson Architecture
LRB Statement 
Application for Planning Permission for the Erection of ancillary
accommodation to the rear garden of 67 School Road, Sandford 
Date:  July 2023 
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Andrew Megginson Architecture
1.1 This LRB Statement has been prepared by Andrew Megginson Architecture, on behalf
of Mr & Mrs Kirkeiner, for planning permission for ancillary accommodation to garden ground
at 67 School Road.
1.2 We would firstly like to draw the Review Body’s attention to the following errors/
inconsistencies in the planning officer’s report;
- The walls will not be lined in a grey uPVC panel as noted by the planning officer but will be
natural timber cladding as noted and shown in our drawing 1588-PL-01.
-The width of the applicant’s rear garden is 7m as opposed to 6m noted by the planning
officer.
-It is noted that the distance of windows between directly facing habitable rooms of the
proposals and existing houses is less than 18m. Firstly, the ancillary accommodation windows
would not be directly facing neighbouring windows as they are off at an angle and secondly
this distance quoted is false with these windows being over 18m as per our drawing 1588-PL-02
and figure 1 below with the map data taken from Ordnance Survey information.
-The planning officer notes in paragraph 3.8 of their report “In general, ancillary structures are
a common form of householder development. The proposed structure is of a modern design
with the proposed materials would not conflict with the existing property and surrounding built
form. The extension is of a size, scale or design that would not appear out of character within
the context of the dwellinghouse or wider area.”. However within one of the reasons for refusal
the planning officer notes that the proposal “does not conform to the scale, design or
character of the original building on the site or the surrounding built form and would therefore
be detrimental to the amenity of the area in general.”. This represents a rather large
inconsistency.
1.3 It should be noted that no objections from any neighbours were received.
1.4 One of the reasons for refusal is stated below;
The proposed extension is contrary to Policy 16 of the National Planning Framework 4 (adopted
2023) in that it does not conform to the scale, design or character of the original building on
the site or the surrounding built form and would therefore be detrimental to the amenity of the
area in general.
As per the planning officer’s notes in paragraph 3.8 of their report we are of the opinion that
the proposals, which are a common for of householder development, do not conflict with the
existing property or surrounding built form in terms of design, scale and location.
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Andrew Megginson Architecture 
As can be seen in figures 2 and 3 other properties have located outbuildings such as sheds
and summerhouses in similar locations at the north end of their garden to where our proposal
is located resulting in a proposal that is compatible with the character of the area. Furthermore
to this, the design of the development is proposed to take cognisance of the scale and
materiality of these to tie in with the surrounding area. 
Figure 1
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Andrew Megginson Architecture 
Figures 2 & 3
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Andrew Megginson Architecture
The proposals are also broadly designed to be close to that of an ancillary building that would
be allowed under permitted development as per the extract from permitted development
guidance in figure 4 below. Unfortunately, one of the conditions for the development as a
whole was that removing permitted development rights otherwise we may well have applied
for a certificate of lawfulness instead. 
1.5 The second reason for refusal is noted below. 
The proposal is contrary to policies 3, 5 DM2 & DM5  of the South Lanarkshire Development Plan
(adopted 2021) in that it would have a detrimental impact on the amenity of neighbouring
properties due to a loss of privacy. 
As per the planning officers report, the main issue seems to be the windows facing each other.
As we have shown the distance from window to window is over the required 18m quoted in
South Lanarkshire’s Policy. The proposed ancillary accommodation will only be for occasional
habitation where the use intensity will be low, certainly much lower than that of any of the two
rear bedrooms to the first floor of the existing houses which have broadly the same view of the
area but looking back in the opposite direction. 
Figure 4
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Andrew Megginson Architecture
1.6 Our proposals are acceptable in relation to design, scale and location within the
surrounding area. Our proposals will not have a detrimental effect on neighbouring amenity
or privacy. No neighbours felt this would be the case hence why no objections were received. 
1.7 The application is for ancillary accommodation to garden ground at 67 School Road.
With our above justification on the acceptability of the proposals we respectfully ask the Local
Review Body to allow planning permission for this development. 
84