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Agenda Document Pack - Planning Local Review Body - 21/11/2022

South Lanarkshire Council · 21 November 2022
Back to Planning Local Review Body — 21 November 2022 and its agenda

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Council Offices, Almada Street        
Hamilton, ML3 0AA 
Friday, 11 November 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, 21 November 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
Minutes of the meeting of the Planning Local Review Body held on 10 October
2022 submitted for approval as a correct record.  (Copy attached) 
5 - 10 
Item(s) for Decision 
3 Review of Case - P/20/0547 for Erection of Boundary Fence and
Associated Change of Use From Privately Owned Open Space to Private
Garden Ground (Retrospective) at 74 Vancouver Drive, East Kilbride
Report dated 8 November 2022 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
11 - 14 
3a  Appendix 1 Planning Application Form P/20/0547  15 - 24 
3b  Appendix 2(a) Report of Handling P/20/0547  25 - 32 
3c  Appendix 2(b) Consultation Responses P/20/0547  33 - 36 
3d  Appendix 2(c) Representations P/20/0547  37 - 48 
3e  Appendix 3 Site Photographs and Location Plan P/20/0547  49 - 58 
3f  Appendix 4 Planning Decision Notice and Reasons for Refusal P/20/0547  59 - 66 
3g  Appendix 5 Notice of Review P/20/0547  67 - 74 
3h  Appendix 6 Further Representation P/20/0547  75 - 84 
4 Review of Case - P/21/1639 for Erection of Outbuilding Within the Rear
Curtilage of End Terrace House and an Associated Change of Use From
Private Recreational Garden Space to Commercial Hairdressing Business
(Retrospective) at 5 Kenmar Terrace, Hamilton
Report dated 8 November 2022 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
85 - 88 
4a  Appendix 1 Planning Application Form P/21/1639  89 - 98 
4b  Appendix 2(a) Report of Handling P/21/1639  99 - 108 
4c  Appendix 2(b) Consultation Responses P/21/1639  109 - 114 
4d  Appendix 2(c) Representations P/21/1639  115 - 136 
4e  Appendix 3 Site Photographs and Location Plan P/21/1639  137 - 144 
4f  Appendix 4 Planning Decision Notice and Reasons for Refusal P/21/1639  145 - 152 
4g  Appendix 5 Notice of Review P/21/1639  153 - 186 
4h  Appendix 6 Further Representation P/21/1639  187 - 200
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4i  Appendix 7 Applicant's Comments on Further Representations P/21/1639  201 - 204 
5 Review of Case - P/21/0909 for Sub-Division of Garden Ground to Form
House Plot For a Two Storey Dwellinghouse (Planning Permission in
Principle) at 17 Rosebank Avenue, Blantyre
Report dated 8 November 2022 by the Executive Director (Finance and
Corporate Resources).  (Copy attached) 
205 - 208 
5a  Appendix 1 Planning Application Form P/21/0909  209 - 218 
5b  Appendix 2(a) Report of Handling P/21/0909  219 - 228 
5c  Appendix 2(b) Consultation Responses P/21/0909  229 - 244 
5d  Appendix 2(c) Representations P/21/0909  245 - 248 
5e  Appendix 3 Site Photographs and Location Plan P/21/0909  249 - 256 
5f  Appendix 4 Planning Decision Notice and Reasons for Refusal P/21/0909  257 - 264 
5g  Appendix 5 Notice of Review P/21/0909  265 - 280 
5h  Appendix 6 Further Representation P/21/0909  281 - 288 
5i  Appendix 7 Applicant's Comments on Further Representations P/21/0909  289 - 292 
Urgent Business 
6 Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING LOCAL REVIEW BODY (PLRB) 
Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street,
Hamilton on 10 October 2022 
Chair:
Councillor Richard Nelson 
Councillors Present
Councillor Mary Donnelly, Councillor Grant Ferguson (substitute for Councillor Gladys Ferguson-
Miller), Councillor Mark Horsham, Councillor Ross Lambie (substitute for Councillor Alex Allison),
Councillor Lesley McDonald, Councillor Norman Rae, Councillor Graham Scott 
Councillors' Apologies:
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Gladys Ferguson-Miller,
Councillor Dr Ali Salamati 
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 
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 12 September 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/21/1210 for Erection of an Agricultural Workers’
Dwelling House (Permission in Principle) at Land 475 Metres Southeast of
Cobblehaugh Farm Cottage, Cobblehaugh Road, Lanark 
A report dated 28 September 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/21/1210 by the Firm of
Thomas Orr for the erection of an agricultural workers’ dwelling house (permission in principle) at
land 475 metres southeast of Cobblehaugh Farm Cottage, Cobblehaugh Road, Lanark. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and responses from consultees
 site photographs and location plan 
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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 comments provided to the Planning Officer by the Council’s Economic Development
Team had been included in the submissions to the PLRB, however, in terms of The Town
and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland)
Regulations 2013, the Economic Development Team was not an interested party and,
therefore, had not been invited to submit further representations to the PLRB
 the Statement of Observations from the Planning Officer, attached at Appendix 6 to the
report, stated that the letter received from SAC Consulting, attached at appendices 5 and 7
to the report, was new information and had not been made available prior to the
determination of application P/21/1210
 that a submission from J Russell, who had submitted an earlier representation in the name
of his company, D and M Russell, had been received late in terms of The Town and Country
Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations
2013, however, the Town and Country Planning (Scotland) Act 1997 required that all
relevant material planning matters were considered 
The late submission from J Russell was tabled and the PLRB agreed that the late submission and
the letter received from SAC Consulting could be considered in relation to the review. 
The PLRB heard the Planning Adviser in relation to the case.  Following discussion, Councillor
Nelson, seconded by Councillor Rae, moved that the review proceed without a site visit, hearing
or further written submissions.  Councillor McDonald, seconded by Councillor Donnelly, moved as
an amendment that a site visit be carried out as part of the review.  On a vote being taken using
the electronic voting system, 2 members voted for the amendment and 6 for the motion which was
declared carried. 
The PLRB proceeded to determine the review.  The options available to the PLRB were to uphold,
reverse or vary the decision taken in respect of the application taken under review. 
In reviewing the case, the PLRB considered:- 
 the information submitted by all parties
 the relevant policies contained in the adopted South Lanarkshire Local Development Plan
2:-
 Policy 4 – green belt and rural area
 Policy 14 – natural and historic environment
 Policy GBRA1 – rural design and development
 Policy GBRA10 – accommodation associated with an existing or proposed rural
business 
Following its review of the information and after discussion, the PLRB concluded that there was
adequate justification in terms of Policies 4, 14, GBRA1 and GBRA10 for the application to be
granted on the grounds that it considered that the proposed development was an appropriate type
of development in terms of land use.  The PLRB then considered appropriate conditions to be
attached to the planning consent.  
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The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/21/1210 by the Firm of Thomas Orr for the
erection of an agricultural workers’ dwelling house
(permission in principle) at land 475 metres southeast of
Cobblehaugh Farm Cottage, Cobblehaugh Road, Lanark be
reversed and that planning permission be granted for the
proposal subject to the conditions specified by the PLRB,
attached as an appendix to this minute. 
Councillor Donnelly left the meeting during this item of business 
In terms of Standing Order No 14, the Chair adjourned the meeting during this item of business at
10.55am and reconvened at 11.25am and further adjourned at 11.50am and reconvened at 11.55am 
4 Urgent Business 
There were no items of urgent business. 
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Application P/21/1210 - Conditions and Reasons      Appendix 
Erection of an Agricultural Workers’ Dwelling House (Permission in Principle) at Land 475 Metres
Southeast of Cobblehaugh Farm Cottage, Cobblehaugh Road, Lanark 
1. The development to which this permission in principle relates shall be begun no later than the
expiration of five years beginning with the date of grant of this permission. 
Reason: To comply with section 59 of the Town and Country Planning (Scotland) Act 1997 as
amended.  Five years is the default period set by Section 59 and there is no material reason
indicating that a different period should be set. 
2. Prior to the commencement of development on site, a further application(s) for the approval of
any of the matters specified in this condition must be submitted to and approved by the Council
as Planning Authority, in accordance with the five year timescale as set out in condition 1, above. 
These matters are as follows:- 
(a) the layout of the site, including all roads, footways, parking areas (including number and
size of parking spaces) and garden ground 
(b) the siting, design and external appearance of all building(s) and any other structures,
including plans and elevations showing their dimensions and type and colour of external
materials 
(c) detailed cross-sections of existing and proposed ground levels, details of underbuilding
and finished floor levels in relation to a fixed datum, preferably ordnance datum 
(d) the design and location of all boundary treatments including walls and fences 
(e) the landscaping proposals for the site, including details of existing trees and other planting
to be retained together with proposals for new planting specifying number, size and
species of all trees and shrubs, including, where appropriate, the planting of fruit/apple
trees 
(f) the means of drainage and sewage disposal 
(g) details of facilities for the storage of refuse within the proposed development, including the
design, location and access for uplift 
Reason: To comply with section 59 of the Town and Country Planning (Scotland) Act 1997 as
amended. 
3. That the occupation of the dwellinghouse authorised by this permission shall be limited to a
person solely or mainly employed or last employed in agriculture as defined in Section 277 of
the Town and Country Planning (Scotland) Act 1997, on Charleston Park Farm; or a dependant
of such a person residing with him or her or the widow or widower of such a person. 
Reason: To safeguard the amenity of the area. 
4. That, notwithstanding the terms of Condition 1 above, the design and siting of any dwellinghouse
on the site shall take due cognisance of the rural location, with particular regard being paid to
scale, massing, roof pitch, fenestration and materials. 
Reason: In the interests of amenity and to ensure satisfactory integration of the new
dwellinghouses with the rural location in which they are to be situated.  
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5. That no consent is hereby granted for the indicative house footprint shown on the drawings titled
Location Plan Rev. F, Indicative Site Plan Rev. E and Indicative Site Plan Rev. F. 
Reason: Permission is granted in principle only and no approval is given for these details. 
6. That before any work starts on site, the developer shall secure the implementation of an
archaeological watching brief, to be carried out by an archaeological organisation acceptable to
the Planning Authority, during all ground disturbance.  The retained archaeological organisation
shall be afforded access at all reasonable times and allowed to record, recover and report items
of interest and finds.  A method statement for the watching brief will be submitted by the
applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning
Authority prior to commencement of the watching brief.  The name of the archaeological
organisation retained by the developer shall be given to the Planning Authority and to the West
of Scotland Archaeology Service in writing not less than 14 days before development
commences. 
Reason: In the interests of cultural heritage. 
7. That, before the development hereby approved is completed or brought into use, details,
including construction specifications, of passing places along Cobblehaugh Road from the
junction with the A70 to the site, shall be submitted for the written approval of the Council, as
Planning Authority.  Once approved, the passing places shall be constructed and maintained as
such for the lifetime of the development, hereby approved.  For the avoidance of doubt the
passing places shall be located within Heads Highway.  FOR AVOIDANCE OF DOUBT, the
indicative locations of passing places as shown on drawing L(--)019(C) are considered
acceptable in principle. 
Reason: In the interests of road safety. 
8. That, unless otherwise agreed in writing and prior to works commencing on site, the applicant
shall submit details to demonstrate that the new dwelling will be fitted with an electric vehicle
charging (EVC) point.  Thereafter, the agreed EVC provision shall be installed, commissioned,
and maintained in accordance with the approved plans and specifications prior to that property
which it serves being occupied. 
Reason: To ensure the provision of appropriate facilities for the dwelling. 
9. Prior to commencement of the development hereby approved, details of measures to facilitate
the provision of full fibre broadband to serve the dwelling, including details of appropriate digital
infrastructure and a timescale for implementation, shall be submitted to and approved in writing
by the Council as Planning Authority, unless otherwise agreed in writing with the applicant.  The
approved measures shall thereafter be carried out in accordance with the agreed
implementation timescale. 
Reason: To ensure the provision of digital infrastructure to serve the development 
10. That details of surface water drainage arrangements should be submitted to the Council as
Planning Authority as part of the further submission for this site; such drainage arrangements
will require to comply with the principles of sustainable urban drainage systems and with the
Council's Sustainable Drainage Design Criteria and shall include a flood risk assessment of the
site and signed appendices as required.  Thereafter, the development shall not be occupied until
the surface drainage works have been completed in accordance with the details submitted to
and approved by the Council as Planning Authority. 
Reason: To ensure that the disposal of surface water from the site is dealt with in a safe and
sustainable manner, to return it to the natural water cycle with minimal adverse impact on people
and the environment and to alleviate the potential for on-site and off-site flooding.
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11. That notwithstanding the provisions of the Town and Country Planning (General Permitted
Development) (Scotland) Amendment Order 2011 (or any such order revoking or re-enacting
that order), no buildings, structures or fences other than those approved under Condition 2
above; shall be erected within the application site; without the submission of a further planning
application to the Council as Planning Authority. 
Reason: In the interests of maintaining planning control of the site 
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 21 November 2022
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/20/0547 for Erection of
a Boundary Fence and Associated Change of Use from
Privately Owned Open Space to Private Garden Ground
(Retrospective) 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the decision taken by officers, in terms of the Scheme of Delegation, on the
following application:-
[purpose]
1.2. Summary Application Information 
Application Type: Detailed Planning Application 
Applicant: M Creasey 
Proposal: Erection of a boundary fence and associated change of use
from privately owned open space to private ground
(retrospective)
Location:   74 Vancouver Drive, East Kilbride G75 8LG
Council Area/Ward: 7 East Kilbride Central South 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to
determine the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) 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
3
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[1recs]
3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred
to Area Committees or the Planning Committee for a decision.   
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body. 
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for
requiring a review of the determination in respect of their application.  (Refer
Appendix 5) 
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as
follows:- 
X Further written submissions  Site inspection 
Hearing session(s)  Assessment of review documents
only, with no further procedure 
4.3. However, members will be aware that it is for the Planning Local Review Body to
determine how a case is reviewed. 
5. Information Available to Allow Review of Application
5.1. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties to
introduce new material at the review stage.  The focus of the review should,
therefore, be on the material which was before the officer who dealt with the
application under the Scheme of Delegation. 
5.2. The following information is appended to this report to assist the Planning Local
Review Body in its review of the decision taken by officers:- 
 Planning Application Form (Appendix 1)
 Report of Handling by the Planning Officer under the Scheme of Delegation
(Appendix 2(a))
 Copies of submissions from consultees (Appendix 2(b))
 Copies of representations (Appendix 2(c))
 Site photographs and location plan (Appendix 3)
 Decision notice (Appendix 4)
 Notice of Review including statement of reasons for requiring the review
(Appendix 5)
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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. 2 further representations were received, including a Statement of Observations from
the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day
period from the date on which notification of the request for a review of the case was
given.  These are listed at and attached as Appendix 6. 
6.2 The applicant had the opportunity to comment on the further representations
received.  No comments on the further representation were received from the
applicant. 
Paul Manning
Executive Director (Finance and Corporate Resources) 
8 November 2022 
Link(s) to Council Values/Priorities/Outcomes
 We will work towards a sustainable future in sustainable places
 Good quality, suitable and sustainable places to live
 Thriving business, fair jobs and vibrant town centres
 Caring, connected, sustainable communities
 Accountable, effective, efficient and transparent 
Previous References
 None 
List of Background Papers
 Guide to the Planning Local Review Body 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Stuart McLeod, Administration Officer
Ext:  4815  (Tel:  01698 454815)
E-mail:  stuart.mcleod@southlanarkshire.gov.uk
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Planning Application Form 
Appendix 1  3a
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3a
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Report of Handling 
Report dated 23 March 2022 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2(a)  3b
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Reference no. P/20/0547
Delegated Report   
Date 23 March 2022 
Planning proposal: Erection of a boundary fence and associated change of use from privately
owned open space to private garden ground (retrospective)  
Location:  74 Vancouver Drive
East Kilbride
G75 8LG 
Application Type :  Householder Application   
Applicant :  Mr Mark Creasey    
Location :   74 Vancouver Drive
East Kilbride
G75 8LG    
Decision: Application Refused
Report by: HQ Manager (Planning & Building Standards) 
Policy reference: 
South Lanarkshire Local Development Plan 2
Policy 2: Climate Change 
Policy 3: General Urban Areas and Settlements
Policy 5: Development Management and Placemaking 
Policy DM1: New development design 
Assessment
Impact on privacy? No
Impact on sunlight/daylight? No
Impact on amenity? Yes
Traffic issues? No
Adheres to development plan policy? No
Adverse comments from consultees? No 
Consultations Summary of response 
Roads Development Management
Team 
have advised that the required visibility splays of 2.5m x
43m are achievable at the junction. With regards to visibility
at the driveway, the required visibility splay of 2m x 35m is
not achievable with the current fence design. Requested
further drawings demonstrating that the visibility splays can
be achieved. Have since inspected the junction and found
that the fence does not adversely affect the visibility splay.
Note that the footway on the corner of the junction is wide
enough that it provides drivers exiting Ontario Park onto
Vancouver Drive with visibility of around 40 metres which is
acceptable at this type of junction. 
3b
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Representation(s): 
► 3 Objection letters
► 0 Support letters
► 2 Comment letters 
Planning Application Delegated Report 
1 Application Summary 
1.1 Retrospective planning permission is sought for a 1.8m high boundary fence and an
associated change of use from private open ground to enclosed private garden space at
74 Vancouver Drive, East Kilbride. The application site is located within the Westwood
area and is bounded by housing to the north and east. The southern boundary is located
on Vancouver Drive and western boundary is located on Ontario Park. The land was
originally considered to comprise of some informal public open space but the applicant
has stated that they are the owner of the whole application site. It is therefore considered
that if the land was privately owned there is no change of use involved in the proposals
and therefore the assessment focusses solely on the fence that has been erected. 
1.2 The fence encloses an area of private land located forward of, and to the side of, the
principal elevation of the dwellinghouse. The fence is of a timber construction with single
vertical slats. Most of the fence has been built on the property boundary with a small
section returning at the driveway. Furthermore, as the property has boundaries on
Vancouver Drive and Ontario Park, the fence has been erected near the junction between
the two roads. 
1.3 The site is located within a residential neighbourhood in East Kilbride and contains a two-
storey, end-terrace house. The house has a white roughcast render and a pitched roof
covered with red roofing tiles. The main entrance to the house is located at the side of the
building. The property also has a driveway within the front curtilage. The site itself is
located approximately 200m west of East Milton Primary School. 
2 Consultations 
Roads and Transportation Services – have advised that the required visibility splays of
2.5m x 43m are achievable at the junction. With regards to visibility at the driveway, the
required visibility splay of 2m x 35m is not achievable with the current fence design.
Requested further drawings demonstrating that the visibility splays can be achieved. Have
since inspected the junction and found that the fence does not adversely affect the
visibility splay. Note that the footway on the corner of the junction is wide enough that it
provides drivers exiting Ontario Park onto Vancouver Drive with visibility of around 40
metres which is acceptable at this type of junction.
Response: Noted. Roads and Transportation Service’s will be fully considered in the
Assessment and Conclusion section below. 
3 Representations 
3.1 Following the neighbour notification process, three representations were received. The
themes raised in the objections have been categorised and summarised below. 
3.1.1 The height of the fence and its proximity to the road are reducing visibility at the
road junction and impacting upon road safety. 
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Response: Noted. As noted in 2 above, Roads and Transportation Services do not raise
any concerns with regard the fence and visibility for vehicles at the junction of Ontario
Park and Vancouver Drive. 
3.1.2 The fence will set a precedence for the future where more residents erect high
fencing around their gardens which would not be in keeping with the style of the
local area. 
Response: Noted. All applications are assessed individually and on their individual
merits. 
3.1.3 Security offered by the fence.   
Response: The security offered by the fence is not a material consideration in
determining this application. 
3.1.4 Is there not an alternative solution? 
Response: The application is in retrospect and any assessment is required to be made
on the proposals as applied for. 
4 Assessment and Conclusions 
4.1 Retrospective planning permission is sought for a 1.8m high boundary fence at 74
Vancouver Drive, East Kilbride. The application site is located within the Westwood area
and is bounded by housing to the north and east. The southern boundary is located on
Vancouver Drive and western boundary is located on Ontario Park.  
4.2 The application site is designated as being within a general urban area in the adopted
South Lanarkshire Local Development Plan 2 2021 (SLLDP2). As such, Policy 3 advises
developments which would be detrimental to the amenity of residents and the wider
community or to the character of the surrounding area will not be permitted.
Developments particularly ‘bad neighbour’ uses which by virtue of visual impact, noise,
smell, air pollution, disturbance, traffic or public safety will not be permitted if they are
detrimental to the amenity of residents. Each proposal will be judged on its own merits
with particular consideration given to the impact on the amenity of the area, proposed
servicing and parking arrangements and where appropriate an assessment of the
contribution of the proposal to meet an identified local need. 
4.3 Policy 2 - Climate change of SLLDP2 requires new development where possible to seek
to minimize and mitigate against the effects of climate change. It is noted that the
retrospective proposal does not involve any large scale and has been constructed with a
sustainable building material. It is therefore not considered to have a significant
detrimental impact upon the water and soils environment nor biodiversity. 
4.4 Policy 5 - Development management and placemaking states that development proposals
should take account of and be integrated within the local context and built form.
Development proposals should have no significant adverse impacts on the local
community and there should be no significant adverse impact on adjacent buildings in
terms of layout, scale, massing, design, external materials or amenity as well as no
adverse implications for public safety.  This policy is further supported within SLLDP2
Policy DM1 – Design. 
4.5   In assessment, it is noted that an area of open front curtilage has been retained between
the dwellinghouse and the road. However, the proposal will result in the loss of a large
area of open space within the front curtilage, along the boundary of Vancouver Drive
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(west of the dwellinghouse). Furthermore, the proposal extends along the boundary on
Ontario Park into a position forward of the principal elevation of the neighbouring property
on Ontario Park. This disrupts the established open plan design of properties on
Vancouver Drive and at the southern end of Ontario Park. Furthermore, due to the layout
and scale of the proposal and its prominent position on the corner at the road junction, the
proposal is considered to have a dominant impact on the street scene and to be
detrimental to the visual amenity of the area. In considering the above, the proposal does
not respect the character of the adjacent and surrounding development and does not
integrate within the local context. 
4.6 Roads and Transportation Services were consulted and, in their response, the Roads
Department have stated that the required viability splay for the private driveway maybe
achievable however, they have stated that the visibility splay at the driveway does not
currently meet the required standards and that nothing over 900mm in height is permitted
to meet the required visibility splay standard. 
4.7 It is therefore considered that the location of the fence on a corner plot results in a
structure that dominates the street scene and is not inkeeping with the surrounding area.
The fence is incongruous to the open plan nature of the surrounding area resulting in a
negative visual impact. The fence, in its current form does not provide the required
visibility splays expected for a private driveway. It is therefore considered that the fence is
contrary to SLLDP2 Policies 3, 5 and DM1. 
4.8 In conclusion, it is considered that the retrospective fence proposal has a significant
detrimental impact on visual amenity as a result of its layout, scale and positioning, and
will be detrimental to public safety as a result of poor visibility at the driveway. Planning
permission is therefore refused. Enforcement action will now be pursued to regularise the
breach of planning control. 
5 Reason for decision 
5.1 The retrospective development is detrimental to both residential and visual amenity and is
therefore contrary to Policies 3, 5 and DM1 of the adopted South Lanarkshire Local
Development Plan 2. 
Delegating officer:   James Wright 
Date: 19.04.2022 
Previous references
 None   
List of background papers
► Application Form
► Application Plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 12.06.2020 
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► Consultations 
Roads Development Management Team 24.08.2020 
► Representations 
Site, 107 Vancouver Drive, East Kilbride, Glasgow, South Lanarkshire,
G75 8LQ 
Dated: 
Gillian McNaught, 3 Ontario Park, East Kilbride, G75 8LX, ,  Dated: 
15.06.2020 
Caroline Khairallah, 1 Ontario Park, East Kilbride, Glasgow, South
Lanarkshire, G75 8LX 
Dated: 
18.06.2020 
Sarah Symington, , , , ,  Dated: 
24.06.2020 
Joe Allan, 94 Franklin Place, Westwood, East Kilbride, G75 8LS,  Dated: 
24.09.2020 
J E Allan, 94 Franklin Place, East Kilbride, Glasgow, South Lanarkshire,
G75 8LS 
Dated: 
17.09.2020 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Stuart Connolly, Planning officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone:    
Email: stuart.connolly@southlanarkshire.gov.uk
31

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Planning Application
Application number:  P/20/0547 
Reasons for refusal 
01. The proposal is contrary to Policies 3, 5 and DM1 of the adopted Local Development Plan
2 (2021) as the scale, design and layout of the fence would detract from the established
character of the surrounding built environment and adversely impact upon the established
streetscape in the area.  The proposal will therefore have a significant adverse impact
upon visual amenity in the local area. 
02. The proposal is contrary to Policies 3, 5, and DM1 of the adopted South Lanarkshire
Local Development Plan 2 (2021) as the proposal results in a dominant structure on a
corner site within an open plan residential development resulting in a significant,
detrimental impact on the surrounding streetscene. 
Reason(s) for decision
The retrospective development is detrimental to both residential and visual amenity and is
therefore contrary to Policies 3, 5 and DM1 of the adopted South Lanarkshire Local Development
Plan 2. 
Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
Location Plan 1 Refused  
Site Plan: Existing 1 Refused  
Site Plan: Proposed 1 Refused  
Front Elevation 1 Refused  
Rear Elevation 1 Refused  
Side Elevation 1 Refused  
Side Elevation 1 Refused 
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Consultation Responses 
 Response dated 10 June 2020 from Roads and Transportation Services 
Appendix 2(b)  3c
33

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34

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SOUTH LANARKSHIRE COUNCIL
ROADS AND TRANSPORTATION SERVICES
OBSERVATIONS ON PLANNING APPLICATION
Planning Application No: P/20/0547 Dated: 10 June 2020 Received: 02 August 2020
Applicant: Mr Mark Creasey Contact: J. Ferguson
Proposed: Erection of a boundary fence and associated change of use from
privately owned open space to private garden ground (retrospective)
Ext: 01698 - 455266
Location: 74 Vancouver Drive East Kilbride G75 8LG Planner: Byron Sharp
Type of Consent: Full No of drg(s) submitted: Portal 
Proposals Acceptable? Y or N  Item
ref
Comments
1. EXISTING ROADS 1(a) 
1(d) 
3(b) 
4(d) 
This application is for the erection of front and side
garden boundary walling/fencing (max. height 1.8
metres). 
At the junction of Ontario Park & Vancouver Drive
the existing junction visibility splay of 2.5m x 43m
should be maintained. Within these splays nothing
over 900mm in height, i.e. trees, shrubs walls etc is
permitted. These splays should be achievable;
however, a drawing demonstrating these splays
should be provided. 
At the driveway access a vehicular visibility splays
of 2m x 35m (measured from the edge of the
carriageway) are required. Pedestrian visibility
splays of 2.4m x 2.4m, (measured from the heel
kerb of the footway) are also required. Within these
splays nothing over 900mm in height, i.e. trees,
shrubs walls etc is permitted. A drawing
demonstrating these splays should be provided. 
The length of the driveway is not to this Services
specification. The minimum length acceptable to
this Service is 6m. As this has already been
constructed, I am willing to allow a relaxation
subject to the applicant ensuring that no part of any
vehicle using the driveway overhangs the public
footway. 
No works should be carried out within the public
footway without the proper approvals by this
Service, i.e. Road Opening Permit / Road
Occupation Permit. 
I would defer our recommendations until the
applicant submits revised drawings showing the
above. 
CONDITIONS
07.24     Sight Lines - Vehicular
07.25     Sight Lines - Pedestrian 
(a) General Impact of Development Y
(b) Type of Connection(s) (road
junction/footway crossing)
Y
(c) Location(s) of Connection(s) Y
(d) Sightlines (2.5m x 43m, 2m x 35m &
2.4m x2.4m)
N
(e) Pedestrian Provision Y 
2. NEW ROADS
(a) Width(s) () 
(b) Layout (horizontal/vertical alignment) 
(c) Junction Details
(locations/radii/sightlines) 
(d) Turning Facilities
(circles/hammerheads) 
(e) Pedestrian Provision 
(f) Provision for PU Services 
3. SERVICING & CAR PARKING
(a) Servicing Arrangements/Driveways Y
(b) Car Parking Provision (existing) N
(C) Layout of Parking Bays/Garages N 
4. RECOMMENDATION
(a) No Objections 
(b) No Objections Subject to Conditions 
(c) Refuse 
(d) Defer Decision Y
(e) SOID to advise 
THE APPLICANT MUST BE ADVISED OF THE FOLLOWING: -
(i) Construction Consent (S21)* Not Required
(ii) Road Bond (S17)* Not Required
(iii) Road Opening Permit (S56)* Not Required
(iv) Dropped Kerb (S56)* Not Required
* Relevant Section of the Roads (Scotland) Act 1984 
3c
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Signed:       
Date: 
Item Ref 
Comments 
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Representations 
Representation From Dated
 Gillian McNaught, by email 15/06/20
 Caroline Khairallah, by email 18/06/20
 Sarah Symington, by email 24/06/20
 Joe Allan, 94 Franklin Place, Westwood, East Kilbride 12/09/20
and
18/09/20 
Appendix 2(c)  3d
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38

Page 39

3d
39

Page 40

40

Page 41

3d
41

Page 42

42

Page 43

3d
43

Page 44

44

Page 45

3d
45

Page 46

46

Page 47

47

Page 48

48

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Site photographs and location plan 
Appendix 3  3e
49

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50

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Photo 1 
   3e
51

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Photo 2 
52

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Photo 3 
 
 
 
53

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Photo 4 
 
 
 
54

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Photo 5 
 
 
 
55

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Photo 6 
 
56

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3e
57

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58

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Planning Decision Notice and Reasons for Refusal 
Appendix 4  3f
59

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60

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Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Email stuart.connolly@southlanarkshire.gov.uk Phone: 
Community And Enterprise Resources
Executive Director David Booth
Planning And Economic Development 
Mr Mark Creasey
74 Vancouver Drive
East Kilbride
G75 8LG 
Our Ref: P/20/0547
Your Ref: 
If calling ask for: Stuart Connolly
Date: 25 May 2022 
Dear Sir/Madam 
Proposal: Erection of a boundary fence and associated change of use from
privately owned open space to private garden ground (retrospective)
Site address: 74 Vancouver Drive, East Kilbride, G75 8LG, 
Application no: P/20/0547 
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at www.southlanarkshire.gov.uk 
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused. 
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal. 
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact Stuart Connolly on 
The Planning Service is undertaking a Customer Satisfaction Survey in order to obtain feedback
about how we can best improve our Service to reflect the needs of our customers. The link to the
survey can be found here: 
If you were the applicant: http://tinyurl.com/nrtgmy6 
If you were the agent: http://tinyurl.com/od26p6g 
We would be grateful if you would take a few minutes to answer the questions in the survey based
on your experience of dealing with the Planning Service in the past 12 months.  We value your
3f
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opinion and your comments will help us to enhance areas where we are performing well, but will
also show us where there are areas of the service that need to be improved. 
I do hope you can take part in this Customer Survey and look forward to receiving your
comments in the near future. If you prefer to complete a paper version of the survey, please
contact us by telephone on 0303 123 1015, selecting option 7, quoting the application number.
We will send you a copy of the survey and a pre-paid envelope to return it. 
Yours faithfully 
Head of Planning and Economic Development 
Enc:  
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006 
To: Mr Mark Creasey  Per:    
74 Vancouver Drive
East Kilbride
G75 8LG   
With reference to your application received on 29.04.2020 for planning permission under the
above mentioned Act: 
Description of proposed development: 
Erection of a boundary fence and associated change of use from privately
owned open space to private garden ground (retrospective) 
Site location: 
74 Vancouver Drive, East Kilbride, G75 8LG,   
SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act
hereby: 
REFUSE PLANNING PERMISSION 
for the above development in accordance with the plan(s) specified in this decision notice and the
particulars given in the application, for the reason(s) listed overleaf in the paper apart. 
Date: 25th May 2022 
Head of Planning and Economic Development 
This permission does not grant any consent for the development that may be required under
other legislation, e.g. Building Warrant or Roads Construction Consent. 
South Lanarkshire Council
Community and Enterprise Resources
Planning and Economic Development     
Application no. 
P/20/0547 
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South Lanarkshire Council 
Refuse planning permission 
Paper apart - Application number: P/20/0547 
Reason(s) for refusal: 
01. The proposal is contrary to Policies 3, 5 and DM1 of the adopted Local Development Plan
2 (2021) as the scale, design and layout of the fence would detract from the established
character of the surrounding built environment and adversely impact upon the established
streetscape in the area.  The proposal will therefore have a significant adverse impact
upon visual amenity in the local area. 
02. The proposal is contrary to Policies 3, 5, and DM1 of the adopted South Lanarkshire
Local Development Plan 2 (2021) as the proposal results in a dominant structure on a
corner site within an open plan residential development resulting in a significant,
detrimental impact on the surrounding streetscene. 
Reason(s) for decision 
The retrospective development is detrimental to both residential and visual amenity and is
therefore contrary to Policies 3, 5 and DM1 of the adopted South Lanarkshire Local Development
Plan 2. 
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Notes to applicant 
Application number: P/20/0547 
Important
The following notes do not form a statutory part of this decision notice. However, it is
recommended that you study them closely as they contain other relevant information. 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
Location Plan 1 Refused  
Site Plan: Existing 1 Refused  
Site Plan: Proposed 1 Refused  
Front Elevation 1 Refused  
Rear Elevation 1 Refused  
Side Elevation 1 Refused  
Side Elevation 1 Refused   
65

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COMMUNITY AND ENTERPRISE RESOURCES
EXECUTIVE DIRECTOR (Interim) David Booth
Planning and Economic Development 
Important notes 
Town and Country Planning (Scotland) Act 1997 
1. Compliance with conditions 
Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section
145), failure to comply with any condition(s) imposed on any planning permission
may result in the service by the Council of a “Breach of Condition Notice” requiring
compliance with the said condition(s). 
There is no right of appeal against such a Notice and failure to comply with the terms
of the Notice within the specified time limit will constitute a summary offence, liable
on summary conviction to a fine not exceeding £1000. 
2. Procedure for appeal to the planning authority 
(a) If the applicant is aggrieved by the decision of the planning authority to refuse
permission for or approval required by a condition in respect of the proposed
development, or to grant permission or approval subject to conditions, the applicant
may require the planning authority to review the case under section 43A of the Town
and Country Planning (Scotland) Act 1997, within three months from the date of this
notice.  The notice of review should be addressed to: 
Executive Director (Corporate Resources)
Council Headquarters
Almada Street
Hamilton
ML3 0AA 
To obtain the appropriate forms: 
Administrative Services at the above address. 
Telephone: 01698 454108
E-mail:   pauline.macrae@southlanarkshire.gov.uk 
(b) If permission to develop land is refused or granted subject to conditions, whether by
the planning authority or by the Scottish Ministers, and the owner of the land claims
that the land has become incapable of reasonably beneficial use in its existing state
and cannot be rendered incapable of reasonably beneficial use by the carrying out
of any development which has been or would be permitted, he may serve on the
planning authority a purchase notice requiring the purchase of his interest in the
land in accordance with Part 5 of the Town and Country Planning (Scotland) Act
1997. 
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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant M Creasey 
Appendix 5  3g
67

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68

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Notice of Review Form
Page 1 of 5
Internal Use 
For official use:  NOR/ _  _  /  _  _  /  _  _  _
Date received by PLRB:  _  _  /  _  _  /  _  _
Notice of Review 
Under Section 43A(8) of The Town and Country Planning (Scotland) Act 1997 (as amended) in
respect of decisions on local developments
The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland)
Regulations 2013
The Town and Country Planning (Appeals) (Scotland) Regulations 2013 
This notice requires to be served on the Planning Authority within 3 months of the date of
the decision notice or from the date of expiry of the period allowed for determining the
application which is set as 2 months following the validation date of the application 
IMPORTANT:  Please read and follow the guidance notes provided when completing this
form.  Failure to supply all the relevant information could invalidate your Notice of Review. 
Please complete in BLOCK CAPITALS 
Applicant(s) 
Name: MARK CREASEY 
Address: 
Postcode:
74 VANCOUVER DRIVE
EAST KILBRIDE 
G75 8LG 
Contact Telephone 1: 07946 471617
Contact Telephone 2: 
Fax No: 
E-mail:* MARKCREASEY1@SKY.COM 
Agent (if any) 
Name: 
Address: 
Postcode: 
Contact Telephone 1: 
Contact Telephone 2: 
Fax No: 
E-mail:* 
Mark this box to confirm that all contact should
be through this representative: 
* Do you agree to correspondence regarding your review being sent by e-mail? 
YE
S  
Application reference number:  P / 2 0 / 0 5 4 7 
Site address: 74 VANCOUVER DRIVE
EAST KILBRIDE  G75 8LG 
Description of
proposed development:  Erection of a boundary fence and associated change of use from
privately owned open space to private garden ground (retrospective) 
Validation date 
of application: 8/6/20  Date of decision (if any): 25/5/22
3g
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Notice of Review Form
Page 2 of 5
Internal Use 
Nature of application 
1. Application for planning permission (including householder application)                       YES 
2. Application for planning permission in principle 
3. Further application (including development that has not yet commenced and where a time
limit has been imposed; renewal of planning permission; and/or modification, variation or
removal of a planning condition) 
4. Application for approval of matters specified in conditions 
Reasons for requesting review 
1.  Refusal of application by appointed officer                                                                 YES 
2.  Failure by appointed officer to determine the application within the period allowed for
determination of the application  
3.  Conditions imposed on consent by appointed officer 
Review procedure 
In cases where the Planning Local Review Body considers that it has sufficient information,
including the Notice of Review, the decision notice, report of handling and any further
representations from interested parties, it may, under Regulation 12, proceed to determine the
review.  It is anticipated that the majority of cases the Planning Local Review Body deals with will
fall into this category. 
The Planning 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 it 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.   
Although the Planning Local Review Body will decide on the procedure to be used to determine
your review, you can indicate what procedure (or combination of procedures) you consider most
appropriate for the handling of your review.  You may tick more than one box if you wish the review
to be conducted by a combination of procedures. 
1. Further written submissions  YES  3. Site inspection 
2. One or more hearing sessions  4. Assessment of review documents only,
with no further procedure 
If you have marked box 1 or 2, please explain here which of the matters (as set out in your
statement below) you believe ought to be subject of that procedure, and why you consider further
submissions or a hearing are necessary: 
NO NEIGHBOUR OBJECTION REGARDING HOW FENCE LOOKED, SO WHAT EVIDENCE WAS
USED TO CONCLUDE “significant adverse impact upon visual amenity in the local area” 
OR “significant detrimental impact on the surrounding streetscene.”? 
Site inspection 
In the event that the Local Review Body decides to inspect the review site, in your opinion: 
1. Can the site be viewed entirely from public land?   YES
Yes  No 
2. Is it possible for the site to be accessed safely, and without barriers to entry?  YES   
If there are reasons why you think the Planning Local Review Body would be unable to undertake
an unaccompanied site inspection, please explain here:  NO 
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Notice of Review Form
Page 3 of 5
Internal Use 
Statement of reasons for requiring the review 
You must state, in full, why you are requesting a review on your application.  Your statement must
set out all matters you consider require to be taken into account in determining your review.  Note:
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 Planning Local Review Body to consider as part of the
review.   
If the Planning Local Review Body issues a notice requesting further information from any other
person or body, you will have a period of 14 days in which to comment on any additional matter
which has been raised by that person or body. 
State here the reasons for your Notice of Review and all matters you wish to raise.  If necessary,
this statement can be continued or provided in full in a separate document.  You may also submit
additional documentation with this form. 
I DO NOT CONSIDER A WOODEN FENCE A “dominant structure” LIKE AN OUTBUILDING OR
BLOCK OF FLATS.   THE OTHER REASON FOR REJECTION WAS “significant adverse impact
upon visual amenity in the local area” BUT I AM NOT AWARE OF ANY OBJECTIONS
REGARDING HOW FENCE LOOKED, SO IS THIS ONE PERSONS’ OPINION AT COUNCIL, AND
I QUESTION THE EVIDENCE FOR THIS CONCLUSION TO REJECT APPLICATION. 
I AM AWARE VERBALLY BY SLC PLANNING OFFICER THERE MAY BE A ROAD SAFETY
ISSUE DUE TO HEIGH OF FENCE.  I NOTE SLC HAVE PAINTED GIVE-WAY LINES NOW AT
JUNCTION WITH ONTARIO PARK, AND AS THE ENCLOSED PHOTO SHOWS THEY ARE
SUFFICIENT SIGHT LINES OF CIRCA 8 CAR LENGTHS OR MORE IF A MOTORIST CHOOSES
TO STOP AT THIS GIVE WAY JUNCTION.   THE FENCE HAS BEEN IN PLACE OVER TWO AND
A HALF YEARS WITH NO EVIDENCE OR RECORDED TRAFFIC INCIDENTS OR NEAR MISSES. 
I CONSIDER MY FENCED SIDE GARDEN TO BE A SAFE AREA FOR MY AUTISTIC CHILD TO
PLAY IN AN EXCLOSED SPACE AWAY FROM TRAFFIC.
“Equality Act OR Section 22 of the children's Act sets out the legal duty of local authority regarding
child safeguarding and to promote the welfare of a child with disabilities.”
WHAT LEGAL “reasonable adjustments” WOULD SLC MAKE IF MY FENCE WAS ORDERED TO
COME DOWN?  IS THE ALTERNATIVE TO MAKE THE PLAYPARK IN MY STREET A SAFE
PLACE WITH HIGH FENCING THE WHOLE WAY ROUND PLAY PARK?    
A PLANNING OFFICER WHO ATTENDED MY ADDRESS IS OF THE OPINION MY FENCE
SURROUNDS THE “FRONT” OF MY HOUSE.  THIS IS CONTRAY TO THE COUNCIL
APPROVED APPLICATION ON P/19/1580 WHERE THE COUNCIL REPEATEDLY
REFERRED TO THIS AREA OF MY PROPERTY BEING “two storey SIDE extension”. 
I WOULD QUESTION PLANNING DEPARTMENT WOULD NOT APPROVE MANY TWO
STOREY EXTENTIONS TO A FRONT OF A HOUSE, SO I FEEL MY FENCE IS NOT
SURROUNDING MY “PRICIPAL ELEVATION” AS THE COUNCIL PREVIOUSLY AGREED
IN APPLICATION P/19/1580, SO THE NATIONAL PERMITTED DEVELOPMENT
GUIDELINES OUGHT BE APPLIED AS THIS BEING A SIDE FENCE AND NOT A FRONT
GARDEN FENCE, OTHERWISE THE PLANNING DEPARTMENT HAVE
CONTRADICTED ITSELF REFERRING TO THIS AREA OF MY GARDEN AS A “SIDE OF
HOUSE” AND NOT A FRONT OF HOUSE, AND NATIONAL DELELOPMENT
GUIDELINES DIFFER FOR WHAT IS ALLOWED AT A SIDE OF A PROPERTY
COMPARED TO A FRONT 
Have you raised any matters which were not before the appointed officer at the time the
determination on your application was made?   YES
Yes  No 
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Notice of Review Form
Page 4 of 5
Internal Use
If yes, you should explain in the box below, why you are raising new material, why it was not raised
with the appointed officer before your application was determined and why you consider it should
now be considered in your review. 
BYRON SHARP PLANNING ENFORCEMENT OFFICER TOOK THE DECISION HIMSELF TO
REMOVE IN MY ORIGINAL APPLICATION SUMMER 2020 ABOUT WELL-BEING NEED FOR
FENCE FOR MY AUTISTIC CHILDS SAFE AREA TO PLAY.   
YOU WOULD NEED ASCERTAIN FROM BYRON SHARP CORRESPONDANCE WHY HE
CHOOSE TO REMOVE THIS DETAIL. WAS BRYON SHARP PERHAPS CONCERNED TO LEGAL
OBLIGATION OF THE COUNCIL REGARDING DISABILITIES? 
PETER HARKIN FROM SLC ALSO ATTENDED SITE AROUND THIS TIME AND WAS AWARE
OF REASON MY FENCE WAS ERECTED. 
I WOULD BE HAPPY TO ACCEPT A PLANNING CONDITION AND TIMESCALE OF 3 OR 5
YEARS FOR TEMPORARY APPROVAL THAT WOULD TO REVIEW IF EVIDENCE OF ROAD
TRAFFIC INCIDENTS MATERIALISED OR IF THE NEEDS OF MY DISABABLE CHILD
CHANGED.   
THIS COULD BE SIMILAR TO WHEN A DISABLED PARKING SPACE IS PROVIDED OUTSIDE A
PREMISES, BUT THAT PROVISION MAY BE REMOVED IF A DISABLED PERSON NO LONGER
LIVED AT THE PROPERTY SOME YEARS LATER. 
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Notice of Review Form
Page 5 of 5
Internal Use 
List of documents and evidence 
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. 
PHOTO ENCLOSED OF STREET SCENE OF MY FENCE AND SHOWING SIGHT LINES OF
TRAFFIC APPROACHING FROM THE LEFT WHEN A VEHICLE STOPS AT THE GIVE-WAY
JUNCTION. 
Note:  A copy of the Notice of Review, the review documents and any notice of the procedure of the
review will be made available for inspection by prior appointment (Phone: 08457 406080) at the
office of Planning and Building Standards Services, Montrose House, 154 Montrose Crescent,
Hamilton ML3 6LB until such time as the review is determined.  It may also be made available on
the Council’s website. 
Checklist 
Please mark the appropriate boxes to confirm that you have provided all supporting documents and
evidence relevant to your review: 
YES    Full completion of all parts of this form 
YES.   Statement of your reasons for requiring a review 
YES.   2 copies of all documents, materials and evidence which you intend to rely on (eg
planning application form, plans and drawings, decision notice or other documents) which are
now the subject of this review. 
Note. Where the review relates to a further application, eg 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 from that earlier consent. 
Declaration 
I the applicant/agent [delete as appropriate] hereby serve notice on the planning authority to
review the application as set out on this form and in the supporting documents. 
Signed: MARK CREASEY  Date: 25/8/2022 
This form and 2 copies of all supporting documents should be sent to:- 
Planning and Building Standards Services
Community and Enterprise Resources, Montrose House, 154 Montrose Crescent,
Hamilton ML3 6LB 
Email: planning@southlanarkshire.gov.uk 
Phone:  08457 406080 
For more information or if you want this information in a different format or language,
please phone 01698 455379 or send email to planning@southlanarkshire.gov.uk
For official use 
Date stamp) 
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74

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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review
 S Symington, by email 
Appendix 6  3h
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76

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STATEMENT OF OBSERVATIONS 
Planning Application No. P/20/0547
Erection of a boundary fence and associated change of use from privately owned
open space to private garden ground (retrospective)
74 Vancouver Drive, East Kilbride, G75 8LG 
1.0 Planning Background
1.1 A retrospective planning application was submitted for a 1.8m high boundary fence
at 74 Vancouver Drive, East Kilbride. Following due consideration of the proposals,
including consulting with the Roads and Transportation Services (Development
Management Team) the planning application was refused by the Council under
delegated powers on 25th May 2022. The report of handling sets out the decision
and the reasons for refusal are listed in the decision notice. This document is
available elsewhere within the papers. 
1.2 The application site is located within the Westwood area of East Kilbride and is
bounded by housing to the north and east. The southern boundary is located on
Vancouver Drive and western boundary is located on Ontario Park. The land was
originally considered to comprise part of an area of informal public open space as
well as a private garden, but the applicant has stated that they are the owner of the
whole application site. As the applicant stated that this area was also privately
owned there is no change of use involved as part of the proposals and therefore the
assessment focussed solely on the fence that has been erected. 
1.3 The fence encloses an area of private land located forward of, and to the side of,
the principal elevation of the dwellinghouse. The fence is of a timber construction
with single vertical slats. Most of the fence has been built on the property boundary
with a small section returning at the driveway. Furthermore, as the property has
boundaries on Vancouver Drive and Ontario Park, the fence has been erected near
the junction between the two roads. 
2.0 Assessment against the development plan and other relevant policies 
2.1 Section 25 of the Town and 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. 
2.2 In terms of the South Lanarkshire Local Development Plan 2 (adopted 2021), the
following policies are applicable: 
• Policy 2: Climate Change 
• Policy 3: General Urban Areas and Settlements
• Policy 5: Development Management and Placemaking 
• Policy DM1: New development design 
2.3 The application site is designated as being within a general urban area in the
adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). As such,
Policy 3 advises developments which would be detrimental to the amenity of
3h
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residents and the wider community or to the character of the surrounding area will
not be permitted. Developments particularly ‘bad neighbour’ uses which by virtue of
visual impact, noise, smell, air pollution, disturbance, traffic, or public safety will not
be permitted if they are detrimental to the amenity of residents. Each proposal will
be judged on its own merits with particular consideration given to the impact on the
amenity of the area, proposed servicing and parking arrangements and where
appropriate an assessment of the contribution of the proposal to meet an identified
local need. 
2.4 Policy 2 - Climate change of SLLDP2 requires new development where possible to
seek to minimise and mitigate against the effects of climate change. It is noted that
the retrospective proposal does not involve any large scale construction and has
been constructed with a sustainable building material. It is therefore not considered
to have a significant detrimental impact upon the water and soils environment nor
biodiversity. 
2.5 Policy 5 - Development management and placemaking states that development
proposals should take account of and be integrated within the local context and built
form. Development proposals should have no significant adverse impacts on the
local community and there should be no significant adverse impact on adjacent
buildings in terms of layout, scale, massing, design, external materials or amenity
as well as no adverse implications for public safety.  This policy is further supported
within SLLDP2 Policy DM1 – Design. 
2.6 In assessment, it is noted that an area of open front curtilage has been retained
between the dwellinghouse and the road. However, the proposal results in the loss
of a large area of open space within the front curtilage, along the boundary of
Vancouver Drive (west of the dwellinghouse). Furthermore, the proposal extends
along the boundary on Ontario Park into a position forward of the principal elevation
of the neighbouring property on Ontario Park. This disrupts the established open
plan design of properties on Vancouver Drive and at the southern end of Ontario
Park. Furthermore, due to the layout and scale of the proposal and its prominent
position on the corner at the road junction, the proposal is considered to have a
dominant impact on the street scene and to be detrimental to the visual amenity of
the area. In considering the above, the proposal does not respect the character of
the adjacent and surrounding development and does not integrate within the local
context. 
2.7 Roads and Transportation Services were consulted and, in their response, the
Roads Department have stated that the required viability splay for the private
driveway maybe achievable however, they have stated that the visibility splay at the
driveway does not currently meet the required standards and that nothing over
900mm in height is permitted to meet the required visibility splay standard. 
2.8 It was therefore considered that the location of the fence on a corner plot resulted in
a structure that dominates the street scene and is not in keeping with the
surrounding area. The fence is incongruous to the open plan nature of the
surrounding area resulting in a negative visual impact. The fence, in its current form
does not provide the required visibility splays expected for a private driveway. It is
therefore considered that the fence is contrary to SLLDP2 Policies 3, 5 and DM1.
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2.9 In conclusion, following a detailed assessment of the proposals it was considered
that the fence had a significant detrimental impact on visual amenity as a result of
its layout, scale and positioning, and will be detrimental to public safety as a result
of poor visibility at the driveway. In this regard the proposal was therefore not
deemed to be in accordance with Policies 3, 5 and DM1 of the adopted South
Lanarkshire Local Development Plan 2 (2021). 
3.0 Observations on applicants Notice of Review 
3.1 The applicants have submitted a statement to support their review.  The grounds
are summarised below: 
(a) I do not consider a wooden fence a “dominant structure” like an
outbuilding or a block of flats.
Response:  Whilst a fence is not automatically a dominant structure, in this
instance the location and scale of the fence on two public frontages is
considered to result in it dominating the surrounding streetscene. 
(b) The other reason for rejection was “significant adverse impact upon
visual amenity in the local area” but I am not aware of any objections
regarding how fence looked, so is this one persons’ opinion at Council,
and I question the evidence for this conclusion to reject application. 
Response:  The proposals are assessed against the policy criteria set out
within the adopted South Lanarkshire Local Development Plan2 (2021) and
are the views of the Planning Office, not an individual. 
(c) I am aware verbally by SLC Planning Officer there may be a road safety
issue due to the height of the fence. I note SLC have painted give way
lines now at junction with Ontario Park, and as impact the enclosed
photos shows they are sufficient sightlines of circa 8 car lengths or
more if a motorist chooses to stop at this give way junction.  The fence
has been in place over two and a half years with no evidence or
recorded traffic incidents or near misses.
Response: Roads and Transportation Services (DM Team) raised concerns
regarding the entrance in the property’s driveway in their consultation
response. These were the only noted concerns linked to road safety with
Roads and Transportation Services response stating, ‘With regards to
visibility at the driveway, the required visibility splay of 2m x 35m is not
achievable with the current fence design’. 
(d) Whilst I consider my fenced side garden to be a safe area for my
autistic child to play in an enclosed space away from traffic. “Equality
Act OR Section 22 of the Children's Act sets out the legal duty of local
authority regarding child safeguarding and to promote the welfare of a
child with disabilities.”
What legal “reasonable adjustments” would SLC make if my fence was
ordered to come down? Is the alternative to make the playpark in my
street a safe place with high fencing the whole way round play park?
Response: Planning permission and controls are concerned with the use of
land rather than the identity of the user. In this instance a fence of 1 metre in
height could be installed as “permitted development” and therefore benefit
from planning permission without the need for an application. 
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(e) Planning Officer who attended my address is of the opinion my fence
surrounds the front of my house. This is contrary to the Council
approved application on P/19/1580 where the Council repeatedly
referred to this area of my property being “two storey side extension”.
Response:  The application referenced is for a two-storey extension to the
side of the existing dwellinghouse. The extension is fully in line with the gable
of the house and does not run forward of the building line. It was therefore
correctly described as a “side extension”. The fence is located forward of the
dwellinghouses building line and is not in the same location as the extension
that was approved. 
(f) I feel my fence is not surrounding my “principal elevation” as the
Council previously agreed in application P/19/1580, so the national
Permitted Development Guidelines ought to be applied as being a side
fence and not a front fence.
Response:  The fence is in part on the principal elevation of the
dwellinghouse as well as on a public corner that fronts a road (Ontario Park).
The fence, due to its height cannot benefit from permitted development as it
fronts both Vancouver Drive and Ontario Park. As noted in (d) above, if the
fence was up to a metre in height it would benefit from permitted
development. The relevant class of Permitted Development is Class 3E. “The
erection, construction, maintenance, improvement or alteration of any gate,
fence, wall or other means of enclosure any part of which would be within or
would bound the curtilage of a dwellinghouse” which states that development
is not permitted if: 
(2) b) any part of the resulting gate, fence, wall or other means of enclosure
would exceed one metre in height where it— (i) fronts a road; or (ii) extends
beyond the line of the wall of the principal elevation or side elevation that is
nearest a road.   
(g) There is no public note regarding my personal circumstances on the
file.
Response:  Sensitive material relating to personal circumstances are not
published as part of a public planning application, but it was noted on the file
for internal viewing. As noted in (d) the planning assessment is with the use
of land rather than the identity or circumstances of the user. 
(h) I would accept a temporary planning consent for the fence.
Response:  It was considered that the visual impact of the fence is of a
scale that it would not be acceptable for a temporary period and may lead to
an undesirable precedent within the locale. As noted, a fence of 1 metre in
height could be installed through permitted development without the need for
an application for planning permission. 
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4.0 Conclusions 
4.1 In summary, the proposed development does not accord with the provisions of the
adopted Local Development Plan 2 relating to Policies 3, 5 and DM1.  In addition,
there are no material considerations which outweigh the provisions of the
development plan. It is therefore respectfully requested that the Review Body refuse
planning permission for the retrospective proposal. 
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From:
To:
Subject:
Date:
Sarah Knox
McLeod, Stuart
P/20/0547
18 September 2022 21:36:37
Further to my previous email regarding the above retrospective planning appeal. I'm
having trouble understanding the planning process as previously the application has been
refused as it is" detrimental to both residential and visual amenity and is therefore contrary
to Policies 3,5 and DM1 of the adopted South Lanarkshire Local Development Plan 2. No
changes have been made to the development so I would think that it is still contrary to the
Policies above. If this is not the case please explain to me why.
Kind regards
Sarah
3h
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 21 November 2022
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/21/1639 for Erection of
Outbuilding within the Rear Curtilage of End Terrace
House and an Associated Change of Use from Private
Recreational Garden Space to Commercial
Hairdressing Business (Retrospective) at 5 Kenmar
Terrace, Hamilton 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the decision taken by officers, in terms of the Scheme of Delegation, on the
following application:-
[purpose]
1.2. Summary Application Information 
Application Type: Detailed Planning Application 
Applicant: L Marshall (formerly L Grattan) 
Proposal: Erection of outbuilding within the rear curtilage of end terrace
house and an associated change of use from private
recreational garden space to commercial hairdressing
business (retrospective)
Location:   5 Kenmar Terrace, Hamilton, ML3 0LT
Council Area/Ward: 17 Hamilton North and East 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to
determine the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the
review, consider:-
4
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(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
[1recs]
3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred
to Area Committees or the Planning Committee for a decision.   
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body. 
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for
requiring a review of the determination in respect of their application.  (Refer
Appendix 5) 
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as
follows:- 
X 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 review of the decision taken by officers:- 
 Planning Application Form (Appendix 1)
 Report of Handling by the Planning Officer under the Scheme of Delegation
(Appendix 2(a))
 Copies of submissions from consultees (Appendix 2(b))
 Copies of representations (Appendix 2(c))
 Site photographs and location plan (Appendix 3)
 Decision notice (Appendix 4)
 Notice of Review including statement of reasons for requiring the review
(Appendix 5)
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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. 4 further representations were received, including a Statement of Observations from
the Planning Officer on the applicant’s Notice of Review, in the course of the 14 day
period from the date on which notification of the request for a review of the case was
given.  These are listed at and attached as Appendix 6. 
6.2 The applicant had the opportunity to comment on the further representations
received.  Comments from the applicant are contained in the submissions attached
as Appendix 7. 
Paul Manning
Executive Director (Finance and Corporate Resources) 
8 November 2022 
Link(s) to Council Values/Priorities/Outcomes
 We will work towards a sustainable future in sustainable places
 Good quality, suitable and sustainable places to live
 Thriving business, fair jobs and vibrant town centres
 Caring, connected, sustainable communities
 Accountable, effective, efficient and transparent 
Previous References
 None 
List of Background Papers
 Guide to the Planning Local Review Body 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Stuart McLeod, Administration Officer
Ext:  4815  (Tel:  07385 370 117)
E-mail:  stuart.mcleod@southlanarkshire.gov.uk
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Planning Application Form 
Appendix 1  4a
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4a
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Report of Handling 
Report dated 13 June 2022 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2(a)  4b
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Reference no. P/21/1639
Delegated Report   
Date 13 June 2022 
Planning proposal: Erection of outbuilding within the rear curtilage of end terrace house and an
associated change of use from private recreational garden space to
commercial hairdressing business (retrospective) 
Location:  5 Kenmar Terrace
Hamilton
ML3 0LT 
Application
Type : 
Detailed planning application   
Applicant :  Ms Leanne Grattan    
Location :   5 Kenmar Terrace
Hamilton
ML3 0LT 
Decision:  Application refused 
Report by: HQ Manager (Planning & Building Standards) 
Policy reference:  
South Lanarkshire Local Development Plan 2 (adopted 2021)  
Policy 2 Climate Change
SLDP2: Policy 3 General Urban Areas
SLDP2: Policy 5 Development Management and Placemaking
Placemaking
SLDP2: Policy DM12 Working from Home 
Assessment
Impact on privacy? No
Impact on sunlight/daylight? No
Impact on amenity? No
Traffic issues? No
Adheres to development plan policy? No
Adverse comments from consultees? No 
Consultations 
Environmental Services 
Roads Development Management
Team 
4b
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Representation(s): 
► 10 Objection letters
► 0 Support letters
► 1 Comment letters 
Planning Application Delegated Report 
1 Application Summary 
1.1 The applicant seeks detailed planning consent for the erection of an outbuilding in the
rear curtilage of a domestic property for use as a commercial hairdressing business. The
property is an end of row property of 4 houses within an established residential area of
Hamilton. The street is a cul-de-sac and is therefore not a thoroughfare for any other
traffic other than residents. 
1.2 The application is in retrospect and the outbuilding has been constructed using timber
with patio doors at the front elevation. The hairdressing use proposed is to operate on a
Wednesday, Thursday, Friday and Saturday with approximately 3 – 4 clients a day. 
2 Background 
2.1 Local Plan Status 
2.1.1 South Lanarkshire Local Development Plan 2 (SLLDP2)   
SLLDP2 was formally adopted on 09 April 2021 and now supersedes the former Local
Development Plan. For the purposes of determining planning applications the Council will
therefore assess proposals against the policies contained within the newly adopted
SLLDP2. In this regard the application site and associated proposal is affected by the
following policies contained in SLLDP2: 
• Policy 2 Climate Change
• SLDP2: Policy 3 General Urban Areas
• SLDP2: Policy 5 Development Management and Placemaking
• Placemaking
• SLDP2: Policy DM12 Working from Home 
2.2 Planning History 
2.2.1 There is no relevant planning history for the site. 
3 Consultations 
3.1 Roads (Development Management Team) – a 3 bed room house with a hairdressing
business requires at least 3 off-street car parking spaces and note that 3 car parking
spaces are available at the property. Have no objections 
Response:  Noted. 
3.2 Environmental Services – have no objections to the proposals subject to advisory notes
relating to Health and Safety at Work Act, action regarding nuisance and contamination
are placed on any planning permission, if issued.
Response:  Noted.
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4 Representation(s)
4.1 Following the statutory neighbour notification of the application, 10 letters of objection
from 9 separate parties have been received with the following concerns: 
a)  Noise levels from operation of hair salon
Response: Environmental Services have not raised any concerns as part of their
consultation response but have requested that an advisory regarding noise nuisance
would be required to be placed on any planning permission if granted. A detailed
assessment of the proposals impact on the surrounding amenity of the area is contained
in 5 below. 
b) Road safety, including access problems for emergency vehicles and lack of
parking in street.
Response: These concerns are noted, however the consultation response from the
Council’s Roads Development Management Team raises no objections to the proposals. 
c) Privacy Issues with clients looking into neighbouring properties and influx of
visitors to area
Response: Noted. A detailed assessment of the proposals impact on the surrounding
amenity, including privacy, of the area is contained in 5 below. 
d)  Late night, evening activity
Response: The application submission states working hours would be until 5pm only,
however this concern is addressed within the assessment and conclusion section below 
f)   Impact on property values
Response: This matter is not a material consideration and cannot be taken into
consideration when assessing a planning application. 
g)  Title Deeds say the house cannot be used for a commercial business
Response: This is a private civil matter that does not fall within the remit of the Planning
System. 
h)  Police required to visit the area due to the use
Response: No further information has been given regarding this concern and there is no
tangible evidence in relation to the planning assessment that the business would result in
the requirement of police visits 
i)   Lack of Health and Safety and insurance
Response: These matters would not be a material consideration to the assessment of a
planning application and would be separate matters that the applicant would be required
to ensure they were in compliance with. 
j)  Attempts to rent salon out for additional use
Response: The application state that the hairdressing use is for 4 days a week only. The
application is therefore assessed on this basis. 
k)  Working during Covid-19 Lockdown
Response: This has no relevance to the assessment of this planning application. 
4.2 It is noted that a 25-signature petition was submitted to the Council’s Enforcement Team
prior to the application being submitted. The petition highlighted the unauthorised
operation was being undertaken and was one of the factors that led to the Enforcement
Team taking action that has resulted in the submission of this application.
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5 Assessment and Conclusions 
5.1 The applicant seeks retrospective planning permission for the erection of an outbuilding
within the rear curtilage of a detached dwellinghouse and its use as a commercial
hairdresser. 
5.2 The application site is designated as being within a general urban area in the adopted
South Lanarkshire Local Development Plan 2 2021 (SLLDP2). As such, Policy 3 advises
developments will be judged on its own merits with particular consideration given to the
impact on the amenity of the area, proposed servicing and parking arrangements and
where appropriate an assessment of the contribution of the proposal to meet an identified
local need. Developments which are considered to be detrimental to the amenity of
residents and the wider community or to the character of the surrounding area will not be
permitted. Developments which by virtue of any visual impact, noise, smell, air pollution,
disturbance, traffic or public safety will not be permitted if they are detrimental to the
amenity of residents. 
5.3 Policy 2 - Climate change of SLLDP2 requires new development where possible to seek
to minimize and mitigate against the effects of climate change. It is noted that the
retrospective proposal does not involve any large-scale construction. It is therefore not
considered to have a significant detrimental impact upon the water and soils environment
nor biodiversity. 
5.4 Policy 5 - Development management and placemaking states that development proposals
should take account of and be integrated within the local context and built form.
Development proposals should have no significant adverse impacts on the local
community and there should be no significant adverse impact on adjacent buildings in
terms of layout, scale, massing, design, external materials or amenity as well as no
adverse implications for public safety.  This policy is further supported within SLLDP2
Policy DM1 New Development Design. 
5.5 Policy DM12 - Working from Home states that there should be no adverse impact on the
residential amenity of neighbouring properties in terms of noise, disturbance, smell and
dirt generated by the business or by members of the public visiting the premises. There
should be no adverse impact on traffic or public safety resulting from traffic generated by
the proposed use and satisfactory provision for car-parking and servicing is in place. 
5.6 It is considered that the design, scale and siting of the outbuilding is in keeping with the
domestic garden in which it sits and generally with the surrounding area. The outbuilding
is of a scale that is suitable within the rear garden of a property of this nature. The
materials used are again in keeping. The outbuilding has no windows on any elevation
other than the front looking southward. The orientation of the windows, the distance they
are form any neighbouring property and that the outbuilding is not elevated ensures that
the design of the outbuilding does create any level of significant overlooking within the
surrounding area. 
5.7 It is considered that whilst the design and siting of the outbuilding may be considered
acceptable within a domestic setting, the use of the outbuilding as a commercial
hairdresser is considered not to be compatible within the surrounding residential area.
They result in introducing visitors into a quiet residential cul-de-sac approximately 3 to 4
times a day, four days a week, including on a weekend. It is considered that as the street
is not a thoroughfare, the current amenity and character of the street is that of one serving
only its residents. It is therefore considered that the introduction of a commercial business
with visiting customers is not in keeping with the character of the locale and introduces
disharmony into the existing amenity of the street. The introduction of a significant amount
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of activity in proportion to a small cul-de-sac of this nature is not considered to be of a
scale that is acceptable on the character of the area. Whilst Roads (Development
Management Team) have no objections to the proposals in terms of road safety or
parking, this does not take account the impact the level of activity associated with the use
in terms of cars reversing, doors opening closing etc. It is noted that Environmental
Services have no objections to the proposals but have requested an advisory note to be
added in relation to their response not precluding formal action being taken against the
person responsible for any nuisance which may arise due to the operation of the
proposed development. 
5.8 It is therefore considered that the location of the site in a quiet and small cul-de-sac is not
an appropriate location for a business of this nature. The level of activity and visiting
associated with the business introduces a significant level of disamenity into the area
which has an unacceptable detrimental impact upon the character of the area. As such
the application cannot be supported. 
5.9 In conclusion, whilst acknowledged that the design and siting of the outbuilding is in
keeping with the area and does not impinge upon the amenity of surrounding neighbours
per se, it’s use as a commercial hairdressing business is not considered acceptable within
the area and has a detrimental impact upon the amenity of neighbours. In view of this, it is
considered that the proposals cannot be supported and that planning permission be
refused as the proposal is contrary to Policies 3, 5 DM1 and DM12 of the adopted South
Lanarkshire Local Development Plan 2 as it would have an adverse impact on the
amenity and character of the area. 
4 Reason for decision 
4.1 The development introduces a level of activity that is detrimental to the amenity of the
area and is not in keeping with the character of the locale and as such is contrary to
Policies 3, 5, DM1 and DM12 of the adopted South Lanarkshire Local Development Plan
2 (2021). 
Delegating officer:   Tony Finn 
Date:    13 June 2022 
Previous references
 None   
List of background papers
► Application Form
► Application Plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
► Neighbour notification letter dated 18.02.2022  
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► Consultations 
Environmental Services 31.01.2022 
Roads Development Management Team 31.01.2022 
► Representations 
Mr Andrew Herron, 7 Kenmar Terrace, Hamilton, ML3 0LT, ,  Dated: 
15.12.2021 
Mr Andrew Herron, 7 kenmar terrace, Hamilton, Glasgow, ML3 0LT,  Dated: 
28.02.2022 
Miss Theresa Gallacher, 15 kenmar terrace, Whitehill, Hamilton, ML3
0LT, 
Dated: 
28.02.2022 
Ms Arlene Mccrory, 34 Kenmar road, Hamilton, Ml30jj, ,  Dated: 
11.03.2022 
Mrs Lee Morgan, 3, Kenmar Terrace, Hamilton, ML3 0LT,  Dated: 
11.03.2022 
Doreen Nicoll, Sent Via Email, , , ,  Dated: 
14.03.2022 
Mr Frank Rooney, 11 Kenmar Terrace, Hamilton, ML3 0LT, ,  Dated: 
10.03.2022 
Pamela Sneddon, Sent Via Email, , , ,  Dated: 
07.03.2022 
Miss Michelle McCluskey, 7 Kenmar Terrace, Hamilton, ML3 0LT, ,  Dated: 
07.03.2022 
Miss Hannah  Pate, 16 Baltersan Gardens, Hamilton, ML3 7QW, ,  Dated: 
09.03.2022    
Mr Jude Herron, 7 Kenmar Terrace, Hamilton, ML3 0LT, ,  Dated: 
09.03.2022 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
James Wright, Planning officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 455903   
Email: james.wright@southlanarkshire.gov.uk  
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Planning Application
Application number:  P/21/1639 
Reasons for refusal 
01. The proposal is contrary to Policies 3, 5, DM5 and DM12 of the adopted South
Lanarkshire Local Development Plan 2 (2021) as the commercial business  would detract
from the established character of the surrounding locale and adversely impact upon the
established amenity of the area.  The proposal will therefore have a significant adverse
impact upon residential amenity in the local area. 
Reason(s) for decision
The development introduces a level of activity that is detrimental to the amenity of the area and is
not inkeeping with the character of the locale and as such is contrary to Policies 3, 5, DM1 and
DM12 of the adopted South Lanarkshire Local Development Plan 2 (2021). 
Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
Location Plan  Refused  
Block Plan  Refused  
Floor Plan  Refused  
Front Elevation  Refused  
East Side Elevation  Refused  
Front (South) Elevation  Refused  
West Side Elevation  Refused     
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Consultation Responses 
 Response dated 28 January 2022 from Environmental Services
 Response dated 31 January 2022 from Roads and Transportation Services 
Appendix 2(b)  4c
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Community & Enterprise Resources
Executive Director Michael McGlynn
Fleet and Environmental Services
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB Phone: 08457 406080
Minicom: 01698 454039 Email: kaye.venner@southlanarkshire.gcsx.gov.uk                                   
To:  Planning & Building Standards Services  Our Ref. KAV/458522
Your Ref. P/21/1639
If Calling Ask for Kaye Venner
CC:  Phone 07795455061
From: Kaye Venner Date. 28 January 2022     
Subject: Application Ref: P/21/1639 
Address: 5 Kenmar Terrace
Hamilton
South Lanarkshire
ML3 0LT                                                                     
Proposed Development: Erection an outbuilding within the rear curtilage of a
end terrace 
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; 
ADV NOTE 1. Commercial Premises: Health & Safety at Work Act 1974 etc
The applicant is advised that as the premises will be used for commercial purposes, the
Health & Safety at Work Act 1974 and Regulations made thereunder will apply. The applicant
is advised to contact Environmental Services at an early stage of the project, to ensure
compliance with current legislation, so that difficulties do not arise when the development is
operational. 
Environmental Services, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB. 
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 ES11: Contamination - Caution
Although the proposed development area is not on the Council’s prioritised list of potentially
contaminated land sites, it is recommended that an Action Plan is prepared in advance of
works commencing, to guide staff in the event that any contamination is encountered during
construction. This Plan will require the Planning Authority to be advised immediately if
contamination is suspected. 
Should you require any further information, please contact Kaye Venner. 
Kaye Venner
Technical Officer
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Community and Enterprise Resources
Executive Director Michael McGlynn
Roads and Transportation Services – Transportation Engineering 
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB 
Email: enterprise.hq@southlanarkshire.gov.uk  
To:  Planning and Economic
Development
Planning Application No: P/21/1639  
Case Officer: Lauren Love
From: Development Management 
Roads and Transportation Services
Contact: Mark Wilkie
Date: 31 January 2022    
Subject: OBSERVATIONS ON PLANNING APPLICATION P/21/1639
Location: 5 Kenmar Terrace, Hamilton 
I refer to the above application for the erection of outbuilding within the rear curtilage of end terrace house
and an associated change of use from private recreational garden space to commercial hairdressing
business. 
Access would be taken onto Kenmar Terrace via a widened existing private access.  There is adequate
visibility of 2m x 43m onto Kenmar Terrace.  The widening would require a Road Opening Permit under S.56
of the Roads (Scotland) Act.  The first 4m of the access should be constructed in hardstanding, to prevent
spillage of deleterious material onto the public road. 
For a 3-bed house plus hairdressing business, at least 3 off-street car parking spaces are required.  3 car
parking spaces are available, which is acceptable. 
This service would wish to support this application. 
Engineering Manager 
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Representations 
Representation From Dated
 Theresa Gallacher, by email 28/02/22
 Andrew Herron, by email 28/02/22
 Pamela Sneddon, by email 03/03/22
 Michelle McCluskey, by email 07/03/22
 Hannah Pate, by email 09/03/22
 Jude Herron, by email 09/03/22
 Frank Rooney, by email 10/03/22
 Lee Morgan, by email 11/03/22
 Arlene McCrory, by email 11/03/22
 Petition Various 
Appendix 2(c)  4d
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Site photographs and location plan 
Appendix 3  4e
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Photo 1  
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Photo 2 
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Planning Decision Notice and Reasons for Refusal 
Appendix 4  4f
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Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Email james.wright@southlanarkshire.gov.uk Phone: 01698 455903 
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services 
Ms Leanne  Grattan
5 Kenmar Terrace
Hamilton
ML3 0LT 
Our Ref: P/21/1639
Your Ref: 
If calling ask for: James Wright
Date: 13 June 2022 
Dear Sir/Madam 
Proposal: Erection of outbuilding within the rear curtilage of end terrace house
and an associated change of use from private recreational garden
space to commercial hairdressing business (retrospective)
Site address: 5 Kenmar Terrace, Hamilton, ML3 0LT, 
Application no: P/21/1639 
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at www.southlanarkshire.gov.uk 
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused. 
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal. 
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact James Wright on 01698 455903 
The Planning Service is undertaking a Customer Satisfaction Survey in order to obtain feedback
about how we can best improve our Service to reflect the needs of our customers. The link to the
survey can be found here: 
If you were the applicant: http://tinyurl.com/nrtgmy6 
If you were the agent: http://tinyurl.com/od26p6g 
We would be grateful if you would take a few minutes to answer the questions in the survey
based on your experience of dealing with the Planning Service in the past 12 months.  We value
your opinion and your comments will help us to enhance areas where we are performing well, but
will also show us where there are areas of the service that need to be improved.
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I do hope you can take part in this Customer Survey and look forward to receiving your
comments in the near future. If you prefer to complete a paper version of the survey, please
contact us by telephone on 0303 123 1015, selecting option 7, quoting the application number.
We will send you a copy of the survey and a pre-paid envelope to return it. 
Yours faithfully 
Head of Planning and Economic Development 
Enc:
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006 
To: Ms Leanne  Grattan  Per:    
5 Kenmar Terrace,
Hamilton, ML3 0LT, 
With reference to your application received on 06.09.2021 for planning permission under the
above mentioned Act: 
Description of proposed development: 
Erection of outbuilding within the rear curtilage of end terrace house and an
associated change of use from private recreational garden space to
commercial hairdressing business (retrospective) 
Site location: 
5 Kenmar Terrace, Hamilton, ML3 0LT,   
SOUTH LANARKSHIRE COUNCIL in exercise of their powers under the above mentioned Act
hereby: 
REFUSE PLANNING PERMISSION 
for the above development in accordance with the plan(s) specified in this decision notice and the
particulars given in the application, for the reason(s) listed overleaf in the paper apart. 
Date: 13th June 2022 
Head of Planning and Economic Development 
This permission does not grant any consent for the development that may be required under
other legislation, e.g. Building Warrant or Roads Construction Consent. 
South Lanarkshire Council
Community and Enterprise Resources
Planning and Economic Development   
Application no.
P/21/1639 
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South Lanarkshire Council 
Refuse planning permission 
Paper apart - Application number: P/21/1639 
Reason(s) for refusal: 
01. The proposal is contrary to Policies 3, 5, DM5 and DM12 of the adopted South
Lanarkshire Local Development Plan 2 (2021) as the commercial business  would detract
from the established character of the surrounding locale and adversely impact upon the
established amenity of the area.  The proposal will therefore have a significant adverse
impact upon residential amenity in the local area. 
Reason(s) for decision 
The development introduces a level of activity that is detrimental to the amenity of the area and is
not inkeeping with the character of the locale and as such is contrary to Policies 3, 5, DM1 and
DM12 of the adopted South Lanarkshire Local Development Plan 2 (2021). 
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Notes to applicant 
Application number: P/21/1639 
Important
The following notes do not form a statutory part of this decision notice. However, it is
recommended that you study them closely as they contain other relevant information. 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
Location Plan  Refused  
Block Plan  Refused  
Floor Plan  Refused  
Front Elevation  Refused  
East Side Elevation  Refused  
Front (South) Elevation  Refused  
West Side Elevation  Refused 
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COMMUNITY AND ENTERPRISE RESOURCES
Executive Director David Booth
Planning and Economic Development 
Important notes 
Town and Country Planning (Scotland) Act 1997 
1. Compliance with conditions 
Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section
145), failure to comply with any condition(s) imposed on any planning permission may
result in the service by the Council of a “Breach of Condition Notice” requiring compliance
with the said condition(s). 
There is no right of appeal against such a Notice and failure to comply with the terms of
the Notice within the specified time limit will constitute a summary offence, liable on
summary conviction to a fine not exceeding £1000. 
2. Procedure for appeal to the planning authority 
(a) If the applicant is aggrieved by the decision of the planning authority to refuse permission
for or approval required by a condition in respect of the proposed development, or to
grant permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997, within three months from the date of this notice.  The notice of
review should be addressed to: 
Executive Director (Corporate Resources)
Council Headquarters
Almada Street
Hamilton
ML3 0AA 
To obtain the appropriate forms: 
Administrative Services at the above address. 
Telephone: 01698 454108
E-mail:   pauline.macrae@southlanarkshire.gov.uk 
(b) If permission to develop land is refused or granted subject to conditions, whether by the
planning authority or by the Scottish Ministers, and the owner of the land claims that the
land has become incapable of reasonably beneficial use in its existing state and cannot
be rendered incapable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the planning
authority a purchase notice requiring the purchase of his interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant L Marshall
(formerly L Grattan) 
Appendix 5  4g
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Appeal for planning permission 
P/21/1639
5 Kenmar Terrace
Hamilton
ML3 0LT
Personal statement from leanne Marshall
I would like to take this opportunity to thank you for giving me the right to appeal. I
know it must be difficult for you having to make these tough decisions, and each case must be
so different. I can’t imagine the backlog of work you have to get through after the past 2
years, so I really appreciate you taking the time to look and read through my situation.
I admit to you now I have been wrong. It is my responsibility to check everything that
came along with building my salon. And mine only. Yes I trusted my neighbour to build my
salon compliant and legally. Yes I believed I didn’t need planning permission. I was naive. But
being naive is not an excuse. And the last thing I want to do is make you read a bunch of
excuses, so I won’t add any in! I will however apologise now. For if I had done things the
correct way from the beginning, you would have one thing less to do in your busy day, and
time for a cup of tea!
My passion is my career, I love helping people. Wether that be with their mental health,
or appearance. Often in my line of work, it’s both. I take pride in my work and absolutely
love my job. Working from home has given me time to support my husband and daughter at a
very difficult time in our lives. I am very proud that I can show my daughter a good work
ethic for her future. 
I think I speak for a lot of people when I say the past two years have been extremely
challenging. I’m sure you have had your own struggles during these difficult times too, I hope
they have passed for you. I have found it mostly challenging with being a close contact service,
between the year of 2020-2022 at least 50% of the time unable to work due to covid
restrictions. I was not entitled to any extra help financially, so we made it through solely on
my husbands wage.
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Serval months after the wooden structure was completed all neighbours were very
supportive and visited me for hair appointments, particularly my elderly neighbour who tends
pop his head in and see if I can give him a quick trim. Summer was approaching so we used
the shed along side our house. It is not only used for me to work in. But to also provide a place
for my daughter to play with her friends and family. We use it along side our house for toilet
trips to the dwelling, birthday parties, family get togethers Christmas dinner as my father in
law can’t manage stairs. We were able to invite him for dinner It is perfect for privacy. 
The wooden shed has brought a lot of joy to our family. I like to use the shed for yoga
on my own or with friends, my daughter finds it a great place to focus on her homework as
there is no distractions.
DETAILS OF WORKING PATTERNING 
I work solely on my own with no staff, offering a one to one basis on each service giving
a more personal experience to each client.
Working hours 
Wednesday 9am to 5pm
Thursday 9am to 3pm
Friday 9am to 5pm 
Saturday 9am to 3pm
Duration of each service taken for each client
Colour cut and blow-dry 3-4 hours
Colour and extension 4-5 hours 
Cut and blow dry 1 hour
Most Saturdays I could be out with working at wedding venues doing bridal hair. 
During working hours I also volunteer at connect to renewables helping young adults
with working skills. There is no set days for this but should be considered with working hours
provided.
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Hours of business is respectful to sociable hours,  and are sympathetic to the area not
before 9am or after 7pm
I could accommodate 1-4 clients maximum on my 9am -5pm days 
On my 9am-3pm days I could accommodate 1-2 clients maximum. 
This information was given to all planning officers that had took on my case. 
:Richard smith
:Karen Brown
:Byron Sharp
:Gwen Henry 
:Lauren love 
However unfortunately this was not in the full report. 3-4 clients per day were
considered when the decision was made by James wright. I fear that James was not provided
with all the information submitted when he came to his decision. I have found it difficult
corresponding with many planning officers throughout my application, son can only imagine
how hard it must have been to hand over the same application so many times. I have looked
at the online portal since the decision, and I can see there that many documents have not
been uploaded, so I don’t know if James even got to read them. I really hope all the
information will be given to you so you can come to your own judgement and make a
decision about the future of my business. During the time of my application, I kept a diary of
how each and every client would travel to me. Would they drive, walk or cycle. I’ve added this
here for you now:
At least 60%of my clients stay within 20 mins walking distance. 
30% park in my driveway ( some are blue badge holders) 
10% could get the train or bus
I always encourage my clients to walk when possible. This goes inline with the 20 min
neighbourhood that the Scottish government have in place. This is to help small businesses
recover from covid 19. 
The 20 minute neighbourhood is one of the proposals in the fourth National Planning
Framework. I’m positive you know much more about it than I do : https://www.gov.scot/
publications/scotlands-fourth-national-planning-framework-position-statement/
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As we are in a climate and mental health crisis walking or cycling most certainly helps
with this, my clients do take this advice by walking or cycling. 
On a personal level I myself like to be mindful of our planet and environment.
Working from home allows me to contribute to low admissions helping the
environment/climate change and keep the admissions low. My car is parked at my home
every day and is used as little as possible.
-LOCATION 
Hamilton west train station is directly situated at the back of the rear of the house.
Hearing the announcements from the train station whilst sitting in the garden and also in the
house. The train station is a short walk to my house. This is a perfect location for my clients
that use public transport. Approximately 11 min walk from my house 0.5 mi distance. It is a
great location to the Hamilton retail park shopping centre clients, friends and family are more
entice to shop at the retail park when visiting, this also helps support other local businesses.
The last thing I wish to do is disrupt the character of the street. My family have lived
here for 8 years. I respect the area and people around me. I completely understand that my
neighbour's would want to keep traffic to a minimum on Kenmar Terrace as we do live in a
cul de sac. I myself would like to keep traffic to a minimum this is why me and my husband
have built a 4 car driveway so that no car or client will take up any space on the road what so
ever. 
I do however, feel some information regarding ‘the character’ of the street, had not been
known previously and included in the report. So therefore could not have been taken into
consideration at the time of the decision. I’ll include a quick overview for you. There are 3
other households that run a businesses operating in the cul-de-sac, 4 including mine. This
includes a building company that holds all building supplies and tools on the property, an air
b&b, a bouncy castle and events company, a taxi service, and a cleaning company along with
company van. I would like to highlight the fact that 2 business vans, and a business car, park
in the cul-de-sac and not a private driveway. I know I will be treated with fairness, and if
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there is differentiation as to why my planning has been refused once this has been considered,
I will accept and respect it completely. 
I also spoke with many of my neighbours and spoke about how they felt towards me
working from home in the garden, and some of them said they didn’t even know for the first
few months. A lot of them didn’t have any problem with parking/cars as they saw my
driveway getting extended. Also, roads and traffic do not have any objection, as I contacted
them also and got a statement (which is provided in the report, I can send it to you directly if
you don’t have it there)
The terrace is not a listed area has no special characteristics to consider. The wooden
structure is sympathetic to the landscape and is not raised or blocking the horizon. Looking
from the front of the street there is no obvious signs that the shed exists or its purpose. As
perviously stated most clients are local within walking distance or can cycle there is no impact
at the front of the street at all. 
Business hours are sympathetic and not before 9am or after 7pm. 
I am aware that there has been no further complaints at least half the street are more
than happy to support my very small clientele. 
I am aware I have two clients who hold blue badges and would need to park as close to
the shed as possible. I have asked if they could gently close their doors or leave them just
halfway closed. Or maybe bring they're mobility scooter to their appointments as it will not
have any doors to close and keep disruption to a minimum. I am aware this was raised in the
report. I would not like to discriminate my two clients that would need to use my driveway to
park at my house. For there appointments I feel it would be complete discrimination to ask
them not to visit for this reason. 
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-My objection points to the refusal under the basic of 3-4 clients two days a week.
I do not find this a lot of visits in two days out of seven, I would expect more visits daily
on a 7 day week from personal delivery’s/ family and friends.
To which I have five siblings, I am one of 27 grandchildren. I have a big family that
could visit double the amount of clients I could have.
I am more than happy to amend 3-4 clients to less on these set days (Wednesday and
Friday) or have it to a maximum of visits. Could I be more guided on this as it is not clear or
transparent, within the working from home policy.    
My business is not at a commercial level and would not sustain a commercial rental. I
feel if i was pushed to take on a commercial letting I would not survive financially. I would
like to stress that my family has sadly lost my brother in law in the most horrifying way early
last year. Working from home puts me in the best position to give myself, daughter and
husband the emotional support that we can give to each other as a family. 
Since covid 19 the UK were told to work from home when possible, this was a big
factor in the reasoning of building the structure, and as time went on, everything else just
fitted in and came together.
I hope in the near future I will be in a better position to move to a commercial rental.
But at present with the low volume of clientele and the cost of living increasing I do not see
this being possible at present. I am more than happy to amend any working hours or volume
of visits if you think that would be more appropriate. And I would take on any knowledge
and advisories you give, from everything you know of similar cases. 
Planning applications approved of a smilier nature
: P/22/0352 newlands farm road east kilbride, change of use of existing summer house
to dog grooming business in residential area.
:P/21/2022 change of use of shed to dog grooming salon 14 Maclean place east
kilbride approved in residential area opening hours 9-5pm Monday to Friday, Sat 9-1pm 
P/20/1378 change of use of basement area to dog grooming salon. 40 millheagh brea
larkhall in residential area
P/18/1311 erection of out building in rear gardens dog grooming business 15
Mornington grove blackwood approved Monday to Friday 8am-8pm Sat 8am-1pm 
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WORKING FROM HOME POLICY
Reference to 
a. THE MAIN USE OF THE PROPERTY REMAINS AS THE DWELLING. The
garden structure also being used for the purpose incidental to the use of the dwelling,
when not used in connection with the business. I consider that the design and scale of the
development would not draw the eye as appearing dominant or obtrusive in relation to
the surrounding dwelling. The home remains the main use and the salon is still ancillary.
Change of use has occurred to a mixed use compromising two primary uses, namely a
residential one and a place of work. Environmental health have no objections, i refer to
the delegated report. There is no noise outside and around other neighbouring properties
in terms of noise. As work is carried out within the wooden structure that is sound proof
and double glazed. Clients do not gather around the cul-de-sac or at the premises, the
arrival and departing is staggered therefor not build up of traffic causing no disturbance.
In addition there is a short walk from the driveway to the wooden structure if clients
choose to drive it is unlikely to cause noise or to endure for very long. There is a low level
of clientele 1-4 visiting at a scale would not be inconsistent with that of a large family. I
would not be creating any smell or dirt, as the work is within an enclosed building.
Adverse impact on the residential amenity I find no compelling reason why the use of the
property as a whole for the business including the garden area and structure, in
accordance with the aforementioned limitation, would result in material harm to the
living conditions of nearby residents, with particular regards to noise from clients walking
parking in driveway or cycling. 
b. THERE WILL BE NO ADVERSE IMPACT OR PUBLIC SAFTEY
RESULTING FROM TRAFFIC GENERATED BY THE USE. I would be required to
provide at least 3 off street parking, to which is provided roads and traffic have no
objections. There is no traffic gathered as I can only work on one client at a time and give
myself time in-between appointments to clean and sanitise working area for the next
appointment. As stated most clients are local and are within walking distance most clients
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would attend on foot. The development does not result in harm to highway and
pedestrian safety. 
c. Driveway at the dwelling can facilitate car parking and is satisfied by roads and
transport. There are no other employees on the premises or in the work space I am a sole
operator. 
d. Working hours are within sociable hours and are sympathetic to the character of the
street. I would work Wednesday to Saturday, being closed every Sunday and Monday
which would tie in with bank holidays or public holidays causing no impact on holidays in
the surrounding area. Reference to officer report 5.7  as it mentions weekends I only work
one day at the weekend and for a short period. As stated there are other dwellings being
used as a place of work within the cul-de-sac therefore I feel the report has failed to
provide evidence to identify how the development would harm the character. The
principle of providing a hair service would not be an unusual or alien concept. In
principle the provision of accessible hair service would consistent with the sustainable
development of healthy communities. I would also like to add that there has been no
objections with environmental health I do not fully understand the comment on para 5.8
refers to as disamenity of the street? It is as my understanding that there is no record of
any site visits to the cal-de-sac as stated in an email from the council there is no evidence
of the true character of the cal-de-sac. In terms of detailed design the building would be
substantially screened from the property its self as it is at the rear of the dwelling, and by
boundary fencing. The design and scale of the development would not draw the eye as
appearing dominant or obtrusive in relation to the surrounding dwellings. In terms of the
design and development would not result in harm to the character of the area this does
not conflict with the council local plan or with the national planning policy framework.
That seek to promote high quality sustainable design that responds positively to its
surroundings it is also up to date with todays living as most people choose to work from
home. I consider that my working hours go along with the same working hours as other
neighbours, the cul-de-sac is mostly empty during my working hours as most residents are
also at work. If clients do drive to appointment they would only have to drive passed 2
other dwellings as my house is the 3rd house down from the top of the cul-de-sac. Having
no impact on the bottom of the cul de sac. Most neighbours have driveways for there own
cars there for no cars are ever parked out side any other house hold that is not the own car  
e. No commercial vehicles are used for the business.
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f. Not sale of retail taking place. 
g. No delivery’s are associated with the business
h. There is no external storage of materials needed for the business
i. I have taken the time to note of how many clients visit and how they arrive for their
appointment between the months of July 2022 to August 2022.   
10
June
S M T W T F S
29 30 31 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 1 2
3 4 5 6 7 8 9
July
2022
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
26 27 28 29 30 1 2
Driveway=2                   
by foot=1
Driveway=2.              
By foot=1
3 4 5 6 7 8 9
CLOSED
CLOSED CLOSED Driveway=1            
by foot=2
Driveway= 2 Driveway=2                   
by foot=2
Driveway=1             
By foot=2
10 11 12 13 14 9 16
CLOSED CLOSED CLOSED HOLIDAY HOLIDAY HOLIDAY HOLIDAY
18 19 20 21 10 23
CLOSED CLOSED CLOSED Driveway=3           
by foot=1
Driveway=1             
By foot=2
Driveway=2                   
by foot=1
Driveway=1             
By foot=1
1w 25 26 27 28 11 30
CLOSED CLOSED CLOSED Driveway=3           
by foot=0
Driveway=1             
By foot=2
Driveway=2                   
by foot=1
Driveway=1             
By foot=2
2w 1 2 3 4 12 6
August
S M T W T F S
31 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31 1 2 3
4 5 6 7 8 9 10
1
July
S M T W T F S
26 27 28 29 30 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 1 2 3 4 5 6
August
2022
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
31 1 2 3 4 5 6
Closed Closed Driveway=2.                         
By foot =1
Driveway =1           
By foot=1
Driveway =2.         
by foot =1
Bridal party working
outwit dwelling.
7 8 9 10 11 12 13
Closed  Closed Closed Driveway=2.                         
By foot =1
COURT against
neighbours
Driveway =3     Driveway =0.         
By foot =3
14 15 16 17 18 19 20
Closed  Closed Closed Driveway=2.                         
By foot =1
0 clients Driveway =2.         
by foot =0
Driveway =2          
By foot =1
21 22 23 24 25 26 27
Closed  Closed Closed Driveway=1                      
By foot =2
Driveway =1           
By foot=2
Driveway =2.         
by foot =1
Bridal party working  
outwit dwelling.
28 29 30 31 1 2 3
Closed Closed Closed Driveway=3                        
By foot =1
4 5 6 7 8 9 10
September
S M T W T F S
28 29 30 31 1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 1
2 3 4 5 6 7 8
1
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I would just like to go over some of the objections on my planning application, I will
reference the planning application comments below.
Planning application comment 1: Mr Andrew Herron
To quote ‘ it is clearly stated on the deeds for our properties under no circumstances can
u run a business from home’ I would just like take this time to address that it was Mr Andrew
Herron that built the wooden structure with his two sons, Tony Herron and Jude Herron, also
residents of 7 Kenmar Terrace. Mr Herron has had his own building company by the name
of Herron builders (linked) and accepted a payment of around £10,000 from me to complete
the project. Knowing full well that the wooden structure would be used for the purpose of a
salon, this goes right back to the design stage. I have evidence for this, however it is an
ongoing court case and so therefore the deeds are currently under court proceedings. Mr
Herron and all parties are legally barred from taking any legal action with regards to
objecting, due the fact he built it himself and profited through his company.
‘As much as they have concreted there front garden for parking there is major issues with
parking’ I completely agree with this statement, in fact, Mr Herron has been arrested a few
times for parking his 12 ft van across the front of my driveway, which he is now in criminal
court proceedings. He does not have any private parking, therefore all of his vehicles (Audi
A6, van and motorbike) all get parked on public path and Cul-de-Sac. This is a contributing
factor for my clients walking.
‘Using COVID as a reason to work from home that’s fine if you're in the house on a
computer not bring approximately 200 clients per month into such a small terrace’  This part
of the statement I’m still unsure of the meaning. I wasn’t aware of any government advice
stating that you were only allowed to work from home if you were in possession of a
computer. 
Everything else stated is complete fabrication. I have already contacted SEPRA who
informed me of my legal obligations with regards to hazardous chemicals. I am completely
exempt due to the nature of business. I do however, work alongside green circle salons. Where
we dispose of our waste in a manner that looks after the environment, and reduces my carbon
footprint. 
11
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There has also been two complaints from Jude Herron and Michelle McCluskey from
number 7 Kenmar Terrace, stating the same complaints as Mr Andrew Herron.
Due to the extend of the threatening behaviour, derogatory remarks and abuse we have
received from Mr Andrew Herron, Jude Herron, and Michelle McCluskey, the court had a
harassment order issued against them. Which they continuously breach, resulting in being
arrested serval times, and now charged in a criminal court of law.  They will be sentenced this
September and December 2022. 
12
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This has been on going for over one year now and the affect it has had on my daughter
Marilyn is in despicable. She is now in therapy treatment due to anxiety, stress and trauma.
This is affecting her every day life and school life. The head teacher is involved as much as she
can be to support Marilyn through this time and has attached a supporting letter. 
To conclude my business hours are no earlier than 9am and no later than 5pm, 80% of
whom walk to the salon or cycle. I have extended my driveway to fit 4 cars at one time, so cars
from my household and salon will never be parked on the street. Only on my own property.
Environmental health have no objections. The complaints I have are from 3 people who
profited and built the building. The rest of the complaints are from fellow neighbours that are
13
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too scared to stand up  and feel threatened after what they have had to witness. Those same
people have also just been convicted of malicious misconduct and acting in a threatening
manner. Crime reference  HM22002445 HM22006711
This case has not been unnoticed by the media and newspapers and I have been
approached by the papers for the story. At present I do not wish to go down this route as I do
not want to add any more aggression or upset to the situation.
Objection from number 3 kenmar terrace states that the parking issues are more to do
with the air b&b. My sister left Scotland 6 months ago, and so no longer parks her car in the
driveway or the street. During my working hours there would only be one car in the driveway
as it belongs to me. My husband doesn’t return from work until 6pm, which leaves 3 spaces
on my own private property for parking. Objection from number 11 I believe that he refers to
the time number 7 completely blocked the street with the their black Audi A6 parked in the
middle.
14
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Objections from number Pamela sneddon 12 and Theresa Gallagher number 15 
-Salon was not built as long as 18 months at the time of objection.
-always a street with parking issues mostly with residents
-residents park on pavement not clients, they use driveway. 
-noise of hairdryer? I do not think a hairdryer can be heard from that far away. 
-chatting? People chat in there garden 
-people in and out of cars? With the distance between the houses I am surprised that
this has all been noticed? Especially with the low level of cars that come in to the street at visit
myself. And again I have family and friends that visit not every person that comes to my
property is getting there hair done or clients.
I do not find these objections credible. 
Objections -Hannah pate
Hannahs address is not in kenmar terrace it is 16 batters gardens which is a 15 min
drive away.   
Objection Arlene Mccrony
-not a resident of kenmar terrace
-lack of parking in general not due to salon
-salon would not be known to any passers buys act as it is situated in my garden. I do
not accept an new clients and only stick to regular clients. 
Objection from Doreen Nicole 
- you will see in officers report that no covid rules have been broken.
15
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Out with working hours car and van parking on curbs from residents.
16
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Ambulance unable to get down the street. Not due to anyone from my dwelling my
white car is  my driveway. 
17
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Before starting work  no cars at the bottom of street and driveway is clear.
18
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Picture taking for the purpose of previous picture. Street is quiet during working hours
and most people are at work. 
19
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Before starting work one company van parked on curb. Driveway is clear 
20
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Van obstructing turning point. Anyone visiting my dwelling or others struggle to get
passed here.this is one reason why clients choose to walk or park in driveway as this is difficult
to navigate passed.
21
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Company car and taxi parked on curb. Not anyone visiting my property
CLIENTS COMMUTING 
At least 70% of my small clientele are within walking distance I fully encourage that all
should walk or cycle to their appointments. Firstly this helps with low admissions there for it is
good for the environment, I feel very passionate about the climate change bill. If people
should drive especially for a few that hold a blue badge do and will park only on my driveway.
That is still private to all other neighbours with only a 6 foot fence at the other side. Myself
and husband went to extra expense so that our own two cars were not on the street, and 
parked in the driveway on the other side. Therefore, there would not be a build up of traffic
on the road at any point. I have supporting statements from the majority of clients. I’ll enclose
these at the end.
If there is any part of this appeal that arises questions for you, I urge you to reach out to
call, or email me. I’m happy to go over anything, or explain anything further. If you need
further statements, I will gladly get those for you. Although I believe I have included
everything that you will need to form a picture of my situation and make a decision about the
future of my business. I also don’t want to prolong this for you as I can only imagine how
much work you are all trying to get through with a backlog of work after the past couple of
years.
22
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Thanking you in advance
Leanne Marshall.
Client and friends supports statements below.
23
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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review
 P Sneddon by email
 A Herron by email
 C Graham by email 
Appendix 6  4h
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STATEMENT OF OBSERVATIONS 
Planning Application No. P/21/1639
Erection of outbuilding within the rear curtilage of end terrace house and an
associated change of use from private recreational garden space to commercial
hairdressing business (retrospective)
5 Kenmar Terrace, Hamilton, ML3 0LT 
1.0 Planning Background
1.1 A retrospective planning application was submitted for the erection of an outbuilding
in the rear curtilage of a domestic property for the use as a commercial hairdressing
business. Following due consideration of the proposals, including consulting with
the Roads and Transportation Services (Development Management Team) and
Environmental Services the planning application was refused by the Council under
delegated powers on 13th June 2022. The report of handling sets out the decision
and the reasons for refusal are listed in the decision notice. These documents are
available elsewhere within the papers. 
1.2 The application site is located within an established residential area of Hamilton.
The property is located at one end of a block of four properties. The street is a
relatively small cul-de-sac of approximately 16 properties and is not a thoroughfare
for any traffic and solely serves residents. 
2.0 Assessment against the development plan and other relevant policies 
2.1 Section 25 of the Town and 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. 
2.2 In terms of the South Lanarkshire Local Development Plan 2 (adopted 2021), the
following policies are applicable:- 
• Policy 2: Climate Change 
• Policy 3: General Urban Areas and Settlements
• Policy 5: Development Management and Placemaking 
• Policy DM1: New Development Design
• Policy DM12: Working from Home 
2.3 The application site is designated as being within a general urban area in the
adopted South Lanarkshire Local Development Plan 2 2021 (SLLDP2). As such,
Policy 3 advises developments which would be detrimental to the amenity of
residents and the wider community or to the character of the surrounding area will
not be permitted. Developments particularly ‘bad neighbour’ uses which by virtue of
visual impact, noise, smell, air pollution, disturbance, traffic, or public safety will not
be permitted if they are detrimental to the amenity of residents. Each proposal will
be judged on its own merits with particular consideration given to the impact on the
amenity of the area, proposed servicing and parking arrangements and where
appropriate an assessment of the contribution of the proposal to meet an identified
local need. 
4h
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2.4 Policy 2 - Climate change of SLLDP2 requires new development where possible to
seek to minimize and mitigate against the effects of climate change. It is noted that
the retrospective proposal does not involve any large-scale construction and has
been constructed with a sustainable building material. It is therefore not considered
to have a significant detrimental impact upon the water and soils environment nor
biodiversity. 
2.5 Policy 5 - Development management and placemaking states that development
proposals should take account of and be integrated within the local context and built
form. Development proposals should have no significant adverse impacts on the
local community and there should be no significant adverse impact on adjacent
buildings in terms of layout, scale, massing, design, external materials or amenity
as well as no adverse implications for public safety.  This policy is further supported
within SLLDP2 Policy DM1 – Design. 
2.6 Policy DM12 - Working from Home states that there should be no adverse impact
on the residential amenity of neighbouring properties in terms of noise, disturbance,
smell and dirt generated by the business or by members of the public visiting the
premises. There should be no adverse impact on traffic or public safety resulting
from traffic generated by the proposed use and satisfactory provision for car-parking
and servicing is in place. 
2.7 In assessment, it was noted that the design, scale and siting of the outbuilding was
in keeping with the domestic garden in which it sits but the use of the outbuilding as
a commercial hairdresser is considered not to be compatible within the surrounding
residential area. 
2.8 It was therefore considered that the nature of the operations would result in
introducing visitors up to 4 times a day, 4 days a week (including on a Saturday)
into a quiet residential cul-de-sac. It was considered that, as the street is not a
thoroughfare, the current amenity and character of the street is that of one serving
only its residents and therefore the introduction of a commercial business with
visiting customers is not in keeping with the character of the locale and introduces
disharmony into the existing amenity of the street. 
2.9 In conclusion, following a detailed assessment of the proposals it was considered
that whilst the design and siting of the outbuilding was in keeping with the area and
did not impinge upon the amenity of surrounding neighbours, it’s use as a
commercial hairdressing business was not considered acceptable within the area
and did have a detrimental impact upon the amenity of neighbours. In this regard
the proposal was therefore not deemed to be in accordance with Policies 3, 5, DM1
and DM12 of the adopted South Lanarkshire Local Development Plan 2 (2021). 
3.0 Observations on applicants Notice of Review 
3.1 The applicants have submitted a statement to support their review.  The grounds
are summarised below:-
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(a) The shed is not only used for the hairdressing business and is used for
domestic purposes as well.
Response:  To clarify, as noted in the Report of Handling, it is considered
that the building is suitable in terms of design and location as a domestic
outbuilding. It is the commercial use that is considered inappropriate. The
Enforcement Team would not seek to take any further action if it was solely
used for domestic purposes. 
(b) Details on Working Hours
Response:  The original planning assessment was made on the working
times submitted by the applicant as part of the planning application as set out
in the Report of Handling. It is for the applicant to submit the relevant
information as part of a planning application and not Council Officers. In
terms of the hours provided as part of the review, it is noted that they are not
that materially different than those submitted as part of the planning
application and still involve 4 days a week, including a Saturday. It is not
clear what level of Saturday working may be off site for weddings rather than
on site. The duration of the works state that the minimum duration of
appointment could be an hour and therefore it is considered that this
contradicts the statement that only 2 appointments could be accommodated
within a 9am to 3pm day given that could only take up 2 hours of the day. 
(c) Information in front of the Planning Officer
Response: The Planning Application was submitted following the
requirement to take Enforcement Action and any Enforcement
correspondence is separate to any planning application. The applicant made
the planning submission themselves and as noted in (b) above, it is their
responsibility to ensure that all relevant information was submitted as part of
the application. The planning submission is in order and adequate to allow a
detailed assessment to be made. The applicant would be able to resubmit all
information as part of this review. 
(d) The level of customers visiting is similar to large families and can be
further limited if required.
Response: Normal domestic visitors do not fall within the remit of the
Planning Authority whilst operating a commercial enterprise does and
therefore it requires to be assessed against the Development Plan and any
other material considerations. In this instance, it is the quiet nature of the
street that is considered to make it inappropriate for operation of a business
of this nature. Limiting customer numbers would be hard to enforce and
difficult for the applicant to fully approve compliance with any limit. The crux
of the matter is the nature of the street being unsuitable for a commercial
business with visiting clients. 
(e) Customers are local and most do not need to drive
Response:  Again it is considered that this would be hard to enforce and for
the applicant to demonstrate compliance if complaints are made. 
(f) Roads and Environmental Services did not object to the application.
Response: Noted and this was clearly stated within the Report of Handling.   
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(g) Response to objections
Response:  It is considered that Section 4 of the Report of handling sums up
the objections and that there is nothing further to add in Planning terms. 
4.0 Conclusions 
4.1 In summary, the proposed commercial use does not accord with the provisions of
the adopted Local Development Plan 2 relating to Policies 3, 5 DM1 and DM12.  In
addition, there are no material considerations which outweigh the provisions of the
development plan. It is therefore respectfully requested that the Review Body refuse
planning permission for the retrospective proposal. 
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From: Pamela Sneddon
To: McLeod, Stuart
Subject: Planning review
Date: 07 October 2022 06:48:48
4h
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Hi there I’m enclosing pictures of the parking situation on my street  one picture from a
Friday night & the other Saturday late afternoon. The hours of business on the planning
application do not match with the hours the salon is open and this can be confirmed with
the salon’s social media.
Regards
Pamela Sneddon
Sent from Yahoo Mail for iPhone
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From: Andrew Herron 
Sent: 09 October 2022 15:02
To: Jessup, Shona <Shona.Jessup@southlanarkshire.gov.uk>
Subject: Re: Planning Local Review Body - 5 Kenmar Terrace, Hamilton 
Evidence of not working to the hours on planning application most nights works to
9p.m occasionally 10p.m 
(Videos attached to the above email have been redacted in terms of The Data
Protection Act 2018) 
From: Andrew Herron < 
Sent: 09 October 2022 15:05
To: Jessup, Shona <Shona.Jessup@southlanarkshire.gov.uk>
Subject: Re: Planning Local Review Body - 5 Kenmar Terrace, Hamilton 
Her house is currently under offer so either trying to sell house with a business or
hanging planning out to carry on working until she moves 
4h
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From: Andrew Herron  
Sent: 16 October 2022 18:32
To: Jessup, Shona <Shona.Jessup@southlanarkshire.gov.uk>
Subject: Re: Planning Local Review Body - 5 Kenmar Terrace, Hamilton 
Evidence Leanne Marshall isn't working to times on application for salon works most
nights to at least 9 p.m occasionally 10 p.m with slot more than 4 or 5 clients a day
more like 10 to 12 clients per day 
From: Andrew Herron 
Sent: 16 October 2022 18:33
To: Jessup, Shona <Shona.Jessup@southlanarkshire.gov.uk>
Subject: Re: Planning Local Review Body - 5 Kenmar Terrace, Hamilton 
I am sending in a couple of videos that shows Leanne Marshall still working up to
10pm in her salon which happens on a regular basis. Closing at 5 p.m is a rare
occurrence 
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1
McLeod, Stuart
From: Graham Craig <jocky180.gc@googlemail.com>
Sent: 12 October 2022 11:58
To: McLeod, Stuart
Good morning Stuart  
Regarding ref no PLBR/NOR/HM/22/004 
My name is Mr G Craig i stay opposite no 5 kenmar terrace i would like to say the residents at no 5 kenmar have 
done eveything possible regarding parking and there is no issues now with parking . 
Yours Sincerly 
Mr Graham Craig. 
4h
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Applicant’s Comments on Further Representations
Submitted by Interested Parties in the Course of the
Notice of Review Consultation Process 
Appendix 7  4i
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1
McLeod, Stuart
Subject: FW: Planning Local Review Body - 5 Kenmar Terrace, Hamilton
From: Paige Copeland
Sent: 03 November 2022 14:10 
To: McLeod, Karen <Karen.McLeod@southlanarkshire.gov.uk> 
Subject: Re: Planning Local Review Body ‐ 5 Kenmar Terrace, Hamilton 
Good morning Mr McLeod, 
Thank you for your email. 
The pictures unfortunately do not state a time nor a date, nor is it evidence that the vehicles on the driveway are 
customers.  
The screen shot of working hours taken from social media is extremely old and no longer even on social media, and 
again is not evidence of working hours. 
Can we state again this is primarily a home, visited by friends and family, just like most homes in the country. 
The report that Mrs Marshall submitted is accurate to todays date, with regards to hours and number of customers. 
I feel now this is becoming more of a malicious stalking situation, rather than a disagreement about parking and 
working hours.  
Kind regards 
Paige 
4i
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From: Leanne Grattan
To: McLeod, Stuart
Subject:
Date:
Fwd: Planning Local Review Body - 5 Kenmar Terrace, Hamilton
04 November 2022 12:15:33
Dear Stuart
I would like to add further comments with regards to pictures provided.
Pictures are showing both white vehicles that belong to my husband parked at the front of
his own house and my car parked on my own driveway.
Best wishes Mrs Marshall
Sent from my iPhone

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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 21 November 2022
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/21/0909 for Sub-
Division of Garden Ground to Form House Plot for a
Two Storey Dwellinghouse (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 decision taken by officers, in terms of the Scheme of Delegation, on the
following application:-
[purpose]
1.2. Summary Application Information 
Application Type: Planning Permission in Principle 
Applicant: E MacNeil 
Proposal: Sub-division of garden ground to form a house plot for a two
storey dwellinghouse (planning permission in principle)
Location:   17 Rosebank Avenue, Blantyre, G72 9BB
Council Area/Ward: 15 – Blantyre 
1.3. Reason for Requesting Review 
X Refusal of
Application 
Conditions imposed  Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to
determine the review without further procedure and, if so, that:- 
(a) it proceeds to determine whether the decision taken in respect of the
application under review should be upheld, reversed or varied
(b) in the event that the decision is reversed or varied, the reasons and the
detailed conditions to be attached to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the
review, consider:- 
(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
[1recs]
5
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3. Background
3.1. The Council operates a Scheme of Delegation that enables Council officers to
determine a range of planning applications without the need for them to be referred
to Area Committees or the Planning Committee for a decision.   
3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body. 
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for
requiring a review of the determination in respect of their application.  (Refer
Appendix 5) 
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as
follows:- 
Further written submissions  Site inspection 
Hearing session(s) X Assessment of review documents
only, with no further procedure 
4.3. However, members will be aware that it is for the Planning Local Review Body to
determine how a case is reviewed. 
5. Information Available to Allow Review of Application
5.1. Section 43B of the Planning etc (Scotland) Act 2006 restricts the ability of parties to
introduce new material at the review stage.  The focus of the review should,
therefore, be on the material which was before the officer who dealt with the
application under the Scheme of Delegation. 
5.2. The following information is appended to this report to assist the Planning Local
Review Body in its review of the decision taken by officers:- 
 Planning Application Form (Appendix 1)
 Report of Handling by the Planning Officer under the Scheme of Delegation
(Appendix 2(a))
 Copies of submissions from consultees (Appendix 2(b))
 Copies of representations (Appendix 2(c))
 Site photographs and location plan (Appendix 3)
 Decision notice (Appendix 4)
 Notice of Review including statement of reasons for requiring the review
(Appendix 5) 
5.3. Copies of the relevant drawings are available for inspection by contacting
Administration and Legal Services prior to the meeting.
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6. Notice of Review Consultation Process
6.1. 1 further representation was received, a Statement of Observations from the
Planning Officer on the applicant’s Notice of Review, in the course of the 14 day
period from the date on which notification of the request for a review of the case was
given.  This is listed at and attached as Appendix 6. 
6.2 The applicant had the opportunity to comment on the further representations
received.  Comments from the applicant are contained in the submissions attached
as Appendix 7. 
Paul Manning
Executive Director (Finance and Corporate Resources) 
8 November 2022 
Link(s) to Council Values/Priorities/Outcomes
 We will work towards a sustainable future in sustainable places
 Good quality, suitable and sustainable places to live
 Thriving business, fair jobs and vibrant town centres
 Caring, connected, sustainable communities
 Accountable, effective, efficient and transparent 
Previous References
 None 
List of Background Papers
 Guide to the Planning Local Review Body 
Contact for Further Information
If you would like to inspect the background papers or want further information, please
contact:-
Stuart McLeod, Administration Officer
Ext:  4815  (Tel:  01698 454815)
E-mail:  stuart.mcleod@southlanarkshire.gov.uk
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Planning Application Form 
Appendix 1  5a
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Page 1 of 7
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 100411867-002
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.
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
The proposal is to sub divide the existing garden at No.17 and create a further plot for a single dwellinghouse at the rear of the
property with its own access
5a
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Page 2 of 7
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * Building Name:
Last Name: * Building Number:
Address 1
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number: Town/City: *
Fax Number: Country: *
Postcode: *
Email Address: *
Is the applicant an individual or an organisation/corporate entity? *
  Individual    Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Mr
Paul
Eddie
Hughes
MacNeil
272 Bath St
Rosebank Avenue
272
17
Blue Square
G2 4JR
G71 7SS
United Kingdom
Scotland
Glasgow
Blantyre
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Page 3 of 7
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Pre-Application Discussion
Have you discussed your proposal with the planning authority? *  Yes   No
Site Area
Please state the site area:
Please state the measurement type used:  Hectares (ha)   Square Metres (sq.m)
Existing Use
Please describe the current or most recent use: *  (Max 500 characters)
Access and Parking
Are you proposing a new altered vehicle access to or from a public road? *  Yes   No
If Yes please describe and show on your drawings the position of any existing. Altered or new access points, highlighting the changes
you propose to make. You should also show existing footpaths and note if there will be any impact on these.
17 ROSEBANK AVENUE
0.12
The proposed site is currently the garden ground for no.17
South Lanarkshire Council
BLANTYRE
GLASGOW
G72 9BB
658029 269406
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Page 4 of 7
Are you proposing any change to public paths, public rights of way or affecting any public right of access? *  Yes   No
If Yes please show on your drawings the position of any affected areas highlighting the changes you propose to make, including
arrangements for continuing or alternative public access.
Water Supply and Drainage Arrangements
Will your proposal require new or altered water supply or drainage arrangements? *  Yes   No
Do your proposals make provision for sustainable drainage of surface water?? *  Yes   No
(e.g. SUDS arrangements) *
Note:-
Please include details of SUDS arrangements on your plans
Selecting ‘No’ to the above question means that you could be in breach of Environmental legislation.
Are you proposing to connect to the public water supply network? *
  Yes
  No, using a private water supply
  No connection required
If No, using a private water supply, please show on plans the supply and all works needed to provide it (on or off site).
Assessment of Flood Risk
Is the site within an area of known risk of flooding? *  Yes    No   Don’t Know
If the site is within an area of known risk of flooding you may need to submit a Flood Risk Assessment before your application can be
determined. You may wish to contact your Planning Authority or SEPA for advice on what information may be required.
Do you think your proposal may increase the flood risk elsewhere? *  Yes    No   Don’t Know
Trees
Are there any trees on or adjacent to the application site? *  Yes   No
If Yes, please mark on your drawings any trees, known protected trees and their canopy spread close to the proposal site and indicate if
any are to be cut back or felled.
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.
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Page 5 of 7
Planning Service Employee/Elected Member Interest
Is the applicant, or the applicant’s spouse/partner, either a member of staff within the planning service or an  Yes    No
elected member of the planning authority? *
Certificates and Notices
CERTIFICATE AND NOTICE UNDER REGULATION 15 – TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT
PROCEDURE) (SCOTLAND) REGULATION 2013
One Certificate must be completed and submitted along with the application form. This is most usually Certificate A, Form 1,
Certificate B, Certificate C or Certificate E.
Are you/the applicant the sole owner of ALL the land? *  Yes    No
Is any of the land part of an agricultural holding? *  Yes    No
Certificate Required
The following Land Ownership Certificate is required to complete this section of the proposal:
Certificate A
Land Ownership Certificate
Certificate and Notice under Regulation 15 of the Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013
Certificate A
I hereby certify that –
(1) - No person other than myself/the applicant was an owner (Any person who, in respect of any part of the land, is the owner or is the
lessee under a lease thereof of which not less than 7 years remain unexpired.) of any part of the land to which the application relates at
the beginning of the period of 21 days ending with the date of the accompanying application.
(2) - None of the land to which the application relates constitutes or forms part of an agricultural holding
Signed: Paul Hughes
On behalf of: Mr Eddie MacNeil
Date: 13/05/2021
 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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Page 7 of 7
Provide copies of the following documents if applicable:
A copy of an Environmental Statement. *  Yes   N/A
A Design Statement or Design and Access Statement. *  Yes   N/A
A Flood Risk Assessment. *  Yes   N/A
A Drainage Impact Assessment (including proposals for Sustainable Drainage Systems). *  Yes   N/A
Drainage/SUDS layout. *  Yes   N/A
A Transport Assessment or Travel Plan  Yes   N/A
Contaminated Land Assessment. *  Yes   N/A
Habitat Survey. *  Yes   N/A
A Processing Agreement. *  Yes   N/A
Other Statements (please specify). (Max 500 characters)
Declare – For Application to Planning Authority
I, the applicant/agent certify that this is an application to the planning authority as described in this form. The accompanying
Plans/drawings and additional information are provided as a part of this application.
Declaration Name: Mr Paul Hughes
Declaration Date: 14/05/2021
Payment Details
Online payment: IDOX00008357
Payment date: 14/05/2021 08:42:00
Created: 14/05/2021 08:42
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Report of Handling 
Report dated 29 June 2022 by the Council’s Authorised Officer under the Scheme of
Delegation 
Appendix 2(a)  5b
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Reference no. P/21/0909
Delegated Report   
Date 29 June 2022 
Planning proposal: Sub-division of garden ground to form house plot for a two storey
dwellinghouse (Planning Permisson in Principle)  
Location:  17 Rosebank Avenue
Blantyre
G72 9BB 
Application
Type : 
Permission in principle   
Applicant :  Mr Eddie MacNeil 
Location :   17 Rosebank Avenue
Blantyre
G72 9BB  
Decision: 
Other
action/notes:     
Application refused 
(1) None 
Report by: Area Manager (Planning & Building Standards) 
Policy reference:  
South Lanarkshire Local Development Plan 2 (adopted 2021)
Policy 1 - Spatial Strategy
Policy 2 - Climate Change
Policy 3 - General Urban Areas and Settlements
Policy 5 - Development Management and Place Making
Policy DM1 - New Development Design 
Policy DM3 - Subdivision of Garden Ground 
Assessment
Impact on privacy? No
Impact on sunlight/daylight? No
Impact on amenity? No
Traffic issues? No
Adheres to development plan policy? No
Adverse comments from consultees? No 
Consultations Summary of response 
CER Biodiversity Officer  Has no objections subject to conditions. The boundary of
the application does not appear to match SLC ownership;
this needs to be clarified before any works or approval
begins. The development is adjacent to a proposed Local
Nature Reserve (which matches the SLC ownership;
therefore, the application boundary is currently within the
pLNR). There should be no impact beyond the site
boundary; all works including drainage should remain within
the development site.   
5b
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Countryside And Greenspace 
Arboricultural Services 
Roads Development Management
Team 
Environmental Services 
Scottish Water 
This application site lies immediately adjacent to the Clyde
Walkway and an area of woodland identified as a
component of the strategic green network. There also
appears to be a number of mature trees along and adjacent
to the perimeter of the site where it borders onto the
Walkway/Green network. It is unclear at this stage as to
whether these trees will be affected by the development. It
may require a condition to be applied to any consent
granted for a tree protection zone. 
No response to date. 
Have no objection to the application subject to a condition
requiring the construction of adequate car parking within the
site. For a 2 or 3-bedroom house 2 off-street car parking
spaces are required and for a 4 or more bedroom house 3
off-street car parking spaces are required.  These should be
in modules of 3m x 6m.   
Have no objection to the application. 
Have no objection to the application and have advised that
there is there is currently sufficient capacity for a foul only
connection in the Bothwellbank Waste Water Treatment
works to service the proposed development. 
Representation(s): 
► 1 Objection letter
► 0 Support letters
► 0 Comment letters 
Planning Application Delegated Report 
1 Application Summary 
1.1 The applicant seeks planning permission in principle for the sub-division of garden ground
to form a house plot for a two storey dwellinghouse. The application site is bounded to the
north and east by open space and woodland planting and to the south and west by
residential properties. Whilst the application is for planning permission in principle an
indicative plan has been submitted with the application showing the footprint of a
detached dwellinghouse and a detached garage both located to the rear of the existing
detached bungalow on the site. 
1.2 The proposed dwelling would be positioned approximately 21 metres from the existing
house and it is envisaged by the applicant that the principal rooms would have their main
aspect to the north/east and south to minimise overlooking. It is proposed that the new
dwelling would  be 2 storey’s in height with a pitched roof orientated in the same direction
as the existing house. The existing front garden and parking area would remain in place
for the use of the existing dwelling. The rear garden for the existing dwelling would
measure approximately 11 metres in depth. The existing garage which fronts onto
Rosebank Avenue would be removed to allow for a shared hard surfaced refuse and
recycling collection point. This area would be enclosed with a brick wall and offer the
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opportunity for signage for the proposed house. The occupiers of the proposed house
would require to take their bins to this area for collection from their dedicated storage
located adjacent to their parking area. A new double garage for the existing house would
be located adjacent to the refuse collection point. An access ramp/driveway and an area
of structured planting would be shared by both plots. The remainder of the site would be
given to the proposed dwelling. A new double garage and dedicated parking area with a
planted buffer zone would be provided to create a defined edge between the 2 plots with
the existing access strip from Rosebank Avenue upgraded to create the dedicated access
to the proposed plot mentioned above. The area to the north would be cleared and
planted with new fencing to the proposed garden boundary. The existing brick wall to the
neighbouring property (25/27 Rosebank Avenue) would be retained and repaired where
necessary. 
1.3 The supporting Design and Access Statement that has been lodged with the application
states that the proposed sub-division of the garden ground and use for a new build
dwelling complies with and meets the criteria in adopted Local Development Plan,
relevant supplementary guidance and National Planning Guidance, that the subdivision of
the plot will have no negative impact on the existing property nor the neighbouring
properties and will address what is currently vacant unused land. It states that although
the new dwelling will not have direct frontage to the street the new access will be clearly
defined and that the traditional villa located at the end of Rosebank Avenue is similarly
positioned back from the street so there is precedent locally to support this arrangement.  
1.4   The application site is located within the General Urban Area in the adopted South
Lanarkshire Local Development Plan 2. The relevant policies in terms of the assessment
of the application are Policy 1 - Spatial Strategy, Policy 2 - Climate Change, Policy 3 -
General Urban Areas and Settlements, Policy 5 - Development Management and Place
Making, Policy DM1 - New Development Design and Policy DM3 - Subdivision of Garden
Ground. 
2 Representation(s) 
2.1  Statutory neighbour notification procedures were undertaken and the application was
advertised in the Hamilton Advertiser under the heading Non-notification of neighbours.
One letter of representation has been received in relation to the application. The grounds
of objection are summarised below: 
a) The post code of the property on the notification notice does not correspond
with the property or the surrounding area
Response: The post code G72 9BB which was included to identify the application
site on the neighbour notification letter appears to be correct. 
b) The ground that is being proposed for building is raised land against a large
wall joined with our property. This is a single brick wall, not designed for
building to take place on the said property. We are concerned the wall will
collapse if work is carried out or heavy vehicles operate on the property.
Response: Any damage to the neighbouring property would be a legal matter
which requires to be resolved between the parties concerned. 
c) We believe our privacy will be impinged upon if a property is built on this
land.
Response: Whilst the application is for planning permission in principle, based on
footprint shown on the indicative layout it is considered that the proposed dwelling
would not have a significant adverse impact on the adjacent property in terms of
overlooking and loss of privacy. 
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d)  The property sits on a Private Road maintained by residents. Building work
would result in wear/tear and damage to road.
Response: Any damage to a private road would be a legal matter which requires
to be resolved between the parties concerned. 
e)  Possible problems with sewage and drainage access. Old system serving
the old houses in full street is currently the only access available. 
Response: If planning permission was granted for the dwellinghouse satisfactory
sewerage and drainage systems would have to be provided as part of the
proposed development. 
3 Assessment and Conclusions 
3.1 The applicant seeks planning permission in principle for the sub-division of garden ground
to form a house plot for a two storey dwellinghouse. Section 25 of the Town and Country
Planning (Scotland) Act 1997, states that planning applications must be determined in
accordance with the development plan, unless other material considerations indicate
otherwise. The main determining issues therefore in the assessment of this application
are whether the development is in compliance with national and local development plan
policy and whether there are any other material planning considerations that would
outweigh the provisions of the development plan. 
3.2 Scottish Planning Policy (SPP) advises that proposals should be determined in
accordance with the provisions of the development plan and all developments should
contribute to sustainable development. 
3.3 Whilst the application is for planning permission in principle an indicative plan has been
submitted with the application showing the footprint of a detached dwellinghouse and a
detached garage both located to the rear of the existing detached bungalow on the site all
as described in Section 1 of this report. As discussed, the application site is located within
the general urban area in the adopted South Lanarkshire Local Development Plan 2. In
terms of the assessment of the application the main policy affecting the proposal in this
instance is Policy DM3 which states that the development of a new house (or houses)
within the curtilage of an existing house will only be considered where it can be
demonstrated that the proposal complies with the following criteria: 
1. The proposed house(s) is of a scale, massing, design and material sympathetic to
the character and pattern of development in the area and does not result in a
development that appears cramped, visually obtrusive or is of an appearance
which is out of keeping with the established character or is harmful to the amenity
of the area.
2. The proposed house plot(s) and that remaining to the existing house are
comparable with those nearby in terms of size, shape, and amenity and accords
with the established pattern of development in the surrounding area. 
3. The proposed house(s) should have a proper road frontage of comparable size
and form to surrounding curtilages unless the proposal reflects the development
pattern of the area.
4. The proposed vehicular access is of an adequate standard and will not have
adverse implications for traffic safety or adversely affect the amenity of adjacent
properties by virtue of noise or loss of privacy. 
5. The garden space allocated to the proposed house(s) and that remaining for the
existing house should be sufficient for the recreational and amenity needs of the
occupants. 
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6. The proposed development will not cause an unacceptable reduction in privacy to
existing houses and will, itself, enjoy a level of privacy comparable with
surrounding dwellings. 
7. The proposed development will not overshadow adjacent properties to a degree
which results in a significant loss of amenity for residents or is significantly
adversely affected by overshadowing. 
8. All existing features such as trees, hedges, walls, fences and buildings that
contribute to the character of the area should be retained and should not be
adversely affected by the development. 
9. Adequate parking for both the proposed and existing house must be provided
within the site and must not be harmful to the established character and amenity of
the area. 
10. The proposal must not jeopardise or be prejudicial to any future development
proposals in the vicinity.  
3.4 Following the submission of the application the applicant was asked to provide additional
justification for the proposal to demonstrate that the development conforms with the
above policy criteria. The submitted Design and Access Statement states that although
the new dwelling will not have direct frontage to the street the new access will be clearly
defined. It states that the traditional villa located at the end of Rosebank Avenue is
similarly positioned back from the street so there is precedent locally to support this
arrangement. The Design and Access Statement and the additional information submitted
by the applicant also make reference to various planning applications that have been
granted by the Council for new dwellings within the Blantyre and Uddingston areas. Of the
seven examples provided by the applicant no information is available from the Council’s
records in relation to the applicant’s Example 1 - Station Gate,  Example 3 - Stonefield
Road and Example 5 - Douglas Gardens. In terms of the applicant’s Example 2 -
Handibode Gardens (HM/15/0473) this involves to the erection of 3 two bedroom and 6
three bedroom terraced dwellinghouses and ancillary works on a former bowling green on
behalf of Clyde Valley Housing Association. Therefore, this planning application does not
relate to the subdivision of garden ground for the development of a new house. With
regard to the applicant’s Example 4 - Hunthill Road (HM/10/0250) the pattern/character of
development appears to be quite different to that of Rosebank Avenue. The delegated
report for the application stated that “The position of neighbouring residential properties
adjacent to and located in close proximity to the site is irregular and generally do not
follow an established ‘street pattern’ of development.  Subsequently, whilst it is noted that
the proposed development will not have a proper road frontage, many of the surrounding
residential properties do not have a street frontage and therefore the proposal is
considered to be in keeping with the established character of the area.” Reference was
also made to the following planning applications in the applicant’s submission. P/18/0405
- Subdivision of garden ground to form house plot (Planning permission in principle) – 107
Townhead Street, Hamilton. I note from the delegated report that it was considered that
“the proposed house plots; and that of the remaining property, are considered
sympathetic to the surrounding area which contains a varied mix. The proposed house
plot will have a proper road frontage and allow an acceptable level of garden ground to
serve both properties.” P/19/0579 - Sub-division of garden to form three additional house
plots (Planning permission in principle) Silverwood House, Blantyre Mill Road, Bothwell. I
note from the delegated report that it was considered that “The proposed house plots; and
that of the remaining property, are considered sympathetic to the surrounding area which
contains a varied mix. The proposed house plots will have road frontages similar in
arrangement to existing properties within the immediate area and allow an acceptable
level of garden ground to serve the properties.” 
3.5 The submitted Design and Access Statement essentially acknowledges that the proposed
house would not have a proper road frontage of comparable size and form to surrounding
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curtilages when it states that although the new dwelling will not have direct frontage to the
street the new access will be clearly defined. The above statement also makes reference
to a  traditional villa located at the end of Rosebank Avenue being similarly positioned
back from the street so there is precedent locally to support this arrangement. Having
visited the application site and viewed the submitted drawings I would not agree with this
assessment as no dwelling appears to reflect this description. 
3.6 The above examples submitted are noted, however, they are not considered to be relative
to the area surrounding the current application site. I, therefore, remain unconvinced that
the position of the proposed house, situated to the rear of the existing house, would be in
keeping with the established character and pattern of the immediate area. The proposed
dwellinghouse would not provide an appropriate road frontage of comparable size
reflective of surrounding curtilages, a pre-requisite of Policy DM3. Policy DM3 also
requires that both the proposed and remaining plots are sympathetic to the character and
pattern of development in the area and do not result in a development that appears
cramped, visually obtrusive or be of an appearance that is harmful to the character and
amenity of the area. In this regard it is considered that the proposed dwellinghouse is a
form of backland development which would generally be alien to the established character
and pattern of development in the immediate area. I also have concerns regarding the
extent of garden ground proposed for the existing ‘donor’ house comparing it to those
nearby. Whilst the references to the above applications are noted I do not consider that
they hold sufficient weight or carry enough reason to justify a departure from the
development plan in this instance. I am satisfied that there are no material considerations
that outweigh the provisions of the development plan and on this basis, it is considered
that a departure from the development plan cannot be justified. The proposal is contrary
to Policy DM3 of the adopted South Lanarkshire Local Development Plan 2. The Local
Development Plan 2 was adopted by the Council just prior to the application being
submitted and it is considered that it would be an unsound and incorrect decision for the
Council to grant an application which is fundamentally contrary to this Plan. 
3.7 In addition to the above assessment it is worth highlighting that planning application
P/20/1115 for the erection of a detached house at 45 Hunthill Road, Blantyre was refused
by the Council under delegated powers on 27 January 2021 one of the reasons being that
the proposal was contrary to Policy DM3 of the proposed South Lanarkshire Local
Development Plan 2 in that the proposed house, would not be in keeping within the
established pattern of development in the surrounding area.  Furthermore, the proposed
house would not retain a proper road frontage of comparable size and form to
surrounding curtilages. This decision was appealed by the applicant and following a
review of the application, the Council’s Planning Local Review Body (PLRB) decided to
uphold the decision taken in terms of the Scheme of Delegation. 
3.8   In summary and in view of all of the above and the legal requirement to determine and
assess all planning applications in terms of the provisions of the development plan, the
proposal is considered to represent an unacceptable form of development at this location
and is contrary to local plan policy as it fails to meet all of the criteria listed in Policy DM3.
If approved, the proposal would also set an undesirable precedent which could encourage
further similar applications for development within the Council’s area. There are no
material considerations that outweigh the provisions of the development plan, therefore, a
departure from the development plan in this instance cannot be justified. As such, it is
considered that planning permission in principle should be refused for the reasons stated
below. 
4  Reason for decision 
4.1 The proposal is contrary to Policy DM3 of the adopted South Lanarkshire Local
Development Plan 2 in that the proposed house would not be in keeping with the
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established pattern of development in the surrounding area.  Furthermore, the proposed
house would not have a proper road frontage of comparable size and form to surrounding
curtilages. 
Delegating officer:    Bernard Darroch 
Date:   3 July 2022 
Previous references
P/20/1115
P/19/0579
P/18/0405
HM/15/0473
HM/10/0250   
List of background papers
► Application Form
► Application Plans
► South Lanarkshire Local Development Plan 2 (adopted 2021)
►   Outline Planning Design & Access Statement dated 05.11.2020 and email from agent dated
28 October 2021
► Neighbour notification letter dated 09.06.2021
► Press advertisement, Hamilton Advertiser dated 17.06.2021 
► Consultations 
CER Biodiversity Officer 
Countryside And Greenspace 22.06.2021 
Roads Development Management Team 17.06.2021 
Environmental Services 03.08.2021 
Scottish Water 21.06.2021 
► Representations 
Jacqueline O'Donnelly, 27 Rosebank Avenue, Blantyre, Glasgow, South
Lanarkshire, G72 9BB
Dated: 
08.07.2021 
Contact for further information
If you would like to inspect the background papers or want further information, please contact:- 
Jim Blake, Planning officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 453657   
Email: jim.blake@southlanarkshire.gov.uk
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Planning Application
Application number:  P/21/0909 
Reason for refusal 
01. The proposal is contrary to Policy DM3 of the adopted South Lanarkshire Local
Development Plan 2 in that the proposed house would not be in keeping with the
established pattern of development in the surrounding area.  Furthermore, the
proposed house would not have a proper road frontage of comparable size and form
to surrounding curtilages. 
Informatives 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
2101(EX)001  Refused  
2101(EX)100  Refused  
2101(00)100  Refused   
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Consultation Responses
 Response dated 9 June 2021 from Scottish Water
 Response dated 17 June 2021 from Roads and Transportation Services
 Response dated 22 June 2021 from Countryside and Greenspace Services
 Response dated 30 June 2021 from Biodiversity Officer
 Response dated 28 July 2021 from Fleet and Environmental Services 
Appendix 2(b)  5c
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To find out more about connecting your 
property to the water and waste water supply visit:
www.scottishwater.co.uk/business/connections
SW Public
Published
Wednesday, 09 June 2021 
Local Planner
Planning & Economic Development Community & Enterprise Resources
South Lanarkshire Council
Hamilton
ML3 8RE 
Dear Sir/Madam 
SITE: 17 Rosebank Avenue, Blantyre, G72 9BB
PLANNING REF: P/21/0909 
OUR REF: DSCAS-0041938-ZBZ
PROPOSAL: Sub-division of garden ground to form house plot for a two storey
dwellinghouse (Planning Permisson in Principle) 
Please quote our reference in all future correspondence 
Audit of Proposal
Scottish Water has no objection to this planning application; however, the applicant should be
aware that this does not confirm that the proposed development can currently be serviced and
would advise the following: 
Water Capacity Assessment 
Scottish Water has carried out a Capacity review and we can confirm the following: 
 There is currently sufficient capacity in CAMPS Water Treatment Works to service your
development. However, please note that further investigations may be required to be
carried out once a formal application has been submitted to us. 
Waste Water Capacity Assessment 
 There is currently sufficient capacity for a foul only connection in the BOTHWELLBANK 
Waste Water Treatment works to service your development. However, please note
that further investigations may be required to be carried out once a formal application
has been submitted to us. 
Please Note 
Development Operations
The Bridge
Buchanan Gate Business Park
Cumbernauld Road
Stepps
Glasgow
G33 6FB 
Development Operations
Freephone  Number - 0800 3890379
E-Mail - DevelopmentOperations@scottishwater.co.uk
www.scottishwater.co.uk 
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To find out more about connecting your 
property to the water and waste water supply visit:
www.scottishwater.co.uk/business/connections
SW Public
Published 
 The applicant should be aware that we are unable to reserve capacity at our water
and/or waste water treatment works for their proposed development. Once a formal
connection application is submitted to Scottish Water after full planning permission has
been granted, we will review the availability of capacity at that time and advise the
applicant accordingly. 
Surface Water 
For reasons of sustainability and to protect our customers from potential future sewer flooding,
Scottish Water will not accept any surface water connections into our combined sewer system. 
There may be limited exceptional circumstances where we would allow such a connection for
brownfield sites only, however this will require significant justification from the customer taking
account of various factors including legal, physical, and technical challenges. 
In order to avoid costs and delays where a surface water discharge to our combined sewer
system is anticipated, the developer should contact Scottish Water at the earliest opportunity
with strong evidence to support the intended drainage plan prior to making a connection
request. We will assess this evidence in a robust manner and provide a decision that reflects
the best option from environmental and customer perspectives. 
General notes: 
 Scottish Water asset plans can be obtained from our appointed asset plan providers: 
 Site Investigation Services (UK) Ltd
 Tel: 0333 123 1223  
 Email: sw@sisplan.co.uk
 www.sisplan.co.uk 
 Scottish Water’s current minimum level of service for water pressure is 1.0 bar or 10m
head at the customer’s boundary internal outlet.  Any property which cannot be
adequately serviced from the available pressure may require private pumping
arrangements to be installed, subject to compliance with Water Byelaws. If the
developer wishes to enquire about Scottish Water’s procedure for checking the water
pressure in the area, then they should write to the Customer Connections department
at the above address. 
 If the connection to the public sewer and/or water main requires to be laid through land
out-with public ownership, the developer must provide evidence of formal approval
from the affected landowner(s) by way of a deed of servitude. 
 Scottish Water may only vest new water or waste water infrastructure which is to be
laid through land out with public ownership where a Deed of Servitude has been
obtained in our favour by the developer. 
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To find out more about connecting your 
property to the water and waste water supply visit:
www.scottishwater.co.uk/business/connections
SW Public
Published
 The developer should also be aware that Scottish Water requires land title to the area
of land where a pumping station and/or SUDS proposed to vest in Scottish Water is
constructed. 
 Please find information on how to submit application to Scottish Water at our Customer
Portal. 
Next Steps: 
 All Proposed Developments 
All proposed developments require to submit a Pre-Development Enquiry (PDE) Form
to be submitted directly to Scottish Water via our Customer Portal prior to any formal
Technical Application being submitted. This will allow us to fully appraise the
proposals. 
Where it is confirmed through the PDE process that mitigation works are necessary to
support a development, the cost of these works is to be met by the developer, which
Scottish Water can contribute towards through Reasonable Cost Contribution
regulations. 
 Non Domestic/Commercial Property: 
Since the introduction of the Water Services (Scotland) Act 2005 in April 2008 the
water industry in Scotland has opened to market competition for non-domestic
customers.  All Non-domestic Household customers now require a Licensed Provider
to act on their behalf for new water and waste water connections. Further details can
be obtained at www.scotlandontap.gov.uk 
 Trade Effluent Discharge from Non Dom Property: 
 Certain discharges from non-domestic premises may constitute a trade effluent
in terms of the Sewerage (Scotland) Act 1968.  Trade effluent arises from
activities including; manufacturing, production and engineering; vehicle, plant
and equipment washing, waste and leachate management. It covers both large
and small premises, including activities such as car washing and launderettes.
Activities not covered include hotels, caravan sites or restaurants. 
 If you are in any doubt as to whether the discharge from your premises is likely
to be trade effluent, please contact us on 0800 778 0778 or email
TEQ@scottishwater.co.uk using the subject “Is this Trade Effluent?". 
Discharges that are deemed to be trade effluent need to apply separately for
permission to discharge to the sewerage system.  The forms and application
guidance notes can be found here.
 Trade effluent must never be discharged into surface water drainage systems
as these are solely for draining rainfall run off.
 For food services establishments, Scottish Water recommends a suitably sized
grease trap is fitted within the food preparation areas, so the development
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To find out more about connecting your 
property to the water and waste water supply visit:
www.scottishwater.co.uk/business/connections
SW Public
Published
complies with Standard 3.7 a) of the Building Standards Technical Handbook
and for best management and housekeeping practices to be followed which
prevent food waste, fat oil and grease from being disposed into sinks and
drains.
 The Waste (Scotland) Regulations which require all non-rural food businesses,
producing more than 50kg of food waste per week, to segregate that waste for
separate collection. The regulations also ban the use of food waste disposal
units that dispose of food waste to the public sewer. Further information can be
found at www.resourceefficientscotland.com 
I trust the above is acceptable however if you require any further information regarding this
matter please contact me on 0800 389 0379 or via the e-mail address below or at
planningconsultations@scottishwater.co.uk. 
Yours sincerely, 
Pamela Strachan
Development Operations Analyst
Tel: 0800 389 0379
developmentoperations@scottishwater.co.uk 
Scottish Water Disclaimer: 
“It is important to note that the information on any such plan provided on Scottish Water’s
infrastructure, is for indicative purposes only and its accuracy cannot be relied upon.  When the
exact location and the nature of the infrastructure on the plan is a material requirement then you
should undertake an appropriate site investigation to confirm its actual position in the ground and
to determine if it is suitable for its intended purpose.  By using the plan you agree that Scottish
Water will not be liable for any loss, damage or costs caused by relying upon it or from carrying
out any such site investigation." 
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Community and Enterprise Resources
Executive Director Michael McGlynn
Roads and Transportation Services – Transportation Engineering 
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB 
Email: enterprise.hq@southlanarkshire.gov.uk  
To:  Planning and Economic
Development
Planning Application No: P/21/0909  
Case Officer: Jim Blake
From: Development Management 
Roads and Transportation Services
Contact: Mark Wilkie
Date: 17 June 2021    
Subject: OBSERVATIONS ON PLANNING APPLICATION P/21/0909
Location: 17 Rosebank Avenue, Blantyre 
I refer to the above application for the sub-division of garden ground to form house plot for a two-storey
dwellinghouse (Planning permission in principle). 
The general Impact of the development proposal is suitable at this location.  Access would be taken onto
Rosebank Avenue via an existing private access.  There is adequate visibility of 2m x 43m onto Rosebank
Avenue.   
For a 2 or 3-bed house, 2 off-street car parking spaces are required,  For a 4 or more bed house, 3 off-street
car parking spaces are required.  These should be in modules of 3m x 6m. 
This service would wish to support this application, with a suitable condition about parking. 
Engineering Manager 
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1
Arnott, Jacqueline
From: Maddison, Louisa
Sent: 22 June 2021 10:17
To: Blake, Jim; Planning
Cc: Pilpel, Simon
Subject: P/21/0909
Hi, 
Please find attached response to application: 
P/21/0909 | Sub-division of garden ground to form house plot for a two storey dwellinghouse (Planning
Permisson in Principle) | 17 Rosebank Avenue Blantyre G72 9BB 
As noted – the boundary of this application needs to be revised – according to the SLC ownership mapping
the development boundary is impinging on SLC land and therefore the pLNR boundary. 
Map attached. 
Regards, 
Louisa Maddison 
Biodiversity Officer 
Countryside & Greenspace Service
Facilities, Waste & Grounds Services
Community & Enterprise Resources
South Lanarkshire Council 
18 Forrest Street
Blantyre
G72 0JP 
I work 8am-2.30pm (until 4.30pm on Tues) 
Tel: 07788 351 851 
louisa.maddison@southlanarkshire.gov.uk
www.southlanarkshire.gov.uk 
SLC Countryside Rangers  South Lanarkshire Biodiversity Partnership 
www.NHSinform.scot/Covid-19 
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2
 
 
 
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Community and Enterprise Resources
Executive Director Michael McGlynn
Facilities, Waste and Grounds Services 
Consultation response 
To:  Planning & Building Standards Service  Our ref: 
Your ref: 
cc: Jim Blake
Simon Pilpel
If calling ask
for: 
Louisa Maddison
Phone: 01698 717797 
From: Louisa Maddison Date: Wednesday, 30 June 2021 
Subject: 
P/21/0909 | Sub-division of garden ground to form house plot for a two storey dwellinghouse (Planning
Permisson in Principle) | 17 Rosebank Avenue Blantyre G72 9BB 
I refer to the above planning application and have no objections subject to conditions; 
• The boundary of the application does not appear to match SLC ownership; this needs to be
clarified before any works or approval begins. 
• The development is adjacent to a proposed Local Nature Reserve (which matches the SLC
ownership; therefore the application boundary is currently within the pLNR). There should
be no impact beyond the site boundary; all works including drainage should remain within
the development site. 
Should you require any further information, please get in touch. 
Regards, 
Louisa Maddison
Biodiversity Officer 
Community & Enterprise Resources
18 Forrest Street, Blantyre, G72 0JP
Email:  louisa.maddison@southlanarkshire.gov.uk   
Councils website: www.southlanarkshire.gov.uk 
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P/21/0909
HM/06/0209
HM/00/0389
HM/99/0538
HM/99/0402
HM/01/0197
HM/14/0550
HM/00/0247
HM/01/0406
HM/02/0322
HM/99/0045
HM/07/0155
HM/11/0226
HM/06/0147
1:736© Crown Copyright and
database right 2020.
All rights reserved.
Ordnance Survey
Licence number
100020730. ±
SLC Legal Title
Legal Title
Type
ACQUISITION
ACQUISITION LEASE
DISPOSAL
LEASED OUT
SUPERIORITY
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Community and Enterprise Resources
Executive Director Michael McGlynn
Facilities, Waste and Grounds Services 
Consultation response 
To:  Planning & Building Standards Service  Our ref: 
Your ref: 
cc: Jim Blake
Simon Pilpel
If calling ask
for: 
Louisa Maddison
Phone: 01698 717797 
From: Louisa Maddison Date: Wednesday, 30 June 2021 
Subject: 
P/21/0909 | Sub-division of garden ground to form house plot for a two storey dwellinghouse (Planning
Permisson in Principle) | 17 Rosebank Avenue Blantyre G72 9BB 
I refer to the above planning application and have no objections subject to conditions; 
• The boundary of the application does not appear to match SLC ownership; this needs to be
clarified before any works or approval begins. 
• The development is adjacent to a proposed Local Nature Reserve (which matches the SLC
ownership; therefore the application boundary is currently within the pLNR). There should
be no impact beyond the site boundary; all works including drainage should remain within
the development site. 
Should you require any further information, please get in touch. 
Regards, 
Louisa Maddison
Biodiversity Officer 
Community & Enterprise Resources
18 Forrest Street, Blantyre, G72 0JP
Email:  louisa.maddison@southlanarkshire.gov.uk   
Councils website: www.southlanarkshire.gov.uk 
5c
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Community & Enterprise Resources
Executive Director Michael McGlynn
Fleet and Environmental Services
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB  Phone: 08457 406080
Minicom: 01698 454039  Email: brian.sim@southlanarkshire.gcsx.gov.uk                                   
To:  Planning & Building Standards Services  Our Ref. BXS/443507
Your Ref. P/21/0909
If Calling Ask for Brian Sim
CC: Jim Blake Phone 
From: Brian Sim Date. 28 July 2021     
Subject: Application Ref: P/21/0909 
Address: 17 Rosebank Avenue
Blantyre
Glasgow
G72 9BB                                                                     
Proposed Development: Sub-division of garden ground to form house plot
for two storey 
I refer to the above planning application consultation and would comment as follows; 
We have no objections to the proposal. 
Brian Sim
Environmental Health Officer
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244

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Representations 
Representation From Dated
 Jacqueline Donnelly, by email 30/06/21 
Appendix 2(c)  5d
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246

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1
Arnott, Jacqueline
From: James O'Donnelly
Sent: 30 June 2021 15:04
To: Planning
Subject: Planning Objection P/21/0909
Sir/Madam,
I am writing to object to a planning application for the property of 17 Rosebank Avenue, Blantyre.
We live at 27 Rosebank Avenue and our objections are on the following grounds: 
- The post code of the property on the notification notice does not correspond with the property or the
surrounding area.
- The ground that is being proposed for building is raised land against a large wall joined with our
property.  This is a single brick wall, not designed for building to take place on the said property.  We are
concerned the wall will collapse if work is carried out or heavy vehicles operate on the property.
- We believe our privacy will be impinged upon if a property is built on this land.
- The property sits on a Private Road maintained by residents.  Building work would result in wear/tear and
damage to road.
- Possible problems with sewage and drainage access.  Old system serving the old houses in full street is
currently the only access available. 
Regards 
Jacqueline O'Donnelly
5d
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248

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Site photographs and location plan 
Appendix 3  5e
249

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250

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Photo 1 
5e
251

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Photo 2 
252

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Photo 3 
253

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254

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Photo 1
5e
255

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256

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Planning Decision Notice and Reasons for Refusal 
Appendix 4  5f
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Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Email jim.blake@southlanarkshire.gov.uk Phone: 01698 453657 
Community And Enterprise Resources
Executive Director David Booth
Planning And Regulatory Services 
Paul Hughes
Blue Square
272 Bath Street
Glasgow
G2 4JR 
Our Ref: P/21/0909
Your Ref: 
If calling ask for: Jim Blake
Date: 5 July 2022 
Dear Sir/Madam 
Proposal: Sub-division of garden ground to form house plot for a two storey
dwellinghouse (Planning Permisson in Principle)
Site address: 17 Rosebank Avenue, Blantyre, G72 9BB
Application no: P/21/0909 
I would advise you that the above application was refused by the Council and I enclose the
decision notice which sets out the reasons for refusal.  Please note that the Council does not
issue paper plans with the decision notice. The application is refused in accordance with the
plans and any other documentation listed in the reasons for refusal imposed on the
accompanying decision notice and which can be viewed using the  Council’s online planning
application search at www.southlanarkshire.gov.uk 
If you consider that you can overcome the reasons for refusal and that it is not the principle of the
development that is unacceptable, you may submit an amended application.  If you do amend
your proposals and re-apply within one year of this refusal, then you will not have to pay a fee,
provided the proposal is of the same character or description as the application which has just
been refused. 
As your application has been refused, you may appeal against the decision within 3 months of
the date of the decision notice.  The attached notes explain how you may appeal. 
Should you have any enquiries relating to the refusal of your application or a potential amended
submission, please contact Jim Blake on 01698 453657 
The Planning Service is undertaking a Customer Satisfaction Survey in order to obtain feedback
about how we can best improve our Service to reflect the needs of our customers. The link to the
survey can be found here: 
If you were the applicant: http://tinyurl.com/nrtgmy6 
If you were the agent: http://tinyurl.com/od26p6g 
We would be grateful if you would take a few minutes to answer the questions in the survey
based on your experience of dealing with the Planning Service in the past 12 months.  We value
your opinion and your comments will help us to enhance areas where we are performing well, but
will also show us where there are areas of the service that need to be improved. 
5f
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I do hope you can take part in this Customer Survey and look forward to receiving your
comments in the near future. If you prefer to complete a paper version of the survey, please
contact us by telephone on 0303 123 1015, selecting option 7, quoting the application number.
We will send you a copy of the survey and a pre-paid envelope to return it. 
Yours faithfully 
Head of Planning and Economic Development 
Enc:  
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Town and Country Planning (Scotland) Act 1997 as amended
by the Planning etc (Scotland) Act 2006 
To : Mr Eddie MacNeil  Per : Paul Hughes 
17 Rosebank Avenue,
Blantyre, G71 7SS, 
Blue Square, 272 Bath
Street, Glasgow, G2 4JR, 
With reference to your application received on 14.05.2021 for planning permission in principle
under the above mentioned Act : 
Description of proposed development: 
Sub-division of garden ground to form house plot for a two storey
dwellinghouse (Planning Permisson in Principle) 
Site location: 
17 Rosebank Avenue, Blantyre, G72 9BB 
South Lanarkshire Council in exercise of their powers under the above mentioned Act hereby: 
REFUSE PLANNING PERMISSION IN PRINCIPLE 
for the above development in accordance with the plan(s) specified in this decision notice and the
particulars given in the application, for the reason(s) listed overleaf in the paper apart. 
Date: 5th July 2022 
Head of Planning and Economic Development 
This permission does not grant any consent for the development that may be required under
other Legislation, e.g. Planning Permission, Building Warrant or Roads Construction Consent. 
South Lanarkshire Council
Community and Enterprise Resources
Planning and Economic Development     
Application no.
P/21/0909 
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South Lanarkshire Council 
Refuse planning permission in principle 
Paper apart - Application number: P/21/0909 
Reason(s) for refusal: 
01. The proposal is contrary to Policy DM3 of the adopted South Lanarkshire Local
Development Plan 2 in that the proposed house would not be in keeping with the
established pattern of development in the surrounding area.  Furthermore, the proposed
house would not have a proper road frontage of comparable size and form to surrounding
curtilages. 
Reason(s) for decision 
The proposal is contrary to Policy DM3 of the adopted South Lanarkshire Local Development
Plan 2 in that the proposed house would not be in keeping with the established pattern of
development in the surrounding area.  Furthermore, the proposed house would not have a proper
road frontage of comparable size and form to surrounding curtilages. 
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Notes to applicant 
Application number: P/21/0909 
Important
The following notes do not form a statutory part of this decision notice. However, it is
recommended that you study them closely as they contain information which guides you to other
relevant matters that may assist in ensuring that the development is properly carried out. 
01. This decision relates to drawing numbers: 
Reference Version No: Plan Status  
2101(EX)001  Refused  
2101(EX)100  Refused  
2101(00)100  Refused   
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COMMUNITY AND ENTERPRISE RESOURCES
EXECUTIVE DIRECTOR David Booth
Planning and Economic Development 
Important notes 
Town and Country Planning (Scotland) Act 1997 
1. Compliance with conditions 
Under the provisions of the Town and Country Planning (Scotland) Act 1997 (Section
145), failure to comply with any condition(s) imposed on any planning permission may
result in the service by the Council of a “Breach of Condition Notice” requiring compliance
with the said condition(s). 
There is no right of appeal against such a Notice and failure to comply with the terms of
the Notice within the specified time limit will constitute a summary offence, liable on
summary conviction to a fine not exceeding £1000. 
2. Procedure for appeal to the planning authority 
(a) If the applicant is aggrieved by the decision of the planning authority to refuse permission
for or approval required by a condition in respect of the proposed development, or to
grant permission or approval subject to conditions, the applicant may require the planning
authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997, within three months from the date of this notice.  The notice of
review should be addressed to: 
Executive Director (Corporate Resources)
Council Headquarters
Almada Street
Hamilton
ML3 0AA 
To obtain the appropriate forms: 
Administrative Services at the above address. 
Telephone: 01698 454108
E-mail:   pauline.macrae@southlanarkshire.gov.uk 
(b) If permission to develop land is refused or granted subject to conditions, whether by the
planning authority or by the Scottish Ministers, and the owner of the land claims that the
land has become incapable of reasonably beneficial use in its existing state and cannot
be rendered incapable of reasonably beneficial use by the carrying out of any
development which has been or would be permitted, he may serve on the planning
authority a purchase notice requiring the purchase of his interest in the land in
accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 
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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant E MacNeil 
Appendix 5  5g
265

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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 100591415-001
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.
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
GlenEtiveProjects
Paul
hughes
Mitchell St
90
Gordons Chamber
G1 3NQ
United Kingdom
Glasgow
1
5g
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Page 2 of 5
Applicant Details
Please enter Applicant details
Title: You must enter a Building Name or Number, or both: *
Other Title: Building Name:
First Name: * Building Number:
Address 1
Last Name: * (Street): *
Company/Organisation Address 2:
Telephone Number: * Town/City: *
Extension Number: Country: *
Mobile Number: Postcode: *
Fax Number:
Email Address: *
Site Address Details
Planning Authority:
Full postal address of the site (including postcode where available):
Address 1: 
Address 2:
Address 3:
Address 4:
Address 5:
Town/City/Settlement:
Post Code:
Please identify/describe the location of the site or sites
Northing Easting
Mr
17 ROSEBANK AVENUE
eddie
South Lanarkshire Council
Macneil
BLANTYRE
Rosebank
17
GLASGOW
G72 9BB
G72 9BB
scotland
658029
Blantyre
269406
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Page 3 of 5
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters)
Type of Application
What type of application did you submit to the planning authority? *
  Application for planning permission (including householder application but excluding application to work minerals).
  Application for planning permission in principle.
  Further application.
  Application for approval of matters specified in conditions.
What does your review relate to? *
  Refusal Notice.
 Grant of permission with Conditions imposed.
  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require  to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: *  (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances.
Have you raised any matters which were not before the appointed officer  at the time the  Yes   No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
The proposal is to create a second plot within the garden ground and dedicated access to the plot.
The historic nature of Blantyre has resulted a fragmented organic urban.  There are various plots which have been granted in rear
gardens and back land style of plots .  We believe this is under utilised ground and suitable for a plot and dedicates access.
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only,  without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes   No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes   No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes    No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure  you have provided all the necessary information in support of your appeal. Failure
to submit all this  information may result in your appeal  being deemed invalid.
Have you provided the name and address of the applicant?.  *  Yes   No
Have you provided the date and reference number of the application which is the subject of this  Yes   No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes   No   N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes   No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes   No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Design and Access Statement. Precedent of sub divsion of plots
P/21/0909
05/07/2022
14/05/2021
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr Paul Hughes
Declaration Date: 25/08/2022
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Outline Planning Design & Access Statement
17 Rosebank Avenue_BlantyreData from: Wikipedia
Blantyre, South Lanarkshire
Population: 16,900 (2016)
Image courtesy of Ordnance SurveyImage courtesy of Ordnance Survey
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Introduction
This Design & Access Statement has been produced to
accompany the application for Outline Planning Consent
for the subdivision of garden ground of 17 Rosebank
Avenue Blantyre to create a new 2 storey dwelling with
a separate double garage to the rear of the existing
bungalow.
The application seeks to establish whether the scale and
nature of the proposal would be acceptable to South
Lanarkshire Council prior to the submission of a fully
detailed proposal.
This Design & Access Statement has been prepared by
Glen Etive Projects and HAYME Architecture and Design
and will review both planning and design issues in
support of this application.
The adjacent location plan shows the land holding in blue
and the application site in red.
Outline Planning Design & Access Statement
17 Rosebank Avenue_Blantyre
35
14
15
ROSEBANK AVENUE
11 11a
10
28
20
12
24
Path
17
25
29
27
31
33
Location Plan - not to scale
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The Site
Rosebank Avenue is in Blantyre, South Lanarkshire and
sits in close proximity to Blantyre Train Station.  Rosebank
Avenue is an ‘L’ shaped cul-de-sac lined with a mix of
property types including traditional 2 storey sandstone
villas, new build bungalows and terraced homes
(accessible from Toward Court an inner facing courtyard
development behind original houses) and modern brick
faced flatted blocks. 
The areas proximity to the railway means it has seen
several phases of redevelopment resulting in the street
and surrounding area becoming a patchwork of styles,
materials and heights.
The application site is part of the plot owned by no. 17
Rosebank Avenue which sits at the elbow of the road. 
The site is occupied by a 1970’s bungalow, a lightweight
garage to the street and a storage shed to the rear.  The
overall plot is 1,746 m2 / 0.43 acres with the application
site 1,212 m2 / 0.29 acres. 
The proposed new plot is situated to the rear of the
existing house where the land sits approximately 1.5m
below the existing road level.  The proposed plot would
benefit from direct dedicated access from Rosebank
Avenue improving upon existing access arrangements.
Outline Planning Design & Access Statement
17 Rosebank Avenue_Blantyre
View from Rosebank Avenue of no.17 & access to plot View across site from access to side of no.17 View of rear facade and existing terraced garden space of no.17
View from bottom of slope looking back to Rosebank Avenue View across site towards boundary wall with no. 25/27 garden View of northern edge of site and access arrival point
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Site Analysis
Outline Planning Design & Access Statement
17 Rosebank Avenue_Blantyre
Urban Grain
In compliance with the SG3 policy DM3 ‘Subdivision
of Garden Ground’, the proposed house is of a scale
and massing sympathetic to the character and pattern
of development in the area and does not result in a
development that appears cramped, visually obtrusive
or be of an appearance which is so out of keeping
with the established character that it is harmful to the
amenity of the area.
Urban Grain As Existing
Urban Grain As Proposed
Overshading & Amenity
In compliance with the SG3 policy DM3 ‘Subdivision
of Garden Ground’, the proposed development will
not overshadow adjacent properties or result in the
signification loss of amenity or itself be significantly
adversely affected by over shadowing.  The garden
space allocated to the proposed house and remaining
for the existing house is sufficient for the recreational,
amenity and drying needs of the occupants.
Access, Movement & Use
The proposed vehicular access is of an adequate
standard and will not have adverse implications for the
traffic safety or adversely affect the amenity of adjacent
properties by virtue of noise or loss of privacy. The
existing parking arrangements to the front of no.17 will
be retained, the existing garage replaced and the new
dedicated garage & parking area for the new dwelling
will create a bufferzone between the 2 plots.
Boundaries & Edges
Existing features such as trees, hedges, walls, fences
and buildings that contribute to the character of the
area will be retained and enhanced by the proposal. .  A
landscaped bufferzone will be established between the
2 plots and the edge to the north defined with planting
and fencing. The trees which bound the eastern edge
along the existing pedestrian footpath will be retained
and the fence along this edge upgraded.
AMPM
Indicative Midday Shadow As Existing
AMPM
Indicative Midday Shadow with Proposal
Access & Parking as Existing
Access & Parking as Proposed
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Proposed Site Plan
The adjacent plan illustrates the proposed subdivision
of the plot (outline in blue) and the relationship between
the existing dwelling and the proposed house.  The
existing house will retain the area hatched in yellow with
the access from Rosebank Avenue and the refuse and
recycling area, the access ramp and the area of structured
planting shared by both plots.  The remained of the site
would be given to the new development.
The existing garage which fronts to Rosebank Avenue will
be removed to allow for a shared hard surfaced refuse
and recycling collection point within easy access to the
road for collection. This area will be enclosed with a brick
wall which will offer the opportunity for signage for the
new house.  The occupiers of the new house will require
to take their bins to this area for collection from their
dedicated storage located adjacent to their parking area.
A new double garage for no. 17 will be located adjacent
to the refuse collection point. The existing front garden /
parking area to no.17 will remain as existing.
A new double garage and dedicated parking area with a
planted buffer zone will create a defined edge between the
2 plots.  The existing access strip from Rosebank Avenue
will be upgraded to create a dedicated access to the new
plot.  The area to the north will be cleared and planted
to structure this edge with new fencing to the proposed
garden boundary.
The existing brick wall to the neighbouring property
(25/27) will be retained and repaired where necessary.
The new dwelling sits 21m from the existing house which
complies with the minimal window to window distances
of 20m.  Although not detailed it is imagined that the
principal rooms will have their main aspect to the north/
east and south to minimise overlooking further.
Outline Planning Design & Access Statement
17 Rosebank Avenue_Blantyre
17
2527
refuse &
recycling
collection
point
11m garden new double
garage
proposed new dwelling
replacement
double
garage
for no.17 structured planting to edge
permeable paving
to entrance
courtyard
south easterly facing
private garden
1:10 gradient ramp
~1.5m level change
21m between properties
bin store
A
existing boundary wall retained
new boundary fencing
defined garden
for no.17
Proposed Site Plan - not to scale
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Site Section - Massing & Scale
The adjacent sections seek to present the proposed
massing and proposed scale of the new house on the 
plot behind no.17.
The existing dwelling is a simple 1970’s style bungalow,
which is unusual to this side of the street which is defined
by traditional 2.5 storey stone townhouses. 
It is proposed that the new dwelling will be 2 storeys with
a pitched roof orientated in the same direction as the
existing house. The change in level allows for a 2 storey
house to sit comfortably in this context. 
Although the new dwelling will not have direct frontage
to the street the new access will be clearly defined and
the dwelling will benefit from views over the Clyde and
beyond to the East.  The traditional villa located at the
end of Rosebank Avenue is simarly positioned back from
the street so their is precedent locally to support this
arrangement.
The existing raised terrace used by no.17 will be extended
by 4.5m to create a level, generous 11m deep south
easterly facing private garden. 
The new plot will benefit from a garden to 3 sides of the
dwelling with the mature trees retained along the edge
which slopes down to the public footpath. The new
dwelling, associated planting and garage will improve
the outlook from this terraced area which currently looks
across overgrown waste land and the positioning of the
new dwelling will not impact on sunlight nor privacy.
Outline Planning Design & Access Statement
17 Rosebank Avenue_Blantyre
Rosebank Avenue
Rosebank Avenue
existing
garage
refuse
collection
point
new
double
garage
no.17
single storey
bungalow
no.17
single storey
bungalow
existing
front garden/parking
existing
terrace
overgrown waste ground
extended terrace
garden for no.17
garage and planted
bufferzone
new 2 storey
dwelling
mature trees
on slope
path
open views
mature trees
on slope
pathsouth/easterly facing
private garden
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Precedents of Subdivision of Garden Ground
The surrounding area has precedents of many examples
of successful subdivision  of garden ground. 
Adjacent are 2 examples of recent applications for the
sub-division of garden ground which are comparable to
our proposals for the rear of 17 Rosebank Avenue.
Conclusions
The proposed sub-division of the garden ground and
use for a new build dwelling comply with and meet the
criteria in adopted Local Development Plan, relevant
supplementary guidance and National Planning Guidance. 
Local Development 2 2020 (LDP)
LDP Policy 5
Supplementary Guidance
• SG3: Development Management and Placemaking 
and Design
• Chapter 5 Subdivision of Garden Ground
• SPG Residential Design Guide August 2011
The subdivision of the plot will have no negative impact on
the existing property nor the neighbouring properties and
will address what is currently vacant unused land.  The
proposal itself will create a family home within generous
private gardens. 
Outline Planning Design & Access Statement
17 Rosebank Avenue_Blantyre
P/19/0579 | Sub-division of garden to form three additional house plots (Planning
permission in principle) | Silverwood House Blantyre Mill Road Bothwell G71 8DZ 
Policy
South Lanarkshire Local Development Plan 2 (proposed)
Policy 3 - General Urban Area/Settlements 
Policy 5 - Development Management and Placemaking
Policy DM1 - New Development Design
Policy DM3 - Sub-Division of Garden Ground
Policy DM15 - Water Supply
Policy DM16 - Foul Drainage and Sewerage
Policy NHE18 – Walking, Cycling and Riding Routes 
Approved 
P/18/0405 | Subdivision of garden ground to form house plot (Planning permission
in principle) | 107 Townhead Street Hamilton ML3 7BX 
Furthermore, any future development can be achieved without significant impact on the
amenity or privacy of neighbouring properties. 
Approved
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35
14
15
ROSEBANK AVENUE
11 11a
9
10
28
40
20
12
24
Path
17
25
29
27
31
33
title no: LAN189322
title no: LAN192072
title no: LAN22878
ownership boundary = 0.17 hectares
application boundary = 0.12 hectares
building to be demolished
DO NOT SCALE FROM THIS DRAWING.
THIS DRAWING IS BASED ON DIMENSIONAL SURVEY
INFORMATION PROVIDED BY OTHERS.
OS MAP BASE - OS ©Crown Copyright and database rights 2021
OS Licence no. 100051661
ALL DIMENSIONS ARE SHOWN IN METRIC.
THIS DRAWING REMAINS THE COPYRIGHT OF
HAYME Architecture 	 Design Ltd.
DRAWING NO.
SCALE @ A3 DATE DRAWN BY
TITLE
STATUS
REV
CLIENT:
NOTES:
REV. REASON FOR ISSUE DATE
PROJECT
SCALE @ 1:1
OUTLINE PLANNING
17 Rosebank Avenue, Blantyre
Location Plan as Existing
2101(EX)001
1:500 30.04.21 SHAY A
A BOUNDARY ADJUSTED / TITLE INFO ADDED 13.08.21
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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 6  5h
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Notice of Review – 17 Rosebank Avenue, Blantyre, G72 9BB 
Statement of Observations
Planning Appeal - Sub-Division of Garden Ground to Form House Plot for a Two-
Storey Dwelling House (Planning Permission in Principle) (P/21/0909) 
1 Planning background
1.1 Mr. Eddie MacNeil submitted a planning application (reference: P/21/0909) on
14 May 2021 to South Lanarkshire Council for the sub-division of garden ground
to form a house plot for a two storey dwellinghouse (Planning Permission in
Principle) at 17 Rosebank Avenue, Blantyre. After due consideration of the
application in terms of the Development Plan and all other material planning
considerations, planning application P/21/0909 was refused by the Council
under delegated powers on 5 July 2022 for the reasons listed in the decision
notice.
1.2  The report of handling dated 29 June 2022 explains in detail all material
planning considerations and the reasons/justification for the decision. The
reasons for refusal are listed in the decision notice.  These documents are both
available elsewhere within the papers.
2    Assessment against the development plan and other relevant policies
2.1  Section 25 of the Town and 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. 
2.2  The development plan in this instance comprises the adopted South
Lanarkshire Local Development Plan 2 (2021) and its associated
supplementary guidance. The provisions of the Clydeplan, the Strategic
Development Plan, are not directly applicable given the nature and scale of the
proposal (now appeal). The appeal site is located within a General Urban Area
in the adopted South Lanarkshire Local Development Plan 2. The proposal is
affected by Policy 1 - Spatial Strategy, Policy 2 - Climate Change, Policy 3 -
General Urban Areas and Settlements, Policy 5 - Development Management
and Place Making, Policy DM1 - New Development Design and Policy DM3 -
Subdivision of Garden Ground. 
2.3  Whilst application P/21/0909 was for planning permission in principle, an
indicative plan was submitted with the application showing the footprint of a
detached dwellinghouse and a detached garage both located to the rear of the
existing detached bungalow on the site. As part of the planning application
process, consultations were undertaken and statutory neighbour notification
was carried out. In addition, the application was advertised in the Hamilton
5h
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Advertiser under the heading Non-notification of Neighbours. As a result of the
above publicity, one letter of representation was received by the Council. The
Report of Handling concisely summarises the issues raised and provides an
appropriate planning response. 
3 Observations of applicants 'Notice of Review'
3.1  In the submitted ‘Notice of Review’ and associated supporting information the
applicant has identified matters in support of their request for a review.  The
applicant’s statement of reasons for requesting a review of the application have
been highlighted below and detailed comments from the Planning Service on
each of these issues are below. 
3.2 The historic nature of Blantyre has resulted in fragmented organic urban.
This may be the case historically in some older parts of Blantyre and indeed
perhaps historically throughout South Lanarkshire. However, in view of the legal
requirement to determine and assess all planning applications in terms of the
provisions of the development plan the most important aspect to take into
consideration is the fact that the proposed development is contrary to Policy
DM3 of the adopted South Lanarkshire Local Development Plan 2 in that the
proposed house would not be in keeping with the established pattern of
development in the surrounding area. Furthermore, the proposed house would
not have a proper road frontage of comparable size and form to surrounding
curtilages. 
3.3 The Design and Access Statement, which was submitted with the planning
application and submitted again under this review, states that although the new
dwelling will not have direct frontage to the street the new access will be clearly
defined. It states that the traditional villa located at the end of Rosebank Avenue
is similarly positioned back from the street so there is precedent locally to
support this arrangement. In this regard, it is not accepted that the house
referred to is similarly positioned back from the street. Whilst the house is set
back slightly from the adjacent dwelling it is not “similarly set back” when
compared to the position of the proposed house as is suggested. Furthermore,
the traditional villa referred to also benefits from having a road frontage. Whilst
it is accepted that this frontage is narrower than others in the street the dwelling
was constructed a considerable time prior to South Lanarkshire Council’s
planning policies being introduced and the property clearly has a road frontage
unlike the proposal which is clearly “backland development”. 
3.4 There are various plots which have been granted in rear gardens and back
land style of plots.
The Design and Access Statement submitted by the applicant makes reference
to two planning applications that have been granted by the Council for new
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dwellings within the Blantyre and Uddingston areas: Applications P/18/0405
and P/19/0579. In terms of application P/18/0405 - Subdivision of garden
ground to form house plot (Planning permission in principle) – 107 Townhead
Street, Hamilton, it has been noted from the delegated report that it was
considered that “the proposed house plots; and that of the remaining property,
are considered sympathetic to the surrounding area which contains a varied
mix. The proposed house plot will have a proper road frontage and allow an
acceptable level of garden ground to serve both properties.” In relation to
application P/19/0579 - Sub-division of garden to form three additional house
plots (Planning permission in principle) Silverwood House, Blantyre Mill Road,
Bothwell, the delegated report notes that it was considered that “The proposed
house plots; and that of the remaining property, are considered sympathetic to
the surrounding area which contains a varied mix. The proposed house plots
will have road frontages similar in arrangement to existing properties within the
immediate area and allow an acceptable level of garden ground to serve the
properties.” 
3.5 As noted in the Report of Handling, following the submission of planning
application P/21/0909 the applicant was asked to provide additional justification
for the proposal to demonstrate that the development conforms with the criteria
listed in Policy DM3 of the South Lanarkshire Local Development Plan 2. In this
regard, the additional information submitted by the applicant included
references to five examples of new dwellings within the Blantyre and
Uddingston areas. However, of the examples provided by the applicant no
information is available from the Council’s records in relation to the applicant’s
Example 1 located at Station Gate, Example 3 located at Stonefield Road and
Example 5 located at Douglas Gardens. In terms of the applicant’s Example 2
located at Handibode Gardens (HM/15/0473), this involves the erection of 3 two
bedroom and 6 three bedroom terraced dwellinghouses and ancillary works on
a former bowling green on behalf of Clyde Valley Housing Association.
Therefore, this planning application does not relate to the subdivision of garden
ground for the development of a new house. With regard to the applicant’s
Example 4 located at Hunthill Road (HM/10/0250) the pattern/character of
development appears to be quite different to that of Rosebank Avenue. The
delegated report for the application stated that “The position of neighbouring
residential properties adjacent to and located in close proximity to the site is
irregular and generally do not follow an established ‘street pattern’ of
development.  Subsequently, whilst it is noted that the proposed development
will not have a proper road frontage, many of the surrounding residential
properties do not have a street frontage and therefore the proposal is
considered to be in keeping with the established character of the area”. In
addition, it is understood that the redevelopment of the site resulted in the
removal of a non-conforming land use thereby resulting in an overall
improvement to the amenity of the area.  
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3.6 The above examples submitted were noted. However, they are not considered
to be relative to the area surrounding the appeal site. Accordingly, the position
of the proposed house, situated to the rear of the existing house, would not be
in keeping with the established character and pattern of the immediate area.
The proposed dwellinghouse would not provide an appropriate road frontage of
comparable size reflective of surrounding curtilages, a pre-requisite of Policy
DM3.  Policy DM3 also requires that both the proposed and remaining plots are
sympathetic to the character and pattern of development in the area and do not
result in a development that appears cramped, visually obtrusive or be of an
appearance that is harmful to the character and amenity of the area. In this
regard, it is considered that the proposed dwellinghouse is a form of backland
development which would generally be alien to the established character and
pattern of development in the immediate area. In addition, concerns regarding
the extent of garden ground proposed for the existing ‘donor’ house when
compared to those nearby also remain. Whilst the references to the above
applications are noted they have insufficient merit or weight to justify a
departure from the development plan in this instance. I am satisfied that there
are no material considerations that outweigh the provisions of the development
plan and on this basis, it is considered that a departure from the development
plan cannot be justified. The proposal is contrary to Policy DM3 of the adopted
South Lanarkshire Local Development Plan 2. The Local Development Plan 2
was adopted by the Council just prior to the application being submitted and it
is considered that it would be an unsound and incorrect decision for the Council
to grant an application which is fundamentally contrary to this Plan. 
3.7 We believe this is under-utilised ground and suitable for a plot and
dedicated access.
Whilst the plot may be considered to be under-utilised (a deliberate decision of
the landowner) the current constraints of the site are such that the proposal for
the sub-division of the garden ground to form a house plot for a dwellinghouse
as shown on the submitted drawings associated with application P/21/0909 is
contrary to Policy DM3 of the adopted South Lanarkshire Local Development
Plan 2 as the proposed house would not be in keeping with the established
pattern of development in the surrounding area and the proposed house would
not have a proper road frontage of comparable size and form to surrounding
curtilages. 
3.8 In addition to the above assessment it is worth highlighting from the Report of
Handling that planning application P/20/1115 for the erection of a detached
house at 45 Hunthill Road, Blantyre was refused by the Council under
delegated powers on 27 January 2021, one of the reasons being that the
proposal was contrary to Policy DM3 of the proposed South Lanarkshire Local
Development Plan 2 in that the proposed house, would not be in keeping within
the established pattern of development in the surrounding area.  Furthermore,
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the proposed house would not retain a proper road frontage of comparable size
and form to surrounding curtilages. This decision was appealed by the applicant
and following a review of the application, the Council’s Planning Local Review
Body (PLRB) decided to uphold the decision taken in terms of the Scheme of
Delegation. 
4 Summary and Conclusions
4.1  As required by planning law, planning application P/21/0909 has been
assessed in terms of the development plan and all other material
considerations. In this respect the Report of Handling provides a detailed
summary of all relevant considerations and a reasoned justification as to why
the appeal proposal did not accord with Local Development Plan policy. 
4.2 The proposed dwellinghouse would not provide an appropriate road frontage of
comparable size reflective of surrounding curtilages, a pre-requisite of Policy
DM3. Policy DM3 also requires that both the proposed and remaining plots are
sympathetic to the character and pattern of development in the area and do not
result in a development that appears cramped, visually obtrusive or be of an
appearance that is harmful to the character and amenity of the area. In this
regard, it must be emphasised that the proposed dwellinghouse is a form of
backland development which would generally be alien to the established
character and pattern of development in the immediate area. 
4.3 It is, therefore, respectfully requested that the Planning Local Review Body
support the decision to refuse consent and dismiss the applicant’s request to
overturn the refusal of planning permission P/21/0909 based on the information
contained in the report of handling and associated reasons for refusal. 
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Applicant’s Comments on Further Representations
Submitted by an Interested Party in the Course of the
Notice of Review Consultation Process 
Appendix 7  5i
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Notice of Review – Town and Country Planning (Schemes of Delegation and Local Review Procedure)
(Scotland) Regulations 2013
Planning Application No: P/21/0909
Proposal: Sub-Division of Garden Ground to Form House Plot for a Two-Storey Dwelling House (Planning
Permission in Principle) 
Location: 17 Rosebank Avenue, Blantyre, G72 9BB
Applicant: Mr E MacNeil
19/10/22
Further to the recent refusal decision at 17 Rosebank Avenue, Blantyre. 
We would to highlight the plots at Station Gate, which is less than 200m from the application site. 
The plot in question is very similar to context and nature.
The settlement of Blantyre is historic in nature; dwellings, industry and commerce have all
organically morphed and developed.  With Rosebank being one of the original streets . The built
form is not standard or conforming to new regulations within the LDP
We believe that the plot helps utilise unused ground in terms of urban consolidation the seeks to
reduce pressure on greenbelt development. 
5i
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Picture -Station Gate
292