Agenda Document Pack - Planning Local Review Body - 12/09/2022

South Lanarkshire Council · 12 September 2022
Back to Planning Local Review Body — 12 September 2022 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Friday, 02 September 2022 
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, 12 September 2022
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 
Cleland Sneddon
Chief Executive 
Members 
Richard Nelson (Chair), Gerry Convery (Depute Chair), Alex Allison, Mary Donnelly, Gladys
Ferguson-Miller, Mark Horsham, Lesley McDonald, Norman Rae, Dr Ali Salamati, 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
The minutes of the meeting of the Planning Local Review Body held on 15
August 2022 submitted for approval as a correct record.  (Copy attached) 
3 - 6 
Item(s) for Decision 
3 Review of Case - P/22/0440 for Erection of 2 Detached Dwellinghouses
(Planning Permission in Principle) at Land 70 Metres Southeast of Ivy
Cottage, Heads Highway, Glassford, Strathaven
Report dated 2 September 2022 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
7 - 10 
3a  Appendix 1 Planning Application Form  11 - 20 
3b  Appendix 2(a) Consultation Responses  21 - 28 
3c  Appendix 2(b) Representations  29 - 32 
3d  Appendix 3 Site Photographs and Location Plan  33 - 40 
3e  Appendix 4 Notice of Review  41 - 68 
3f  Appendix 5 Further Representation  69 - 82 
3g  Appendix 6 Applicant's Agent Comments on Further Representation  83 - 88 
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 the Council Chamber, Council Offices, Almada Street,
Hamilton on 15 August 2022 
Chair:
Councillor Richard Nelson 
Councillors Present
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Maureen Devlin (substitute for
Councillor Graham Scott), Councillor Mary Donnelly, Councillor Gladys Ferguson-Miller, Councillor
Mark Horsham, Councillor Lesley McDonald, Councillor Norman Rae 
Councillors' Apologies:
Councillor Dr Ali Salamati, 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; K
McLeod, Administration Assistant; S McLeod, Administration Officer; S Somerville, Administration
Manager 
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 20 June 2022 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/21/0029 for Erection of 2 Houses with Associated
Studio Flats Above Attached Garage, Raised Decking at Rear and Formation of
Access at Land 120 Metres Northeast of 55 Bothwell Road, Bothwell Road,
Hamilton 
A report dated 4 August 2022 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/21/0029 by S Chaudhary for
the erection of 2 houses with associated studio flats above attached garage, raised decking at
rear and formation of access at land 120 metres northeast of 55 Bothwell Road, Bothwell Road,
Hamilton. 
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 
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 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further submissions from interested parties following notification of the request for the review
of the case
 comments from the applicant on the further submissions received from the interested parties 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The Legal Adviser advised on the following procedural matters:- 
 that a number of representations from parties who had not previously objected to the
planning application or whose signatures were unidentifiable had not been included in the
submissions as, in terms of The Town and Country Planning (Schemes of Delegation and
Local Review Procedure) (Scotland) Regulations 2013, only an interested party might make
representations in respect of a review
 the Statement of Observations from the Planning Officer, attached at appendix 6 to the
report, which stated that the reference to the suggestion for financial investment and a
related Section 75 agreement was new information and had not been made available prior
to the determination of application P/21/0029 
The PLRB agreed that the information in relation to a proposed Section 75 agreement could be
considered in relation to the review and heard the Planning Adviser in relation to the case. 
The PLRB noted that the applicant had requested a hearing and site inspection, 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 3 – general urban areas and settlements
 Policy 5 – development management and placemaking
 Policy 13 – green network and greenspace
 Policy DM1 – new development design
 Policy NHE13 – forestry and woodland
 Policy NHE14 – tree preservation orders
 Policy NHE20 – biodiversity 
Following its review of the information and after discussion, the PLRB concluded that the
development was contrary to Policies 3, 5, 13, NHE13 and NHE20 of the South Lanarkshire Local
Development Plan 2. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/21/0029 by S Chaudhary for the erection of 2
houses with associated studio flats above attached garage,
raised decking at rear and formation of access at land 120
metres northeast of 55 Bothwell Road, Bothwell Road,
Hamilton be upheld.  
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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: 12 September 2022
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/22/0440 for Erection of
2 Detached Dwelling Houses (Planning Permission in
Principle) 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the undernoted application on the basis that the application has not been
determined (deemed refusal) within the period allowed for determination.
[purpose]
1.2. Summary Application Information 
Application Type: Planning Permission in Principle 
Applicant: J and G Davidson Limited 
Proposal: Erection of 2 detached dwelling houses (planning permission
in principle)
Location:   Land 70 Metres Southeast of Ivy Cottage, Heads Highway,
Glassford, Strathaven, ML10 6TU
Council Area/Ward: 5 Avondale and Stonehouse 
1.3. Reason for Requesting Review 
Refusal of
Application 
Conditions imposed X 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 the application under review (deemed refusal)
(b) any appropriate reasons for refusal or 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 4)
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
X 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 consideration of the application:-
 Planning Application Form (Appendix 1)
 Copies of submissions from consultees (Appendix 2(a))
 Copies of representations (Appendix 2(b))
 Site photographs and location plan (Appendix 3)
 Notice of Review including statement of reasons for requiring the review
(Appendix 4)
5.3. Copies of the relevant drawings are available for inspection by contacting
Administration and Legal Services prior to the meeting.
6. Notice of Review Consultation Process
6.1. As the review has been requested because of the failure to give a decision on the
application (deemed refusal), no report of handling is available for the application.
There is a strict statutory timescale of three months for the Planning Local Review
Body to conduct a deemed refusal review. Therefore, to facilitate the review and
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comply with the statutory timescale, the Head of Administration and Legal Services,
in consultation with the Chair, asked for observations from Planning Services on the
notice of review to be provided in advance of the meeting.  This is attached as
Appendix 5. 
6.2 The applicant had the opportunity to comment on the further representations
received.  Comments from the applicant’s agent are contained in the submission
attached as Appendix 6. 
Paul Manning
Executive Director (Finance and Corporate Resources) 
2 September 2022 
Link(s) to Council Values/Priorities/Outcomes 
Values
 Accountable, effective, efficient and transparent 
Outcomes
 Good quality, suitable and sustainable places to live 
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)
E-mail:  stuart.mcleod@southlanarkshire.gov.uk
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Planning Application Form 
Appendix 1  3a
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Page 1 of 8
Montrose House 154 Montrose Crescent Hamilton ML3 6LB 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 100543604-001
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 2no detached dwellinghouses (Planning Permission in Principle)
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: *
Houghton Planning Ltd
Paul
Houghton MRTPI
Whins Road
Glassford
Alloa Business Centre
Knowehead Farm
07780117708
FK10 3RF
ML10 6TS
Scotland
Scotland
Clacks
Strathaven
Alloa
paul@houghtonplanning.co.uk
paul@houghtonplanning.co.uk
J & G Davidson Ltd
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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.
0.19
Agricultural land.
South Lanarkshire Council
Land 70M Southeast Of Ivy Cottage Heads Highway Glassford Strathaven South Lanarkshire
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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.
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.
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).
.
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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.
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
Do you have any agricultural tenants? *  Yes  No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate E
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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 E
I hereby certify that –
(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginning of
the period 21 days ending with the date of the application.
(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are no agricultural tenants
Or
(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginning of
the period 21 days ending with the date of the application.
(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are agricultural tenants.
Name:
Address:
Date of Service of Notice: *
(4) – I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other owners or
agricultural tenants and *have/has been unable to do so –
Signed: Paul Houghton MRTPI
On behalf of: J & G Davidson Ltd
Date: 21/03/2022
 Please tick here to certify this Certificate. *
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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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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 Paul Houghton MRTPI
Declaration Date: 21/03/2022
Payment Details
Pay Direct     
Created: 21/03/2022 15:58
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Consultation Responses 
 Response dated 13 April 2022 from West of Scotland Archaeology Services
 Response dated 13 April 2022 from Environmental Services
 Response dated 6 May 2022 from Roads and Transportation Services 
Appendix 2(a)  3b
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3b
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Community & Enterprise Resources
Executive Director David Booth
Fleet and Environmental Services 
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB  Phone: 01698 454900
Email: mary.harkness@southlanarkshire.gov.uk 
To:  Planning & Building Standards Services  Our Ref. MJH/463290
Your Ref. P/22/0440
If Calling Ask for Mary Harkness
CC:  Phone 01698 454900
From: Mary Harkness Date. 13 April 2022     
Subject: Application Ref: P/22/0440 
Address: Ivy Cottage
Glassford
Strathaven   
Proposed Development: Erection of 2no detached dwellinghouses (Planning
Permission in Principle) 
I refer to the above planning application consultation and would comment as follows. 
I have no objections to the proposal subject to the following conditions. 
W2. Residential Waste Control
Details of facilities for the storage of refuse within the proposed development, including the
design, location and access for uplift, shall be submitted to and approved in writing by the
Council as Planning Authority. No dwellings shall be occupied until the facilities for the storage
of waste have been provided within the proposed development, in accordance with the
approved scheme. 
D01. Dust Mitigation/Control
Prior to development commencing on site, a scheme for the control and mitigation of dust
shall be submitted to and approved in writing by the Council as Planning Authority. No
changes to the approved scheme shall take place unless agreed in writing by the Council as
Planning Authority. The scheme shall thereafter be implemented in accordance with a
programme to be agreed in writing with the Council as Planning Authority. 
D02. Dust Monitoring
Prior to development commencing on site, a dust management and monitoring scheme shall
be submitted to and approved in writing by the Council as Planning Authority. The scheme
shall thereafter be implemented in accordance with a programme to be agreed in writing with
the Council as Planning Authority. 
Septic Tank
Each dwelling must be provided with its own septic tank located within the curtilage of the
individual property, and be for the sole use of the occupants of the dwelling. 
3b
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Community & Enterprise Resources
Executive Director David Booth
Fleet and Environmental Services
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB Phone: 01698 454900
Email: mary.harkness@southlanarkshire.gov.uk
I would also request that if the application is approved, then the following advisory notes are
attached to the decision notice for the applicant’s information.
ADV NOTE 5. Formal action may be taken if nuisance occurs.
None of the above conditions will preclude formal action being taken by the Executive Director
of Community Resources against the person responsible for any nuisance which may arise
due to the operation of the proposed development.
ADV NOTE 3. Noise: Construction and Demolition (BS 5228)
The applicant is advised that all works carried out on site must be carried out in accordance
with the current BS5228, ‘Noise control on construction and open sites’.
The applicant is further advised that audible construction activities should be limited to,
Monday to Friday 8.00am to 7.00pm, Saturday 8.00am to 1.00pm and Sunday – No audible
activity. The applicant is advised that Environmental Services may consider formally imposing
these hours of operation by way of statutory notice should complaints be received relating to
audible construction activity outwith these recommended hours and should such complaints
may be justified by Officers from this Service.
Further details of this may be obtained from South Lanarkshire Council, Environmental
Services,
ADV NOTE 8. Demolition and Pest Control
The applicant is advised that adequate pest control measures should be employed to ensure
that any demolition and/or associated ground works occurring as part of this development do
not give rise to increased pest activities. Further details of this may be obtained from South
Lanarkshire Council, Environmental Services.
ADV NOTE 9. Details of application to be sent to SEPA.
Details of this application should be sent to SEPA for their consideration and comments, as
they are the legal body responsible for some of the matters raised.
Should you require any further information, please contact Mary Harkness.
Mary Harkness
Environmental Health Officer
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Community and Enterprise Resources
Executive Director David Booth
Roads and Transportation Services – Transportation Engineering 
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB 
Email: enterprise.hq@southlanarkshire.gov.uk  
To:  Planning  Planning Application No: P/22/0440  
Case Officer: Declan King
From: Development Management 
Roads and Transportation Services
Contact: Sean Boyd
Phone Ext: 07385370029  
Date: 06 May 2022 
Subject: OBSERVATIONS ON PLANNING APPLICATION 
Location: - Land 70m Southeast of Ivy Cottage, Heads Highway, Glassford, Strathaven
I refer to the above planning application and would respond as follows. 
This application is for the erection of 2no detached dwellinghouses (Planning Permission
in Principle). 
The roads to the dwellings are rural in nature with no footways. 
Although there are a number of unofficial passing places within Heads Highway, this Service will
require additional passing places. These should be located to the north and south approaches to
the development and be located within Heads Highway.  These passing places should be signed
and constructed to this Service’s specifications. The applicant should submit an additional drawing
detailing the location of the passing places. 
At the proposed driveway accesses vehicular visibility splays of 2.4m x 215m must be provided. A
pedestrian visibility splay of 2.4m x 2.4m, (measured from the heel kerb of the footway) is also
required. Within these splays nothing over 900mm in height, ie. trees, shrubs walls etc is permitted. 
For any relaxation in the visibility splay a speed survey must be carried out. This survey should be
carried out on all roads that access is to be taken and should be carried out for a minimum of 7
days. 
The number of bedrooms per dwelling is not currently known. A 2/3 bedroom property will require 3
parking spaces while a property with 4 bedrooms or more would require 3 spaces. Each space
should be 3mX6m. Each unit should also be fitted with an electric vehicle charging point. 
A new 2m wide footway is required along the frontage of the plot boundaries on Heads Highway.
Roads Construction Consent will be required for the formation of the footway, a drop kerb access
should be provided at the new driveway accesses. 
If the accesses are to be gated then the gates must be set back a minimum of 6m from the heel
kerb of the footway, and the gates should open inwards to the site. This 6m in addition to the first
2metres of driveway should be surfaced, sealed and trapped to prevent any detritus material or
water leaving the driveway and entering Heads Highway. 
In conclusion, this service would recommend a decision on the above planning application be
deferred until the following is provided; 
3b
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 Details of proposed passing places,
 Vehicular and pedestrian visibility splays,
 2m footway along the frontage of the properties on Heads Highway
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Representations 
Representation From Dated
 Mathew Palmer, by email 6/5/22 
Appendix 2(b)  3c
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Page 31

3c
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Page 33

Site photographs and location plan 
Appendix 3  3d
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Page 35

Planning Local Review Body Photos for Land 70 Metres Southeast of Ivy Cottage, Heads Highway, Glassford 
Photograph A  3d
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Photograph B 
36

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Photograph C 
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Page 39

E
E
E
PLRB Item P/22/0440
Land 70m SE of Ivy Cottage, Heads Highway, Glassford
Scale:
Planning and
Economic Development
1:2,500
Ü
South Lanarkshire Council
Community and
Enterprise Resources
Key
Date: 02/09/2022
© Crown copyright and database rights 2019 OS 100020730. You are permitted to use this data solely to enable you to respond to, or
interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this
data to third parties in any form.
3d
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Page 41

Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant J & G
Davidson Limited 
Appendix 4  3e
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Page 43

Page 1 of 5
Montrose House 154 Montrose Crescent Hamilton ML3 6LB  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 100543604-002
The online reference is the unique reference for your online form only. The  Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
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
Houghton Planning Ltd
Paul
Houghton MRTPI
Whins Road
Alloa Business Centre
FK10 3RF
Scotland
Clacks
Alloa
3e
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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
South Lanarkshire Council
Glassford
Knowehead Farm
ML10 6TS
Land 70M Southeast Of Ivy Cottage Heads Highway Glassford Strathaven South Lanarkshire
Scotland
Strathaven
J & G Davidson Ltd
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
 Application for planning permission (including householder application but excluding application to work minerals).
 Application for planning permission in principle.
 Further application.
 Application for approval of matters specified in conditions.
What does your review relate to? *
 Refusal Notice.
 Grant of permission with Conditions imposed.
 No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer at the time the  Yes  No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
Erection of 2no detached dwellinghouses (Planning Permission in Principle)
See attached statement
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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? *
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)
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
Application as submitted Local review statement
P/22/0440
By means of inspection of the land to which the review relates
Holding one or more hearing sessions on specific matters
21/03/2022
See local review statement.
See local review statement.
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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: Mr Paul Houghton MRTPI
Declaration Date: 15/06/2022
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Local Review Statement
This statement has been prepared to support a local review in relation to the non-determination
of Application for Planning Permission in Principle ref: P/22/0440 for the “Erection of 2no
detached dwellinghouses (Planning Permission in Principle)” at land 70 metres south east of Ivy
Cottage, Heads Highway, Glassford, Strathaven.
The Planning Application was validated on 21st March 2022, and the statutory determination
period expired two months later on 21st May 2022. This is the second Application submitted in
relation to the land, with the previous one (ref: P/21/1008) having been withdrawn to allow the
views of the case officer to be explored and responded to.
Although the Application has not been determined, the case officer has stated in an email dated
19th May 2022 that his intention is to recommend its refusal, and his reasoning for that is explored
below in relevant to the case that is being made.
As part of this case turns on whether this is an gap site, a request is being made for an
accompanied site visit by councillors. A hearing has also be asked for, so that the relevant
policies, and their interpretation, can be explored further.
Description of Application Site
The Application Site is situated within a cluster of properties at Heads of Glassford that lies to
the north east of the village of Glassford. The cluster extents from Townfoot in the north;
Maidenwell Cottage to the west; Heads Farm to the south, where new dwellings have recently
been built; and by Ivy Cottage to the east, or more correctly the agricultural building that lies to
the north east of this. These all lie around a central open space that is bounded by roads, Willow
Cottage and Meadow House.
In settlement pattern terms, this would be called a ‘nucleated village’ where houses are clustered
around a central point called a nucleus. The nucleus here is identified by a star on the plan below.
Within the above wider grouping, there is also a more concentrated cluster formed by Rockville,
Ivy Cottage, Willow House, Meadowside House, and the new dwellings at Heads Farm that are
closely knit, and relate to each other physically and visually.
Within this tightly knit nucleated group sits the Application Site that lies north of Heads Farm
and south of Ivy Cottage. Its relationship to the group is shown on the OS plan below, with this
tightly knit nucleated cluster shown with a blue line.
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The case officer considers that there are two distinct groupings at play here, but that does not
square, in our view, with what is on the ground where there is clearly one large extended
nucleated group, with properties positioned around a central point (nucleus). A site visit by
councillors will allow them to see this for themselves. 
The Application Site itself is in agricultural use, although is not productive, being instead used
for outside storage purposes. It is generally flat and featureless, with fenced boundaries to the
road and sides, and an open boundary to the rear to the remainder of the field of which it forms
part. 
A site visit will quickly allow councillors to understand the context, and will confirm that when
standing on the Application Site, you are able to see dwellings and buildings in all directions,
sometimes clearly, sometimes through existing vegetation, but always leaving the distinct
impression that you are within a group of closely knit dwellings and buildings. 
In terms of site constraints, there are none apparent on site from visual inspection, and a review
of online records has not identified any landscape, biodiversity, or heritage, issues with
developing the land. The case officer has not mentioned any. 
For the purposes of planning policy, the site is shown as within the Green Belt (see further
below). 
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Proposed Development 
The Application is for two plots to be created in the gap between Ivy Cottage and the new
dwellings at Heads Farm. All details are being left for later approval, although each property will
take its own access from the adjoining road. 
The Site Plan indicates how two detached dwellings can be sited on the Application Site that will
generally follow the existing building line from Ivy Cottage through to Heads Farm. 
With the previous Application, the case officer expressed concern at the size of the red line, as
that application included the entire field, which could potentially have led to each dwelling
having a garden area extending back c. 90 metres from the road albeit the gardens would not
have extended beyond those of the dwellings at Head Farm. However, the current Application
significantly reduces the plot lengths down to c. 50 metres and less, so will bring garden areas
into line with the norm in this area. If approved, the end of the gardens will fall well inside those
of Heads Farm and, although they will still extend further east than the garden of Ivy Cottage,
they will not extend further east than the paddock immediately to the rear of the Cottage, with
the hedgerow that forms the southern boundary of that paddock offering visual containment to
the north. 
Planning Policy and Assessment 
The South Lanarkshire Local Development Plan 2 contains two policies that are relevant to the
development of the Application Site namely: Policy GBRA8 Development of Gap Sites; and Policy
GBRA9 Consolidation of Existing Building Groups. Each is considered in turn below. 
Paragraph 3.17 of the Plan describes a building group as “consisting of three or more houses or
buildings situated in close proximity to each other”. This issue has been explored above, and it
is hoped that there will be no dispute that a nucleated building group exists in this case, whether
that is the wider group identified above; the smaller group also mentioned; or even the more
closely related group to the Application Site formed by Ivy Cottage, Willow House, Meadow
House and the dwellings at Heads Farm. 
Policy GBRA8 Development of Gap Sites 
A Gap Site is defined in the Glossary of the Local Development Plan as a “site bounded on at
least two sides by built development and fronting a road, which should generally be capable of
accommodating one house, but a maximum of two, subject to design being appropriate to the
scale and nature of the adjacent development.” In this case, the Application Site clearly conforms
with that definition being a gap that fronts a road, and being situated between Ivy Cottage to the
north and Heads Farm to the south. The scale and nature of the development is discussed below
in the context of the remainder of the policy. 
The case officer is of the view that this is not a gap site because there are not actual buildings on
both sides. He accepts that the southern boundary has buildings forming part of the Heads Farm
development, but considers that this is not the case to the north because Ivy Cottage is set at the
northern end of its plot, and so the boundary here is its garden and a line of trees. This seems
an extreme interpretation, in our view, in that this would mean that a gap would only be accepted
to exist in what is essentially an urban or suburban context of regimented houses set along a
road, all equally spaced, with gaps of similar proportions in-between. This isn’t the reality in the
countryside where plot sizes vary from smaller gardens to substantial third, half acre plots, and
sometimes larger. There are, therefore, going to be numerous situations where a dwelling is
sited centrally within its plot, or further away from one boundary, and that should not be seen
as a reason not to support a gap site. Look at this gap on a plan (as above), see it for yourself on
the ground, and it appears as a gap site, and looks like a gap site, and that is the commonsense
reaction that councillors will hopefully have towards it.
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Having met that descriptive test, the Policy itself has six criteria that must be met, although only
five are relevant here, which are dealt with in order below.
1. The building group shall form a clearly identifiable nucleus with strong visual
cohesion. The site shall be bounded on at least two sides by habitable houses or other
buildings (excluding ancillary residential uses, such as garages) that are currently, or are
capable of, being brought back into use. The distance between the existing buildings
shall be no more than that needed to form a maximum of two house plots of a size in
keeping with the curtilage and frontage of the existing group.
The first criterion is met in that, as already stated, there are existing dwellings to the north and
south of the Application Site. Furthermore, the gap is no more than is required for two plots of
commensurate size to others in the locality.
In relation to the curtilage issue, this has already been discussed above, and the proposals now
offer garden sizes of a comparable size to those at Heads Farm, with the gardens no longer
extending as far east as proposed previously.
The indicative dwellings shown follow the established building line and, even were the actual
dwellings to be pushed back on the plots, when Applications for Matters Specified in Conditions
are submitted, they will still broadly follow the building convention already established.
2. The proposed house size to plot ratio shall be comparable to existing properties within
the building group.
This criterion is met by the reduction in plot size.
3. The proposed development shall not result in ribbon development or coalescence with
another building group.
The gap falls within an existing group, and so will not lead to any coalescence with another
grouping.
Criterion 4 is not applicable. 4.
5. Any new dwelling shall include provision for private amenity space at a comparable
scale to existing properties within the building group. Any new dwelling, or its private
amenity space, shall not unacceptably affect the size or use of the amenity space of any
neighbouring dwellinghouses.
The amenity space provided is comparable to others in the locality, as already discussed. None
of the amenity/garden space belonging to neighbours is impacted upon.
6. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, appearance and materials of the proposed house(s) shall be
complementary to the character of the existing building group unless it is shown that
there is no distinct design character within it.
No details are being submitted at this stage, but the Council will have the opportunity to ensure
all design standards are met when Applications for Matters Specified in Conditions are submitted
For the above reasons, it is considered that the Application complies with Policy GBRA8, and
thus complies with the development plan and can be supported. However, for completeness, the
proposal will also now be tested against Policy GBRA9, in case of any lingering concerns.
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Policy GBRA9 Consolidation of Existing Building Groups
This policy allows development that adds to an existing group, which can be a gap site, or can
be a site that does not fully meet the definition of one, i.e., one that lies on the edge of the group,
but clearly forms part of it, or does not have an immediate road frontage, as examples.
Paragraph 3.17 states that where a building group exists “The consolidation of these sites with
sensitively located and designed new housing offers the potential to meet demand for new
housing in the countryside. The suitability of a site for this type of development depends on the
form, character and cohesiveness of the group and the level of containment provided by natural
boundaries such as watercourses, trees or enclosing landform, or existing man-made
boundaries such as roads, plantations or other means of enclosure.” In this case, the Application
Site is within a building group, and is well contained by visually obvious boundaries of the road,
with built development to the north and south, and the garden boundaries of those dwellings
forming its extents. The eastern boundary is not contained. However, the Applicant can easily
do that, if required, within land in their control, by putting in structural planting, or a new
hedgerow, or stone dyke, which would form the end to the new gardens.
Having met that descriptive test, the Policy itself has five criteria that must be met, which are
dealt with in order below.
1. The scale and siting of new development shall reflect and respect the scale, character,
cohesiveness, spacing and amenity of the existing group and the individual houses
within the group. Any new building shall be located within a reasonable distance of the
existing properties within the building group.
The Application Site lies within the existing building group, and otherwise meets all the other
requirements of this criterion, for the reasons already discussed.
2. The proposal shall not result in ribbon/linear development or the coalescence of the
housing group with a nearby settlement or another housing group.
This criterion is also met for the reasons already explained.
3. Development shall not significantly adversely affect the landscape character or setting
of the area. In addition it shall have regard to the landscape backdrop, topographical
features and levels. Definable natural boundaries between the existing group and
adjacent countryside shall be maintained. Natural boundaries shall generally take
precedence over man-made boundaries when defining the extent of a building group.
All existing landscape features will be maintained, and it is considered that two plots here, sited
within the existing group, will have little wider landscape impact.
4. Private amenity space shall be provided to any new dwelling at a comparable scale to
existing properties within the building group. Any new dwelling, or private amenity
space afforded to it, shall not unacceptably prejudice the size or use of the amenity space
afforded to an existing dwellinghouse.
This criterion is met (see above).
5. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, massing, scale, appearance and materials of the proposed
house(s) shall be complementary to the character of the existing building group unless
it is shown that there is no distinct design character within it.
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These issues will be addressed when Applications for Matters Specified in Conditions are
submitted 
For the above reasons, it is considered that the Application complies with Policy GBRA9 as well. 
The last matter that the case officer has raised is the spectre of a possible precedent, with filling
this gap possibly leading to pressure for further development to the north; he presumably means
to the rear of Ivy Cottage. The owners of that land may well have aspirations for development,
but that question is not at issue here, and this Application should be considered on its merits,
against policy, and any future Application of that land will need to do the same. For what it’s
worth, the credentials for that land do not look as strong as for the Application Site in terms of
the cohesiveness of the overall group, with the current proposal keeping housing tight to the
road, and around the central green area and the nucleus of the group, whereas the land to the
north has a looser connection with the group, and its current nucleated appearance 
Overall, it is considered that there is a strong case here for Planning Permission in Principle to
be supported. This will be strengthened by councillors doing a site visit, as this will allow them
to see everything that has been discussed above in context. However, even without a site visit,
the proposals are considered to accord with policy and, therefore, it is respectfully requested
that councillors support this local review. 
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Houghton Planning Ltd, Alloa Business Centre, Whins Road, Alloa, Clackmannanshire, FK10 3SA 
Dear Sirs, 
Land 70 metres southeast of Ivy Cottage, Glassford, Strathaven 
Houghton Planning Ltd have been instructed by J & G Davidson Ltd to resubmit an Application
for Planning Permission in Principle for two detached dwellings on land 70 metres southeast of
Ivy Cottage, Heads of Glassford, Glassford, Strathaven. 
The previous Application (ref: P/21/1008) was submitted on the 25th of May 2021 and withdrawn
on the 4th of November 2021. This Application is, therefore, being submitted as a ‘free go’, with
the only change being that the red line boundary has been significantly reduced in size to
hopefully respond to that particular concern that was raised by the case officer (see further
below). 
The Application is accompanied by: 
• (This) Covering Letter;
• Completed Application Form and Certificate;
• Location Plan and Site Plan, as existing; and
• Location Plan and Site Plan, as proposed. 
Description of Application Site 
The Application Site is situated within a cluster of properties at Heads of Glassford that lies to
the north east of the village of Glassford. The cluster extents from Townfoot in the north;
Maidenwell Cottage to the west; Heads Farm to the south, where new dwellings have recently
been built; and arguably by Ivy Cottage to the east, or more correctly the agricultural building
that lies to the north east of this. 
Within the above wider grouping, there is a more concentrated cluster formed by Rockville, Ivy
Cottage, Willow House, Meadowside House, and the new dwellings at Heads Farm that are
closely knit, and relate to each other physically and visually. 
Within this tightly knit group sits the Application Site that lies north of Heads Farm and south of
Ivy Cottage. Its relationship to the group is shown on the OS plan below, with this tightly knit
cluster shown with a blue line. 
18th March 2022   
Planning and Economic Development
Community and Enterprise Resources
South Lanarkshire Council
Montrose House
154 Montrose Crescent
Hamilton
ML3 6LB 
Our Ref.: PH      
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The Application Site itself is in agricultural use, although is not productive, being instead used
for outside storage purposes. It is generally flat and featureless, with fenced boundaries to the
road and sides, and an open boundary to the rear to the remainder of the field of which it forms
part. 
A site visit will quickly allow any case officer to understand the context, and will confirm that
when standing on the Application Site, you will be able to see dwellings and buildings in all
directions, sometimes clearly, sometimes through existing vegetation, but always leaving the
distinct impression that you are within a group of closely knit dwellings and buildings. 
In terms of site constraints, there are none apparent on site from visual inspection, and a review
of online records has not identified any landscape, biodiversity or heritage issues with
developing the land. The site does not appear to be within a flood plan, based upon review of
the SEPA indicative flood map, although it is within a Coal Mining Reporting Area. However, the
Council does not appear to request Coal Mining Risk Assessments in relation to Applications in
this area, and no such requirement was indicated with the previous Application on the land. 
For the purposes of planning policy, the site is shown as within the Green Belt (see further
below). 
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Proposed Development
The Application is for two plots to be created in the gap between Ivy Cottage and the new
dwellings at Heads Farm. All details are being left for later approval, although each property will
take its own access from the adjoining road.
The Site Plan indicates how two detached dwellings can be sited on the Application Site that will
generally follow the existing building line from Ivy Cottage through to Heads Farm.
With the previous Application, the case officer expressed concern at the size of the red line, as
that application included the entire field, which could potentially have led to each dwelling
having a garden area extending back c. 90 metres from the road albeit the gardens would not
have extended beyond those of the dwellings at Head Farm. However, the current Application
significantly reduces the plot lengths down to c. 50 metres and less, so will bring garden areas
into line with the norm in this area. If approved, the end of the gardens will fall well inside those
of Heads Farm and, although they will still extend further east than the garden of Ivy Cottage,
they will not extend further east than the paddock immediately to the rear of the Cottage, with
the hedgerow that forms the southern boundary of that paddock offering visual containment to
the north.
Planning Policy and Assessment
The South Lanarkshire Local Development Plan 2 contains two policies that are relevant to the
development of the Application Site namely: Policy GBRA8 Development of Gap Sites; and Policy
GBRA9 Consolidation of Existing Building Groups. Each is considered in turn below.
Paragraph 3.17 of the Plan describes a building group as “consisting of three or more houses or
buildings situated in close proximity to each other”. This issue has been explored above, and it
is hoped that there will be no dispute that a building group exists in this case, whether that is
the wider group identified above; the smaller group also mentioned; or even the more closely
related group to the Application Site formed by Ivy Cottage, Willow House, Meadow House and
the dwellings at Heads Farm.
Policy GBRA8 Development of Gap Sites
A Gap Site is defined in the Glossary of the Local Development Plan as a “site bounded on at
least two sides by built development and fronting a road, which should generally be capable of
accommodating one house, but a maximum of two, subject to design being appropriate to the
scale and nature of the adjacent development.” In this case, the Application Site clearly conforms
with that definition being a gap that fronts a road, and being situated between Ivy Cottage to the
north and Heads Farm to the south. The scale and nature of the development is discussed below
in the context of the remainder of the policy.
Having met that descriptive test, the Policy itself has six criteria that must be met, although only
five are relevant here, which are dealt with in order below.
1. The building group shall form a clearly identifiable nucleus with strong visual
cohesion. The site shall be bounded on at least two sides by habitable houses or other
buildings (excluding ancillary residential uses, such as garages) that are currently, or are
capable of, being brought back into use. The distance between the existing buildings
shall be no more than that needed to form a maximum of two house plots of a size in
keeping with the curtilage and frontage of the existing group.
The first criterion is met in that, as already stated, there are existing dwellings to the north and
south of the Application Site. Furthermore, the gap is no more than is required for two plots of
commensurate size to others in the locality.
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In relation to the curtilage issue, this has already been discussed above, and the proposals now
offer garden sizes of a comparable size to those at Heads Farm, with the gardens no longer
extending as far east as proposed previously.
The indicative dwellings shown follow the established building line and, even were the actual
dwellings to be pushed back on the plots, when Applications for Matters Specified in Conditions
are submitted, they will still broadly follow the building convention already established.
2. The proposed house size to plot ratio shall be comparable to existing properties within
the building group.
This criterion is met by the reduction in plot size.
3. The proposed development shall not result in ribbon development or coalescence with
another building group.
The gap falls within an existing group, and so will not lead to any coalescence with another
grouping.
Criterion 4 is not applicable. 4.
5. Any new dwelling shall include provision for private amenity space at a comparable
scale to existing properties within the building group. Any new dwelling, or its private
amenity space, shall not unacceptably affect the size or use of the amenity space of any
neighbouring dwellinghouses.
The amenity space provided is comparable to others in the locality, as already discussed. None
of the amenity/garden space belonging to neighbours is impacted upon.
6. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, appearance and materials of the proposed house(s) shall be
complementary to the character of the existing building group unless it is shown that
there is no distinct design character within it.
No details are being submitted at this stage, but the Council will have the opportunity to ensure
all design standards are met when Applications for Matters Specified in Conditions are
submitted
For the above reasons, it is considered that the Application complies with Policy GBRA8, and
thus complies with the development plan and can be supported. However, for completeness, the
proposal will also now be tested against Policy GBRA9, in case of any lingering concerns.
Policy GBRA9 Consolidation of Existing Building Groups
This policy allows development that adds to an existing group, which can be a gap site, or can
be a site that does not fully meet the definition of one, i.e., one that lies on the edge of the group,
but clearly forms part of it, or does not have an immediate road frontage, as examples.
Paragraph 3.17 states that where a building group exists “The consolidation of these sites with
sensitively located and designed new housing offers the potential to meet demand for new
housing in the countryside. The suitability of a site for this type of development depends on the
form, character and cohesiveness of the group and the level of containment provided by natural
boundaries such as watercourses, trees or enclosing landform, or existing man-made
boundaries such as roads, plantations or other means of enclosure.” In this case, the Application
Site is within a building group, and is well contained by visually obvious boundaries of the road,
with built development to the north and south, and the garden boundaries of those dwellings
forming its extents. The eastern boundary is not contained. However, the Applicant can easily
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do that, if required, within land in their control, by putting in structural planting, or a new
hedgerow, or stone dyke, which would form the end to the new gardens.
Having met that descriptive test, the Policy itself has five criteria that must be met, which are
dealt with in order below.
1. The scale and siting of new development shall reflect and respect the scale, character,
cohesiveness, spacing and amenity of the existing group and the individual houses
within the group. Any new building shall be located within a reasonable distance of the
existing properties within the building group.
The Application Site lies within the existing building group, and otherwise meets all the other
requirements of this criterion, for the reasons already discussed.
2. The proposal shall not result in ribbon/linear development or the coalescence of the
housing group with a nearby settlement or another housing group.
This criterion is also met for the reasons already explained.
3. Development shall not significantly adversely affect the landscape character or setting
of the area. In addition it shall have regard to the landscape backdrop, topographical
features and levels. Definable natural boundaries between the existing group and
adjacent countryside shall be maintained. Natural boundaries shall generally take
precedence over man-made boundaries when defining the extent of a building group.
All existing landscape features will be maintained, and it is considered that two plots here, sited
within the existing group, will have little wider landscape impact.
4. Private amenity space shall be provided to any new dwelling at a comparable scale to
existing properties within the building group. Any new dwelling, or private amenity
space afforded to it, shall not unacceptably prejudice the size or use of the amenity space
afforded to an existing dwellinghouse.
This criterion is met (see above).
5. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, massing, scale, appearance and materials of the proposed
house(s) shall be complementary to the character of the existing building group unless
it is shown that there is no distinct design character within it.
These issues will be addressed when Applications for Matters Specified in Conditions are
submitted
For the above reasons, it is considered that the Application complies with Policy GBRA9 as well.
Because of the above, it is hoped that the proposals will be supported, and Planning Permission
in Principle is granted in due course.
In the meantime, if you require any further information to allow the Application to be validated,
and subsequently determined, please get in touch.
Yours faithfully
Paul Houghton MRTPI
Director on behalf of Houghton Planning Ltd
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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: *
Houghton Planning Ltd
Paul
Houghton MRTPI
Whins Road
Glassford
Alloa Business Centre
Knowehead Farm
FK10 3RF
ML10 6TS
Scotland
Scotland
Clacks
Strathaven
Alloa
J & G Davidson Ltd
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Page 3 of 8
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please 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.
0.19
Agricultural land.
South Lanarkshire Council
Land 70M Southeast Of Ivy Cottage Heads Highway Glassford Strathaven South Lanarkshire
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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.
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.
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).
.
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Page 6 of 8
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate E
I hereby certify that –
(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginning of
the period 21 days ending with the date of the application.
(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are no agricultural tenants
Or
(1) – No person other than myself/the applicant was the owner of any part of the land to which the application relates at the beginning of
the period 21 days ending with the date of the application.
(2) - The land to which the application relates constitutes or forms part of an agricultural holding and there are agricultural tenants.
Name:
Address:
Date of Service of Notice: *
(4) – I have/The applicant has taken reasonable steps, as listed below, to ascertain the names and addresses of the other owners or
agricultural tenants and *have/has been unable to do so –
Signed: Paul Houghton MRTPI
On behalf of: J & G Davidson Ltd
Date: 21/03/2022
 Please tick here to certify this Certificate. *
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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: Mr Paul Houghton MRTPI
Declaration Date: 21/03/2022
Payment Details
Pay Direct     
Created: 21/03/2022 15:58
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WellRockville
2
Ivy Cottage
House
Meadow
PLOT A
1218 sqm
PLOT B
1037 sqm
HISTORIC FIELD
ACCESS
EXISTING FIELD
ACCESS
425964
427150
469932
Land Ownership boundary
Site Boundary
Legend
Historic Field Access
Plot A
Plot B
Indicative House Plot
Indicative Driveway
Scale:  1:250 @ A1 / 1:125@ A3
Drawing No:  Glassford / 01
Drawn by:  L Houghton
Date:  17 / 03 / 2022
Status:  Planning
Checked by:  P Houghton
Drawing Title:
Site Plan
Project: Land 70m southeast of Ivy
Cottage, Glassford
Client:
J & G Davidson Ltd
DO NOT SCALE FROM THIS DRAWING
0 5 10 15 20 25m
LOCATION PLAN - NOT TO SCALE
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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 5  3f
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Application No: P/22/0440
Land South-East of Ivy Cottage, Glassford
Statement of Observations 
1.0  Planning Background 
1.1 J & G Davidson Ltd submitted a planning application on 25 May 2021 seeking
Planning Permission in Principle (PPP) for the erection of two detached
dwellinghouses on land to the southeast of Ivy Cottage, Glassford (Planning Ref:
P/21/1008). Following discussions between the applicant and the Planning Service,
where it was advised that the Planning Service was not in a position to support the
application as it did not adhere to adopted Council planning policy as set out in the
South Lanarkshire Local Development Plan 2 (adopted 2021), the applicants
withdrew the application from further consideration. 
1.2 Subsequent to this, on 21 March 2022, the applicants submitted a similar application
for PPP to erect two dwellinghouses on the site, with an additional area of farmland
to the east of the site removed from the application site boundary (Planning Ref:
P/22/0440). This is the application to which the current appeal relates. After due
consideration of the application in terms of the South Lanarkshire Local Development
Plan 2 (adopted 2021), the Planning Service was again minded to refuse Planning
Permission in Principle under the Council’s approved Scheme of Delegation.
However, before a decision was issued in respect of the application, this Notice of
Review was submitted on behalf of the applicants against the non-determination of
the application. 
2.0  Details of development plan policies 
2.1 Section 25 of the Town & Country Planning (Scotland) Act 1997, as amended,
requires that an application for planning permission is determined in accordance with
the Development Plan, unless material considerations indicate otherwise. The
Development Plan consists of the Clydeplan Strategic Development Plan (SDP) as
approved July 2017 and the adopted South Lanarkshire Local Development Plan 2
(SLLDP) adopted 2021. The SDP sets out the strategic policy context against which
development proposals within the Glasgow and Clyde Valley area require to be
assessed. The proposal raises no issues with regard to the SDP. In this case the
development therefore requires to be considered against the relevant provisions of
the South Lanarkshire Local Development Plan 2 (adopted 2021). 
2.2 The following policies of the SLLDP are relevant to the assessment of application
P/22/0440 which is the subject of this review: 
Policy 4 Green Belt and Rural Area 
Green Belt 
The purpose of the Green Belt is to direct development to the most appropriate
locations and support regeneration, protect and enhance the character, landscape
setting and identity of the settlement, protect and provide access to open space. 
Development in the Green Belt will be strictly controlled and any proposals should
accord with the appropriate uses set out in SPP. 
3f
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Rural Area 
Within the Rural Area the Council seeks to protect the amenity of the countryside
while, at the same time, supporting small scale development in the right places that is
appropriate in land use terms and is of high environmental quality that will support
the needs of communities. 
Green Belt and Rural Area 
Both the Green Belt and the Rural Area function primarily for agriculture, forestry,
recreation and other uses appropriate to the countryside. Development which does
not require to locate in the countryside will be expected to be accommodated within
the settlements identified on the proposals map. Isolated and sporadic development
will not be supported. 
Policy 5 Development Management and Placemaking 
In order to ensure that development takes account of the principles of sustainable
development, all proposals require to be well designed and integrated with the local
area. Proposals should have no significant adverse impacts on the local community
and the environment. Where appropriate, proposals should include measures to
enhance the environment and address the six qualities of placemaking. Further detail
is included in supporting planning guidance on Design and Placemaking. 
When assessing development proposals, the Council will ensure that, where
appropriate; 
1. there is no significant adverse impact on adjacent buildings or streetscape in terms
of layout, scale, massing, design, external materials or amenity; 
2. the development shall not have a significant adverse impact on the amenity of any
nearby residential properties in terms of overshadowing, overlooking or other loss of
residential amenity as a result of light, noise, odours, dust or particulates or other
emissions; 
3. the proposed development provides suitable access and parking, encourages
active travel, has no adverse implications for public safety and incorporates inclusive
access for all people, regardless of disability, age or gender; 
4. sustainability issues are addressed through carbon reduction measures and
energy efficient design, layout, site orientation and building practices, including
provision for heat network infrastructure and safeguarding space for future
pipework/piperuns and energy centres; 
5. risks to new development from unstable land resulting from past mining activities
are fully assessed and, where necessary, mitigated prior to development; 
6. the development will have no significant impact on the natural or historic
environment and no adverse impact on the integrity of any Natura 2000 sites; 
7. the development does not result in, or can mitigate against, any significant adverse
impact on quiet areas, the water environment, air quality or soil quality; 
8. the proposal includes appropriate: utility and roads infrastructure open space,
green infrastructure and landscape provision water management (including foul
drainage) and Sustainable Drainage Systems (SuDS) including the provision of
SuDS during construction of the development. 
Policy GBRA1 Rural Design and Development 
Within the Green Belt and Rural Area all proposed developments will require to
adhere to the following criteria: 
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1. Developments shall be sited in a manner that respects existing built form, land
form and local landscape character and setting as appropriate
2. Proposed developments shall be well related to locally traditional patterns of scale
and shall avoid the introduction of suburban-style developments into the rural
environment. Proposals specifically for residential development should not be
isolated or sporadic.
3. Proposals shall be of a high quality, of either traditional or contemporary innovative
design which interprets and adapts traditional principles and features.
4. Proposals shall make use of appropriate materials which respect and reinforce
local character and identity.
5. Developments shall have no adverse impacts on existing residential amenity,
particularly in terms of overlooking or overshadowing of existing residential
properties.
6. Proposals relating to residential development, including extensions and alterations,
shall conform to the requirements of the Council's Residential Design Guide and, in
particular, shall ensure the provision of appropriate private amenity space to all
existing and proposed residential properties.
7. Development proposals shall incorporate suitable boundary treatment and
landscaping proposals to minimise the visual impact of the development on the
surrounding landscape. Existing trees, woodland and boundary features such as
beech and hawthorn hedgerows and stone dykes, shall be retained on site. A
landscape framework shall be provided, where appropriate, to demonstrate how the
development would fit into the landscape and improve the overall appearance of the
site.
8. Proposals shall be readily served by all necessary infrastructure including water,
sewerage and electricity as required to accommodate the development.
9. Proposals shall comply with all required parking and access standards and have
no adverse impact in terms of road or public safety.
10. Proposals shall not have a significant adverse environmental impact on the
amenity of the surrounding area. In particular, 'bad neighbour' uses which by virtue of
visual impact, noise, smell, air and light pollution, disturbance, traffic or public safety
are detrimental to local amenity, will not be permitted.
11. Proposals shall have no significant adverse impact on the natural and historic
environment and no adverse impact on the integrity of any Natura 2000 sites.
12. In the case of a Listed Building or a property within a designated Conservation
Area, proposals shall comply with all relevant policy and guidance relating to the
historic environment.
Policy GBRA8 Development of Gap Sites
Within the Green Belt and Rural Area proposals for new houses within clearly
identifiable gap sites will be supported where all of the following criteria can be met:
1. The building group shall form a clearly identifiable nucleus with strong visual
cohesion. The site shall be bounded on at least two sides by habitable houses or
other buildings (excluding ancillary residential uses, such as garages) that are
currently, or are capable of, being brought back into use. The distance between the
existing buildings shall be no more than that needed to form a maximum of two
house plots of a size in keeping with the curtilage and frontage of the existing group.
2. The proposed house size to plot ratio shall be comparable to existing properties
within the building group.
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3. The proposed development shall not result in ribbon development or coalescence
with another building group. 
4. Exceptionally, within the Rural Area only, the layout of a group of buildings may
allow the infill of a small area up to a natural boundary, for example, an established
tree belt or other landscaping feature, or physical feature such as a boundary wall or
road.
5. Any new dwelling shall include provision for private amenity space at a
comparable scale to existing properties within the building group. Any new dwelling,
or its private amenity space, shall not unacceptably affect the size or use of the
amenity space of any neighbouring dwellinghouses. 
6. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, appearance and materials of the proposed house(s) shall be
complementary to the character of the existing building group unless it is shown that
there is no distinct design character within it. 
Policy GBRA9 Consolidation of Existing Building Groups 
Within the Green Belt and Rural Area proposals for new houses within existing
building groups will be supported where all of the following criteria can be met: 
1. The scale and siting of new development shall reflect and respect the scale,
character, cohesiveness, spacing and amenity of the existing group and the
individual houses within the group. Any new building shall be located within a
reasonable distance of the existing properties within the building group. 
2. The proposal shall not result in ribbon/linear development or the coalescence of
the housing group with a nearby settlement or another housing group. 
3. Development shall not significantly adversely affect the landscape character or
setting of the area. In addition, it shall have regard to the landscape backdrop,
topographical features and levels. Definable natural boundaries between the existing
group and adjacent countryside shall be maintained. Natural boundaries shall
generally take precedence over man-made boundaries when defining the extent of a
building group.
4. Private amenity space shall be provided to any new dwelling at a comparable
scale to existing properties within the building group. Any new dwelling, or private
amenity space afforded to it, shall not unacceptably prejudice the size or use of the
amenity space afforded to an existing dwellinghouse. 
5. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, massing, scale, appearance and materials of the proposed
house(s) shall be complementary to the character of the existing building group
unless it is shown that there is no distinct design character within it. 
Policy DM1 New Development Design 
New development will require to promote quality and sustainability in its design and
layout and should enhance or make a positive contribution to the character and
appearance of the urban or rural environment in which it is located. New
developments will require to: 
1. Respect the local context and be appropriate to the character and topography of
the site in terms of layout, scale, proportion, massing and appearance of buildings,
structures and landscaped and hard surfaced areas. 
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2. Be of a high quality design which is sympathetic to local traditions of form, detailing
and materials. Modern, innovative design can reflect local tradition through scale,
massing, siting and colour rather than replicating existing building forms. Where local
tradition is indistinct or of poor quality, development should be of an imaginative and
innovative design which improves the visual quality of the area in which it is located
and which creates a strong sense of place.
3. Ensure that any archaeological, built heritage, landscape features and nature
conservation interests on the site, or those adjacent to the site, are identified and
incorporated into the overall layout and design of the development, with appropriate
measures taken to enhance and/or protect the setting of these features.
4. Address sustainable development issues including the incorporation of energy
efficient designs and layouts (including heat networks), the re-use/recycling of
materials, water and waste, and the use of alternative energy sources.
5. Incorporate the use of sustainable drainage systems (SuDS).
6. Make provision for creating new or extending existing footpaths, cycle routes and
access to public transport, and appropriate linkages to local centres and services.
7. Ensure appropriate provision of green infrastructure, including open space and
landscaping as an integral part of the development.
8. Ensure provision of an appropriate road layout and parking, and where appropriate
electric vehicle charging points, in accordance with the Council’s Guidelines for
Development Roads and the Local Transport Strategy.
9. Ensure that there is no conflict with adjacent land uses and no adverse impact on
existing or proposed properties in terms of overlooking, loss of privacy,
overshadowing, noise or disturbance.
10. Make provision for any building that the public may use, of safe, easy and
inclusive access for all people regardless of disability, age or gender.
11. Incorporate crime prevention and community safety considerations within the
layout and design of the development.
12. Minimise the generation of waste during its construction and operation and be
designed to include appropriate provision for the recycling, storage, collection and
composting of waste materials once completed and occupied.
13. New houses, business properties and redevelopment proposals should be
designed in such a way as to incorporate high speed broadband connection. Where
appropriate, a Design and Access Statement will be required to accompany planning
applications for major developments.
2.3 The proposals are assessed against the relevant provisions of these policies in
Section 3 below.
3.0 Assessment against development plan policies
3.1 In this case, as the application is for Planning Permission in Principle, there is no
requirement for detailed drawings to be submitted by the applicants. As such, the
provisions of Policies 5, DM1 and GBRA1, which relate primarily to design and layout
matters, are not directly applicable to this application. Instead, it is the principle of the
proposed residential development of the site that requires to be considered, primarily
taking account of the provisions of Policies 4 (Green Belt and Rural Area), GBRA8
(Development of Gap Sites) and GBRA9 (Consolidation of Existing Building Groups).
3.2 Policy 4 – Green Belt and Rural Area states that the purpose of the Green Belt is to
direct development to the most appropriate locations and support regeneration,
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protect and enhance the character, landscape setting and identity of the settlement,
as well as to protect and provide access to open space. The policy also states that
the Green Belt functions primarily for agriculture, forestry, recreation and other uses
appropriate to the countryside. Development which does not require to locate in the
countryside will be expected to be accommodated within the settlements identified on
the proposals map. Isolated and sporadic development will not be supported. 
3.3 In this case it is noted that a residential development is proposed that would not be
considered to be essential to the function of the Green Belt for an appropriate
countryside use. As such, the proposal would require to be considered to fail to
comply with the provisions of Policy 4, unless it can be demonstrated that the
proposal satisfies any of the exceptions detailed in Volume 2 of the adopted LDP. In
this case the relevant exceptions that the proposal requires to be assessed against
are Policy GBRA8 – Development of Gap Sites and Policy GBRA9 – Consolidation of
Existing Building Groups. 
3.4 Policy GBRA8 advises that, within Green Belt and Rural Areas, proposals for the
development of gap sites can be supported where all of the following criteria are met: 
1. The building group shall form a clearly identifiable nucleus with strong visual
cohesion. The site shall be bounded on at least two sides by habitable houses or
other buildings (excluding ancillary residential uses, such as garages) that are
currently, or are capable of, being brought back into use. The distance between the
existing buildings shall be no more than that needed to form a maximum of two
house plots of a size in keeping with the curtilage and frontage of the existing group. 
2. The proposed house size to plot ratio shall be comparable to existing properties
within the building group. 
3. The proposed development shall not result in ribbon development or coalescence
with another building group. 
4. Exceptionally, within the Rural Area only, the layout of a group of buildings may
allow the infill of a small area up to a natural boundary, for example, an established
tree belt or other landscaping feature, or physical feature such as a boundary wall or
road.
5. Any new dwelling shall include provision for private amenity space at a
comparable scale to existing properties within the building group. Any new dwelling,
or its private amenity space, shall not unacceptably affect the size or use of the
amenity space of any neighbouring dwellinghouses. 
6. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, appearance and materials of the proposed house(s) shall be
complementary to the character of the existing building group unless it is shown that
there is no distinct design character within it. 
3.5 In this case, the Planning Service is of the view that the proposed development
would fail to adhere to the requirements of points 1 and 3 as detailed above. Point 1
requires that the proposed gap site shall be bounded on at least two sides by existing
houses/buildings, with the distance between the existing buildings being no more
than that needed to form two house plots. In this case it is noted that the site is
located close to, but not directly bounded to the south by the adjacent residential
property, as it is separated by a farm access road. To the west and east there are no
residential properties directly bounding the site. Importantly, to the north, the site is
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also not bounded by a residential property, but by land forming part of Ivy Cottage,
with the cottage itself being located further to the north and removed from the
application site to which this appeal relates.
3.6 As such, the proposed development site is not bounded on at least two sides by
buildings in this case. In addition, while two house plots are proposed in this case, it
is noted that the granting of permission for the development of this site, rather than
infilling a gap site, would actually have the effect of creating a new gap site between
the proposed Plot A and the existing house at Ivy Cottage, as a substantial area of
ground would remain undeveloped which would then form a clear gap between the
two dwellings. As such, the proposed development would clearly not satisfy the
requirements of point 1) of Policy GBRA8.
3.7 Additionally, point 3) requires that developments shall not result in ribbon
development or coalescence between building groups. In this case the view is taken
that two existing groups of buildings exist in the vicinity of this site, one to the south
and another to the north. It is considered that the development of this site as
proposed, rather than infilling a gap site, would actually increase the coalescence
between these two building groups. Furthermore, the creation of a gap site within the
grounds of Ivy Cottage, as detailed above, would then lead to a situation where a
ribbon development of residential dwellings could result in these two separate
building groups becoming entirely coalesced. As such, the proposed development
would also fail to satisfy the requirements of point 3) of Policy GBRA8.
3.8 As Policy GBRA8 requires that all of the points 1 to 6 listed require to be adhered to
and as the proposed development fails to comply with two of these points, it must be
concluded that the proposals fail to comply with Policy GBRA8 in this case.
3.9 Turning to policy GBRA9 this policy advises that, within Green Belt and Rural Areas,
proposals for new houses within existing building groups will be supported where all
of the following criteria can be met:
1. The scale and siting of new development shall reflect and respect the scale,
character, cohesiveness, spacing and amenity of the existing group and the
individual houses within the group. Any new building shall be located within a
reasonable distance of the existing properties within the building group.
2. The proposal shall not result in ribbon/linear development or the coalescence of
the housing group with a nearby settlement or another housing group.
3. Development shall not significantly adversely affect the landscape character or
setting of the area. In addition, it shall have regard to the landscape backdrop,
topographical features and levels. Definable natural boundaries between the existing
group and adjacent countryside shall be maintained. Natural boundaries shall
generally take precedence over man-made boundaries when defining the extent of a
building group.
4. Private amenity space shall be provided to any new dwelling at a comparable
scale to existing properties within the building group. Any new dwelling, or private
amenity space afforded to it, shall not unacceptably prejudice the size or use of the
amenity space afforded to an existing dwellinghouse.
5. The location, siting and design of the new house(s) shall meet existing rural design
policy and guidance as set out in Policy GBRA1 and in supporting planning guidance.
Generally, the design, massing, scale, appearance and materials of the proposed
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house(s) shall be complementary to the character of the existing building group
unless it is shown that there is no distinct design character within it. 
3.10 While it is noted that the applicant considers this site to form part of a single larger
building group, following a detailed planning assessment it is not considered that, in
planning terms, this is the case. It is noted that there is clearly a building group to the
south of the application site, comprising of dwellings that were constructed on the site
of the former Heads Farm. To the north of the site there are two houses located
directly opposite each other which, in themselves, could perhaps be considered to
form a small group. However, there is a clear separation between these two groups
of houses in the form of greenfield, Green Belt land and as such, it is not considered
that these houses could be considered together as a single building group. 
3.11 Of particular note is point 2) of Policy GBRA9 which requires that proposals shall not
result in ribbon development of the coalescence of two housing groups. Given the
location of the site between two groups of houses as set out above it is noted that,
rather than consolidating an existing building group, the proposed development
would have the unwelcome effect of infilling a significant portion of the greenfield land
that exists between these groups of houses. In addition to this, the development
would also create a gap site to the south of Ivy Cottage which, if developed, would
result in the two building groups then becoming entirely coalesced. 
3.12 As such, given that the development is not considered to relate to the consolidation
of an existing single building group and given that the development would in fact
reduce the separation between two existing groups of buildings, the proposed
development cannot be considered to comply with the provisions of Policy GBRA9 in
this instance. 
3.13 In addition, as the proposal fails to meet any relevant exceptions relating to
residential development in the Green Belt, it must also be concluded that it fails to
comply with the overall Green Belt and Rural Area policy, Policy 4 of the LDP. As
such, it is concluded that the proposals do not adhere to relevant Council planning
policy as set out in the South Lanarkshire Local Development Plan 2 (adopted 2021)
in this instance. 
4.0  Observations on Appellant’s Notice of Review 
4.1 The appellants’ case in this instance is primarily based around the assertion that the
proposed development site 1) forms a gap site between the properties at the former
Heads Farm and the property at Ivy Cottage and 2) would result in the consolidation
of a single existing building group that the appellants consider to exist in the vicinity
of the site. As such, they take the view that the development complies with Policies 4,
GBRA8 and GBRA9 of the South Lanarkshire Local Development Plan 2 (adopted
2021) and the principle of the residential development of the site for two
dwellinghouses should be considered acceptable in this case. 
4.2 However, the view of the Planning Service is that 1) the application site does not
form a gap site but rather that it’s development would, in fact, have the unwelcome
effect of creating a gap site in the Green Belt and 2) that the various houses and
buildings in this area cannot be considered to form a single building group given the
sizeable areas of greenfield, Green Belt land that exist between them and the
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proposed development would in fact have the effect of reducing the separation that
currently exists between the two smaller groups of buildings that are considered to
exist in the vicinity of the site. 
4.3 It is noted that the appellants have provided a plan which they consider to show an
existing building group adjacent to the site. However, it is clear from the plan that the
dwellings in question are distinctly separated by areas of greenfield, Green Belt land.
Indeed the “nucleus” of the building group as shown on the plan submitted is, in itself,
a greenfield site. The aerial photograph below shows the layout of built development
in the area and the clear separation that exists between the group of buildings to the
south of the application site and the existing properties to the north (both circled in
blue). 
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4.4 As can be seen from the aerial plan, the properties at this location do not form a
single building group but are clearly distinct from each other with a group of buildings
located to the south of the proposed development site and a separate pair of houses
to the north of the site. In this case the granting of permission for the development of
two houses within the greenfield area that separates the properties would have an
adverse overall effect at this location as it would result in the development of much of
the greenfield land that separates the groups of buildings and as such, cannot be
considered to comply with the relevant planning policy – Policy GBRA9 of the South
Lanarkshire Local Development Plan 2 (adopted 2021). 
4.5 The appellants’ other contention is that the site would represent a clear and
identifiable gap site between the buildings at the former Heads Farm, to the south of
the application site and Ivy Cottage, which is located to the north of the application
site. However, the Planning Service retains the view that this site cannot be
considered a gap site as it is not bounded on two sides by houses or buildings that
are capable of being turned into houses, as is required by Policy GBRA8 of the
adopted development plan. The aerial photograph below shows the relationship of
the application site with the properties in question. 
4.6 As can be seen in the photograph, while the site (outlined in orange) can be broadly
considered to bound the house to the south, albeit a farm track separates the sites in
question, the site clearly does not bound the house to the north (Ivy Cottage - circled
in blue) as there is a sizeable area of land associated with Ivy Cottage that would
remain undeveloped between the existing house and the proposed development site.
As such, the site is not bounded on two sides by houses and this site would therefore
not be considered to be a gap site as defined by Policy GBRA8. 
4.7 In this case the Planning Service hold further concerns that, not only would the
application site clearly not represent a gap site as set out in adopted Council
planning policy, its development would in fact have the unwelcome effect of creating
a clear gap site between the application site and the house at Ivy Cottage, which
could then be developed to form a further dwellinghouse in the Green Belt. Indeed
Policy GBRA8 is clear that any area of land between buildings that is to be
considered a gap site should be capable of accommodating no more than two house
plots. Given that the application relates to the formation of two house plots and given
that there would remain space for an additional, third, house plot in the gap between
the two existing dwellings, it is again clear that this would not be a gap site as set out
in adopted Council planning policy. 
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4.8 In addition, Policy GBRA8 states that any proposed development shall not result in
ribbon development or coalescence with another building group. As set out above the
Planning Service is of the view that the development of this site, if approved, would
create an undesirable degree of coalescence between the two existing distinct
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groups of buildings at this location, thereby again not meeting the requirements of
GBRA8. 
4.9 In summary, while the points raised by the appellants are noted, the view of the
Planning Service remains that the proposed development of the application site for
residential purposes cannot be considered to comply with Policies GBRA8 or GBRA9
of the South Lanarkshire Local Development Plan 2 (adopted 2021). As such, the
proposals also fail to comply with Policy 4 (Green Belt and Rural Area) of the
adopted plan. The Planning Service therefore respectfully requests that the Planning
Local Review Body refuse the application for planning permission for the following
reasons – 
1) The proposal would constitute new residential development in the Green Belt
without appropriate justification, and the site does not constitute a gap site or result in
the consolidation of an existing building group. The proposal is therefore contrary to
Policy 4 - Green Belt and Rural Area, Policy GBRA8 – Development of Gap Sites
and Policy GBRA9 – Consolidation of Existing Building Groups of the South
Lanarkshire Local Development Plan 2 (adopted 2021).
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Comments from the Applicant’s Agent on Submission
received from an Interested Party in the Course of the
Notice of Review process 
Appendix 6  3g
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Applicants Response 
The applicant’s case is set out in the Local Review Statement submitted with the local review, and so
the comments below should be read after that statement has been read, followed by the case officer’s
observations. 
The applicant fervently hopes that a site visit will take place, and that councillors don’t simply rely on
photographs, and an aerial photograph, as a substitute. The lie of the land, so to speak, says volumes
in this case, and no aerial can fully show what is on the ground, and whether this is a gap site, or
whether this is one group, as we say, or two, as the case officer suggests. These are subjective
opinions, and councillors will only be able to fully conclude for themselves either way by visiting.   
It is the applicant’s view that this is a gap site, with development on two sides, to the north and south.
Councillors will be able to see that for themselves at a site visit. It is accepted that it is Ivy Cottage’s
garden that bounds the site to the north, but policy and guidance does not say a building, it says a
residential property. That must surely include a garden or else there would be few situations in the
countryside, where people often have generous gardens surrounding their houses on all sides, where
policy would apply. In similar vein, the existence of a track between the site and Heads Farm, and the
new development there, is a quirk, a circumstance that will often happen in a countryside setting
where access rights to agricultural land behind must be maintained. 
As a further comment, the applicant cannot see why their application is seen as supposedly coalescing
two separate groups when that is happening anyway via consents already granted, specifically: 
• Ref: P/18/0654 - Erection of two storey dwellinghouse (amendment to EK/16/0308 to change
the housetype on plot 1) - Land 49M Southeast Of Heads Cottage Heads Highway Glassford
Strathaven South Lanarkshire; and
• Ref: P/19/0321 - Application to extend time period for starting development (planning
permission EK/16/0055 for erection of dwellinghouse) - Land 38M Southwest Of Rockville
House Heads Highway Glassford Strathaven South Lanarkshire 
There is also a current plot opposite the current application site, which has a pending planning
application (ref: P/21/1438 - Erection of dwellinghouse (planning permission in principle) -Land 34M
East Of Heads Cottage Heads Highway Glassford Strathaven South Lanarkshire). Individually, and
collectively, these permissions have already connected the two groups described by the case officer,
or will do, if councillors go for the two groups rather than one group idea. The attached PDF shows
those planning permissions, and the pending application, their red line application boundaries, and
indicatively superimposes where the two plots are proposed by this application in relation to them. 
3g
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P/18/0654 | Erection of two storey dwellinghouse (amendment to EK/16/0308 to change the
housetype on plot 1) | Land 49M Southeast Of Heads Cottage Heads Highway Glassford Strathaven
South Lanarkshire 
P/19/0321 | Application to extend time period for starting development (planning permission
EK/16/0055 for erection of dwellinghouse). | Land 38M Southwest Of Rockville House Heads
Highway Glassford Strathaven South Lanarkshire 
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P/21/1438 | Erection of dwellinghouse (planning permission in principle) | Land 34M East Of Heads
Cottage Heads Highway Glassford Strathaven South Lanarkshire 
87