Agenda Document Pack - Planning Local Review Body - 24/04/2023

South Lanarkshire Council · 24 April 2023
Back to Planning Local Review Body — 24 April 2023 and its agenda

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Page 1

Council Offices, Almada Street        
Hamilton, ML3 0AA 
Friday, 14 April 2023 
Dear Councillor 
Planning Local Review Body 
The Members listed below are requested to attend a meeting of the above Committee to be
held as follows:- 
Date:  Monday, 24 April 2023
Time:  10:30
Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton,
ML3 0AA 
The business to be considered at the meeting is listed overleaf. 
Yours sincerely 
Cleland Sneddon
Chief Executive 
Members 
Richard Nelson (Chair), Gerry Convery (Depute Chair), Alex Allison, 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 20 February
2023 submitted for approval as a correct record.  (Copy attached) 
3 - 4 
Item(s) for Decision 
3 Review of Case - Application P/22/0915 for Formation of House Plot
(Planning Permission in Principle) at 103-104 Crosswood Terrace, Tarbrax,
West Calder
Report dated 14 April 2023 by the Executive Director (Finance and Corporate
Resources).  (Copy attached) 
5 - 8 
3a  Appendix 1 Planning Application Form  9 - 18 
3b  Appendix 2(a) Consultation Response  19 - 22 
3c  Appendix 2(b) Representation  23 - 26 
3d  Appendix 3 Site Photographs and Location Plan  27 - 38 
3e  Appendix 4 Notice of Review  39 - 46 
3f  Appendix 5 Further Representation  47 - 54 
Urgent Business 
4 Urgent Business
Any other items of business which the Chair decides are urgent. 
For further information, please contact:-
Clerk Name: Stuart McLeod
Clerk Telephone: 07385 370 117
Clerk Email: stuart.mcleod@southlanarkshire.gov.uk 
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PLANNING LOCAL REVIEW BODY (PLRB) 
Minutes of meeting held via Confero and in the Council Chamber, Council Offices, Almada Street,
Hamilton on 20 February 2023 
Chair:
Councillor Richard Nelson 
Councillors Present:
Councillor Alex Allison, Councillor Gerry Convery (Depute), Councillor Mary Donnelly, Councillor
Gladys Ferguson-Miller, Councillor Mark Horsham, Councillor Lesley McDonald, Councillor Norman
Rae, Councillor Dr Ali Salamati, Councillor Graham Scott 
Attending:
Community and Enterprise Resources
J Weir, Planning Adviser to the Planning Local Review Body
Finance and Corporate Resources
M Cannon, Legal Adviser to the Planning Local Review Body; M Gordon, 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 21 November 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/22/0292 for Erection of Garden Building for Use as
a Beauty Salon (in Retrospect) at 12 Kylepark Crescent, Uddingston 
A report dated 10 February 2023 by the Executive Director (Finance and Corporate Resources)
was submitted on a request for a review of the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning application P/22/0292 by L Jamieson
(formerly L Devers) for the erection of a garden building for use as a beauty salon (in retrospect)
at 12 Kylepark Crescent, Uddingston. 
To assist the PLRB in its review, copies of the following information had been appended to the
report:- 
 planning application form
 report of handling by the planning officer under the Scheme of Delegation together with
representations and responses from consultees
 site photographs and location plan
 decision notice
 notice of review, including applicant’s statement of reasons for requiring the review
 further 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  
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 submissions from interested parties on the revised Draft National Planning Framework 4 in
relation to the review
 comments from the applicant on the revised Draft National Planning Framework 4 in relation
to the review 
The relevant drawings in relation to the review were available for inspection prior to the meeting
of the PLRB. 
The PLRB heard the Planning Adviser in relation to the case. 
The PLRB noted that the applicant had requested a hearing, however, on the basis of the above,
the PLRB considered it had sufficient information to allow it to proceed to determine the review. 
The options available to the PLRB were to uphold, reverse or vary the decision taken in respect
of the application taken under review. 
In reviewing the case, the PLRB considered:- 
 the information submitted by all parties
 the relevant policies contained in the adopted South Lanarkshire Local Development Plan
2:-
 Policy 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
 Policy NHE6 – Conservation Areas
 the relevant policies contained in the National Planning Framework 4 which had been
adopted on 13 February 2023 and formed part of the statutory development plan:-
 Policy 1
 Policy 2
 Policy 7
 Policy 14
 Policy 15
 Policy 16
 Policy 26 
Following its review of the information and after discussion, the PLRB concluded that the
development was contrary to Policies 3, 5, DM1 and DM12 of the South Lanarkshire Local
Development Plan 2. 
The PLRB decided: that the decision taken by officers, in terms of the Scheme
of Delegation, to refuse planning permission for planning
application P/22/0292 by L Jamieson (formerly L Devers) for
the erection of a garden building for use as a beauty salon
(in retrospect) at 12 Kylepark Crescent, Uddingston be
upheld. 
4 Urgent Business 
There were no items of urgent business. 
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Report
Agenda Item 
Report to: Planning Local Review Body 
Date of Meeting: 24 April 2023
Report by: Executive Director (Finance and Corporate Resources)  
Subject: Review of Case – Application P/22/0915 for Formation
of House Plot (Planning Permission in Principle) 
1. Purpose of Report
1.1. The purpose of the report is to present the information currently available to allow a
review of the undernoted application on the basis that the application has not been
determined (deemed refusal) within the period allowed for determination.
[purpose]
1.2. Summary Application Information 
Application Type: Planning Permission in Principle 
Applicant: M Carroll 
Proposal: Formation of house plot (planning permission in principle)
Location:   103-104 Crosswood Terrace, Tarbrax, West Calder, EH55
8XE
Council Area/Ward: 2 Clydesdale North 
1.3. Reason for Requesting Review 
Refusal of
Application 
Conditions imposed X Failure to give decision
(deemed refusal)
[1purpose]
2. Recommendation(s)
2.1. The Planning Local Review Body is asked to:-
[recs]
(1) consider whether it has sufficient information to allow it to proceed to
determine the review without further procedure and, if so, that:- 
(a) it proceeds to determine the application under review (deemed refusal)
(b) any appropriate reasons for refusal or detailed conditions to be attached
to the decision letter are agreed 
(2) in the event that further procedure is required to allow it to determine the
review, consider:- 
(a) what further information is required, which parties are to be asked to
provide the information and the date by which this is to be provided
(b) what procedure or combination of procedures are to be followed in
determining the review
[1recs]
3. 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
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3.2. In terms of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc (Scotland) Act 2006, and the Town and Country Planning (Schemes of
Delegation and Local Review Procedure) (Scotland) Regulations 2013, where an
application for planning permission relates to a proposal that falls within the category
of “local development” and has been or could have been determined under the
Scheme of Delegation, the applicant is entitled to request that the determination be
reviewed by the Planning Local Review Body.
4. Notice of Review – Statement of Reasons for Requiring the Review
4.1. In submitting their Notice of Review, the applicant has stated their reasons for
requiring a review of the determination in respect of their application. (Refer
Appendix 4)
4.2. The applicant is entitled to state a preference for procedure (or combination of
procedures) to be followed and has indicated that their stated preference is as
follows:-
Further written submissions 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 consideration of the application:-
 Planning Application Form (Appendix 1)
 Copy of submission from consultee (Appendix 2(a))
 Copy of representation (Appendix 2(b))
 Site photographs and location plan (Appendix 3)
 Notice of Review including statement of reasons for requiring the review
(Appendix 4)
5.3. Copies of the relevant drawings are available for inspection by contacting
Administration and Legal Services prior to the meeting.
6. Notice of Review Consultation Process
6.1. As the review has been requested because of the failure to give a decision on the
application (deemed refusal), no report of handling is available for the application.
There is a strict statutory timescale of three months for the Planning Local Review
Body to conduct a deemed refusal review. Therefore, to facilitate the review and
comply with the statutory timescale, the Head of Administration and Legal Services,
in consultation with the Chair, asked for observations from Planning Services on the
notice of review to be provided in advance of the meeting. This is attached as
Appendix 5.
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6.2. There were no other further representations received from interested parties 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. 
6.3. The applicant had the opportunity to comment on the further representation received. 
No comments on the further representation were received from the applicant. 
Paul Manning
Executive Director (Finance and Corporate Resources) 
14 April 2023 
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 454 815 / 07385 370 117)
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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Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number:
First Name: *
Last Name:*
Telephone Number: *
Extension Number:
Mobile Number:
Fax Number:
Email Address: *
Architectural Services
George
Young 
Is the applicant an individual or an organisation/corporate entity? *
� Individual D Organisation/Corporate entity
Applicant Details
Please enter Applicant details
Title: Mr
Other Title:
First Name: * Martin
Last Name:• Carroll
Company/Organisation
Telephone Number: •
Extension Number:
Mobile Number:
Fax Number:
Email Address: *
You must enter a Building Name or Number, or both: *
Building Name:
Building Number:
Address 1
(Street):*
Address 2:
Town/City:*
Country:*
Postcode:*
17
17 Blackford Bank
Edinburgh
United Kingdom
EH9 2PR
You must enter a Building Name or Number, or both: *
Building Name:
Building Number:
Address 1
(Street):•
Address 2:
Town/City:*
Country:•
Postcode:*
103
Crosswood Terrace
Tarbrax
United Kingdom
EH55 8XE
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Consultation Responses 
 Response dated 12 January 2023 from Roads and Transportation Services 
Appendix 2(a)  3b
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Community and Enterprise Resources
Executive Director David Booth
Roads and Transportation Services – Transportation Engineering 
Montrose House, 154 Montrose Crescent, Hamilton ML3 6LB 
Email: enterprise.hq@southlanarkshire.gov.uk  
To: 
Planning and Economic
Development
Planning Application No: P/22/0915  
Case Officer: Steven Boertien
From: Development Management 
Roads and Transportation Services
Contact: Mark Wilkie
Date: 12 January 2023    
Subject: OBSERVATIONS ON PLANNING APPLICATION P/22/0915
Location: 103-104 Crosswood Terrace, Tarbrax, West Calder 
I refer to the above application for the formation of house plot (planning permission in principle). 
Access would be taken onto Crosswood Terrace via a proposed private access.  The required visibility
splays onto Crosswood Terrace are 2m x 20m, which are not achievable.  This is because the fence height is
1.2m within the visibility splays.  It would be preferable if the access location was moved to the existing
location. 
No car parking spaces are shown on the plan.  Two car parking spaces would be required for a 2 or 3-bed
house, and three car parking spaces would be required for a house with 4 or more bedrooms.  It is
considered that there is sufficient space for this provision to be made, with adequate turning space. 
This service would wish to defer this application, subject to the above relocation. 
Engineering Manager 
3b
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Representations 
Representation From Dated
 Ashleigh Kerr, by email 12/11/22 
Appendix 2(b)  3c
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From:
To:
Subject:
Date:
Ashleigh Kerr
Planning
Planning permission for next door neighbour Martin Carrol
12 November 2022 19:02:31
Hi, my name is Ashleigh Kerr, i have just got around to replying to letter for the planning
permission from my next door neighbour Martin Carrol. I would like to ask if the case has
been determined or not yet? If not I'd like to object to the application. Thanks Ashleigh
3c
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Site photographs and location plan 
Appendix 3  3d
27

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Photo 1 
3d
29

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Photo 2 
30

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Photo 3 
31

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Photo 4 
32

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Photo 5 
33

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Photo 6 
34

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Photo 7 
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P/22/0915  Planning and Building Standards
Location Plan PLRB 
FOR INFORMATION ONLY
This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office.
© Crown copyright.  Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.
South Lanarkshire Council, Licence number 100020730.  2005
3d
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Notice of Review (including Statement of Reasons for
Requiring the Review) submitted by applicant M Carroll 
Appendix 4  3e
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SOIJTH ,
LANARKSHIRE �
COIIINl:]L
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 100577 481-005
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) D Applicant igJAgent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number:
First Name: *
Last Name:•
Telephone Number: •
Extension Number:
Mobile Number:
Fax Number:
Email Address: •
Architectural Services
George
Young 
Is the applicant an individual or an organisation/corporate entity? •
igJ Individual D Organisation/Corporate entity
You must enter a Building Name or Number, or both: •
Building Name:
Building Number:
Address 1
{Street):•
Address 2:
Town/City:•
Country:•
Postcode:•
15
Howdenhall Loan
Edinburgh
United Kingdom
EH16 6uy
Page 1 of 4
3e
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Applicant Details
Please enter Applicant details �-------------�
Title: Mr
Other Title:
First Name: * Martin
Last Name:* Carroll
Company/Organisation
Telephone Number: *
Extension Number:
Mobile Number:
Fax Number:
You must enter a Building Name or Number, or both: *
Building Name:
Building Number:
Address 1
(Street):*
Address 2:
Town/City:*
Country:*
Postcode:*
103
Crosswood Terrace
Tarbrax
United Kingdom
EH55 BXE
Email Address: * -1---------�
Site Address Details
Planning Authority: I South Lanarkshire Council
Full postal address of the site (including postcode where available):
Address 1: 103-104 CROSSWOOD TERRACE
Address 2: TARBRAX
Address 3:
Address 4:
Address 5:
Town/City/Settlement: WEST CALDER
Post Code: EH55 BXE
Please identify/describe the location of the site or sites
Northing 655265 Easting 302651
Page 2 of 4
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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)
Formation of house Plot (PPP) P/22/0915
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).
igJ Application for planning permission in principle.
□ Further application.
□Application for approval of matters specified in conditions.
What does your review relate to? *
D Refusal Notice.
D Grant of permission with Conditions imposed.
igJ 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.
On the instructions of the client I submitted an application for the formation of a house plot. This was acknowledged by letter dated
6th July 2022. The same application for change of use was approved in the 1990s Despite emails and calls to the planning
department no approval or rejection of the application has been received. It is now 8 months it has been with the planning
department. We received an email on the 25/01/2023. no action I now look to the review body to make an determination.
Have you raised any matters which were not before the appointed officer at the time the D Yes igJ 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)
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Grass Area
Hard Standing
Chiped Entrance
Gas Cylinder
EXISTING SITE LAYOUT TO LAND BELONGING
TO 102,103 CROSSWOOD TERRACE TARBRAX
DISUSED
SHED
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
Scale 1/200
CROSSWOOD
102
97
98
103/104
106
105
DISUSED BUS SHELTER
GARDEN TO 103/104
BOUNDARY FENCE
BOUNDARY FENCE
PRIVIT HEDGE 2m
HIGH
PRIVIT HEDGE 2m
HIGH
SMALL 2/3M HIGH ON AVERAGE
TREES
OPEN GRASSED
AREA
EXISTING ROAD ARE BASIC TRACKS BETWEEN
HOUSES.
TARMACADAM ROAD FOR NOW DISUSED BUS
SERVICE.
IN RESPONSE TO YOUR LETTER DATED 6TH JULY 2022:
TAKING EACH ITEM AS IN THE SAME ORDER THAT YOU HAVE USED.
THE INCORRECT FEE WAS ADVISED BY YOUR OWN PEOPLE.
2.0
A) APPLICATION SITE EDGED AS PER YOUR REQUIREMENTS. B) NORTH POINT IS ON THE
LOCATION PLAN AND THE DRAWING.
C) ALL STRUCTUREs ARE ALREADY ON THE DRAWING.
D) GENERAL ACCESS ARRANGEMENTS ARE ALL ON THE DRAWING AND THE LOCATION PLAN
E) BUILDING ROAD ARE ALL ON DRAWING AND ALSO ON THE LOCATION PLAN.
F) EXISTING BOUNDARY TREATMENT ALL NOTED ON PLAN.
G) TREES ON LAND ARE SHOWN ON PLAN. THE REST OF THE AREA IS QUITE OPEN.
ALL PLANS ARE METRIC. FIGURED DIMENSIONS ARE ALL METRIC. THE SCALE BAR
IS INCLUDED.
3) DRAWING CHANGED AS PER YOU INSTRUCTIONS.
I HAVE NOT RECEIVED ANY CORRESPONDENCE TO MY COMPLAINT. ARE YOU
GOING TO INVESTIGATE OR NOT?
Grass Area
Hard Standing
7 garage
Chiped Entrance
Gas Cylinder
SPLITTING EXISTING LAND INTO TWO SEPARATE
OWNERSHIPS.
DISUSED
SHED
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
BOUNDARY FENCE
4.0M HIGHT PRIVIT HREDGE.
4.0M HIGHT PRIVIT HREDGE.
EXISTING ENTRANCE
FOR 102,103
NEW ENTRANCE FOR
NEW HOUSE
EXISTING
OWNER NO
103,104
NEW OWNER
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
STOB & WIRE
Scale 1/200
BOUNDARY FENCE
STOB & WIRE
CROSSWOOD
102
97
98
106
105
GARDEN TO 103/104
BOUNDARY FENCE
BOUNDARY FENCE
EXISTING
OWNER NO
103,104
SMALL 2/3M HIGH ON AVERAGE
TREES
OPEN GRASSED
AREA
OPEN GRASSED
AREA
0 1 52 3 4 10 m
Client Date
Address
Project
Rev:
Scale
Dwg No
#TEJKVGEVWTCN5GTXKEGU
Planning & Property Consultants,
17 Blackford Bank,
Edinburgh EH9-2PR
Tel: 0131 478 2182
E Mail: info@pmas-edinburgh.co.uk
‹  Copyright of PMAS Ltd
22/06/PL/oo1
22/06/2022
New Dwellinghouse
103,104 Crosswood Terrace
Tarbrax EH55 8XE
Mr Martin Carroll
1/200 @ A1
A
REV A; DRAWING ALTERED IN RESPONSE TO COUNCILS LETTER OF 6 JULY 2022.
SCALE BAR 1/50
45

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Further Representation 
Further Representation From
 Statement of Observations from Planning Officer on Applicant’s Notice of Review 
Appendix 5  3f
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Reference no. P/22/0915
Request for review: Non-
Determination   
Application Summary   
Date 13th March 2023 
Planning proposal: Formation of house plot (Planning Permission in Principle)  
Location:  103 - 104 Crosswood Terrace
Tarbrax
West Calder
EH55 8XE 
Application
Type: 
Permission in principle   
Applicant:  Mr. Martin Carroll 
Location:   103 - 104 Crosswood Terrace
Tarbrax
West Calder
EH55 8XE   
Report by:  Area Manager (Planning & Building Standards)   
Policy 
National Planning Framework 4 (Adopted February 2023) 
Policy 15 – Local Living and 20 Minute Neighbourhoods 
Policy 16 – Quality Homes 
South Lanarkshire Local Development Plan 2 (Adopted 2021) 
Policy 4 – Green Belt and Rural Area 
Policy 5 – Development Management and Placemaking 
Policy DM1 - New Development Design 
Policy DM3 – Subdivision of Garden Ground 
Supplementary Planning Guidance - Residential Design Guide 
Consultations Summary of response 
Roads Development Management   
Team 
Environmental Services 
Advise that the new vehicle access is not achievable due to
visibility splays making it unsafe. Requested that application
deferred until site redesigned to utilize existing access point. 
No response  
3f
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Representation(s): 
► 1 Objection letter
► 0 Support letters
► 0 Comment letters 
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Planning Application Analysis and Recommendation
1 Application Summary
1.1 The application seeks planning permission in principle for a single residential housing plot
on garden ground on the east side of Crosswood Terrace, Tarbrax and is 0.16Ha in area.
In addition to landscaping the garden also currently includes a brick garage, a gas cylinder
for 103-104 Crosswood Terrace and a disused shed. The garden has existing trees on the
north and eastern sides and is bounded by a post and wire fence.
1.2 To the north of the site is the retained garden ground of the donor plot and to the south
the garden of the neighbouring residential property (102 Crosswood Terrace), which again
lies on the west side of the road. To the east is a large area of public open space and a
children’s play area. This open space, which faces onto the Tarbrax Village Hall on
Viewfield Road, forms a focal point of the settlement around which the majority of Tarbrax’s
buildings are arranged.
1.3 The proposed application involves the subdivision of the existing residential garden
ground. The northern section with the garage and gas cylinder remains as the residential
garden of 103-104 Crosswood Terrace whilst the remainder of the site forms the house
plot. To service this new plot, the submitted drawings indicate that a new vehicle access
is proposed between the existing access point and the adjacent garden for 102 Crosswood
Terrace. As this is a planning permission in principle submission and an indicative building
location shown, no details of building design or scale have been submitted.
2 Representation(s)
2.1 In response to the carrying out of neighbour notification and the non-notification of
neighbour advert, one letter of objection was received on the 12th of November 2022 from
the neighbouring resident. Whilst the letter advised that they wished to object to the
proposal, no detailed grounds of objection were provided and thus it is not possible to lend
significant weight to the objection.
3 Planning History
3.1 This garden (albeit with a different plot boundary that utilised the existing access) has
previously obtained planning permission in principle in 2006, and detailed permission in
2008.
▪ CL/06/0132 – Formation of house plot (Outline)
Approved: 9/5/2006
▪ CL/07/0868 – Erection of single storey dwellinghouse (Detailed
permission)
Approved: 22/2/2008
3.2 The above permissions were both approved under long superseded development plans
and involved the use of the entire residential garden (leaving none for the donor property)
and utilised the existing vehicle access (rather than creating a second access point). It
should be noted that, were such a proposal to be submitted under the current development
plan, it would be extremely difficult to support due to the lack of garden ground remaining
for the donor house.
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3.3 Upon submission of the current application in June 2022, the application was then
declared invalid on the 7th of July 2022. Specifically, there were outstanding fees to be
settled and an accurate site plan showing the dimensions of the house plot and the
remaining donor garden was requested. Additions were received on the 11th of July
however not all of the invalid points were addressed. Following correspondence between
the case officer, the agent and Councillor McClymont the application was finally declared
valid on the 5th of September (the date that the drawings first requested in July were
eventually submitted).   
3.4 On the 5th of October 2022, the named agent George Young e-mailed the case officer to
query the advert fee requested. The agent also complained that the application had now
been in for 5 months (albeit at that point it was only 3 and a half months from receipt and
had only been valid for 1 month) and to ask for the name and address of the Council’s
Chief Executive with view to submitting a complaint about the service received. 
3.5 On the 6th of October 2022, the case officer emailed the agent back to clarify that the
neighbour-notification advert fee was required prior to any application being determined
but that it was not a validation requirement. At this time, the case officer also advised the
applicant that the current proposal was distinct from previous approvals and that it formed
a second access to the plot. He also advised that given the changes in the development
plan since 2006-2008, the new application would have to be “fully assessed against
current legislation and policy”. 
3.6 On the 9th of November 2022, the case officer carried out their site visit and in mid-
December they then sat down with their Team Leaders to discuss the access issues with
the site and to seek advice on a way forward. At that internal meeting it was agreed that
the case officer would reach out to the applicant/agent in the new year to highlight that the
required visibility splays required control over the adjacent garden ground to the south
(outwith both the application site and the applicant’s ownership) and were likely to be
unachievable. 
3.7 Following a tragic accident at his home on the 15th of January the case officer Steve
Boertien very sadly passed away on the 17th of January 2023. 
3.8 On the 25th of January 2023, all of Steve Boertien’s applicants were e-mailed advising that
due to unforeseen circumstances the application would have to be re-assigned to another
case officer and apologising for the delay in processing whilst a new case officer was
identified. 
3.9 On the 6th of February 2023, the applicant submitted a Request for Review on the basis
of non-determination of the application. 
4 Assessment and Conclusions
4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications
must be determined in accordance with the development plan unless material
considerations indicate otherwise. The development plan comprises the South
Lanarkshire Local Development Plan 2 (adopted 2021) and National Planning Framework
4 (which was laid before the Scottish Parliament on the 8th of November 2022 and adopted
by Scottish Ministers on 13th February 2023). Section 24(3) of the 1997 Act confirms that
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if there is an inconsistency between NPF4 policies and a Local Development Plan which
was adopted before the 13th February 2023, then the policies in NPF4 prevail. 
4.2 Although Tarbrax falls within the rural area, the site itself lies within the settlement
boundary of Tarbrax and as such the proposal of residential development is not
discouraged by the rural area status. Instead the appropriateness of the site for residential
use is determined by Policy 16 of NPF4 and Policy DM3 of the Local Development Plan. 
4.3 Policy 16 – Quality Homes of NPF4 advises that development proposals for new homes
within an existing settlement boundary will be supported where: 
• there is an agreed timescale for build-out; and 
• the proposal is otherwise consistent with the plan spatial strategy and other
relevant policies, including local living and 20 minute neighbourhoods. 
In this instance, whilst the applicant has not specified a build period at this stage, the time
limited nature of Planning Permission in Principle would ensure that there is only a limited
timescale for build-out. In terms of the consistency with the spatial strategy and 20 minute
neighbourhoods, Tarbrax does not appear to be a settlement which can demonstrate that
it achieves the aims of Local Living and 20 minute neighbourhoods as set out in Policy 15
of NPF4, nor are there any details in the plans spatial strategy which would encourage the
development. 
4.4 Policy DM3 – Subdivision of Garden Ground of SLLDP2 advises that the development
of a new house in garden ground will only be considered acceptable where it can be
demonstrated that it meets certain criteria. Whilst not all of these are applicable to
applications for planning permission in principle, the following criteria are those which a
proposed in principle house plot should meet: 
• Results in a proposed house plot and remining area of garden ground and plot that
are comparable with those in the nearby area;
• Has a proper road frontage of comparable size and form to surrounding curtilages;
• Has a vehicle access of an adequate standard and which will not have adverse
implications for traffic safety, and
• The garden space allocated to both the proposed house and existing house should
be sufficient for the recreation and amenity needs of the occupants. 
4.5 The proposed house plot does not have a comparable road frontage to other properties
and does not form an adequate vehicle access point. The required visibility splays to
deliver a safe access and egress cannot be achieved due to the garden to the south (which
the applicant does not control). The proposed plot also does not appear to be large enough
to provide the required garden ground (Council’s Residential Design Guide seeks a
minimum depth of 10m for new dwellings). The proposed house plot cannot therefore be
considered to accord with the requirements of policy DM3. 
5 Recommendation 
5.1 In view of the above, especially given the view of the Roads Department that the currently
proposed plot boundary will not result in a safe access point, it is considered that the
principle of a residential dwelling in this location is neither supported by National Planning
Framework 4 or the South Lanarkshire Council Local Development Plan 2021.  It is
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therefore recommended that Planning Permission in Principle be refused, subject to the
following reasons. 
6 Recommended Reasons for Refusal
1. The proposed housing plot does not meet the criteria for a new home in land not allocated
for housing, as set out in Policy 16 of the National Planning Framework 4 (2023). 
2. The proposed housing plot does not meet the requirements for subdivision of garden
ground set out in Policy DM3 of the South Lanarkshire Local Development Plan 2021 and
houses which do not meet these criteria are considered to have a detrimental effect on
the visual appearance of the area and upon the amenity of residents. 
3. The proposed vehicular access for the housing plot is positioned in a location where it will
not be possible to achieve the required visibility splays resulting in an access which will
detrimentally impact upon road safety. 
Previous references
 CL/06/0132
 CL/07/0868   
List of background papers
► Application Form
► Application Plans
► National Planning Framework 4 (Adopted February 2023)
► South Lanarkshire Local Development Plan 2 (Adopted 2021)
► Neighbour notification letter dated 05.10.2022
► Correspondence with applicant 06.10.2022 
► Consultations 
Roads Development Management Team 13.01.2023 
Environmental Services 
► Representations 
Ashleigh Kerr, Sent Via E-mail  Dated: 
15.11.2022 
Contact for further information:
If you would like further information on the above report, please contact: 
David Russell, Planning Team Leader (East Team), Floor 6, Council Offices, Almada Street,
Hamilton, ML3 0AA.
Phone: 07795453464  
Email: david.russell@southlanarkshire.gov.uk
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