Planning Committee

Home , Auchenheath, Elsrickle, Lesmahagow, Netherburn, River Nethan, Rotten Calder

Council Offices, Almada Street Hamilton, ML3 0AA

Monday, 09 December 2019

Dear Councillor

Planning Committee

The Members listed below are requested to attend a meeting of the above Committee to be held as follows:-

Date: Tuesday, 17 December 2019 Time: 10:00 Venue: Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA

The business to be considered at the meeting is listed overleaf.

Yours sincerely

Paul Manning Depute Chief Executive

Members Isobel Dorman (Chair), Mark Horsham (Depute Chair), John Ross (ex officio), Alex Allison, John Bradley, Archie Buchanan, Jackie Burns, Stephanie Callaghan, Margaret Cowie, Peter Craig, Maureen Devlin, Mary Donnelly, Fiona Dryburgh, Lynsey Hamilton, Ann Le Blond, Martin Lennon, Richard Lockhart, Kenny McCreary, Davie McLachlan, Lynne Nailon, Carol Nugent, Graham Scott, David Shearer, Collette Stevenson, Bert Thomson, Jim Wardhaugh

Substitutes John Anderson, Walter Brogan, Janine Calikes, Gerry Convery, Margaret Cooper, Allan Falconer, Ian Harrow, Ian McAllan, Catherine McClymont, Colin McGavigan, Mark McGeever, Richard Nelson, Jared Wark, Josh Wilson

1 BUSINESS

1 Declaration of Interests

2 Minutes of Previous Meeting 5 - 10 Minutes of the Meeting of the Planning Committee held on 19 November 2019 submitted for approval as a correct record. (Copy attached)

Item(s) for Decision

3 Application P/19/1530 for Erection of 45 Units (Single and 2 Storey Units 11 - 30 and Three 3 Storey Flats) and a 2 Storey Community Care Facility and Associated Roads, Parking and Landscaping at Land at Site of Former St Joseph's Primary School, Joanna Terrace, Blantyre Report dated 29 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

4 Application P/19/1578 for Erection of 8 Terraced Houses and 12 Flats and 31 - 54 Associated Access Roads, SUDS, Landscaping and Amenity Space at Site Adjacent to Law Primary School, Lawhill Road, Law, Carluke Report dated 29 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

5 Application P/18/0573 for Partial Demolition of Birkwood House (Listed 55 - 70 Building Consent) at Birkwood House, New Trows Road, Lesmahagow Report dated 28 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

6 Application P/19/1405 for Erection of Extensions to Care Home, 71 - 82 Associated Alterations Including Access Ramps, Landscaping, 2.4 Metres High Fencing and Erection of Garden Summer House at Duchess Nina Care Home, 13 Limekilnburn Road, Quarter, Hamilton Report dated 28 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

7 Application P/19/1598 for Creation of Fenced Allotment Site Comprising 12 83 - 98 Raised Beds and up to 70 Allotment Plots in Total, Including Associated Hardstanding, SUDS Pond, Landscaping and Composting Areas with Associated Access and Parking at Lammermoor Recreation Area, Kenilworth, East Kilbride Report dated 29 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

8 Application P/19/1502 for Erection of 254 Houses and Associated 99 - 112 Infrastructure Works (Approval of Matters Specified in Conditions 1 (a to r), 3, 4, 6, 7, 8, 9, 10 and 12 of Planning Permission in Principle EK/09/0218) at Land 148 Metres North Northwest of Dunrobin, Newlands Road, East Kilbride Report dated 5 December 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

9 Application P/19/1258 for Erection of Wind Turbine, 180 Metres in Height to 113 - 140 Tip, at Draffanmarshill, Draffan Road, Lanark Report dated 27 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

2 10 Application P/19/1393 for Erection of 49 Flats for Use as Social Rented and 141 - 154 Sheltered Accommodation with Associated External Works, Parking and Landscaping at Murray House, The Murray Road, East Kilbride Report dated 26 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

11 Application P/19/1203 for Change of Use of Former University 155 - 168 Accomodation (Caird Building) to Student Accommodation (110 Bed Spaces and Associated Communal Facilities) with Associated Alterations and the Erection of a 4 Storey Building to Provide 96 Bed Spaces with Associated Parking at Caird Centre, Caird Park, Hamilton Business Park, Hamilton Report dated 21 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

12 Application P/18/1671 for Erection of 18 Detached Houses, Formation of 1 169 - 184 Residential Plot and Creation of Associated Play Area, Open Space, Access and SUDS Arrangements at Land 68 Metres Southeast of 21 Braidwood Road, Braidwood, Carluke Report dated 26 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

13 Application P/19/0015 for Residential Development (Planning Permission 185 - 196 in Principle) at Land Adjacent to Walston Primary School, Elsrickle, Biggar Report dated 28 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

14 Tree Preservation Order - Hozier House, Lanark 197 - 200 Report dated 22 November 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

Urgent Business

15 Urgent Business Any other items of business which the Chair decides are urgent.

For further information, please contact:- Clerk Name: Pauline MacRae Clerk Telephone: 01698 454108 Clerk Email: [email protected]

PLANNING COMMITTEE 2

Minutes of meeting held in Committee Room 1, Council Offices, Almada Street, Hamilton on 19 November 2019

Chair: Councillor Isobel Dorman

Councillors Present: Councillor Alex Allison, Councillor John Bradley, Councillor Archie Buchanan, Councillor Jackie Burns, Councillor Stephanie Callaghan, Councillor Gerry Convery (substitute for Councillor Martin Lennon), Councillor Margaret Cowie, Councillor Peter Craig, Councillor Maureen Devlin, Councillor Mary Donnelly, Councillor Mark Horsham (Depute), Councillor Ann Le Blond, Councillor Richard Lockhart, Councillor Catherine McClymont (substitute for Councillor Lynsey Hamilton), Councillor Kenny McCreary, Councillor Davie McLachlan, Councillor Carol Nugent, Councillor Graham Scott, Councillor David Shearer, Councillor Bert Thomson

Councillors' Apologies: Councillor Fiona Dryburgh, Councillor Lynsey Hamilton, Councillor Martin Lennon, Councillor Lynne Nailon, Councillor John Ross, Councillor Collette Stevenson, Councillor Jim Wardhaugh

Attending: Community and Enterprise Resources B Darroch, Area Manager, Planning and Building Standards Services (Hamilton); P Elliott, Head of Planning and Economic Development; T Finn, Headquarters and Area Manager (Clydesdale), Planning and Building Standards Services; F Jack, Team Leader, Development Management Team, Roads and Transportation Services Finance and Corporate Resources A Livingstone, Public Relations Officer; P MacRae, Administration Officer; K McLeod, Administration Assistant; K Moore, Legal Services Adviser

1 Declaration of Interests The following interest was declared:-

Councillor(s) Item(s) Nature of Interest(s) Shearer Application P/19/1176 – Erection of Friend of an objector to the House, Formation of Associated proposal Vehicular Access and Retrospective Approval for Erection of Gate (2.5 Metres in Height), Boundary Fence (1.8 Metres in Height) and a Temporary Storage Building at 77 Carlisle Road, Crawford

2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 8 October 2019 were submitted for approval as a correct record.

The Committee decided: that the minutes be approved as a correct record.

3 Application P/19/1176 for Erection of House, Formation of Associated Vehicular Access and Retrospective Approval for Erection of Gate (2.5 Metres in Height), Boundary Fence (1.8 Metres in Height) and Temporary Storage Building at 77 Carlisle Road, Crawford A report dated 24 October 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/1176 by V Georgieva for the erection of a house, formation of associated vehicular access and retrospective approval for the erection of a gate (2.5 metres in height), boundary fence (1.8 metres in height) and a temporary storage building at 77 Carlisle Road, Crawford.

The Committee decided: that planning application P/19/1176 by V Georgieva for the erection of a house, formation of associated vehicular access and retrospective approval for the erection of a gate (2.5 metres in height), boundary fence (1.8 metres in height) and a temporary storage building at 77 Carlisle Road, Crawford be granted subject to:-

 the conditions specified in the Executive Director’s report  an amended Condition 12 as follows:- “The temporary storage shed hereby approved shall be removed from the site within 1 year of the date of the decision notice Reason: In the interests of amenity and in order to retain effective planning control”

[Reference: Minutes of 8 September 2015 (Paragraph 18)]

Councillor Shearer, having declared an interest in this application, withdrew from the meeting during its consideration

4 Application P/19/0727 for a Residential Development with Associated Engineering Works, Landscaping and Open Space (Planning Permission in Principle) at Land 250 Metres Southwest of The Beeches, Boghall Road, Biggar A report dated 7 November 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/0727 by Gladman Developments Limited for a residential development with associated engineering works, landscaping and open space (planning permission in principle) at land 250 metres southwest of The Beeches, Boghall Road, Biggar.

Points raised in a letter from the applicant in support of the application were referred to at the meeting and addressed by officers.

The Committee decided: that planning application P/19/0727 by Gladman Developments Limited for a residential development with associated engineering works, landscaping and open space (planning permission in principle) at land 250 metres southwest of The Beeches, Boghall Road, Biggar be refused for the reasons detailed in the Executive Director’s report.

5 Application P/19/0362 for Approval of Matters Specified in Conditions 1a), b), d), h), 4 to 8, 11, 14, 16, 20, 22, 24 to 26, 29, 30, 33, 35, 39 and 44 of Planning Permission in Principle HM/13/0352, Relating to Site Layout and Design, Dust Management, Site Investigation, Noise, Flood Risk, Archaeology, Outdoor Access, Travel Pack and Habitat Management, for a Residential Development (Phase 2) at Summerlee Road, Larkhall A report dated 7 November 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/0362 by Persimmon Homes for approval of matters specified in conditions 1a), b), d), h), 4 to 8, 11, 14, 16, 20, 22, 24 to 26, 29, 30, 33, 35, 39 and 44 of planning permission in principle HM/13/0352, relating to site layout and design, dust management, site investigation, noise, flood risk, archaeology, outdoor access, travel pack and habitat management, for a residential development (Phase 2) at Summerlee Road, Larkhall.

During discussion, Members stressed the importance of ensuring they were involved in and informed of discussions on priorities in respect of developers’ contributions.

The Committee decided: that planning application P/19/0362 by Persimmon Homes for approval of matters specified in conditions 1a), b), d), h), 4 to 8, 11, 14, 16, 20, 22, 24 to 26, 29, 30, 33, 35, 39 and 44 of planning permission in principle HM/13/0352, relating to site layout and design, dust management, site investigation, noise, flood risk, archaeology, outdoor access, travel pack and habitat management, for a residential development (Phase 2) at Summerlee Road, Larkhall be granted subject to the conditions specified in the Executive Director’s report.

[Reference: Minutes of 27 May 2014 (Paragraph 3)]

6 Application P/19/0510 for Erection of 3 Chalets for Tourist Accommodation, Erection of Guest House (Class 7) with Integrated Owner’s Accommodation and Formation of Vehicle Access and Parking Areas at Land 115 Metres North Northeast of Clydesbank, St Patricks Road, Lanark A report dated 29 October 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/0510 by C Nicholson for the erection of 3 chalets for tourist accommodation, erection of a guest house (Class 7) with integrated owner’s accommodation and formation of vehicle access and parking areas at land 115 metres north northeast of Clydesbank, St Patricks Road, Lanark.

The Committee decided: that planning application P/19/0510 by C Nicholson for the erection of 3 chalets for tourist accommodation, erection of a guest house (Class 7) with integrated owner’s accommodation and formation of vehicle access and parking areas at land 115 metres north northeast of Clydesbank, St Patricks Road, Lanark be granted subject to the conditions specified in the Executive Director’s report.

7 Application P/19/0916 for Amendments to House Types Within Specified Plots and Provision of 5 Additional Units (Amendment to Planning Consent HM/16/0486) at Little Earnock Farm 2, Highstonehall Road, Hamilton A report dated 31 October 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/0916 by Avant Homes for amendments to certain house types within specified plots and the provision of 5 additional units (amendment to planning consent HM/16/0486) at Little Earnock Farm 2, Highstonehall Road, Hamilton.

The Committee decided: that planning application P/19/0916 by Avant Homes for amendments to certain house types within specified plots and the provision of 5 additional units (amendment to planning consent HM/16/0486) at Little Earnock Farm 2, Highstonehall Road, Hamilton be granted subject to the conditions specified in the Executive Director’s report.

[Reference: Minutes of 21 February 2017 (Paragraph 8)]

Councillor Burns left the meeting following consideration of this item of business

8 Application P/19/1153 for Erection of 24 Houses and Associated Road and Services at Land at Edinburgh Road/Carwood Road, Biggar A report dated 29 October 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/1153 by South Lanarkshire Council for the erection of 24 houses and associated road and services at land at Edinburgh Road/Carwood Road, Biggar.

The Committee decided: that planning application P/19/1152 by South Lanarkshire Council for the erection of 24 houses and associated road and services at land at Edinburgh Road/Carwood Road, Biggar be granted subject to the conditions specified in the Executive Director’s report.

[Reference: Minutes of 9 July 2013 (Paragraph 4)]

9 Application P/19/1232 for Reduction of Plot Numbers from 114 to 108, Update of House Types and Various House Type Changes Within 37 Plots (Amendment to Planning Consent HM/16/0022) at Area D, Site of Former Brackenhill Farm, Meikle Earnock Road, Hamilton A report dated 30 October 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/19/1232 by Stewart Milne Homes for a reduction of plot numbers from 114 to 108, an update of house types and various house type changes within 37 plots (amendment to planning consent HM/16/0022) at Area D, site of former Brackenhill Farm, Meikle Earnock Road, Hamilton

The Committee decided: that planning application P/19/1232 by Stewart Milne Homes for a reduction of plot numbers from 114 to 108, an update of house types and various house type changes within 37 plots (amendment to planning consent HM/16/0022) at Area D, site of former Brackenhill Farm, Meikle Earnock Road, Hamilton be granted subject to the conditions specified in the Executive Director’s report.

[Reference: Minutes of 26 April 2016 (Paragraph10)]

10 Urgent Business There were no items of urgent business.

10 Agenda Item

Report 3

Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1530 Planning proposal: Erection of 45 dwellings (single and two storey units and three 3 storey flats) and a two storey community and care facility and associated roads, parking and landscaping.

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: South Lanarkshire Council Location: • Land At Site Of Former St Joseph’s Primary School Joanna Terrace Blantyre South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Mark Hall ♦ Council Area/Ward: 15 Blantyre ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 1 - Spatial strategy Policy 2 - Climate change Policy 4 - Development Management and Place Making Policy 6 - General Urban Area/Settlements Policy 16 - Travel and Transport Policy 17 - Water Environment and Flooding

Development Management, Place Making and Design Supplementary Guidance (2013)

Residential Design Guide (2011)

Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) (2018)

Policy 1 - Spatial Strategy Policy 2 – Climate Change Policy 3 – General Urban Area/Settlements Policy 5 - Development Management and Place Making Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy DM1 - New Development Design Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 - Sustainable Transport Policy DM15 - Water Supply

♦ Representation(s):

► 835 Objection Letters ► 1 Support Letter ► 0 Comment Letters

♦ Consultation(s):

Roads Flood Risk Management

Scottish Water

Arboricultural Services

Blantyre Community Council

Roads Development Management Team

Environmental Services

Planning Application Report

1 Application Site 1.1 The application relates to land associated with the former St Joseph’s Primary School in Blantyre. St Joseph’s Primary School was replaced by a new school building under the Council’s Schools Modernisation Programme in 2010. The former school building and hard surfaces were demolished and removed with the site being transferred to the Council’s Housing Services for redevelopment in 2016.

1.2 The site extends to approximately 1.9 hectares in area, it is irregular in shape and it is generally flat, comprising unmaintained grass. A small number of individual trees are located within the south-eastern corner of the site with two distinct groups of trees located towards the south of the site, adjacent to Glasgow Road. The site is bounded to the north and east by residential properties and St Joseph’s Primary School, to the south by Glasgow Road, Joanna Terrace and residential properties and to the west by residential properties and St Joseph’s Church. Access to the site at present can either be taken from Joanna Terrace or Park Lane.

2 Proposal(s) 2.1 This is a detailed planning application for the erection of 45 dwellings (single and two storey units and three blocks of 3 storey flats) and a two storey community and care facility and associated roads, parking and landscaping. The application relates to a joint proposal that has been developed between the Council’s Housing Services and South Lanarkshire Health & Social Care Partnership (SLH&SCP) for a mixed use development of housing, technology enabled housing and a local community and care facility. The proposed development would consist of 27 houses and 18 flats. Eight of the houses and 12 of the flats would be technology enabled and supported by the proposed care facility. The remaining houses and flats would provide accessible mainstream housing for the Council’s Housing Services. The proposed community and care facility would provide transitional care to support those in need to rehabilitate before returning to their own homes.

2.2 Prior to this current application being submitted, a detailed application for the erection of 45 dwellings and community and care facility and associated roads, parking and landscaping on the site was submitted by the applicant under application P/19/0872. This application was withdrawn on 14 October 2019. The proposed access arrangements for that application was to be via Park Lane which also provides access to St Joseph’s Primary School. Following a period of community consultation, 1092 representations were received raising issues in respect of traffic and access, especially concerning the use of Park Lane as the sole vehicular access to the site. In this respect, two points are noted. First, the original submitted proposal met the Council’s design standards and was supported by a transport assessment which demonstrated the acceptability of the proposed access arrangements to the development. Second, notwithstanding this, the applicant decided to amend their proposals and submit a revised planning application (subject of this report) in order to address the issues raised through the community consultation exercise and representations submitted through the planning process. In the revised planning application, only the community care facility and four terraced houses would take access from Park Lane with the remainder of the proposed housing (41 units) being accessed separately from Joanna Terrace. Further details relating to this application are set out in paragraph 3.3.1.

2.3 The submitted Design Statement advises that the proposed Community Care Facility is a new model for SLH&SCP which is based on a model of integrated care that will also connect with the wider community. It will allow for the opportunity to co-locate and integrate services and amenities. The care facility programme will consist of the following interrelated functions:

- 20 ensuite rooms providing intermediate / transitional care for adults and older people in the form of short term support to allow people to return home following a period of ill health or crisis. There will also be multi-purpose rooms to enhance this re-ablement intervention.

- A community-facing hub featuring: a café; demonstration site (showcasing Telehealth/Telecare technology and how that can improve lives); guidance and support for unpaid carers; rehabilitation gym, treatment rooms, linkage and signposting into community-based voluntary and third sector support, with flexible opening times to accommodate public needs.

- A Centre of Excellence which would host Telehealth/Telecare demonstration space, facilities to train and develop health and care staff, a staff base to enable the delivery of in-reach and outreach support, accommodation for students consisting of a two-bedroom trainee flat, community regeneration and intergenerational space to promote social enterprises such as community gardens, sensory garden and children’s play area which would be autism and disability friendly. Facilities for visiting services including doctors, podiatrists, social care staff and physiotherapy are included to help deliver this.

- 20 technology enabled homes which would provide barrier living space to support adults and older people with complex needs to live independently in the community. Where support is required, this would be provided by community- based Health and Social Care teams.

2.4 The proposed Care Facility would be located along the north western edge of the application site and would be accessed from Park Lane. The main car park and drop off facility would be located at the front entrance with residents and staff parking behind the building on the north western boundary. The south eastern edge of the building and landscaped area would incorporate a main pedestrian route connecting the development with local facilities on Glasgow Road and a safe route between the primary school and the local church. The Care Facility would be two storeys in height and would be finished with a standing seam aluminium roof, brick walls, aluminium faced windows, doors and curtain walling. The building’s design would incorporate roof-lights and roof mounted PV panels, rear high level louvres on the north-west elevation and low level louvres to the rear for plantroom ventilation, hard standing at the rear for an emergency mobile generator and sprinkler tanks would be enclosed and screened with welded wire and timber fencing.

2.5 The proposed housing would be positioned within the remaining area of the site bounded by the pedestrian avenue, Glasgow Road and St Joseph’s Primary School. The housing would have enclosed rear gardens with a mixture of in- curtilage or off street car parking. The proposed finish materials for the housing would be concrete roof tiles, brick walls and UPVC windows and doors. The housing

14 would also include roof mounted PV panels. The proposed three storey flats would have associated amenity open space and dedicated off street car parking. Vehicular access to the housing would primarily be via Joanna Terrace only with the exception of four terraced properties which would be accessed from Park Lane. This is a change from the previous application which the applicant has proposed in response to the public consultation which they undertook. The layout includes several areas of amenity open space and two Sustainable Urban Drainage Systems (SUDS) would be located within the southern part of the site.

2.6 A Design Statement, Transport Assessment, Tree Survey, Site Investigation Report, Flood Risk Assessment and Drainage Strategy Report and a Preliminary Ecological Appraisal were submitted with the application as supporting documents.

3 Background 3.1 Local Planning Policy 3.1.1 In terms of local plan policy, the application site is located within the general urban area and is covered by Policy 1 - Spatial Strategy, Policy 2 - Climate change, Policy 4 - Development Management and Place Making, Policy 6 - General Urban Area/Settlements, Policy 16 - Travel and Transport and Policy 17 - Water Environment and Flooding of the adopted South Lanarkshire Local Development Plan. The Development Management, Place Making and Design Supplementary Guidance relating to ‘Design’ and the Residential Design Guide are also relevant to the assessment of the application. The content of the above policies and guidance and how they relate to the proposal is assessed in detail in Section 6 of this report.

3.1.2 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the currently adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 3 – General Urban Area/Settlements, Policy 5 - Development Management and Place Making Policy, Policy 15 - Travel and Transport and Policy 16 - Water Environment and Flooding are relevant. Volume 2 of the Proposed Plan contains further policy guidance that will be used when assessing planning applications. In this instance, Policies DM1 - New Development Design, SDCC2 - Flood Risk, SDCC3 - Sustainable Drainage Systems, SDCC4 - Sustainable Transport and DM15 - Water Supply are relevant.

3.2 National Planning Guidance/Advice 3.2.1 In terms of residential development, Scottish Planning Policy (SPP) requires Councils to maintain a five year supply of effective housing land. Planning Authorities are also required to promote the efficient use of land by directing development towards sites within existing settlements, where possible, in order to make effective use of existing infrastructure and service capacity.

3.3 Planning History 3.3.1 As set out above, a detailed planning application was submitted by the Council on 3 June 2019 for the erection of 45 dwellings (two storey houses and three storey flats) and a two storey community and care facility and associated roads, parking and landscaping. The application was withdrawn by the applicant on 14 October

15 2019 (P/19/0872). A total of 1,092 representations were submitted in relation to the application with the vast majority submitted in the form of a standard signed letter. The main issues raised related to: increased traffic congestion as a result of the development, a lack of drop off facilities for St Joseph’s Primary School on Park Lane, the client groupings using the care facility, inappropriate pedestrian and vehicle access to St Joseph's Primary and Nursery School, the absence of a direct and exclusive link between St Joseph’s Church and the primary school, the absence of additional car parking to alleviate existing parking problems on Glasgow Road and overlooking and loss of privacy to existing residential properties on Joanna Terrace. The original submitted proposal met the Council’s design standards and was supported by a transport assessment which demonstrated the acceptability of the proposed access arrangements to the development. Notwithstanding this, the applicant decided to amend their proposals and submit a revised planning application (subject of this report) in order to address the issues raised through the community consultation exercise and representations submitted through the planning process. In the revised planning application, only the community care facility and four terraced houses would take access from Park Lane with the remainder of the proposed housing being accessed separately from Joanna Terrace.

4 Consultation(s)

4.1 Arboricultural Services – have no objections to the application subject to conditions to ensure the imposition of a suitable landscaping scheme for the development. Response: Noted. Appropriately worded conditions would be attached to any consent granted to address the above matters.

4.2 Environmental Services – have no objections to the application subject to informatives relating to construction, demolition and pest control. Response: Noted. Appropriately worded informatives would be attached to any consent granted to address the above matters.

4.3 Roads Development Management Team – have no objection to the application subject to conditions and informatives relating to the access to the development, car and cycle parking provision, driveways and drainage. Response:- Noted. Appropriately worded conditions and informatives would be attached to any consent granted to address the above matters.

4.4 Roads and Transportation Services (Flood Risk Management) – have no objections to the application subject to the Council’s Sustainable Urban Drainage Systems (SUDS) design criteria being satisfied through the completion of a self- certification document. Response:- Noted. Appropriately worded conditions would be attached to any consent granted to address the above matters

4.5 Scottish Water – have no objections to the application. Response: Noted. Any consent granted would include a condition to ensure that the development is not occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards.

16 4.6 Blantyre Community Council – no response received to the consultation issued on 16 October 2019. Response: Noted.

5 Representation(s)

5.1 Statutory neighbour notification procedures were undertaken and the application was advertised in the Hamilton Advertiser due to the scale and nature of the proposal under the heading Non-notification of Neighbours. 836 letters of representation were received. The grounds of objection are summarised below. As noted in Section 3.3.1 of this report, 1,092 representations were submitted in relation to the previously withdrawn planning application P/19/0872. The grounds of objection to the withdrawn application are similar to the objections summarised below.

(a) The traffic impact analysis fails to take into account the current use of Joanna Terrace. This area is used as parking for the various fast food outlets, betting shops and Lloyds chemist as well as the other shops in the area. This means that at peak times such as early morning and late afternoon Joanna Terrace is, at present, over capacity and often blocked. The introduction of an additional 30 vehicle visits per day, even if the road is widened, will make Joanna Terrace impassable. Response: The application is supported by a Transport Assessment (TA) which made an allowance for the existing traffic movements on Joanna Terrace and the proposed development. The TA estimated that there will be an additional 30 vehicles in total arriving and departing during each of the morning and afternoon peak network periods. The TA provided a robust assessment and concluded that Joanna Terrace and Park Lane would operate within capacity.

(b) The proposal removes approximately 20 parking spaces between the current strip belonging to the nursery and the 2 spaces on Glasgow Road. These have been replaced by 3 public parking spaces. As these spaces and other spaces in the scheme are further away from Glasgow Road the general public will probably favour parking on street in Joanna Terrace causing further congestion. The yellow line restrictions will have to be rigorously enforced but since the Council has no parking wardens in the area this is not likely to happen. Response: There is no change to the existing parking spaces and, specifically, the off road spaces will remain. The application will provide an additional 3 spaces close to Glasgow Road.

(c) The pend access to private parking for residents of 274 and 272 Glasgow Road is not indicated so presumably has not been considered in the proposal. The current use of Joanna Terrace means that access to the pend can already be impeded but with the additional congestion from the new residents at peak times access for residents to 272 and 274 will be further restricted. Response: Existing parking restrictions should ensure the pend access is not impeded during the majority of the day. Enhanced parking restrictions on Joanna Terrace will be further developed including increased enforcement immediately following completion of the development. The impact of the additional traffic queuing on Joanna Terrace would be marginal.

(d) Delivery and refuse collections also impact on the use of Joanna Terrace. Vans and lorries delivering to the chemist, fast food outlets and local shops often stop in Joanna Terrace. This will impact on the users of the new development and, with the increase in traffic, cause further disruption to the existing residents. Refuse collections for residents of 274 and 272 are made in Joanna Terrace meaning the lorry has to stop there. It will also require access via the terrace to serve the residents of Gordon Gate. Again, no mention is made of this in the TIA. Response: The impact of refuse collections and deliveries on the road network within and serving the development will be minimal and Roads and Transportation are satisfied that the proposal raises no access, parking or road safety issues.

(e) The TIA only makes provision for an additional 30 journeys per day for an additional 43 residential units accessing via Joanna Terrace. This will assume that not all residents own cars but, since it is a care facility, visiting carers and relatives are likely to increase this use by more than 30 per day. Response: The submitted Transport Assessment estimates in Table 5.1, that there would be 30 journeys in the morning peak hour and 30 journeys in the evening peak hour. Vehicular access to the care facility would be via Park Lane and would not impact on Joanna Terrace.

(f) I would suggest a revised layout of accommodation blocks to provide access via the area between 274 and the chapel hall along with a revision to the traffic lights on Glasgow Road and Stonefield Road, including the pedestrian lights outside 274, would provide a more suitable access route. Response: Whilst the above points are noted, the Planning Services is required to assess the proposal as submitted and following consultation with Roads and Transportation Services, it is considered that the proposal is acceptable and that it raises no access, parking or road safety issues.

(g) As a disabled person with many physical restrictions the parking for the single story housing is an issue. A disabled person is going to have to park at the rear and travel to front of property round the block. This is going to be dangerous in bad weather and I would feel vulnerable as a disabled female doing this at night. Very difficult if a wheelchair user has shopping as going via the rear gate between 2 cars on a shared drive will be difficult. It would be much better if these houses were turned with the secured gardens on facing the HUB and have small dedicated driveway to the front facing the developments neighbours. This way the back gardens can remain secured and have slightly wider driveways in a small front garden that is better for people with carers or indeed myself as a disabled driver. The likelihood is that any Disabled people in chairs will need automatic door openers which will ideally be on the front door so parking at your front door independent access would be much safer. Response: All the housing in the development is designed as accessible. This provides barrier free access to both front and rear doors along with level footpaths and gardens. Appropriate adaptations can be undertaken if a property is let to individuals with needs that are unique or go beyond the

18 standards provided. These adaptations would be based on the recommendations of the appointed occupational therapist. These are usually done towards the end of the construction period as lets and individuals’ needs can change over the time involved.

(h) The letter sent out to those who complained about the previous plan was misleading and some members of the Parent Council feel the letter to be cynical and deceitful. The letter at first glance gave the impression that the previous plan had been dropped whereas in reality the plan presented for planning permission differs only marginally from the plan presented at public meetings [although not put before Council for approval]. Response: The letter advising objectors of the withdrawal of the previous application stated clearly that following a period of community consultation and the comments received, the applicant decided to revise their proposals and that a revised application had been submitted which contained the proposed amendments to the scheme. The letter also advised that all comments received to date relating to the proposed development and any further comments received would be fully considered and would form part of the assessment of the application when reported to the Planning Committee.

(i) St Joseph's School was promised a dedicated and secure drop off zone when the school was built on the present site 8 years ago. The school and local community have been very patient waiting for this to be provided. The plan as presented provides no extra drop off/pick up and therefore is a betrayal of this promise. A verbal offer of being able to use the area to the front of the Care Hub is neither adequate nor binding and therefore cannot be taken seriously. Response: Following discussions between the Parent Council and officers, improvements to assist access to and from St Joseph’s Primary School are being considered by the Council. The intention is to make the 18 spaces between the care hub and the primary school available for school use, which would assist during the morning drop-off and afternoon collection periods. These improvements are separate from this proposed development and are not material to the assessment on the planning application.

(j) The residents of the Park Lane area have been greatly inconvenienced by the building of the school without adequate infrastructure regarding ingress and egress. The promise of a pilot scheme to create a car free zone is by its nature experimental and in no way allays the concerns of residents regarding the present situation without taking account of the added pressure of the proposed development. Response: The original planning application that was withdrawn, sought to use Park Lane as the sole vehicular access to the development. Following a period of community consultation, a revised planning application was submitted which altered the access arrangements to the site and splits access to the proposed development between Park Lane and Joanna Terrace. The pilot scheme for a car free zone has been proposed and, if successful, would restrict parents/carers from driving on Park Lane and Ennisfree Road. Whilst this proposal is not directly related to the planning application, it would significantly reduce the number of vehicles using Park Lane at school arrival and leaving times. It is envisaged that, if the scheme was successful, it could

19 become a permanent car free zone. The low volume (estimated to be up to 5 vehicles arriving at the community care facility in the peak hours, and up to 5 vehicles departing) of anticipated trips generated by the community care facility would have a minimal impact on Park Lane.

(k) The promise of a dedicated and direct link between St Joseph's Church and School is not fulfilled by the present plan since it involves walking through a residential area as well as through the open area around the Care Hub. At present approximately twenty cars use the church car park twice daily to drop off or pick up children who then walk through a temporary but dedicated path to and from the school. The present plan would make this arrangement unacceptable to parents and guardians and would therefore create more congestion at the Park Lane side of the school. There is no possibility of accessing the school with coaches for field trip and excursions. The school is dependent on the good will of St Joseph's Church in this regard. This is not an adequate arrangement. Response: In terms of the safety and security of the children, it is considered that the proposed pedestrian route between St Joseph’s Church and St Joseph’s Primary School is open and secure in its design and would be well overlooked by the adjacent residential properties and care facility. The proposed layout also allows for coach drop off and turning within the care facility car park.

(l) The proposed access via Joanna Terrace involves using a non-adopted road. What provision is being made for residents of Joanna Terrace if the access to the new site goes ahead? What parking is being provided for the users of the Chemist shop and children's nursery on the Joanna Terrace/Glasgow Road junction? Has a traffic flow and impact assessment been compiled for this specific proposal? Response: Although the section of road within the old primary school grounds is un-adopted, it is in Council ownership and the extension of the road into the proposed development would be built to adoptable standards and adopted and maintained by the Council as the Local Roads Authority. The application is supported by a Transport Assessment (TA) and has been assessed by Roads and Transportation and they are satisfied that the proposal raises no access, parking or road safety issues.

(m) Increased levels of traffic at Station Road and Park Lane. These roads are the most congested in Blantyre and the Care Hub proposals having access from Park Lane will only increase traffic further. Permitting further traffic on these routes, already strained due to inadequate parking for the station, will only compromise safety near the School. Additionally, these routes are already congested enough to impede emergency vehicles. Response: For the reasons previously discussed above, Roads and Transportation Services are satisfied that the proposal raises no access, parking or road safety issues.

(n) It was understood that a link corridor would be provided (in the form of open boulevard or street) from the site of the Hall through to St Joseph’s School, respecting the historical link between these buildings. This seems to have been overlooked in the design, promoting some anger in

20 the community. We would urge the Council to respect this and ensure a safe route for children is incorporated into the street design. Response: As discussed above, in terms of safety and security it is considered that the proposed pedestrian route between St Joseph’s Church and St Joseph’s Primary School is open and secure in its design and would be well overlooked by the adjacent residential properties and care facility.

(o) An opportunity to create an overflow carpark for Glasgow Road appears to have been missed, despite the perfect opportunity for such at Joanna Terrace. Instead of 4 x Type A units, a small carpark for up to 30 cars could be built, which would see parking issues alleviated on the busy Glasgow Road and could also be used as drop off for St Joseph’s. Response: Whilst the above concerns are noted, the application must be assessed based on the proposals contained within the application. The Council’s Roads and Transportation Service is satisfied that the proposal raises no access, parking or road safety issues.

(p) The proposed development will result in overlooking and loss of privacy to existing residential properties located on Joanna Terrace. Response: Due to the distances between the proposed dwellings and the adjacent residential properties on Joanna Terrace, it is considered that the proposal is acceptable and that it will have no significant adverse impact on existing properties in terms of overlooking or loss of privacy.

(q) The plans will not in any way alleviate the ongoing traffic problem in Park Lane. Response: The application is supported by a Transport Assessment (TA) and Roads and Transportation are satisfied that the proposal raises no access, parking or road safety issues.

5.2 These letters have been copied and are available for inspection in the usual manner.

6 Assessment and Conclusions

6.1 The applicant seeks detailed planning permission for the erection of 45 dwellings (single and two storey units and three blocks of 3 storey flats) and a two storey community and care facility and associated roads, parking and landscaping. The application relates to a joint proposal that has been developed between the Council’s Housing Services and South Lanarkshire Health & Social Care Partnership (SLH&SCP) for a mixed use development of housing, technology enabled housing and a local community and care facility. The determining issues in consideration of this application are its compliance with national and local plan policy and its impact on the amenity of adjacent properties and on the local road and footpath network.

6.2 In terms of residential development, Scottish Planning Policy (SPP) requires Councils to maintain a five year supply of effective housing land. Planning Authorities are also required to promote the efficient use of land by directing development towards sites within existing settlements, where possible, in order to make effective use of existing infrastructure and service capacity. In this instance, the proposal involves the re-use of previously developed land associated with the

21 former St Joseph’s Primary School through the provision of new housing which would have a positive impact on both the built and natural environment. The proposal also promotes development in a sustainable location within Blantyre town centre which would be accessible by public transport with bus stops located directly adjacent to the site on Glasgow Road. In addition, the development would be located within walking distance of the train station and would be well integrated into existing walking and cycling networks. It is, therefore, considered that the proposal is acceptable and in accordance with national planning policy.

6.3 In terms of local plan policy, the application site is located within the general urban area and is covered by Policy 1 - Spatial Strategy, Policy 2 - Climate change, Policy 4 - Development Management and Place Making, Policy 6 - General Urban Area/Settlements, Policy 16 - Travel and Transport and Policy 17 - Water Environment and Flooding of the adopted South Lanarkshire Local Development Plan. The Development Management, Place Making and Design Supplementary Guidance relating to ‘Design’ and the Residential Design Guide are also relevant to the assessment of the application.

6.4 Policies 1 and 2 encourage sustainable economic growth and regeneration, a move towards a low carbon economy, the protection of the natural and historic environment and mitigation against the impacts of climate change. In line with these policies and as highlighted above, the proposal involves the reuse of an area of vacant land on a previously developed site located within a sustainable location within the Blantyre settlement and includes opportunities for active travel routes and trips by public transport, with bus stops located directly adjacent to the site. In addition, the development would be located within walking distance of the train station and would be well integrated into existing walking and cycling networks. The development will also benefit the town centre through additional footfall which will not only assist with its regeneration but will also be of economic benefit. The proposal is, therefore, considered to be in accordance with the terms of Policies 1 and 2.

6.5 Policy 6 - General Urban Area/Settlements states that within the urban areas and settlements identified on the proposals map, residential developments and those of an ancillary nature such as guest houses, children's nurseries, medical facilities, community uses, small scale retail or workshop units may be acceptable, provided they do not have a significant adverse effect on the amenity and character of the area. 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. As the application site is located within the general urban area and the proposal is for housing and a community care facility, it is considered that the proposal raises no policy issues and that it conforms with the terms of Policy 6.

22 garden depths and car parking. The proposed houses are of a modern high quality design with a suitably high standard of finish materials and it is considered that the development will be in keeping with the existing residential development in the surrounding area. The density of the proposal is similar to that of neighbouring residential developments and the proposed access arrangements have been assessed and are considered to be acceptable. In view of the above, it is considered that the proposal will relate satisfactorily to adjacent development and that the character and amenity of the area will not be impaired to a significant degree by reason of traffic generation, parking or visual intrusion. It is considered that the proposal represents an appropriate re-use of a vacant site and that the redevelopment of the site will improve the visual and environmental quality of the area. The proposal is, therefore, considered to be in accordance with the terms of Policy 4.

6.7 Policy 16 - Travel and Transport seeks to ensure that development considers, and where appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of the need to provide proper provision for walking, cycling and public transport. In this regard, the application site is located in a sustainable location within Blantyre town centre which would be accessible by public transport with bus stops located directly adjacent to the site on Glasgow Road. In addition, the development would be located within walking distance of the train station and would be well integrated into existing walking and cycling networks. There would be two vehicular access routes to the development with the Park Lane access serving the care facility and four houses. The remainder of the housing would be accessed via Joanna Terrace. The care facility and housing will have a minimal impact on Park Lane and would not conflict with traffic accessing the neighbouring primary school. Furthermore, Roads and Transportation Services are satisfied that the proposal raises no access, parking or road safety issues. It is, therefore, considered that the proposal complies with Policy 16.

6.8 The proposal has been assessed by the relevant consultees in terms of Policy 17. With regard to flooding and surface water drainage, no adverse comments were raised by Roads and Transportation subject to the inclusion of conditions requiring the submission of a flood risk/drainage assessment and the provision of a sustainable urban drainage system (SUDS) within the site. Scottish Water have also confirmed that they have no objections to the application and any consent granted would include a condition to ensure that no dwellings are occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards. It is, therefore, considered that the proposal is in accordance with the terms of Policy 17.

6.9 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. It is considered that the proposal accords with Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 3 – General Urban Area/Settlements, Policy 5 - Development Management and Place Making Policy, Policy 15 - Travel and Transport and Policy 16 - Water Environment

23 and Flooding in the Proposed Plan in addition to Policies DM1 - New Development Design, SDCC2 - Flood Risk, SDCC3 - Sustainable Drainage Systems, SDCC4 - Sustainable Transport and DM15 - Water Supply of the SLLDP2 Volume 2.

6.10 In summary, the proposal involves the provision of 45 social housing units and a care facility that offers an innovative community resource providing transitional care for older people and younger adults with complex care and support needs, all of which will provide significant benefits to the wider community. It is considered that the proposal will relate satisfactorily to adjacent development and that the character and amenity of the area will not be impaired to a significant degree by reason of traffic generation, parking or visual intrusion particularly in relation to the adjacent residential properties and St Joseph’s Primary School. Whilst the issues of access and additional traffic generation have been raised as matters of concern amongst local residents, a considerable level of community consultation was undertaken in relation to the original layout submitted under application P/19/0872. Whilst that application was supported by a transport assessment which demonstrated the acceptability of the proposed access arrangements to the development, revised access arrangements are proposed under the current application to take account of the concerns raised by the community and to help alleviate those concerns. The updated Transport Assessment (TA) has assessed the feasibility of Joanna Terrace as an access to serve up to approximately 30 two way vehicle trips during each peak hour and concluded that access from Joanna Terrace would be acceptable. Roads and Transportation are satisfied with the conclusions of the TA and consider that the proposal raises no access, parking or road safety issues.

6.11 Statutory consultees have raised no adverse comments in relation to the proposal and the matters which have been raised can be addressed through the use of conditions where appropriate. The letters of representation that have been received in relation to the application and the grounds of objection have been discussed in detail in Section 5. Since the proposal is considered to be acceptable and complies with national and local plan policy it is recommended that detailed planning permission be granted subject to the conditions listed.

7 Reasons for Decision 7.1 The proposal has no adverse impact on residential or visual amenity nor raises any environmental or infrastructure issues and complies with Policies 1, 2, 4, 6, 16 and 17 of the adopted South Lanarkshire Local Development Plan and the Proposed Development Management, Place Making and Design Supplementary Guidance relating to ‘Design’. The proposal also complies with Policies 1, 2, 3, 5, 15 and 16 and Policies DM1, SDCC2, SDCC3, SDCC4 and DM15 of the Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2).

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 29 November 2019

Previous references  P/19/0872

List of background papers

24 ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Development Management Place Making and Design Supplementary Guidance (2015) ► Residential Design Guide (2011) ► Proposed South Lanarkshire Development Plan 2 ► Neighbour notification letter dated 16 October 2019 ► Press Advertisement, Hamilton Advertiser dated 24.10.2019

► Consultations

Roads Flood Risk Management 19.11.2019 Scottish Water 21.10.2019 Arboricultural Services 19.11.2019 Environmental Services 28.10.2019 Roads Development Management Team 19.11.2019

► Representations Dated:

Mr Colin Gray, 2-1, 274 Glasgow Road, Blantyre, Glasgow, 19.10.2019 South Lanarkshire, G72 0YL

Mrs Margaret McGhee, 172 Dalcraig Crescent, Blantyre, 02.11.2019 Glasgow, South Lanarkshire, G72 9NR

Mrs Ann Fullerton, 53 Calderglen Avenue, Blantyre, Glasgow, 05.11.2019 South Lanarkshire, G72 9UP

Mr & Mrs Speirs, 13 Janefield Place, Blantyre, Glasgow, 07.11.2019 South Lanarkshire, G72 9TB

Ms Fi Muirhead, 11 Carlowrie Avenue, Blantyre, Glasgow, 22.10.2019 South Lanarkshire, G72 9HZ

A spreadsheet containing the full list of names and addresses can be accessed by clicking on the link below and scrolling to “Representation spreadsheet of addresses”:

https://publicaccess.southlanarkshire.gov.uk/online- applications/applicationDetails.do?activeTab=documents&keyVal= PZ5NBZOPGJG00

25 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: [email protected]

Detailed planning application

Paper apart – Application number: P/19/1530

Conditions and reasons

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

02. That before development starts, full details of the design and location of all fences and walls, including any retaining walls, to be erected on the site shall be submitted to and approved in writing by the Council as Planning Authority.

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

03. That before any of the dwellinghouses situated on the site upon which a fence is to be erected is occupied, the fence or wall for which the permission of the Council as Planning Authority has been obtained under the terms of Condition 2, shall be erected and thereafter maintained to the satisfaction of the Council.

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

04. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:

(a) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details. (g) location, type and materials to be used for hard landscaping including (h) specifications, where applicable for: permeable paving, tree pit design, tree root management, underground modular systems, sustainable urban drainage integration as appropriate.

Reason: To ensure the appropriate provision of landscaping within the site.

27 05. That the approved landscaping scheme shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the building(s) or completion of the development hereby approved, whichever is the sooner, and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council.

Reason: In the interests of the visual amenity of the area.

06. That no part of the development shall be occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards and as approved by the Council as Planning Authority in consultation with Scottish Water as Sewerage Authority.

Reason: To ensure the provision of a satisfactory sewerage system.

07. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; 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 signed appendices as required. The development shall not be occupied until the surface drainage works have been completed in accordance with the details submitted to and approved in writing 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.

08. That before the development hereby approved is completed or brought into use, the new vehicular access so far as it lies within the boundaries of the road abutting the site, shall be constructed in accordance with the specification of the Council as Roads and Planning Authority.

Reason: In the interests of traffic and public safety.

09. That before the development hereby approved is completed or brought into use, the entire access road and footpath network serving the development shall be laid out and constructed in accordance with the specification of the Council as Roads and Planning Authority.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access to the dwellings.

10. That no further changes in ground levels within the site shall take place without the prior written consent of the Council as Planning Authority.

Reason: In the interests of amenity and in order to retain effective planning control.

11. That the proposed site layout shall be constructed generally in accordance with submitted Drawing. No. HOD010882/101/S and Figure 2.4 in the submitted

28 Transport Assessment Addendum Note to the satisfaction of the Council as Planning and Roads Authority. Items not incorporated in these drawings shall be included, as follows:-

- 6 long stay cycle parking spaces adjacent to block of flats (Plot 19), - 6 long stay cycle parking spaces adjacent to Community Hub entrance, - 6m minimum aisle width for all perpendicular parking spaces, - White lining to indicate one-way circulation around public car park area and access/egress for community hub car parking area, - Provision of a 2.0m long extension of the north public car parking area, to facilitate movements into the end parallel parking space.

Reason: In the interests of public safety and to ensure the provision of adequate car parking in the development.

12. That all driveways and parking bays shall be provided with a drainage system, to prevent surface water from discharging onto the public road/footways to the satisfaction of the Council as Planning and Roads Authority.

Reason: In the interests of public safety.

13. That before, any works commence on site a Traffic Management Plan (TMP) shall be submitted to and approved in writing by the Council as Planning and Roads Authority. The TMP Management Plan shall include:

- A restriction on deliveries being made to the development site during sensitive periods for the school (08.00 - 09.15 and 14.30 - 15.30); - Details of a safe temporary pedestrian access which shall be maintained between Glasgow Road and Park Lane during term times; and - A sufficient level of parking shall be provided within the application site boundary for all site staff/construction workers and site visitors.

Thereafter, the approved Construction Management Plan shall be implemented throughout the construction period to the full satisfaction of the Council.

Reason: In the interests of public safety.

14. That no construction vehicles associated with the development hereby approved shall access the site between the hours of 08.00 to 09.15 and 14.30 to 15.30. Furthermore, no construction vehicles shall be parked up waiting for the access to open or for any other reason on the public road network.

Reason: In the interests of public safety and in order to retain effective planning control.

15. That prior to any work commencing on site a Residential Travel Pack (RTP) shall be issued to the first occupier(s) of each dwelling. The RTP shall contain details of local walking, cycling and bus routes to and from places of interest, as outlined in the submitted Transport Assessment.

Reason: To encourage sustainable modes of travel.

30 Agenda Item

Report 4 Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1578 Planning proposal: Erection of 8 terraced dwellings and 12 flatted dwellinghouses and associated access roads, SUDS, landscaping and amenity space.

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: South Lanarkshire Council Location: • Law Primary School Lawhill Road Law Carluke South Lanarkshire ML8 5HA [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Dennis Wong ♦ Council Area/Ward: 01 Clydesdale West ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 1: Spatial Strategy Policy 4: Development management and placemaking Policy 6: General urban area/ settlements Policy 15: Natural and historic environment Policy 16: Travel and Transport Policy 17: Water environment and flooding

Supplementary Guidance 1: Sustainable Development and Climate Change SDCC2 – Flood Risk 31 SDCC3 – Sustainable Drainage Systems

Supplementary Guidance 3: Development management, Placemaking and Design DM1 - Design

Residential Design Guide (2011)

Proposed South Lanarkshire Local Development Plan 2 (2018)

Policy 1 Spatial Strategy Policy 3 General Urban Areas and Settlements Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Environment Policy 15 Travel and Transport Policy 16 Water Environment and Flooding

♦ Representation(s):

► 124 Objection Letters ► 2 Support Letters ► 0 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Environmental Services

Roads Flood Risk Management

Arboricultural Services

WOSAS

Education Resources School Modernisation Team

32 Planning Application Report

1 Application Site 1.1 The application site is an area of approximately 0.78 hectares of informal open space located within the settlement boundary of Law. The northern boundary of the site adjoins Law Primary School with school parking and playing fields directly abutting the northern boundary with the school building behind. To the south, east and west of the site are exiting residential houses. Lawhill Road runs parallel with the western boundary with Castlehill Crescent adjoining the south eastern corner of the site. The site can currently be accessed by pedestrians form Lawhill Road, Castlehill Crescent and the Primary School. There are several trees located within the site with a cluster of mature trees just outside the site on the south west boundary of the site. The topography of the site is predominantly flat but does rise sharply along the southern boundary.

2 Proposal(s)

2.1 The application seeks detailed consent for residential development. A previous application for a development of 8 dwellinghouses and three 3 storey blocks of flatted dwellinghouses providing a total of 26 units was submitted in August, 2019. Following concerns raised by local residents, the applicant reviewed the proposals and this application was withdrawn. This current application was submitted which proposes to remove the third storey element from each block of flatted dwellings. The application seeks detailed consent for the erection three 2 storey, blocks of flatted dwellinghouses and 8 individual, 2 storey dwellinghouses. Each flatted block would provide 4 flatted units and the dwellinghouses are split into 2 terraces of 4. In total, the proposals would provide 20 homes.

2.2 The proposals also include 38 unallocated, private, on-street parking spaces with 3 being designated specifically for disabled drivers. Vehicular access is proposed from Castlehill Crescent. A hammerhead with turning area is proposed in the western end of the site but with no vehicular access onto Lawhill Road. Pedestrian access is proposed from both Castlehill Crescent and Lawhill Road as well as to the Primary school. A Sustainable Urban Drainage System (SuDS) pond is proposed with associated, underground water attenuation tanks on the northern boundary of the site. The proposals include a private garden for each dwellinghouse and shared amenity area for each block of flats.

2.3 The applicant is South Lanarkshire Council and the proposed dwellinghouses and flatted dwellings would provide social housing under the ownership of the Council as part of the Council’s New Housebuilding Programme. The proposed dwellinghouses and flatted dwellings would have a mix of internal layouts to suit a wide range of tenants and each block of flatted dwellings would be served by internal lifts to allow accessibility on both floors.

3 Background 3.1 National Policy

3.1.1 National Planning Framework 3 (NPF3) June 2014 identifies 4 primary outcomes for the long-term spatial development of Scotland: • A successful sustainable place • A low carbon place • A natural resilient place • A connected place

33 3.1.2 Scottish Planning Policy (SPP) June 2014 builds on NPF3 and advises that developments for new residential units should be concentrated within existing settlements, particularly in areas where there is continuing pressure for growth, and through the use of innovative approaches to rural housing. Further, SPP advises, the planning system should enable the development of attractive, well designed, energy efficient, good quality housing that contributes to the creation of successful and sustainable places and allocate a generous supply of land to meet identified housing requirements across all tenures.

3.1.3 It is considered that given the proposals are located within the settlement boundary of Law and are not classed as a ‘Major’ development in terms of the Planning Hierarchy, therefore, do not require to be further assessed within this high level context and should accordingly be assessed through the Development Plan as below.

3.2 Development Plan Status 3.2.1 Under the terms of 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. In this case, the development plan comprises the approved Glasgow and the Clyde Valley Strategic Development Plan 2017 (GVCSDP), the adopted South Lanarkshire Local Development Plan 2015 (SLLDP) and associated Supplementary Guidance.

3.2.2 The South Lanarkshire Local Development Plan (SLLDP) was adopted in 29 June 2015 The site is located within the settlement boundary of Law as designated within the SLLDP and within an area designated as a ‘General Urban Area’ within the SLLDP. The site is also overlain with a ‘Green Network’ designation within the SLLDP. The following policies are relevant: • Policy 1: Spatial Strategy • Policy 4: Development management and placemaking • Policy 6: General urban area/ settlements • Policy 14: Green network and greenspace • Policy 15: Natural and historic environment • Policy 16: Travel and Transport • Policy 17: Water environment and flooding

3.2.3 The following approved Supplementary Guidance documents support the policies in the SLLDP and also require assessment:

• Supplementary Guidance 1:Sustainable Development and Climate Change • Supplementary Guidance 3:Development Management, Placemaking and Design • South Lanarkshire Council: Residential Design Guide

3.2.4 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the currently adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance, the following policies are relevant:

Volume 1 • Policy 1 Spatial Strategy • Policy 3 General Urban Areas and Settlements • Policy 5 Development Management and Placemaking 34 • Policy 13 Green Network and Greenspace • Policy 14 Natural and Historic Environment • Policy 15 Travel and Transport • Policy 16 Water Environment and Flooding

3.3 Planning Background 3.3.1 A previous application for a development of 8 dwellinghouses and 3 No., 3 storey blocks of flatted dwellinghouses (P/19/1164) providing a total of 26 units was submitted in August, 2019. This application received approximately 76 objections. The applicant reviewed the concerns raised and noted that the 3 storey nature of the flatted dwellings was a common issue raised. This application was withdrawn and the site layout was redesigned to remove the third storey element form each block of flatted dwellings. The amended design was resubmitted and comprises this current application.

4 Consultation(s)

4.1 West of Scotland Archaeology Service (WOSAS) – no objections to the proposals subject to a suitable archaeological condition. Response: Noted and if planning permission is granted a suitable archaeological condition would be attached to the consent.

4.2 Roads and Transportation (Development Management) – no objections subject to conditions relating to details of proposed access, parking, visibility splays as well as construction management. Response: Noted and if planning permission is granted, conditions relating to access, parking, visibility splays and construction management would be be attached to the consent.

4.3 Roads and Transportation (Flood Risk) – no objections subject to the imposition of conditions to comply with the Council’s Design Criteria and to complete the necessary forms and provide required information prior to commencement on site. Response: Noted. The required conditions form part of this recommendation.

4.4 Education Services– have no objections to the proposals and have no concern regarding school capacity. Response: Noted.

4.5 Environmental Services– no objections subject to the flatted dwellings meeting the Scottish Building Regulations on internal noise and the requirement for details of bin storage and uplift. Response: Noted. A condition requiring further bin storage details forms part of the list in the paper apart. The proposals would be required to meet current Building Regulations through the Building Warrant application process and it is, therefore, considered that a condition requiring this would not be necessary.

4.6 Arboricultural Services/ Countryside and Greenspace– No objections but advise that Tree protection is required. Response: Noted and tree protection proposals are addressed by a condition as part of this recommendation.

5 Representation(s)

35 5.1 Statutory neighbour notification has been undertaken following which 124 letters of objection have been received with the following concerns:-

a) The design of the development is not in keeping with the character of the adjacent and surrounding area in terms of scale, massing, materials and density. Response: Detailed assessment of the design of the proposals is in paragraphs 6.5 to 6.8 below.

b) The loss of open space and Green Network. This site is used as an education resource by the primary school Response: Detailed assessment in relation to openspace and the Green Network is found in paragraphs 6.11 to 6.12 below.

c) Impact on surrounding amenity including issues of overlooking, privacy and sunlight and daylight Response: Detailed assessment in relation to amenity is found in paragraphs 6.5 to 6.8 below.

d) Road Safety through increase of traffic, lack of parking, inappropriate access. Response: Roads and Transportation Services (Development Management) have no objections to the proposals subject to the conditions that form part of the recommendation.

e) Loss of pedestrian access to the Primary School from Castlehill Crescent and beyond. Response: The proposals include a footpath connection through the site from Castlehill Crescent to join the existing footpath from the northern boundary of the site to the school. Condition 1 in the paper apart requires safe pedestrian access to be maintained at all times through the construction period.

f) Loss of trees and impact on protected species (Bats). Response: Detailed assessment in relation to trees and protected species are in paragraphs 6.11 to 6.14 below.

g) Potential noise and air pollution from construction Response: Any construction activity must adhere to strict limits on noise and dust and any construction relating to these proposals would have to adhere to these standards. Environmental Services would investigate any noise or air nuisance complaint if received.

h) Potential odour and vermin/ insects caused by the bins Response: Environmental Services have raised no concerns regarding the proposed bin storage subject to a condition detailing further details on storage and uplift. The further details will be required to meet Environmental Services residential standards on bins.

i) Lack of capacity at the Primary School Response: Education Services do not share these concerns and have confirmed that there is spare capacity for any additional school pupils from this development.

j) Lack of infrastructure, amenities and health care within Law

36 Response: It is considered that the development is not of a scale that would have an unacceptable impact upon local services.

k) Lack of public transport for new residents Response: The site is located close to a main public transport route on Lawhill Road and is accessible from the site on foot.

l) The northern end of the site is adjacent to land that floods/ has bad drainage Response: A self-contained Sustainable Drainage System (SuDS) has been designed to serve the site to ensure water does not flow to other areas around the site. The Council’s Flood Management Team are content with the proposals.

m) The proposals will create emission of gases and particulates Response: The site has an open aspect and it is, therefore, considered that any CO2 created by the dwellings (or associated vehicles) would be minimal and disperse naturally.

n) The location of the SuDS pond next to a school is dangerous Response: The SuDS pond would have to meet all relevant Health and Safety requirements for a development of this nature. Generally, ponds of this nature would be fenced off. Details of all HSE requirements would be included as part of the design criteria for the drainage system as conditioned within the paper apart.

o) The 3 storey height of the flats is unacceptable in terms of design and impact upon privacy. Response: As noted in 3.3.1, a previous application proposing 3 storey flats was withdrawn. A large portion of the objections submitted are copies of previous objections and do not take account of the amended design proposals.

p) Lack of consultation with the public Response: The application is not of a scale that would require statutory pre application consultation. As noted in paragraph 3.3.1, a previous application was withdrawn and this current application takes account of the concerns raised regarding the proposed height of the flats.

q) The suitability of locating social housing adjacent to a primary school with regard pupil safety Response: This is not a planning consideration.

5.2 Two letters were submitted stating they were in support of the proposals.

5.3 These letters have been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions 6.1 The application is for detailed planning permission for the erection of 8 dwellinghouses and 12 flatted dwellings on a portion of informal open space adjacent to law Primary School. All the units are to be built by the Council as affordable housing. Under the terms of 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. In this case, the development plan comprises the approved Glasgow and the Clyde Valley Strategic Development Plan 37 2017 (GVCSDP), the adopted South Lanarkshire Local Development Plan 2015 (SLLDP) and associated Supplementary Guidance. Other material considerations include impact on privacy and amenity, road safety, natural environment and loss of open space.

6.2 On 29 May 2018 the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. For the purposes of this report, SLLDP2 Policies are only referenced where they differ from the aims of SLLDP.

6.3 Policy 1 ‘Spatial Strategy’ of the SLLDP sets out the strategic vision of the plan which encourages sustainable economic growth and regeneration, protect and enhancement of the built and natural environment and the move towards a low carbon economy. This will be achieved, inter alia, by supporting ‘development that accords with and supports the policies and proposals in the development plan and supplementary guidance. In this instance, the site is located within land designated as ‘General Urban Area’ within the SLLDP. Policy 6 ‘General urban area/ settlements’ states that residential developments within designated ‘General Urban Areas’ may be considered acceptable provided that they do not have a significant adverse effect on the amenity and character of the area. Whilst not within the approved SLLDP, Policy 1 ‘Spatial Strategy’ references table 3.1 ‘Development Priorities’ which includes a list of all the projects that are appropriate to the SLLDP2 spatial strategy.

6.4 One priority within this table is the Council’s housebuilding programme which is the provision of 1000 new affordable homes to be developed by the Council on sites across South Lanarkshire by 2021. Sites to deliver this programme are identified within the Strategic Housing Investment Plan (SHIP) which is reviewed annually subject to approval by the Housing and Technical Resources Committee. The application site is one identified within the SHIP for affordable housing. In this instance, it is, therefore, considered that the principle of housing on the site is acceptable subject to further detailed development management considerations as assessed below.

6.5 Policy 4 ‘Development Management and Placemaking’ states that development proposals should take account of and be integrated within the local context and built form. New development should also have no significant adverse impacts on the local community. This advice is supported within Supplementary Guidance 3: Development Management, Placemaking and Design under Policy DM1 Design and Policy DM13 Development within general urban area/ settlement. The Council’s Residential Design Guide (2011) sets out the standards required for residential developments in relation to privacy, window to window distances, sunlight and daylight requirements and minimum garden and amenity provision. It also sets out guidelines for distances for flatted dwellinghouses between the rear elevation and the rear boundary.

6.6 It is considered that the proposed development would be appropriate to the site in question in terms of design and layout and would comply with the standards set out in the Council's Residential Development Guide, particularly in relation to road layout, the density of the development, car parking provision and provision of amenity space. All 3 flatted blocks achieve the required 10m separation between rear elevation and rear boundary. In addition, all of the proposed dwellings would be positioned at a sufficient distance from all existing properties to ensure that required window to window distances are met to ensure there are no adverse impacts relating to loss of 38 privacy to any existing properties. The orientation of the proposed houses running east to west through the site and the 2 storey nature of the proposed properties ensures that, as the path of the sun travels east to west through the day, therefore, there would be no overshadowing issues created. The distances between the proposals and existing properties are enough to ensure there is no potential to impact upon daylight levels received into the existing properties. These distances also ensure the reverse does not happen and the proposed properties’ daylight and privacy would not be impacted upon by any existing buildings.

6.7 In terms of design, the site is relatively separate from any existing streetscene and, therefore, there is no obvious vernacular to follow to create a sense of identity within the village. However, it is considered that the scale and proportions of the 2 storey terraces and flatted dwellings are in keeping with the village of Law as a whole and relate to the existing residential dwellinghouses to the east of the site on Castlehill Crescent. The proposed buildings, whilst modern in construction, are designed in a traditional style with pitched roofs and flush gable ends that is also evident throughout the village. The density of the development is considered appropriate and would not result in an urban mass within a village setting. The density of properties served by front and back gardens also mirrors the densities of the surrounding residential areas. The buildings would follow same building line along the proposed access road which provides a sense of identity within the scheme as a whole. The location of the third block of flats in the north east corner of the access roads and its relationship with the gable of the first terrace, creates a gateway into the development which again gives it identity. The location of the underground SuDS infrastructure and pond along the northern boundary, which adjoins the school grounds, ensures that, visually, there is still a sense of openness between the new builds and the school playing fields and beyond. Overall, it is considered that the proposal would have no adverse amenity impact and would comply with SLLDP Policy 4 and with all relevant policy and guidance as set out in associated supplementary guidance and the Residential Design Guide.

6.8 The site is identified as part of the Green Network which, in this location, also includes the grounds of the primary school. SLLDP Policy 14 Green network and greenspace states that any development proposals should safeguard the green network, as identified on the proposals map. The green network is defined as a series of high quality connected greenspace which delivers a range of benefits including supporting placemaking, biodiversity, carbon storage as well as providing areas for leisure activity and enhancing health and quality of life. The SLLDP notes that the green network includes priority greenspace such as sports pitches and parks which are protected from development through the SLLDP but also includes non-priority greenspace such as this site where the green network designation does not preclude development subject to proposals maintaining the existing benefits of the green network. Policy 14 defines the benefits as: • Placemaking • Mitigating greenhouse gases • Supporting biodiversity • Enhancing health and quality of life • Providing water management including flood storage, and buffer strips, • Providing areas for leisure activity, and • Promoting active travel.

6.9 The application site is an informal area of openspace which has a low biodiversity value given it is mainly grassed. There are several mature trees running along the site boundary at Castlehill Crescent, as well as a copse of mature trees just outwith the site boundary at Lawhill Road. A tree survey has been submitted as part of the 39 application which has demonstrated that the proposals would not have a detrimental impact on the existing trees. The proposals show additional tree planting within the site as part of the development which will maintain the site’s sense of place within the local area as well as supporting carbon capture and biodiversity. Currently, the site also provides an informal route into the Primary School from Castlehill Crescent and other residential areas to the east and south of the site. The proposals include a pedestrian footpath leading from the Castlehill Crescent access and then joining the existing route into the school’s playing field on the northern boundary to ensure that this walking route to the school is maintained. The proposals include water management, including a SuDS pond which also helps to contribute to biodiversity through habitat creation. As noted in 6.7 above, the layout comprises a low density which allows for areas of grassed amenity in areas of the site which could provide habitat value similar in nature to that which exists currently. It is also noted that the Law is well served by other areas of formal greenspace, including the playing fields and park to the north of the site. As a result, the loss of this small area of green network would not result in there being a detrimental shortfall in greenspace and a significant limit to leisure activities such as walking etc.

6.10 The site is used for informal recreation and does not contain any facilities. Immediately to the north of the site are the Primary School Playing fields which include a secured all weather pitch. To the north east of the site there is an informal area of open space that is accessed from Castlehill Crescent/ Hyndshaw View which leads to a large playing field which is also publicly accessible open space. Overall, it is considered that this area of Law is well served by public open space. It is, therefore, considered that, on balance, the proposals comply with the relevant criteria of the development plan in this instance.

6.11 Policy 15 ‘Natural and Historic Environment’ sets out a 3 tier category of protected natural and historic designations. Those in category 1 are international designations, category 2 are national designations with category 3 being local designations. There are no category 1, 2 or 3 designations within the site. West of Scotland Archaeological Service (WOSAS) state that there is potential for the site to have archaeological interest and, therefore, whilst they do not object to the proposals, they advise that there is an opportunity for archaeological excavation prior to any construction works. WOSAS, therefore, advise that, should permission be granted, a condition requiring a programme of archaeological works prior to construction should be attached to any permission.

6.12 Policy 15 also requires development to avoid having an adverse impact upon protected species. An extended phase 1 habitat survey has been submitted in support of the proposals. The survey concluded that the majority of the site was found to have limited intrinsic ecological value. The survey noted that the mature trees to the south west of the site had potential to provide roosts for bats. These trees are outwith the application site and would not be affected by the proposals. Tree protection measures would be conditioned to ensure that these trees are not harmed due to any adjacent development. The Phase 1 survey was carried out during the nesting bird season but did not evidence any nesting birds, on the site within any trees on site. Whilst there was no evidence of any nesting birds it is prudent to attach a condition to any permission, if granted, ensuring that no works to trees on site are carried out during the nesting season without a full survey being carried out first. It is, therefore, considered that, subject to the imposition of the aforementioned conditions, the proposals comply with the relevant criteria of the development plan in this instance.

6.13 Policy 16 ‘Travel and Transport’ states that new development must conform to South Lanarkshire’s Guidelines for Development Roads. As part of the planning submission, 40 a speed survey was carried out on Castlehill Crescent which informed swept path analysis of the proposed access. The proposals include 38 on street parking spaces with 3 being designated for disabled drivers. This information has been reviewed by the Council’s Roads and Transportation Development Management Team who are content with the proposals and have no objections to the proposals subject to conditions relating to access, parking, visibility splays as well as construction management. It is, therefore, considered that the proposals would accord with the policy criteria in this instance.

6.14 Policy 17 ‘Water Environment and Flooding’ states that on sites where flooding or surface water may be an issue, development shall be the subject of a local flood risk management assessment. Development will only be supported if suitable flood management can be achieved. Further guidance on flood management and sustainable drainage is also provided within Supplementary Guidance Sustainable Development and Climate Change in Policies SDCC2 – Flood Risk and SDCC 3 – Sustainable Drainage Systems. The application site is not located within an area at risk from flooding on SEPA’s flooding maps. South Lanarkshire Council’s Flood Management Team have no objections to the proposals subject to the use and maintenance of sustainable drainage of surface water throughout the site and that the Council’s documentation required under the terms of design criteria guidance is completed and submitted. The Flooding Team note that there is anecdotal evidence about water collecting at the football pitches to the north of the site. They have, therefore, also requested that on top of the SuDS criteria, in order to ensure the risk of flooding to the application site from the surrounding area is at an acceptable level and that there is no increase in the flood risk levels of the surrounding area from the development, a Flood Risk/Drainage Assessment and Independent Check should be carried out as part of the development. It is, therefore, considered that, subject to conditions relating to the provisions of the SuDS and a Flood Risk/Drainage Assessment being implemented, the proposals accord with the development plan in this instance.

6.15 As noted in Section 5 above, 124 objections have been received in relation to the proposals concerned with the impact the proposals would have on the surrounding amenity of the area, including issues of overlooking, privacy and sunlight and daylight. Objections have been raised that the design is out of character and are inappropriate in terms of scale, massing, materials and density. Other objections are based on the impact the proposals would have on trees and ecology as well as drainage and flooding in the area. The loss of Green Network and a safe route to school have also been raised. It is considered that following the detailed assessment within paragraphs 6.1 to 6.14, the proposals have been considered to meet the required residential criteria in relation to amenity and that the design would be acceptable at this location. The concerns regarding impact of the proposals on trees, ecology and drainage have been addressed through planning conditions as can those regarding the retention of the safe route to school. It is considered that, on balance, the merits of the proposal negate the loss of a small area of Green Network.

6.16 In conclusion, the application site is designated as ‘General Urban Area’ within the SLLDP which supports the principle of housing development subject to meeting Development Management criteria. It is considered that the design of the proposals is acceptable within the location and meets the required guidelines on garden ground, window to window distances, privacy and overshadowing. It is considered that the proposals have been designed to avoid adverse impact on the Green Network designation. An existing access route has been maintained and enhanced by provision of a formal footpath which maintains the site’s sense of place as well as providing access connectivity for leisure and active travel which would contribute to a healthy 41 quality of life. The proposals involve a further phase of the Council’s new housebuilding programme and this is reflected in the inclusion of the site in the Strategic Housing Investment Plan. Overall, the proposals accord with the Development Plan. It is, therefore, considered that the proposals are acceptable and it is recommended planning permission be granted.

7 Reasons for Decision 7.1 The proposals are considered to be acceptable and would not be detrimental to the amenity of the surrounding area or road safety subject to the following conditions. They comply with Policies 1, 4, 6, 15, 16 and 17 of the adopted South Lanarkshire Local Development Plan 2015, Policies DM1 and DM13 of Supplementary Guidance 3: Development Management, Placemaking and Design, Appendix 4.0 of the South Lanarkshire Council Residential Design Guide (2011) and Policies SDCC2 and SDCC3 of Supplementary Guidance1: Sustainable Development and Climate Change.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 29 November 2019

Previous references P/19/1164

List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Proposed South Lanarkshire Development Plan 2 ► Neighbour notification letter dated 22.10.2019

► Consultations Roads Development Management Team 11.11.2019 Environmental Services 25.11.2019 Roads Flood Risk Management 25.11.2019 Arboricultural Services 28.10.2019 WOSAS 24.10.2019 Educ Res School Modernisation Team 19.11.2019

► Representations Dated: Owner/Occupier, 9 Birks Court, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5HZ

Owner/Occupier, 13 Birks Court, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5HZ

Owner/Occupier, 34 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

42 Owner/Occupier, 36 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

Ross McLean, 38 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

Ann Chalmers, 14 Hyndshaw View, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5JX

Owner/Occupier, 38 Castlehill Crescent, Law, Carluke, South Lanarkshire, ML8 5LY

Owner/Occupier, 14 Hyndshaw View, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5JX

Mark Russell, 1 Waterlands Place, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5JY

J McNeil, 42 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

Owner/Occupier, 38 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

George Semple, 30 Mauldslie Drive, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LD

Lewis Alexander, 34 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

Michael Bellew, 18 Mauldslie Drive, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LD

A Alexander, 34 Castlehill Crescent, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5LY

James Probert, Received Via E-mail 14.11.2019

Miss Linzie McLean, 38 Castlehill Crescent, Law, ML8 5LY 14.11.2019

Mr Craig Biggerstaff, 33 Blackhill View, Law, ML8 5JZ 14.11.2019

Mr Brian McArthur, 10 Douglas Street, Carluke, South 02.11.2019 Lanarkshire, ML8 5BH 02.11.2019

Mr Ross Hunter, 13 Blackhill View, Law, Carluke, South 12.11.2019 Lanarkshire, ML8 5JZ 12.11.2019

Miss Suzanne Chalmers, 18 Castlehill Crescent Law Carluke 30.10.2019 South Lanarkshire ML8 5LY

Mrs Mhairi Burnside, 297 main street, Bogside, Ml2 9pp 30.10.2019

Owner-Occupier, 8 Murray Road, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5HR 43

Mary Wallace, 49 Brownlee Road, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5JD

Owner Occupier, 56A Station Road, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5LW

J McDonald, 1 Braefoot Crescent, Law, Carluke, ML8 5SH 06.11.2019 06.11.2019 06.11.2019 H Shanahan, 15 Swan Way, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5HS

V Burrows, 85 Station Road, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5LW

John Wallace, 49 Brownlee Road, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5JD

Waddell, 32 Lawhill Road, Law, Carluke, South Lanarkshire, 06.11.2019 ML8 5JQ

Mrs Shirley Canning, 9 Strath Elgin, Law, Carluke, South 08.11.2019 Lanarkshire, ML8 5LF

Miss Nicole Gracie, 68 Lawhill Road, Law, Carluke, South 08.11.2019 Lanarkshire, ML8 5EZ

David Baird, 1 Weir Place, Law, Carluke, South Lanarkshire, 25.10.2019 ML8 5HP

Mr David Greer, Manse, 53 Lawhill Road, Law, Carluke, 11.11.2019 South Lanarkshire, ML8 5EZ

Miss Tracy Stewart, 10 Manse Court, Law, Carluke, South 03.11.2019 Lanarkshire, ML8 5EE

Miss Claire Semple, 36 Castlehill Crescent, Law, Carluke, 30.10.2019 South Lanarkshire, ML8 5LY 30.10.2019

Miss Linzie Mclean, 38 Castlehill Crescent, Law, Carluke, 07.11.2019 South Lanarkshire, ML8 5LY

Mrs MARY SCOTT, 14 Manse Court, Law, Carluke, South 07.11.2019 Lanarkshire, ML8 5EE

Mrs Louise Christine Hunter, 12 Manse Court, Law, Carluke, 12.11.2019 South Lanarkshire, ML8 5EE 12.11.2019

Mr Christopher Russell, 31 Castlehill Crescent, Law, Carluke, 08.11.2019 South Lanarkshire, ML8 5LY

Mrs Laura Hunter, 13 Blackhill View, Law, Carluke, South 12.11.2019 Lanarkshire, ML8 5JZ 12.11.2019

44 John Boylen, 2 Manse Court, Law, Carluke, ML8 5EE 06.11.2019

Lynette Gray, 8 Strath Naver, Law, Carluke, ML8 5LG 06.11.2019

Jim McIntyre, 2 Strath Elgin, Law, Carluke, ML8 5LF 06.11.2019

A Kane, 39 Bourtree Crescent, Law, Carluke, ML8 5GH 06.11.2019

C McBride, 4 Swan Way, Law, Carluke, ML8 5HS 06.11.2019

Donna Wallace, The Osprey, 38 Lawhill Road, Law, Carluke, 06.11.2019 ML8 5JQ

Linda Hamilton, 4 Manse Court, Law, Carluke, ML8 5EE 06.11.2019

Mrs S Dowling, 94 Lawhill Road, Law, Carluke, ML8 5EZ 06.11.2019

Gillian Lloyd, 13.11.2019

Mr Paul McWilliams, 60 Lawhill Road, Law, Carluke, South 07.11.2019 Lanarkshire, ML8 5EZ

Mr Peter Shaw, 5 Weir Place, Law, Carluke, South 25.10.2019 Lanarkshire, ML8 5HP

Mrs Ruth Paterson, 14 Kirkhope Place, Carluke, South 08.11.2019 Lanarkshire, ML8 5GN

Mrs Linda Sneddon, 17 Birks Court, Law, Carluke, South 08.11.2019 Lanarkshire, ML8 5HZ

Owner - Occupier, 1 Waterlands Place, Law, Carluke, South 14.11.2019 Lanarkshire, ML8 5JY

Carol McIlquham, 15 Birks Court, Law, Carluke, ML8 5HZ 14.11.2019

Owner - Occupier, 86 Burnhall Place, Waterloo, ML2 8EE 14.11.2019

R & L Fraser, 17 Birks CourtLaw, Carluke, ML8 5HZ 14.11.2019

J McGuigan, 6 Birks Court, Law, Carluke, ML8 5HZ 14.11.2019

Miss Vicky Ward, 31 Castlehill Crescent, Law, Carluke, South 08.11.2019 Lanarkshire, ML8 5LY

Mr Craig Biggerstaff, 33 Blackhill View, Law, Carluke, South 30.10.2019 Lanarkshire, ML8 5JZ

Mrs Anne Smithers, 18 Nemphlat Hill, Lanark, South 09.11.2019 Lanarkshire, ML11 7PN

Mrs Ruth O'Rafferty, 14 Griffiths Way, Law, Carluke, South 31.10.2019 Lanarkshire, ML8 5HX

45 Mrs Gillian Paton, 24 Hyndshaw View, Law, Carluke, South 11.11.2019 Lanarkshire, ML8 5JX

Mrs Laura Brown, 19 Castlehill Crescent, Law, Carluke, 12.11.2019 South Lanarkshire, ML8 5LY 12.11.2019

Mr Kenny Wilson, 4 Carmichael Street, Law, Carluke, South 12.11.2019 Lanarkshire, ML8 5JF 12.11.2019 12.11.2019 12.11.2019 Mrs Lynsey Brodie, 5 Blackhill View, Law, Carluke, South 12.11.2019 Lanarkshire, ML8 5JZ 12.11.2019

Miss nicola mccaig, 12 Cedar Gardens, Law, Carluke, South 13.11.2019 Lanarkshire, ML8 5JU 13.11.2019

Mrs Mary Scott, 14 Manse View Court, Law , Carluke, ML8 13.11.2019 5EE

Mrs Lynsey Brodie, 5 Blackhill View, Law, Carluke, ML8 5JZ 13.11.2019

Mrs Linda Inglis, 24 Bourtree Crescent, Law, Carluke, ML8 13.11.2019 5GH

Ms Vickie Nicol, 3 Blackhill View, Law, Carluke, ML8 5JZ 13.11.2019

Mrs Gillian Munn, 20 Braefoot Crescent, Law, Carluke, ML8 13.11.2019 5SH

Miss Tracy Stewart, 10 Manse Court, Law, Carluke, ML8 5EE 13.11.2019

Mr Allan Howieson, 7 Blackhill View, Law, Carluke, ML8 5JZ 13.11.2019

Law Community Trust, Received Via E-mail 13.11.2019

Mrs Margo McLean, 38 Castlehill Crescent, Law, Carluke, 13.11.2019 ML8 5LY

Mrs Katie Hamilton, 23 Hyndshaw View , Law, Carluke, ML8 13.11.2019 5JX

Mrs Cheryl Grierson, 7 Hyndshaw View, Law, Carluke, ML8 13.11.2019 5JX

Ms Vickie Nicol, 3 Blackhill View, Law, Carluke, ML8 5JZ 13.11.2019

Mr Robert Semple, 42 Castlehill Crescent, Law, Carluke, ML8 13.11.2019 5LY

Mrs Irene Stuart, 55 Lawhill Road, Law, Carluke, ML8 5EZ 13.11.2019

Mr Daniel Wilson, 36 Castlehill Crescent, Law, ML8 5LY 13.11.2019

Mr Douglas Ross, 26 Castlehill Crescent, Law, Carluke, ML8 13.11.2019 5LY 46

Mr John Meek, 2 Weir Place, Law, Carluke, ML8 5HP 13.11.2019

Mrs Mhairi Burnside, 297 Main Street, Bogside, ML2 9PP 13.11.2019

Mr Peter Shaw, 5 Weir Place, Law, Carluke, ML8 5HP 13.11.2019

Ms Claire Reilly, 20 Castkehill Crescent, Law, ML8 5LY 13.11.2019

Mrs Sandra Stark, 6 Strath Elgin, Law, ML8 5LF 13.11.2019

Miss Julie Semple, 1 Waterlands Place, Law, ML8 5JY 13.11.2019

Miss Lisa McBride, 8 Swan Way, Law, ML8 5HS 13.11.2019

Mr Christopher Russell, 31 Castlehill Crescent, Law, ML8 13.11.2019 5LY

Thomas And Elizabeth Chalmers, 15 Blackhill View, Law, 13.11.2019 Carluke, ML8 5JZ

Mr Colin Ewing, 31 Hyndshaw View, Law, Carluke, ML8 5JX 13.11.2019

Miss Brenda Shaw, 9 Castlehill Crescent, Law, ML8 5LY 13.11.2019

Miss Claire Semple, 36 Castlehill Crescent, Law, Ml8 5Ly 13.11.2019

Mrs RUTH O'RAFFERTY, Received Via E-mail 13.11.2019

Mrs Gillian Paton, 24 Hyndshaw View, Law, ML8 5JX 13.11.2019

Mrs Donna Wallace, 38 Lawhill Road, Law, Carluke, ML8 13.11.2019 5JQ

Mr William Shaw, 11 Shawfield Crescent, Law, Carluke, ML8 13.11.2019 5JH

Mrs Nicola Kane, 39 Bourtree Crescent, Law, Carluke, ML8 13.11.2019 5GH

Mr Ross Brodie, 5 Blackhill View, Law, Carluke, ML8 5JZ 13.11.2019

Mrs Mary Scott, 14 Manse Court, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5EE

Lynsey Brown, 71 Station Road, Law, Carluke, ML8 5LW 06.11.2019

S Wallace, 38 Lawhill Road, Law , Carluke, ML8 5JQ 06.11.2019

S McCall, 6 Weir Place, Law, Carluke, South Lanarkshire, 06.11.2019 ML8 5HP

C Wallace, 38 Lawhill Road, Law, Carluke, ML8 5JQ 06.11.2019

George Shank, 14 Swan Way, Law, Carluke, ML8 5HS 06.11.2019 47

Julie Shaw, 16 Weir Place, Law, Carluke, South Lanarkshire, 06.11.2019 ML8 5HP

F J Hutton And A Hutton, 11 Swan Way, Law, Carluke, ML8 06.11.2019 5HS

Owner/Occupier, 1 Strath Elgin, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5LF

Helen Reily, 14 Strath Elgin, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5LF

Claire Reilly, Castlehill Crescent, Law, Carluke, South 06.11.2019 Lanarkshire, ML8 5LY,

P Reilly, Strath Elgin, Law, Carluke, South Lanarkshire, ML8 06.11.2019 5LF

Mr And Mrs Melrose, 11 Blackhill View, Law, Carluke, South 13.11.2019 Lanarkshire, ML8 5JZ

Mrs Linda Sneddon, 17 Birks Court, Law, Carluke, ML8 5HZ 13.11.2019

Mrs Laura Jackson, The Haven, Whiteshaw Road, Law, 13.11.2019 Carluke, ML8 5HE

Miss Suzanne Chalmers, 18 Castlehill Crescent, Law, ML8 13.11.2019 5LY

Mrs Lyndsay Allan, 27 St Andrews Drive, Law, ML8 5GB 13.11.2019

Mrs Sara Farrell, 41 Strath Peffer, Law, ML8 5SQ 13.11.2019

Mrs Sandra Jack, 6 Strath Elgin, Law, Carluke, South 13.11.2019 Lanarkshire, ML8 5LF

Mrs Ruth Paterson, 14 Kirkhope Place, Carluke, ML8 5GN 13.11.2019

Owner - Occupier, 6 Manse Court, Law, Carluke, South 13.11.2019 Lanarkshire, ML8 5EE 13.11.2019

Alex & Anne Orr, 4 Hyndshaw View, Law, ML8 5JX 13.11.2019

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 48 Phone: 01698 455903 Email: [email protected]

49 Detailed planning application

Paper apart – Application number: P/19/1578

Conditions and reasons

01. That before any work starts on site, a construction method statement, including Traffic Management Plan, shall be submitted for the written approval of the Council, as Planning Authority. Once approved all construction activities shall be carried out as approved for the duration of all construction on site. For the avoidance of doubt the construction method statement shall include all construction hours and mitigation measures in relation to minimising noise, dust and vibration. The Construction Traffic Management Plan shall also include deliveries and the maintenance of a safe route through the site for pedestrian access to the Primary School from Castlehill Crescent at all times.

In the interests of Residential Amenity and Road Safety.

02. That before any dwellinghouse or flatted dwelling, hereby approved, is occupied, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved by the Council as Planning Authority. Once approved the fences and walls shall be erected and maintained as approved for the lifetime of the development unless otherwise agreed in writing by the Council, as Planning Authority.

Reason: These details have not been submitted or approved.

03. That before any of the dwellinghouses and flatted dwellings, hereby approved, are occupied, details for the storage and collection of refuse within the development shall be submitted to and approved by the Council as Planning Authority. Once approved the details shall be implemented prior to occupation of any dwellinghouse and flatted dwelling and maintained as such for the lifetime of the development, unless otherwise agreed in writing by the Council, as Planning Authority.

Reason: In the interests of amenity and in order to retain effective planning control.

04. That before any work starts on site, details of all external finishes of the dwellinghouses and flatted dwellings, hereby approved, shall be submitted for the written approval of the Council, as Planning Authority. Once approved the external finishes shall be implemented as such and maintained for the lifetime of the development hereby approved.

Reason: In order to define the terms of the consent.

05. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Sustainable Drainage Design and Flood Risk Assessment Criteria and shall include signed appendices as required. 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.

50 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.

06. That no dwellinghouse or flatted dwelling shall be occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards and as approved by the Council as Planning Authority in consultation with Scottish Water as Sewerage Authority.

Reason: To ensure the provision of a satisfactory sewerage system.

07. That before any work commences on the site a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:(a) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (b) details and specification of all trees, shrubs, grass mix, etc. (c) details of any top- soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works.

Once approved the scheme of landscaping shall be implemented fully and maintained as such for the lifetime of the development, hereby approved. For the avoidance of doubt, the landscaping plan shall take account of all mitigation and protection measures as outlined within the Tree Survey and Arboricultural Report (Langton Tree Specialists October 2019) and Extended Phase 1 Habitat Survey (Applied Ecology Ltd June 2019). The tree protection measures shall be carried out for all trees that have roots in or adjacent to the site boundary and does not just apply to trees fully within the site.

Reason: In the interests of the visual amenity of the area.

08. That no vegetation clearance shall be carried out within the bird nesting season (March to August inclusive) unless otherwise agreed in writing with the Council, as Planning Authority.

Reason: In the interests of Protected Species

09. That before any work starts on site, a written scheme of archaeological investigation and programme of archaeological works shall be submitted for the written approval of the Council, as Planning Authority in consultation with WOSAS. Once approved the programme archaeological works shall be implemented fully prior to any other development starting on site.

Reason: In the interests of archaeology

10. That before any dwellinghouse or flatted dwelling, hereby approved, is occupied, visibility splays of 2.5m x 43m to the south west and 2.5m x 25m to the north east shall be created at the approved access and shall be maintained as such for the lifetime of the development hereby approved. Throughout the lifetime of the visibility splays no structure or vegetation shall exceed 900mm in height.

Reason: In the interests of road safety.

51 11. That before any work starts on site, a dilapidation survey of Castlehill Crescent shall be carried out and a resurfacing strategy shall be submitted for the written approval of the Council, as Planning Authority. Following completion of the development, hereby approved but prior to occupation of any residential unit the resurfacing strategy shall be implemented in full.

Reason: In the interests of road safety.

12. That the developer is responsible for any alterations required in connection with the development, hereby approved, to statutory undertaker's apparatus.

Reason: In the interests of road safety.

13. That wheel wash facilities shall be retained on site for the duration of the construction activities relating to the development, hereby approved. Any detritus material carried from the site on to the public road network to be cleared by the applicant on a daily basis. The applicant must ensure that any vehicle transporting excavated material on or off site must be treated by means of adequate wheel washing facilities. This facility will require to be in operation at all times during any earth moving operations. The wheel washing facility must be fully operational prior to any works commencing on site. A "clean zone" should be maintained between the end of the wheel wash facility and the public road. Furthermore, to ensure the road network immediately adjacent to the site is kept clear of mud and debris, the applicant must ensure a road brush motor is made available throughout.

Reason: In the interests of road safety.

14. That during construction all vehicles should be able to access and exit the site in forward gears, therefore a turning area must be provided, in addition sufficient parking should be provided within the site boundary to accommodate all site staff and other operatives' parking requirements and under no circumstance should vehicles associated with the site park on the public road network. A plan showing the turning area and location and number of spaces for site staff / operatives should be submitted for the written approval of the Council before any work starts on site.

Reason: In the interests of road safety.

54 Agenda Item

Report 5

Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/18/0573 Planning proposal: Partial demolition of Birkwood House (Listed building consent)

1 Summary application information [purpose] Application type:• Listed building application • Applicant: Birkwood Estates (In Administration) Location: • Birkwood House New Trows Road Lesmahagow Lanark South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant listed building consent (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Graham Taylor ♦ Council Area/Ward: 04 Clydesdale South ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 15: Natural and Historic Environment

Supplementary Guidance 9: Natural and Historic Environment Policy NHE3: Listed Buildings

Proposed SLDP2 Policy 14: Natural and Historic Environment Policy NHE3: Listed Building

♦ Representation(s):

► 58 Objection Letters ► 0 Support Letters ► 3 Comment Letters

♦ Consultation(s):

Historic Environment Scotland

56 Planning Application Report

1 Application Site 1.1 The application site consists of the remaining structure of Birkwood House, an extensive, Category B listed, castellated gothic country mansion located on the south-western edge of Lesmahagow. The building sits centrally within the grounds of the former Birkwood Estate and was used most recently as a hospital, closing in 2005. It is surrounded by substantial areas of mature woodland, interspersed with pockets of open grassland. The wider Birkwood Estate itself is covered by a blanket Tree Preservation Order and also includes a number of additional listed structures; a driveway bridge over the River Nethan, a walled garden, the South Lodge, a south driveway bridge and the West Lodge.

1.2 The original building on the site, a north facing Georgian villa, is believed to have been constructed in the late 18th/early 19th century and was originally freestanding on the site. At least 2 phases have seen extensive additions made to the original villa, the first being a rubble and ashlar addition, extending southwards from the original property and to the west. This part of the building includes a port-cochere and a substantial bell tower structure. The southern extension was deepened in plan to the west at a later date, before a large wing was added in 1890, built from stugged yellow coursers and polished dressings.

1.3 Records indicate that the Birkwood Estate (House and grounds) was acquired by Lanark County Council in 1920, to be converted initially into an institution for juveniles, and latterly for use as a hospital. This use ceased in 2005, with the site being sold on to a private company. That company went into receivership and the site was sold onto Birkwood Estates Ltd. The 1890 western extension suffered a catastrophic structural failure and collapse in July 2015, resulting in the loss of a substantial part of the building. As a result of this collapse, a temporary scaffold support system was erected on the remaining east wall. Despite this 2015 collapse and following discussions with the Council, works to stabilise the building and to make it wind and watertight were undertaken in the summer of 2016. These works included the removal of all of the roofs and internal floors, the erection of further temporary scaffolding and steel framing, the temporary removal of windows and doors and the erection of a new roof. Due to ongoing financial difficulties, the original applicant for the site, Birkwood Estates Ltd, was formally placed in administration in December 2017. Since then, there have been additional collapses of the external walls of the remaining building.

2 Proposal(s) 2.1 The applicant seeks listed building consent to demolish substantial parts of the property, including the original Georgian villa and the extensions to the west. The detailed plans submitted indicate that the port-cochere and the bell tower parts of the property will be retained on site.

2.2 The submission includes details of measures carried out to market the application site and the wider Birkwood Estate. In summary, the land has now been advertised for sale for a period of over a year (September 2018), with no formal offers being submitted. The applicant’s agent has provided further information with this current application, including a report to justify the proposed demolition of the majority of the existing building. This report concludes the following;

57 1) That all efforts have been made to retain the building; 2) There has been a marked deterioration of the building since 2017; 3) The remaining scaffolding restraint system is compromised by its current condition; 4) An opportunity exists to retain part of the building ie the Bell tower and the port-cocher; 5) The current building is an unsafe working environment; 6) Costs of restoration of the building would make future development unviable; 7) The site has negative value; 8) The site and the surrounding residential land areas have been marketed with no interest shown.

3 Background 3.1 Local Plan Status

3.1.1 The adopted South Lanarkshire Local Development Plan identifies the site as being located within the settlement boundary of Lesmahagow. Policy 15: Natural and Historic Environment of the adopted plan and Policy NHE3: Listed Buildings of the associated Supplementary Guidance 9: Natural and Historic Environment apply.

3.1.2 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. Policies 14 and NHE3 are relevant to the assessment of the current application.

3.2 Relevant Government Advice/Policy 3.2.1 Scottish Planning Policy advises that changes to a listed building should be managed to protect its special interest while enabling it to remain in active use. Where planning permission and listed building consent are sought for development to, or affecting, a listed building, special regard must be given to the importance of preserving and enhancing the building, its setting and any features of special architectural or historic interest. Enabling development may be acceptable where it can be clearly shown to be the only means of preventing the loss of the asset and securing its long-term future.

3.2.2 Demolition of Listed Buildings also requires to be assessed against national policy set out in the Historic Environment Policy for Scotland (HEPS), and the Managing Change guidance on the demolition of listed buildings. This policy and guidance states that every effort should be made to retain a listed building and it is expected that an application for demolition demonstrates that one of the following 4 tests can be satisfied;

a. The building is not of special interest; or b. The building is incapable or repair; or c. The demolition of the building is essential to delivering significant benefits to economic growth or the wider community; or d. The repair of the building is not economically viable and that it has been marketed at a price reflecting its location and condition to potential restoring purchasers for a reasonable period.

58 Test (d) is a two part test. Firstly, it must be shown that the building’s repair is uneconomic. This requires a current market value for the site (historic values or purchase prices are irrelevant). It must then be shown that the repair of the building would result in a ‘conservation deficit’ that cannot be met by other methods e.g. grants. The ability of the site to absorb enabling development can also be explored. The second part of the test involves marketing the building, a vital step to see whether any restoring purchaser can reuse the building without recourse to demolition.

3.3 Planning Background 3.3.1 In 2008, Birkwood House formed part of an application (CL/08/0582) for outline planning permission for a mixed use development comprising of residential uses, along with a hotel with ancillary leisure/conference facilities. The application was granted permission in May 2009 subject to the conclusion of a Section 75 Legal Agreement relating to a programme of restoration works to the listed buildings and their relationship with the phased development of the residential areas. The S75 was not concluded and the applicant, Eatonfield Developments Ltd went into administration. As a result, the application was withdrawn. Subsequently, Planning Permission in Principle CL/14/0413 was granted to Birkwood Estates Ltd in April 2015 for residential development along with the conversion of Birkwood House to a hotel with associated chalets in the Estate. This was subject to a Section 75 agreement to ensure financial contributions to offset the impact of the proposal on local infrastructure are made.

3.3.2 Applications for detailed planning permission and listed building consent were granted in 2016 (CL/16/0122 and CL16/0126) for works to stabilise and protect the fabric of Birkwood House. These were seen as essential first steps in addressing the complex range of works to enable the conversion of the listed building to a hotel. Although not the subject of a planning application, proposals for a 4 storey extension to the property were developed. The intention was to use the original Georgian villa as a spa facility as part of these proposals. Due to financial difficulties, all works on site stopped in June 2017, with the applicant, Birkwood Estates Ltd, being placed in administration in December 2017. The floating charge holder has, thereafter, appointed an administrator for the site.

4 Consultation(s)

4.1 Historic Environment Scotland - originally objected to the application, on the grounds that the information originally submitted fell short of what is expected, and that it raises wider issues for the historic environment. Following the submission of additional marketing information, and numerous discussions with both the Council and the applicant/agent, they have now withdrawn their objection to the application. Notwithstanding this, the proposed substantial demolition of Birkwood would be a significant loss to the heritage of the area, and every effort should be made to keep as much of the building as possible. HES further suggests that there should be a clear commitment to carry out works to the remaining parts of the building to secure them in the long term, and to ensure ongoing maintenance. They also recommend that options for salvage are discussed in detail, and are covered by relevant planning conditions. Response: Noted and agreed, the demolition of a substantial part of the listed building would result in a significant loss to the local heritage of the Lesmahagow area, however, the applicant has clearly demonstrated that they satisfy one of the 4 relevant tests that an application for demolition of a listed building should meet. The suggestion that the applicant provides further details of measures to carry out works

59 to the remaining parts of the building, to ensure future ongoing maintenance and to clarify options for salvage are also noted, and can be the subject of relevant planning conditions, should the Planning Committee agree to grant listed building consent for the partial demolition.

5 Representation(s)

5.1 Following advertisement of the proposal in the local press, 61 letters of representation have been received, and are summarised as follows:

a) The demolition of the listed building would be a devastating loss to the local area. It is of local and national significance and therefore the building should be saved and preserved. Many historic Listed Buildings continue to be seen as ‘liabilities’, and not as the assets they truly are. Further, people do not appreciate what they have until it is gone. Response: The Council concurs with the opinions raised that the demolition of the category B listed building would be a significant loss to the culture and heritage of the local area, and that all measures to seek the retention and reuse of the property should be sought. In this regard, the Council, in association with both the applicant and Historic Environment Scotland, have in recent years sought to protect the historic property, and to seek its retention and incorporation into wider proposals for the Birkwood Estate.

b) The Council should aim to see any redevelopment of the site retain as much of the original property as possible, benefiting the local and wider area by re-using the existing building. The current plans are extreme and Scotland has lost a number of buildings due to mismanagement and neglect of similar buildings and country estates. Response: The Council has sought to work with both the applicant and Historic Environment Scotland to seek retention and reuse of the property. The latest plans and supporting information have been submitted to reflect the fact that the property is in a poor structural condition, raising questions over public safety and the viability of any redevelopment proposals for the site. They do however also seek to retain an important part of the property that dates back to the mid-19th century, namely the port-cochere and the attached bell tower.

c) It is atrocious that the Council did not know what this developer was doing with the building and that it did not take action before the building fell down. Did the Council not inspect the building works periodically? Where was the Health and Safety during this work? Response: Work started on making the building structurally stable in 2016, and was accompanied by extensive retention operations around the building. Unfortunately, for financial reasons, these works ceased, leading to the current situation. The collapse of the tower in the western wing of the property appears to have been the result of a catastrophic structural failure, rather than neglect by the previous owner. After the collapse occurred, the Council’s Building Standards Service immediately took all appropriate action to ensure the site was secured and issues of public safety addressed. The role of the Health and Safety Executive is outwith the remit of the Council.

60 d) It appears that this application has been made to ease the sale of the property in such a way as to avoid the obligation to save the listed building by any new purchaser. There seems to have been little attempt to publicly advertise the property at a price which would promote interest from a new developer. Response: The property has been marketed for over a year now, with no formal offers submitted to date. It is, therefore, considered that attempts have been made to market the Birkwood site (the listed building and the wider estate grounds). The marketing of the site for a reasonable period of time was a prerequisite of the consideration of the current application by both the Council and Historic Environment Scotland. e) The proposals represent a poor piece of tactical neglect which the Council are now having to accept. This should not be allowed if there is any way it can be avoided. Response: The Council considers that all avenues to seek the retention and appropriate reuse of the historic property have been investigated. Following recent marketing, no party has expressed a desire to acquire and redevelop the building. f) Has the planning department questioned the owner as to what his plans are? Has he attempted to sell the property ‘as is’? Response: The applicant for the current application is the administrator for the original purchaser of the property, Birkwood Estates. As stated above, the Council is satisfied that the property has been adequately marketed for an acceptable period of time. g) This application will undoubtedly result in the complete demolition of the Castle and SLC cannot be complicit in this industrial vandalism. Further, the Council should be taking a proactive role in saving Birkwood, seeking out grants and help from other local and national agencies, including lottery funding, insurance or windfarm money. Response: The Council has been actively working over a number of years with both the former land owners, the applicant and Historic Environment Scotland to seek the retention and reuse of the listed building. It is regrettable that no formal offers have been submitted to purchase the building. The Council is not in a position to utilise public money to acquire or repair the privately owned property. h) The children at the nearby Milton Primary School have been learning about local history, and many of them feel strongly about keeping Birkwood. Response: These concerns are noted, however they do not constitute grounds to retain the existing building. As stated above, it is regrettable that no parties have come forward to seek to acquire the property as a result of the marketing exercise. i) The demolition of the building would result in a cultural loss, and the reasons for demolition do not outweigh the historical and cultural losses. In addition, the decision made so far speaks of a lack of care, respect and education on the part of the Council planning department.

61 There is a feeling that Council planning and its statutory policies are being abused, and that such may be financially related. Response: As stated above, the Council concurs with these views over the historical and cultural value of the site. With regard to a perceived lack of care, respect and education, the Council has played an active role in investigating all possible options to retain and preserve the building. The claims made in the final point are serious allegations that are unsubstantiated.

j) The Council should be aware that the demolition of the property has started, despite permission not being granted. Response: The Council is aware that partial demolition of the property has occurred in the past, primarily as a response to the structural failure in the original property in order to make the building safe and retain the remainder to incorporate into a future scheme.

k) Birkwood should have been placed in capable hands and restored to the village, out of the hands of opportunists who have been allowed to asset strip something which should have been of historical value. Put this village on par with villages over Scotland who have been able to use the tourist industry to retain the historical value of their villages. Response: The site, both Birkwood House and the original estate policies, are privately owned and have been marketed for sale, with no offers being submitted. No local groups or local/national bodies have sought to acquire the premises and to date they remain in private ownership.

5.2 These letters has been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions

6.1 The applicant seeks listed building consent to demolish substantial parts of Birkwood House in Lesmahagow a existing category B listed property, retaining the port-cochere and the bell tower parts of the building. The application requires to be assessed against the policies of the adopted South Lanarkshire Local Development Plan, Policy 15: Natural and Historic Environment, the associated supplementary guidance 9: Natural and Historic Environment, and the policies of the emerging South Lanarkshire Local Development Plan 2, policies 14 and NHE3.

6.2 Policy 15 of SLLDP states that the Council will assess all development proposals in terms of their effect on the character and amenity of the natural and built environment. Further, development which would affect category B listed buildings and their setting, following the implementation of any mitigation measures, will only be permitted where there is no significant adverse impact on the protected resource. Policy NHE3: Listed Buildings of the associated Natural and Historic Environment supplementary guidance states that development affecting a listed building or its setting shall, as a first principle, seek to preserve the building and its setting, and any features of special architectural interest which it has. Proposals for the total or substantial demolition of a listed building will only be supported, where it is demonstrated to the satisfaction of the Council, that every effort has been exerted by all concerned to find practical ways of keeping it. This will include the provision

62 of evidence to the Council that the building is incapable of physical repair and re- use, through the submission and verification of a thorough structural report.

6.3 The proposed demolition also requires to be assessed against national policy set out in the Historic Environment Policy for Scotland (HEPS), and the Managing Change guidance on the demolition of listed buildings. This policy and guidance states that every effort should be made to retain a listed building and it is expected that an application for demolition demonstrates that one of the following 4 tests can be satisfied;

Test (d) is a two part test. Firstly, it must be argued that the building’s repair is uneconomic. This requires a current market value for the site (historic values or purchase prices are irrelevant). It must then be argued that the repair of the building would result in a ‘conservation deficit’ that cannot be met by other methods e.g. grants. The ability of the site to absorb enabling development can also be explored. The second part of the test involves marketing the building, a vital step to see whether any restoring purchaser can reuse the building without recourse to demolition.

6.4 Historic Environment Scotland initially objected to the application as they considered that the submitted proposals did not demonstrate that at least one of the 4 tests can be satisfied. They noted that previous marketing had been undertaken, however, this appears to have focused on promoting housing plots in the surrounding estate policies which were the subject of the previous planning permission. Birkwood House, and the adjoining grounds, had not been specifically and formally placed on the open market for a reasonable period of time, and at a price that reflects its location and condition. HES advised that the building and the site should not be marketed separately and that it is the marketing of the building and site itself that is critical rather than marketing an approved scheme (regardless of how desirable that scheme might be). Respective restoring purchasers should be free to decide on their own proposals, provided they retain the building (or an agreed portion of the building). A marketing period of six months is normally chosen although this can be reduced when previous marketing has been undertaken.

6.5 Their most recent consultation request states that they withdraw their initial objection to the application, following the submission of further information, and having had detailed discussions with both the Council and the applicants about the outcome of the marketing process of the building and the site. Their view, and that of the Council, remains that the proposed substantial demolition of Birkwood would be a significant loss to the heritage of the area, and that every effort should be made to keep as much of the building as possible. In considering the proposed demolition against national policy, as set out in the Historic Environment Policy for Scotland (HEPS) and the Managing Change guidance on the demolition of listed buildings, Historic Environment Scotland’s focus has been on the requirement to demonstrate

63 that the retention of the building is not economically viable. They note firstly the contents of the marketing report, and that the further information provided confirms any interest in the building has now lapsed, and also note the deteriorating condition of most of the building and the viability figures provided. These figures suggest a ‘clear and substantial conservation deficit associated with development of the site, including enabling development’. Historic Environment Scotland also accept that the proposals seek to retain the tower and the port-cochere, which would help to preserve the understanding of the site. Finally, if the Council decides to grant consent, Historic Environment Scotland would expect that relevant planning conditions are attached to any approval, to ensure the remaining parts are secured for the long term, and to ensure their ongoing maintenance.

6.6 A number of objections have been made to the application, raising a number of issues. All comments and representations to the current application have been considered, however, none are considered to raise any matters that constitute grounds for refusal of the application.

6.7 In summary, and in view of all of the above, the Council is satisfied that all efforts have been made to retain the property and that the repair of the building is not economically viable. Further, it is considered that it has been adequately demonstrated that the building has been marketed to potential restoring purchasers for a reasonable period. The proposals are, therefore, considered to comply with Policy 15: Natural and Historic Environment of the adopted South Lanarkshire Local Development Plan, Policy NHE3: Listed Buildings of the associated supplementary guidance: Natural and Historic Environment, and with Policies 14: Natural and Historic Environment and Policy NHE3: Listed Buildings of the proposed South Lanarkshire Local Development Plan 2. The proposals are also considered to comply with national policy on the demolition of listed buildings, contained in the Historic Environment Policy for Scotland (HEPS) and the Managing Change guidance on the demolition of listed buildings.

6.8 In view of all of the above it is, therefore, recommended that Listed Building Consent be granted for the partial demolition.

7 Reasons for Decision

7.1 The proposals are considered to comply with Policy 15 of the adopted South Lanarkshire Local Development Plan and with Policy NHE 3 of the Natural and Historic Environment supplementary guidance as the Council is satisfied that it has been adequately demonstrated that the majority of the building is incapable of physical repair and re-use. The proposals are also consistent with the relevant policies of the Proposed South Lanarkshire Local Development Plan 2, namely Policies 14 and NHE 3. Further, there are no additional material considerations which would justify refusing planning permission.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 28 November 2019

64 Previous references  CL/08/0582, CL/14/0413, CL/16/0122, CL/16/0126

List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Proposed South Lanarkshire Development Plan 2 ► Supplementary Guidance 9: Natural and Historic Environment

► Newspaper advert, Lanark Gazette, dated 09.05.2019

► Consultations HES Listed Buildings 05.06.2018 27.11.2019

► Representations Dated: Miss Carol-Anne Muir, 41 Abbeygreen, Lesmahagow, 22.06.2018 Lanark, ML11 0EQ 22.06.2018

Mrs A Taylor, 14 Smithycroft, Hamilton, ML3 7UL 22.06.2018 22.06.2018 Mr James Mckie, 160 Netherton Road, East Kilbride, 22.06.2018 Glasgow, South Lanarkshire, G75 9LB 22.06.2018

Hannah Ridley, 25.06.2018

Ms Alyson Kennedy, 36 Milton, Lesmahagow, Lanark, South 11.06.2018 Lanarkshire, ML11 0DU 11.06.2018

Mr John Hamilton, 7 Milton, Lesmahagow, Lanark, South 11.06.2018 Lanarkshire, ML11 0DU 11.06.2018

Kirstie Hunter, 11.06.2018

Miss Maryellen Mckenzie, 67 birkshaw brae, Gowkthrapple, 18.06.2018 Wishaw, Ml2 0le 18.06.2018

Mr David Allan, 6 Priory Lane, Lesmahagow, Lanark, ML11 19.06.2018 0BX 19.06.2018 19.06.2018 Mr Mark Knight, Rec Via E-mail 06.06.2018

Mr Thomas Kelly, 12 Broompark Drive, Lesmahagow, 28.05.2018 Lanark, South Lanarkshire, ML11 0DH 28.05.2018

Mrs Kirstie Hunter, 34 Priory Lane, Lesmahagow, Lanark, 11.06.2018 ML11 0BX 11.06.2018

David Brown, Received Via E-mail 11.06.2018

Leanne Templeton, 11.06.2018

Gordon W Mason, Received Via E-mail 11.06.2018

Ishbel Stevenson, Received Via E-mail 11.06.2018

Lisa Wallace, Via Email 18.06.2018

Darcie Scholes, Via Email 13.06.2018

Chris Ladds, Via Email 19.06.2018

Ms Carolyn Craig, 18 Grant Street, West Calder, EH55 8AG 21.09.2018 21.09.2018 21.09.2018 21.09.2018 Patrick Lavelle, 36 Milton, Lesmahagow, ML11 0DU 14.06.2018

Mrs Gale McCallum, 14.06.2018

C A Drennan, 14.06.2018

Catherine Lee, 14.06.2018

Emma Muir, 24 Bankhead Road, Lesmahagow, ML11 0BQ 15.06.2018

Julian Hodgson, 16 Dukes Walk, Blackwood, Lanark, ML11 19.06.2018 9AS

E Pannullo, 25.06.2018

Alan Calderwood, 25.06.2018

Ann Watson, Received Via E-mail 26.06.2018

Christine Wallace, Via Email 31.05.2018

Mr Michael O'Shea, 8 Riverside Road, Kirkfieldbank, Lanark, 18.06.2018 South Lanarkshire, ML11 9JS 18.06.2018

Christine Wallace, Via E-mail 05.06.2018

Michelle Pugh, Via Email 07.06.2018

Matt Ridley, Via Email 07.06.2018

Mr David Affleck, 25 Dillarsview, Lesmahagow, Lanark, South 11.06.2018 Lanarkshire, ML11 0FD 11.06.2018

Lorna Whitefield, Via Email 13.06.2018

Mrs Marion Hamilton, Received Via E-mail 22.06.2018

66 Jean Veitch, Received Via E-mail 22.06.2018

Jean Veitch, Received Via E-mail 22.06.2018

Hazel McKenna, Received Via E-mail 22.06.2018

Elaine Douglas-Coley, 25.06.2018

Timothy James, Via E-mail 06.06.2018

Mr Derek Palmer, 13.06.2018

Mr Mike Taylor, 13.06.2018

Grace Ridley, 13.06.2018

Mr George Martin Lloyd, 13.06.2018

Mollie Kingsley, 13.06.2018

Mr George Lloyd, 13.06.2018

Deborah Miller, 13.06.2018

Mr James MacIntyre, 206 New Trows Road, Lesmahagow, 13.06.2018 ML11 0JS

Mrs Elizabeth Mcintosh, 3 Hyndford Grange, Hyndford 22.06.2018 Bridge, Lanark, ML11 8SF 22.06.2018

Violet White, 11.06.2018

Donna Wallace, Via E-mail 12.06.2018

Dianne Clifton, Via E-mail 12.06.2018

Ryan Montgomery, 21.06.2018

H Sinclair, Via Email 18.06.2018

Mr David Allan, 6 Priory Lane, Lesmahagow, ML11 0BX 20.06.2018

Mrs Donna Ralston, Machanhill House, 2 Machanhill, 20.06.2018 Larkhall, ML9 2HG

Mrs Harriet McLean, Bridgeholm, New Trows Road, 22.06.2018 Lesmahagow , Lanark, , ML11 0JS 22.06.2018

Mrs Margaret Dickson, 4 Hillcrest, Lesmahagow, Lanark, 14.06.2018 ML11 0BW 14.06.2018

Birgit Thorya De-Schuster, 06.11.2018

Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Stuart Ramsay, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 01698 453601 Email: [email protected]

Detailed planning application

Paper apart – Application number: P/18/0573

Conditions and reasons

01. That before commencement of the stage of demolition works relating to the separation of the physical connection between the port-cochere, the bell tower and the remaining building, further details/plans shall be submitted which illustrate measures to protect the areas of the building it is proposed to retain (the port- cochere and the bell tower). These measures shall include details of any infill and repair works required to the remaining buildings, together with details of an appropriate secure boundary fence to prevent unauthorised access to the premises. No work shall commence on this part of the demolition until these details have been agreed in writing with the Council as Planning Authority, and the works shall thereafter be implemented in accordance with the approved further details/plans, under the supervision of a suitably qualified structural engineer.

Reason: In order to retain effective planning control.

02. That prior to the commencement of any demolition works, a method statement detailing the process of the demolition and dismantling of the areas of the building it is proposed to remove (including phasing) shall be submitted to and approved in writing by the Council as Planning Authority. The approved method statement shall thereafter be implemented and overseen by a suitably qualified structural engineer, all to the satisfaction of the Council as Planning Authority.

Reason: In order to retain effective planning control.

03. That prior to the commencement of any further demolition works, the applicant shall agree in writing with the Council as Planning Authority, a schedule of any materials and architectural items/features to be salvaged, together with appropriate measures to recover and retain these items.

Reason: In order to retain effective planning control.

04. On completion of the works referred to under the terms of condition 1 above, further details of measures to secure the long term retention and ongoing maintenance of the remaining parts of the building shall be submitted for the written approval of the Council as Planning Authority, in consultation with Historic Environment Scotland.

Reason: To ensure the remaining parts of the building are adequately retained and protected.

70 Agenda Item

Report 6

Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1405 Planning proposal: Erection of extensions to care home, associated alterations including access ramps, landscaping, 2.4 metre high fencing and erection of garden summer house.

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Cygnet Health Care Location: • Duchess Nina Care Home 13 Limekilnburn Road Quarter Hamilton ML3 7XA [1p 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Cameron Hirst ♦ Council Area/Ward: 20 Larkhall ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 4 - Development Management and Placemaking Policy 6 - General Urban Area/Settlements Proposed South Lanarkshire Development Plan 2 (2018) Policy 3 - General Urban Areas

71 Policy 5 - Development Management and Placemaking

♦ Representation(s):

► 22 Objection Letters ► 0 Support Letters ► 0 Comment Letters

♦ Consultation(s):

Environmental Services

Social Work Resources Registration and Inspection Unit

Roads Development Management Team

Care Inspectorate

Planning Application Report

1 Application Site 1.1 This application relates to The Duchess Nina Care Home, which is located at 13 Limekilnburn Road, Quarter. The site accommodates a care home which has operated at this location for a number of years.

1.2 The existing care home building is a traditional two storey detached building which contains 20 bedrooms. It has been extended through the addition of single storey elements at the rear of the building. The property contains garden ground and an area for car parking. The site is situated in an established residential area and is enclosed to the north by Limekilnburn Road and further by residential properties. To the east there is Quarter Bowling Club and to the south an area of open space. In addition, the site is enclosed to the west by two semi-detached residential properties and the school grounds associated with Quarter Primary School which was redeveloped in 2011.

2 Proposal(s) 2.1 The applicant seeks detailed planning permission to extend the care home and for associated alterations including access ramps, landscaping, 2.4 metre high fencing and a garden summer house. The internal changes will result in the number of bedrooms being reduced from 20 to 16. The proposal seeks to formalise and improve the parking through the provision of up to 9 off street car parking spaces and an improved turning area.

2.2 The applicant’s agent has submitted a planning statement in support of the application. It advises that the proposed changes include external and internal alterations, mainly consisting of renovation and amendments to the internal layout, a small extension to the front elevation to provide an improved entrance, a small extension to the eastern elevation to improve bedroom space, and the formalisation of car parking at the rear of the property. As part of the enhancements to the rear garden, the proposal also includes provision of a summer house in the rear corner of the garden (approximately 18 square metres) for the amenity of residents. The proposal also incorporates the erection of a 2.4-metre high vertical close boarded fence within the hedge line in order to provide a secure and enhanced garden area.

2.3 It should be noted that under the 1997 Use Class Order Scotland, the existing care home is a Class 8 ‘Residential Institution’ use. Essentially, the proposal seeks to improve and rejuvenate the property to continue the long established care use at the site.

3 Background 3.1 Local Plan Status

3.1.1 With regard to the South Lanarkshire Local Development Plan (adopted 2015), the site falls within the general urban area where Policy 6 – General urban area/settlements applies. Policy 4 – Development Management and Placemaking is also of relevance to the proposal. In addition, the guidance contained within the supplementary guidance document relating to development management, placemaking and design is of relevance to the proposed development.

73 3.1.2 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance, Policy 3 - General urban areas and settlements, Policy 5 - Development management and placemaking are of relevance to the proposed development.

3.2 Relevant Government Advice/Policy 3.2.1 Given the nature and scale of the proposed extension there is no specific government guidance relative to the determination of this application.

3.3 Planning Background 3.3.1 Planning consent (HM/14/0335) was granted for the erection of an upper storey rear extension to the existing nursing home in 2014.

4 Consultation(s) 4.1 Environmental Services – No objection. Response: Noted.

4.2 Roads Development Management Team – No objection subject to the imposition of planning conditions relating to parking, access, footway resurfacing and drainage. Response: The imposition of planning conditions will address any matters raised.

4.3 Social Work Resources Registration And Inspection Unit – no response to date. Response: Noted.

4.4 Care Inspectorate – no response to date. Response: Noted.

5 Representation(s) 5.1 Statutory neighbour notification procedures were undertaken in respect of the proposal. In response, twenty two objections were received including one from Councillor Nelson.

5.2 The grounds of objection are summarised as follows: -

(a) Concerns that the proposed use of the care home is inappropriate next to a school and nursery and in the quiet rural village of Quarter which is predominately a residential area with few community facilities. The proposed 2.4 metre fence suggests that future patients require a level of security to protect them and residents of Quarter. There is a lack of knowledge on the type of patients and the potential safety and social impact. Have risk assessments being undertaken by Education and will the school be safe for children. No thought has been given to the residents of the village and no thought or consultation has been given to the general community of Quarter. Why has a decision been made without any prior consultation with the local community?

Response: Under the 1997 Use Class Order Scotland, the existing care home is a Class 8 ‘Residential Institution’ use. Essentially the facility is a continuation of a long

74 established care use at the site. The current planning application proposal does not involve a change of use and from a planning perspective, the assessment that requires to be undertaken relates to the suitability of the proposed alterations to the existing care home and additional works including access ramps, landscaping, 2.4 metre high fencing and the erection of a garden summer house.

Statutory neighbour notification was undertaken, however no further community consultation was required. Additionally, no risk assessments are required in order to support or assess the planning application. It is understood that the applicant did engage in some ‘community meetings’ in conjunction with local members after the planning application was submitted, however the Council’s Planning Service had no involvement in these meetings.

(b) Quarter’s infrastructure cannot cope with the traffic this unit would generate. There are insufficient parking facilities already on this road with the school and nursery and the parking suggested on the planning application is utterly inadequate and would exacerbate the ongoing issues and be detrimental to the safety of children and others. Loading/unloading and turning would add to the chaos potentially leading to road traffic accidents. It would also be prudent to consider the additional 100 houses to be erected in Quarter. Response: The proposed internal changes will result in the number of bedrooms being reduced in the existing care home from 20 to 16. It is considered that the continued use of the property with a reduction in the number of bedrooms is likely to reduce both the numbers of residents and staff who could use the facility. As detailed in Section 4 of the report, Roads and Transportation Services have no objection to the proposal. It should also be noted that the planning application (P/19/1206) for permission in principle for a residential development in Quarter is pending consideration and is not relevant to the assessment of the current planning application.

(c) The proposed 2.4 metre fence will be viewed by everyone coming into the village, it will be ugly and detrimental to the appearance of the village, intimidating and detrimental to the mental health of nursery/primary school children. Is this fence there to keep people inside or to keep us in the village from harm? Other residents would not be allowed this and it will create an undesirable precedent. Response: The submitted planning statement comments that the proposed 2.4- meter vertical close boarded fence will surround the perimeter of a secure, enhanced garden area adjacent to the residential home to provide an additional private amenity space for residents. It is noted that the proposed fence will be located behind the front building line of the property to enclose a garden area which is not unusual in a residential area and it is considered that, on balance, it would not result in a significant adverse impact on amenity.

(d) The proposed extension and alterations to the building will move it away from the original design and devalue the historic character and appearance. Response: It is noted that the site relates to a traditional detached building, however, it is not located in a conservation area or other recognised environmentally sensitive location. It is considered that the proposed alterations will be sympathetic to the existing care home and will not have a negative impact on the visual amenity of neighbouring properties and the local environment. The imposition of a planning

75 condition, should consent be granted, would ensure that, before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved in writing by the Council as Planning Authority.

(e) Lack of privacy/overlooking of school. Response: It is considered that the proposed extensions/alterations will not result in a significant loss of privacy to neighbouring uses that would merit refusal of the planning application.

(f) Potential noise, inconvenience, trauma and disturbances to the detriment of school children and the residents of Quarter. Response: As with any development, there will be a degree of disruption during construction. However, the possibility of temporary inconvenience is not sufficient grounds to justify the refusal of planning consent. Whilst it is not anticipated that noise nuisance/disturbances would occur once the development is complete, any noise issues that arise would be a matter for Environmental Services to address.

(g) Devaluation of neighbouring residential properties. Response: Potential loss of value to a property does not constitute a material planning consideration in the assessment of a planning application.

(h) Objector was not made aware of the plans until 2 business days before the closing date for objections. Response: Statutory neighbour notification procedures were undertaken and 22 letters of objection have been received as a result. All letters of representation are taken into account up to the point where a decision is made and it is considered that there has been sufficient time for objections to be submitted.

(i) Various concerns raised relating to carer qualifications, whether the applicant notified education, the applicant’s decision to locate to this site and internet reports on their care standards, the school use of a garden area. Response: These concerns do not constitute material planning considerations in the assessment of this planning application.

(j) The current proposal reduces capacity of planning consent HM/14/0335 however this application was not scrutinised by the planning committee. Response: Detailed planning permission (HM/14/0335) was granted for the erection of an upper floor rear extension to this property resulting in the nursing home containing 20 bedrooms. This was determined under delegated powers in 2014. It is well established that every planning application must be assessed on its own merits.

5.3 The letters of objection have been copied and are available for inspection in the usual manner and on the Planning Portal.

6 Assessment and Conclusions 6.1 The applicant seeks detailed planning consent for the erection of extensions to care home, associated alterations including access ramps, landscaping, 2.4 metre high fencing and erection of garden summer house at The Duchess Nina Care Home, 13 Limekilnburn Road, Quarter. The determining issues in the assessment of this

76 application are its compliance with local development plan policy as well as its impact on surrounding amenity. Under the terms of 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. In this case, the development plan framework against which the proposal requires to be assessed is the South Lanarkshire Local Development Plan (adopted 2015), its associated supplementary guidance and the Proposed South Lanarkshire Local Development Plan 2 (2018).

6.2 With regard to adopted planning policy as set out in the South Lanarkshire Local Development Plan (adopted 2015), Policy 4 – Development management and placemaking requires all proposals to take account of and be integrated with the local context and built form. The policy advises that proposed developments should not have any significant adverse impact on adjacent buildings or the surrounding streetscape in terms of layout, scale, massing, design, materials or amenity. In addition, Policy 6 – General urban area/settlements is also of relevance and states that, while the principle of residential developments will be supported within the general urban area, ‘bad neighbour’ developments will not be permitted if they are detrimental to the amenity of existing residents.

6.3 It is considered that the proposed extensions and alterations to the existing care home from a land use perspective raise no issue. In relation to policies 4 and 6 of the South Lanarkshire Local Development Plan and DM2 of the Development Management, Place Making and Design Supplementary Guidance it is noted that:

• It is considered that the proposed extensions and associated works will be sympathetic to the existing care home and will not have a negative impact on the visual quality and amenity of neighbouring properties and the local environment. The imposition of a planning condition, should consent be granted, would ensure that, before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority.

• Given the position of the existing dwellings and the proposed extensions, along with the travel path of the sun, it is considered that there will not be a significant or material impact in terms of overshadowing/loss of sunlight/daylight. In addition, it is considered that the proposal will not result in a material loss of privacy that would merit refusal of the application.

• As detailed previously, the current planning application is not for a change of use and, therefore, how the applicant proposes to continue the operation of a long established care use at the site is not relevant to the assessment of this planning application.

6.4 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted

77 South Lanarkshire Local Development Plan. It is considered that the proposal accords with Policies 3 and 5 contained in the proposed plan.

6.5 Statutory neighbour notification was undertaken and 22 letters of objection have been received. The points of representation have been summarised in Section 5 above. It is considered that the concerns raised, either individually or collectively, are not of sufficient weight or merit from a planning perspective that could justify the refusal of consent.

6.6 In conclusion, following detailed consideration of the proposed extension as set out above, it has been determined that the proposal complies with Policies 4 and 6 of the South Lanarkshire Local Development Plan (adopted 2015). The proposal is also considered to be compliant with the relevant policies of the Proposed South Lanarkshire Local Development Plan 2, specifically Policies 3 and 5. It is, therefore, recommended that planning permission is granted.

7 Reasons for Decision 7.1 The proposal would have no significant adverse impact on amenity and complies with the relevant policies of the adopted South Lanarkshire Local Development Plan and Supplementary Guidance (Policies 4 and 6) as well as the Proposed South Lanarkshire Local Development Plan 2 (Policies 3 and 5). There are no additional material considerations which would justify refusing consent.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 28 November 2019

Previous references

 HM/14/0335

List of background papers

► Application form ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Proposed South Lanarkshire Development Plan 2 ► Neighbour notification letter dated 7 October 2019 ► Planning statement dated September 2019

► Consultations

Environmental Services 23.10.2019 Roads Development Management Team 11.11.2019

► Representations Dated:

78 Mr Ronald Whitelock, 14 Merrick Gardens, Quarter, Hamilton, 23.10.2019 ML3 7XS

Mr Thomas Reid, 36 Limekilnburn Road, Quarter, Hamilton, 24.10.2019 South Lanarkshire, ML3 7XA

Hugh Neill, By Email 24.10.2019

Mrs Julie Baxendale, 70 Limekilnburn Road, Quarter, 23.10.2019 Hamilton, ML3 7XA

Mr Garry Campbell, 10 Limekilnburn Road, Quarter, 23.10.2019 Hamilton, South Lanarkshire, ML3 7XA

Mr Chris Baxendale, 70 Limekilnburn Road, Quarter, 25.10.2019 Hamilton, South Lanarkshire, ML3 7XA

Mrs Susan Frame, Craigendhill Farm, Muttonhole Road, 22.10.2019 Hamilton, South Lanarkshire, ML3 8RX

Mr Derek Ramage, 7 Larch Way, Quarter, Hamilton, South 28.10.2019 Lanarkshire, ML3 7FH

Mr Andrew McKitting, Burnbrae Bungalow, Limekilnburn 24.10.2019 Road, Limekilnburn Hamilton, South Lanarkshire, ML3 7XG

Norman And Nan Bartlett, 2 Darngaber Gardens, Quarter, 28.10.2019 Hamilton, South Lanarkshire, ML3 7XX

Mr John Roden, 6 Denholm Gardens, Quarter, Hamilton, 07.11.2019 South Lanarkshire, ML3 7XY

Mr Barry burns, 6 Silverbirch Gardens, Limekilnburn Road, 24.10.2019 Quarter, Hamilton, South Lanarkshire, ML3 7YN

Mr Grant Macnamara, 7 Silverbirch Gardens, Limekilnburn 23.10.2019 Road, Quarter, Hamilton, South Lanarkshire, ML3 7YN

Mrs Lynsey Duncanson, 171 Limekilnburn Road, 22.10.2019 Limekilnburn, Hamilton, South Lanarkshire, ML3 7XB

Mr William Collins, 15 Darngaber Gardens, Quarter, 23.10.2019 Hamilton, ML3 7XX

Fiona Reid, Received Via E-mail 23.10.2019

Mrs Mary McDonald, 6 Silverbirch Grove, Quarter, Hamilton, 24.10.2019 South Lanarkshire, ML3 7XZ

Mr David Cheetham, 331 Strathaven Road, Limekilnburn, 04.11.2019 Hamilton, South Lanarkshire, ML3 7XW

79 Mr Aiden McNaughton, 4 Silverbirch Grove, Quarter, 24.10.2019 Hamilton, South Lanarkshire, ML3 7XZ

Mrs Amanda burns, 6 Silverbirch Gardens, Limekilnburn 24.10.2019 Road, Quarter Hamilton, South Lanarkshire, ML3 7YN

Mrs Valerie Dearie, 6 Darngaber Gardens, Quarter, ML3 7XX 04.11.2019

Councillor Richard Nelson, 25.10.2019

Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Murray Reid, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 01698 453625 Email: [email protected]

80 Detailed planning application

Paper apart – Application number: P/19/1405

Conditions and reasons

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

02. That before the development hereby approved is completed and brought into use and notwithstanding the approved drawing (reference 90(002) Rev J), an amended plan indicating up to 3 additional car parking spaces shall be submitted for the written approval of the Council as Roads and Planning Authority.

Reason: In the interests of traffic and public safety.

03. That before the development hereby approved is completed and brought into use, the proposed vehicle access, parking and turning area for which the permission of the Council as Planning Authority has been obtained under the terms of Condition 2 above shall be constructed in accordance with the approved specification of the Council as Roads and Planning Authority.

Reason: In the interests of traffic and public safety.

04. That the proposed fencing shall be constructed in accordance with the specifications detailed in drawing number 90(002) Rev J.

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

82 Agenda Item

Report 7

Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1598 Planning proposal: Creation of fenced allotment site comprising 12 raised beds and up to 70 allotment plots in total, including associated hardstanding, suds pond, landscaping and composting areas with associated access and parking.

1 Summary application information [purpose] Application type:• Detailed planning application Applicant: • South Lanarkshire Council Location: • Lammermoor Recreation Area Kenilworth East Kilbride Glasgow South Lanarkshire

2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information Applicant’s Agent: ♦ Council Area/Ward: 10 East Kilbride East ♦ Policy Reference(s): South Lanarkshire Local Development Plan ♦ (adopted 2015)

Policy 2 – Climate change Policy 4 – Development Management and Place Making Policy 14 – Green network and greenspace Policy 15 – Natural and historic environment Policy 17 - Water environment and flooding

Supplementary Guidance

83 Green Network and Greenspaces Development Management Place Making and Design

South Lanarkshire Local Development Plan 2 (Proposed Plan 2018)

Policy 1 – Spatial Strategy Policy 2 – Climate Change Policy 5 - Development Management and Placemaking Policy 13 – Green Network and Greenspace Policy 14 – Natural and Historic Environments Policy 16 - Water Environment and Flooding Policy SDCC2 – Flood Risk Policy NHE12 – Water Environment and Biodiversity

Representation(s): ♦

► 12 Objection Letters ► 0 Support Letters ► 0 Comment Letters

Consultation(s): ♦

Roads Development Management Team

Environmental Services

Roads Flood Risk Management

WOSAS

CER Simon Pilpel

St Leonards Community Council

Calderglen Heritage

Planning Application Report

1 Application Site 1.1 The application site is Lammermoor recreation area, located within the Calderglen area of East Kilbride. The site primarily consists of mown grass with an area of trees immediately to the east of the site and an area of ancient, semi-natural woodland further east which forms part of the Rotten Calder river valley running north to south close to the edge of East Kilbride. A further area of trees is located to the north of the site and Allers allotments and Allers sewage works beyond. The proposed allotment site is situated at the north-east side of the recreation area with a number of residential properties bounding the south and west of the park. The area of hardstanding at the north west of the site which previously was occupied by a Council building, also forms part of the application site. The proposed access into the site is from Kenilworth to the north west of the site which will lead into the area of hardstanding proposed to form a car park.

2 Proposal(s) 2.1 This planning application relates to the development of land within an area of greenspace for use as allotments and associated facilities. The proposal is for the formation of up to 70 allotment plots, 12 raised beds, associated hardstanding, suds pond, landscaping and composting areas with associated paths, fencing and drainage works. It also includes the formation of a new vehicular access into the site via Kenilworth which is a single lane with passing place. The proposed perimeter fencing and gated access is to be 1.8m high metal weldmesh fencing, coloured black. A total of 25 parking spaces is proposed in the area of the existing hard standing, immediately adjacent to the proposed allotments.

2.2 In addition, the proposal also involves the removal of a single slide, and associated foundations. The slide will be relocated outwith the application site boundary. Two small trees also require to be removed within the central part of the application site and a relatively small area of trees and shrubs is to be cut back on the eastern boundary.

3 Background

3.1 Local Plan Status 3.1.1 In land use terms, the site lies within an area designated as Priority Greenspace and Green Network where Policy 14 (Green network and greenspace) of the South Lanarkshire Local Development Plan 2015 (SLLDP) applies. In addition, supplementary guidance 8 (Green Network and Greenspace) is applicable in terms of the provision of further guidance on these matters. In addition to the above land use designation, Policy 2 (Climate change), Policy 4 (Development management and placemaking), Policy 15 (Natural and historic environment) and Policy 17 (Water environment and flooding) are relevant to the assessment of this proposal.

85 Local Development Plan 2 (SLLDP2) is now a material consideration. In this instance, the following policies are relevant:

• Policy 1 – Spatial Strategy • Policy 2 – Climate Change • Policy 5 - Development Management and Placemaking • Policy 13 – Green Network and Greenspace • Policy 14 – Natural and Historic Environments • Policy 16 - Water Environment and Flooding • Policy SDCC2 – Flood Risk • Policy NHE12 – Water Environment and Biodiversity

3.2 Relevant Government Advice/Policy 3.2.1 Relevant Government guidance is set out within the consolidated Scottish Planning Policy (SPP) 2014 and National Planning Framework 3 (NPF3). NPF3 aims to create high quality, vibrant and sustainable places with living environments that foster better health and reduce spatial inequalities in well-being. SPP introduces a presumption in favour of development that contributes to sustainable development. Further, in terms of valuing the natural environment, the planning system plays an important role in protecting, enhancing and promoting access to our key environmental resources, while supporting sustainable use.

3.3 Planning Background 3.3.1 A previous planning application was submitted for a similar proposal for this site under application number P/19/0135. This proposal included an access from the south of the site through the park. This application was considered by the Planning Committee on 11 June 2019, however, was deferred to enable further background information to be provided by the applicant. The application was subsequently withdrawn by the applicant and the current application lodged for a revised proposal.

4 Consultation(s)

4.1 Environmental Services– no objections to the proposal subject to an advisory note in relation to noise. Response: Noted; any permission granted can include an appropriate advisory note.

4.2 Roads and Transportation (Development Management) – no objections to the proposal as additional information in relation to the access from Kenilworth has been submitted. Response: Noted.

4.3 Roads and Transportation (Flooding section) - no objections subject to the applicants satisfying the Council’s design criteria and conditions relating to Sustainable Urban Drainage Systems and flood risk. Response: Noted, any permission granted can include appropriate conditions.

4.4 West of Scotland Archaeology Service (WOSAS) – no objections subject to the attachment of a condition requiring the applicant to secure the implementation of a programme of archaeological works. Response: Noted, any permission granted can include appropriate conditions.

86 4.5 Countryside and Greenspace – no objections to the proposal and advise it is in line with the Council’s sustainability policies in relation to community development, climate change and reducing carbon emissions by encouraging local food growing and supporting the development of sustainable communities. Response: Noted.

4.6 St Leonards Community Council – no response received to date. Response: Noted.

4.7 Calderglen Heritage – Object to the proposal and considers the proposed development does not contribute to the Green network in that it would enclose fencing and restrict movement of fauna throughout the site. Whilst it is noted that the development proposes to increase diversity through increased variety of plant species, this does not contribute to the green network and does not meet with planning guidance. Allotments can lead to the growing of exotic species which are unregulated and can result in the spread of invasive species. The proposal does not mitigate the presence of badgers living adjacent to the site or the peregrine falcon nesting to the east of the site. The proposed development offers no compensation for the loss of greenspace or propose any improvements to Lammermoor recreation area or Calderglen next to it. An access path leading into Calderglen will also be removed by the proposal. The boulders within the park will be moved within the fenced allotment thereby only accessible by allotment users. The proposal does not include suitable landscaping. The proposed drainage does not consider the effects upon the core path and no mitigation is in place. Concerns raised in relation to the ability of the attenuation system to protect the Rotten Calder Water from pollution which has implications for users of the water such as wildlife and EK Angling Club. A number of mitigation measures are suggested in relation to the SUDS system, protection of the core path adjacent to the site, boulders kept within the public area of the park, an archaeological watching brief condition attached, segregation of the access into the site from the footpath adjacent to it, screening of west and south boundaries, retention of the unmapped path leading from the proposed SUDS pond to the Core path, improvements to damaged parts of the park as compensatory measures. Response: In terms of biodiversity, the application site consists primarily of mown grass, which has very little ecological or biodiversity value. In respect of the proposed drainage arrangements and pond, the applicant has advised that the proposals will offer the opportunity for improved biodiversity and environmental education to allotment holders and the wider community. In terms of the presence of badgers and the peregrine falcon said to nest adjacent to the site, it is not considered that the proposed allotment site will have an impact on these and, as such, no wildlife surveys are required in this instance. Given the nature of this proposed use and that there would still be 90% of the park remaining as greenspace, compensatory provision is not considered necessary in this instance. However not withstanding this, a landscaping plan has been submitted by the applicant showing additional planting to the south of the site. In addition, it is considered the boulders would be most suitably incorporated within the site boundary. The unmapped path is not a formal path, however, the formal path to Calderglen will be retained. The proposed mitigation measures are noted.

5 Representation(s) 5.1 In addition to the statutory neighbour notification undertaken by the Council, the application was also advertised in the East Kilbride News for non-notification of

87 neighbours. 12 representations have been received, the points of which are summarised below: a) The plan does not show the path to Calderglen from Kenilworth. Additionally, the proposed access road is cutting off the existing footpath; this will cause issues from wheelchair and pram users of the park. Response: The formalised pathways throughout Lammermoor recreation area are to be maintained. In terms of the pathway at the access, Roads and Transportation Services, who have been consulted on this application, requested further information on the detail and are now satisfied that the site can be safely accessed by both vehicular and pedestrian traffic and will allow access to all users. b) The proposals will result in the loss of greenspace, many trees and an attractive landscape thereby spoiling the biodiversity of the area and resulting in environmental damage. Lammermoor is a well-used green space and there is no compensatory provision as part of this proposal. Response: The proposal requires the removal of two small trees within the centre of the application site and a small area of trees and shrubs are to be cut back on the eastern boundary. As such, it is not considered this will have a negative impact on the landscape. In terms of biodiversity, it is noted that the application site consists primarily of mown grass, which has very little ecological or biodiversity value. It is, therefore, not considered there will be environmental damage as a result of this development. In terms of loss of greenspace, the proposed allotment site relates to a small area within Lammermoor recreation area. As such, approximately 90% of the park will still remain as open space, therefore, there is no requirement in this case for compensatory provision. c) Objection to the removal of boulders as they could be of historical significance. Response: The applicant proposes to remove the boulders and re-use at the perimeter to the SUDS pond. West of Scotland Archaeology Service have been consulted as part of this proposal and have raised no specific objections, however, have requested the implementation of a programme of archaeological works. As such, any consent granted will include an appropriate condition. d) Objection to 24 parking spaces for 70 allotments. Residents in Kenilworth will be disadvantaged by increased traffic using this road to access the site. Response: Roads and Transportation Services are satisfied that adequate parking is proposed for the allotment use and have raised no objections regarding the associated traffic. e) Residents have not been informed of the proposal; this should have been subject to public consultation. Response: The statutory neighbour notification procedure has been carried out by the Council in line with current legislation. In addition, the proposal has also been advertised in the local press.

88 f) Applicant has not provided an Environmental Statement, Flood Risk Assessment, Transport Assessment or Ecological Assessment. Response: The above assessments are not required for this proposal. g) Applicant has stated the Council is the sole owner of the land however it is believed locally that the land was gifted to the people of Calderwood by Sir Patrick Dollan. Response: The Council, as applicant, has confirmed that it owns the land therefore I am satisfied the appropriate ownership certificate has been submitted correctly. h) Under the existing use the description states the land as amenity grass/ open space however there is also a playpark. This will suffer a significant loss of space and the removal of play equipment. Response: The playpark is mostly outwith the application site. The only item within the playpark that requires to be removed is a slide which will be relocated within the immediate area. It is noted that the vast majority of the park (approximately 90%) will remain as open space to be used for other recreational purposes. i) The proposed site is wet and marshy and has flooded on several occasions. Response: It is noted that the application site is wet and marshy, therefore, this proposal would result in the re-use of a section of the park. It is also noted that the drainage of the site will be improved through this development. j) Why has this development been proposed at Lammermoor if it is for the entire Council area? Have no other sites been looked at? There are already allotments within the vicinity of the site. Response: In terms of the general provision of allotments within South Lanarkshire, this is not a matter that can be considered as part of this planning application. However, it is noted that there is an identified need and shortage of allotment provision within South Lanarkshire and that there are health and community benefits associated with the use of allotments. While there are existing allotments in close proximity, there remains a high demand for allotments within East Kilbride. k) The proposed fence will be unsightly and will allow users of the park to have a full view of the proposed allotments. Response: The proposed fencing is typical of an allotment development and will allow the site to be secured. It is not considered the proposed fencing will have a significant adverse impact on visual amenity. In addition, the applicant has proposed additional planting around the south of the application site. l) There will be a loss of visual and residential amenity to the adjacent properties as a result of this development. Response: It is recognised that the proposed allotments will have a visual impact on Lammermoor recreation area, however, it is considered that the visual impact will not be significant given the lower level of the main allotment site and the backdrop of trees to the north and east of the site. As noted above, whilst the proposals also include the removal of two small trees in the

89 central area of the site and cutting back of a small area of trees/shrubs on the eastern boundary, there is also additional planting proposed. m) Lammermoor recreation area has been neglected for several years; the Council should be aiming to improve the park instead and relocate the allotments elsewhere. The proposed development would be better suited to a brownfield site. Response: The Planning Service must assess and determine the application proposed which is for allotments and associated works at Lammermoor recreation area. Other sites cannot be considered as part of this application. n) The proposed development will block a well-used walking route; this will create a narrow zone behind the allotments and poses a safety issue. The laying out of this facility could also result in anti-social behaviour. Response: The proposed development does not involve the loss of any formalised paths throughout the park. There is nothing to suggest the formation of allotments will result in anti-social behaviour. However, any such issues would be a Police matter. o) The proposed drainage system does not look fit for purpose and will result in the River Calder being contaminated. Response: As noted above, the Council’s Roads Flooding section have been consulted on this proposal and raised no objections subject to the applicants satisfying the Council’s design criteria and conditions relating to Sustainable Urban Drainage Systems and flood risk. As such, should permission be granted, an appropriate condition can be attached. p) SLC has a responsibility to discourage vehicle use yet this proposal will rely on users driving to the site from elsewhere. Response: Whilst it is noted that the Council does aim to encourage more sustainable alternatives to driving, this is not possible in all cases. In addition, the use of allotments is considered to have health benefits in itself, therefore, this is not considered a valid reason for refusal of the application. q) Should permission be granted, additional screen planting should be provided. Response: The applicant has provided an updated landscaping plan showing additional planting along the southern boundary. r) Obesity is a major problem for children and depriving them of an outside play area is unacceptable. Response: As noted above, the loss of a relatively small area of grass within the Lammermoor Recreation Area is not considered to be a significant in terms of loss of recreational open space. As such, this is not considered a valid reason for refusal of the application.

90 5.2 These letters have been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions

6.1 Detailed planning permission is sought for the creation of a fenced allotment site, with associated works to include landscaping, creation of suds pond, access and parking area. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that all planning applications are 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 proposed development is in compliance with local plan policy and if there are other material considerations which are relevant to the consideration of this application.

6.2 The Adopted South Lanarkshire Local Development Plan (2015) identifies the site, as being within an area designated as green network and greenspace, where Policy 14 (Green network and greenspace) applies. This policy states that any development proposals should safeguard the local green network and identify opportunities for enhancement and/or extension which can contribute towards:

1. placemaking 2. mitigating greenhouse gases, 3. supporting biodiversity, 4. enhancing health and quality of life, 5. providing water management including flood storage, and buffer strips, 6. providing areas for leisure activity, 7. promoting active travel.

It further notes the loss of any areas of priority greenspace will not be supported. However, partial loss will only be considered where it can be demonstrated that:-

• The retention or enhancement, including positive management of the areas to be retained can be best achieved by the redevelopment of part of the site which would not affect its function. • There is no significant adverse impact on the landscape character and amenity of the site and surrounding area. • There is no significant adverse impact on natural and/or built heritage resources, including Natura 2000 sites and Protected Species. • Compensatory provision of at least equal quality and accessibility is provided locally.

6.3 In respect of the above policy, it is considered that allotments (due to their nature as primarily areas of varied planting) are a use compatible with the green network and greenspace designation. It is noted that the adjacent allotments at Allers are allocated as part of the green network and priority greenspace within the Adopted plan. In respect of criteria 1 to 7 of Policy 14, it is considered that the provision of allotments in this location will contribute towards several of these criteria by encouraging healthy lifestyles, providing opportunities to grow food locally (mitigating greenhouse gases) and providing opportunities for community involvement (placemaking). In respect of biodiversity, it is considered that the

91 provision of allotments will increase biodiversity in this area of the park which currently consists almost entirely of mown grass. It is further considered that the provision of a suds pond on the site will benefit local drainage and provide a more diverse habitat in this location.

6.4 In respect of the proposed use of the allotment site, it is acknowledged that the activities that will take place on the application site will differ from the use of the site at present and that public access to the allotment site would be restricted. However, it is considered that the use of approximately 10% of the overall Lammermoor recreation area as allotments will not alter the function of the park. While a single piece of play apparatus is proposed to be removed and replaced nearby, it is noted that the proposed allotments are proposed to be in a relatively peripheral location within the park and in an area that suffers from drainage issues due to its low lying nature. It is further considered that in terms of visual impact, the proposed allotments will not appear as a prominent feature locally due to their position in a lower section of the park and given the existing trees bordering the site to the north and east. It is acknowledged that the allotments will be clearly visible from within Lammermoor recreation area, however, it is considered that the visual impact, given the proposed landscaping to the south of the site, will not be of such a scale that enjoyment of the park will be significantly affected. Taking all of the above into account, it is considered that the proposal complies with Policy 14 of the Adopted plan.

6.5 In terms of the detail of the proposal, Policy 4 of the Adopted plan states that all planning applications should take fully into account the local context and built form. Furthermore, any proposal should not result in significant adverse environmental or amenity impacts relating to matters including the water environment and air quality. Policy 2 (Climate change) states that proposals for new development must, where possible, seek to minimise the effects of climate change. Policy 17 (Water environment and flooding) of the SLLDP states that any development proposals which will have a significant adverse impact on the water environment will not be permitted. It is noted that several representations have been received in respect of environmental impacts relating primarily to potential impacts on the adjacent protected area surrounding the Rotten Calder to the east of the site. In this regard, Environmental Services, Roads and Transportation (Flood Risk Management) and Countryside and Greenspace Services have been consulted on the proposal and offered no objections. It is further considered that the provision of allotments in this location will not result in significant disturbance or loss of amenity for local residents.

6.6 In respect of potential traffic impacts, as detailed above, the access into the site will be from Kenilworth. Under the previous application, access to the allotments and car park was through the park to the south of the site. Under the current proposal, this would involve alterations to form a new vehicular access next to the existing path into the site at Kenilworth and improvements to the existing path to allow safe access for both pedestrians and vehicles. As the vehicular access is single track, a passing place is also proposed. The Council’s Roads and Transportation Services were consulted as part of this application and have offered no objections.

6.7 Policy 15 of the Adopted plan states that the Council will assess all development proposals in terms of their effect on the character and amenity of the natural and built environment. Where specific designations are affected, further guidance is applied, relative to the relevant categories, 1 to 3. The application site is not affected

92 by any designations in this regard, however it is noted that the river corridor (SSSI) and associated trees (ancient semi-natural woodland) within Calderglen Country Park, to the east of the site are designated as category 2 areas of national importance. As noted above, the application site does not directly abut these protected areas. Therefore, given the nature of the proposed use, it is considered that the development will not adversely impact on the integrity or quality of this protected area.

6.8 Given the above, it is considered that there will be no significant loss of amenity for local residents and that the proposed allotments will not have an adverse impact on the local landscape character or the environmental quality of the wider area. Furthermore, it is noted that the provision of allotments is compatible with sustainable development objectives relating to environmental education, provision of local food produce and healthy lifestyles. It is, therefore, considered that the potential health benefits of allotments at this location are significant. Furthermore, as the proposal is acceptable in terms of public safety, it is considered to comply with policies 2, 4, 14, 15 and 17 of the Adopted plan.

6.9 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. It is considered that the proposals accord with Policies 1, 2, 5, 13, 14, 16, SDCC2 and NHE12 of the proposed plan.

6.10 As detailed above, the statutory neighbour notification was carried out by the Council and the application advertised in the local press. As such, 12 objections were received, the points of which are summarised in section 5 above. However, following consideration of the points raised, it is not considered they merit refusal of the application.

6.11 In conclusion, the formation of allotments on this site is considered acceptable and in compliance with Policy 14 of the Adopted plan. Furthermore, given that the proposal will not result in adverse amenity, environmental or safety impacts, it is considered that the proposed development is also in compliance with Policies 2, 4, 15 and 17 of the Adopted plan, as detailed above. It is, therefore, recommended that planning permission is granted, subject to conditions.

7 Reasons for Decision

7.1 The proposal will have no significant adverse impact on amenity, public safety or the local environment and complies with the provisions of Policies 2, 4, 14, 15 and 17 of the South Lanarkshire Local Development Plan 2015 and associated Supplementary Guidance and the Proposed South Lanarkshire Local Development Plan 2.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 29 November 2019

Previous references  P/19/0135

► Consultations Roads Development Management Team 22.11.2019 Environmental Services 15.11.2019

Roads Flood Risk Management WOSAS 28.11.2019

CER Simon Pilpel

St Leonards Community Council

Calderglen Heritage 21.11.2019

► Representations Dated:

Isobel Walters, 168 Waverley, East Kilbride, G74 3PE 13.11.2019

Mary McKay, 136 Baird Hill, East Kilbride, G75 0EF 22.11.2019

Elaine Robertson, Received By Email 22.11.2019

Gina Garscadden, 32 Kenilworth, East Kilbride, G74 3PG 25.11.2019

John Cairns, Received By Email 25.11.2019

Hugh Elder, 41 Durward, East Kilbride, G74 3PB 25.11.2019

Barbara Queen, Received By Email 25.11.2019

Barrie Wilson, 32 Geddes Hill, East Kilbride, G74 3SG 25.11.2019

Georgina and Robert Garscadden, 32 Kenilworth, 26.11.2019 East Kilbride

Sylvia Anderson, 16 Gourlay, East Kilbride, G74 3PJ 27.11.2019

Robert D. Anderson, 16 Gourlay, East Kilbride, G74 3PJ 27.11.2019

Louise Anderson, Received by Email 28.11.2019

Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Julie Pepper, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 01698 455046 Email: [email protected]

95 Detailed planning application

Paper apart – Application number: P/19/1598

Conditions and reasons

01. That unless otherwise agreed in writing with the Planning Authority, no development shall commence until drainage and flood risk details to include signed appendices 1 to 5 shall be submitted to and approved in writing by the Planning Authority. The development shall not be brought into operation until the surface drainage works and any required flood mitigation works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority.

02. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

Reason: In order to safeguard any archaeological items of interest or finds.

03. That the landscaping scheme as shown on the approved plan shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following completion of the development hereby approved and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council.

Reason: In the interests of the visual amenity of the area.

04. That unless otherwise agreed in writing with the Planning Authority, the access improvement works and car parking detailed on drawing nos. LS/TD/13 REV A & LS/TD/16 shall be completed prior to the allotments being brought into use.

Reason: In the interests of public safety.

98 Agenda Item

Report 8

Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1502 Planning proposal: Erection of 254 houses and associated infrastructure works (approval of matters specified in conditions 1 (a to r), 3, 4, 6, 7, 8, 9, 10 and 12 of planning consent in principle EK/09/0218).

1 Summary application information [purpose] Application type:• Approval of matters specified in conditions. Applicant: • Avant Homes Location: • Land to South West Of East Kilbride, Largely Bounded by Eaglesham Road, Jackton Road and Newlands Road [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant matters specified in conditions (subject to conditions) based on conditions attached. [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information

♦ Council Area/Ward: 06 East Kilbride South ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015)

Policy 1 – Spatial Strategy Policy 4 – Development Management and Place Making Policy 5 - Community infrastructure assessment Policy 12 – Housing land Policy 13 – Affordable housing and housing choice Policy 17 - Water environment and flooding

99 Supplementary Guidance Development Management, Place Making and Design Green Network and Greenspaces Affordable Housing Community Infrastructure Assessment

South Lanarkshire Local Development Plan 2 (Proposed Plan 2018)

Policy 1 - Spatial Strategy Policy 5 – Development Management and Placemaking Policy 7- Community infrastructure assessment Policy 11 – Housing Policy 12 – Affordable housing Policy 16 – Water Environment and Flooding Policy SDCC2 – Flood Risk Policy SDCC3 – Sustainable Drainage Systems Policy DM1 – New Development Design

♦ Representation(s):

► 2 Objection Letters ► 0 Support Letters ► 0 Comment Letters

♦ Consultation(s):

WOSAS

Jackton and Thorntonhall Community Council

SEPA

Scottish Water

Roads and Transportation Services (Flood Risk Management)

Roads and Transportation Services (Development Management)

Environmental Services

100 Planning Application Report

1 Application Site 1.1 This planning application relates to a proposed residential development of 254 dwellings on land identified within the East Kilbride Community Growth Area (CGA). The site lies immediately west of Newlands Road on the southern edge of East Kilbride. The site lies on the south-eastern edge of the masterplan approved as part of planning permission in principle application EK/09/0218 for “mixed use development comprising residential, retail and education uses, and associated engineering works for site infrastructure, new access and distributor road, formation of open space framework with landscaping work.” The site is primarily agricultural land, including some associated trees and hedgerows on field boundaries. The site has varied topography with the land generally sloping down towards Newlands Road. The site is currently bounded to the east by Newlands Road and existing houses and to the south-east, north and north-west by agricultural land. The site is also adjacent to a recently approved 112 houses development recently granted to Bellway Homes (P/18/1629). The application site covers an area of approximately 11 hectares.

2 Proposal(s) 2.1 The application is to discharge various conditions imposed on planning permission in principle application EK/09/0218 for the development of East Kilbride Community Growth Area. Condition 1 specifies that all relevant matters such as layout, siting, design, landscaping, drainage etc. are submitted to and approved by the Planning Authority. The other conditions to be discharged specify in more detail what information requires to be submitted to deal with the relevant matters listed in condition 1. The proposal under consideration relates to the second residential development within the masterplan area associated with planning application EK/09/0218. The proposed layout has a single vehicle access point on the new primary road for the CGA and includes pedestrian links to further phases of development within the CGA area, in line with the principles established in the masterplan. The proposal will link in with other masterplan areas and their infrastructure such as open space, play areas and SUDs. The proposed houses are a mixture of 3, 4 and 5 bedroom properties, are semi-detached, detached and terraced with external materials primarily of white/cream render, facing brick and concrete tiles.

3. Background 3.1 Local Plan Status

3.1.1 In land use terms, the site is identified within the adopted South Lanarkshire Local Development Plan 2015 (LDP) as forming part of the designated East Kilbride Community Growth Area (Policy 1 Spatial Strategy) and is allocated as a Proposed Housing Site (Policy 12 Housing Land). Appendix 3 (Development priorities), relative to Policy 1, sets out the requirements for the CGA in more detail.

3.1.2 In addition to the above policy designation, which provides the overarching local plan policy direction for the CGA, the proposed development is affected by a number of additional policies within the Local Plan, as follows:

• Policy 4 – Development Management and Place Making • Policy 5 – Community infrastructure assessment

101 • Policy 12 – Housing land • Policy 13 – Affordable housing • Policy 17 – Water environment and flooding

3.1.3 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the currently adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance, the following policies are relevant:

• Policy 1 - Spatial Strategy • Policy 5 – Development Management and Placemaking • Policy 7 – Community infrastructure assessment • Policy 11 – Housing • Policy 12 – Affordable housing • Policy 16 – Water Environment and Flooding • Policy SDCC2 – Flood Risk • Policy SDCC3 – Sustainable Drainage Systems • Policy DM1 – New Development Design

3.2 Relevant Government Advice/Policy 3.2.1 Relevant Government guidance is set out within the consolidated Scottish Planning Policy (SPP) 2014 and National Planning Framework 3 (NPF3). NPF3 aims to facilitate new housing development, particularly in areas where there is continuing pressure for growth. SPP introduces a presumption in favour of development that contributes to sustainable development. Further, the planning system should enable provision of a range of attractive, well-designed, energy efficient, good quality housing, contributing to the creation of successful and sustainable places.

3.3 Planning Background 3.3.1 Planning application EK/09/0218 was originally approved by the Planning Committee in December 2011, subject to the conclusion of a legal agreement to cover matters relating primarily to developer contributions. A revised masterplan was submitted in October 2016 and subsequently approved at planning committee in June 2018, subject to the conclusion of a legal agreement. This legal agreement has been finalised and the decision notice for EK/09/0218 was issued in October 2019. Planning permission was granted at Planning Committee for the primary road in August 2017 (EK/17/0305) and the first Matters Specified in Condition application (P/18/1629) was approved at Committee in October 2019.

4 Consultation(s) 4.1 Roads Development Management Team – no objections subject conditions relating to construction access and provision of a suitable Traffic Management Plan (TMP) for construction traffic. Response: Noted. These conditions will be attached to any consent issued.

4.2 Roads and Transportation Services (Flood Risk Management) – the applicant should comply fully with the Council’s drainage design guidance. Response: Noted. Appropriate conditions can be attached to any consent granted.

102 4.3 Environmental Services – no objections. Response: Noted.

4.4 SEPA – no objections subject to conditions relating to SUDs drainage. Response: Noted. Appropriate conditions can be attached to any consent granted.

4.5 Scottish Water – no objections. Response: Noted.

4.6 West of Scotland Archaeology Service – have no objections but have noted that a condition was imposed on EK/09/0218 requiring archaeological investigations. Response: Noted. Condition 16 of EK/09/0218, which requires the submission and implementation of archaeological works is still applicable to this development.

4.7 Jackton and Thorntonhall Community Council – the proposal currently assumes that vehicular access to the site will be from a new feeder road which is yet to be built. Until construction of the road is complete, any vehicular access to the proposed site would need to be via Newlands road. Although we understand that it is expected that a section of Newlands Road will be upgraded from its present very narrow state, this is yet to happen. Furthermore, the proposed closure of Newlands Road to traffic heading to and from has yet to be implemented. The proposed erection of 254 houses would be likely to add to pressure on local primary schools which are either at or close to full capacity already. This pressure is on top of that generated by other recently approved housing developments at Newlands Road, Philipshill, Hayhill and Redwood Drive. Although EK/09/0218 does contain proposals for a new primary school to be built on another part of the southern part of the CGA, there can be no certainty that this will ever be built or, if it is built, how long before it will be open to pupils. The proposal is for more than 25 houses but it is not evident from the documentation provided by the applicants what proportion, if any, of the proposed development will be allocated to affordable housing. Suggest three conditions relating to access, school capacity and affordable housing.

Response: Noted. Roads and Transportation have assessed the impact of the proposed development on the local network and have no objections subject to conditions. Construction and permanent access will be taken from the new CGA primary road which will commence construction shortly. In discussion with Roads Services, the current through route between Newlands Road and Jackton Road is scheduled to be removed during the early phases of the CGA development. Education Resources have confirmed that any pupils from the proposed development can be accommodated in local schools until such time as the new primary school within the CGA is opened. The opening of the road is planned to be August 2021. This part of the CGA will provide 244 affordable houses in areas identified by the Section 75 legal agreement. This represents 25% of the units proposed.

5 Representation(s) 5.1 Statutory neighbour notification was undertaken and the proposal was advertised for non-notification of neighbours. Two letters of representation have been received in respect of the proposed development. The grounds of objection and issues raised can be summarised as follows:

103 (a) The site access appears to be on Newlands Road, at the corner of their site nearest the Greenhills Road end of Newlands Road. This appears to be after the Newlands Road closure at the junction of Jackton Road. This would indicate that access would require to be via Greenhills Road through Newlands Road. Can you therefore confirm in writing this is not the case, and that any traffic pertaining to the Avant development will not be via Newlands Road? Response: Roads and Transportation have assessed the impact of the projected additional vehicles generated by the development on the surrounding road network. Construction and permanent access to this development will be taken from the new primary road.

(b) Concern over impact of the proposed development on privacy of adjacent occupiers at Dunrobin and Dorniebank. Response: The application has been assessed with regard to privacy impacts. In this regard, it is noted that the proposed properties to the rear of the existing properties at Dunrobin and Dorniebank are at a lower level and have rear gardens depths which are in compliance with the Council’s Residential Design Guide. It is further noted that the window to window distances are significantly in excess of the minimum level of 20m stipulated in the Residential Design Guide. Taking the above into account, it is considered that the proposed development will not result in any significant loss of amenity for adjacent occupiers in Newlands Road.

(c) Newlands Road has deteriorated recently with construction traffic and this will be exacerbated by this development. In addition, Newlands Road suffers from flooding from run-off from surrounding fields. The road should be inspected at the start of construction, maintained during construction and then resurfaced on completion. All access to the new school should be taken from the new arterial road. Response: It is a requirement of planning permission EK/09/0218 that Newlands Road is upgraded to accommodate additional traffic from the adjacent Bellway site (P/18/1629). This will include re-surfacing/repairing damage from construction vehicles. The new school will be accessed solely from the new road linking Lindsayfield Road to Eaglesham Road.

5.2 These letters have been copied and are available for inspection on the planning portal.

6 Assessment and Conclusions 6.1 The applicant seeks consent for the erection of 254 houses and associated roads, landscaping and engineering works. The site benefits from planning permission in principle (EK/09/0218). The principle of the development (including access from the new primary road) has, therefore, already been established and this assessment relates to the details of the housing layout and associated works. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that all planning applications are 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 proposed development follows local plan policy.

104 6.2 The adopted South Lanarkshire Local Development Plan 2015 (LDP) identifies the site, in land use terms, as being within a community growth area (as defined by Policy 1 – Spatial Strategy). The site is also allocated as proposed housing land (Policy 12 – Housing land) to reflect the designation of the CGA. It is, therefore, noted that the principle of housing development of this site is supported by Policies 1 and 12 of the LDP. In respect of Policy 5 (Community infrastructure assessment), it is noted that the legal agreement associated with planning permission EK/09/0218 sets out the requirement for developer contributions applicable to this site to cover infrastructure impacts associated with education, road and transportation, affordable housing and community facilities. The proposed development under consideration does not include any on-site affordable housing provision, however, as stated above, the provision of affordable housing associated with the CGA has been dealt with holistically as part of the approved masterplan and legal agreement associated with EK/09/0218. This approach has been agreed with Housing Services and, as such, the proposal is in accordance with Policy 13 (Affordable housing and housing choice) of the LDP. It is considered that the submitted plans have addressed the requirements identified within the Council’s Residential Design Guide. The educational and roads and transportation related requirements associated with this proposal have also been assessed on a cumulative basis, across the CGA as a whole, as part of EK/09/0218. Taking the above into account, it is considered that the proposal is acceptable with regard to the requirements of Policy 5 of the LDP.

6.3 In terms of the detail of the proposal, Policy 4 of the LDP states that all planning applications should take fully into account the local context and built form. Furthermore, any proposal should not result in significant adverse environmental or amenity impacts. Further guidance on design matters is contained in the Council’s Residential Design Guide (2011). In terms of the submitted layout, it is noted that the proposal is for 254 units which includes a mix of terraced, semi-detached and detached houses, with a single access point from the new primary road to the southern boundary of the site. The proposed house styles, external materials, size and development layout are acceptable and, additionally, it is noted that the development will fit in adequately with surrounding residential developments in this part of East Kilbride. It is noted that the proposals incorporate appropriate design features, including variation of surface materials, a permeable layout and traffic calming features. In general, the layout has been designed to provide attractive streets and to ensure that public areas and connections are overlooked by dwellings to encourage pedestrian movement.

6.4 With respect to potential impacts on neighbouring residents, it is noted that the two residential properties to the east, will not be significantly affected in amenity terms due to the orientation of the proposed dwellings, proposed landscaping and existing garden depths. Taking all relevant matters into account, it is considered that the proposal is in compliance with Policy 4 of the LDP. In terms of flood risk and impact on the water environment (Policy 17 of the LDP), it is noted that the proposal includes sustainable drainage features, while supporting information shows that there would not be a flood risk. In this regard, it is noted that no objections have been received from the Council’s Flood Risk Management team or SEPA. Furthermore, the majority of the proposed development will be on agricultural grazing land, with tree loss minimised primarily to field boundaries. A landscaping plan has also been submitted, detailing tree and shrub planting within the site and

105 it is further noted that the site will have links to surrounding areas and the central area of open space within the approved masterplan.

6.5 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. It is considered that the proposal accords with the relevant polices detailed in section 3.1.3 above.

6.6 In summary, it is noted that the principle of residential development of this site is supported by development plan policies and the existing planning permission in principle consent at the site. Furthermore, given that the proposal will not result in adverse amenity, environmental or safety impacts, it is considered that the proposed development is in compliance with policies 1, 4, 5, 12, 13 and 17 of the adopted South Lanarkshire Local Development Plan, as detailed above. It is, therefore, recommend that the relevant conditions outlined above can be discharged, subject to the additional conditions listed.

7 Reasons for Decision 7.1 The proposal will have no significant adverse impact on amenity, public safety or the local environment and complies with the provisions of Policies 1, 4, 5, 12, 13 and 17 of the South Lanarkshire Local Development Plan 2015 and associated Supplementary Guidance and the Proposed South Lanarkshire Local Development Plan 2.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 5 December 2019

Previous references  EK/09/0218  P/18/1629

Roads Development Management Team 25.11.2019

Environmental Services 27.11.2019

Roads Flood Risk Management 19.11.2019

Scottish Water 30.10.2019

106

WOSAS 15.10.2019

SEPA West Region 06.11.2019

Jackton And Thorntonhall Community Council 28.10.2019

► Representations Dated:

Mr & Mrs McPhail, Dunrobin, Newlands Road, East Kilbride, 01.11.2019 Glasgow, South Lanarkshire, G75 8RS

Pete Duncan, 63 Newlands Road, East Kilbride, G75 8WW 01.11.2019

Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Iain Morton, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: Email: [email protected]

107 Detailed planning application

Paper apart – Application number: P/19/1502

Conditions and reasons

01. That no development shall commence until drainage and flood risk details to include signed appendices 1 to 5 shall be submitted to and approved in writing by the Planning Authority. The development shall not be occupied until the surface drainage works and any required flood mitigation works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority.

02. That notwithstanding the approved plans and prior to the commencement of development, details of how the SUD's area is to be maintained shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the maintenance access road shall be a minimum of 3m wide. A turning area is also required, therefore a tracking drawing to demonstrate vehicle accessing/exiting the maintenance area is also required.

Reason: To ensure that satisfactory maintenance facilities are provided, in the interests of safety.

03. That prior to the commencement of development, detailed specifications (including any required temporary fencing) for the remote footpath links submitted to and approved in writing by the Planning Authority.

Reason: To ensure that adequate pedestrian connections are provided.

04. That unless otherwise agreed in writing with the Planning Authority, the footpath links referred to in condition 3 above shall be completed prior to the occupation of the 10th last dwellinghouse on the site.

Reason: To ensure that adequate pedestrian connections are provided.

05. The first 2 metres of driveways must be surfaced, trapped and sealed to prevent any deleterious material or water from leaving the driveway and entering the carriageway.

Reason: In the interests of road safety.

06. That prior to development commencing, the applicants shall submit a Construction and Traffic Management Plan (TMP). The TMP will identify the construction access point, construction phasing (as per drawing number JCGA-CPP-001 B, unless otherwise agreed) and appropriate cleaning systems within the site to ensure mud and debris are not deposited on the public road. The TMP shall also show how vehicles can access and exit the site in forward gears. In addition, sufficient parking

108 should be provided within the site boundary to accommodate all site staff/operatives parking requirements. A plan showing the turning area and location and number of spaces for site staff / operatives should be submitted for approval. No works shall commence on site until these details have been approved in writing by the Council as Planning Authority.

Reason: In the interests of road and public safety.

07. That should 6 months expire between the ecological survey and works commencing on site, the survey should be updated to determine whether there have been any changes in habitats or occupancy by protected species.

Reason: To ensure that any ecological species on site are protected and suitable mitigation measures are put in place.

08. That all road junctions vehicular shall have a vehicular visibility splay of 2.4m x 43m and within these splays nothing over 900mm in height (including trees and shrubbery) shall be permitted.

Reason: In the interests of road and public safety.

09. That all driveway accesses shall have a visibility splay of 2m x 20m and within these splays nothing over 900mm in height (including trees and shrubbery) shall be permitted.

Reason: In the interests of road and public safety.

10. That pedestrian visibility shall be 2.4m x 2.4m.

Reason: In the interests of public safety.

11. That the remote footpath at Newlands Roads shall have a visibility splay of 2m x 35m and within these splays nothing over 900mm in height (including trees and shrubbery) shall be permitted.

Reason: In the interests of road and public safety.

12. That prior to development commencing, details of the swept path analysis shall be submitted to and approved in writing by the Council as Planning Authority.

Reason: In the interests of road and public safety.

13. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include:(a) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and

109 no work shall be undertaken on the site until approval has been given to these details.

Reason: In the interests of the visual amenity of the area.

14. That the approved landscaping scheme shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the building(s) or completion of the development hereby approved, whichever is the sooner, and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council.

Reason: In the interests of amenity.

15. That no development shall take place until the implementation of a programme of archaeological works for the site, in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority in consultation with the West of Scotland Archaeology Service. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented for the relevant part(s) of the site and that all recording and recovery of archaeological resources is undertaken to the satisfaction of the Planning Authority, in consultation with the West of Scotland Archaeology Service.

Reason: In order to safeguard any archaeological items of interest or finds.

110

111

112 Agenda Item

Report 9 Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1258 Planning proposal: Erection of wind turbine 180 metres in height to tip

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Mr Andrew Stewart Location: • Draffanmarshill Draffan Road Lanark South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application. (2) The Committee should note that the decision notice should not be issued until the following matters are concluded:

A Legal Agreement or other appropriate mechanism securing: • Community benefit contributions • Payments to offset damage to the unclassified road network resulting from the abnormal load delivery associated with the turbine delivery

The applicant will be responsible for meeting SLC’s reasonably incurred legal expenses in respect of the legal agreement and restoration guarantee quantum.

In accordance with agreed procedure, should there be no significant progress, on behalf of the applicant, towards the conclusion of the Legal Agreement within 6 months of the date of the Committee, the proposed development may be refused on the basis that, without the planning control/ developer contribution which would be secured by the Legal Agreement, the proposed development would be unacceptable.

If, however, this matter is being progressed satisfactorily the applicant will be offered the opportunity to enter into a Processing Agreement, if this is not already in place. This will set an alternative agreed timescale for the conclusion of the Legal Agreement.

113 3 Other information ♦ Applicant’s Agent: Rob Collin ♦ Council Area/Ward: 04 Clydesdale South ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 2 - Climate Change Policy 3 - Green Belt and Rural Area Policy 4 - Development Management and Placemaking Policy 15 - Natural and Historic Environment Policy 17 - Water Environment and Flooding Policy 19 - Renewable Energy

Supplementary Guidance 1: Sustainable Development and Climate Change

Supplementary Guidance 2: Green Belt and Rural Area

Supplementary Guidance 3: Development Management, Placemaking and Design

Supplementary Guidance 9: Natural and Historic Environment

Supplementary Guidance 10: Renewable Energy

Proposed South Lanarkshire Local Development Plan 2 (2018)

Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 5 - Development Management and Placemaking Policy - 13 Green network and greenspace Policy - 14 Natural and Historic Environment Policy - 15 Travel and Transport Policy - 16 Water Environment and Flooding Policy - 18 Renewable Energy Policy - DM1 New Development Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems

♦ Representation(s):

► 19 Objection Letters ► 14 Support Letters ► 0 Comment Letters

♦ Consultation(s):

Coal Authority Planning Local Authority Liaison Dept 114

Roads Development Management Team

Environmental Services

BAA Glasgow

MoD (Windfarms)

National Air Traffic Services Ltd

WOSAS

SEPA Flooding

Roads Flood Risk Management

115

Planning Application Report

1 Application Site 1.1 The application site is an existing agricultural field within a larger agricultural unit (Draffanmarshill Farm). The site is located approximately 1.5km to the north of the settlement of Blackwood. The site is located fairly centrally within the farm unit and is surrounded on all sides by agricultural land.

1.2 The application site is located approximately 490m north of Draffanmarshill Farm which is the nearest residential property to the proposed site and it is owned by the applicant for this application. The M74 runs north/ south some 1km to the west of the application site. The site is accessed from Draffan Road which runs from the B7078.

1.3 The application site is on land designated as rural within the adopted South Lanarkshire Local Development Plan 2015 (SLLDP) and lies within land classified as Plateau within the South Lanarkshire Landscape Character Assessment 2010 (LCA).

2 Proposal(s) 2.1 The application seeks full planning permission for a single wind turbine. The proposed turbine has a height of 111m to hub with a 138m rotor diameter resulting in a total height to tip of 180m. The proposals also involve the creation of the turbine foundation and an adjacent area of hardstanding for use as a crane pad for erecting the turbine. It is proposed to utilise existing farm tracks for access to the turbine with an additional 300m of access track being required to access the turbine location. An electrical substation building and cabling are also required as part of the proposals.

2.2 The application does not constitute an Environmental Impact Assessment (EIA) development but the submission is supported by an Environmental Appraisal as part of the suite of documents submitted.

3 Background 3.1 National Policy

3.1.1 National Planning Framework 3 (NPF3) June 2014 sets out the long term vision for the development of Scotland and is the spatial expression of the Scottish Government’s Economic Strategy. It has a focus on supporting sustainable economic growth which respects the quality of the environment, place and life in Scotland and the transition to a low carbon economy. The framework sets out strategic outcomes aimed at supporting the vision – a successful, sustainable place, a low carbon place, a natural, resilient place and a connected place. NPF 3 also notes in paragraph 3.8 “We want to meet at least 30% of overall energy demand from renewables by 2020”.

3.1.2 Scottish Planning Policy (SPP) June 2014 aligns itself with NPF3 and one of its policy principles states that there will be “a presumption in favour of development that contributes to sustainable development” (page 9). At paragraph 28 SPP states that “the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the costs and benefits of a proposal over the longer term. The aim is to achieve the right development in the right place; it is not to allow development at any cost.” The SPP also identifies a number of considerations to be taken into account when determining energy infrastructure developments including net economic benefit, the contribution to renewable energy targets, cumulative impacts, visual impacts, residential amenity, and landscape and visual impacts (paragraph169).

116 3.1.3 The Scottish Government’s Onshore Wind Policy Statement (Dec 2017) sets out the considered views of Scottish Ministers, following consultation, with regard onshore wind energy and how renewable technology continues to evolve. Paragraph 25 acknowledges “the way in which wind turbine technology and design is evolving, and fully supports the delivery of large wind turbines in landscapes judged to be capable of accommodating them without significant adverse impacts”.

3.1.4 All national policy and advice is considered in detail in section 6 of this report.

3.2 Development Plan Status 3.2.1 The proposed development requires to be considered against the approved Glasgow and Clyde Valley Strategic Development Plan 2017 (GCVSDP) Onshore Wind Spatial framework (paragraphs 7.8 and 7.9). The Onshore Wind Spatial Framework is aligned to increasing energy efficiency and reducing carbon emissions. Diagram 6 identifies areas within the city region that are likely to be most appropriate for onshore wind farm development. Policy 10 Onshore Energy requires proposals to accord with local development plans.

3.2.2 The South Lanarkshire Local Development Plan (SLLDP) was adopted on 29 June 2015 and contains the following policies against which the proposal should be assessed: • Policy 2: Climate change • Policy 3: Green belt and rural areas • Policy 4: Development management and placemaking • Policy 15: Natural and historic environment • Policy 17: Water environment and flooding • Policy 19: Renewable energy

3.2.3 The following approved Supplementary Guidance documents support the policies in the SLLDP and also require assessment:

• Supplementary Guidance 1: Sustainable Development and Climate Change • Supplementary Guidance 2: Green Belt and Rural Area • Supplementary Guidance 3: Development Management, Placemaking and Design • Supplementary Guidance 9: Natural and Historic Environment • Supplementary Guidance 10: Renewable Energy

Volume 1 • Policy 1 Spatial Strategy • Policy 2 Climate Change • Policy 5 Development Management and Placemaking • Policy 13 Green network and greenspace • Policy 14 Natural and Historic Environment • Policy 15 Travel and Transport • Policy 16 Water Environment and Flooding 117 • Policy 18 Renewable Energy

Volume 2 • Policy DM1 New Development • Policy SDCC2 Flood Risk • Policy SDCC3 Sustainable Drainage Systems

3.2.5 All these policies and guidance are examined in the assessment and conclusions section of this report. It should be noted that LDP2 policies are only referenced if they do not accord with the existing policy context in SLLDP.

3.3 Planning Background 3.3.1 Planning permission was granted in 2013 for a 119m (to tip height) wind turbine (Planning Ref: CL/12/0300). This turbine has been constructed and has been in operation since 2015.

3.3.2 Planning permission was granted for a further 119m (to tip height) wind turbine (Planning Ref: CL/16/0138). This turbine has been in operation since 2017.

4 Consultation(s)

4.1 Roads and Transportation Services (Development Management) – no objection subject to the applicant being able to demonstrate that the ‘corridor width’ required for the transportation of loads can be accommodated on the existing public road, a trial run is advised to demonstrate this as well as the submission of a Traffic Management Plan, swept path analysis and appropriate warning signage details for further approval. A Roads Agreement for financial provision to cover damage to the unclassified road network must also be entered into. Response: Noted, and conditions relating to the transportation of loads form part of the recommendation. A Section 96 or other legal agreement for provision of the financial contribution also forms part of this recommendation.

4.2 Roads and Transportation Services (Flood Prevention) - no objections subject to design criteria certificates relating to drainage being submitted. Response: Noted and the submission of these certificates forms part of the recommended conditions.

4.3 SEPA –no comments and refer to standing advice. Response: Noted.

4.4 West of Scotland Archaeology Service (WOSAS) – no objections to the proposals subject to a suitable archaeological condition. Response: Noted and if approved a suitable archaeological condition would be imposed.

4.5 Environmental Services – have no objections to the proposals subject to noise limits being placed on the proposals to protect the amenity of residential properties in the area and a mitigation strategy for shadow flicker. Response: Noted and conditions regarding noise levels and shadow flicker form part of the recommendation.

4.6 Coal Authority – originally objected on lack of information. Following the submission of a Coal Mining Risk Assessment Report, they have no objections subject to a condition requiring intrusive site investigations being carried out before development commences. 118 Response: Noted and a condition to control this matter forms part of the recommendation.

4.7 NATS (National Air Traffic) – originally objected to the proposals on radar safeguarding grounds. A radar mitigation solution has been agreed with the applicant. Response: It is acknowledged that NATS have agreed to remove their objection subject to payment for the mitigation solution. The payment is non-refundable and it is understandable that the applicant does not want to make the payment until there is comfort that planning permission will be granted. Therefore, should planning permission be granted, it is recommended that condition 14 is attached to the consent to ensure that no works are carried until the agreed radar mitigation solution in place.

4.8 Glasgow Airport – the proposals do not conflict with their safeguarding criteria. Response: Noted.

4.9 Ministry of Defence – have no objections to the proposals. Response: Noted.

5 Representation(s) 5.1 The application was advertised within the Lanark Gazette for non-notification of neighbours and for being a Schedule 3 Bad Neighbour Development. 19 letters of objection have been received in relation to the application with the following concerns:-

a) The scale of the turbine would lead to an unacceptable visual impact Response: Detailed assessment of landscape and visual impact is contained within paragraphs 6.24 to 6.34 below.

b) Proximity of turbine to houses in relation to shadow flicker and noise. Response: Detailed assessment in relation to noise and shadow flicker is contained within paragraphs 6.36 to 6.37 below.

c) Number of turbines already in locality Response: Detailed assessment in relation to cumulative impacts is contained within paragraphs 6.24 to 6.34 below.

d) Scale of turbine is visually unsuitable in relation to existing turbines Response: Detailed assessment in relation to visual and cumulative impacts is contained within paragraphs 6.24 to 6.34 below.

e) Impact on tourism and walking routes within the area Response: It is considered that the proposed turbine sits within its own grounds and would only have a minimal impact upon walking routes or other tourist attractions within the area.

f) It would set a precedent for large scale turbines Response: Each planning application is assessed on its own merits and takes account of existing development within the area. It is considered that the use of large turbines onshore is becoming more prevalent due to technology and the need for further renewable energy generation. It is, therefore, considered that turbines of this nature are not unusual but would only be supported should they be considered acceptable in their own right.

g) Impact on wildlife Response: Detailed assessment in relation to natural interests is contained within paragraphs 6.22 to 6.23 below. 119

h) Planning submission is not accurate, viewpoints are too distant and subjective Response: The application submission, including viewpoint selection, was deemed adequate for validation and subsequent assessment. No consultees have raised any inaccuracies with the submission.

i) Land ownership is incorrect Response: The planning application has a completed land ownership certificate stating that the applicant is the sole owner of the land. This certificate requires to be taken at face value as part of any planning application. Any land ownership disputes are civil matters outwith the scope of the planning system. It should be noted that standard noise limits can be met at all neighbouring properties and, therefore, no assessment regarding properties ‘financially involved’ with the turbine is required.

j) Lesmahagow Development Trust have no involvement in this application Response: The Lesmahagow Development Trust have submitted a letter of support for the application stating that they ‘are very pleased to be part of this initiative’.

k) Impact on health Response: With the exception of the issues that can be associated with excessive noise and shadow flicker, there has not been any demonstrable evidence in relation to wind turbines and associated health issues. Detailed assessment in relation to noise and shadow flicker is contained within paragraphs 6.36 to 6.37 below.

5.2 14 letters were submitted stating they were in support of the proposals.

5.3 These letters have been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions 6.1 Under the terms of 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. In this case, the development plan comprises the approved Glasgow and the Clyde Valley Strategic Development Plan 2017 (GVCSDP), the adopted South Lanarkshire Local Development Plan 2015 (SLLDP) and associated Supplementary Guidance. On 29 May 2018 the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the currently adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. It should be noted that LDP2 policies are only referenced if they do not accord with the existing policy context in SLLDP.

6.2 In terms of National Planning Policy and Guidance, NPF 3 notes in paragraph 3.8 that the Government seeks to meet at least 30% of overall energy demand from renewables by 2020.

6.3 The Scottish Government’s Onshore Wind Policy Statement (Dec 2017) sets out the considered views of Scottish Ministers, following consultation, with regard to onshore wind energy and how renewable technology continues to evolve. Paragraph 25 120 acknowledges “the way in which wind turbine technology and design is evolving, and fully supports the delivery of large wind turbines in landscapes judged to be capable of accommodating them without significant adverse impacts”.

6.4 SPP Policy Principles (page 9) state that there will be “a presumption in favour of development that contributes to sustainable development.” At paragraph 28, SPP states that “the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the costs and benefits of a proposal over the longer term. The aim is to achieve the right development in the right place; it is not to allow development at any cost.” The SPP also identifies a number of considerations to be taken into account when determining energy infrastructure developments including net economic benefit, the contribution to renewable energy targets, cumulative impacts, visual impacts, residential amenity, and landscape and visual impacts (paragraph169).

6.5 It is, therefore, considered that the proposal is in line with National Policy given it is for a renewable energy project subject to a detailed assessment of the proposals against the Development Plan as below.

6.6 The proposed development requires to be considered against the approved Glasgow and Clyde Valley Strategic Development Plan 2017 (GCVSDP) Onshore Wind Spatial framework (paragraphs 7.8 and 7.9). The Onshore Wind Spatial Framework is aligned to increasing energy efficiency and reducing carbon emissions; Diagram 6 identifies areas within the city region that are likely to be most appropriate for onshore wind farm development. The methodology used in devising the Onshore Wind Spatial Framework is set out in Part Two of Background Report 10 Low and Zero Carbon Generating Technologies. At section 15.10, the background report acknowledges that wind turbine development is likely to be acceptable subject to detailed consideration against local policy criteria and that potential wind farm development should not be viewed in isolation. It goes on to state that developers and interested parties must refer to any local guidance made available by the local planning authority including local development plans and supplementary guidance, and landscape capacity studies. Policy 10 Onshore Energy requires proposals to accord with local development plans. The proposed development, by its nature, contributes to developing low carbon energy. The visual, landscape and cumulative impact of the proposal is assessed below and concludes that there would not be an adverse effect. Consequently, it is considered that the proposal accords with Policy 10 of Clydeplan.

6.7 In the Adopted South Lanarkshire Local Development Plan (SLLDP) 2015 the overall strategic vision is ‘to promote the continued growth and regeneration of South Lanarkshire by seeking sustainable economic and social development within a low carbon economy whilst protecting and enhancing the environment.’ Policy 2: Climate Change, seeks to minimise and mitigate against the effects of climate change by a number of criteria. The criteria relevant to this proposal are (iii) utilising renewable energy sources, (vii) having no significant adverse impacts on the water and soils environment, air quality, biodiversity (including Natura 2000 sites and protected species) and green networks. Taking into account the proposed wind turbine would generate renewable energy, it is considered that the proposal complies with Policy 2 and that of the advice in the SG Sustainable Development and Climate Change.

6.8 Policy 3: Green Belt and Rural Area states that the Green Belt and rural area functions primarily for agricultural, forestry, recreation and other uses appropriate for the countryside. The proposal is located within the rural area. SG 2: Green Belt and Rural Area lists in Appendix 2 renewable energy as an appropriate use within this area and refers to the SG Renewable Energy, and SG Sustainable Development and Climate 121 Change for further guidance. It is considered that the principle of the development is deemed acceptable within the Rural Area given the proposals relate to renewable energy generation and, therefore, there are no further implications for the countryside strategy set out within the Development Plan.

6.9 Policy 4 Development Management and Placemaking states that development proposals should have no significant adverse impacts on the local community, landscape character, habitats or species including Natura 2000 sites, biodiversity and Protected Species nor on amenity. Policy 4 also states that development should be integrated with the local context and landscape. This advice is supported within Development Management, Placemaking and Design Supplementary Guidance under Policy DM1 – Design. There are several consented and operational single wind turbines within the surrounding area, including the 2 adjacent turbines (referenced in paragraph 3.3 above). Therefore, it is considered an additional single turbine would still be in keeping with the context of the landscape and is, therefore, acceptable under this policy. The proposals’ impact in terms of the local community, amenity, ecology and landscape and visual impact are assessed in detail and in relation to more specific policy criteria throughout the following assessment section below. It is, therefore, considered that the proposals comply with the broad principle of this policy subject to this further detailed assessment.

6.10 Policy 15: Natural and Historic Environment and the associated Supplementary Guidance provides the context for assessing all development proposals in terms of their effect on the character and amenity of the natural and built environment. It seeks to protect important natural and historic sites and features as listed in Table 6.1 of the SLLDP from adverse impacts resulting from development, including cumulative impacts. These considerations are further assessed below under the Policy RE1 and RE2 criteria. Policy 17 ‘Water Environment and Flooding’ states that on sites where flooding or surface water may be an issue, development shall be the subject of a local flood risk management assessment. These considerations are again, further assessed below under the Policy RE1 and RE2 criteria.

6.11 Policy 19: Renewable Energy states applications for renewable energy developments will be supported subject to an assessment against the principles set out in the 2014 SPP, in particular, the considerations set out at paragraph 169 and additionally for onshore wind developments the terms of Table 1: Spatial Frameworks. The policy also requires the Council to produce statutory supplementary guidance which accords with SPP. The Council has now published its approved SG on Renewable Energy (SG10). The proposed development will be assessed against Table 7.1 Assessment checklist for wind energy proposals of SG10, which includes the Spatial Framework and the principles set out in paragraph 169 of SPP. Each is taken in turn below.

6.12 Policy RE1 Spatial Framework for Wind Energy requires applications for onshore wind turbine developments of a height to blade tip of 15m or over to accord with the Spatial Framework and to meet the relevant criteria set out in section 6 Development Management considerations and Table 7.1 Assessment checklist for wind energy proposals. The spatial framework identifies those areas that are likely to be most appropriate for onshore wind farms as a guide for developers and communities. Table 4.1 of SG10 Renewable Energy sets out three groupings in relation to wind energy development. These are as follows: • Group 1: Areas where wind farms will not be acceptable • Group 2: Areas of significant protection • Group 3: Areas with potential for wind farm development

122 Group 1 areas comprise of National Parks and National Scenic Areas (NSA). There are no National Parks or NSA that will be affected by the proposed development.

Group 2 Areas of significant protection; SPP and SG10 recognise the need for significant protection of particular areas which include: • National and international designations • Other nationally important mapped environmental interests • Community separation for consideration of visual impact

6.13 There are no national and international designations in or adjacent to the application site, neither are there any nationally important mapped environmental interests in or adjacent to the site. The third criteria of the Group 2 Areas of significant protection relates to community separation for consideration of visual impact. This is defined by SPP as an area not exceeding 2km around cities, towns and villages identified on the local development plan with an identified settlement envelope or edge. The 2km buffer zone around settlements is an indicative area in which potential developers will be required to demonstrate that any significant effects on the qualities of these areas can be substantially overcome by siting, design or other mitigation. The separation is not a ban on wind energy development in the identified area. There is one settlement within 2km of the proposed turbine which is Blackwood which lies approximately 1.5km to the south of the application site. Further assessment of the visual impact of the turbine upon this settlement is carried out below.

6.14 Group 3 Areas with potential for wind farm development: SPP and SG Renewable Energy (SG10) states that beyond groups 1 and 2, wind farms are likely to be acceptable, subject to detailed consideration against identified policy criteria. Table 7.1 of SG10 sets out a series of considerations which are to be taken into account when assessing renewable energy proposals and these are in line with the considerations set out at section 169 of SPP.

6.15 Policy RE2 Renewable Energy Development replicates Policy RE1’s requirement that applications for all renewable energy development will only be acceptable if they accord with the relevant guidance set out in section 6 and Table 7.1. Therefore the development proposals are collectively assessed against the criteria of both policies at paragraphs 6.17 to 6.54 below. On the basis of the assessment below it is considered that subject to conditions and mitigation measures being implemented, the proposals comply with Policies RE1, RE2 and Groups 2 and 3 of the Spatial Framework as set out in SPP.

6.16 The relevant Table 7.1 criteria is taken in turn as follows;

6.17 Impact on international and national designations. As referenced in 6.12 to 6.13 there are no international or national designations affected by the proposals.

6.18 Impact on carbon rich soils, deep peat and priority peatland habitat (CPP). There are no carbon rich soils or peatland affected by the proposals.

6.19 Community separation for consideration of visual impact. This is examined in detail in paragraph 6.34 below.

6.20 Economic benefits. This includes local and community socio-economic benefits such as employment, associated business and supply chain opportunities. Section 4 of the Environmental Appraisal presents an assessment of the socio-economic impact of the proposed 123 development. It concludes that the proposed development would have a positive net impact as a result of the employment provided by the construction of the turbine (including subsequent decommissioning) in South Lanarkshire and operation including community benefit payments which are based on electricity generated if the wind farm becomes operational.

6.21 The scale of contribution to renewable energy generation targets and effects on greenhouse gas emissions. It is considered that the proposed turbine would provide an additional source of renewable energy without any impact on peatland or any other form of natural carbon capture.

6.22 Effect on the natural heritage, including birds - Table 7 criteria 7a) South Lanarkshire Local Biodiversity Strategy, Local nature conservation designations, bird sensitivity, protected species and bats. This criterion, in line with Policy NHE19 in the SG Natural and Historic Environment, states that development which will have an adverse effect on protected species following the implementation of any mitigation measures will not be permitted unless it can be justified in accordance with the relevant protected species legislation. An Ecological Assessment has been carried out and is contained within Chapter 5 of the Environmental Appraisal. The Ecological Assessment concludes that the development would not have a significant impact upon protected species and habitats. It is considered that given the application site is within cultivated, farmland the potential for good quality habitat is low and therefore the proposals shall not have a significant adverse impact upon natural heritage.

6.23 Effect on the natural heritage, including birds – Table 7 criteria 7b) Habitat Management Plans (HMP). As noted above, it is considered that the proposals would not have a significant adverse impact upon the natural environment and, therefore, there is no need for any habitat mitigation as part of the proposals.

6.24 Landscape and visual impacts It is considered that landscape designations, character and capacity are key considerations in considering the impact of wind turbine proposals. The Council’s landscape technical studies provide a comprehensive baseline for the assessment of wind farm and wind turbine proposals in South Lanarkshire. First, the impact on landscape designation and character, and the capacity of the landscape to accommodate the proposed development is assessed below. Landscape impact is in essence, an assessment of whether a landscape and its character is susceptible to development or not. Secondly, the visual impact is assessed followed by the impact on visual residential amenity. Visual impact is, therefore, in essence, a development’s impact in relation to how it impacts upon receptors. The landscape and visual assessment takes into account cumulative impacts. SPP makes reference to wild land which is a consideration when assessing landscape impacts. There are no areas of designated wild land within South Lanarkshire and there will be no impact on areas of wild land outwith South Lanarkshire from the proposed development.

6.25 The application site is located within the Plateau Farmland Landscape Character Type (LCT), as defined in the South Lanarkshire Landscape Character Assessment 2010 (LCA). The key characteristics of the Plateau Farmland LCT are its predominantly flat or gently undulating nature. It is an exposed landscape with relatively sparse tree cover, dominated by pastoral farming. The LCA notes that wind farm development has dramatically changed the backdrop and views of this LCT and advises that new wind turbine development should avoid prominent locations on the high points of the 124 undulating landscape and favour areas where tall structures would be provided with a backcloth to reduce visual and landscape impacts. It further notes that the separation and characteristics of the adjoining LCT (Plateau Moorlands) is important to maintain and turbines should be sited so as not to encroach and therefore ‘visually’ spread into the neighbouring LCT to ensure both similar but distinct LCTs are easily identifiable. Directly to the west of the application site is a small sub set LCT which, due to existing turbines, the LCA characterises as Plateau Farmland Wind Farm. It is considered that the application site is in close proximity to this subset and from a distance, given the only features that differentiate the two LCTs is the presence of wind turbines, the proposed turbine would be viewed within this array of turbines. It is, therefore, considered that there is an element of landscape capacity for change in relation to a single turbine development given the adjacent wind farm subset LCT.

6.26 South Lanarkshire’s Landscape Capacity for Wind Turbines 2016 provides guidance on the individual and cumulative landscape impact of wind turbine developments in the Plateau Farmland. It includes an addendum specifically for tall wind turbines over 150m in height. This Addendum seeks to inform developers of areas within South Lanarkshire where turbines over 150m may be appropriate. It identifies areas into 4 categories of capacity, High, Medium, Low and None. It should be noted that the majority of South Lanarkshire is identified as None in relation to capacity. The capacity study is a high level, strategic document and whilst trying to inform developers of the more suitable locations, each site’s context and the nature of the proposals have to be fully taken into account when making assessments. The Addendum also contains further more LCT specific advice to again help inform developers in relation to siting tall turbines.

6.27 As noted above, the immediate landscape to the west of the application site has several operational wind turbines. This landscape and visual impact assessment, therefore, does not concentrate solely on the proposals impact upon the landscape but also its cumulative impact in relation to other existing and consented wind turbines.

6.28 A Landscape and Visual Impact Assessment (LVIA) has been submitted as part of the Environmental Appraisal (Chapter 6 Landscape and Visual). The LVIA concludes that, as with any large scale wind farm, the proposals would result in landscape and visual effects but that the landscape has the capacity to accommodate the effects identified, especially taking into account the proposed turbine in the context of similar operational proposals in the immediate area.

6.29 It is considered that, given the site’s proximity to the adjacent Plateau Farmland Wind Farm LCT subset and the Plateau Farmland’s capacity for suitable turbine development, there is potential for the addition of a further turbine within the landscape. It is also considered that the proposed turbine, by nature of its height would appear from distance, through perspective, to read in conjunction with the cluster of turbines that has led to the wind farm LCT subset being defined. It is, therefore, considered that the proposals would not have an adverse significant impact upon the surrounding landscape character and are considered to have a positive cumulative, landscape impact in terms of being able to be defined within an existing wind farm landscape rather than being the introduction of a new tall structure onto an open landscape.

6.30 The Addendum provides non site specific guidance on siting tall turbines for developments of fewer than 3 turbines. This guidance notes that the most critical issues associated with larger turbines are the horizontal and vertical scale, aviation lighting requirements and adjacent smaller turbines.

125 6.31 The horizontal and vertical scale relates to the concept of relative sizes and how the scale of an object is not a matter of absolute size but instead how objects are perceived relative to other objects or features in their context. It also includes the proportional relationship between the scale of a turbine and its landscape setting. tall turbines are best suited to open landscape types of the largest scale where there are fewer or smaller scale features and indistinct landforms as these landscapes will be more able to accommodate a large turbine without being dominated. A plateau or rolling landscape diminishes a turbines scale due to its openness which results in the horizontal plain of vision extending far further than any vertical element such as a tall turbine on the landscape. It is therefore considered that the proposed LCT is one that has capacity for a tall turbine due to its openness and large horizontal scale. It is also noted that beyond the Wind Farm LCT, to the west, is the M74 which provides a strong visual backcloth for this landscape looking westwards as well as limiting and obscuring views of the site when looking east. This strong blackcloth presents a landscape edge which, through its own visual harshness, visually softens the Wind Farm LCT and by nature, the proposed turbine on the landscape.

6.32 In terms of the required aviation lighting (for all on shore structures over 150m), this lighting is required to identify the turbines from the air and the lights are therefore directed upwards which helps minimise their impact upon the surrounding landscape at night. It is considered that the proposed lighting, whilst it would be visible, within the landscape, would not have a significantly adverse effect on the landscape or any communities or single, residential properties. Whilst the lights will be visible they will only be seen when dark by residential receptors and primarily from external areas such as gardens, which tend not to be used when dark which again limits the potential to have a detrimental visual impact. The application site is not within an area designated as a ‘dark sky’ and the settlement of Blackwood and the M74 are constant sources of night time illumination within the surrounding area. Environmental Services are content with the proposed lighting and do not have any issues with it in relation to residential amenity. It is considered that the proposed aviation lighting will have a negligible effect on the surrounding landscape. Therefore, on balance, the overriding safety requirement for the lighting is greater than the negligible effect the lighting would have on the night time landscape.

6.33 In terms of other cumulative visual impacts, as noted, there are several adjacent turbines. These turbines are significantly smaller in scale (all approximately 119/ 120m to tip height). Whilst it is considered that there is an adequate separation distance from the existing turbines within the Wind Farm LCT it is noted that perspective would visually reduce the height of the proposed turbine in relation to these turbines so that when viewed from a distance the proposed turbine would appear in proportion with the existing turbines, albeit it would not be as close as the viewer would perceive. This minimises visual confusion and allows the proposed turbine to be viewed in the context of this cluster. With regard to the 2 nearest turbines on Draffanmarshill Farm, there would be a reduced effect through perspective. The proposed turbine has, therefore, been sited on lower ground than these 2 turbines (8m and 5m respectively) which would help reduce the difference in scale but only to the degree of the lower ground and the limited perspective relative to the distances between the turbines. It is, therefore, proposed that the turbine, whilst taller, would be of the same make and model as the 2 existing turbines. As noted in the Addendum, similarity of turbines creates a sense of uniformity that limits visual confusion and results in an appearance of planned development. It is therefore considered that use of the same model of turbine, whilst taller would support this uniform effect and help these turbines being read together which would again minimise its visual impact.

126 6.34 As well as landscape and visual impacts in the broader sense, there is the requirement to carry out an assessment in relation to residential visual amenity. As noted in paragraph 6.13 above, SPP notes that an indicative 2km ‘buffer’ around communities is advisable and turbine development within 2 km of a settlement will be required to demonstrate that any significant effects on the qualities of these areas can be substantially overcome by siting, design or other mitigation. The separation is not a ban on wind energy development in the identified area. There is one settlement within 2km of the proposed turbine which is Blackwood which lies approximately 1.5km to the south of the application site. It is considered that, whilst not the indicative 2km, 1.5km is still a suitable distance to minimise the visual effects the turbine may have on the settlement of Blackwood.

The turbine is directly to the north of Blackwood and, therefore, the main views of the proposal would be from residents located on the northern boundary of the settlement. Blackwood runs north to south and the northern boundary is one of the narrowest parts of the settlement which further minimises potential receptors in relation to the turbine. The turbine, whilst being visible form this northern edge of Blackwood, would again be viewed in the context of the Wind Farm LCT behind it. Therefore, the turbine would be viewed as part of this cluster which again softens its impact within views from Blackwood.

The turbine would be in front of the existing cluster and again distance would visually shorten the turbine in relation to this cluster so, from Blackwood, it would appear of a similar scale to the existing cluster. It is, therefore, considered that a relaxation in the 2km distance between communities is acceptable, in this instance, and that whilst the turbine would have a visual impact, it is one that is not of a significance to be considered detrimental to the visual amenity of the area. There are also several individual dwellinghouses (or plots with planning permission) within the surrounding area that would perceive a visual impact from the turbine. It is considered that the nearest residents (Draffanmarshill Farm) are approximately 490m away. It is considered that this distance which, in length, is approximately two and a half times the full height of the turbine, would result in the turbine having a visual impact but not one that would be considered too dominating to this property. It is also proposed to locate the turbine on lower ground from this property and whilst the level change is only approximately 5m it would still soften the proposal’s visual impact. The turbine, at these local distances, would stand out as being taller than the existing LCT cluster but it is considered, conversely when assessing landscape and visual impact on a very localised scale, that there would be less visual impact as the receptor is solely viewing the turbine on its own with a localised, open landscape. It is considered, therefore, that, whilst there will inevitably be visual impact from the proposed turbine, it does not result in a significantly adverse impact within the local area.

6.35 The impact of the proposed development on non-visual, residential amenity is considered below.

6.36 Impacts on communities and individual dwellings, including visual impact, residential amenity, noise and shadow flicker. The impact of the proposed development on communities and individual dwellings requires to be assessed in relation to criteria 10 of Table 7 of SG. Criteria 10 contains 3 considerations which are; residential visual amenity, noise and shadow flicker. It is considered that residential visual amenity has been assessed in paragraph 6.24 to 6.34 above.

6.37 The impact on communities and individual dwellings in respect to shadow flicker and noise require to be assessed. A full noise assessment has been submitted as part of 127 the Environmental Appraisal (Chapter 9). The assessment demonstrates that acceptable noise emission limits can be met at all surrounding properties, including the applicant’s. Environmental Services raise no issues with the assessment and recommend that an appropriate condition can be attached which requires the noise limits to be validated, if consent is granted, to ensure the required levels are met. In addition, Environmental Services recommend, as part of this condition a requirement of a procedure in the event of there being a noise complaint from the proposed development that requires addressing. Shadow flicker is assessed at Chapter 11 of the Environmental Appraisal. The shadow flicker analysis within this Chapter modelled potential shadow flicker based on all properties 10 rotor diameters from the proposed turbine. The results of the flicker analysis showed there was potential for 3 receptors to encounter shadow flicker of up to approximately a maximum 8 hours in any one year as a direct result of the proposals with 1 receptor predicted to potential experience shadow flicker of up to approximately a maximum of 8 hours in any one year as a cumulative result of the proposed turbine in tandem with existing turbines. These predictions are well below any threshold for concerns relating to shadow flicker. Environmental Services agree with the methodology and results of the shadow flicker assessment and whilst they would agree that the results are well below any threshold of concern they are content that shadow flicker could be further minimised by the imposition of a strategy to ensure there is mitigation in place to counter any shadow flicker where possible. A condition forms part of the recommendation requiring a mitigation strategy to be approved and implemented when the turbine is operational.

6.38 Impacts on carbon rich soils and peat, using the carbon calculator. This consideration set out in criteria 2 of Table 7 of SG Renewable Energy and SPP has previously been assessed in paragraphs 6.18 and 6.21.

6.39 Impact on Public Access. This consideration set out at criteria 12 of Table 7 of the SG Renewable Energy aligns with Policy 15 Natural and Historic Environment of SLLDP and Policy NHE 18 in the SG Natural and Historic Environment which contains guidance on core paths and rights of way. The proposals do not affect any core paths or right of ways during construction or operation. It is therefore considered that the proposals are acceptable in relation to public access.

6.40 Impacts on the historic environment. A Cultural Heritage appraisal has been carried out as part of the application submission. It notes that there are no historical features within 2km of the application site. It is considered that a distance of over 2 km would minimise the proposed turbines potential for visual impact on the setting of any historical asset. It is therefore considered that there are no historic designations (Listed buildings, designed gardens and landscapes, scheduled ancient monuments or Conservation Areas) that would be directly or indirectly affected by the proposals. However, West of Scotland Archaeological Service (WOSAS) do state that there is potential for the site to have archaeological interest and therefore whilst they do not object to the proposals they advise that there is an opportunity for archaeological excavation prior to any construction works. WOSAS therefore advise that should permission be granted, a condition requiring a programme of archaeological works prior to construction should be attached to any permission. This has been included as part of the conditions in this recommendation.

6.41 Impacts on tourism and recreation. Within this area, this includes the Clyde Valley Walkway and the future intention to connect it to Biggar and elements of the National Cycling Network. Given the distance of the turbine from the Clyde Walkway and lack of available views to it, the impact of 128 the proposal on this walkway is negligible. The National Cycle Route 74 passes through Kirkmuirhill and then Tanhill, views from the route of the proposal would be brief and limited, it is considered there would be no significant adverse visual impact on the National Cycle Route. The closest core path to the site is CL/3253/1 along the edge of Upper Nethan Gorge Nature Reserve and this is a wooded walkway into the gorge area and views to the proposal will not be readily available. A wider network path runs through Draffanmarshill Farm and an aspirational core path runs between East Draffan Woodland and Broomfield Farm. It is considered that, whilst users of these paths would experience views of the turbine, they would be read in relation to the existing surrounding turbines as well as the M74 providing a strong urban visual boundary and, therefore, these existing elements would minimise any visual impact an additional turbine would have on users of the path network.

6.42 Impact on road traffic and on trunk roads. It is proposed to follow the same delivery route as the 2 previous turbines (CL/12/0300 and CL/16/0138). Roads (Development Management) have no objections to the principle of the proposed route. The turbine components would be larger than those previously transported onto site and, therefore, Roads (Development Management) have requested further information to demonstrate that the larger loads could be delivered onto site. This information would include a demonstration run of the route as well as a Transport Management Plan and swept path analysis. These requirements form conditions within the recommendation. A financial contribution to the damage the abnormal loads would have on the unclassified road network will also be required. This would be secured by a legal agreement.

6.43 Impacts on hydrology, water environment and flood risk This consideration covers criteria 18 of Table 7 of the SG Renewable Energy as well as reflecting the criteria of SLLDP Policy17 ‘The water environment and flooding’. The application site is not on land identified as being at risk of flooding and whilst there is potential risk of spillages during the construction phase which could affect the surrounding water table it is considered that a condition ensuring the implementation of a Construction Environmental Management Plan (CEMP) would mitigate against this. It is, therefore, considered that, subject to a condition requiring a CEMP the proposals would not have a significant, adverse impact upon the water environment. This has been included as part of the conditions in this recommendation.

6.44 Decommissioning and restoration. This consideration requires a plan for decommissioning and restoration of the proposed development to be robust and any consent granted will require a decommissioning and restoration condition attached. The Environmental Appraisal sets out a brief summary of the decommissioning proposals which includes all components being removed from site and disposed of and/or recycled as appropriate, and in accordance with regulations in place at that time. If required, exposed parts of the concrete turbine foundations would be covered over with soil and returned to agricultural land. It is considered that these are acceptable restoration proposals. It is prudent to require conditions relating to a detailed restoration plan and a restoration bond to ensure restoration will be carried out. It is, therefore, considered that, subject to these conditions, which are attached to this recommendation, the proposed development complies with criteria 19 and 21 of Table 7 of the SG Renewable Energy.

6.45 Opportunities for energy storage. The proposals are for a single wind turbine and, therefore, it is accepted that there is limited potential for battery storage as part of this development.

6.46 Site decommissioning and restoration bond. 129 As noted at paragraph 6.44 above, the Council considers that it should be a requirement of any permission that decommissioning and a restoration bond or financial guarantee should be put in place to meet all the expected costs of the proposed decommissioning and restoration phase. The bond or guarantee will have to satisfy the Council’s criteria.

6.47 Forestry and woodland removal. Criteria 22 of Table 7 of SG Renewable Energy requires the effect proposals may have on forestry and woodland to be fully assessed. There is no forestry or woodland being removed as part of these proposals.

6.48 Impact on Prime Agricultural Land. The application is only a small portion of a larger agricultural unit and it is therefore considered that there would be no impact on Prime Agricultural Land as part of these proposals.

6.49 Borrow pits. Criteria 24 of Table 7 of SG Renewable Energy requires borrow pits associated with windfarms to comply with the requirements in paragraph 243 of SPP. There are no borrow pits proposed as part of this application.

6.50 Environmental Protection Criteria 25 of Table 7 of SG Renewable Energy requires that all appropriate authorisations or licences under current environmental protection regimes must be obtained. Developers are required to ensure there is no impact on waste water and/or water assets which are above and/or underground in the area that may be affected by the proposed development. A condition requiring a CEMP forms part of this recommendation to ensure best practice is adhered to throughout the construction of the proposals.

6.51 Mitigation Criteria 27 of Table 7 of SG Renewable Energy requires the developer to demonstrate that appropriate mitigation measures will be applied. The recommendation contains robust and appropriate mitigation conditions should permission be given.

6.52 Legal agreement Criteria 28 of Table 7 of SG Renewable Energy requires, where appropriate the Council to enter into a legal agreement to address matters that cannot be controlled by planning condition. In this instance, a legal agreement to secure a community benefit payment (as discussed in paragraph 6.54 below) and for control over turbine transportation, including the repair of any damage to roads and other infrastructure arising from extraordinary wear and tear associated with the development, will be required to be entered into if planning permission is granted.

6.53 Environmental Impact Assessment (EIA) Criteria 29 of Table 7 of SG Renewable Energy requires all applications for all renewable energy developments which fall within the scope of the Environmental Assessment Legislation to be accompanied by an Environmental Statement. As noted in paragraph 2.2 above, the scale of the application does not constitute an EIA development.

6.54 Other considerations. The considerations set out at Table 7 of SG Renewable Energy and SPP at paragraph 169 are assessed above at paragraphs 6.11 to 6.53. In addition to this, another principle set out in the SG Renewable Energy at paragraph 2.10 and at SPP at 130 paragraph 173 relates to community benefit. SPP states that where a proposal is acceptable in land use terms, and consent is being granted, local authorities may wish to engage in negotiations to secure community benefit. The applicant has confirmed that, should consent for the proposed development be granted and implemented, the applicant will provide a package of community benefit including community part ownership (through the Lesmahagow Development Trust).

Conclusion 6.55 In conclusion, it is considered that the proposed turbine would not have any significant, adverse impact in relation to the environment, residential amenity, landscape and visual impact, the historic environment and the road network subject to the recommended suite of planning conditions and a legal agreement to secure planning obligations in relation to the road network and community benefits.

7 Reasons for Decision 7.1 The proposed development will not adversely impact upon residential or visual amenity and/or the landscape and character of the surrounding area. The proposed development complies with National Policy and the provisions of Policies 2, 3, 4, 15, 17 and 19 of the adopted South Lanarkshire Local Development Plan and Policies RE1 and RE2 of the relevant associated Supplementary Guidance.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 27 November 2019

Previous references  CL/12/0300  CL/16/0138

► Consultations Coal Authority Planning Local Authority Liaison Dept 18.09.2019 Roads Development Management Team 08.10.2019 Environmental Services 25.11.2019 BAA Glasgow 14.10.2019 MoD (Windfarms) 14.10.2019 National Air Traffic Services Ltd 23.09.2019 WOSAS 25.09.2019 SEPA Flooding 17.09.2019 Roads Flood Risk Management 20.09.2019

131 ► Representations Dated:

John Longmuir, CL Drainage 14.11.2019

Ms Rosemary Morison, By Email 31.10.2019

Kirsty Gilmour, Received By Email 05.11.2019

Gilmour Mackay, Tinto View, Burnhead Road, Larkhall, ML9 05.11.2019 2EH

Kirsty Burt, 18.10.2019

David Morrison, By Email 18.10.2019

Mr David Morrison, Newkayes Bungalow, Newkayes Road, 21.10.2019 Auchenheath, ML11 9KJ

Laura Renfrew, Burnhead Farm, Netherburn, ML9 3DQ 28.10.2019

Mr John Romanes, 17 Anderson St, Motherwell, ML11XL 29.10.2019

Susan Cunningham, Received Via Email 14.11.2019

Mrs A Lockhart, 78 Wilson Street, Larkhall, South Lanarkshire, 18.11.2019 ML9 2QB

Sarah McCrudden, 19.11.2019

Derek Gibb, Ar Taigh, Draffan Road, ML11 9PW 19.11.2019

Lesmahagow Development Trust, 19.11.2019

Hamilton Contracting Services Ltd, Low Lanrigg Farm, 19.11.2019 Stonehouse, ML9 3PS

Ken MacVicar, East Draffan Farm, Lesmahagow, ML11 9PW 15.11.2019

David Gavigan, Rural Centre - West Mains, Ingliston, 15.11.2019 Newbridge, Midlothian, EH28 8LT

Sophie Lane-Keery, 25 High Street, Dunfriesshire, DG11 2JL 15.11.2019

Susan Cunningham, Secretary, Lesmahagow Young Farmers, 18.11.2019 4 Station Road, Lesmahagow, ML11 0DG

Miss Susan Morton, Ar Taigh, Draffan Road, Lanark, South 19.11.2019 Lanarkshire, ML11 9PW

Mrs Margaret Stuart, 36 Miller Street, Larkhall, South 29.10.2019 Lanarkshire, ML9 2HL

Miss Darren John Japp, 49 Broomfield Street, Netherburn, 21.11.2019 Larkhall, South Lanarkshire, ML9 3BX 21.11.2019 21.11.2019 132 Miss Lorna Cannon, 66 Craignethan Crescent, Netherburn, 21.11.2019 Larkhall, South Lanarkshire, ML9 3BY 21.11.2019

Mrs Jacqueline Lockhart, 32 Broomfield Street, Netherburn, 21.11.2019 Larkhall, South Lanarkshire, ML9 3BX

Ms Sharon Zaman, Aranyani, School Road, Carmichael 30.10.2019 Biggar, South Lanarkshire, ML12 6PG

James Martin, Rec'd Via E-mail 16.10.2019

Keith Martin, Draffanmuir, Netherburn 10.10.2019

James Ireland, Feoch, Darvel , Ayrshire, KA17 0NF 18.11.2019

James Ireland, 19.11.2019

Scottish Association Of Young Farmers Club, 19.11.2019

Ms NJ Clancy, 19.11.2019

Alexander Renfrew, Received By Email 04.11.2019

Canfdersider Accordion and Fiddle Club 27.11.2019

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: [email protected]

133 Detailed planning application

Paper apart – Application number: P/19/1258

Conditions and reasons

01. That consent is granted for a period from the date of this consent until 25 years from the date of final commissioning of the development. No later than 5 years prior to the end of said 25 year period, the decommissioning scheme referred to in condition 36 of this consent shall be submitted to and approved in writing by the planning authority. Written confirmation of the date of commencement of Phase 1 felling and thereafter the date of commencement of development shall be supplied in writing to the Planning Authority and the date of commencement of the development shall be no later than 5 years from the date of this consent.

Reason: To comply with section 58 of the Town and Country Planning (Scotland) Act 1997, as amended.

02. At least one month prior to the commencement of the development, a guarantee to cover all site restoration and aftercare liabilities imposed on the expiry of this consent will be submitted for the written approval of the planning authority. Such guarantee must:- i. be granted in favour of the planning authority ii. be granted by a bank or other institution which is of sound financial standing and capable of fulfilling the obligations under the guarantee; iii. be for an amount which covers the value of all site restoration and aftercare liabilities as determined by the planning authority at the commencement of development iv. contain provisions so that all the site restoration and aftercare liabilities as determined at the commencement of development shall be increased on each fifth anniversary of the date of this consent. v. come into effect on or before the date of commencement of development, and expire no earlier than 24 months after the end of the aftercare period. No work shall begin at the site with the exception of Phase 1 felling until (1) written approval of the Planning Authority has been given to the terms of such guarantee and (2) thereafter the validly executed guarantee has been delivered to the planning authority. In the event that the guarantee becomes invalid for any reason, no operations will be carried out on site until a replacement guarantee completed in accordance with the terms of this condition is lodged with the Planning Authority.

Reason: In the interests of amenity and in order to retain effective planning control.

03. Prior to delivery of turbines details of the confirmed turbine colour, height and manufacture, including illustrations as well as details of size, shall be submitted to, and approved in writing by, the Planning Authority. The turbine: i) Shall have no large 'logos' or other symbols or writing unless for reasons of health and safety or as agreed in writing by the Planning Authority.

Only the approved type shall be installed.

Reason: In order to retain effective planning control

04. 1.0 Noise Immission

134 a) In Accordance with ETSU- R- 97 The day time noise (7am to 11pm) from the wind turbine shall not exceed a noise level of 35dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10m height as measured within the site. b) In Accordance with ETSU- R- 97 The cumulative day time noise (7am to 11pm) from the wind turbines must not exceed a noise level of 40dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10m height as measured within the site. This is based on Greencat Renewables Environmental Appraisal August 2019 c) The night time noise The night time noise (11pm to 7am) from the wind turbines must not exceed a noise level of 43dB LA90 (10 min) or background LA90 (10 min) +5dB, whichever is the greater, at the boundary of the curtilage of any noise sensitive premises at all times at wind speeds of up to 12 metres per second at 10m height as measured within the site. d) Financial Involvement The noise limits set out above are increased to 45 dB LA90, or the relevant ETSU-R- 97 derived "day time" or the "night time" noise limit based on the measured background noise levels plus 5dB(A), whichever is the greater, at any noise sensitive premises having a financial involvement with the wind farm. The applicant must confirm the location of any such premises prior to development.

2.0 Tonal Contribution

Where the tonal noise emitted by the development exceeds the threshold of audibility by between 2dB and 6.5dB or greater, then the acceptable noise specified in conditions 1 shall be reduced by the penalty level identified within section 28 of 'The Assessment and rating of Noise from Wind Farms- ETSU-R-97 (See figure below). The definition of audibility for the purposes of this condition shall be as described in ETSU-R-97. The penalty shall only apply at properties where the tonal noise is measured and shall only relate to the wind speeds at which the tonal noise occurs at.

3.0 Investigation of Complaints

At the reasonable request of the Planning Authority and following a complaint to it relating to noise imissions arising from the operation of the wind turbine or wind farm, the wind turbine operator shall appoint an independent noise consultant, whose appointment shall require to be approved by the Planning Authority, to measure the level of noise imission from the wind farm at the property to which the complaint related. The measurement and calculation of noise levels shall be undertaken in accordance with ETSU-R-97 having regard to paragraphs 1 to 3 and 5 to 11 inclusive of the schedule on Pages 95 to 97 inclusive, and Supplementary Guidance Notes to the Planning Obligation pages 99 to 109 of ETSU-R-97. The Planning Authority shall inform the wind turbine operator whether the noise giving rise to the complaint contains or is likely to contain a tonal component or an amplitude modulation. Where an assessment of any noise impact is, in the opinion of the Planning Authority acting reasonably, is found to be in breach of the noise limits the wind turbine operator shall carry out mitigation measures to remediate the breach so caused. Details of any such mitigation measures required are to be submitted to the Planning Authority for prior approval. In the event of amplitude modulation being established, the wind turbine operator shall implement suitable mitigation consistent with best available technology 135 to the satisfaction of the Planning Authority. At this time this would be in keeping with the Institute of Acoustics, IOA Noise Working Group (Wind Turbine Noise) Final Report, A Method for Rating Amplitude Modulation in Wind Turbine Noise, 9 August 2016, Version 1. Thereafter the approved mitigation measures require to be implemented within the timescales agreed.

Reason: In the interests of residential amenity

05. That before any work starts on site a full strategy for the mitigation of potential shadow flicker as outlined within Chapter 11 of Volume 1 Environmental Appraisal (August 2019) shall be submitted for the written approval of the Council, as Planning Authority. Once approved the strategy shall be fully implemented for the lifetime of the development, hereby approved. For the avoidance of doubt the strategy shall take full cognisance of the Department of Energy and Climate Change document 'Update of UK Shadow Flicker Evidence Base'.

Reason: In the interests of residential amenity.

06. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; such drainage arrangements will require to comply with the principles of sustainable urban drainage systems and with the Council's Sustainable Drainage Design and Flood Risk Assessment Criteria and shall include signed appendices as required. 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.

07. That before any work starts on site, a written scheme of archaeological investigation and programme of archaeological works shall be submitted for the written approval of the Council, as Planning Authority in consultation with WOSAS. Once approved the programme archaeological works shall be implemented fully prior to any other development starting on site.

Reason: In the interests of archaeology

08. No later than 5 years prior to the end of the period of this planning permission, or by such date later as may be agreed by the Planning Authority, the applicant shall submit a Restoration and Aftercare Plan including a method statement for the decommissioning of the wind turbine and the restoration of the application site for the approval of the Planning Authority. Decommissioning in accordance with the approved method statement shall be completed within 24 months of the end of the period of this planning permission or any alternative timescale agreed with the Planning Authority in writing and shall include the dismantling and removal from the site of all turbines, buildings and ancillary development.

Reason: To ensure control of the restoration of the site.

09. Within 24 months of the end of the period of this permission (unless a further permission is granted) the wind turbine, ancillary equipment and substation building shall be dismantled and removed from the site and the land shall be restored and 136 subject to aftercare, in accordance with the Restoration Plan and Aftercare Scheme referred to in Condition 8.

Reason: In order to retain effective planning control

10. No development work shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved by the Council, as Planning Authority. The CEMP shall be submitted a minimum of 2 months prior to works commencing on site and shall incorporate "good practice" methods from the Scottish UK wind farm industry to ensure that environmental impacts are reduced. Thereafter, all the measures described in the approved CEMP shall be implemented within the timescales set out. The method statement shall include the following: a) A plan of the construction operations at an appropriate scale; b) A plan to an appropriate scale showing the location of any contractor's site compound and laydown areas required temporarily in connection with the construction of the development. c) Method of defining track route and; d) Track design approach e) A management plan for minimising the emission of dust from the construction and operation of the development. f) A coloured plan showing the sustainable drainage apparatus serving the application site together with the contact name and emergency telephone number of the party responsible for its future maintenance. Details of the future maintenance regime in accordance with the latest Construction Design and Management (CDM) Regulations is to be provided on this drawing. g) A description of and measures to mitigate impact on surface water courses, hydrology, and private water supplies. h) Measures to be taken to ensure that the work does not cause mud, silt, or concrete to be washed away either during the construction stage or as a result of subsequent erosion. Where possible construction works shall avoid road construction during high periods of high rainfall. i) Details of the site security gate, wheel wash facility and site entrance hard standing for the written approval of the Planning Authority. All work associated with construction of the access gate, access bell mouth (with associated abnormal load over run area) and wheel wash facility, vehicle parking on site for staff, visitors and deliveries to ensure that all vehicles can manoeuvre within the site and exit in forward gear shall be implemented on site prior to commencement of any internal site works. Details for wheel wash facility to maintain the public road network clear of any mineral/soils throughout the construction period. j) A monitoring plan shall be submitted to the planning authority setting out the steps that shall be taken to monitor the environmental effects of the development, including the effects on noise and dust, during the construction phase and the operational phase. The methodology of such monitoring including locations frequency, gathering of information on background levels, etc shall be submitted to the planning authority for approval prior to the commencement of works on site. Thereafter, the plan shall be implemented to the satisfaction of the Planning Authority and the results of such monitoring shall be submitted to the planning authority on a 6 monthly basis, or on request.

Reason: To ensure compliance with all commitments made in the Environmental Statement and Supplementary Environmental Information and in order to retain effective planning control.

11. There shall be no development on site until a Traffic Management Plan shall be submitted to and approved in writing by the Planning Authority, in consultation with the 137 Roads Authority. The Plan shall include provision for a demonstration run of the abnormal load route, details of the number and type of all vehicles to be used during the delivery and construction of the turbine and its infrastructure, including for the removal of excavated material from the site; the proposed routes to be used; swept path analysis for the longest delivery vehicles and the total weights and individual axle loads of all heavy loads; the measures required for the transport of abnormal loads, including any temporary signage; and provisions for the reinstatement of or repair of road surfaces, verges or roadside features, by the operator, that have been damaged by construction traffic by means of pre and post development condition surveys (alternatively an upfront payment in lieu of extraordinary damages can be agreed). The Traffic Management Plan shall thereafter be implemented in full. The statement shall also include the following information: a) The intended turbine transportation route, timings and methodology. b) a Swept Path Analysis detailing over run areas for specialist loads, clarification of land agreements where improvements are required to third party land to facilitate road infrastructure and /or junction visibility splays, Include details of local improvements in the public road geometry and strengthening in order to provide the required transport corridor for these loads. c) All temporary works including relocation of signs, advanced warning signing details, guardrails, bollards, street furniture and all temporary measures. d) Any alteration to the public road network. e) Details of the construction compound including staff car parking and turning arrangements. f) Details of proposed signage during the delivery and construction period. g) Any necessary mitigation. h) Details on how the proposed wind farm will connect to the national grid, underground or overhead cabling from the site. i) Proposals to ensure that the Draffan Road is maintained clear of any mineral or mineral derived material, including soils, during the construction of the development. (j) A full topographical survey of the carriageway under the Draffan Underpass and a CAD model simulation. The topographical survey shall survey the carriageway under the Draffan underpass, approaches to the bridge and the bridge deck soffit. The CAD model simulation shall be based on the topographical survey and demonstrate the full length of the vehicle can pass safely through Draffan Underpass without coming into contact with the structure.

Reason: In the interests of road safety.

12. That before any work starts on site, a scheme of intrusive site investigations designed to assess ground conditions and any potential risks posed to the development by past shallow coal mining shall be submitted for the written approval of the Council as Planning Authority. Once approved, and prior to any other woks being allowed on site, the scheme of intrusive site investigations shall be carried out fully and a report of their findings including any required mitigation works shall be submitted for the written approval of the Council, as Planning Authority. Thereafter all mitigation works shall be carried out on site, again prior to any other works being allowed on site.

Reason: In the interests of the sites coal mining legacy.

13. That before any work starts on sites, details of any aviation lighting required by NATS or MoD shall be submitted for the written approval of the Council, as Planning Authority. The lighting shall thereafter be maintained as approved for the lifetime of the development, hereby approved.

Reason: In the interests of visual amenity 138

14. That before any work starts on site, evidence detailing that NATS have removed their objection and the developer has carried out the required radar mitigation solution shall be provided to the satisfaction of the Council as Planning Authority.

Reason: In the interests of aviation safety

139

140 Agenda Item

Report 10

Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1393 Planning proposal: Erection of 49 flatted dwellings for use as social rented and sheltered accommodation with associated external works, parking and landscaping

1 Summary application information [purpose] Application type:• Detailed planning application Applicant: • Wilson Developments (Scotland) Ltd Location: • Murray House The Murray Road East Kilbride G75 0JY

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Darnton B3 Architecture ♦ Council Area/Ward: 07 East Kilbride Central South ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 4 - Development management and placemaking Policy 6 – General urban area/settlements Policy 14 - Green network and green space

Development management, placemaking and design supplementary guidance (2015) Policy DM1 - Design Policy DM13 – Development within general urban area/settlement

141 Green network and green space supplementary guidance (2015)

Proposed South Lanarkshire Local Development Plan 2 2018 Policy 3 - General Urban Areas Policy 5 - Development Management and Placemaking Policy 13 - Green Network and Greenspace Policy DM1 - New Development Design

South Lanarkshire Council Residential Design Guide

♦ Representation(s):

► 0 Objection Letters ► 0 Support Letters ► 0 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Environmental Services

Roads Flood Risk Management

Housing Services

Scottish Water

SEPA West Region

142

Planning Application Report

1 Application Site 1.1 The application site comprises the former Department of Work and Pensions offices at Murray House, The Murray Road, East Kilbride and an area of open space situated to the west of the building. The site is located within the Murray area of East Kilbride, to the south-east of East Kilbride town centre. The existing building is predominantly two storeys in height, however, it includes a higher service section towards the north of the building. The building is currently unoccupied and has fallen into a state of considerable disrepair. The site extends to approximately 0.5 hectares in size.

1.2 The site is bounded to the north by a hotel and associated bar and restaurant, to the south by a commercial building which is currently used as a children’s nursery, to the east by Brunel Way with industrial properties forming part of the Scottish Enterprise Technology Park located further to the east and to the west by a further area of public open space and The Murray Road. Vehicular access to the site is taken from the south-east via Brunel Way with pedestrian access being taken from the west via The Murray Road. There is a notable downward slope throughout the site from west to east, which includes a particularly steep downward slope across the area of open space towards the west of the site.

2 Proposal(s) 2.1 Planning permission is sought by Wilson Developments (Scotland) Ltd on behalf of East Kilbride Housing Association, to construct a four storey courtyard style flatted residential development comprising 49 residential units within the site. The entire development would form social rented housing with 10 sheltered accommodation units being provided on the ground floor and a mix of one, two and three bedroom flats being provided in the remainder of the development. The existing building would be removed in its entirety to facilitate the new development.

2.2 The proposed development would project closer to The Murray Road than the existing building, utilising part of the existing open space area at the west of the site. The remainder of the open space within the application site would be regraded and improved to allow enhanced pedestrian access to both the open space and the proposed residential development. An area of amenity space would also be provided within the courtyard of the proposed development to serve the proposed residential properties.

2.3 Vehicular access would continue to be provided via Brunel Way utilising the existing access point at the south-eastern corner of the site. Within the development, new car parking areas as well as bicycle, buggy and refuse storage areas would be provided to serve the development.

3 Background 3.1 Local Plan Status

3.1.1 With regard to the South Lanarkshire Local Development Plan (adopted 2015) the majority of the site falls within the general urban area of East Kilbride as designated by Policy 6 - General urban area/settlements. The remaining area to the west of the existing building is designated as priority green space under Policy 14. In addition,

143 the policy and guidance contained within Policy 4 – Development management and placemaking, the Supplementary Guidance document on Development Management, Placemaking and Design and the document on Green Network and Greenspaces are of relevance to the proposed development.

3.2 Planning Background 3.2.1 There is no planning site history of relevance to the current planning application.

4 Consultation(s)

4.1 Roads and Transportation Services (East Kilbride Area) – initially deferred their decision and requested clarification with regard to the provision of appropriately sized car parking spaces and a suitable vehicular turning area within the site. Following the submission of the additional details, they confirmed that they have no objections to the proposed development subject to conditions relating to access, parking and visibility splay provision. Response: Noted. The requested conditions would be attached to any consent issued.

4.2 Roads and Transportation Services (Flood Risk Management Section) – offered no objections to the proposal subject to the Council's Sustainable Urban Drainage Systems (SUDS) design criteria being satisfied through the completion of a self-certification document. Response: Noted. The requested conditions would be attached to any consent issued.

4.3 Environmental Services – requested the provision of a Noise Assessment in respect of the proposed development. Following the submission of the required assessment, Environmental Services confirmed their satisfaction with the proposals subject to conditions relating to noise, dust and waste management on site. Response: Noted. The requested conditions would be attached to any consent issued.

4.4 Housing Services – noted that the site is included in the Strategic Housing Investment Plan (SHIP) as a priority site for affordable housing development and confirmed their support of the proposed development. Response: Noted

4.5 Scottish Water – offered no objections to the proposed development. Response: Noted.

4.6 SEPA West Region – offered no objections to the proposed development.

144 Response: Noted.

5 Representation(s) 5.1 Statutory neighbour notification was undertaken and the proposal was advertised in the local press for neighbour notification purposes and as development contrary to the development plan. However, no letters of representation were received in respect of the proposed development.

6 Assessment and Conclusions 6.1 Planning permission is sought by Wilson Developments (Scotland) Ltd on behalf of East Kilbride Housing Association, to construct a four storey courtyard style flatted residential development comprising 49 residential units on the site of Murray House, The Murray Road, East Kilbride. The entire development would form social rented housing with 10 sheltered accommodation units being provided on the ground floor and a mix of one, two and three bedroom flats being provided in the remainder of the development. The existing building would be removed in its entirety to facilitate the new development.

6.2 The determining issues in the assessment of this application are its compliance with local development plan policy as well as its impact on surrounding amenity. Under the terms of 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. In this case, the development plan framework against which the proposal requires to be assessed comprises the South Lanarkshire Local Development Plan (adopted 2015) and its associated supplementary guidance. The Proposed South Lanarkshire Local Development Plan 2 (2018) is also a material consideration in this instance.

6.3 In terms of the adopted local development plan, it is noted that the site is predominantly located in an area which is designated as part of the general urban area of East Kilbride by Policy 6 - General urban area/settlements. As such, the principle of the development of this area of the site for residential purposes accords with the provisions of the development plan, subject to the consideration of any site specific matters and amenity considerations.

6.4 It is noted that the western portion of the site, adjacent to The Murray Road, is located within an area designated as priority green space under Policy 14 - Green Network and Greenspace. This policy seeks to safeguard high quality green spaces and identify opportunities for enhancement or extension that can contribute positively to the local area. While the loss of entire areas of green space will not be supported, it may be possible to justify partial loss of such spaces where the following provisions apply:

- The retention or enhancement, including positive management of the areas to be retained can be best achieved by the redevelopment of part of the site which would not affect its function; - There is no significant adverse impact on the landscape character and amenity of the site and surrounding area; - There is no significant adverse impact on natural and/or built heritage resources, including Natura 2000 sites and protected species; - Compensatory provision of at least equal quality and accessibility is provided locally.

145

The criteria set out in Policy 14 are further supported by the associated Green Network and Greenspaces Supplementary Guidance document. With regard to the East Kilbride area, this document notes that green space areas serve as locations for play and recreation, provide a setting for adjacent residential areas and provide pedestrian access routes within the locality.

6.5 It is noted that a partial loss of an area identified as priority green space in the adopted plan is required in this instance to facilitate the proposed development. In this case, however, it is noted that the green space area in question is poor quality, is not well maintained and is not connected to the wider green network. The applicants have confirmed that, while some of the area would require to be developed, the remaining space would be regraded and improved in order to bring it into public use as part of the proposed development. Additionally, the proposed regrading of this area of ground would allow the provision of accessible access to both the proposed residential development and the retained open space areas. As it is proposed to retain and improve much of the green space area, it is considered that it would be possible for the development, as proposed, to be of benefit to the overall greenspace area.

6.6 Additionally, it is considered that the development would not significantly affect the landscape character of the area, or have any adverse impact on natural or built heritage resources. Furthermore, the applicants have demonstrated that the development would not adversely affect any protected species. However, in terms of the criteria set out in Policy 14, it is noted that no compensatory provision of public green space ground can be provided to replace the area that would be developed as part of the proposal. Therefore, although the development would be considered to have a positive overall impact on the green space within the site, the proposal is considered to be non-compliant with the provisions of Policy 14.

6.7 With regard to the specific design and layout of the proposed development, Policy 4 – Development Management and Placemaking requires all proposals to take account of and be integrated with the local context and built form. The policy states that development proposals should have no significant adverse impact on amenity or the local environment in planning terms. These requirements are further supported by Policies DM1 and DM13 of the associated supplementary guidance relating to development management, placemaking and design.

6.8 In this instance, extensive pre-application discussions were held between the applicants and the Planning Service to ensure that a development layout was provided that would take account of the surrounding streetscape and seek to preserve and enhance local amenity. The development layout submitted as part of the planning application generally conforms to the requirements set out at the pre- application stage. It is considered that the proposed development is of a high quality design incorporating a suitably high standard of materials that will allow it to complement the pattern of development in the surrounding area. The layout of the development as submitted is considered to be appropriate to the site in question and compliant with the standards set out in the Council's Residential Design Guide, particularly in relation to road and access layout, the density of the development, car parking provision and, in particular, provision of amenity and open space. Additionally, through the submission of a Noise Assessment as requested by the Council’s Environmental Services, it has been demonstrated that the proposed

146 development would not be unacceptably adversely impacted by road traffic noise or noise associated with non-residential uses in the vicinity of the site. As such, the proposal is, therefore, considered to be compliant with Policy 4 of the adopted Local Development Plan.

6.9 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The submission has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. However it is noted that, due to amendments to the Green Network and Greenspace policy from the adopted plan, the proposal does not conflict with any of the criteria of this policy as set out in the proposed plan. As such, it is considered that the submission fully accords with Policies 3, 5, 13 and DM1 in the proposed plan.

6.10 The proposal was advertised as Development Contrary to the Development Plan in the East Kilbride News as it constitutes a residential development partly located within an area identified as priority green space in the adopted South Lanarkshire Local Development Plan. The proposal has been fully assessed and I would recommend that planning permission is granted, contrary to the development plan, for the following reasons:

1. The proposal complies with Policies 4 and 6 of the South Lanarkshire Local Development Plan (adopted 2015) as well as Policies DM1 and DM13 of the associated Supplementary Guidance relating to Development management, placemaking and design; 2. The proposal would facilitate the enhancement of the areas of green space that would be retained within the site and would ensure that these areas contribute positively to the local environment; 3. The proposal is fully compliant with the Green Network and Greenspace policy as set out in the Proposed South Lanarkshire Local Development Plan 2. 4. There are no infrastructure issues.

7 Reasons for Decision 7.1 The proposal is an acceptable departure from the development plan for the reasons stated in paragraph 6.10 above.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 26 November 2019

Previous references  None

List of background papers ► Application form ► Application plans

147 ► South Lanarkshire Local Development Plan 2015 (adopted) ► Proposed South Lanarkshire Development Plan 2 ► Neighbour notification letter dated 3 October 2019 ► Consultations Roads Development Management Team 26.11.2019 Environmental Services 26.11.2019 Roads Flood Risk Management 12.11.2019 Scottish Water 10.10.2019 SEPA West Region 16.10.2019 Housing Planning Consultations 25.10.2019 Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Declan King, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 01698 455049 Email: [email protected]

148 Detailed planning application

Paper apart – Application number: P/19/1393

Conditions and reasons

01. That before any development commences on site or before any materials are ordered or brought to the site, details and samples of all materials to be used as external finishes on the development shall be submitted to and approved by the Council as Planning Authority. The development shall thereafter be carried out in accordance with the approved details to the satisfaction of the Council as Planning Authority.

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

04. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include: (a) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details.

Reason: To ensure the appropriate provision of landscaping within the site.

05. That the approved landscaping scheme shall be completed to the satisfaction of the Council as Planning Authority during the first available planting season following occupation of the building(s) or completion of the development hereby approved, whichever is the sooner, and shall thereafter be maintained and replaced where necessary to the satisfaction of the Council.

149

Reason: In the interests of the visual amenity of the area.

06. That before the development hereby approved is completed or brought into use, a visibility splay of 2.5 metres by 43 metres measured from the road channel shall be provided on both sides of the vehicular access and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines.

Reason: In the interests of traffic and public safety.

07. That before the development hereby approved is completed or brought into use, all of the parking spaces shown on the approved drawings shall be laid out, constructed and thereafter maintained as detailed on the drawings submitted and to the specification of the Council as Roads and Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

08. That before the development hereby approved is completed or brought into use, a turning space shall be provided within the site to the specification and satisfaction of the Council as Roads and Planning Authority to enable vehicles to enter and leave the application site in forward gears at all times.

Reason: In the interests of traffic and public safety.

09. That, before the development hereby approved is completed or brought into use, an appropriate system of site drainage shall be provided to the specification and satisfaction of the Council as Roads and Planning Authority to prevent surface water flowing onto the public road.

Reason: In the interests of road safety.

10. That, during the construction phase associated with the development hereby approved:

- appropriate cleaning systems shall be put in place within the site to ensure mud and debris is not deposited on the public road. - appropriate wheel wash facilities/road cleaning regime shall be provided. - all vehicles shall be able to access and exit the site in forward gears, therefore a turning area shall be provided - sufficient parking shall be provided within the site boundary to accommodate all site staff / operatives parking requirements.

Before the commencement of works on site full details and plans detailing the above requirements shall be submitted to and approved by the Council as Roads and Planning Authority. Thereafter, the approved details shall be implemented on site to the satisfaction of the Council throughout the construction phase.

Reason: In the interests of road safety.

150 11. That no development shall commence until details of surface water drainage arrangements (including provision of a flood risk assessment, drainage assessment and maintenance responsibilities) have been submitted to and approved in writing by the Council as Planning Authority; 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 requirements (Appendices 1,2,3,4 & 5).

Reason: To ensure the provision of appropriate surface water drainage arrangements associated with the development.

12. That the development hereby approved shall be completed or brought into use until all surface water drainage works have been completed in accordance with the details submitted to and approved by the Council as Planning Authority, under the terms of Condition 11 above.

Reason: To ensure the provision of appropriate surface water drainage arrangements associated with the development.

13. That the recommendations of the Noise Assessment report submitted in respect of the development undertaken by New Acoustics and dated November 2019 shall be implemented in full on site as part of the construction works hereby approved and shall thereafter continue to be implemented to the satisfaction of the Council as Planning Authority.

Reason: To safeguard the residential amenity of the area.

14. That, within 26 weeks of the granting of planning consent, the business operator shall submit to the Local Planning Authority a proposed independent consultant who shall undertake compliance and validation measurements to demonstrate compliance with (the noise conditions above). The measurements shall be carried out in accordance with BS4142:2014 - Methods of rating and assessing industrial and commercial sound (with respect to current best practice). This shall demonstrate that the projections as detailed within Noise Impact Reports are reliable and meet with noise conditions.

Reason: To safeguard the environmental amenity of the area.

15. Details of facilities for the storage of refuse within the proposed development, including the design, location and access for uplift, shall be submitted to and approved in writing by the Council as Planning Authority. No dwellings shall be occupied until the facilities for the storage of waste have been provided within the proposed development, in accordance with the approved scheme.

Reason: To safeguard the amenity of the area.

16. Prior to development commencing on site, a scheme for the control and mitigation of dust shall be submitted to and approved in writing by the Council as Planning Authority. No changes to the approved scheme shall take place unless agreed in writing by the Council as Planning Authority. The scheme shall thereafter be implemented in accordance with a programme to be agreed in writing with the Council as Planning Authority.

151

Reason: To safeguard the amenity of the area.

17. No piling works shall be carried out until a method statement has been submitted to and approved in writing by the Planning Authority. This statement shall include an assessment of the impact of the piling on surrounding properties, taking into account the guidance contained in BS 6472: 1992 'Evaluation of human exposure to vibration in buildings'. It shall detail any procedures which are proposed to minimise the impact of noise and vibration on the occupants of surrounding properties. This statement shall be prepared by a suitably qualified person, and the piling works shall thereafter be carried out in accordance with the approved method statement.

Reason: To minimise noise, vibration and disturbance to neighbouring residents/occupants during construction.

18. That no development shall commence on site until the applicant provides written confirmation from Scottish Water to the Council as Planning Authority that the site can be satisfactorily served by a sewerage scheme designed in accordance with Scottish Water's standards.

Reason: To safeguard the amenity of the area.

19 That, before the development hereby approved is completed or brought into use, a 2m footway from the public road to the proposed pedestrian crossing point associated with the development shall be provided. In addition, pedestrian drop kerbs (maximum 6mm upstand) shall be provided either side of the pedestrian crossing point, all to the specification and satisfaction of the Council as Roads and Planning Authority.

Reason: In the interests of road safety.

20. Prior to commencement of construction activities a detailed report identifying the proposed noise impact in respect of construction noise at the nearest noise sensitive receptors in accordance with relevant British Standards shall be submitted to and approved by the Council. The emissions at the noise sensitive receptors shall be cumulative and shall include mobile and stationary plant and equipment as well as noise from any haul roads on site. Corrections shall be made for variables such as the operating time and the relative cumulative impact value and shall be corrected for attenuation as an LAeq.1hr to be compared with either the pre-existing background level or using the ABC table within the British Standard. The approved details shall thereafter be implemented on site throughout the construction phase to the satisfaction of the Council as Planning Authority.

Reason: To safeguard the amenity of the area.

152

153

154 Agenda Item

Report 11 Report to: Planning Committee Date of Meeting: 17th December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/1203 Planning proposal: Change of use of former university accommodation (Caird Building) to student accommodation (110 bed spaces and associated communal facilities) with associated alterations and the erection of a four storey building to provide 96 bed spaces with associated parking

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Mr Andrew Lusk Location: • Caird Centre Caird Park Hamilton Business Park Hamilton South Lanarkshire ML3 0EU [1purpose] 2 Recommendation(s)

2.1 The Committee is asked to approve the following recommendation(s):- (1) Grant detailed planning permission (subject to conditions – based on conditions attached) [1recs] 2.2 Other Actions/Notes (1) The Planning Committee has delegated powers to determine this application. 3 Other Information o Applicant’s Agent: Craigie Property Investments Ltd o Council Area/Ward: 17 Hamilton North and East o Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 1 - Spatial Strategy Policy 2 - Climate Change Policy 4 - Development Management and Place Making Policy 6 - General Urban Area/Settlements Policy 16 - Travel and Transport Policy 17 - Water Environment and Flooding

Development Management, Place Making and Design Supplementary Guidance (2015)

155 Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) (2018) Policy 1 - Spatial Strategy Policy 2 – Climate Change Policy 3 – General Urban Area/Settlements Policy 5 - Development Management and Place Making Policy 15 - Travel and Transport Policy 16 - Water Environment and Flooding Policy DM1 - New Development Design Policy SDCC2 - Flood Risk Policy SDCC3 - Sustainable Drainage Systems Policy SDCC4 - Sustainable Transport Policy DM15 - Water Supply Representation(s):

► 0 Objection Letters ► 0 Support Letters ► 2 Comment Letters

♦ Consultation(s):

WOSAS

Arboricultural Services

Roads Development Management Team

Environmental Services

Scottish Water

Estates Services - Housing and Technical Resources

Roads Flood Risk Management

SEPA Flooding

156 Planning Application Report

1 Application Site 1.1 The application relates to an area of land located to the north-west of Hamilton town centre. The site was previously utilised for educational use by the University of the West of Scotland (UWS) and extends to approximately 1.21 hectares. It is irregular in shape and relatively flat. The site incorporates former university accommodation in the form of a five storey office block (Caird Building), associated car parking and areas of vegetation, mainly groups of recently planted and small species trees.

1.2 The site is bounded by Caird Street, Caird Park and office premises to the north, land associated with the former University and office premises to the south, office premises to the east and Beckford Street and office premises to the west. Vehicular access to the site is currently via Caird Park and Beckford Street.

2 Proposal(s) 2.1 The applicant seeks detailed planning permission for a change of use of the former university accommodation contained within the Caird Building to student accommodation (110 bed spaces and associated communal facilities) with associated alterations in addition to the erection of a four storey building which would provide 96 bed spaces with associated parking. The proposed change of use of the existing building has been identified on the submitted plans and within the supporting Planning Statement as Phase 1/A and the proposed new building has been identified as Phase 1/B.

2.2 No external alterations are proposed for the works associated with the existing building. The new building would be four storeys in height incorporating a flat roof. It would be linear in shape and would be finished in a mixture of grey and black facing brick and cladding exterior walls and black UPVC or aluminium windows and doors. Two detached single storey buildings would be located to the rear of the building which would be used for general storage and the storage of bikes and bins.

2.3 The submitted layout shows the provision of 36 car parking spaces located to the front of the buildings. Access to the site would be via the existing access points off Beckford Street and Caird Park.

3 Background 3.1 Relevant Government Advice/Policy

3.1.1 In terms of national planning policy, 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. Planning Authorities are also required to promote the efficient use of land by directing development towards sites within existing settlements, where possible, in order to make effective use of existing infrastructure and service capacity.

3.2 Local Plan Status 3.2.1 In terms of local plan policy, the site is located within the general urban area in the adopted South Lanarkshire Local Development Plan (2015). The application site and associated proposal is affected by Policy 1 - Spatial Strategy, Policy 2 - Climate Change, Policy 4 - Development Management and Place Making, Policy 6 - Urban Area/Settlements, Policy 16 - Travel and Transport and Policy 17 - Water Environment and Flooding of the adopted South Lanarkshire Local Development Plan. The Development Management, Place Making and Design Supplementary Guidance (2015) is also relevant to the assessment of the application. The content of the above

157 policies and guidance and how they relate to the proposal is assessed in detail in Section 6 of this report.

3.2.2 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance, Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 3 – General Urban Area/Settlements, Policy 5 - Development Management and Place Making Policy, Policy 15 - Travel and Transport and Policy 16 - Water Environment and Flooding are relevant. Volume 2 of the Proposed Plan contains further policy guidance that will be used when assessing planning applications. In this instance, Policies DM1 - New Development Design, SDCC2 - Flood Risk, SDCC3 - Sustainable Drainage Systems, SDCC4 - Sustainable Transport and DM15 - Water Supply are relevant.

3.3 Planning Background 3.3.1 An application for planning permission in principle (HM/17/0488) was submitted by UWS and South Lanarkshire Council for a mixed use development incorporating residential dwellings, hotel, office, care home, retail, restaurant/cafe, open space and associated works and was approved by the Planning Committee on 13 February 2018, subject to the conclusion of a Section 75 Obligation to ensure that appropriate financial contributions are made at appropriate times during the development towards additional nursery, primary and secondary education accommodation, as appropriate, and the provision of affordable housing on site or by way of a commuted sum. The land associated with the current application is located within the northern area of the above application site.

3.3.2 A Proposal of Application Notice was submitted to the Council on 16 May 2017 in relation to a residential led mixed use development on the site in accordance with the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 (HM/17/X0250/NEW). The current application site is located within the northern area of the above site.

4 Consultation(s)

4.1 Roads Development Management Team – have no objection to the application. It is recommended that the car parking is provided at the front of Buildings 1/A and 1/B, with vehicular access from Caird Park and Beckford Street. There should also be three disabled spaces, making a total of 36 spaces. A minimum of 14 cycle spaces are required at Building 1/A and 12 cycle spaces at Building 1/B. Conditions should also be attached requiring the submission of a travel plan and a construction traffic management plan (TMP) outlining the routing of construction traffic, construction staff parking area and compound, and the location of wheel washing facilities. Response: Noted. Appropriately worded conditions would be attached to any consent to address the matters raised.

4.2 Roads and Transportation Services (Flood Risk Management Section) – have no objection to the application subject to the submission of a Flood Risk/Drainage Assessment and the Council’s Sustainable Urban Drainage Systems (SUDS) design criteria being satisfied through the completion of a self-certification document. Response: - Noted. Appropriately worded conditions would be attached to any consent to address the above matters.

158 4.3 Environmental Services – have no objection to the application subject to a condition restricting noise levels from the development to an acceptable level. Informatives advising the applicant of acceptable hours for audible construction activities at the site and matters relating to contamination, smoke control and licensable activities should also be attached to any consent granted. Response: - Noted. Appropriately worded conditions and informatives would be attached to any consent to address the matters raised.

4.4 SEPA (Flooding) - have no objection to the application. Response: - Noted.

4.5 Arboricultural Services – have no objection to the proposal subject to conditions to relating to landscaping and the suitable protection of any trees that are to be retained on site. Response: Noted. Appropriately worded conditions and informatives would be attached to any consent to address the matters raised.

4.6 Scottish Water – have no objection to the application and have advised that there is currently sufficient capacity to serve the proposed development in the Hamilton Waste Water Treatment Works. Response: Noted.

4.7 West of Scotland Archaeology Service (WOSAS) – the area occupies part of the site of the former Hamilton Barracks. Given the date and nature of the barracks complex, and the level of development on the site over the course of the 20th century, it is unlikely that any archaeological remains that may survive would be sufficiently well preserved or of such intrinsic significance as to warrant refusal of the application on archaeological grounds alone. The archaeological issues at this site can best be addressed through the attachment of an appropriate archaeological condition which requires that no development takes place within the site until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved by the Council and, thereafter, implemented and that all recording and recovery of archaeological resources within the site is undertaken to the satisfaction of the Council in consultation with West of Scotland Archaeology Service. Response:- Noted. Any consent would incorporate an appropriately worded condition to address the matters raised.

4.8 Estates Services - Housing and Technical Resources – have no objection to the application. Response: Noted.

5 Representation(s)

5.1 Statutory neighbour notification procedures were undertaken and two letters of representation have been received. The matters raised in the representations are summarised as follows.

(a) Given the extremely limited parking around Caird Park and the reduction in parking moving forward around Caird and Beckford Street(s), we would like to see development traffic access this site through Beckford Street only and not through Caird Park. The recent junction improvements at Bothwell Road and Caird Street left considerable debris in Caird Park and during this work a number of heavy vehicles delivering tar idled throughout the day in Caird Park which caused considerable noise pollution to our offices and hampered visibility for 159 traffic entering and leaving the area. Secondly, we would be keen that once the development is completed, vehicular access is solely through Beckford Street as when the building was previously Bell College, we struggled with students using our car park which led to verbal altercations on an almost daily basis with our tenants. Response: Roads and Transportation Services are satisfied that the use of both Caird Park and Beckford Street to access the proposed development is acceptable and that the proposal raises no access, parking or road safety issues. In terms of construction traffic, any consent would incorporate a condition requiring the submission of a construction Traffic Management Plan (TMP) for the Council’s further approval. The required TMP would outline the routing of construction traffic, construction staff parking area and compound, and the location of wheel washing facilities.

(b) Police Investigations & Review Commissioner (PIRC) have concerns that during the development work there will be an overlap into the main public car park on Caird Street and loss of parking spaces. Also the increase in traffic, during the works i.e. heavy vehicles coming and going may be an issue when accessing Hamilton Business Park and car park on Caird Street. As such we would request that all development traffic be directed through Beckford Street. Due to the nature of our work we need access to and from our offices in Hamilton and Bothwell House 24 hours a day. This will also mean vehicular access for our pool cars, which are parked in Hamilton Business Park, therefore, clear access onto Caird Street and onward to Bothwell Road and/or Douglas Street. Response: As discussed above, in terms of construction traffic, any consent granted would incorporate a condition requiring the submission of a construction Traffic Management Plan (TMP) for the Council’s further approval. The required TMP would outline the routing of construction traffic, construction staff parking area and compound, and the location of wheel washing facilities.

5.2 These letters have been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions

6.1 The applicant seeks detailed planning permission for a change of use of former university accommodation (Caird Building) to student accommodation (110 bed spaces and associated communal facilities) with associated alterations and the erection of a four storey building to provide 96 bed spaces with associated parking. The application has been submitted as the first phase of the re-development of the former University of the West of Scotland (UWS) site following the University’s decision to relocate its Hamilton campus to the Hamilton International Technology Park. As a result, the existing campus is now redundant and surplus to requirements. The determining issues in consideration of this application are its compliance with national and local plan policy and its impact on the amenity of adjacent properties and on the local road network.

6.2 In terms of national planning policy, 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. Planning Authorities are also required to promote the efficient use of land by directing development towards sites within existing settlements, where possible, in order to make effective use of existing infrastructure and service capacity. In this instance, the application involves the re-use of both a previously developed site and a previously occupied building and it is considered that the site’s redevelopment would have a positive impact on the built and natural environment. Furthermore, given the site’s 160 central location, the proposed development would be easily accessible by public transport and well integrated into existing walking and cycling networks. It is, therefore, considered that the proposal is in accordance with national planning policy.

6.3 In terms of local plan policy, the application site is located within the general urban area in the adopted South Lanarkshire Local Development Plan (2015). The application site and associated proposal is affected by Policy 1 - Spatial Strategy, Policy 2 - Climate Change, Policy 4 - Development Management and Place Making, Policy 6 - Urban Area/Settlements, Policy 16 - Travel and Transport and Policy 17 - Water Environment and Flooding of the adopted South Lanarkshire Local Development Plan. The Development Management, Place Making and Design Supplementary Guidance (2015) is also relevant to the assessment of the application.

6.4 Policy 1 encourages sustainable economic growth and regeneration, protection and enhancement of the built and natural environment and a move towards a low carbon economy. Policy 2 notes that proposals for new development must, where possible, seek to minimise and mitigate against the effects of climate change. As the first phase of a larger mixed use development, the proposal would form part of a development opportunity to enhance the built environment at this location. As discussed above, the application involves the re-use of both a previously developed site and a previously occupied building and it is considered that the site’s redevelopment would have a positive impact on the built and natural environment. In terms of sustainability, the site is within a central location where the proposed development would be easily accessible by public transport and well integrated into existing walking and cycling networks. It is, therefore, considered that the proposal meets the terms of the above policies.

6.5 Policy 6 states that within the urban areas and settlements identified on the proposals map, residential developments and those of an ancillary nature such as guest houses, children's nurseries, medical facilities, community uses, small scale retail or workshop units may be acceptable, provided they do not have a significant adverse effect on the amenity and character of the area. 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. The previous use of the site was for educational purposes and the proposed development is essentially residential in character. Therefore, it is considered that the proposal would not be detrimental to the amenity of existing properties in the area. On this basis, it is considered that the use of the site for student accommodation is acceptable and that it conforms with the above policy.

6.6 In terms of the detailed design of the development, Policy 4 requires new development to have due regard to the layout, form, design and local context of the area and to promote quality and sustainability in its design. In this instance, it is considered that the proposed layout for the development is acceptable. No exterior alterations are proposed in relation to the change of use of the existing Caird Building and the proposed four storey building is of modern high quality design with a suitably high standard of external materials. It is considered that the proposed development will be in keeping with the existing mix of residential, commercial and business development in the surrounding area and that the character and amenity of the area will not be impaired by reason of traffic generation, parking or visual intrusion. The proposal represents a sensitive re-use of both a previously developed site and building and it is considered that the re-development of the site will improve the visual and environmental quality of the area. The proposal is, therefore, considered to be in accordance with the terms of Policy 4.

161 6.7 Policy 16 - Travel and Transport seeks to ensure that development considers and, where appropriate, mitigates the resulting impacts of traffic growth and encourages sustainable transport options that take account of the need to provide proper provision for walking, cycling and public transport. In this regard, Roads and Transportation Services are satisfied that the proposal raises no access, parking or road safety issues. The proposal demonstrates the promotion of active travel with the inclusion of safe and direct walking and cycling routes through the site and alignment with routes to key destinations such as the train station, bus stops and the town centre. It is, therefore, considered that the proposal complies with Policy 16.

6.8 The proposal has been assessed by the relevant consultees in terms of Policy 17. With regard to flooding and surface water drainage, no adverse comments were raised by Roads and Transportation services subject to the inclusion of conditions requiring the submission of a flood risk/drainage assessment and the provision of a sustainable urban drainage system (SUDS) within the site. Scottish Water have also confirmed that they have no objections to the application and any consent issued would include a condition to ensure that the buildings are not occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards. It is, therefore, considered that the proposal is in accordance with the terms of Policy 17.

6.9 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new plan builds on the policies and proposals contained in the adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance, Policy 1 - Spatial Strategy, Policy 2 – Climate Change, Policy 3 – General Urban Area/Settlements, Policy 5 - Development Management and Place Making Policy, Policy 15 - Travel and Transport and Policy 16 - Water Environment and Flooding are relevant. Volume 2 of the Proposed Plan contains further policy guidance that will be used when assessing planning applications. In this instance, Policies DM1 - New Development Design, SDCC2 - Flood Risk, SDCC3 - Sustainable Drainage Systems, SDCC4 - Sustainable Transport and DM15 - Water Supply are relevant.

6.10 In summary, it is considered that the application for a change of use of former university accommodation (Caird Building) to student accommodation with associated alterations and the erection of a four storey building with associated parking is acceptable and that it complies with national and local plan policy. It is, therefore, recommended that detailed planning permission be granted subject to the conditions listed.

7 Reasons for Decision

7.1 The proposal would have no adverse impact on residential or visual amenity nor raise any environmental or infrastructure issues and complies with Policies 1, 2, 3, 4, 6, 16 and 17 of the adopted South Lanarkshire Local Development Plan and the Proposed Development Management, Place Making and Design Supplementary Guidance relating to ‘Design’. The proposal also complies with Policies 1, 2, 5, 15 and 16 and Policies DM1, SDCC2, SDCC3, SDCC4, DM15, of the Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2).

Michael McGlynn Executive Director (Community and Enterprise Resources)

162 Date: 21 November 2019

Previous references HM/17/0488 HM/17/X0250/NEW

List of background papers

► Application form ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Development Management, Place Making and Design Supplementary Guidance (2015) ► Proposed South Lanarkshire Development Plan 2 ► Neighbour notification letter dated 28 August 2019

► Consultations

WOSAS 29.08.2019 Arboricultural Services 18.11.2019 Roads Development Management Team 24.09.2019 Environmental Services 28.08.2019 Scottish Water 20.08.2019 Estates Services - Housing And Technical Resources 16.08.2019 Roads Flood Risk Management 16.09.2019 SEPA Flooding 19.08.2019

► Representations Dated:

PIRC, Hamilton House, Caird Park, Hamilton Business Park, 06.09.2019 Hamilton, South Lanarkshire, ML3 0QA

Mr Stuart Storrie, MediaCorp House, 2 Caird Park, Hamilton, ML3 30.08.2019 0EU

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: [email protected]

163 Detailed planning application

Paper apart – Application number: P/19/1203

Conditions and reasons

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

02. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; 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 signed appendices as required. 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.

03. That no development shall commence until a Flood Risk/Drainage Assessment and Independent Check have been submitted to and approved in writing by the Council as Planning Authority. This Assessment shall include confirmation that a suitable FFL is provided and procedures are considered to ensure access/egress can be obtained should flooding occur. The Assessment and Independent Check shall be carried out in accordance with the latest industry guidance listed within Section 4.0 of the Council's SuDS Design Criteria Guidance Note.

Reason: To demonstrate that a satisfactory means of waste and surface water drainage can be achieved.

04. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved in writing by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council in agreement with the West of Scotland Archaeology Service.

Reason: In order to safeguard any archaeological items of interest or finds.

05. That no development shall commence until details for the storage and the collection of waste arising from the proposed development have been submitted to and approved in writing by the Council as Planning Authority. Thereafter, the approved details shall be implemented and maintained to the satisfaction of the Council. 164

Reason: To safeguard the amenity of the area.

06. That no development shall commence until a scheme for the control and mitigation of dust has been submitted to and approved in writing by the Council as Planning Authority. Thereafter, the approved details shall be implemented to the satisfaction of the Council.

Reason: To safeguard the amenity of the area.

07. That no development shall commence until a feasibility report on the provision of a district heat network for the site has been submitted to and approved in writing by the Council as Planning Authority.

Reason: These details have not been submitted or approved.

08. That no development shall commence until a Traffic Management Plan (TMP) has been submitted to and approved in writing by the Council as Planning Authority. The TMP shall outline the routing of construction traffic, construction staff parking area and compound, and the location of wheel washing facilities.

Reason: In the interests of public safety.

09. That no development shall commence until a Travel Plan has been submitted to and approved in writing by the Council as Planning Authority. The Travel Plan is required to encourage residents to travel to work using sustainable modes of transport; walking, cycling, public transport or car sharing and should expand on the information relating to the proposed shuttle service that will operate from 6pm - 9pm.

Reason: To encourage the use of sustainable modes of transport.

10. That no development shall commence until an updated Proposed Parking Layout drawing showing the provision of 36 no. parking spaces (2.9m x 5.8m modules), including 3 three disabled spaces, has been submitted and approved in writing by the Council as Planning Authority. Thereafter, the required parking spaces shall be laid out, constructed and maintained to the specification of the Council as Planning and Roads Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

11. That before the development hereby approved is completed or brought into use, a minimum of 14 cycle spaces at Building 1/A and 12 cycle spaces at Building 1/B shall be shall be laid out, constructed and thereafter maintained to the specification of the Council as Roads and Planning Authority. These could be in the form of Sheffield stands (which each provide 2 spaces provided they are 1.0m apart) with a cover.

Reason: To ensure the provision of adequate cycle parking facilities within the site.

12. That between the hours of 0800 and 2000 the measured noise level emitted from the premises (LAeq (1hour)) shall not exceed the pre-existing background noise level (LA90 (1/2hour)) by more than 4dB (A) when measured in accordance with BS4142:1997 at buildings where people are likely to be affected. Between the hours of 2000 and 0800 the noise emitted from the premises (LAeq (5mins) ) shall not exceed the pre-existing background noise level (L A90 (1/2hour)) by more than 4dB(A) when

165 measured in accordance with BS4142:1997 at buildings where people are likely to be affected.

Reason: To safeguard the amenity of the area.

13. That before any work commences on the site, a scheme of landscaping shall be submitted to the Council as Planning Authority for written approval and it shall include: (a) an indication of all existing trees and hedgerows plus details of those to be retained and measures for their protection in the course of development; (b) details and specification of all trees, shrubs, grass mix, etc., including, where appropriate, the planting of fruit/apple trees; (c) details of any top-soiling or other treatment to the ground; (d) sections and other necessary details of any mounding, earthworks and hard landscaping; (e) proposals for the initial and future maintenance of the landscaped areas; (f) details of the phasing of these works; and no work shall be undertaken on the site until approval has been given to these details.

Reason: To ensure the appropriate provision of landscaping within the site.

Reason: In the interests of the visual amenity of the area.

15. That all trees to be retained within the site shall be fully protected during the period of construction and prior to any work commencing on the site, written details specifying the nature of such measures shall be submitted to and approved by the Council as Planning Authority. Existing trees to be retained must be protected in accordance with methods as set out in BS5837/2012 during and until completion of all site operations and building works.

Reason: To ensure that adequate steps are taken to protect existing trees on the site throughout the period of the proposed building operations.

16. That the development shall not be occupied until the site is served by a sewerage scheme constructed in accordance with Scottish Water standards and as approved by the Council as Planning Authority in consultation with Scottish Water as Sewerage Authority.

Reason: To ensure the provision of a satisfactory sewerage system.

166

167

168 Agenda Item

Report 12 Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/18/1671 Planning proposal: Erection of 18 detached dwellinghouses, formation of one residential plot and creation of associated play area, open space, access and SUDS arrangements

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Modern Housing Location: • Land 68M Southeast Of 21 Braidwood Road Braidwood Road Braidwood Carluke South Lanarkshire

[1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant detailed planning permission (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Alan Wilson ♦ Council Area/Ward: 01 Clydesdale West ♦ Policy Reference(s): South Lanarkshire Local Development Plan: Policy 2 Climate change South Lanarkshire Local Development Plan: Policy 4 Development management and placemaking South Lanarkshire Local Development Plan: Policy 6 General urban area/settlements South Lanarkshire Local Development Plan: Policy 12 Housing land Proposed SLDP2: Policy 2 Climate change Proposed SLDP2: Policy 3 General Urban Areas Proposed SLDP2: Policy 5 Development Management and Placemaking 169 Placemaking Proposed SLDP2: Policy 11 Housing

♦ Representation(s):

► 3 Objection Letters ► 0 Support Letters ► 1 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Roads Flood Risk Management

WOSAS

CER Play Provision Community Services

SEPA Flooding

Environmental Services

Coal Authority Planning Local Authority Liaison Dept

170

Planning Application Report

1 Application Site 1.1 The site extending to 1.52 hectares is located on Braidwood Road and falls within the settlement boundary of Lower Braidwood. Nursery buildings previously occupied the site, however, the land is now vacant and, until recently, was overgrown with a number of trees and shrubs located in the north and north-eastern portion of the site, although most of this vegetation has now been cleared. The land slopes downwards from the frontage of the site at Braidwood Road, to the rear of the site and downwards towards Beanshields Road.

1.2 The site is bounded to the west and south-west by a number of dwellinghouses and by Braidwood Primary School. The south-eastern edge of the site is bounded by open fields and an electrical sub-station and dense woodland bound the site to the northeast. The northern part of the site lies adjacent to Braidwood Road (B7056). A pond and grounds associated with Braidwood House are located on the opposite side of the road.

2 Proposal(s) 2.1 The applicant seeks detailed planning permission for the erection of 18 detached dwellings ranging from 4 to 5 bedroom units. The house types include a mix of 1.5 and 2 storey properties incorporating traditional and modern elements. The layout also includes the creation of one residential plot which would be developed as a self build plot. The proposal also includes associated roads, footpaths, amenity space, landscaping and a SUDS basin.

2.2 Access would be taken from Braidwoood Road and comprise a primary distributor road with secondary spurs around a play park which forms a focal point. The primary road terminates at a SUDS pond and small public amenity space in the north west corner of the site. It is proposed that this space will connect into the wider footpath network including providing an access to the primary school. Structural tree planting would be provided along the western and southern boundaries of the site.

2.3 As supporting documents, the applicant has submitted a Design Statement, Site investigation report, Flood Risk Assessment and Coal Mining Risk Assessment.

3 Background 3.1 Local Plan Status 3.1.1 The adopted South Lanarkshire Local Development Plan (SLLDP) identifies the site as being located within the settlement boundary of Lower Braidwood where Policy 6 - General urban area/settlements applies. The site is also identified as a proposed housing site within South Lanarkshire Council’s Housing Land Supply audit where Policy 12 – Housing Land is applicable.

3.1.2 Other relevant policies in the assessment of this application are: Policy 2 - Climate Change and Policy 4 - Development Management and Placemaking, together with Supplementary Guidance on Sustainable Development and Climate Change and Development Management, Placemaking and Design. The content of the above policies and how they relate to the proposal is addressed in detail in Section 6 of this report.

3.2 Relevant Government Advice/Policy 3.2.1 SPP advises that the planning system should identify a generous supply of land to support the achievement of housing land requirements and maintaining at least a 5 171 year supply of land at all times. It should also enable the development of well designed, energy efficient, good quality housing in sustainable locations and focus on the delivery of allocated sites. Planning should take every opportunity to create high quality places and direct development to the right places, whilst taking cognisance of the natural, built and historic environment.

3.3 Planning Background 3.3.1 Planning Permission CL/10/0271 for 25 dwellings was granted by the Planning Committee in February 2011 subject to the conclusion of a section 75 agreement to ensure the making of financial contributions towards upgrading community facilities in the area. The legal 75 agreement was not concluded and this led to the withdrawal of the planning application before a decision could be issued.

4 Consultation(s) 4.1 Roads and Transportation Services Development Management Team– raised no objections subject to conditions relating to a number of matters including access, visibility, footpath provision, drainage, parking spaces for construction staff, wheel washing facilities and a dilapidation survey. Response: Noted. Should consent be granted, conditions can be attached to cover these matters

4.2 The Coal Authority – the content and conclusions of the Mining Stability Report including the Coal Mining Risk Assessment are sufficient for the purposes of the planning system in demonstrating that the application site is, or can be made, safe and stable for the proposed development. However, further more detailed considerations of ground conditions, foundation design and gas protection measures may be required as part of any subsequent building warrant. Response: Noted.

4.3 Roads and Transportation Services HQ (Flooding Unit) – offer no objection subject to conditions requiring a flood risk assessment and a Sustainable Urban Drainage System (SUDS). Response: Noted. Should consent be granted, conditions can be attached to cover these matters.

4.4 Environmental Services – raised no objection subject to a number of conditions including a requirement to carry out a noise assessment of a neighbouring electricity sub-station and its impact upon the proposed dwellings along with noise mitigation measures, where necessary. Due to historic quarries surrounding the proposed development, a contaminated land site investigation is recommended. Other conditions cover waste storage and dust mitigation. Response: Noted. If permission is granted, appropriate conditions can be attached.

4.5 Community Facilities – have advised that the development of a ‘community park/garden’ around the SUDS facility is acceptable as long as there is a guarantee that this will be delivered. Response: The applicant proposes the formation of a small park available for public use which links into the footpath network and, for a relatively small development, this is considered acceptable and no further financial contributions are necessary. A condition would be attached to the consent, if granted, requiring the submission of a bond to guarantee the completion of the public park.

4.6 West of Scotland Archaeology Service – the site lies on the outskirts of Braidwood in an area which has proven potential for the survival of previously unrecorded archaeological remains. In this instance, the scale of the development is such that, 172 when taking account of the recent development history of the north-eastern part of the site, and the current uncertainty over the survival or otherwise of archaeological remains within the application area, the archaeological issues raised are unlikely to be so extensive or so serious as to preclude development should the Committee be minded to grant consent. In these circumstances, appropriate treatment of any surviving significant archaeology remains within the development footprint could be achieved through the implementation of appropriate mitigation measures. Therefore, an appropriate archaeological condition should be attached, so that any surviving archaeological remains on site can be identified and recorded in advance of construction. Response: Noted. If permission is granted the requested condition shall be attached.

4.7 SEPA – Initially objected until finished floor levels had been confirmed and cross and longitudinal sections had been submitted. The requested information has now been received and, having being considered by SEPA, they have confirmed the withdrawal of their objection. Response: Noted.

5 Representation(s) 5.1 Following the carrying out of statutory neighbour notification and the advertisement of the application in the Lanark Gazette for the non-notification of neighbours, 3 letters of objection were received. The issues raised are summarised as follows:

a) A second floor window of the proposed dwelling at Plot 13 will overlook the rear garden of the neighbouring property, 9 Loch Avenue. Response: The proposed dwelling at Plot 13 is orientated so that the windows do not directly face towards the existing neighbouring property.

b) The garden of Plot 13 extends beyond the north east fence line of 9 Loch Avenue encroaching past an access gate into the site. Response: The side gate referred accesses onto private land therefore this is a legal matter and not a relevant planning consideration.

c) The proposed dwelling at Plot 13 would result in the loss of sunlight to the rear garden of 9 Loch Avenue. Response: In considering the distance and orientation of the proposed dwelling relative to the objector’s house and the course of the sun throughout the day, it is concluded that the impact upon sunlight will not be significant.

d) The timeframe for making representation is unacceptable as the letter of notification about the proposed development was served on 20th December just before the holiday period when access to the Council offices was limited Response: Noted. The time frame for making representation has been set by planning acts. Notwithstanding this, the Council accepts and registers representations received after the expiry of the statutory notification period.

e) Traffic speeding along Braidwood Road – need some effective speed reduction measure. It would be irresponsible to build additional houses without tackling this problem. Response: This section of Braidwood Road which passes the application site is within a 30mph speed zone. There is already signage and speed activation alerting drivers to the speed restriction. The Police are responsible for dealing with contravention of the speed limit. Visibility onto Braidwood Road from the application site is deemed to be sufficient. There have been no recorded accidents along this section of the road. 173

f) Impact upon water flow which could cause flooding elsewhere. Response: The development will be served by SUDS to ensure surface water drainage is adequately managed within the site.

g) Impact upon wildlife – deer, foxes, badgers and many species of birds. Response: It is noted that this area has naturally regenerated since the nursery buildings were removed, however, it has been allocated as a proposed housing site in the South Lanarkshire Local Plan. The site is not a protected habitat and is of limited value to wildlife. There is suitable alternative habitat on neighbouring woodland and farmland.

h) Introduction of 18 dwellings will cause further congestion and possible accidents along Braidwood Road. Response: Roads have not raised any concerns about traffic and public safety.

5.2 These letters have been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions 6.1 The applicant seeks detailed planning consent for the erection of 18 dwellinghouses, the formation of a residential plot and associated infrastructure and open space at Braidwood Road, Lower Braidwood. The determining issues in considering this application are its compliance with the policies of the adopted South Lanarkshire Local Development Plan, the associated Supplementary Guidance and the Council’s Residential Development Guide, the impact on the amenity of the adjacent properties and surrounding area and road safety.

6.2 The application site is identified as part of the housing land supply in the adopted SLLDP and is included within the settlement boundary of Lower Braidwood. The residential development of the site positively contributes towards the Council’s requirement to maintain a five year effective supply of housing land provision. Furthermore, effective housing land within Braidwood meets the aims of Scottish Planning Policy by providing a sufficient and sustainable supply of housing within an existing residential area with access to services nearby. The proposal satisfactorily complies with aims of Policy 12 of the adopted local development plan and, therefore, the principle of the proposed development is acceptable.

6.3 The application site is located within the settlement boundary of Lower Braidwood as identified in the adopted SLLDP. Policy 6 - General Urban/Settlements and Policy 4 - Development Management and Place Making, together with the Development Management and Placemaking Supplementary Guidance, supports residential developments where they do not have a significant adverse effect on the amenity of the area. In addition, any new development must relate satisfactorily to adjacent and surrounding development in terms of scale, massing, materials and intensity of use. The character and amenity of the area must not be impaired by reason of traffic generation, parking, overshadowing, overlooking or visual intrusion.

6.4 Nearby, there are existing residential areas which contain houses of similar size and scale. The density and height of the proposal is similar to residential development in the locality and would visually integrate well with the existing pattern of development. The applicant has included sufficient open space to serve this scale of development. The design, mass, scale, height, size and materials of the dwellings are in keeping with their surroundings. Adequate garden space for the amenity of residents is proposed and there would not be an adverse impact on residential amenity due to 174 overlooking or overshadowing. The proposed access arrangement from Braidwood Road has been carefully assessed and is considered acceptable by the Roads and Transportation Service. Satisfactory car parking provision is provided for each dwellinghouse. The proposal also complies with the aims of the Councils Residential Design Guide.

6.5 In view of the above, it is considered that the proposal would relate satisfactorily to adjacent development, and the character and amenity of the residential area would not be impaired by reason of traffic generation, parking, visual intrusion or physical impact. The proposal is, therefore, satisfactory in terms of Policy 4 - Development Management and Place Making, Policy 6 - General Urban/Settlements, and the Development Management and Placemaking Supplementary Guidance of the adopted local development plan.

6.6 Policy 2, Climate Change, seeks to minimise and mitigate against the effects of climate change by considering criteria, including being sustainably located. The site is sustainably located within the settlement boundary of Lower Braidwood and is closely located to bus routes and nearby shops and services. A Flood Risk Assessment has demonstrated that the proposed dwellings are not affected by flooding from the water course which runs along the southern boundary and there are no infrastructure constraints. In consideration, the proposals would not undermine the objectives of the policy.

6.7 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. It is considered that the proposals accord with Policies 2, 3, 5 and 11 in the proposed plan.

6.8 In view of all of the above, and taking into account the current local development plan context and the supporting information submitted with the application, the proposal represents an appropriate form of residential development for the site and it is, therefore, recommended that detailed planning consent be granted subject to the conditions listed.

7 Reasons for Decision

7.1 The proposal complies with Policies 2, 4, 6 and 12 of the South Lanarkshire Local Development Plan and associated Supplementary Guidance and with policies in the Proposed South Lanarkshire Local Development Plan 2.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 26 November 2019

Previous references  None

List of background papers ► Application form 175 ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Proposed South Lanarkshire Development Plan 2 ► Neighbour notification letter dated 12 December 2018

► Consultations Roads Development Management Team 16.09.2019 Roads Flood Risk Management 05.02.2019 WOSAS 20.12.2018 CER Play Provision Community Services 10.01.2019 SEPA Flooding 22.10.2019

Environmental Services 29.01.2019 Coal Authority Planning Local Authority Liaison Dept 15.04.2019

► Representations Dated: Aileen Kennedy & Kenny Gair, 17 Braidwood Road, 10.01.2019 Braidwood, Carluke, South Lanarkshire, ML8 5PD

Mrs Mary Kydd, 3 Loch Avenue, Braidwood, Carluke, South 01.01.2019 Lanarkshire, ML8 5PB

M K Shepherd, 5 Loch Avenue, Braidwood, Carluke, ML8 08.01.2019 5PB

Mr Douglas And Mrs Sheila Fairbairn, 9 Loch Avenue , 07.01.2019 Braidwood, ML8 5PB

Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Ian Hamilton,Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 01698 455174 Email: [email protected]

176 Detailed planning application

Paper apart – Application number: P/18/1671

Conditions and reasons

Reason: To ensure the development is satisfactory in appearance and to maintain the visual quality of the area.

Reason: To ensure the appropriate provision of landscaping within the site.

Reason: In the interests of the visual amenity of the area.

06. That proposals for the maintenance of all areas of open space within the development shall be submitted to the Council as Planning Authority and no work on the site shall 177 be commenced until the permission of the Council has been granted for these proposals or such other proposals as may be acceptable.

Reason: In the interests of the visual amenity of the area.

07. That before any work commences on the site, a scheme for the provision of an equipped play area within the application site shall be submitted to the Council as Planning Authority for written approval and this shall include : (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area(s); and (d) details of the phasing of these works.

Reason: To ensure the provision of adequate play facilities within the site.

08. That prior to the completion or occupation of the 10th dwellinghouses within the development, all of the works required for the provision of equipped play area included in the scheme approved under the terms of Condition 07, shall be completed, and thereafter, that area shall not be used for any purpose other than as an equipped play area.

Reason: To ensure the provision of adequate play facilities within the site.

09. That no trees within the application site shall be lopped, topped, pollarded or felled, or otherwise affected, without the prior written consent of the Council as Planning Authority.

Reason: In the interests of amenity and to ensure the protection and maintenance of the existing trees within the site.

10. That prior to the commencement of the development, a guarantee to cover (a) the formation of the public park, detailed on the approved site layout (Drawing No: P759- SL-01E) and (b) the maintenance guarantee period after the completion of the public park will be submitted for the written approval the Planning Authority.

Such guarantee must:- i) be granted in favour of the Planning Authority ii) be granted by a bank or other institution which is of sound financial standing and capable of fulfilling the obligations under the guarantee; iii) be for an amount which covers the value of all the landscaping and maintenance works as determined by the Planning Authority ; iv) contain indexation provisions so that the value shall be increased on each anniversary of the date of this consent by the same percentage increase in the General Index of Retail Prices (All Items) exclusive of mortgage interest published by or on behalf of HM Government between the date hereof and such relevant anniversary, or other such indexation mechanism that may be agreed by the Planning Authority and v) come into effect on or before the date of commencement of development, and expire no earlier than a date later than the expiry of the maintenance guarantee period.

No work shall begin at the site until (1) written approval of the Planning Authority has been given to the terms of such guarantee and (2) thereafter the validly executed guarantee has been delivered to the Planning Authority.

178 In the event that the guarantee becomes invalid for any reason, the Planning Authority shall be informed as soon as practicable. No further development on site shall be carried out on site until a replacement guarantee completed in accordance with the terms of this condition is lodged with the Planning Authority.

Reason: To ensure the provision of a public park within the site.

11. That no development shall commence until details of surface water drainage arrangements have been submitted to and approved in writing by the Council as Planning Authority; 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 the following signed appendices: 1 'Sustainable drainage design compliance certificate' , 2 'Sustainable drainage design - independent check certificate' 3 'Flood risk assessment compliance certificate', 4 'Flood risk assessment - independent check certificate' and 5 'Confirmation of future maintenance of sustainable drainage apparatus' . 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.

12. That no dwellinghouse shall be occupied until the site is served by a sewerage scheme and water supply constructed to the specification and satisfaction of Scottish Water as Sewerage Authority.

Reason: To ensure that an appropriate sewerage system and water supply is provided.

13. 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 development shall take place within the fluvial flood extent (Drawing no: 121942/2002), covering the rear gardens of plots 8 - 12, identified in the Flood Risk Assessment (Fairhurst,May 2018) , other than that expressly authorised by this permission without the submission of a further planning application to the Council as Planning Authority.

Reason: To ensure that there will be no increased risk of flooding to land and properties either on-site or downstream due to impedance of flood flows, increased surface water run off and/or reduction of flood storage capacity.

14. The development shall adhere to recommendations outlined in Chapter 7 'Conclusions' of the Flood Risk Assessment (Fairhurst, May 2018), in particular that there shall be a minimum freeboard of 600mm above the 1:200 year flood level.

Reason: To achieve a flood risk freeboard of above the peak 1:200 years flood level.

15. That before the development hereby approved is completed or brought into use, a 2 metre wide footway which connects to the existing footway shall be constructed along the frontage of the site at Braidwood Road to the specification of the Council as Roads and Planning Authority.

Reason: In the interests of public safety. 179

16. That before the development hereby approved is completed or brought into use, a visibility splay of 2.0 metres by 35 metres measured from the road channel shall be provided on both sides each driveway and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines.

Reason: In the interests of traffic and public safety.

17. That before the development hereby approved is completed or brought into use, a pedestrian visibility splay of 2.4 metres by 2.4 metres measured from the heel of the footway shall be provided on both sides of each driveway and everything exceeding 0.6 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.6 metres in height shall be planted, placed or erected within these sight lines.

Reason: In the interests of public safety.

18 That before the development hereby approved is completed or brought into use, a visibility splay of 4.5 metres by 90 metres measured from the road channel shall be provided on both sides of the junction of the new access road with Braidwood Road and everything exceeding 0.9 metres in height above the road channel level shall be removed from the sight line areas and thereafter nothing exceeding 0.9 metres in height shall be planted, placed or erected within these sight lines.

Reason: In the interests of public safety.

19. The developer shall ensure that any vehicle transporting excavated material on or off the site must be treated by means of adequate wheel washing facilities. The facility will require to be in operation at all times during earth moving operations. The wheel washing facility shall be fully operational prior to works commencing on site. A ''clean zone'' shall be maintained between the end of the wheel wash facility and the public road. Furthermore the developer shall ensure a road brush motor is made available throughout the construction period to ensure adjacent roads are kept clear of mud and debris.

Reason: In the interests of road safety.

20. That prior to any work starting on site, a programme indicating the phasing of construction of development, together with a Traffic Management Plan indicating the circulation of vehicles and pedestrians, shall be submitted to the Council as Planning Authority for approval. The approved details shall be implemented throughout the period of the development of the site.

Reasons: In the interests of road safety.

21. The developer shall undertake a noise assessment to determine the impact of noise from the electric sub-station on the proposed development using the principles set out in British Standards BS 4142:2014 - Method for Rating and Assessing Industrial and Comercial Sound, or a method agreed by the Planning Authority. The assessment shall be submitted to and approved by the Planning Authority and shall identify -

1 - the maximum Rating Levels (including penalties either subjective or objective as appropriate); 180

2 - the statistical average Background Noise Level to which any part of the development will be exposed.

Where the Level of Significance as described within the Scottish Government Document: Technical Advice Note Assessment of Noise, identifies changes in noise as moderate or greater (assessed with windows open), a scheme for protecting the proposed dwellings from noise shall be submitted to, and approved by, the Planning Authority. The approved scheme for the mitigation of noise shall be implemented prior to the development being brought into use and where appropriate, shall be retained in accordance with the approved scheme to the satisfaction of the Council as Planning Authority. (The Background Noise Level for the most sensitive period that the source could operate should be used for this assessment).

Reason: To minimise noise disturbance to adjacent occupants.

22. (a) The applicant shall be required to undertake a comprehensive site investigation, carried out to the appropriate Phase level, to be submitted to and approved in writing by the Council as Planning Authority. The investigation shall be completed in accordance with the advice given in the following:

(i) Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995);

(ii) Contaminated Land Report 11 - 'Model Procedures for the Management of Land Contamination (CLR 11) - issued by DEFRA and the Environment Agency;

(iii) BS 10175:2001 - British Standards institution 'The Investigation of Potentially Contaminated Sites - Code of Practice'.

(b) If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages using site specific assessment criteria will require to be submitted.

(c) If the risk assessment identifies any unacceptable risks, a detailed remediation strategy will be submitted to and approved in writing by the Council as Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Council's written approval of the remediation plan.

Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use.

23. (a) Remediation of the site shall be carried out in accordance with the approved remediation plan prior to the proposed development being brought into use. Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Council as Planning Authority.

(b) On completion of the remediation works, the developer shall submit a completion report to the Council as Planning Authority, confirming that the works have been carried out in accordance with the approved remediation plan and that the works have successfully reduced these risks to acceptable levels.

181 (c) Any previously unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Council as Planning Authority within one week or earlier of it being identified. A more detailed site investigation to determine the extent and nature of the contaminant(s) and a site- specific risk assessment of any associated pollutant linkages, shall then require to be submitted to and approved in writing by the Council as Planning Authority.

Reason: To avoid unacceptable risks to human health and the environment, to ensure that the land is remediated and made suitable for its proposed use.

24. That before any of the dwellinghouses hereby approved are occupied, details of the storage and collection of refuse within the development shall be submitted to and approved by the Council as Planning Authority. Thereafter, prior to the occupation of any dwelling, the approved scheme shall be implemented and thereafter maintained to the satisfaction of the Council as Planning Authority.

Reason: To ensure that adequate refuse arrangements are provided that do not prejudice the enjoyment of future occupiers of the development or neighbouring occupiers of their properties, to ensure that a satisfactory external appearance is achieved and to ensure that appropriate access is available to enable refuse collection.

25. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council as Planning Authority in agreement with the West of Scotland Archaeology Service.

Reason: In order to safeguard any archaeological items of interest or finds.

26. That unless otherwise agreed prior to the commencement of the development hereby approved, details of measures to facilitate the provision of full fibre broadband to serve the development, 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. 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.

182

183

184 Agenda Item

Report 13 Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/0015 Planning proposal: Residential development (Planning permission in principle)

1 Summary application information [purpose] Application type:• Permission in principle • Applicant: Mr And Mrs R Campbell Location: • Land adjacent to Walston Primary School Elsrickle Biggar South Lanarkshire [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant planning permission in principle (subject to conditions) based on conditions attached [1recs] 2.2 Other actions/notes

(1) The Planning Committee has delegated powers to determine this application.

3 Other information ♦ Applicant’s Agent: Neville Design Ltd ♦ Council Area/Ward: 03 Clydesdale East ♦ Policy Reference(s): South Lanarkshire Local Development Plan Policy 2 Climate change Policy 3 Green belt and rural area Policy 4 Development management and placemaking Policy 15 Natural and historic environment

Supplementary Guidance 9: Natural and historic environment

Policy 2 Climate change Policy 3 General Urban Areas Policy 4 Green Belt and Rural Area Policy 5 Development Management and Placemaking Policy 14 Natural and Historic Environment Policy NHE16 Landscape 185 Policy GBRA7 Small Scale Settlement Extensions

♦ Representation(s):

► 1 Objection Letters ► 0 Support Letters ► 1 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Roads Flood Risk Management

Environmental Services

SEPA West Region

Scottish Water

186

Planning Application Report

1 Application Site 1.1 The application site forms part of an agricultural field, comprising improved pasture on the north eastern edge of Elsrickle. The site is bounded to the east by a site subject of a consent for a residential development (a house is currently under construction within the site), to the south east by the newly constructed Walston primary school, to the south west by a storage shed and to the north east by the remainder of the agricultural field in the ownership of the applicant. Topographically, the site, which is rectangular in shape, slopes downhill in a north west/south east direction. The site is accessed by a tarmacadam road from the A721 via the neighbouring primary school which provides access to the field

2 Proposal(s) 2.1 The applicant seeks planning permission in principle for a residential development. An indicative layout of nine detached dwellings has been submitted. This plan also shows access to the site being taken from the public road (A721) via the access serving the primary school. It is envisaged that the road will be continued along the frontage of the house plots. A 3 metre wide planted landscaped strip will be established along the east, south east and south west boundaries in addition to a hedgerow along the north eastern boundary.

2.2 A drainage assessment has been carried out providing recommendations on effluent disposal and surface water management. Sewage disposal would be by means of biological treatment and soakaway for each plot. Surface water could be directed to either individual soakaways or to a communal soakaway.

2.2 In support of the application, a Drainage Impact Assessment and Supporting Statement have been submitted.

3 Background 3.1 Local Plan Status 3.1.1 For the purposes of determining planning applications, the Council must assess the proposed development against the policies contained within the adopted South Lanarkshire Local Development Plan (SLLDP) and its associated Supplementary Guidance (SG).

3.1.2 In the South Lanarkshire Local Development Plan (Adopted), the application site lies outwith the settlement of Elsrickle, within the rural area where Policy 3: Green Belt and Rural Area applies. Other relevant policies are 2: Climate Change, 4: Development Management and Place Making and 15: Natural and Historic Environment. Supplementary Guidance produced by the Council are also a material consideration when determining planning applications. The appropriate SG’s in assessing this application are Development Management Place Making and Design, Green Belt and Rural Area, Natural and Historic Environment, and Sustainable Development and Climate Change.

3.2 Relevant Government Advice/Policy 3.2.1 SPP advises that the planning system should identify a generous supply of land to support the achievement of housing land requirements and maintaining at least a 5 year supply of land at all times. It should also enable the development of well designed, energy efficient, good quality housing in sustainable locations and focus on the delivery of allocated sites. Planning should take every opportunity to create high quality places and direct development to the right places, whilst taking cognisance of the natural, built and historic environment. 187

3.3 Planning Background 3.3.1 There are no records of any recent planning applications covering the site.

4 Consultation(s) 4.1 Roads and Transportation Services – No objections. The access road serving the application should be constructed to adoptable standard before any of the houses are completed. Response: A suspensive condition reflecting this would be attached to any consent issued.

4.2 Scottish Water - No objection. There is currently sufficient capacity at the water and waste treatment works that serve this area. Response: Noted.

4.3 Environmental Services – No objection. Response: Noted.

4.4 SEPA – whilst multiple sewage treatment systems are not encouraged it is accepted that the applicant has satisfactorily demonstrated that foul drainage systems can be installed at the site which are capable of meeting SEPA’s requirements. If approval is granted, it should include a condition which requires that the applicant submits the finalised details of the site drainage system at the matters specified in condition stage to allow SEPA to confirm it would comply with the Controlled Activities Regulations (Scotland) regime and will not pose a risk to the water environment. Response: Noted. If permission is granted an appropriate condition will be attached to address this matter.

4.5 Roads and Transportation Services (Flooding) – No response received to date. Response: Noted.

5 Representation(s) 5.1 In response to the carrying out of neighbour notification and the advertisement of the application in the local press as Development Contrary to the Development Plan and for the non-notification of neighbours, 1 letter of objection and 1 comments letter were received. The issues raised are summarised below:

a) Concerned this invitation to respond to outline planning consent is merely a paper exercise given that the approval for the school under construction incorporates a public access road and drainage provision for such a housing development. Response: The recently constructed Black Mount Primary School was built on the part of the agricultural field owned by the applicant. The purchase of the land by the Council and the planning application for the new school included a requirement to continue access to the field. It should be noted that a field access has also been included within the indicative layout of the current application. The school lies downhill from the existing field and, as such, drainage could not have been designed in isolation as it would legally have to accept the drainage flow from the field irrespective as to whether a housing development was proposed or not. This application has been assessed on its individual merits.

b) The site falls outside the settlement boundary on agricultural land used for grazing. Response: The adopted South Lanarkshire Local Development Plan identifies the site as being outside the settlement boundary. Since that plan was adopted 188 in 2015, proposals for the erection of a new school have been approved and the school is now complete. The settlement boundary in the Proposed Local Development Plan 2 reflects these changes and includes a further parcel of land beyond the boundary of the school that integrates with the boundary in the adopted plan. The Proposed LDP2 was subject to public consultation in the summer of 2018 and no representations were received in respect of the changes to the boundary. c) The site does not conform to any topographical depression that might invite any idea that it provides a natural enclosure within the settlement as was the case with Townfoot. Response: Part of the residential development at Townfoot which lies immediately adjacent to the application site is on the same level as the application site. The site is bounded by Townfoot to the east and by a storage shed to the north west which help to provide a physical enclosure of the site. d) The proposal documents make pointed reference to the agricultural shed on the adjoining property. The planning requirement for the shed was that its rear be half buried in the landscape. The proposal documents indicate that any houses be built on top of the existing land. Response: The shed that has been built defines the proposed settlement edge and will facilitate visual integration. The application is for planning permission in principle and, at a latter detailed stage further consideration can be given to minimising visual impacts through land regrading. It should be noted that it is proposed to include a condition which restricts the height of the proposed dwellings to 1.5 storeys in height. e) A row of urban looking houses in such a prominent location dominating the landscape would be very detrimental to the scenic landscape that visitors to the area come and see. The proposal is nothing more than the rape of the scenic environment for purely monetary gain. Response: The context for built development has been established by the scale and form of the new school. To avoid urban solutions, a condition has been attached requiring the design of any new houses to comply with the Council’s Rural Design Guidance. No trees or other landscape features which contribute to landscape quality will be affected by the proposal. In addition landscaping belts and hedgerows around the site boundaries are proposed. f) The proposal is in addition to a previously approved development at a brown field site, Townfoot, which would of itself increase the size of the settlement by approaching 50%. That development remains unfinished suggesting there is no market for blocks of additional housing in the settlement. Response: Townfoot already falls within the settlement boundary, therefore, its development will not result in an increase in the size of Elsrickle. Delay in progressing the site will be attributable to a number of factors, however, evidence does suggest there is demand for housing in rural villages within the Clydesdale area. g) Any future development could not be argued to be sustainable. Occupiers of such proposed development would have to rely on access to Biggar, or the wider area, for services. Such access will have to be by private transport. Response: The site adjoins a new primary school with up to date facilities and close by is a public hall. The consent for the residential development at 189 Townfoot includes the formation of a play area. Biggar and Carnwath, where there is a wide range of services, are within reasonable driving distance.

h) The provision of a water supply to the settlement is already under strain and, without considerable capital expenditure on the water supply infrastructure, existing residents would be seriously disadvantaged by additional demand. Response: Scottish Water have advised that there is sufficient capacity in the Coulter Water Treatment Works.

i) Concerned that drainage for the proposed site will not be adequate. Response: A Drainage Assessment has been submitted recommending SUDS as a means of controlling and managing water flow. SEPA have advised that the applicant, in principle, has demonstrated the site can be served by a private drainage system which is capable of meeting their requirements. A condition has been attached requiring the submission and approval of drainage details in consultation with SEPA.

j) As the location of the development is uphill from nearby dwellings there are privacy concerns. Can the height and nature of the screening between the houses and the school be confirmed? Response: The distance from and orientation of the proposed dwellings relative to existing dwellings is sufficient to ensure privacy standards will not be compromised. The tree species proposed for the planted landscape strip has not yet been clarified, however, a condition has been attached ensuring that landscape details will be subject of a further application.

k) Can there be confirmation that there will be adequate facilities as broadband speed is already extremely slow and water pressure is sometimes lost in the village. Response: Scottish Water has not raised any objection to connection into the public water supply. Impact upon broadband capacity is not grounds for the refusal of a planning application.

l) Concerned that the application has been predetermined as it is understood that additional sewerage provisions have been made on the site of the school to accommodate the proposed dwellings. Response: The proposal is that sewerage will be treated within the confines of the application boundary by means of biological treatment and soak away.

5.2 These letters has been copied and are available for inspection in the usual manner and on the planning portal.

6 Assessment and Conclusions 6.1 The applicant seeks planning permission in principle on land at the settlement edge of Elsrickle. The determining issues in the consideration of this application are its compliance with the adopted South Lanarkshire Local Plan, and associated Supplementary Guidance and its impact on the amenity and roads safety.

6.2 In the adopted South Lanarkshire Local Development Plan, the application site is located within the Rural Area where Policy 3 - Green Belt and Rural Area applies. The proposed development should be considered against the policies of the South Lanarkshire Local Development Plan, with Policy 3: Green Belt and Rural Area being particularly relevant. This advises that development which does not require to be located in the countryside will be expected to be accommodated within the 190 settlements, other than in a number of circumstances. This includes situations where it involves the redevelopment of derelict or redundant land and buildings; where the proposal is for the conversion of traditional buildings; the proposal is for extension of existing premises or uses providing it is of suitable scale and design; small scale settlement extension; or where the proposal is for limited development within clearly identifiable infill, gap sites and existing building groups. The proposal has been carefully assessed against the policy and guidance and, while there are elements that accord with some of the criteria, the extension to the settlement cannot be considered to be small scale in the context of the policy. The proposal does not fully comply with the local development or the SG. As a result, the proposed development in land use terms is contrary to the development plan.

6.3 Notwithstanding the above, the proposed development sits at the edge of the settlement boundary and is bounded by a residential development site at Townfoot to the east and a storage shed to the south west. The new primary school adjoins the site immediately to the south while it is noted that the development pattern of Elsrickle is such that housing extends along the road frontage on the opposite side of the A721. As a result, it is considered that this proposal will result in a proportionate, balanced and logical rounding off of the settlement without any adverse impact upon its established character. This view is reflected in the proposed changes to the settlement boundary in the proposed LDP2 to include the school and the majority of the application site (other than part of the rear garden area as outlined on the indicative plans). No amenity/recreational space, public right of access, trees or other landscape features would be lost. The proposed structural planting will result in a clearly defined and defensible settlement boundary whilst enhancing landscape quality and character. The site can be accessed without any impact upon public and traffic safety. Overall, it is considered that a departure from local plan policy can, in this instance, be justified.

6.4 Policy 2 - Climate Change seeks to minimise and mitigate against the effects of climate change. This application is for a small scale development adjoining Elsrickle where there is a public hall and new primary school with attached facilities. In addition, it sits relatively close to Biggar and Carnwath where there is a range of services. The proposal would not result in flood risk and there would not be an adverse impact on water, soils, habitat, air quality and green networks.

6.5 The proposed development has also been considered against Policy 4 - Development Management and Place Making and associated Supplementary Guidance which requires development proposals to take account of and be integrated with the local context and built form. Proposals should not have a significant adverse impact on the local area and address the six qualities of placemaking. These matters are more properly dealt with at the detailed application stage, however, a small scale development of the site with an indicative capacity of 9 detached dwellings would respect the local character of the area. A condition has been attached to the consent to ensure compliance with the Rural Design Guide. Roads have advised that there are no road safety concerns.

6.6 The site falls within a designated Special Landscape Area where Policy 15 seeks to conserve those features which contribute to local distinctiveness. All proposed development should take into account the detailed guidance contained in the South Lanarkshire Landscape Character Assessment 2010. The site falls within the Plateau Farmland Character type which are seen as having the capacity to accommodate development of low or average height particularly where they are enhanced by additional planting. Incremental development within open countryside is discouraged whilst the consolidation of existing villages is favoured. The proposed dwellings will integrate closely within an established settlement, additional landscaping and tree 191 planting around the site boundaries will enhance landscape quality and a condition has been attached restricting the height of buildings to 1.5 storeys in height. In view of these circumstances, the proposal complies with policy 15.

6.7 On 29 May 2018, the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. Therefore, the Proposed SLLDP2 is now a material consideration in determining planning applications. The proposed development has been considered against the relevant policies in the proposed plan and it is noted that these policies are broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. It is considered that the proposals accords with Policies 2, 3, 4, 5, 14, NHE16, NHE6 and GBRA7 in the proposed plan.

6.8 Following an assessment, it is concluded that the proposals do not accord with the adopted Local Development Plan. Section 25 of the Town and Country Planning (Scotland) Act 1997 does, however, allow for exceptions to be made to policy where other material considerations outweigh the provisions of the development plan. In this case, the applicant has demonstrated that a small housing development can be integrated without impact upon residential amenity, traffic safety, the character of the area and the environment and will facilitate a rounding off of the current village boundary. In addition, the site is identified as being within the settlement boundary of Elsrickle in the Proposed LDP2. It is considered that an exception to policy has been demonstrated for the following reasons:-

(i) The proposal will enable the rounding off of the settlement edge and the creation of a robust and defensible boundary. (ii) The majority of the application site falls within the settlement boundary of Elsrickle in the proposed South Lanarkshire Local Development Plan 2. (iii) The additional tree planting will enhance the landscape character of the area. (iv) There would be no adverse impact on residential or visual amenity; infrastructure; traffic safety; or biodiversity.

It is therefore recommended that planning permission be granted subject to the conditions attached.

7 Reasons for Decision

7.1 For the reasons set out in 6.8 above.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 28 November 2019

Previous references  None

► Consultations Roads Development Management Team

Roads Flood Risk Management Environmental Services 22.01.2019 SEPA West Region 03.06.2019 Scottish Water 15.01.2019

► Representations Dated:

Mr Barry Rosindale, Meldons, Carnwath Road, Elsrickle 16.01.2019 Biggar, South Lanarkshire, ML12 6QZ

Gregor Doyle, 30.01.2019

Contact for further information If you would like to inspect the background papers or want further information, please contact:-

Ian Hamilton, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Phone: 01698 455174 Email: [email protected]

193 Detailed planning application

Paper apart – Application number: P/19/0015

Conditions and reasons

01. 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 timescales and other limitations in section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended). These matters are as follows: (a) the layout of the site, including all roads, footways, parking areas and open spaces; (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 the phasing of development (covering all relevant aspects of development detailed in (a) above); (h)

Reason: To comply with section 59 of the Town and Country Planning (Scotland) Act 1997 as amended.

02. That the further application required under the terms of Condition 1 above, shall include a detailed scheme for surface water drainage. Surface water from the site shall be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland and with the Council's Sustainable Drainage Design Criteria and requirements and shall be agreed in writing with the Council as Planning Authority in consultation with SEPA.

03. That no dwellinghouse shall not be occupied until the developer provides a written agreement from Scottish Water and SEPA that the site can be served by a water supply and sewerage scheme in accordance with relevant standards and regulations.

Reason: To ensure that the development is served by an appropriate effluent disposal system and water supply. 194

04. That no dwellinghouse shall be occupied until the access road serving the site been constructed to an adoptable standard.

Reason: In the interests of public and traffic safety.

05. That notwithstanding the terms of Condition 01; 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; and shall be in accordance with the Council's approved policy on new dwellings in the rural area.

Reason: To safeguard the visual amenity of the rural area.

06. That the further application(s) required under the terms of Condition 01, shall make reference to and incorporate the criteria specified within the approved South Lanarkshire Council 'Residential Design Guide'.

Reason: In the interests of amenity and to ensure that the Council's key residential design standards are met.

07. That the total number of dwellinghouses within the site shall be no more than 9.

Reason: To safeguard the residential amenity of the area.

08. That no building to be erected on the site shall exceed 1.5 storeys in height.

Reason: To safeguard residential amenity and to ensure satisfactory integration with the surrounding area.

09. That the further application required under the terms of Condition 01, shall be accompanied by a Design Statement which shall set out the design principles, justify the design solution and show how the proposal responds to the wider context of the area as well as the characteristics of the site.

Reason: To provide an explanation of the design concept and to enable a greater understanding of the proposal.

10. That no consent is hereby granted for the indicative house footprint shown on the application plan.

Reason: Permission is granted in principle only and no approval is given for these details.

11 That unless otherwise agreed prior to the commencement of the development hereby approved, details of measures to facilitate the provision of full fibre broadband to serve the development, 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. 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.

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196 Agenda Item

Report 14 Report to: Planning Committee Date of Meeting: 17 December 2019 Report by: Executive Director (Community and Enterprise Resources)

Subject: Tree Preservation Order – Hozier House, Lanark

1. Purpose of Report

1.1. The purpose of the report is to:- [purpose]  Seek approval for the making of a Tree Preservation Order (TPO) on the trees within the grounds of Hozier House, Lanark as shown on the accompanying plan. [1purpose] 2. Recommendation(s)

2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) That a Provisional Tree Preservation Order be promoted under the terms of Section 163 (Provisional Tree Preservation Order) of the Town and Country Planning (Scotland) Act 1997 on the areas identified on the attached plan.

(2) That this Provisional Tree Preservation Order be confirmed within six months from the date of this Order, should there be no objections. [1recs] 3. Background 3.1 Hozier House is a listed building located on Hyndford Road (A73) in Lanark which forms part of one of the main routes through the town. The building has been subdivided into 8no flats to the front and 5no terraced houses to the rear. The trees are situated at the front of the building and form a distinct group along the main road frontage and the two side boundaries. The trees are considered to make a positive contribution to the sense of place, character and amenity in the local area as a result of their size and form as well as providing an attractive setting for this listed building. The trees are in the common ownership of the property owners within Hozier House. The Council is advised that the majority of trees are maintained by a factor on behalf of the residents, although some of the trees are owned and maintained specifically by a third party who owns part of the grounds to the side of the listed building. The promotion of a TPO would not stop maintenance works being undertaken to the trees, but it would require such works to be agreed in advance with the Council to ensure that no inappropriate work takes place. The Planning Service considers the trees in the grounds of Hozier House as indicated on the attached plan are of a high amenity value.

4 Policy History 4.1 The grounds of Hozier House are identified in the adopted South Lanarkshire Local Development Plan as being within a designated residential area and, as such, are largely residential in nature. A Post Office sorting office is located to the rear of the site and there is a nursing on the opposite side of Home Street to the east. 197

5 Grounds for Making the TPO 5.1 The reason for making the TPO is that the existing mature trees are considered to contribute to the character, amenity and sense of place within the local area as well as providing an attractive setting for the listed Hozier House. The trees are notably visible in the area by virtue of their location on the A73, which is a main route through Lanark, and their size, form and siting which is on the boundaries of the site onto the public realm. To ensure that only appropriate maintenance is undertaken in consultation with the Council, and to ensure the future retention of the trees, the promotion of a TPO is considered necessary.

6 Employee Implications 6.1 None.

7 Financial Implications 7.1 None.

8 Other Implications (Including Environmental and Risk Issues) 8.1 There are no significant risk of sustainability implications arising from this report.

9 Equality Impact and Consultation Arrangement 9.1 Consultations have taken place with the Council’s Arboricultural Manager. There is no requirement to carry out an impact assessment in terms of the proposals contained within this report.

Michael McGlynn Executive Director (Community and Enterprise Resources)

22 November 2019

Link(s) to Council Objectives • Work with communities and partners to promote high quality, thriving and sustainable communities (Source: Connect)

Previous References None

List of Background Papers None

Contact for Further Information If you would like to inspect the background papers or want further information, please contact:-

Steve Boertien, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton Ext: 5046 (Tel: 01698 455116) E-mail: [email protected]

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