Planning Committee

Council Offices, Almada Street Hamilton, ML3 0AA

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, 26 February 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.

Members are reminded to bring their fully charged tablets to the meeting

Yours sincerely

Lindsay Freeland Chief Executive

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

Substitutes John Anderson, Janine Calikes, Gerry Convery, Margaret Cooper, Peter Craig, Allan Falconer, Lynsey Hamilton, Catherine McClymont, Colin McGavigan, Mark McGeever, Richard Nelson, Jared Wark, Josh Wilson

1 BUSINESS

1 Declaration of Interests

2 Minutes of Previous Meeting 5 - 12 Minutes of the meeting of the Planning Committee held on 29 January 2019 submitted for approval as a correct record. (Copy attached)

Item(s) for Decision

3 Application P/18/1751 for Erection of 18 Flats with Associated Parking and 13 - 24 Landscaping at 84 Hamilton Road, Cambuslang Report dated 29 January 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

4 Application P/18/0668 for Construction of Phase 2 Spine Road with 25 - 38 Associated Works (Approval of Matters Specified in Conditions Application for the Discharge of Conditions 1 (a to h), 5, 6 and 11 of Planning Consent CR/12/0099) for Part of Phase 2 at Land Adjacent to Southcroft Road, Rutherglen Report dated 15 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

5 Application EK/18/0013 for Conversion and Extension, Including Part 39 - 52 Demolition, of Existing House to Form 4 Flats, Erection of 4 Terraced Houses and 5 Detached Houses at 7 Threestanes Road, Strathaven Report dated 14 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

6 Application EK/18/0034 for Alterations and Extension to Existing 'C' Listed 53 - 60 Building, Including Part Demolition of Outhouses, (Listed Building Consent) at 7 Threestanes Road, Strathaven Report dated 15 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

7 Application P/19/0002 for Demolition of Existing Church Building and 61 - 72 Erection of 11 Flats with Associated Parking and Landscaping at Threshold Church, Threshold, East Kilbride Report dated 14 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

8 Application P/18/1444 for Change of Use of Industrial Unit (Class 6) to 73 - 82 Gymnasium (Class 11) at 4 Colvilles Place, Kelvin Industrial Estate, East Kilbride Report dated 14 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

9 South Lanarkshire Local Development Plan 2 83 - 100 Report dated 6 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

10 The South Lanarkshire Development Plan Scheme 2019 101 - 120 Report dated 7 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

11 Planning Enforcement Charter 121 - 142 Report dated 15 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)

Urgent Business

12 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 29 January 2019

Chair: Councillor Alistair Fulton

Councillors Present: Councillor Alex Allison, Councillor John Bradley, Councillor Walter Brogan, Councillor Archie Buchanan, Councillor Jackie Burns, Councillor Stephanie Callaghan, Councillor Gerry Convery (substitute for Councillor Margaret Cowie), Councillor Peter Craig (substitute for Councillor Collette Stevenson), Councillor Maureen Devlin, Councillor Mary Donnelly, Councillor Isobel Dorman (Depute), Councillor Fiona Dryburgh, Councillor Mark Horsham, Councillor Ann Le Blond, Councillor Martin Lennon, Councillor Richard Lockhart, Councillor Kenny McCreary, Councillor Richard Nelson, Councillor Carol Nugent, Councillor Graham Scott, Councillor Bert Thomson, Councillor Jim Wardhaugh

Councillors’ Apologies: Councillor Margaret Cowie, Councillor John Ross (ex officio), Councillor David Shearer, Councillor Collette Stevenson, Councillor Sheena Wardhaugh

Attending: Community and Enterprise Resources L Campbell, Area Manager, Planning and Building Standards Services (Hamilton and Clydesdale); P Elliott, Head of Planning and Economic Development; T Finn, Headquarters Manager, Planning and Building Standards Services; F Jack, Team Leader, Development Management Team, Roads and Transportation Services; T Meikle, Area Manager, Planning and Building Standards Services (Cambuslang/Rutherglen and East Kilbride) Finance and Corporate Resources J Davitt, Public Relations Team Leader; P MacRae, Administration Officer; K McLeod, Administration Assistant; K Moore, Legal Services Adviser

1 Declaration of Interests The following interests were declared:-

Councillor(s) Item(s) Nature of Interest(s) Lockhart Application P/18/1020 – Residential Applicant Development (Planning Permission in Principle) at Land 78 Metres Southeast of 1 Waterfall Meadows, Cleghorn, Lanark Lockhart Application P/18/1514 – Sub-division of Previous expression of a Garden Ground to form Residential Plot, view on the application Erection of Single Storey House and Alterations to Existing Boundary Wall at Land 35 Metres West Northwest of Hozier House, 129 Hyndford Road, Lanark

Application P/18/1533 – Partial Removal of Stone Boundary Wall (Listed Building Consent) at Hozier House, 129 Hyndford Road, Lanark

Councillor(s) Item(s) Nature of Interest(s) Nugent Application P/18/0778 – Remediation of Member of the Board of Vacant Land and Related Earthworks Clyde Gateway Urban (Approval of Matters Specified in Regeneration Company Conditions Application for the Discharge of Conditions 1(g), 6 and 11 of Planning Consent in Principle CR/12/0099) for Part of Phase 2 at Land 150 Metres West of 201 Glasgow Road, Southcroft Road, Rutherglen

2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 4 December 2018 were submitted for approval as a correct record.

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

3 Application P/18/0479 for a Residential Development of 70 Houses, Including Access Road, Open Space, Landscaping and Engineering Works (Approval of Matters Specified in Conditions Application for the Discharge of Condition 1 of Planning Consent in Principle EK/15/0078) at Land to North of Eaglesham Road, Jackton, East Kilbride A report dated 17 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/0479 by Robertson Homes and Jackton Estates for a residential development of 70 houses, including access road, open space, landscaping and engineering works (approval of matters specified in conditions application for the discharge of Condition 1 of planning consent in principle EK/15/0078) at land to the north of Eaglesham Road, Jackton, East Kilbride.

At its meeting on 7 July 2015, the Committee had approved a procedure for processing planning applications which required completion of a Planning Obligation. If approved, the application would be subject to a Section 75 Planning Obligation and/or other agreement and the approved procedure would apply.

The Committee decided:

(1) that planning application P/18/0479 by Robertson Homes and Jackton Estates for a residential development of 70 houses, including access road, open space, landscaping and engineering works (approval of matters specified in conditions application for the discharge of Condition 1 of planning consent in principle EK/15/0078) at land to the north of Eaglesham Road, Jackton, East Kilbride be granted subject to:-

 the conditions specified in the Executive Director’s report  prior conclusion of Section 75 Planning Obligation and/or other appropriate agreement between the Council, the applicant and the site owner(s) in respect of financial contributions for the improvement/upgrading of educational facilities and the provision of affordable housing  the applicants meeting the Council’s legal costs associated with the Section 75 Obligation and/or other legal agreements

(2) that it be noted that, in accordance with the agreed procedure, should there be no significant progress by the applicant towards the conclusion of the Planning Obligation within 6 months of the date of the meeting at which the application was considered, the proposed development could be refused on the basis that, without the planning control or developer contribution which would be secured by the Planning Obligation, the proposed development would be unacceptable; and

(3) that it be noted that, if the Planning Obligation had not been concluded within the 6 month period but was progressing satisfactorily, the applicant would be offered the opportunity to enter into a Processing Agreement, if this was not already in place, which would set an alternative agreed timescale for the conclusion of the Planning Obligation.

[Reference: Minutes of 7 July 2015 (Paragraph 15) and 17 November 2015 (Paragraph 17)]

4 Application P/18/1370 for Erection of 12 Flats with Associated Parking at Land at 129 to 133 Low Waters Road, Hamilton A report dated 18 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1370 by Wilson Developments (Scotland) Limited for the erection of 12 flats with associated parking at land at 129 to 133 Low Waters Road, Hamilton.

The Committee decided: that planning application P/18/1370 by Wilson Developments (Scotland) Limited for the erection of 12 flats with associated parking at land at 129 to 133 Low Waters Road, Hamilton be granted subject to the conditions specified in the Executive Director’s report.

5 Application P/18/1020 for a Residential Development (Planning Permission in Principle) at Land 78 Metres Southeast of 1 Waterfall Meadows, Cleghorn, Lanark A report dated 18 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1020 by Cleghorn 1998 Trust for a residential development (planning permission in principle) at land 78 metres southeast of 1 Waterfall Meadows, Cleghorn, Lanark.

The Committee decided: that planning application P/18/1020 by Cleghorn 1998 Trust for a residential development (planning permission in principle) at land 78 metres southeast of 1 Waterfall Meadows, Cleghorn, Lanark be granted subject to the conditions specified in the Executive Director’s report.

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

6 Application P/18/0480 for Erection of a 2 Storey Extension to Rear of Mosque at 48 Greenhill Road, Rutherglen A report dated 17 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/0480 by Minhaj-UL-Quran International for the erection of a 2 storey extension to the rear of the mosque at 48 Greenhill Road, Rutherglen.

The Committee decided: that planning application P/18/0480 by Minhaj-UL-Quran International for the erection of a 2 storey extension to the rear of the mosque at 48 Greenhill Road, Rutherglen be granted subject to the conditions specified in the Executive Director’s report.

7 Application P/18/1514 for Sub-division of Garden Ground to Form Residential Plot, Erection of Single Storey House and Alterations to Existing Boundary Wall at Land 35 Metres West Northwest of Hozier House, 129 Hyndford Road, Lanark A report dated 18 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1514 by J and W Cruickshank for the sub-division of garden ground to form a residential plot, erection of a single storey house and alterations to the existing boundary wall at land 35 metres west northwest of Hozier House, 129 Hyndford Road, Lanark.

Councillor Fulton, seconded by Councillor Dorman, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Scott, seconded by Councillor Lennon, moved as an amendment that the application be refused on the grounds that the design and materials proposed for the development were not compatible with the adjacent Category C listed building, Hozier House. On a vote being taken by a show of hands, 16 members voted for the amendment and 6 for the motion. The amendment was declared carried.

The Committee decided: that planning application P/18/1514 by J and W Cruickshank for the sub-division of garden ground to form a residential plot, erection of a single storey house and alterations to the existing boundary wall at land 35 metres west northwest of Hozier House, 129 Hyndford Road, Lanark be refused on the grounds that the design and materials proposed for the development were not compatible with the adjacent Category C listed building, Hozier House.

Councillor Lockhart, having declared an interest in this and the following application, withdrew from the meeting during their consideration

8 Application P/18/1533 for Partial Removal of Stone Boundary Wall (Listed Building Consent) at Hozier House, 129 Hyndford Road, Lanark A report dated 18 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1533 by J and W Cruickshank for the partial removal of a stone boundary wall (listed building consent) at Hozier House, 129 Hyndford Road, Lanark.

Councillor Fulton, seconded by Councillor Dorman, moved that the application be granted subject to the conditions specified in the Executive Director’s report. Councillor Scott, seconded by Councillor Lennon, moved as an amendment that the application be refused on the grounds that the removal of the section of the wall was not compatible with the character and setting of the Category C listed building, Hozier House. On a vote being taken by a show of hands, 20 members voted for the amendment and 2 for the motion. The amendment was declared carried.

The Committee decided: that planning application P/18/1533 by J and W Cruickshank for the partial removal of a stone boundary wall (listed building consent) at Hozier House, 129 Hyndford Road, Lanark be refused on the grounds that the removal of the section of the wall was not compatible with the character and setting of the Category C listed building, Hozier House.

9 Application CL/18/0025 - Section 42 Application to Vary Condition 2 of Planning Consent CL/11/0479 to Extend Opening Hours of Shop from 5.00am to 11.00pm Monday to Friday, 6.00am to 11.00pm Saturday and 7.00am to 11.00pm Sunday at Keystore More, 30 Westport, Lanark A report dated 11 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application CL/18/0025 by Keystore More for an application under Section 42 of the Town and Country Planning (Scotland) Act to vary Condition 2 of planning consent CL/11/0479 to extend the opening hours of a shop to permit opening from 5.00am to 11.00pm Monday to Friday, 6.00am to 11.00pm on Saturdays and 7.00am to 11.00pm on Sundays at 30 Westport, Lanark.

The Committee decided: that planning application CL/18/0025 by Keystore More for an application under Section 42 of the Town and Country Planning (Scotland) Act to vary Condition 2 of planning consent CL/11/0479 to extend the opening hours of a shop to permit opening from 5.00am to 11.00pm Monday to Friday, 6.00am to 11.00pm on Saturdays and 7.00am to 11.00pm on Sundays at 30 Westport, Lanark be granted subject to:-

 the conditions specified in the Executive Director’s report  an amendment to Condition 1 to include the words “and deliveries to the premises” prior to the words “shall be restricted to the following hours of operation”

10 Application P/18/0778 for Remediation of Vacant Land and Related Earthworks (Approval of Matters Specified in Conditions Application for the Discharge of Conditions 1(g), 6 and 11 of Planning Consent in Principle CR/12/0099) for Part of Phase 2 at Land 150 Metres West of 201 Glasgow Road, Southcroft Road, Rutherglen A report dated 18 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/0778 by Clyde Gateway Developments Limited for the remediation of vacant land and related earthworks (approval of matters specified in conditions application for the discharge of Conditions 1(g), 6 and 11 of planning consent in principle CR/12/0099) for part of Phase 2 at land 150 metres west of 201 Glasgow Road, Southcroft Road, Rutherglen.

The Committee decided: that planning application P/18/0778 by Clyde Gateway Developments Limited for the remediation of vacant land and related earthworks (approval of matters specified in conditions application for the discharge of Conditions 1(g), 6 and 11 of planning consent in principle CR/12/0099) for part of Phase 2 at land 150 metres west of 201 Glasgow Road, Southcroft Road, Rutherglen be granted subject to the conditions specified in the Executive Director’s report.

[Reference: Minutes of 7 December 2012 (Paragraph 8)]

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

11 Application P/18/1291 for Erection of 26 Flats Comprising 3 Two Storey Blocks Together with Associated Access Road, Parking, Amenity Space and Bin Storage Areas at Land 64 Metres Northwest of 1 Baxter Lane, Gallowhill Road, Lanark A report dated 18 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1291 by Wilson Developments (Scotland) Limited for the erection of 26 flats comprising 3 two storey blocks together with associated access road, parking, amenity space and bin storage areas at land 64 metres northwest of 1 Baxter Lane, Gallowhill Road, Lanark.

The Committee decided: that planning application P/18/1291 by Wilson Developments (Scotland) Limited for the erection of 26 flats comprising 3 two storey blocks together with associated access road, parking, amenity space and bin storage areas at land 64 metres northwest of 1 Baxter Lane, Gallowhill Road, Lanark be granted subject to:-

 the conditions specified in the Executive Director’s report  the deletion of the words “in addition to……..exceed 45dB” in Condition 11, resulting in the condition concluding at point d)

12 Application P/18/1013 for Erection of 15 Wind Turbines with a Maximum Height to Blade Tip of Between 150 to 220 Metres, Access Tracks, Sub-station and Other Associated Infrastructure (Section 36C Application to Increase Turbine Heights and Increase Operational Lifespan from 25 to 30 Years) at Kype Muir Wind Farm Extension, Kype Highway, Strathaven A report dated 11 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1013 by Banks Renewables (Harting Rig Wind Farm) Limited for the erection of 15 wind turbines with a maximum height to blade tip of between 150 to 220 metres, access tracks, sub-station and other associated infrastructure at Kype Muir Wind Farm Extension, Kype Highway, Strathaven.

The proposal to increase the turbine heights and to extend the operational lifespan of the wind farm from 25 to 30 years had been submitted to the Scottish Government. It formed an amendment to the consented Section 36 application for Kype Muir Wind Farm Extension and required to be considered under Section 36 of the Electricity Act 1989.

The application was considered acceptable on the basis that the increase in turbine height was not considered to have any significant adverse impact in relation to the previous planning consent and that it accorded with national policy and the relevant provisions of the Development Plan subject to the imposition of the recommended environmental conditions. The proposal to extend the operational lifespan of the wind farm to 30 years was also considered acceptable and would result in an increase in the renewable energy generated from the proposal.

The Committee decided

(1) that the Scottish Government be advised that the Council had no objections to the amendments proposed to the Kype Wind Farm Extension application made under Section 36(C) of the Electricity Act 1989 subject to conditions based on the conditions attached to the Executive Director’s report;

(2) that, in addition, the Scottish Government be advised that approval should be subject to the conclusion of legal agreements covering:-

 submission of a Bond for the restoration and aftercare of the site  a contribution to the Council’s Renewable Energy Fund and communities benefit package  the provision of an Ecological Clerk of Works  the funding of a Planning Monitoring Officer  control over turbine transportation and the repair of any damage to roads and bridges arising from extraordinary wear and tear associated with the development and associated indemnity insurance requirements

(3) that the applicants meet the Council’s costs associated with the legal agreements; and

(4) that the Head of Planning and Economic Development be authorised to undertake any discussions on the proposed conditions and planning obligations, if required, with the Scottish Government.

[Reference: Minutes of 7 July 2015 (Paragraph 5)

13 New Lanark World Heritage Site Management Plan 2019 to 2023 A report dated 11 January 2019 by the Executive Director (Community and Enterprise Resources) was submitted on the New Lanark World Heritage Site Management Plan covering the period 2019 to 2023 to which the Council was a signatory.

New Lanark was one of 6 World Heritage Sites (WHS) in Scotland. WHS status committed all those involved in the development and management of the site to protect and enhance the area. National policy encouraged the preparation of a management plan to provide for the management of a WHS in a manner specific to its character to ensure maintenance of its Outstanding Universal Value. UNESCO had advised that management plans should be updated every 5 years.

The strategic objectives contained in the New Lanark World Heritage Site Management Plan, covering the period 2019 to 2023, were set out under the following 4 headings:-

 to safeguard and enhance the World Heritage Site and its environs  to promote awareness and understanding of New Lanark’s Outstanding Universal Value, authenticity and integrity  to grow New Lanark as a visitor destination and strengthen the site’s regional, national and international profile  to build a commercially and environmentally sustainable business 11

Those strategic objectives led to a number of more specific aims and projects, details of which were provided in the Executive Director’s report. An Action Plan had also been developed in association with the Management Plan.

Once approved, New Lanark Trust would finalise the Management Plan with Historic Environment Scotland and the Plan would become a material consideration in determining planning applications within New Lanark World Heritage Site. It was anticipated that the Plan would be launched in spring 2019.

The Committee decided:

(1) that the New Lanark World Heritage Site Management Plan 2019 to 2023 be approved; and

(2) that the associated Action Plan to progress the Management Plan be noted.

14 Urgent Business There were no items of urgent business.

12 Agenda Item

Report 3

Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/18/1751 Planning proposal: Erection of 18 flatted dwellings with associated parking and landscaping

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Wilson Developments (Scotland) Ltd Location: • 84 Hamilton Road Cambuslang

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: 13 Cambuslang West ♦ 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 Local Development Plan 2 (2018) Policy 3 - General urban areas/settlements Policy 5 – Development management and placemaking

Supplementary Planning Guidance Residential Development Guide (2011)

♦ Representation(s):

► 1 Objection Letters ► 0 Support Letters ► 1 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Environmental Services

Scottish Water

SP Energy Network

TRANSCO Plant Location

Planning Application Report

1 Application Site

1.1 The application site is a vacant piece of land at 84 Hamilton Road, Cambuslang. The site, which extends to approximately 2000 square metres is bound to the north by the embankment to the railway line, to the east by an existing residential development, to the west by a wooded area and to the south by Hamilton Road with dwellings on the opposite side of the road. The site is generally flat and rectangular though it does have a triangular section to the north of the site which slopes down into the railway embankment. The site currently has an historic access and egress from Hamilton Road.

2 Proposal(s)

2.1 The proposal is for the erection of 18 flatted dwellings with associated parking and landscaping. This would comprise a single rectangular block, three storeys in height fronting onto Hamilton Road. The proposed access and egress from the site would be via the current egress adjacent to the existing residential properties at Robert Templeton Drive. The proposed parking spaces would be located to the rear of the flatted block accessed from a new road within the site. The proposed building would be finished in facing brick, render and marley roof tiles.

2.2 It is noted that the proposal is a joint venture by Wilson Developments and Rutherglen and Cambuslang Housing Association to provide accommodation specifically for elderly residents.

3 Background

3.1 Local Plan Status 3.1.1 In terms of the Adopted South Lanarkshire Local Development Plan (2015), the site is located within the settlement boundary and, as such, Policy 4 - Development management and placemaking and Policy 6 - General urban area/settlements are relevant. These policies require development within residential areas to take account of the local context and built form and should be compatible with adjacent buildings in terms of scale, massing and design with no significant adverse impact in the local environment.

3.1.2 The Council’s Residential Development Guide (2011) is also relevant and emphasises the need for developments to reflect the scale and character of the surrounding areas and respect urban form. It also specifies required amenity space/ garden sizes, window to window distances and parking requirements.

3.1.3 In addition, the Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy was approved at the Planning Committee on 29 May 2018. As such, the SLLDP2 is now a material consideration in determining planning applications. In this case, the corresponding policies are Policy 3 - General urban areas/settlements and Policy 5 – Development management and placemaking.

15 3.2 Relevant Government Advice/Policy 3.2.1 None relevant.

3.3 Planning Background 3.3.1 The application site was originally a Texaco filling station, although it was subsequently decommissioned. In 2007, planning application CR/07/0228 was granted for 14no. flats at the site, however, this expired without any development commencing. The site subsequently gained temporary planning permission for a hand car wash, however, following issues with the operation of the site, this was not renewed and operations ceased in 2013. Last year, planning application P/18/0791 for 21 flats at the site was submitted, however, following discussion with the Planning Service, this was subsequently withdrawn.

4 Consultation(s)

4.1 Roads and Transportation Services – no objections to the proposal subject to the attachment of conditions in relation to visibility splays, parking, surfacing and the implementation of a dropped kerb access. Response: Noted, any permission granted can include appropriate conditions.

4.2 Environmental Services – no objections to the proposal subject to the attachment of conditions and advisory notes in relation to waste control and noise. Response: Noted, any permission granted can include appropriate conditions and advisory notes.

4.3 Scottish Water – no objections to the proposal. Response: Noted.

4.4 SP Energy Networks – no response received to date. Response: Noted.

4.5 TRANSCO – no objections to the proposal. Response: Noted.

5 Representation(s)

5.1 Statutory neighbour notification was undertaken and the proposal was also advertised in the local press as not all neighbouring land could be identified. One letter of objection and one letter of comments were received, the points of which are summarised below:

a) Is the proposal for social or private housing? Response: The proposal is a joint venture by Wilson Developments (Scotland) Ltd and Rutherglen and Cambuslang Housing association. They have confirmed it is intended the units would be occupied by elderly persons.

b) The proposed layout of the development will overlook the adjacent residential properties and their gardens and result in a loss of light. Response: It is considered that the proposed flatted block has been positioned to minimise any impact on the adjacent properties. Whilst there are windows on the side elevation of the proposal, these are forward of the

16 existing residential properties and their rear gardens, therefore, it is not considered there will be any significant overlooking. In terms of light, an overshadow test has been carried out by the Council which concluded that there will not be any significant overshadowing of the adjacent residential properties.

c) Objector also objects on the basis of nature conservation, parking, road safety, traffic generation, noise, disturbance and odour. Response: The applicants have provided a bat survey which concluded there are no bat roosts within the trees on the site. In terms of traffic issues, the Council’s Roads and Transportation Service was consulted as part of this application and raised no objections in terms of parking, road safety or traffic generation. In terms of noise, disturbance and odour, the Council’s Environmental Services have also raised no objections, however, request the attachment of advisory notes in relation to noise applicable throughout the construction process. Should permission be granted, these can be attached.

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 erection of 18 flats at 84 Hamilton Road, Cambuslang. The application is in association with Rutherglen and Cambuslang Housing Association to provide accommodation for the elderly. The determining issues in the assessment of this application are compliance with local plan policy, its impact on the amenity of the adjacent properties and road safety matters.

6.2 As noted above, Policy 4 – Development Management states that all development proposals will require to take account of, and be integrated with the local context and built form. Development proposals should have no significant adverse impacts on the local community and, where appropriate, should include measures to enhance the environment. Policy 6 – General Urban Area/Settlements is also relevant and states that, within residential areas, development will not be permitted if it is detrimental to the amenity of residents in terms of visual impact, noise, smell, air pollution, disturbance, traffic or public safety.

6.3 In this case, it is considered that the proposed block has been sited to minimise impact on the adjacent residential properties in terms of overlooking and overshadowing. In addition, it has been designed and finished in materials sympathetic to the surrounding residential properties, however, a condition would be attached to any permission granted for full samples to be submitted prior to works commencing on site. With regards to the Council’s Residential Development Guide, I am satisfied the proposed layout meets with the main standards in relation to parking, amenity space and window to window distances. Whilst some landscaping details have been submitted, should permission be granted, a condition would be attached for full details to be submitted and agreed prior to works commencing on site. In addition, should permission be granted, a condition would be attached requiring the implementation of a suitable fence or wall along the rear and side boundaries of the site to be agreed prior to works

17 commencing on site and implemented prior to the development being brought into use.

6.4 The Council’s Roads and Transportation Service was consulted on this proposal and raised no objection subject to the attachment of conditions in relation to visibility splays, parking, surfacing and the implementation of a dropped kerb access. The Council’s Environmental Services also raised no objection subject to the attachment of conditions and advisory notes in relation to waste provision and noise. Should permission be granted, suitable conditions and advisory notes can be attached. Scottish Water and TRANSCO were also consulted and raised no objections, and no response has been received to date from SP Energy Networks.

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 proposals accord with Policies 3 and 5 in the Proposed plan.

6.6 As noted above, the statutory neighbour notification was carried out and the application advertised in the local press as not all neighbouring properties could be identified. As such, one letter of objection and one letter of comments 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.

6.7 In conclusion, it is considered that the proposal complies with the relevant local plan policies and supplementary guidance and I, therefore, recommend planning permission is granted subject to the attached conditions.

7 Reasons for Decision

7.1 The proposed development complies with Policies 4 and 6 of the Adopted South Lanarkshire Local Development Plan (2015) and Policies 3 and 5 of the Proposed South Lanarkshire Local Development Plan 2 (2018).

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 29 January 2019

Previous references  P/18/0791  CR/13/0061  CR/11/0058  CR/08/0253  CR/07/0228

18 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 11 December 2018

► Consultations

Roads Development Management Team Environmental Services 25.01.2019 Scottish Water 19.12.2018 SEPA West Region 17.12.2018 SP Energy Network No response TRANSCO Plant Location 24.12.2018

► Representations Dated:

Lee Keir 21.12.2018

Shahzad Afzal And Samina Afzal, 32 Robert Templeton 10.01.2019 Drive, Cambuslang, G72 7NE

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: Email: [email protected]

19 Detailed planning application

Paper apart – Application number: P/18/1751

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.

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

02. All external colours shall be agreed in writing with the Council as Planning Authority prior to the commencement of works.

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

03. 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 by 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 of the flatted dwellings situated on the site are occupied, the fence or wall for which the permission of the Council as Planning Authority has been obtained under the terms of Condition 3, 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.

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 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.

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 the development hereby approved shall not be commenced until the land drainage works have been completed in accordance with the plans submitted to

20 and approved by the Council as Planning Authority under the terms of Condition 5 above.

Reason: To ensure the timeous provision of a satisfactory drainage scheme.

07. 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.

08. That any recommendations of the Acorna Ecology Ltd Bat Roost Potential Survey & Bat Presence/Absence Survey report dated August 2018 shall be carried out in accordance with this document prior to and throughout the construction process.

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

09. That before the development hereby approved is completed or brought into use, a visibility splay of 2.5 metres by 90 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.

10. That before the development hereby approved is completed or brought into use, all parking spaces (2.5m x 5.5m modules) shall be laid out, constructed and thereafter maintained to the specification of the Council as Roads and Planning Authority. Reason: To ensure the provision of adequate parking facilities within the site.

11. That during construction wheel washing facilities shall be installed at the entrance/exit to the site, in order that all vehicles leaving the site are kept clear and free of debris. The applicant or subsequent operator(s) shall at all times be responsible for the removal of mud or other materials deposited on the public highway by vehicles entering or leaving the site. Reason: In the interests of traffic and public safety.

12. That before the development is completed or brought into use, the surface of the access shall be so trapped and finished in hardstanding as to prevent any surface water or deleterious material from running onto or entering the road.

Reason: In the interests of traffic safety and to prevent deleterious material entering the road.

13. That before the development hereby approved is brought into use, a 6m vehicular dropped kerb access to the site shall be constructed in accordance with the specification and to the satisfaction of the Council as Roads and Planning Authority.

Reason: In the interests of traffic and public safety.

14. That before the development hereby approved is brought into use, the existing accesses into the site shall be replaced with footways and kerb upstands in accordance with the specification and to the satisfaction of the Council as Roads and Planning Authority.

Reason: In the interests of traffic and public safety.

15. 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.

16. 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.

17. That the existing trees to be retained must be protected in accordance with methods as set out in BS5837/1991 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.

18. That before development starts, full details of the design and height of a fence or wall, including any retaining walls, to be erected on the site along the shared boundary with the existing residential development at Robert Templeton Drive, along the rear boundary in front of the embankment and along the western boundary shall be submitted to and approved by the Council as Planning Authority

22 and thereafter implemented and maintained to the satisfaction of the Council prior to the development being brought into use.

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

24 Agenda Item

Report 4 Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/18/0668 Planning proposal: Construction of Phase 2 spine road with associated works - discharge of matters specified in conditions 1 (a to h), 5, 6 and 11 of CR/12/0099 for part of phase 2.

1 Summary application information [purpose] Application type:• Approval of matters specified in conditions. • Applicant: Clyde Gateway Developments Ltd Location: • Land Adjacent To Southcroft Road Rutherglen Glasgow South Lanarkshire 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Grant discharge of conditions 1 (a to h), 5, 6 and 11 of CR/12/0099, as follows:

• Condition 1(a to h) – discharged for application site, subject to conditions 2 to 12 • Condition 5 – discharged for application site • Condition 6 – discharged for application site, subject to condition 1 as per paper apart • Condition 11 – discharged for application site. [1recs] 2.2 Other actions/notes

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

3 Other information ♦ Applicant’s Agent: Adrian Smith ♦ Council Area/Ward: 12 Rutherglen Central And North ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 1 Spatial strategy Policy 2 Climate change Policy 4 Development management and

25 placemaking Policy 7 Employment Policy 11 Economic development and regeneration Policy 16 Travel and Transport Policy 17 Water environment and flooding

Supplementary Guidance 1: Sustainable development and climate change Policy SDCC1 Vacant, derelict and contaminated land

South Lanarkshire Local Development Plan 2 (proposed 2018) Policy 1 Spatial Strategy Policy 2 Climate change Policy 5 Development Management and Placemaking Policy 8 Employment Policy 15 Travel and Transport Policy 16 Water Environment and Flooding Policy SDCC1 Vacant, derelict and contaminated land Policy ICD1 Strategic Economic Investment Locations

♦ Representation(s):

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

♦ Consultation(s):

Environmental Services

Roads Development Management Team

Scottish Water

Roads Flood Risk Management

SEPA West Region

Transport Scotland

26 Planning Application Report

1 Application Site

1.1 The application site lies within the Shawfield area of Rutherglen and forms part of the Clyde Gateway development area, which is being developed to facilitate the creation of a national business district. The proposal relates to a road linking the junction of Glasgow Road/Camp Road to Clyde Gateway Road which lies within Glasgow. The applicant is Clyde Gateway Developments Ltd and the proposal is designed to open up access to existing and future occupiers of the phase two area and enhance opportunities for economic development in this area. Planning permission in principle (CR/12/0099) was previously granted on 6 December 2012 for “Infrastructure improvements, remediation of contamination and creation of development platforms for class 4, class 5, class 6 and office uses along with ancillary commercial, leisure and retail uses with selective demolition of existing buildings and associated works.” CR/12/0099 included a masterplan proposal for development over a much larger area, to include land within Glasgow City Council. The part of the masterplan within South Lanarkshire extends to approximately 55 hectares.

1.2 The application site under consideration is primarily vacant ground, which is generally flat and consists primarily of hardstanding and mixed surfaces. The proposal is for a continuous road link with the southern end in South Lanarkshire and the northern end in Glasgow. The application site area is 2.4 hectares and lies within the phase 2 area of the original masterplan. Phase 1 of the masterplan has been subject to remediation and engineering works and the first building (Red Tree building – CR/16/0204) is now completed.

2 Proposal(s)

2.1 The application under consideration is a matters specified in conditions application and is to discharge conditions 1 (a to h), 5, 6 and 11 of CR/12/0099 for the area covered by the application site only. Condition 1 relates to the submission of detailed information on design, access, landscaping, phasing, construction details and protected species. Condition 5 relates to the submission of a design statement and condition 6 relates to the submission and approval of a site investigation/remediation strategy to deal with potential contamination within the site. Condition 11 relates to the submission and approval of flood management measures, where required.

2.2 The proposed road is to be approximately 400m in length within South Lanarkshire with a further 200m approximately within Glasgow. The total width of the proposed road at its maximum point, including footways, suds/verge is to be approximately 20m. This would consist of a ghost island/turning lane and a 3m wide combined footway/cycleway. The proposed road is to be built in 3 phases, with phase 1 within Glasgow City Council, phase 2 relating to a section leading from Glasgow Road/Camp Road, and phase 3 the middle section, joining the two ends. The submission included supporting information related to landscaping, drainage strategy, remediation/contamination strategy, earthworks strategy and ecological information.

27 3 Background

3.1 Strategic Development Plan background 3.1.1 The Glasgow and Clyde Valley Strategic Development Plan (2017) identifies the Clyde Gateway as within the key development corridor as part of the overall spatial development strategy. The importance of the project to future sustainable growth of the city region is also recognised in NPF3.

3.2 Local Plan Status

3.2.1 In terms of site specific policies of the adopted South Lanarkshire Local Development Plan 2015 (SLLDP), the Clyde Gateway is identified within policy 1 (Spatial Strategy) as a Strategic Economic Investment Location (SEIL) and a Development Framework Site. Policy 7 (Employment) also identifies the site as a SEIL. Appendix 3 of the SLLDP sets out requirements and key objectives for the development of the Clyde Gateway area.

3.2.2 In addition to the above policy designation, which provides the overarching Local Plan policy direction for the site, the following additional policies within the SLLDP are also relevant to this application.

• Policy 4 – Development management and placemaking • Policy 11 – Economic development and regeneration • Policy 16 - Travel and Transport ● Policy 17 – Water environment and flooding

3.2.3 The following supplementary guidance documents are also relevant to this assessment:

• Sustainable development and climate change • Development Management Place Making and Design • Industrial and commercial development

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:

• Policy 1 - Spatial Strategy • Policy 2 – Climate Change • Policy 5 – Development Management and Placemaking • Policy 8 – Employment • Policy 15 Travel and Transport • Policy 16 – Water Environment and Flooding • Policy SDCC1 – Vacant, derelict and contaminated land • Policy ICD1 – Strategic Economic Investment Locations

28 3.2.5 A full assessment of the proposal against these specific policies is contained in Section 6 of this report.

3.3 Relevant Government Advice

3.3.1 Relevant Government guidance is set out within the consolidated Scottish Planning Policy (SPP) 2014 and National Planning Framework 3 (NPF3). NPF3 states that city regions will be the focus for investment as the main drivers of the economy. As such, the Clyde Gateway is identified as contributing to this strategy. SPP introduces a presumption in favour of development that contributes to sustainable development and states that appropriate economic development in the correct location is encouraged.

3.3 Planning Background 3.3.2 Planning application CR/12/0099 (Infrastructure improvements, remediation of contamination and creation of development platforms for class 4, class 5, class 6 and office uses along with ancillary commercial, leisure and retail uses with selective demolition of existing buildings and associated works) was granted planning permission in principle on 6 December 2012.

4 Consultation(s)

4.1 Environmental Services – have no objections to the discharge of condition 6, subject to the imposition of conditions relating to contamination/remediation, dust management and air pollution sources. Following discussions with Environmental Services, conditions on a risk assessment of pollution linkages and dust management were considered necessary, in addition to advisory notes. Response: Noted. Appropriate conditions and advisory notes can be imposed, as required.

4.2 Scottish Water – have no objections. Response: Noted.

4.3 SEPA – have advised that they are generally satisfied that matters relating to conditions 1, 5 and 11 have been addressed. Additional information is deemed necessary in respect of site investigation works, earthworks and the reuse of surplus materials/platforming works. Response: Following receipt of the above comments, discussions have taken place with SEPA and agreement has been reached on appropriately worded conditions to address the relevant issues.

4.4 Roads and Transportation Flood Risk Management – have no objections subject to compliance with the Council’s drainage design criteria and submission of associated appendices. Comment is also provided relating to an unresolved compensatory storage matter relating to a portion of the proposed carriageway. Response: Noted. Appropriate conditions can be imposed in relation to flood drainage/flood risk matters. In respect of flood risk associated with a portion of the carriageway, it is noted that the area in question is with the Glasgow City Council area. It is further noted that SEPA have no objections on flood risk grounds.

4.5 Transport Scotland – have no objections to discharge of the relevant conditions. Response: Noted.

29 4.6 Roads and Transportation Development Management – have no objections, subject to conditions requiring submission of additional information for agreement prior to the start of development. Response: Noted. Appropriate conditions and advisory notes can be imposed, as required.

5 Representation(s)

5.1 Statutory neighbour notification was undertaken and the proposal was advertised for non-notification of neighbours and nature or scale of development. Three letters of representation have been received in respect of the proposed development. The grounds of objection and issues raised can be summarised as follows:

a) Concern over proximity of proposed road to a building adjacent to the site. Also concern over the design and appearance of the road, potential odours and noise and disturbance. Response: The principle of the spine road has been established by planning permission in principle CR/12/0099. It is noted that the proposal includes extensive landscaping to soften the appearance of the route and help mitigate potential environmental impacts. It is considered that the route of the proposed road will not detract from the amenity or operation of surrounding occupiers. Environmental Services have offered no objections to the proposal, subject to conditions and advisory notes.

b) Concerns over traffic generation, impact on car parking. Concerns over safety, including removal of a water tower which serves a sprinkler system and potential impact on a fire escape of an adjacent building. Response: The principle of the spine road has been established by planning permission in principle CR/12/0099. Roads and Transportation Services have no objections to the proposal, subject to the imposition of appropriate planning conditions. Any planning permission granted does not override the legal rights of adjacent owners. It is considered that the proposed road will not result in a significant loss of amenity or impact on the operation of adjacent business. A condition can be imposed requiring further details of how parking for existing occupiers will be addressed during and post construction.

c) Concerns over disruption to adjacent premises in terms of access. The narrow width of the proposed access road is too small to accommodate HGVs. Response: Roads and Transportation Services have no objections to the proposal, subject to the imposition of appropriate conditions.

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 application relates to the discharge of conditions 1 (a to h), 5, 6 and 11 imposed on planning permission in principle CR/12/0099. The applicant has

30 chosen to seek discharge of these conditions only and for only part of the application site covered by CR/12/0099, i.e. the route of the proposed spine road and associated works. As such, the proposal under consideration relates to seeking agreement on the design of the proposed road, the proposed approach to remediation (including any associated earthworks) and flood risk on the site under consideration. In addition, the applicant is seeking discharge of condition 1(g) which relates to submission of an updated protected species survey. In support of the proposal, the applicant has submitted a contamination assessment report, remediation report, earthworks strategy and ecological appraisal.

6.2 In terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, planning applications have to be determined in accordance with the development plan unless other material considerations indicate otherwise. In this regard, the Clyde Gateway is supported by national policy in NPF3, as well as regional and local policies. The approved Glasgow and Clyde Valley Strategic Development Plan (2017) and the adopted South Lanarkshire Local Development Plan identify the application site primarily for redevelopment for business/industry, as highlighted at section 3.2 above. Furthermore, the proposals are considered to meet key objectives of Scottish Planning Policy in respect of sustainable development and sustainable economic growth.

6.3 The principle of development of an industrial spine road in this location has already been established by planning permission CR/12/0099. Furthermore, it is considered that the principle of providing a link road as part of a wider proposal to regenerate the Shawfield area, improve local environmental conditions and to enable future development is supported by policies 4 (Development management and placemaking) and 16 (Travel and Transport) of the SLLDP and also supplementary guidance Policy SDCC1 (Vacant, derelict and contaminated land). The assessment of this application, therefore, relates to the specific details submitted to discharge the relevant conditions. In this regard, each condition subject to this application is outlined below.

6.4 Conditions 1 (a to f) – site layout, details, access, landscaping, drainage and phasing. The applicant has submitted detailed drawing relating to the above matters. It is considered that the details submitted are acceptable, subject to the imposition of further details related to further technical Roads and Transportation requirements. The proposal is, therefore, considered to be in compliance with Policies 4 (Development Management and Placemaking) and 16 (Travel and Transport) of the SLLDP

6.5 Condition 1(g) – updated protected species surveys The applicant has submitted an ecological appraisal of the site. No protected species or associated ecological issues were identified on the site and surrounding area. It is, therefore, recommended that this condition is discharged for the application site under consideration.

6.6 Condition 6 – site investigation/remediation This condition relates primarily to the submission of details relating to site investigation, risk assessment and remediation. Following discussions with the applicant and taking into account advice from SEPA and Environmental Services, it has been concluded that the condition can be part discharged, relative to the

31 application site only. The additional details requested relate to submission of a risk assessment of pollutant linkages, including the reuse of materials on site. Condition 6 can, therefore, be discharged, relative to the application site only, subject to the above requirement, which can be enforced by imposing a further planning condition.

6.7 Condition 11- flood management measures The application site under consideration, within South Lanarkshire, is outwith any identified flood risk areas associated with the Shawfield masterplan. SEPA have confirmed that that have no objections on flood risk grounds and, in this regard, no flooding issues are anticipated with this specific site and the associated works. SEPA have also highlighted that condition 11 requires a holistic flood management strategy to be prepared for phase 2 of the masterplan and, as such, this matter will require to be addressed in the next phase 2 submission. Taking the comments of SEPA into account, it considered that there is no conflict with the terms of policy 16 (Water environment and flooding) of the SLLDP and condition 11 can be discharged, relative to the application site only.

6.8 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 the relevant polices detailed in section 3.2.4 above.

6.9 On the basis of the above, it is concluded that sufficient information has been submitted to discharge the relative conditions outlined above. Furthermore, it is considered that the proposals are in compliance with the relevant policies of the development plan, as outlined in section 3 above. It is, therefore, recommended that conditions 1(a to h), 5, 6 and 11 are discharged, as follows:

7 Reasons for Decision

7.1 The proposed development accords with the relevant policies of the approved Glasgow and Clyde Valley Strategic Development Plan (2017) and the adopted South Lanarkshire Local Development Plan (2015), as set out within section 3 above and, in particular, Policy 1 (Spatial Strategy) in that it would assist in the delivery of a high quality business development at this location. The proposed development will not give rise to adverse impacts on infrastructure that cannot be covered by planning conditions.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 15 February 2019

Previous references  CR/12/0099

► Consultations Environmental Services 02.07.2018 Roads Development Management Team 07.02.2019 Scottish Water 24.05.2018 Roads Flood Risk Management 08.06.2018 SEPA West Region 02.07.2018 Transport Scotland 07.02.2019

► Representations Dated:

Dennis Bence, 11.06.2018

Mr Saeed Hussain, 201 Glasgow Road, Rutherglen, 11.06.2018 Glasgow, South Lanarkshire, G73 1SU

Dennis Bruce, Unit 9 Boundary Road, Shawfield Industrial 22.05.2018 Estate, G73 1DB

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

Alan Pepler, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB Email: [email protected]

Detailed planning application

Paper apart – Application number: P/18/0668

Conditions and reasons

01. That unless otherwise agreed in writing by the Planning Authority, prior to the start of any works, a risk assessment of pollutant linkages (other than groundwater) including the reuse of materials on site in accordance with the agreed Earthworks Strategy shall be submitted to and approved in writing by the Planning Authority. If necessary, further investigation of these linkages shall be undertaken and the findings submitted to the Planning Authority for written approval.

Reason: To avoid unacceptable risks to human health and the environment, and to ensure that the land is remediated and made suitable for its proposed use.

02. That unless otherwise agreed in writing by the Planning Authority, notwithstanding the plans hereby approved and prior to the commencement of development, a detailed design, generally in accordance with drawing SCT4151/I/TA/003, for Glasgow Road/Southcroft Road shall be submitted to and approved in writing by the Planning Authority. In support, the applicant shall submit new analysis to inform signal timings and how the signals will operate with other signals in the vicinity. The traffic signal junctions must be constructed in accordance with the approved drawings, which will require the resurfacing of the junction, including anti-skid provision and installation of new traffic signal equipment as deemed necessary by Roads and Transportation Services, prior to the spine road being opened. Reason: In the interests of traffic safety and to ensure the final design solution accords with Roads and Transportation standards. 03. That unless otherwise agreed in writing by the Planning Authority, notwithstanding the plans hereby approved and prior to the commencement of development, a detailed design, generally in accordance with drawing SCT4151/I/TA/004 Rev B, for Glasgow Road/Rutherglen Road shall be submitted to and approved in writing by the Planning Authority. In support, the applicant shall submit new analysis to inform signal timings and how the signals will operate with other signals in the vicinity. Reason: In the interests of traffic safety and to ensure the final design solution accords with Roads and Transportation standards. 04. That unless otherwise agreed in writing by the Planning Authority, notwithstanding the plans hereby approved and prior to the commencement of development, a detailed design of the landscaping and drainage proposals (including maintenance responsibilities and signed appendices to comply with the Council’s Design Criteria) shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the landscaping requires to be designed to ensure that it will have no adverse effect on the visibility of any access/junction onto the proposed spine road.

34 Reason: To ensure that the proposed landscaping does not have an adverse impact on traffic safety and to ensure that adequate drainage arrangements are provided in accordance with the Council’s standards. 05. That prior to the commencement of development, a detailed statement (including appropriate plans as required) on how the current on-street car parking will be dealt with during construction operations and following completion, shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of traffic safety and to ensure that adequate provision is put in place for current occupiers adjacent to the site. 06. That prior to the commencement of development, a detailed analysis to demonstrate the operation of the proposed junctions on the spine road shall be submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing with the Planning Authority and notwithstanding the plans hereby approved, the minimum junction spacing between the access locations will require to be 100m and have the appropriate visibility splays. A swept path analysis should also be undertaken and submitted to support the detailed analysis and drawings relating to these junctions.

Reason: In the interests of safety and to ensure that the design of the spine road is compliant with Roads and Transportation standards.

07. That unless otherwise agreed in writing by the Planning Authority, notwithstanding the plans hereby approved and prior to the commencement of development, a detailed drawing showing the extents of what will require to be stopped up shall be submitted to and approved in writing by the Planning Authority.

Reason: For the avoidance of doubt, as this level of information has not been provided.

08. That prior to the commencement of development, a signing strategy for the public road network shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of road safety.

09. That unless otherwise agreed in writing by the Planning Authority, notwithstanding the plans hereby approved and prior to the commencement of development, a detailed drawing showing the location and design of the proposed turning circle shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of road safety.

10. That unless otherwise agreed in writing by the Planning Authority, notwithstanding the plans hereby approved and prior to the spine road being brought into use, a 2m wide footway on one side of the road and a 3m wide footway/cycleway on the other side of the road shall be provided to the specifications of the Planning Authority.

Reason: In the interests of road safety and to ensure that sustainable transport options are encouraged.

35 11. That unless otherwise agreed in writing with the Planning Authority and prior to the commencement of development, a stage 1 and 2 safety audit shall be submitted to and approved in writing by the Planning Authority. Any results and recommendations of the safety audit that require design amendments shall thereafter be submitted to the Planning Authority for approval prior to the commencement of development.

Reason: In the interests of public safety.

12. That unless otherwise agreed in writing with the Planning Authority and prior to the commencement of development, details of proposed construction operations, to include wheel washing, sheeting of vehicles, dust management, location of site offices, compounds storage and parking areas shall be submitted to and approved in writing by the Planning Authority.

Reasons: In the interests of traffic safety.

38 Agenda Item

Report 5

Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. EK/18/0013 Planning proposal: Conversion and extension including part demolition of existing dwelling house to form 4 no. flats, erection of 4 no terraced dwellings and 5 no. detached dwellings. (13 dwellings in total)

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Scott Homes (Builders) Ltd Location: • 7 Threestanes Road Strathaven ML10 6DX [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: Scott Building Services ♦ Council Area/Ward: 05 Avondale And Stonehouse ♦ Policy Reference(s): South Lanarkshire Local Development Plan: Policy 4 Development management and placemaking Policy 6 General urban area/settlements Policy 15 Natural Historic Environment Supplementary Guidance 3: Development Management, Placemaking and Design Policy DM1 Design Supplementary Guidance 9: Natural Historic Environment Policy NHE3 – Listed Buildings

39 Proposed South Lanarkshire Local Development Plan 2 2018 Policy 3 General urban area/settlements Policy 5 Development management and placemaking Policy 14 Natural Historic Environment Policy NHE3 – Listed Buildings

♦ Representation(s):

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

♦ Consultation(s):

Roads Development Management Team

SEPA West Region

SP Energy Network

Scottish Water

Avondale Civic Society

Strathaven Community Council

Environmental Services E-consult

RT Flood Risk Management Section

Historic Environment Scotland

Planning Application Report

1 Application Site

1.1 The application site relates to Brookfield, a two storey detached C(s) listed villa and grounds (1.04 hectares) located off Threestanes Road within the built up area of Strathaven. The house itself, which has previously been extended, is located at the northern end of the site. A disused single storey outbuilding lies to the west of the house with a parking/turning area to the front. Vehicle access to the site is from Threestanes Road and is shared with an adjacent property known as Brookfield Cottage.

1.2 Although flat in its centre, the site slopes up slightly towards its southern, western and northern boundaries, all of which are extensively wooded in addition to the central part of the site surrounding the access road and turning areas. A small burn runs approximately west to east through the southern half of the site.

1.3 The site is bounded to the north and east by a small modern residential estate at Cullinpark Grove, to the south is the John Hastie Museum and other residential properties. Kirkland Park Primary School and its grounds lie to the west of the site.

2 Proposal(s)

2.1 This report refers to an application for Planning Permission for the conversion and extension of the existing house to form four flats and for the erection of four terraced houses to the rear of the house and five detached dwellings within the grounds to the front. This will result in a total of 13 dwellings. In order to facilitate the development, part of the house to the west will be demolished to create access to the proposed terraces. A new extension will be built on the east to house one of the flats. Three flats will be created within the existing house. The conversion/extension of the existing building is subject to a Listed Building Consent also being reported to this Committee (EK/18/0034).

2.3 The four terraced houses will comprise the erection of a two storey row at right angles to the main house. Each of the gardens will be independently accessed from the terraces themselves.

2.4 The remaining units would comprise the erection of five detached dwellings, primarily facing into the centre of the site and backing onto the western boundary of the plot. The proposal was originally for 16 dwellings which included three detached dwellings to the south of the burn. Previously, eight houses were proposed, however, due to potential flood risk to the area to the south, three houses have been removed from the southern part of the burn. Three house types are proposed over two levels. Integral garages will be provided below two of the houses to take account of variations in site levels. Integral or detached garages will be provided on each of the remaining plots.

2.5 The existing access road will be reconstructed to Roads Authority standard and will be re-aligned slightly towards the central part of the site. In addition to the plans showing the proposed layout of the site and the design of the houses, the applicant has provided a tree survey detailing those trees which will be retained,

41 removed or subject to remedial work. One beech tree in the centre of the site has already been removed by the applicant in order to provide a road to an adoptable standard.

3 Background

3.1 Local Plan Status

3.1.1 The application site is identified as lying within a residential area of Strathaven in the adopted South Lanarkshire Local Development Plan. The relevant policies in this instance are 4– Development Management and Placemaking, 6 – General Urban Area/Settlements, 15 –Natural and Historic Environment, NHE3 – Listed Buildings are applicable.

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, Policies 3, 5, 14 and NHE3 are relevant. All policies are similar to those in the adopted plan.

3.2 Relevant Government Advice/Policy 3.2.1 None

3.3 Planning Background 3.3.1 A number of planning permissions have been granted on the site since 2004. The most recent consent was granted in 2013 for the conversion of the original house into four flats and the erection of 3 mews cottages and seven detached dwellings. This consent expired in 2016.

4 Consultation(s)

4.1 Environmental Services – No objections subject to standard advisory notes. Response: Noted. Advisory notes to be added.

4.2 SEPA – previously objected to the proposal due to lack of flooding information. Have now withdrawn their objections based on the submission of additional information. Response: Noted.

4.3 Roads and Transportation Services (Development Management) - No objections subject to conditions relating to drainage, access and visibility. Response: Noted. These conditions have been attached.

4.4 Avondale Civic Society – no response to date although they have responded to the listed building application which is also being reported to this Committee. Response: Noted.

4.5 Scottish Water – no water implications as a result of the proposal Response: Noted.

4.6 SP Energy Networks – no objections Response: Noted.

4.7 Roads and Transportation Services (Flood Risk Management) – no objections subject to provision of SUDs Response: Noted. These conditions have been attached.

4.8 Strathaven and Glassford Community Council – no response to date. Response: Noted.

4.9 Historic Environment Scotland – advised verbally that they have no comments to make as the existing house is a ‘C’ listed building. Response: Noted.

5 Representation(s)

5.1 Statutory neighbour notification was undertaken and the proposal was advertised in the East Kilbride New and a site notice was also placed on site. Following this, one letter of comment was submitted, the points raised are summarised below. Following changes to the layout and the reduction to 13 units, neighbour notification was carried out again. Following this, no further comments have been received.

(a) Concerns that a velux window proposed for the north elevation of plot 7 will remove privacy to 3 Threestanes Road. Response: The agent has confirmed that the velux in question will be relocated to the south side of the building removing any potential for loss of privacy. The author of the comment letter has confirmed this arrangement is acceptable to them

This letter is available on the planning portal.

6 Assessment and Conclusions

6.1 The main determining issue for consideration in the assessment of this application is how the proposal relates to relevant policies contained within the adopted local plan for the area. More specifically, the proposal can be assessed firstly in terms of whether the principle of the development is likely to be acceptable in both land use terms and in the context of the setting of the listed building and the site characteristics and, if so, whether the detail of the proposal is acceptable.

6.2 In terms of the adopted South Lanarkshire Local Development Plan the site is identified as a residential area, therefore, the principle of the development of the site is considered acceptable in land use terms. The proposal can be assessed against Policy 4 - Development Management, Placemaking and Design. This policy states that all proposals should take fully into account the local context and built form and that development should be compatible in terms of scale, massing and the external materials of adjacent buildings and the surrounding streetscape. Proposals should also seek to incorporate quality external materials. The Council’s stance on Sub-Division of Garden Ground, which is contained within this policy, states that there will be a presumption against the development of a new

43 house or houses within the curtilage of an existing property unless all of eight specific criteria are met. These cover matters such as plot size, road frontage, privacy, parking, design and protection of trees and hedges. Criteria on Sub- Division of Residential Property, which is also contained within this policy, is also relevant to this proposal and states that these will be assessed on their individual merits. Appropriate access and parking standards also require to be provided and criteria require to be met on lighting, outlook, refuse collection and garden ground.

6.3 Policy 6 – General urban area/settlements is also relevant in this instance. This states that new housing development will be of a design, scale and materials appropriate to the site and its surroundings and should conform to the approved South Lanarkshire Council Residential Design Guide. This sets out a number of criteria such as minimum house to plot ratios, garden sizes, window to window distances and parking and access standards. Policy 15 – Protection of the Natural and Built Environment states that the Council will oppose any proposals which would have an adverse impact on the natural and built environment and safeguard designated or listed sites. Policy NHE3 – Listed Buildings states that the Council will use its powers to ensure the continued conservation and enhancement of listed buildings and will strictly control all development to ensure that proposed works are in keeping with the age and character of the building. In addition, the Council will presume against development which has an adverse impact on the amenity and character of listed buildings.

6.4 Roads and Transportation Services have confirmed that the proposed road within the site will be acceptable and that the development will not raise any road safety issues. Similarly, adequate parking has been provided on each of the plots and I am not of the opinion that issues of a loss of privacy will arise. Whilst noting that a number of trees will be lost as a result of the development, I am of the view that this is acceptable in this instance given their condition and that an acceptable replanting scheme will be conditioned. It is considered that the proposed houses would be of an appropriate scale and massing, resulting in a development which would broadly reflect the character of the adjacent Cullinpark Grove. I am also of the view that the subdivision of the house is acceptable in this instance and that the provision of four flats within the property will be appropriate in this instance. I also consider that the external alterations proposed will be acceptable. In this regard I am satisfied that the proposal complies with policies 4 and 6 of the adopted local plan together with the Residential Design Guide.

6.5 SEPA originally had concerns in relation to flooding as a result of the burn which runs to the south of the site. This would have potentially left three dwellings at risk from flooding. The applicant has taken note of this and removed the three houses from the application. Subsequently, SEPA have now removed their objection. Notwithstanding this, a condition has been attached to ensure that SUDs drainage is provided on site.

6.6 One of the principal considerations in the assessment of the proposals is the effect of the development on the existing listed building. The effect on the building can be assessed both in the context of the works proposed to the house itself and on its setting. Considering these in turn, I do not consider that the alterations proposed to the building itself are inappropriate. None of the internal works proposed will affect any traditional features such as stairs, or cornicing and I intend to impose a condition requiring these to be retained. I am also satisfied that

44 the external alterations proposed are acceptable. Whilst noting that the grounds of the building will be developed for housing, I am of the view that the principle of this will be acceptable given the size of the site and the position of the houses in relation to the existing building. I am also of the view that the design of the new properties will be acceptable. I intend to impose a condition requiring details to be submitted on the proposed external finishes for the new dwellings in addition to walls, fences and areas of hard standing to ensure that these are inappropriate for the location and setting. I would re-iterate these comments in terms of Policies 4, 6 and 15 above. I am satisfied that the development will ensure the future integrity of the C listed building.

6.7 The effect of the development on the existing tree cover on the site has been a principal consideration for the Council in the assessment of the proposal. As required under Policy 14 of the local plan, a tree survey has been submitted by the applicant showing the trees to be retained and removed. It is acknowledged that a number of the trees on the site to be removed are currently in poor condition and require to be removed or have remedial works undertaken regardless of the development proposals. This being so, appropriate conditions have been imposed to ensure the protection of those trees which are remaining.

6.8 I am therefore satisfied that the proposal can meet the aims of all the relevant proposals of the adopted local development. In addition, the proposal also complies with the relevant policies in the proposed local development plan.

7 Reasons for Decision

7.1 The proposal complies with policies 4, 6, 15 and NHE3 of the adopted South Lanarkshire Local Development Plan and policies 5, 14 and NH3 of the proposed South Lanarkshire Local Development Plan 2.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 14 February 2019

Previous references  None

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 12 December 2018 ► Consultations

Roads Development Management Team 08.02.2018

SEPA West Region 25.07.2018

45 & 09.01.19 SP Energy Network 16.01.2018 Scottish Water 19.02.2018 Environmental Services E-consult 23.01.2018 RT Flood Risk Management Section 09.04.2018

► Representations Dated: Gregory Lawson, 3 Threestanes Road, Strathaven 31.01.2018

Gregory Lawson, 3 Threestanes Road, Strathaven, ML10 31.01.2018 6DX

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: 01698 455048 Email: [email protected]

46 Detailed planning application

Paper apart – Application number: EK/18/0013

Conditions and reasons

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

02. All external colours shall be agreed in writing with the Council as Planning Authority prior to the commencement of works.

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

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

04. 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 , 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.

05. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any such order revoking or re- enacting that order), no gates, fences, walls or other means of enclosure shall be erected between the front of the dwellinghouse and the adjoining road.

Reason: To safeguard the residential amenity of the area.

06. That the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out in or from the garage.

Reason: To safeguard the residential amenity of the area.

07. That no dwellinghouse shall be occupied until the access roads and footpaths leading thereto from the existing public road have been constructed in accordance with the specification of the Council as Roads and Planning Authority.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings

08. 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.

09. 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 ensure the provision of a satisfactory sewerage system.

10. 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.

11. That the approved landscaping scheme required by condition 10 above 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.

12. That the existing trees to be retained must be protected in accordance with methods as set out in BS5837/1991 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.

13. That prior to development commencing, a further habitat survey shall be carried out and submitted for approval in writing by the Council as Planning Authority.

Reason: To ensure that there are adequate ecological protection measures in place at the site

14. That any works arising from the further survey required by condition 13 above shall be carried out prior to development commencing.

Reason: To ensure that there are adequate ecological protection measures in place at the site.

15. 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.

16. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 35 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.

17. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 2.4 metres measured from the heel of the footway shall be provided on both sides of the vehicular access 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 access road is completed or brought into use, the surface of access shall be so trapped and finished in hardstanding as to prevent any surface water or deleterious material from running onto or entering the road.

Reason: In the interests of traffic safety and to prevent deleterious material entering the road.

19. That before the development hereby approved is completed or brought into use, a private vehicular access or driveway of at least 6 metres in length shall be provided and the first 2 metres of this access from the heel of the footway/service strip shall be hard surfaced across its full width to prevent deleterious material being carried onto the road.

Reason: To prevent deleterious material being carried onto the road.

20. That the bridge shown on the approved plans shall be constructed outside the functional floodplain with a clear span and be designed to convey the 200-year design flow.

Reason: To alleviate the potential for on-site and off-site flooding.

21 That during construction wheel wash facilities/ road cleaning regime must be provided. 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 / operatives parking requirements. Details of this shall be submitted to and approved in writing by the Council as Planning Authority prior to development commencing.

Reason: In the interests of road safety.

52 Agenda Item

Report 6

Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. EK/18/0034 Planning proposal: Alterations and extension to existing 'C' Listed Building including part demolition of outhouses (Listed building consent)

1 Summary application information [purpose] Application type:• Listed building application • Applicant: Scott Homes (Builders) Ltd Location: • 7 Threestanes Road Strathaven ML10 6DX [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.

Proposed South Lanarkshire Local Development Plan 2 2018 Policy 15 Natural Historic Environment Policy NHE3 – Listed Buildings

53 ♦ Representation(s):

► 0 Objection Letters ► 0 Support Letters ► 1 Comment Letters

♦ Consultation(s):

Avondale Civic Society

Strathaven and Glassford Community Council

Historic Environment Scotland

Planning Application Report

1 Application Site

1.2 The site is bounded to the north and east by a small modern residential estate at Cullinpark Grove, to the south is the John Hastie Museum and other residential properties. Kirklandpark Primary School and its grounds lie to the west of the site.

2 Proposal(s)

2.1 This report refers to an application for Listed Building Consent for the conversion and extension of the existing house to form four flats. In order to facilitate the development, part of the house to the west will be demolished to create access to the proposed terraces. A new extension will be built on the east to house one of the flats. The three remaining flats will be created within the existing house.

2.2 The existing access road will be reconstructed to Roads Authority standard and will be re-aligned slightly towards the central part of the site as part of the detailed planning application.

2.3 The applicants have submitted a Design Statement confirming that the new extension (replacing the outbuildings) will replicate the existing building’s render finish, margins and plinth course. In addition, the roof will be re-slated and the existing soffits and facias will be repaired. The proposed uPVC windows, will be of high quality and will require to be agreed prior to installation to ensure they maintain the traditional appearance of the listed building. Each dwelling will also have its own separate entrance.

3 Background

3.1 Local Plan Status 3.1.1 As the application relates to a listed building, the policies 15 –Natural and Historic Environment and NHE3 – Listed Buildings of the adopted South Lanarkshire Local Development Plan are applicable.

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 and listed building consents, the proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance, Policies 14 – Natural and

55 Historic Environment and NHE3 – Listed Buildings are relevant. Both policies are similar to those in the adopted plan.

3.2 Relevant Government Advice/Policy

3.2.1 None

3.3 Planning Background

3.3.1 A number of permissions have been granted on the site since 2004. The most recent consent was granted in 2013 for the conversion of the original house into four flats. This consent expired in 2016.

4 Consultation(s)

4.1 Avondale Civic Society – support the principle of the rehabilitation of the building, however would like to see the chimneys retained. In addition, the missing gate pier should be re-instated. Response: Noted. The applicant has considered repairing and retaining the existing chimneys, however, this would have led to maintenance issues for any new occupants. The overall rehabilitation of the house will maintain the integrity of the listed building even without the chimneys. The one remaining gate pier will be relocated to assist with appropriate pedestrian provision. The re-introduction of a pier would reduce safety from this aspect. None of the previous gate applications proposed a renewed gate pier.

4.2 Strathaven and Glassford Community Council – no response to date. Response: Noted.

4.3 Historic Environment Scotland– advised verbally that they have no comments make as the house is a ‘C’ listed building. Response: Noted.

5 Representation(s)

5.1 Statutory neighbour notification was undertaken and the proposal was advertised in the East Kilbride News on 31 January 2018. A site notice was also placed on site. Following this, one letter of comment was submitted, however, the letter refers to ecological matters. As such, this will be addressed in the report for the detailed planning permission which is also being reported to this Committee.

6 Assessment and Conclusions

6.1 The main determining issue for consideration in the assessment of this application is how the proposal relates to relevant policies contained within the adopted local plan.

6.2 In terms of the adopted South Lanarkshire Local Development Plan the site is identified as a ‘C’ Listed building, therefore, Policy 15 – Protection of the Natural and Built Environment and Policy NHE3 – Listed Buildings are relevant. Policy 15 states that the Council will oppose any proposals which would have an adverse impact on the natural and built environment and safeguard designated or listed

56 sites. Policy NHE3 states that the Council will use its powers to ensure the continued conservation and enhancement of listed buildings and will strictly control all development to ensure that proposed works are in keeping with the age and character of the building. In addition, the Council will presume against development which has an adverse impact on the amenity and character of listed buildings.

6.3 The effect on the listed building can be assessed both in the context of the works proposed to the house itself and on its setting. Considering these in turn, I do not consider that the alterations proposed to the building itself are inappropriate. None of the internal works proposed will affect any traditional features such as stairs or cornicing and I intend to impose a condition requiring these to be retained. I am also satisfied that the external alterations proposed are acceptable. The proposed changes of the windows to uPVC are acceptable given the overall standard of the residential development such as the re-slating of the roof and the repairs to the soffits and fascias. The redevelopment will remove dilapidated buildings and allow a new extension which will contain traditional and modern features.

6.4 In terms of the proposed local development plan, the aims are similar to those of the adopted plan and, as such, I am satisfied the proposal complies with this document. There is nothing raised by any objectors or consultees that would result in refusal of the listed building consent. A number of conditions have been applied to ensure the use of suitable materials and these will require to be agreed prior to any development commencing. Approval of listed building consent is, therefore, recommended.

7 Reasons for Decision 7.1 The proposal complies with policies 15 and NHE3 of the adopted South Lanarkshire Local Development Plan and policies 14 and NH3 of the proposed South Lanarkshire Local Development Plan 2.

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 15 February 2019

Previous references  None

► Representations Dated: Joe Allan, 94 Franklin Place, Westwood, East Kilbride, G75 13.03.2018 8LS

57 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: 01698 455048 Email: [email protected]

58 Detailed planning application

Paper apart – Application number: EK/18/0034

Conditions and reasons

01. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Council as Planning Authority.

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

02. 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.

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

03. That all external colours shall be agreed in writing with the Council as Planning Authority prior to the commencement of works.

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

04. That the new windows proposed for the listed building shall match the originals in all aspects of their appearance and in their main method of opening to the satisfaction of the Council as Planning Authority.

Reason: To maintain the integrity of the listed building

05. That all original features within the listed building such as fireplaces, doors, cornicing, skirtings and facings, other than those approved to be removed under the terms of this consent, shall be retained to the satisfaction of the Council as Planning Authority unless otherwise agreed.

Reason: In order to maintain the integrity of the listed building.

06. That repairs to the slated roof areas to the listed building shall be undertaken in natural slate to match existing.

Reason: To maintain the integrity of the listed building.

60 Agenda Item

Report 7

Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/19/0002 Planning proposal: Demolition of existing church building and erection of 11 no. flatted dwellings with associated parking and landscaping

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: Dickie and Moore Homes Ltd Location: • Threshold Church Threshold East Kilbride G74 4HN [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: LMA Architects ♦ Council Area/Ward: 08 East Kilbride Central North ♦ 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 Local Development Plan 2 (2018) Policy 3 - General urban areas/settlements Policy 5 – Development management and placemaking

Supplementary Planning Guidance

61 Residential Development Guide (2011)

♦ Representation(s):

► 3 Objection Letters ► 0 Support Letters ► 1 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Environmental Services

East Mains Community Council

Planning Application Report

1 Application Site

1.1 The application site is Threshold Church, Threshold, East Kilbride. The site, which extends to approximately 0.17 hectares, currently houses the split level church building to the east of the site with the associated car park to west. The site sits on the junction where Threshold meets Maxwell Drive, therefore, is bound to the north and east by each road with residential properties opposite, to the west by an electrical substation and to the south by residential flatted blocks. The site slopes down from east to west and the current access into the site is from Maxwell Drive.

2 Proposal(s)

2.1 Detailed planning permission is sought for the demolition of the existing church building and the erection of 11 no. flatted dwellings with associated parking and landscaping. This would comprise a single ‘L’ shaped block which would comprise two and three storey elements due to the levels difference within the site. The proposed access to the site would remain as per the current access and the proposed parking would occupy a similar footprint as the existing car park.

2.2 Each proposed flat would be two bedrooms each with a frontage onto either Maxwell Drive or Threshold. The proposed materials would be a mix of traditional brick, facing brick, grey concrete tiles and UPVC windows. The applicant proposes 22no. car parking spaces within the site boundary. It is noted that the proposal also includes the removal of a small number of trees and hedges to facilitate the proposal.

3 Background

3.1 Local Plan Status 3.1.1 In terms of the Adopted South Lanarkshire Local Development Plan (2015), the site is located within the settlement boundary and, as such, Policy 4 - Development management and placemaking and Policy 6 - General urban area/settlements are relevant. These policies require development within residential areas to take account of the local context and built form and should be compatible with adjacent buildings in terms of scale, massing, design with no significant adverse impact in the local environment.

3.1.3 In addition the Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy was approved at Planning Committee on 29 May 2018. As such, the SLLDP2 is now a material consideration in determining planning applications. In this case, the corresponding policies are Policy 3 - General urban areas/settlements and Policy 5 – Development management and placemaking.

63 3.2 Relevant Government Advice/Policy 3.2.1 None relevant.

3.3 Planning Background 3.3.1 The applicant has advised that the church building has not been in use for a period of time. In July 2018, an application for the site for 13no. flatted dwellings was submitted by the applicant. However, following discussion with the Council’s Planning and Roads and Transportation Services, this was subsequently withdrawn.

4 Consultation(s)

4.1 Roads and Transportation Services – no objections to the proposal subject to the attachment of conditions in relation to visibility splays, parking and surfacing. Response: Noted, any permission granted can include appropriate conditions and advisory notes.

4.2 Environmental Services – no objections to the proposal subject to the attachment of standard advisory notes in relation to noise, contamination and pest control. Response: Noted, any permission granted can include appropriate advisory notes.

4.3 East Mains Community Council – no response received to date. Response: Noted.

5 Representation(s)

5.1 Statutory neighbour notification was undertaken and the proposal was also advertised in the local press as not all neighbouring land could be identified. Three letters of objection and one letter of comments were received, the points of which are summarised below:

a) The applicant should ensure that all wildlife, flora and fauna that may be on the site are given full protection. Response: The applicant has provided a bat survey which concludes that there is no evidence of bats within the site. I am satisfied that this survey is sufficient in this instance.

b) Maxwell Drive is largely a Victorian era street and as such is unsuitable for large vehicles or increased traffic. There is currently limited on- street parking facilities for existing residents and visitors. An additional volume of traffic may result in increased parking on Maxwell Drive exacerbating this issue. In addition this will create a safety risk for pedestrians and road users as it would be more difficult for existing residents to exit their properties safely due to increased cars on the street. Response: The Council’s Roads and Transportation Service were consulted as part of this application and have raised no issues in relation to road safety. It is noted that the applicant is providing 200% parking within the application site boundary which is considered sufficient to serve the number of properties within the development. It is also noted that the site is within a zoned parking area of East Kilbride and it is not intended that any

64 further parking permits will be provided. As such, this proposal is considered to be acceptable in relation to the parking provision. c) The proposed flats abut the public footway which is contrary to the established dwellings and out of character with the surrounding area. Furthermore the proposal is also out of proportion with the surrounding properties. Response: It is accepted that the section of the proposal facing onto Maxwell Drive is in close proximity to the footway. However, the side of the proposal facing Threshold is set further back. During the application process, discussion took place between the Council and the applicant in this regard. The corner section of the block had already been stepped back further from the previous submission to reduce the impact and looking at the overall scheme, the layout was considered acceptable. Whilst the proposal does not have the same building line as adjacent properties, I am satisfied that the properties on either side of Threshold and Maxwell Drive will not be significantly affected by this. In addition, the building has two and three storey sections to accommodate the levels difference within the site, therefore, it is not considered the proposal is out of proportion with the surrounding area. It is also noted that there are a number of three storey flatted blocks in the vicinity at Kirkton Place to the south of the site. Therefore, as the proposal complies with the general principles of the Council’s Residential Guide, it is not considered there is sufficient justification for refusal of the application on these points. d) The proposal will overshadow and reduce natural light to the properties opposite on Maxwell Drive given that it will be three storeys in height. Response: As noted above, the building comprises two and three storey elements to accommodate the sloping gradient within the site. The Council has carried out an overshadow test in addition to the test provided by the applicant. Both conclude that, due to the orientation of the proposal and its distance from existing properties, there should be no significant adverse impact on any of the adjacent properties in terms of overshadowing. e) The privacy of adjacent properties will be significantly affected due to the proximity of the proposal and its angle which will enable new occupants to look directly into the windows of the existing dwellings. Response: There is approximately 22 metres between the proposed building and the existing dwellings on Maxwell Drive. Furthermore, the distance between the proposal and the existing dwellings on Threshold is approximately 23 metres. As such, these distances comply with the guidelines of the Council’s Residential Development Guide in terms of window to window distances and, therefore, it is not considered there will be any unacceptable overlooking issues as a result of the proposal. f) Maxwell Drive dates back to the Victorian era therefore sewage and drainage infrastructure is of this time. It is noted that Scottish Water regularly attend call outs to the street for water and waste associated issues. Response: Whilst this is noted, the proposal will be required to comply with sustainable drainage criteria as with all small scale housing development. Should planning permission be granted, an appropriate condition would be

65 attached to ensure these details are submitted and agreed with the Council’s Roads Flooding section prior to works commencing on site. Scottish Water were not consulted as part of this application, however, it is the responsibility of the applicant to ensure agreement with Scottish Water to establish service to the site.

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 demolition of the existing church building and the erection of 11no.flatted dwellings with associated parking and landscaping at Threshold Church, Threshold, East Kilbride. The determining issues in the assessment of this application are compliance with local plan policy, its impact on the amenity of the adjacent properties and road safety matters.

6.3 In this case, it is considered that the overall scale, mass and siting of the proposed flatted block is acceptable and will minimise any adverse impact on the adjacent residential properties in terms of overlooking and overshadowing. In addition, the proposed finishes are sympathetic to the surrounding residential properties. However, a condition would be attached to any permission granted for full samples to be submitted prior to works commencing on site. With regards to the Council’s Residential Development Guide, I am satisfied the proposed layout meets with the main standards in relation to parking, amenity space, bin provision and window to window distances. Whilst some landscaping details have been submitted, should permission be granted, a condition would be attached for full details to be submitted and agreed prior to works commencing on site.

6.4 The Council’s Roads and Transportation Service was consulted on this proposal and raised no objections subject to the attachment of conditions in relation to visibility splays, parking and surfacing. The Council’s Environmental Services also raised no objection subject to the attachment of advisory notes in relation to noise, contamination and pest control. Should permission be granted, suitable conditions and advisory notes can be attached in relation to each consultee. East Mains Community Council was also consulted as part of this application, however, no response has been received to date.

6.5 As part of this proposal, and in line with European Protected Species, the applicant has provided a bat survey which concluded that, there was no evidence of roosting bats. However, it was recommended that if development does not commence until after August 2019, then the survey should be updated. As such, a suitable condition would be attached addressing this requirement, should permission be granted. In

66 addition, a tree survey has also been provided which indicates the trees and shrubs required to be removed. However, it is noted that only a small number require removal and the proposed plans include replanting. However, should permission be granted, a condition would be attached for full details of the landscaping to be submitted and approved prior to any work commencing on site.

6.6 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 3 and 5 in the Proposed plan.

6.7 As detailed above, the statutory neighbour notification was carried out and the application advertised in the local press as not all neighbouring properties could be identified. As such, three letters of objection and one letter of comments 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.

6.8 In conclusion, it is considered that the proposed flatted block with associated parking and landscaping complies with the relevant local plan policies and guidance and I, therefore, recommend planning permission is granted subject to the attached conditions.

7 Reasons for Decision

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 14 February 2019

Previous references  P/18/1097

► Consultations

67 Roads Development Management Team 31.01.2019 Environmental Services 15.01.2019 East Mains Community Council No response

► Representations Dated:

Mr Kevin Griffin, 27 Maxwell Drive, East Kilbride, Glasgow, 31.01.2019 South Lanarkshire, G74 4HH 31.01.2019

Stephen And Elizabeth McLellan, 29 Maxwell Drive, East 28.01.2019 Kilbride, G74 4HH

Eddie Johnston & Trudie Chamberlain, 29A Maxwell Drive, 29.01.2019 East Kilbride, Glasgow, South Lanarkshire, G74 4HH

Joe Allan, 94 Franklin Place, Westwood, East Kilbride, G75 24.01.2019 8LS

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: Email: [email protected]

68 Detailed planning application

Paper apart – Application number: P/19/0002

Conditions and reasons

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

02. All external colours shall be agreed in writing with the Council as Planning Authority prior to the commencement of works.

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

04. 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 3, 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.

05. 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.

69 06. 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.

07. That the existing trees to be retained must be protected in accordance with methods as set out in BS5837/1991 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.

08. That before the development hereby approved is brought into use, a dropped kerb access to the site with a minimum width of 5.5m shall be constructed in accordance with the specification and to the satisfaction 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 first 6 metres of the access shall be hard surfaced across its full width to prevent deleterious material being carried onto Maxwell Road.

Reason: To prevent deleterious material being carried onto the road.

10. That before the development hereby approved is completed or brought into use, all of the parking spaces (2.5m x 5.5m modules) shall be laid out, constructed and thereafter maintained to the specification of the Council as Roads and Planning 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 visibility splay of 2 metres by 35 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.

12. That before the development hereby approved is completed or brought into use, a visibility splay of 2.4 metres by 2.4 metres measured from the heel of the footway shall be provided on both sides of the vehicular access 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.

70 Reason: In the interests of public safety.

13. That during construction wheel washing facilities shall be installed at the entrance/exit to the site, in order that all vehicles leaving the site are kept clear and free of debris. The applicant or subsequent operator(s) shall at all times be responsible for the removal of mud or other materials deposited on the public highway by vehicles entering or leaving the site. Reason: In the interests of traffic and public safety.

14. 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.

15. That the development hereby approved shall not be commenced until the land drainage works have been completed in accordance with the plans submitted to and approved by the Council as Planning Authority under the terms of Condition 14 above.

Reason: To ensure the timeous provision of a satisfactory drainage scheme.

16. That any recommendations of the Acorna Ecology Ltd Bat Survey report dated July-August 2018 shall be carried out in accordance with this document prior to and throughout the construction process.

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

17. That unless otherwise agreed and prior to occupation of the development hereby approved, pedestrian drop kerbs should be implemented at the junction with Maxwell Drive and Threshold on both the east and west side of Threshold.

Reason: In the interests of public safety.

72 Agenda Item

Report 8

Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Application no. P/18/1444 Planning proposal: Change of use of industrial unit (Class 6) to gymnasium (Class 11)

1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: East Kilbride (and District) Gymnastics Club Location: • 4 Colvilles Place Kelvin Industrial Estate East Kilbride G75 0PZ 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: John Taylor ♦ Council Area/Ward: 06 East Kilbride South ♦ Policy Reference(s): South Lanarkshire Local Development Plan (Adopted 2015): Policy 4 - Development management and placemaking Policy 7 - Employment Policy ICD1 - Non-conforming uses in core industrial/business areas

Proposed South Lanarkshire Local Development Plan 2 (2018) Policy 5 – Development management and placemaking Policy 8 - Employment

73 Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas

♦ Representation(s):

► 1 Objection Letters ► 0 Support Letters ► 1 Comment Letters

♦ Consultation(s):

Roads Development Management Team

Environmental Services

Planning Application Report

1 Application Site

1.1 The application site is an industrial unit at 4 Colvilles Place, East Kilbride. The unit, located within the Kelvin Industrial Estate, extends to approximately 2000 square metres and is currently vacant. It is noted that the property sits within a row of 4 units which have all recently undergone renovations to modernise them. The application site has been vacant for over 10 years.

1.2 The site is accessed from Colvilles Place and sits centrally within the row, therefore, has industrial units on either side. To the front of the site is existing parking spaces and to the rear is a yard area.

2 Proposal(s)

2.1 The applicant, EK Gymnastics Club, seeks detailed planning permission to change the use of the existing industrial unit to form a gymnasium. This would include minimal internal alterations to form the gymnasium hall. The proposal also includes the formation of additional parking spaces against the building at its rear.

3 Background

3.1 Local Plan Status 3.1.1 In terms of the Adopted South Lanarkshire Local Development Plan (2015), the site is located within the settlement boundary and, as such, Policy 4 - Development management and placemaking is relevant. This policy advises development proposals will require to take account of, and be integrated with, the local context and built form and should have no significant adverse impacts on the local community.

3.1.2 Policy 7 – Employment is also relevant and supports sustainable economic growth and regeneration by encouraging the development of business within the Council area through the identification of employment land use areas. Policy ICD1 – Non- conforming uses in core industrial/business areas is also applicable and assesses proposals which do not conform to the general industrial policy.

3.1.3 In addition, the Proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy was approved at the Planning Committee on 29 May 2018. As such, the SLLDP2 is now a material consideration in determining planning applications. In this case, the corresponding policies are Policy 5 – Development management and placemaking, Policy 8 – Employment and Policy ICD2 - Non-conforming Uses in Core Industrial/Business Areas

3.2 Relevant Government Advice/Policy 3.2.1 None relevant.

75 3.3 Planning Background 3.3.1 The unit has been vacant for over 10 years, however, it has recently undergone significant refurbishment along with the adjacent units to bring them up to a modern standard. It is noted that some of the adjacent units are now occupied.

4 Consultation(s)

4.1 Roads and Transportation Services – no objections to the proposal, however, advised that the session times should be staggered to ensure adequate parking to support the use. Response: Noted, any permission granted can include appropriate conditions.

4.2 Environmental Services – requested the submission of a noise assessment. Response: Noted, however, given that the unit is within an established industrial estate, it is not considered appropriate to request this.

5 Representation(s)

5.1 In addition to the statutory neighbour notification which was undertaken by the Council, the proposal was also advertised in the local press as development contrary to the development plan and also as not all neighbouring properties could be identified. As such, one letter of objection and one letter of comments was received, the points of which are summarised below.

a) Objects to proposed change of use as the proposal is contrary to the development plan in that the introduction of a Class 11 use will increase the demand for private parking by clients of the proposed use which will conflict with the operations of adjoining businesses. Response: The Council’s Roads and Transportation Services were consulted as part of this application and are satisfied that the parking provided at the front with the parking to be formed to the rear together with the staggering of class times will ensure adequate provision for the proposed gymnasium and have no significant impact on existing businesses in the vicinity. In terms of the introduction of a Class 11 use at this location, the proposal was advertised as development contrary to the development plan as a precaution. However following detailed assessment, the proposal is not considered to be contrary to the local development plan. This is detailed in section 6 below.

b) The application site is close to areas where such uses are accepted and designated as other employment land use areas therefore the introduction of a non-industrial unit at the centre of the terrace of industrial units will erode the industrial/business nature of the location and reduce the attraction for business/industrial use. Response: Whilst it is noted that the application site is within a Core Industrial Area, it is noted that the unit has been vacant for a significant period of time. It is further noted that there are other non-conforming uses within this industrial estate, therefore, approval of this proposal does not set a precedent. As there are still other vacant units in the vicinity, it is not considered that this proposal will erode the industrial/business nature of the location.

76 c) The application site is on the periphery of East Kilbride with poor access by public transport and as such will increase the dependency on access by car. This site is also difficult to access by walking or cycling. Response: It is noted there is a bus stop outside the industrial estate with link pathways throughout the estate. As the majority of the users of the facility are children, it is anticipated that most will be dropped off and collected by parents, therefore, it is not considered this is a valid reason for refusal of the proposal.

d) Objector considers there is a sufficient number of Class 11 developments in East Kilbride and that any additional proposals such as this one will undermine the viability of existing facilities. Response: All applications are assessed and determined on their own merits. In this case, the location is considered suitable for the proposed use and it is not considered it will undermine the viability of existing facilities.

e) The applicant should ensure that all wildlife, flora and fauna that may be on the site are given full protection. Response: Given the nature of the proposal and that the building has recently been renovated, it is not considered that any wildlife surveys are necessary in this case.

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 This is a detailed planning application for the change of use of industrial unit to gymnasium at 4 Colvilles Place, East Kilbride. The determining issue that requires to be addressed in respect of this application is compliance with local plan policy and associated supplementary guidance, its impact on the surrounding area and road safety matters.

6.2 In this regard, the application site and associated proposal is affected by Policy 7 – Employment which advises that the Council will support sustainable economic growth and regeneration by encouraging the development of business in South Lanarkshire. However, the Council also recognises that certain categories of non- industrial uses face genuine difficulties in finding sites suited to their requirements. As such, Policy ICD1 – Non conforming uses in core industrial/business areas is applicable in this instance. This advises that proposals of this nature require to satisfy a number of criteria including:-

• the effect the proposal will have on the continuity of the marketable industrial land supply in terms of quantity, range and quality • the development is not for residential use • the proposal must not undermine the vitality and viability of existing town and village centres • that the development of the site or premises would not adversely affect the industrial operation, amenity, industrial character and function of the area including traffic movement and circulation

77 • the site has been subject to a marketing appraisal for classes 4, 5 and 6 for a minimum of 6 months • the site can easily be accessed from main road routes and has satisfactory access by walking, cycling and public transport • any impact on the transport network is acceptable or can be mitigated • the proposal includes appropriate parking provision • the development will not adversely affect the natural or built environment

6.3 Policy 4 – Development Management is also relevant and states that all development proposals will require to take account of, and be integrated with the local context and built form. Development proposals should have no significant adverse impacts on the local community and, where appropriate, should include measures to enhance the environment.

6.4 The applicants have provided supporting information detailing that the gymnastics club, which has operated since 1972, has now outgrown its current premises at Greenhills Sports Centre and requires its own premises for exclusive use. It is advised that the facility generally caters for gymnasts from 5 years old to adult gymnasts though it is noted there are preschool classes. The peak times are generally evenings during the week and during the day at weekends. However, it is noted that, due to the nature of the use which requires a large amount of space, the occupancy of the facility at any one time will be controlled by class times.

6.5 In terms of the above policies, it is noted that this unit has been vacant for at least 10 years, therefore it is considered that the change of use of this unit to a gymnasium will not adversely affect the available industrial land supply or damage the industrial function of the surrounding area, particularly as East Kilbride has a healthy supply of available industrial units. The unit is located within the centre of a row of units accessed off the main road through the estate and will utilise the existing parking to the front of the unit and implement further spaces to the rear of the building. In addition, there is a local bus route which stops outside the estate and there are pathway links throughout the site. It is, therefore, considered that the unit is easily accessible within the estate. It is noted that there are other non- conforming uses within the estate, therefore, this proposal does not set a precedent. Therefore, as there are no proposed external alterations other that the formation of parking to the rear and no road safety matters have been raised, it is considered the proposal complies with the above policies.

6.6 The Council’s Roads and Transportation Services were consulted as part of this application and, through discussion with the applicant, are satisfied that the parking to the front and rear of the unit will be sufficient provided the classes as staggered. As such, an appropriate condition can be attached, should permission be granted. The Council’s Environmental Services were also consulted as part of this application and requested the submission of a noise assessment. However, given the location of the unit within an established industrial estate where there are a variety of uses, it is not considered appropriate to request this, on this occasion.

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. The Proposed SLLDP2 is, therefore, now a material consideration in determining planning applications. The proposed

78 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 also complies with Policies 5, 8 and ICD2 of the proposed plan.

6.8 As noted above, in addition to the statutory neighbour notification, the application was advertised in the local press as not all neighbours could be identified, but also as development potentially contrary to the development plan as a precaution. However, following assessment of the proposal, it is considered to meet with the above policy requirements and, as such, is not considered contrary.

6.9 In summary, the proposed change of use is considered acceptable in this instance and I, therefore, recommend planning permission is granted subject to the attached conditions.

7 Reasons for Decision

7.1 The proposal has no adverse impact on the character or operation of this industrial area and complies with policies 4, 7 and ICD1 of the Adopted South Lanarkshire Local Development Plan (2015) and Policies 5, 8 and ICD2 of the Proposed South Lanarkshire Local Development Plan 2 (2018).

Michael McGlynn Executive Director (Community and Enterprise Resources)

Date: 14 February 2019

Previous references  None

► Representations Dated:

Joe Allan, 94 Franklin Place, Westwood , East Kilbride, G75 06.11.2018 8LS

Tom McInally, 16 Robertson Street, Glasgow, G2 8DS 09.11.2018

79 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]

80 Detailed planning application

Paper apart – Application number: P/18/1444

Conditions and reasons

01. That this permission shall operate for the benefit of East Kilbride Gymnastics Club only and for no other person or organisation and on the discontinuance of the occupation of the site by the said organisation, the hereby approved use shall cease to the satisfaction of the Council as Planning Authority.

Reason: Personal permission is granted only.

02. That before the development hereby approved is completed or brought into use, all of the car parking spaces shown on the plans hereby approved shall be laid out, constructed and thereafter maintained to the specification of the Council as Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

03. That unless otherwise agreed, the operation of the gymnasium hereby approved shall be in accordance with the East Kilbride Gymnastics Club timetable dated 29.01.2019 and no changes to this shall take place without written confirmation from the Council as Planning Authority.

Reason: To ensure adequate parking provision.

04. That the gates to the western side of the industrial units shall be kept open during the operating hours of the gymnastics club to the satisfaction of the Council as Roads and Planning Authority.

Reason: To ensure access to the parking spaces to the rear of the building.

82 Agenda Item

Report 9 Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Subject: South Lanarkshire Local Development Plan 2

1. Purpose of Report 1.1 The purpose of the report is to:- [purpose]  inform the Committee of the outcome of the consultation undertaken on the Proposed South Lanarkshire Local Development Plan 2 (SLLDP2) together with Supporting Planning Guidance on Renewable Energy (SPGRE)  seek Committee approval to submit the Plan and associated Schedule 4 Summary of Unresolved Issues to the Directorate for Planning and Environmental Appeals (DPEA) for future examination  seek Committee approval for Supporting Planning Guidance on Renewable Energy (SPGRE)  inform the Committee of the next steps in preparing the SLLDP2 and its associated SPG [1urpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendations:- [recs]

(1) that the Committee approve the submission, without modification, of the Proposed South Lanarkshire Local Development Plan 2 and associated Schedule 4 Summary of Unresolved Issues to the Directorate for Planning and Environmental Appeals for future examination. (2) that the Head of Planning and Economic Development be authorised to take part in the examination of the proposed South Lanarkshire Local Development Plan 2. (3) note that a further report will be presented to the Committee to advise of the outcome of the examination of the proposed SLLDP2 and any proposed modifications to the plan, prior to its adoption. (4) that the Committee approve the Supporting Planning Guidance on Renewable Energy (SPGRE) and Tall Wind Turbines: Landscape Capacity, Siting and Design Guidance and authorise the Head of Planning and Economic Development to make technical amendments to these documents and, thereafter, to publish the finalised versions of these.

3. Background 3.1 The South Lanarkshire Local Development Plan (SLLDP) was adopted in June 2015 and has guided the Council’s decisions on new development proposals. The policies and proposals in the plan have reflected the Council’s desire that developments should promote the growth and regeneration of South Lanarkshire by seeking sustainable development within an improved urban and rural environment.

83 3.2 The development planning system introduced by the Planning etc. (Scotland) Act 2006 obliges the Council to have a new SLLDP in place within 2 years of the Strategic Development Plan (SDP) for Glasgow and the Clyde Valley being approved. The SDP2 (Clydeplan) was approved in 2017 (although a legal challenge delayed a final decision until 2018) and, therefore, the replacement plan (SLLDP2) must be adopted by 2020.

3.3 Preparation of SLLDP2 commenced with an extensive consultation exercise that was undertaken between June and September 2016. Following this, the Main Issues Report (MIR), the first document prepared as part of the work on the new plan, was the subject of a report considered and approved by the Planning Committee in February 2017. Thereafter, the MIR was published in March 2017, with consultation ending in May 2017. The MIR was solely intended to provide a focus for consultation and engagement. It did not, therefore, include draft policies, or contain any proposals for development.

3.4 The response received to the MIR and the consultation undertaken during its preparation, provided the basis for the preparation of a Proposed SLLDP2. The Proposed SLLDP2 and the background to its preparation were described in a report considered by the Planning Committee in May 2018.

4. Proposed South Lanarkshire Local Development Plan 2 4.1 The Proposed SLLDP2, following its approval by the Committee in May 2018, was subsequently published and made available for public comment between 26 July and 21 September 2018. The Plan included a spatial strategy, policy framework and development proposals all aimed at delivering the Plan’s vision:-

‘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.’

4.2 The policies which the Plan contains will be used to assess and determine future development proposals submitted to the Council. In addition, the Plan identified a small number of new proposed development sites, particularly for housing, that could contribute towards achieving its vision and spatial strategy. In accordance with Scottish Government guidance on the preparation of Local Development Plans, the report to the Planning Committee in May 2018 also advised members that the Proposed Plan has to represent the ‘settled’ position of the Council on all these matters.

4.3 In response to the consultation exercise on the Proposed SLLDP2, which included advertising the plan’s publication through the local press and the Council website, consulting with stakeholders and sending approximately 4,000 neighbour notification letters, a total of 247 parties replied, raising 502 valid points of representation. The SLLDP2 also contains a Volume 2 of policies which Members will recall will replace the Supplementary Guidance of the current SLLDP. The Volume 2 document attracted a further 25 contributing consultees and raised an additional 93 comments. Overall, the representations raised issues relating to a broad range of matters and included both objections and expressions of support for various aspects of the Plan. A comprehensive list of all the representations submitted in response to the plan has been prepared and copies left in the members’ libraries, prior to the Committee meeting. In addition, these individual points have been examined and grouped into 83 issues. These are summarised in the appendix accompanying this report.

84 4.4 Several of the representations submitted raised concerns regarding a number of the sites proposed for housing whilst, in contrast, some of the representations sought the addition of additional housing sites, particularly through the release of Greenfield sites. With regard to the proposed sites contained in the Plan, prior to their inclusion they were all assessed against a number of criteria in order to determine if they could be considered sustainable and effective additions to the Council’s housing land supply. In each case, this assessment indicated that development of the sites would accord with the plan’s vision and strategy, albeit with some mitigation. They will also significantly improve the range and effectiveness of the Council’s housing land supply and thus contribute towards the Plan’s primary aim of promoting sustainable economic growth.

4.5 With regard to representations seeking the addition of further sites, these were mostly in locations which had been the subject of previous submissions submitted to the Council in response to the consultation exercise undertaken during the preparation of the MIR for the Proposed Plan. During this process, they were assessed as being inappropriate in planning terms, and, having taken account of the need for housing land, could not be justified in terms of their location and scale. It is considered that the release of these sites would not, therefore, be in accordance with either the plan’s vision or its spatial strategy.

4.6 Having assessed the full range of comments submitted it is considered that the Council itself should not alter the proposed plan in response to the comments received. In addition, it does not need to be altered in order to take account of any significant changes in policy direction at either the Local, Strategic or National level. The Proposed Plan, therefore, should remain as the Council’s settled view, subject to detailed responses (Schedule 4 Summaries of Unresolved Issues) being submitted to the DPEA. Technical changes, however, suggested both by the Council and consultees, in order solely to clarify the purpose and intent of the policies and proposals in the Plan and to ensure that they reflect current legislative requirements, will be put before the Reporter for consideration. As these are matters of clarification, they do not constitute a modification to the Plan. As indicated in paragraph 4.2 above, this would accord with the Scottish Government’s direction that the Proposed Plan should represent the Council’s settled view as to what the final content of the adopted plan should be.

5 Supporting Planning Guidance 5.1 Committee members will also recall that, when it approved the publication of the SLLDP2, at the same time they agreed that Supporting Planning Guidance on Renewable Energy should also be published for the purposes of consultation.

5.2 The Supporting Planning Guidance does not form part of the Development Plan and does not require to be submitted to the DPEA for Examination. It does, however, provide information on various types of renewable energy technology and contains additional technical information and guidance to assist developers when preparing and submitting applications for renewable energy developments. In particular, Chapter 5 of the SPG sets out development management considerations for renewable energy developments. These provide more detail in relation to the criteria set out in Appendix 2 Renewable Energy Assessment Checklist of Volume 2 of the LDP2. The SPG will be a material consideration in the decision making process once it is approved.

5.3 In response to the consultation on the SPG Renewable Energy, 11 parties replied raising 68 points of representation. These came from a range of organisations and renewable energy interests and mainly related to technical matters. Committee will 85 also recall that, in October 2017, it approved Draft Tall Wind Turbines: Landscape Capacity, Siting and Design Guidance as an addendum to the existing Landscape Capacity Study for Wind Energy 2016. These are technical reports which provide detailed information for developers of wind energy projects. The Tall Turbines Guidance was subject to public consultation in November 2016 and a number of comments were received.

5.4 In contrast to the position regarding the SLLDP2, the Council can determine what changes, if any, it wishes to make to supporting planning guidance and technical reports in response to the consultation responses. The Council has considered the matters raised by the consultees in relation to the SPG Renewable Energy and Tall Wind Turbines: Landscape Capacity, Siting and Design Guidance and, as a result, some minor wording changes shall be made to the documents before they are finalised and published.

6. The Next Steps 6.1 With regard to the Proposed Plan (SLLDP2), the representations received and the Schedule 4 submissions in response to them will be lodged with the DPEA. A Reporter(s) will then be allocated the task of examining the plan. The examination will be administered by the DPEA and the Reporter will decide how to assess each representation. Neither the Council nor those making representation are entitled to an inquiry or hearing session to consider their comments. DPEA will inform the planning service if they consider hearings or inquiry sessions into particular topics will be required, or whether further written submissions are needed for clarification of a particular issue. It is currently anticipated that the examination will, as far as possible, be through written submissions and that a decision will be given on the plan within approximately 5 months of submitting for examination in April 2019.

6.2 Once the examination is complete, the Reporter will produce a report outlining the findings and modifications. This will be reported to the Planning Committee at a future date. It should be noted that the Reporter’s conclusions are binding unless it can be shown that under the Town and Country Planning (Grounds for declining to follow recommendations) (Scotland) Regulations 2009 the modification would:

a) have the effect of making the Local Development Plan inconsistent with the National Planning Framework, or with any Strategic Development Plan or national park plan for the same area; b) be incompatible with Part IVA of the Conservation (Natural Habitats etc) Regulations 1994; or c) be based on conclusions that could not reasonably have been reached based on the evidence considered at the examination.

6.3 In addition, Section 19(11) of the Act also allows authorities to environmentally assess the plan following modification in response to recommendations, and to not make modifications that are not acceptable having regard to that assessment.

6.4 It should also be noted that the proposed Local Development Plan 2 will remain a material consideration in the determination of planning applications, alongside the adopted South Lanarkshire Local Development Plan and associated Supplementary Guidance, throughout the examination process.

6.5 In relation to the Supporting Planning Guidance on Renewable Energy, once approved, it will be published on the Council’s website together with the Tall Wind Turbines: Landscape Capacity, Siting and Design Guidance. Both sets of guidance will become material considerations when determining related planning applications. 86

7. Employee Implications 7.1 The timescales for the delivery of the local development plan 2 outlined is based upon continuity of existing staff resources within Planning and Building Standards Services. Changes in this resource may impact on the programmes presented.

8. Financial Implications 8.1 The financial resources required to the deliver the local development plan 2 is based upon current budget levels available to Planning and Building Standards Services. Changes in these resources may impact on the programmes presented.

9. Other Implications 9.1 The Scottish Government requires the Council to have adopted a Local Development Plan by May 2020. There would be a reputational risk if this was not undertaken. The policies contained in the Proposed Plan and the SG are aimed at promoting sustainable economic growth in South Lanarkshire.

10. Equality Impact Assessment and Consultation Arrangements 10.1 Local development plans and the SG are subject to the requirements of the Environmental Assessment (Scotland) Act 2005. Each, therefore, has been subject to Strategic Environmental Assessment. Where appropriate, other forms of assessment have been undertaken to meet legislative requirement and/or Council/Community Planning policy, namely; Habitats Regulations Appraisal, Equality Impact Assessment and Transport Appraisal.

10.2 The proposed SLLDP2 and its supporting documents are available on the Council’s website and at Council planning offices and libraries. A Notice will be placed in all local newspapers to inform the public that the proposed plan and representations are being submitted to the DPEA for examination. The Council’s responses to the representations to the SLLDP2 will also be made available on its web site and at Council planning offices and libraries.

Michael McGlynn Executive Director (Community and Enterprise Resources) 6 February 2019

Link(s) to Council Objectives/Values/Ambitions • Supporting the local economy • Developing a sustainable Council and • Improving the quality of the physical environment.

List of Background Papers • Summary of Representations in response to Proposed South Lanarkshire Local Development Plan 2.

Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Tony Finn, Planning and Building Standards Manager - HQ, Montrose House, Hamilton Ext: 5105 (Tel: 01698 455105) E-mail: [email protected]

88 9

Schedule 4’s For Examination Strategy Development Plan Representation Number Summary of Representation Reference ST1 Vision and Strategy Objects: Vol1-271, Vol1-432, o Promote opportunities to enhance infrastructure. General Vol1-455. o Support recognition of City Deal opportunities to increase Support: Vol1-135, Vol1-172, housing delivery. Vol1-182, Vol1-187, Vol1-456. ST2 Policy 1- Spatial Objects: Vol1-81, Vol1-136, o Recognition of the role of brownfield redevelopment. Strategy Vol1-183, Vol-282, Vol1-390, o Support inclusion of climate change mitigation measures. Vol1-433. o Inclusion of new woodland creation target. Supports: Vol1-97, Vol1-107, o Amendment of wording suggested. Vol1-152, Vol1-356, Vol1-382. o Supports inclusion of sustainable development preference.

ST3 Vision and Strategy Objects: Vol1-63, Vol1-2, Vol1- o Lack of benefits in Jackton due to continued housing Table 3.1 218, Vol1-289, Vol1-347, Vol1- development. 74, Vol1-255, Vol1-282, Vol- o Support renaming of Blairbeth. 391. o Objects to new settlement boundary. Supports: Vol1-370, Vol1-336, o Seeks amendment to developers’ requirements. Vol1-202. o Objects to creation of development framework site. o Amendment of wording suggested. o Objects to lack of infrastructure in Newton CGA. ST4 Policy 2 Climate Objects: Vol1-137. Vol1-146, o Suggests wording revision Change Vol1-184, Vol1-366, Vol1-393. o Suggests native tree planting. Supports: Vol1-108, Vol1-321, o Lack of legislation requirement compliance. Vol1-383, Vol1-392. ST5 Climate Change Objects: Vol2-80, Vol2-5, Vol2- o Suggests that vacant/derelict buildings should be accounted for. Policies Volume 2 22, Vol2-53, Vol2-62, Vol2-81, o Recognition of the role of woods in SuDS. Vol2-54, Vol2-63. o Suggests that developers should only be required to provide Supports: Vol2-15 basic infrastructure that allow for ease of future modification. o Suggests wording revision o Questions of viability of heat networks within housing

89 developments. o Suggests policy development to encourage councils to create walking and cycling friendly settlements. ST6 General Urban Area Objects: Vol1-190, Vol1-322 o Objection to land not being identified for employment use in Supports: Vol1-109 Leadhills. o Suggests wording revision ST7 Green Belt and Rural Objects: Vol1-82, Vol1-273, o Supports amendment to include renewable energy Area Vol1-310, Vol1-323, Vol1-384, developments as an appropriate land use in Green Belt and rural Vol1-436, Vol1-464, Vol- areas. 492/Vol1-493. o Request reference to acceptability windfarm developments in Supports: Vol1-87, Vol1-110. rural areas. o Suggests wording revision o Requests policy amendment to allow the consideration of green field land if there is a shortfall of appropriate land. o Support amendment to allow any sustainable development of appropriate scale in suitable locations. ST8 Green Belt and Rural Objects: Vol2-2, Vol2-4, Vol2- o Suggests wording revision Area Volume 2 36, Vol2-37, Vol2-82, Vol2-87. o Objects to Green Belt and rural areas being considered in the Policies Supports: Vol2-9, Vol2-59. same policy. ST9 Development Objects: Vol 1- 78, Vol 1- 419, o Suggests wording revision Management and Vol 1- 437, Vol 1- 477 o Make reference to public transport Place Making Supports: Vol 1- 111, Vol 1- 266, Vol 1- 324

ST10 Development Objects: Vol 2–23, Vol 2–55, Vol o Suggests wording revision Management Volume 2–89, Vol 2–65, Vol 2-56, Vol o Native trees should be specifically mentioned 2 2–38, Vol 2–39, Vol2-66, Vol 2- o Heat networks may not be viable 86 o Housing development can be affected by retail development next Support: Vol 2–8, Vol 2-29 to it. o There should be a designated notification zone around al operational railway infrastructure.

90 ST11 Policy 7 Community Objects: Vol1-138, Vol1-326, o Support active approach to audit community infrastructure Infrastructure Vol1-429, Vol1-434, Vol1-457, requirements. Assessment Vol1-465. o Extend scope to rail infrastructure. o Supports greater community participation in the development of a community infrastructure assessment. ST12 Employment Policies Objects: Vol1-319, Vol2-50, o Seeks further clarification of the policy Vol2-57, Vol2-58. Supports: Vol1-327, Vol2-11 ST13 Policy 9 Network of Objects: Vol1-328, Vol1-417, o Suggests clarification of timescale for “health checks”. Centres and Vol1-466 o Objects to limited recent assessment of retail needs. Retailing o Suggests need for further clarification on how SLC will develop consultation and cooperation with key stakeholders.

ST14 Policy 10 New Objects: Vol1-256 o Objection to the criteria listed in policy 10. Retailing and Support: Vol1-112, Vol1-330. Commercial Proposals ST15 Policy 11 Housing Objects: Vol1-148, Vol1-365, o Objects to the emphasis of larger housing developers over General Vol1-427, Vol1-459, Vol1-261, small/medium housing developers. Vol1-494. o Requires that specific sites be allocated for specialist housing. Supports: Vol1-69, Vol1-88, o Suggests wording revision Vol1-113, Vol1-269 o Suggests that the plan should inform housing developers that there no scope for housing developments in the Cambuslang area. ST16 Housing Land Supply Objects: Vol1-166, Vol1-265, o Disagree with the housing land figures used for LDP2 Vol1-315, Vol1-272, Vol1-279, o Some clarity required between housing land figures used and Vol1-353, Vol1-288, Vol1-292, Strategic Development Plan Vol1-406, Vol1-296, Vol1-300, o Significant oversupply of housing land in East Kilbride Vol1-304, Vol1-315, Vol1-359, o Support for sites included in the Housing Land Audit Vol1-308, Vol1-313, Vol1-358, Vol1-349, Vol1-351, Vol1-355 , Vol1-364, Vol1-381, Vol1-402,

91 Vol1-403 , Vol1-407, Vol1-413, Vol1-450, Vol1-458 Supports: Vol1-79, Vol1-250, Vol1-306, Vol1-318, Vol1-355

ST17 Affordable Housing Objects: Vol1-333, Vol1-415, o Lack of social rented housing in Strathaven Vol1-467 o Affordable housing provision requires to be considered on a case-by-case basis o Annual monitoring is required ST18 Policy 13 Green Objects: Vol1-65, Vol1-86, Vol1- o Objects to development at Auldhouse Network and 114, Vol1-185, Vol1-294, Vol1- o Suggests wording revision Greenspace 463 o Seeks inclusion of public access and heritage interpretation at Supports: Vol1-141, Vol1-334 Gilbertfield Castle o Community should have a say in green network provision ST19 Policy 14 Natural and Objects: Vol1-186, Vol1-438, o Suggests wording revision Historic Environment Vol1-460, Vol1-275, Vol1-385, o Reference to Tall Wind Turbines Guidance Vol1-394, Vol1-475 o Inconsistencies between policies Vol1-476, Vol1-478, Vol1-473 o Seeks identification of Hallside woodland as a Local Nature Supports: Conservation Site Vol 1-115, Vol1-89, Vol1-142, o Other categories of woodland should be included on Table 6.2 Vol1-338 ST20 Natural and Historic Objects: o Suggests wording revision Environment Volume Vol1– 475, Vol2-25, Vol2-41, o Inconsistencies between policies 2 Policies Vol1-26, Vol2-16, Vol2-43 , o No identification of locally important agricultural land Vol2-83, Vol2-84, Vol2-17, Vol2- o Landscape capacity studies should be used as a guide only 44, Vol2-71, Vol2-27, Vol2-3, o Support for the policy from SEPA and RSPB Vol2-35, Vol2-77, Vol2-46, Vol2- 28 Supports: Vol2-12, Vol2-18, Vol2–92 ST21 Policy 15 Travel and Objects: o Suggests wording revision Transport Vol1-143, Vol1-367, Vol1-420, o LDP2 needs to have more on Active Travel

92 Vol1-445 Vol1-337, Vol1-72, o Need to be clearer on developer contributions for public Vol1-129, Vol1-67, Vol1-339, transport. Vol1-449 o Ravenstruther Rail Loading Facility should be designated as a Supports: regional freight centre Vol1-90, Vol1-116,Vol1-7, Vol1- o Issues raised relating to the aspirational stations at Law and 58, Vol1-156 ,Vol1-446, Vol1-98 Symington o Objection to widening Greenhills Road, the lack of a relief road for Strathaven and why no reference is made to Uddingston Park and Ride. ST22 Water Environment Objects: o Suggests wording revision. and Flooding Vol1-117, Vol1-395. Supports: Vol1-91, Vol1-270, Vol1-340. ST23 Policy 17 Waste Objects: o Opposed to energy from waste process. Vol1-41. Supports: Vol1-118, Vol1-341. ST24 Policy 18 Renewable Objects: Vol 1- 342, Vol 1- 368, o Suggests wording revision. Energy Vol 1- 274, Vol 1- 387, Vol 1- o No further capacity for wind turbine development 388, Vol 1- 386, Vol 1- 396, Vol o Include detail on wind farm strategic capacity 1- 398, Vol 1- 280, Vol 1- 397, o Spatial framework contradicts SPP Table 1 and RE SPG Vol 1- 399, Vol 1- 331, Vol 1- o Tension between Volume 1 and Volume 2 regarding RE policy 474, Vol 2-75 o Benefits of repowering should be clearly set out Supports o Maps require to be amended Vol 1- 329 Vol 1- 119, Vol 1- 360, Vol 1- 362 ST25 Volume 2 Renewable Objects: Vol2-72, Vol 2-33, Vol o Objection to wording. Energy 2-74, Vol 2-78, Vol2-93, Vol 2- o Conflict between Policy RE1 and Policy 18 34, Vol 2-48, Vol 2-76, Vol 2-61, o Policy should allow for strategic habitat enhancement Vol 2-73 Supports: Vol 2-13, Vol 2-60

93 ST26 Policy 19 Minerals Objects: o Objection to lack of separate LDP for minerals. Vol1-343, Vol1-439. o Official statement should be included on the importance of sand Supports: and gravel within South Lanarkshire. Vol1-120, Vol1-134, Vol1- o Objection to wording. 267/Vol1-268. o Requires council statement of recommitment towards maintaining a minimum aggregate landbank of 10 years. ST27 Volume 2 Minerals Objects: o Suggests rewording. Vol2-19, Vol2-20, Vol2-21, Vol2- o Suggests presumption against the new developments for 47, Vol2-85. commercial peat extraction. Supports: o Opposed to mineral policy being included in non-statutory Vol2-14, Vol2-30/Vol2-31/Vol2- guidance. 32. o Suggests inclusion of overarching minerals policy. ST28 New Settlements Objects: Vol1-14, Vol1-33, Vol1- o Objects to the boundary proposed for Blaircross 85, Vol1-100, Vol1-130, Vol1-3, o Objects to the designation of Devonburn as a settlement Vol1-245, Vol1-201 o Objects to the boundary of Devonburn Supports: Vol1-60 o Objects to the designation of new settlements

ST29 Local Nature Objects: o Objects to current boundary of Blairbeth LNR and Stonehouse Reserves Vol1-203, Vol1-160, Vol1-66, LNR Vol1-127, Vol1-103, Vol1-54, o Opposed to nearby woodland area not being included the LNR Vol1-426, Vol1-8. area. Supports: o Objects to Holmhills LNR designation. Vol1-66, Vol1-31, Vol1-38, Vol1- o Concerns over management of Milton AND Cadzow Glen LNR. 46, Vol1-49, Vol1-59, Vol1-471, o Concerns over anti-social behaviour at Neilsland and Earnock Vol1-10, Vol1-30, Vol1-32, Vol1- LNR. 51, Vol1-15, Vol1-16, Vol1-21, Vol1-34, Vol1-95, Vol1-199. ST30 Appendices General Objects: o Objects to wording. Vol1-234, Vol1-278, Vol1-418, o Concern over public transport not being mentioned in relation to Vol1-428, Vol1-462. community growth areas, in appendix 3. Supports: o Suggest providing definitive clarity on what a “gap site” is. Vol1-344/Vol1-345, Vol1-443. o Request that green spaces and networks are considered as

94 priorities for Newton Community growth area. ST31 Technical Various technical changes o Wording changes suggested by Council and objectors o Changes to map keys o Clarification of paragraphs and policies ST32 General Objects: o Objects to the Council providing nursery services. Vol1-70, Vol1-145, Vol1-155, o Suggests SG be developed for small communities and building Vol1-309, Vol1-454, Vol1-502. groups. o Clarification on “sustainable location”. o Objects to housing land supply not being over a 10 year period. o Concerned over current expansion rate of Strathaven. Cambuslang/Rutherglen CR1 South Cathkin Objects: o Objects to a site designated as Green Belt not being designated Roundabout Vol1-253 for commercial use. Cambuslang CR2 East Greenlees Objects: o Objects to a site not being designated for residential use. Farm Phase 1 and Vol1-205/Vol1-206 2 Cambuslang CR3 Corner of East Objects: o Objects to a site not being designated for residential use. Kilbride Road Vol1-246 Cambuslang CR4 Alternative Site Objects: o Request that a site is included as residential land. Hallside East Vol1-469 Cambuslang CR5 Kirkhill Golf Objects: o Request that a site designated as Green Belt be allocated for Course Vol1-264 residential development. Cambuslang CR6 Dalmarnock Road Objects: o Requests re-designation of vacant land from a core industrial Rutherglen Vol1-263 business area to mixed use development or out-of-centre commercial designation. CR7 Mathieson Road Objects: o Requests re-designation of core industrial and business area to Farme Cross Vol1-22 a residential development opportunity. Rutherglen Supports:

95 Vol1-84 Clydesdale CL1 Boghall Road Objects: Vol1-312 o Objects to a site not being allocated for residential development. Biggar CL2 Lindsaylands Objects: Vol1-80 o Objects to a site not being allocated for residential development. Road Biggar CL3 Loaningdale Objects: Vol1-61 o Objects to a site not being reallocated from green network to Biggar residential use. CL4 Airdrie Road Objects: Vol1-314 o Objects to a site not being reallocated from core industrial and Carluke business use to residential use. CL5 Mauldslie Road Objects: Vol1-303 o Objects to a site not being allocated for residential development. Luggie Road Carluke CL6 Elvanfoot Objects: Vol1-191 o Objects to a site not being allocated for business use CL7 Bellefield Road Objects: Vol1-62 o Objects to two sites not being allocated for residential Lanark development. CL8 Hyndfordbridge Objects: Vol1-122 o Objects to a site not being allocated for residential development. Lanark CL9 Old Bridgend Objects: Vol1-124 o Requests a site is allocated for residential development. Lanark CL10 Land North of Law Objects: Vol1-307, Vol1-311 o Objects to a site not being allocated for residential development. (Birks Farm) CL11 Leadhills Objects: Vol1-100 o Objects to a site not being allocated for business use CL12 Symington Objects: Vol1-154 o Objects to a site not being allocated for residential development. East Kilbride EK1 Mid Shawton Objects: o Objects to a site not being allocated for residential development. Chapelton Vol1-371 EK2 Colvilles Road Objects: o Objects to a site not being allocated as mixed used residential East Kilbride Vol1-316 and retail development. EK3 Hayhill Rd Jackton Objects: o Objects to a site not being allocated for residential development. East Kilbride Vol1-400 Support:

96 Vol1-35, Vol1-45 EK4 Jackton Road Objects: o Objects to a site not being allocated for residential development. East Kilbride Vol1-348 EK5 Langlands East Objects: o The Council do not support either of the housing sites being Kilbride Vol1-373, Vol1-401, Vol1-47, promoted at Auldhouse Road and Mid Crosshill Farm, the Vol1-73/Vol1-163, Vol1-128, Council propose an extension to the Local Nature Reserve which Vol1-147, Vol1-173, Vol1- 174, will offer further protection to the moss. Finally there are no Vol1-175, Vol1-178, Vol1-179, changes proposed to the Development Framework Site at Vol1-180, Vol-181, Vol1-196, Langlands West. Vol1-197, Vol1-208, Vol1-209, Vol1-210, Vol1-212, Vol1-217, Vol1-Vol1-219, Vol1-224, Vol1- 225, Vol1-227, Vol1-228, Vol1- 230, Vol1-237, Vol1-38, Vol1- 239, Vol1-241, Vol1-242, Vol1- 244, Vol1-301, Vol1-470. EK6 North of East Objects: o Objects to a site not being allocated for residential development. Kilbride Vol1-352 EK7 O’Cathian Farm Objects: o Objects to a site not being allocated for residential development. East Kilbride Vol1-372 EK8 Glasgow Road Objects: o Objects to a site not being allocated for residential development. Nerston East Vol1-404 Kilbride EK9 West of Redwood Objects: o Objects to the re-designation of the site to residential Drive East Kilbride Vol1-249, Vol1-293. development. Supports: o Supports the re-designation of the site to residential Vol1-211 development.

EK10 Westend Farm Objects: o Objects to a site not being allocated for residential development. Jackton East Vol1-374 Kilbride EK11 The Ferme Objects: o Objects to a site not being allocated for residential development.

97 Glassford Vol-369 EK12 Colinhill Road Objects: o Objects to a site not being allocated for residential development. Strathaven Vol1-357 Supports: Vol1-501 EK13 Extension to East Objects: o Objects to the re-designation of the site to residential Overton Vol1-40, Vol1-42, Vol1-162, development. Strathaven Vol1-171, Vol1-232, Vol1-235, o Supports the re-designation of the site to residential Vol1-240, Vol1-247, Vol1-258, development. Vol1-285, Vol1-410, Vol1-481, Vol1-485, Vol1-486, Vol1-491. Supports: Vol1-150 EK14 Glasgow Road Objects: Vol1-405 o Objects to a site not being allocated for residential development. Strathaven EK15 Glassford Road Objects: Vol1-44, Vol1-157, o Objects to the re-designation of the site to residential Strathaven Vol1-158, Vol1-169, Vol1-223, development. Vol1-226, Vol1-236, Vol1-248, o Supports the re-designation of the site to residential Vol1-252, Vol1-257, Vol1-284, development. Vol1-411, Vol1-480, Vol1-484, Vol1-487, Vol1-490 Supports: Vol1-177, Vol1-151 EK16 Kibblestane Place Objects: Vol1-379 o Objects to a site not being allocated for residential development. Strathaven Support: Vol1-500 o Supports non-inclusion on site as residential development

EK17 Muirkirk Road Objects: Vol1-361 o Objects to a site not being allocated for residential development. Strathaven EK18 Newhouse Farm Objects: Vol1-346 o Objects to a site not being allocated for residential development. Strathaven Support: Vol1-499 o Supports non-inclusion on site as residential development

EK19 Sidehill Farm Objects: Vol1-350 o Objects to a site not being allocated for residential development. Strathaven

98 EK20 Braehead Road Objects: Vol1-354 o Objects to a site not being allocated for residential development. Thorntonhall EK21 Peel Road Objects: Vol1-20, Vol1-27, Vol1- o Objects to the re-designation of the site to residential Thorntonhall 36, Vol1-56, Vol1-71, Vol1-75, development. Vol1-76, Vol1-77, Vol1-83, Vol1- o Supports the re-designation of the site to residential 92, Vol1-93, Vol1-94, Vol1-102, development. Vol1-104, Vol1-105, Vol1-121, Vol1-123, Vol1-126, Vol1-131, Vol1-132, Vol1-133, Vol1-159, Vol1-164, Vol1-170, Vol1-176, Vol1-194, Vol1-195, Vol1-198, Vol1-207, Vol1-214, Vol1-215, Vol1-216, Vol1-220, Vol1-221, Vol1-222, Vol1-229, Vol1-231, Vol1-233, Vol1-243, Vol1-251, Vol1-286, Vol1-409, Vol1-412, Vol1-452, Vol1-468, Vol1-488, Vol1-489, Vol1-496 Supports: Vol 1- 149, Vol 1- 281

EK22 South Hill of Objects: Vol1-414 o Objects to a site not being allocated for residential development. Dripps Thorntonhall Hamilton HM1 Bardykes Objects: Vol1-101, Vol1-125 o Objects to a site not being allocated for residential development. Blantyre HM2 Shott Farm Objects: Vol1-276 o Objects to a site not being allocated for residential development. Blantyre HM3 Ferniegair Objects: Vol1-165 o Objects to a site not being allocated for residential development. HM4 Newhousemill Objects: Vol1-287 o Objects to a site not being allocated for residential development. Road Hamilton

99 HM5 Ashgillhead Objects: Vol1-295 o Objects to a site not being allocated for residential development. Ashgill Larkhall HM6 Ashgillhead Objects: Vol1-298 o Objects to a site not being allocated for residential development. Shawsburn Larkhall HM7 Carlisle Road Objects: Vol1-479 o Objects to a site not being allocated for residential development. Larkhall HM8 Shawsburn Objects: Vol1-57 o Objects to a site not being allocated for residential development. Larkhall HM9 Limekilnburn Objects: Vol1-291 o Objects to a site not being allocated for residential development. Road Quarter HM10 Stonehouse Objects: Vol 1-375, Vol 1-376, o Objects to a site not being allocated for residential development. North Vol 1-377 , Vol 1-378, Vol 1- 408, Vol 1-424, Vol 1-425

100 Agenda Item

Report 10

Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Subject: The South Lanarkshire Development Plan Scheme 2019

1. Purpose of Report

1.1 The purpose of the report is to:-

 seek Committee approval for the South Lanarkshire Development Plan Scheme (appended to report) which will then be submitted to the Scottish Government for information. [1purpose] 2. Recommendation(s)

2.1 The Committee is asked to approve the following recommendation(s):- [r] (1) that the South Lanarkshire Development Plan Scheme 2019 as set out in the appendix is approved and published. (2) that the South Lanarkshire Development Plan Scheme 2019 is submitted to the Scottish Government. [1recs] 3. Background

3.1 The Planning etc. (Scotland) Act 2006 requires Planning Authorities in Scotland to prepare Strategic Development Plans (SDPs) and Local Development Plans (LDPs).

3.2 Scottish Government has also instructed all planning authorities to prepare a development plan scheme. The scheme has to set out the authority’s programme for preparing and reviewing their SDPs or LDPs and what is likely to be involved at each stage. The scheme is to be updated annually.

3.3 SDP2 for Glasgow and the Clyde Valley is progressed by a Joint Committee that includes South Lanarkshire Council. The SDP team has prepared its own development plan scheme which will go before the SDP Joint Committee. The current SDP2 was approved in March 2017.

3.4 Preparation on the second South Lanarkshire Local Development Plan (LDP2) began in 2016. A Main Issues Report was produced in 2017 which was subject to statutory consultation. Following on from this, the proposed South Lanarkshire Local Development Plan 2 was produced in 2018 and this was subject to statutory consultation between July and September 2018. A separate report detailing the representations that have been received, how the Council intends to respond to them 101 and seeking approval to submit the proposed Plan to Scottish Ministers is on the agenda for this Committee.

4. The South Lanarkshire Development Plan Scheme 2019

4.1 A development plan scheme for South Lanarkshire for 2019 has been prepared and is attached as an appendix to this report. The scheme covers:-

• the current coverage of development plans in South Lanarkshire • proposals for LDP2 for the Council area and the context set for this by the Glasgow and the Clyde Valley SDP • the timescale for preparation and adoption of LDP2 • details, as appropriate, of the key components of each stage of preparation • a participation statement, giving an account of when consultation took place, with whom and in what form, during the preparation of the LDP2 • information on how to access information and get in touch with the Council

4.2 The scheme highlights the progress made to date in the development plan process. The following work has been completed in 2018/19:-

• preparation of the proposed LDP2 and Committee approval for the Proposed Plan in May 2018 • consultation on the proposed LDP2 between July and September 2018 • consideration of the representations that were made during the consultation process. It is intended to submit the Proposed Plan to Scottish Ministers in April 2019. This will include Schedule 4 documents that explain the Council’s position in relation to unresolved representations.

4.3 Once approved by Committee, the Development Plan Scheme will be sent to the Scottish Ministers and made available on the Council’s web site and in every Council library.

5. Employee Implications

5.1 The timescales for the delivery of the local development plan 2 outlined within the development plan scheme are based upon continuity of existing staff resources within Planning and Economic Development Services. Changes in this resource may impact on the programmes presented.

6. Financial Implications

6.1 The resources required to deliver the local development plans and guidance described in the development plan scheme are dependent upon the current budget levels available to Planning and Economic Development Services. Changes in these financial resources may impact on the programmes presented.

7. Other Implications

7.1 Local development plans are subject to the requirements of the Environmental Assessment (Scotland) Act 2005. Each plan requires to be subject to Strategic Environmental Assessment as is detailed within the development plan scheme. Plans will also be subject to other forms of assessment to address sustainability issues, meet other legislative requirement and/or Council/Community Planning policy, namely; Habitats Regulation Appraisal, Equality Impact Assessment and Health Impact

102 Assessment. The Development Plan Scheme itself, however, does not raise any sustainability issues.

7.2 The production of the Development Plan Scheme is a statutory requirement and there would be a reputational risk to the Council if it failed to do so.

8. Equality Impact Assessment and Consultation Arrangements

8.1 As indicated in the above paragraph, Equality Impact Assessment will be undertaken on local development plans.

8.2 There are no consultation requirements for the development plan scheme. The scheme, however, details the stages, form and timing of the required participation and consultation associated with the preparation of the LDP and its associated guidance.

Michael McGlynn Executive Director (Community and Enterprise Resources)

7 February 2019

Link(s) to Council Objectives/Values/Ambitions • Improve the quality of the physical environment • Support the local economy by providing the right conditions for growth, improving skills and employability • Improve health and increase physical activity

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:- Laura Gaddis, Planning Officer, Planning Headquarters Team - Montrose House, Hamilton Ext: 5934 (Tel: 01698 455934) E-mail: [email protected]

103

104 10

South Lanarkshire Development Plan Scheme 2019

Community and Enterprise Resources

105 106 South Lanarkshire Development Plan Scheme 2019

Contents

1 Introduction 2 2 Development planning in South Lanarkshire 3 3 South Lanarkshire Local Development Plan 8 4 Accessing information and contacts 12

107 2 South Lanarkshire Development Plan Scheme 2019

1 Introduction

1.1 This is the development plan scheme for South Lanarkshire Council. It is prepared in accordance with paragraph 20B of the Planning etc. (Scotland) Act 2006 and sets out the Council's programme for the preparation of local development plans to cover the South Lanarkshire area.

1.2 This scheme covers:-

The current coverage of development plans (strategic and local development plans) in South Lanarkshire. Proposals for the preparation of a replacement local development plan (which will be referred to as LDP2) for the area and the context for these as set by Clydeplan Strategic Development Plan. The timescale for preparation of this LDP. Details, as appropriate, of the key components of each stage of preparation. A participation statement, giving an account of when consultation will take place, with whom and in what form, during the preparation of the LDPs. Details of Statutory Supplementary Guidance and other non-statutory planning guidance associated with the local development plan. Information on how to access information and how get in touch with the Council.

1.3 As required by legislation, this development plan scheme will be reviewed and republished every year.

The development plan system in Scotland

1.4 The Planning etc. (Scotland) Act 2006 sets out the requirements to prepare development plans. Development plans are the basis for decision making on planning applications, containing policies and proposals for the future development and use of land. Prior to the 2006 Act the development plan comprised of Structure Plans and Local Plans. The Act however introduced three tiers of land use plan:-

1. The National Planning Framework 2. Strategic development plans 3. Local development plans

1.5 Further information on the planning system is available from the Scottish Government's website www.scotland.gov.uk/Topics/Built-Environment.

1.6 Changes to the development plan system are proposed as part of the current review of the Planning system in Scotland. However, the changes to the system are not yet introduced into statute and the existing system therefore continues to be in force. The South Lanarkshire Local Development 2 is being produced under the existing system but is taking account of some of the changes are likely to be introduced under the new legislation. In particular the LDP2 will not contain any Statutory Supplementary Guidance (SG) as is the case with the current adopted LDP but rather will include a Volume 2 of additional policies that in effect will replace the SG's. The Council will also produce Supporting Planning Guidance on a number of topics but this will not have the same standing as the statutory Supplementary Guidance that was produced for LDP1. There are other changes which will be introduced as the new system comes into force.

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Development planning in South Lanarkshire 2

Strategic Development Plan (SDP)

2.1 South Lanarkshire Council is one of the eight local authorities that form the Clydeplan Strategic Development Planning Authority (SDPA). .

Figure 2.1 South Lanarkshire and the Clydeplan Strategic Development Planning Authority

2.2 The second SDP (Clydeplan) was approved in July 2017. The future role of SDP's in the planning system has been subject to review through the passage of the proposed Planning Bill in the Scottish Parliament. It is as yet unclear what processes will be put in place to deal with issues that are cross boundary or region wide such as the Housing Needs and Demand Assessment. Until such times as this is clarified the LDP2 will conform to the approved Strategic Development Plan and this will be a material consideration in the production of the local development plan.

2.3 The legislation states that constituent local authorities should have their local development plans adopted within two years of the strategic development plan. South Lanarkshire adopted its current Local Development Plan in June 2015 and aims to have the second South Lanarkshire Local Development Plan adopted by spring 2020. Section 3 'South Lanarkshire Local Development Plan' provides further details of timescales.

Local Development Plan (LDP)

2.4 The Council area is covered by two local development plans:-

South Lanarkshire Local Development Plan (2015) South Lanarkshire Minerals Local Development Plan (2012) (now beyond its 5 year liefspan)

109 4 South Lanarkshire Development Plan Scheme 2019

2 Development planning in South Lanarkshire

2.5 The Minerals LDP was adopted in June 2012. The purpose of this plan was to provide a comprehensive policy basis for mineral development within one document. This plan was due for a refresh however a separate Minerals Development Plan is not now required as the proposed SLLDP2 will include minerals policies in Volume 1 and Volume 2. In the meantime, until such times as the LDP2 is adopted, non-statutory guidance on Minerals was approved in November 2017 to bridge any gap in Minerals Plan Policy coverage.

2.6 The main stages of LDP preparation are set down in the Planning etc. (Scotland) Act 2006 and associated regulations and circular, and are summarised as follows.

Stages of Local Development Plan preparation

Monitoring Statement (MS): The MS reports on changes to the principal physical, social and environmental characteristics of the area and the impact of policies and proposals of existing plans. Main Issues Report (MIR): The MIR sets out the principal policy and development proposals that will be included in the plan and possible alternatives for consideration. Proposed Plan: The Proposed Plan consists of a written statement and associated maps and diagrams. Following consultation and taking consideration of any representations received the Council will take one of the following actions:

Submit the plan to the Scottish Ministers with no modifications; Make minor modifications which do not affect the emphasis of the Plan and re-consult; Makes significant modifications that affect the emphasis of the Plan and issue a new plan fro consultation.

Examination of Proposed Plan: Where there are outstanding objections a Proposed Plan will be subject to a public examination. This is carried out by a Reporter appointed by Scottish Ministers. The Reporter examines the report on LDP consultation, the extent to which the plan conforms to national policy and the Strategic Development Plan. The Reporter also considers the outstanding objections and the sections of the LDP to which these relate. Once the examination is complete the Reporter will publish findings and submit them to the planning authority. The planning authority must modify the plan in light of the Reporter’s recommendations. The planning authority has three months to complete this modification process and submit the modified Proposed Plan to Scottish Ministers. Adopted Plan: Following submission the planning authority can announce its intention to adopt the plan as the fully constituted LDP. However, the planning authority must wait for a period of 28 days from the date of its announcement prior to adopting the plan. The Scottish Ministers have the power to extend this 28 day period and can direct the planning authority to modify the plan prior to its adoption.

Supplementary Guidance

2.7 As part of the South Lanarkshire Local Development Plan the Council produced a number of statutory Supplementary Guidance (SG) documents. These contained detailed policies and guidance relating to issues covered in the Local Development Plan. Ten SGs have been approved. All of the

110 South Lanarkshire Development Plan Scheme 2019 5

Development planning in South Lanarkshire 2

policy contained within this Supplementary Guidance have been included within Volume 2 of the proposed South Lanarkshire Local Development Plan 2 .The Council will therefore not be producing any further Statutory Supplementary Guidance.

2.8 If required, the Council will produce supporting planning guidance on specific topics. This would be approved by the Council and would be used to give further guidance to developers on specific subject areas. This supporting planning guidance does not need approval of the Scottish Government. It can be prepared at any time during the lifecycle of the plan.

Strategic Environmental Assessment

2.9 The policies and proposals contained in local development plans are required to be assessed for their potential impacts on the environment utilising a process known as Strategic Environmental Assessment (SEA).

2.10 The purpose of SEA is to provide a high level of protection for the environment by ensuring that environmental issues are considered by decision makers alongside economic and social issues. This is achieved by systematically assessing the potential significant effects of the plan, and recording the results in an 'Environmental Report'. The process involves both regular liaison with Scottish Natural Heritage, Scottish Environment Protection Agency and Historic Environment Scotland (the 'consultation authorities') and its own public consultation process.

2.11 An SEA has been carried out in conjunction with the preparation of LDP2 in alignment with the process of plan preparation. The main stages and their relationship to the stages of LDP preparation are summarised below.

Stages of Strategic Environmental Assessment

SEA Screening: a process for identifying the likelihood of the LDP having a significant environmental effect. Local development plans will, by their very nature, have environmental effects. Therefore a SEA will be required, so it is unlikely that this screening stage will be necessary. SEA Scoping: determines which details are to be included in the environmental report. It is undertaken early on in the assessment process, in order to focus efforts on the environmental issues to be assessed and the data sets that will be used to measure these and potential alternatives for achieving the aims of the LDP. Environmental Report: predicts and evaluates environmental impacts. The environmental report is the main reporting mechanism for describing and evaluating the environmental effects of the proposed LDP and evaluating alternatives. A draft Environmental Report will be published with the Main Issues Report with a revised Environmental Report being published alongside the Proposed Plan. A further revision may be required after the public examination of the plan. (For further details see SEA process.)

Habitats Regulations Appraisal

2.12 Following a ruling by the European Court of Justice in October 2005, plans which are likely to have a significant effect on Special Protection Areas (SPAs) or Special Areas of Conservation (SACs) can be approved only after a Habitats Regulations Appraisal (HRA) of the implications of the plan's policies/proposals for the sites has been carried out, under the provisions of the Habitats Directive 1992.

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2 Development planning in South Lanarkshire

The requirements are transposed into UK law by the Conservation (Natural Habitats & c) Regulations 1994. Scottish Ministers have also extended the requirement for assessment to Ramsar sites, listed under the international convention on the conservation of wetlands of international importance, and potential SPAs, before they are fully classified.

2.13 The Scottish Government outlined the requirements for development planning in Circular 6/2013 - Development Planning paragraphs 100-104. An HRA is required for all proposed LDPs. This requires a draft assessment at the MIR stage and a revised assessment at the proposed Plan stage. A further revision may be required after public examination of the plan. In addition HRA is required to be undertaken for any Supplementary Guidance produced.

Equality Impact Assessment/Health Impact Assessment

2.14 The preparation of LDPs in South Lanarkshire takes place within a context that is wider than direct legislative requirements and high level planning and environmental policy. The Council has further obligations and policies that also apply to the preparation and content of LDPs. The Council is committed to undertake assessment of all policies to ensure that they do not prejudice the interests of individuals in terms of age, disability, economic circumstance, ethnicity, gender or religion. An Equality Impact Assessment has been undertaken in the preparation of the SLLDP2.

2.15 Furthermore the Council has a significant role to play in Community Planning. The Community Empowerment (Scotland) Act 2015 introduced the requirement for Community Planning Partnerships to develop a Local Outcomes Improvement Plan (LOIP) and any appropriate Locality Plans (called Neighbourhood Plans in South Lanarkshire). It also gave community planning a statutory purpose to focus on improving outcomes and tackling inequalities of outcome, including in localities whose communities experience the poorest outcomes. Outcomes relating to health can be influenced by planning policy and Health Impact Assessment has been developed as a tool to allow assessment of policy and its relationship to human health, which is also considered by SEA.

Consultation

2.16 Early and effective consultation with stakeholders is an established principle in South Lanarkshire. The Council strives for continuous improvement in this area and has established a number of ways to engage and consult with communities for example, focus groups and citizens panels. Preparing LDPs is informed by the National Standards for Community Engagement as set out in PAN 81 Community Engagement - Planning with People.

National standards for community engagement

1. Involvement: Identify and involve the people and organisations who have an interest in the focus of the engagement. 2. Support: Identify and overcome any barriers to involvement. 3. Planning: Gather evidence of need and resources to agree purpose, scope and actions. 4. Methods: Agree and use methods of engagement that are fit for purpose. 5. Working Together: Agree and use clear procedures that enable participants to work together effectively and efficiently. 6. Sharing Information: Ensure necessary information is communicated between the participants. 7. Working with Others: Work effectively with others with an interest. 8. Improvement: Develop the skills, knowledge and confidence of the participants.

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Development planning in South Lanarkshire 2

9. Feedback: Feed results back to the wider community and agencies affected. 10. Monitoring and Evaluation: Monitor and evaluate whether engagement achieves its purpose and meets the national standards for community engagement.

2.17 South Lanarkshire Council has a development planning consultation portal on the internet with the web services company Objective Keystone Online Software. When a consultation is underway the portal is active and can be accessed via the South Lanarkshire Council Website. Draft versions of documents are published on this portal and comments can be made online. Consultees can register themselves and set their own preferences on how they wish to be alerted to future consultations. The planning service need to hear from individuals, groups and organisations if there are any changes to contact details.

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3 South Lanarkshire Local Development Plan

Local Development Plan (LDP)

3.1 The South Lanarkshire Local Development Plan was adopted in June 2015. The local development plan needs to be kept under review and Table 3.1 indicates the main stages of activity for preparation of LDP2.

Participation Statement

3.2 Early and effective consultation is the basis for the preparation of the MIR. The Council carried out significant consultation to allow communities and individuals to participate. Different types of events were held across South Lanarkshire. These were supplemented through a Council wide survey using the objective keystone online consultation forums and other online surveys.

3.3 Engagement also took place with secondary school pupils, the Disability Partnership and Seniors Together. In addition a variety of social media options were used as a way of reaching out to the wider community this included the use of the Councils Twitter and Facebook Accounts and regular updates on the Councils website newspages. Following this a Consultation and Engagement Report was prepared that was used as an evidence base for the MIR. Dialogue with the key statutory consultees in the LDP and SEA process continued as the LDP2 progressed.

3.4 The proposed LDP2 was approved by the Council in May 2018 following which it was published for consultation between June and September 2018. This involved statutory advertisement and consultation with stakeholders and community groups and the carrying out of neighbour notification of any owners or tenants of properties that may be affected by any proposals contained in the LDP2. Over 6000 letters were sent to households and businesses that would be affected by proposed changes in LDP2. This resulted in a number of responses and representations to some of the proposals contained in the proposed LDP2. These representations and responses is a background paper to a Committee Report on the next stages of SLLDP2 presented to committee in February 2019.

Programme

3.5 Table 3.1 identifies the tasks, progress and timescales for preparing the LDP. Consultation activity is shaded.

Table 3.1 Preparing the South Lanarkshire LDP 2

Stage Key components Complete/Timescale

Preparatory work Draft Monitoring Statement/Call for Sites January/April 2016

SEA Scoping Report

Consultation and Establish Consultation Forums March/April 2016 Engagement Consultation Events March/June 2016

Consultation and Engagement Report August/September 2016

Prepare Main Issues Prepare and publish MIR, Monitoring Statement August 2016 - April Report (MIR), 2017

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South Lanarkshire Local Development Plan 3

Stage Key components Complete/Timescale

Monitoring Statement, SEA Environmental Prepare and publish draft SEA Environmental Report Report and Habitats and Habitats Regulations Appraisal Regulations Appraisal

Consultation on MIR Six week period for comments May/June 2017 and SEA August 2017 Environmental Report Consultation portal Supplementary Consultation on Addition Potential Development Sites from MIR consultation responses.

Prepare Proposed Assessment of consultation responses including September 2017 - Plan, Proposed Action supplementary sites June 2018 Programme and revisions to SEA Prepare and publish documents Environmental Report

Consultation on Statutory deposit and six week period for Proposed Plan and representations August/September SEA Environmental 2018 Report Consultation portal

Prepare for Assessment of representations October/December examination of 2018 Proposed Plan Potential for modifications to be made to Proposed Plan and further statutory deposit December 2018

Submit Proposed Plan, Action Programme and Report March/April 2019 of Conformity to Scottish Ministers

Examination of Reporter appointed May 2019 Proposed Plan Examination of objections made and not withdrawn June 2019

Reporters report December 2019

Publish plan incorporating Reporters March 2020 recommendations April 2020 SEA and HRA assessment of Reporters recommendations

Submit to Scottish Ministers

Adoption of LDP Adoption of LDP May/June 2020

Post adoption SEA Statement August 2020

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3 South Lanarkshire Local Development Plan

3.6 A summary time-line is provided on the next page.

116 South Lanarkshire LDP 2 programme

Table 3.2

Year (quarters) 2016 2017 2018 2019 2020

Stage 214321432143214321

SLLDP monitoring Plan Development Local Lanarkshire South

Community consultation

MIR

Consultation on MIR

Proposed Plan 117 Consultation on Proposed Plan

Pre examination

Examination 2019 Scheme Plan Development Lanarkshire South

Adoption 3 11 12 South Lanarkshire Development Plan Scheme 2019

4 Accessing information and contacts

South Lanarkshire Council

Community and Enterprise Resources Planning and Building Standards Services HQ Montrose House 154 Montrose Crescent Hamilton ML3 6LB

Tel: 0303 123 1015 Email: [email protected]

Web page: www.southlanarkshire.gov.uk

South Lanarkshire's development planning consultation portal:

http://consult.southlanarkshire.gov.uk

Clydeplan Strategic Development Plan Authority

Clydeplan 125 West Regent Street (lower ground floor) GLASGOW G2 2SA Tel : 0141 229 7730 Email: [email protected]

Web page: www.clydeplan.gov.uk

118 119 If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone 0303 123 1015 or email: [email protected]

South Lanarkshire Council Community and Enterprise Resources Planning and Economic Development Montrose House, 154 Montrose Crescent Hamilton ML3 6LB www.southlanarkshire.gov.uk

120 Agenda Item

Report 11 Report to: Planning Committee Date of Meeting: 26 February 2019 Report by: Executive Director (Community and Enterprise Resources)

Subject: Planning Enforcement Charter

1. Purpose of Report

1.1. The purpose of the report is to:-

• seek Committee approval to revise the Council’s Planning Enforcement Charter [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) Approve the amendments to the Council’s Planning Enforcement Charter set out in the appendix to this report, subject to the Head of Planning and Economic Development being authorised to modify the document to take account of drafting, presentational and technical matters, prior to publication. [1recs] 3. Background

3.1. Section 158A of the Town and Country Planning (Scotland) Act 1997 requires a planning authority to prepare an enforcement charter. It should contain the Council’s policies for taking enforcement action, advise how members of the public can report breaches of planning control and provide information on how the enforcement system works. The charter must be kept under review and be updated and republished at least every 2 years.

3.2 The current version of the charter was approved by the Planning Committee on 21 February 2017. It introduced a priority system to ensure that both planning and enforcement officers prioritise their responses to potential breaches. This established hierarchy gives priority to cases that have the most serious potential effects and which may affect important or sensitive sites. These types of cases includes those where the unauthorised works are causing an immediate threat to public safety or significant and immediate harm to the amenity of an area (due to the impact for example of additional noise and pollution or the visual impact). Cases involving damage to listed buildings, designated natural or historic sites and conservation areas also fall into this category. These require a response immediately, or within one working day.

3.3 Cases which are of a medium priority require a response within 5 working days. This can include ongoing building operations or the change of use of land or buildings which are not significantly harming amenity and non-compliance with drawings approved by a planning permission or any conditions attached to the consent. 121 Finally, a lower priority is given to cases where the unauthorised development reported is likely to be small scale in nature and unlikely to have a major effect on amenity or public safety. They should be responded to within 10 working days. The text does highlight, however, that, although a case may not fall within the ’high priority’ category, it may be that the level of harm being caused is high. If this is the case, the case can be considered high priority and the appropriate action taken. Therefore, the level of harm caused by the case will always be considered, as well as which priority category it belongs to.

3.4 Since the approval of the current charter, the way in which the enforcement function is managed has changed. Previously, each of the area teams had a dedicated enforcement officer while the HQ team included an officer who dealt with the monitoring of minerals sites. Changes to the structure of the Planning Service have resulted in the enforcement function being located within the HQ team which allows more efficient use of staff resources. In addition, the introduction of the Uniform case management system in February 2018 has resulted in a more efficient method of recording cases and dealing with administrative tasks such as acknowledging enquiries (which includes of the name of the case officer and their contact details) and advising the complainer of the outcome of the investigation.

4. Review of the Planning Enforcement Charter

4.1 A key part of the review of the current charter was to consider whether the priority system remains appropriate in light of applying it on a day to day basis. Overall, it is considered that the hierarchy that has been introduced is relevant as are the timescales for investigating each type of priority. An additional category has been added to the list of low priority cases comprising anonymous complaints. It is always preferable that a complainant provides their details as it allows officers to put their location and relationship to the alleged breach into context. We always respect requests for confidentiality and treat personal data in accordance with the data protection legislation. The Council is subject to information requests and there may be limited circumstances where identity of those reporting breaches has to be released. This is made clear in the charter. Nevertheless consideration will be given to giving such cases higher priority if the alleged unauthorised works would cause a significant level of harm.

4.2 A number of additional changes to the charter are proposed the main amendments being as follows;

• Section 2c is proposed to be updated to make clear that formal enforcement action will only be considered where it is the public interest to do so which reflects national policy on planning enforcement. For example, taking action is not appropriate in order to resolve a neighbour dispute • Section 3 has been updated to include details on how alleged breaches can be reported. In addition, a commitment is given to passing on details of the alleged breach to other agencies to investigate under separate legislation • Additional detail is also proposed to be included in section 3 to inform customers how they will be kept informed of the investigation. This is also used to highlight the role the general public can play in terms of keeping a record of activity • Section 6a covers what happens when a retrospective planning application is made to regularise a breach. The changes emphasise that retrospective applications will be treated on their merits and that the fact the application is retrospective cannot be taken into account in assessing the proposals and is not a reason to refuse the application 122 • .Section 6c is amended to describe who a notice will be served on when it is decided enforcement action will be taken. The implications of not complying with a notice, including how a notice could affect a property in the future, are also added • A new section 10 dealing suspected unauthorised works to protected trees is also included

5.0 Next Steps and Timescale

5.1 Following Committee approval, it is intended that the revised charter would be published on the Council’s website and form the basis for guiding the Service’s approach to the application of its enforcement powers. In addition, in accordance with legislation, two copies will be sent to Scottish Ministers and a copy placed in each public library.

5. Employee Implications

5.1. There are no employee implications.

6. Financial Implications

6.1. There are no budgetary implications at this stage. Any publishing costs can be met from existing revenue budgets.

7. Other Implications

7.1. There would be a reputational risk if the Council did not provide an updated Planning Enforcement Charter.

7.2 There are no implications for sustainability in terms of the information contained in this report.

8. Equality Impact Assessment and Consultation Arrangements

8.1 This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and, therefore, no impact assessment is required. There is also no requirement to undertake any consultation in terms of the information contained in this report.

Michael McGlynn Executive Director (Community and Enterprise Resources)

15 February 2019

Link(s) to Council Objectives/Values/Ambitions • Improve the quality of the physical environment

Previous References • Report to Planning Committee 21 February 2017 - Planning Enforcement Charter.

List of Background Papers • South Lanarkshire Planning Enforcement Charter.

123

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

Tony Finn, Planning - Montrose House, Hamilton Ext: 5105 (Tel: 01698 455105) E-mail: [email protected]

124 11

Planning and Economic Development Services Planning enforcement charter A guide to enforcing planning controls

125 Contents

1 Introduction

2 The main points on planning enforcement

3 Informing us about a possible breach of planning control

4 Identifying possible situations where planning control has been broken

5 Our policy on enforcement and monitoring

6 Investigating possible situations where planning control has been broken

7 Not keeping to statutory notices

8 Appeals against notices

9 Enforcement and advertising

10 Protected trees

11 Enforcement powers

12 Making a suggestion or complaint

13 Enforcement contacts

126 1 Introduction

a You need planning permission for most types of development, including new buildings and change of use of land or buildings. However some minor work (known as permitted development) can be carried out without applying for permission. People sometimes carry out work without planning permission because they are unaware that permission is needed. Developers may ail to keep to the permission they have been given.

b We have legal powers to enforce planning controls if we think that it is in the public interest to do so. As well as investigating work that may have been carried out without permission, we also monitor developments that have been given permission to make sure that they are built in line with approved drawings and keep to planning conditions attached to the permission.

c This charter explains:

• how the enforcement process works; • our role; • what happens at each stage of what can be a lengthy process; and • the service standards we have set.

d Enforcement is one of the most complicated parts of the planning system. The aim of this charter is to make sure that our procedures are fair and reasonable and that we keep everyone involved informed when enforcement issues arise.

e There is also a role for the public in letting us know when planning controls may have been broken. Enforcing planning controls interests many members of the public. We hope you will find this charter useful. Let us know how you think we could further improve the service. Our contact details are in section 13.

This charter sets out the current powers available to planning authorities. These powers are set out in the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2 The main points on planning enforcement

a Breaking planning control is not in itself a criminal offence. This only applies when a notice served by the Council has not been complied with in the timescale required.

b When dealing with planning enforcement we seek to to deal with a problem rather than to punish what is often a mistake. Any action that we take has to be appropriate to the scale of the problem and the harm that it may be causing. It is a last resort when other ways of resolving the problem have been exhausted.

c We have legal powers to investigate cases where planning control has been broken and to take formal action if we cannot negotiate a satisfactory solution to any problems that have arisen. However, it is important to remember that enforcement is a discretionary power. This means that we have to decide whether it is in the public interest to take enforcement action. We do not have to take action when planning control has been broken and, if we have good reason to do so, we may decide that no action is needed.

127

d You can find more information on using enforcement powers in the Scottish Government Planning circular 10/2009: Planning Enforcement. You can see this online at: www.scotland.gov.uk/Topics/Built-Environment/planning/publications/circulars

e Planning enforcement also covers displaying advertisements such as signs, billboards and advertisement hoardings, although slightly different procedures apply. These procedures are set out in section 10 of this charter – Enforcement and advertising. The actual content of an advertisement is not covered by planning control. If you have a complaint about this, you should contact the Advertising Standards Authority. You will find their contact details at the end of section 13.

f We also have powers to intervene when trees that are protected by a Tree Preservation Order or trees within a conservation area are under threat. There may be also be a condition on a planning permission that prevents work to trees. Service standard

By publishing our standards and targets, we aim to improve our enforcement service so we respond to the needs of our customers. We will monitor this charter to make sure that we are meeting standards and targets.

You can get more copies of this charter on our website, at Q and As and by visiting Area Planning and Building Standards offices.

3 Informing us about a possible breach of planning control

a Members of the public have a vital role in reporting situations where control has been broken. If you are concerned that someone is carrying out work without permission or not keeping to planning permission they have been given, please contact the Planning Enforcement team.. You can phone them or call in person at these offices. It is helpful but not essential, that you follow up any phone call or visiin writing or by e-mail. You can also report breach using an online form. Contact details can be found in section 13 of the charter.

b The following information is important and helpful to us when you report a suspected case where planning control has been broken.

• The address or location of the property or land involved. • Full details of the suspected problem (for example, details of the building work or activities being carried out, or the particular condition on a planning permission which you think may not be being kept to). • Dates and times when the activity is carried out or when the building work began, if this applies. • Details of any problems caused by breaking the planning controls.

128 Details of your name, phone number and address (or an e-mail address if you have one or if you send us your enquiry electronically) are helpful if you want to know the outcome of an investigation into your enquiry.

c We will do our best to honour requests for confidentiality and treat personal data in accordance with data protection legislation. We are however subject to information requests and we may have to release personal information in some limited circumdtances. , Requests for total confidentiality may also limit our ability to take formal action and we cannot guarantee this if the case leads to court proceedings.

d Members of the public also have an important role in monitoring the conditions that are placed on most planning permissions. Anyone applying for permission must keep to any conditions attached to the decision notice which is issued when planning permission is granted. You can see the decision notices at the appropriate Planning and Building Standards area office or online at www.southlanarkshire.gov.uk. Planning permissions are monitored by our Planning and Building Standards Service. However, we grant a large number of permission applications each year and it is not practical for us to monitor all conditions at all times. In some cases, the developer has to put up a notice at the development site showing information that might help you when you contact us. It will have the name of the developer, the date when planning permission was granted, and details of ow to contact us.

e We check any information we receive from the public to see if it involves a possible problem and to make sure that all the details that we need to carry out an investigation have been provided. After our first checks, we will log the enquiry. We will then send a written or e-mail acknowledgement to the person who made the enquiry which will include details of the case reference number, details of the officer dealing with the enquiry and other contact details.

f We recognise that delays can be frustrating to people sending us information about situations where planning control has been broken, particularly if you consider that you are affected. We will try to keep you informed about significant stages in the progress of a case. However, if you want regular updates, you should contact the case officer direct. You will be informed of the outcome of the case in writing.

4 Identifying possible situations where planning control has been broken

a Situations where planning control may have been broken include:

• work being carried out without planning permission or other types of permission (for example, listed building consent or advertisement consent); • an unauthorised change of use of land or buildings; • people using their home to run a business;

129 • not keeping to conditions attached to any permission; • carrying out work which does not keep to approved plans which have been given planning permission; or • carrying out work to trees that are protected by a planning condition or a tree preservation order.

There will be cases where the work that has been carried out is permitted development because of its size and position and does not require planning permission in the first place. It is not always the case that works to a listed building need consent if that would work does not affect its character. In addition there are many situations where running a business from a house does not require permission. Further detailed guidance on this can be found by contact the Planning Service.

b Our ability to take enforcement action is restricted by when the unauthorised development or change of use originally took place. We have to take enforcement action within the following strict time limits.

• A four-year limit – applies to ‘unauthorised operational development’ (carrying out building, engineering, mining or other operations in, on, over or under land) and the change of use of abuilding to a single home. Four years after the planning control has been broken, the development becomes lawful and we cannot take any enforcement action. • A ten-year limit – applies to all other development including a change of use (other than to a single home) and breaching any condition. After ten years, the development becomes lawful if we have not taken any enforcement action.

c In many circumstances, we receive enquiries which do not relate to planning matters. For example we cannot become involved in boundary disputes and legal issues or matters that are dealt with under other legislation.

If this is the case, we will tell you that we cannot take action and if appropriate, we will refer you to the Council service or other agency which can help you with your concern.

5 Our policy on enforcement and monitoring

a When we conclude that planning control has been broken, we have to decide what action, if any, is needed. These situations can sometimes have a serious effect on an area and the local environment, but equally, some are less harmful.

b When considering whether to take formal enforcement action, our main concern is whether the unauthorised development or activity has a harmful effect on an area (for example, through noise, visual impact (what it looks like), smell, dust, fumes or traffic safety).

General enforcement policy

We will take enforcement action against any unauthorised development that unacceptably harms public amenity, public safety or the existing use of land and buildings which need protecting in the public interest.

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In considering whether to take enforcement action, we will assess the situation against:

• the local development plan and enforcement policies; • the effect on residential amenity (for example whether a development would result in a loss ofprivacy, overlooking or overshasdowing or whether it would affect the overall character of an and its enjoyment by residents or visitors); • the effect on road safety; • the scale of the problem; • how sensitive the area is to the harmful effects of noise, visual effect, smell, dust, fumes and so on; and • how much harm will be done to the environment – this can include landscape character, listed buildings, archaeology and habitats.

Justification

Scottish planning policy states that the Scottish Government feel confidence in the planning system depends on reliably enforcing the law and planning decisions. The policy also says that the controls and requirements involved in the planning process must be in proportion to how serious the situation is. We will not take action against trivial or technical breaks that cause no harm to amenity or safety. We will try to persuade an owner or occupier of land to voluntarily put right any harmful effects of unauthorised development. However, any negotiations will not delay formal enforcement action that we may need to take to either stop the activity or make the development acceptable for planning reasons.

General monitoring policy

We will monitor a development to make sure it is carried out in line with planning laws and approved plans and conditions. We will give priority for monitoring to those developments which are most likely to have an effect on the environment or residents or on public safety In addition, to monitor the progress of works on sites where mineral extraction or renewable energy development is taking place the Council, where appropriate, will appoint at the expense of the developer a suitably qualified independent assessor. The role of the assessor will be to verify that the works being carried out match the earthmoving, phasing and restoration works shown on he approved planning permission.

Justification

We need effective controls to make sure development is carried out strictly in line with planning laws and planning permission. Problems may arise if a development is not carried out in line with the planning permission which has been granted. For example:

• building in the wrong place; • not providing enough protection to existing trees and hedgerows; • using inappropriate materials;

131 • not doing the right kind of hard and soft landscaping; or • problems with boundaries.

We may also add conditions to planning permission to tackle possible problems arising from a development. As a result we need effective monitoring to make sure that development takes place in line with approved plans and conditions.

Service standard

A priority system is used to investigate the complaints and information that we receive about cases where planning control may have been broken. We will give greater priority to those cases that have the most serious potential effects and which may affect important or sensitive sites. Although a case may not fall within the ’high priority’ category, it may be that the level of harm being caused by it is high. If this is the case, we will consider that the case is high priority and will take appropriate action. Therefore, the level of harm caused by the case will always be considered, as well as which priority category it belongs to.

We will generally not investigate anonymous complaints other than where the claim about unauthorised development relates to high priority categories

Complaints will be prioritised as set out in the following table.

High priority: Comments Investigation - immediate or within 1 working day of notification

Unauthorised works causing an immediate threat to public safety

Unauthorised works to, or demolition of, a listed building Full/partial demolition or significant alteration of a listed building

Unauthorised works which are adversely affecting or likely to Includes for example, New Lanark World adversely affect a designated natural or historical site of Heritage site, Scheduled Monuments, international or national importance (as set out in Appendix 1 of SSSIs, National Nature Reserves, Special Supplementary Guidance 9:Natural and Historic Environment) Protection Areas and Special Areas of Conservation

Unauthorised works to protected trees where the tree is under Felling or lopping of trees covered by TPO threat and likely to be lost or damaged or within a conservation area or trees protected by a planning condition

Unauthorised works likely to cause significant or irreparable Demolition of unlisted buildings damage to the character of a conservation area, including demolition

Any unauthorised development, including a breach of planning conditions, which causes significant and immediate harm to the amenity of a locality (in terms of visual impact, noise, traffic, smell, pollution, loss of privacy or light)

132 Medium priority: Comments Investigation - within 5 working days

Unauthorised ongoing building operations or changes of use which are not significantly impacting on amenity

Harmful breaches of planning control that are nearing immunity from enforcement action by virtue of the 4 or 10 year immunity rule

Medium priority: Comments Investigation - within 5 working days

Works where significant and rapidly ongoing building works or engineering operations are ongoing

Unauthorised minor development in conservation areas or unauthorised minor works to listed buildings

Non-compliance with approved plans or conditions

Low priority: Comments Investigation - within 10 working days

Unauthorised development that has no significant impact on visual or other amenity

Unauthorised advertisements Unless creating a public safety issue

Unauthorised minor or small scale developments which, if Including the erection of domestic retrospective planning permission was applied for, would outbuildings, boundary fences and walls, comply with development plan policy and would be likely to be decking, satellite dishes. approved

6 Investigating possible situations where planning control has been broken

a An investigation begins with an enforcement officer visiting the site. In some cases, we may need to do more investigation. This can involve serving a Planning Contravention Notice to gather information.

b We will then let you know if we plan to take no further action because:

• there has not been a breach of planning control • we cannot prove that planning control has been broken; • the problem is minor and causes no harm; or

133 • there is not enough evidence to take the matter further. c If we do find that a breach has occurred , there are three main courses of action which we may take.

Negotiate a solution

We will usually try to sort out the situation by negotiating with the person who is responsible for breaking planning control, rather than immediately taking enforcement action against them. In many cases, we can sort the situation out through discussion and negotiation. We will take this approach when we consider that it is the most reasonable way of dealing with a problem.

This will normally mean the person responsible being asked to top the activity and get them to carry out work to put right any harm that it has caused; or so that the development does not require planning permission.

We will give the person responsible a specific amount of time to meet either of these requirements. The length of time will depend on how serious the problem is and any harm it is causing.

Make a retrospective application

In some cases it may be appropriate to ask the person responsible to send us a retrospective planning application. Until we make a decision on the retrospective application, we will not take formal action. We will only encourage or ask for a retrospective application if we consider that the situation has no negative effects or if the operations or work could be made acceptable by placing conditions on the planning permission. The person applying would then have to keep to these conditions. This does not prevent the developer submitting an application where they are advised it is unlikely it will be granted.

An owner or developer should never rely on ‘retrospective permission’ to get permission for unauthorised work. Anyone doing this is taking a considerable risk and may face formal enforcement action if planning permission is refused

If we do receive a retrospective planning application the normal neighbour notification and publicity will be carried out and we will fully consider any comments made before we make a decision. Retrospective planning applications are dealt with like any others and we will take into account the Local Development Plan, responses from consultees and the impact on the area and public safety. The application cannot be refused simply because it is retrospective.

If we grant planning permission or if the unauthorised activity stops and any harmful effects are put right, we will not take any enforcement action. We will let you know this if you previously asked about the problem.

Take formal enforcement action i If the problem continues beyond the timescale that we give to put right any harmful effects or to send a planning application, we will consider what formal enforcement

134 action we should take to deal with the matter. We will normally take formal action if a situation where planning control has been broken is causing harm to an area and where negotiations have failed to deal with the matter. We may also take action if we have received a retrospective application which is unacceptable on its planning merits and cannot be made acceptable by placing conditions on it.

j We will only take formal enforcement action if we consider that the problem is having an unacceptable or harmful effect on an area. Taking action has to be in the public interest. We will not take action simply because someone does not have planning permission or refuses to send us a retrospective planning application.

Only a relatively small number of cases result in us taking formal enforcement action. This usually involves either an ‘enforcement’ or ‘breach of condition’ notice being served on the owner and occupier of the land and other persons with an interest in the development – this can include those with a financial interest in the land such as a lender. (See section 11 of the charter - ‘Enforcement powers’ for more details on all types of notice and powers available to us). Serving a notice can have severe repercussions for a property and can for example impact on the ability of the owner to sell it or seek further lending. Most notices include:

• a description of the problem; • the steps that should be taken to put the situation right; • the timescale for taking these steps; • the consequences of not taking these steps; and • where appropriate, any rights of appeal that the person has and how to make an appeal.

b We enter in an enforcement register details of enforcement notices, breach of condition notices, notices which will need an application to be provided to us, temporary stop notices and stop notices. You can inspect these documents at your local Planning and Building Standards area office. You can see details of notices which have been served since 1st September 2012 online at www.southlanarkshire.gov.uk.

Service standard

If we cannot sort out a situation and action is justified, we will serve a formal notice. This will usually be either an enforcement notice or a breach of condition notice.

The notice will explain what is needed to be done to remedy the breach, the timescales involved and the available options to deal with the issue.

7 Not keeping to legal notices

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a It is only when someone who has been served with a notice does not comply with its requirements that an offence is committed. If this is the case the options abvailable to us include

• carrying out work to put the problem right and charging the person for the costs involved; • getting a court order to stop or prevent someone from breaking planning controls; • referring the case to the Procurator Fiscal for possible prosecution; and • serving a fixed-penalty notice.

b In the first instance, we will do everything possible to make sure that the person responsible for the problem carries out any action or work needed by the notice. This may mean that, if necessary, we give more time to the person to carry out the work and keep to the notice.

c We may consider whether we could carry out the work ourselves (although only a very limited number of cases are likely to involve direct action due to the nature of the problem, the costs involved and the problems of recovering the costs from the person responsible).

d We may also decide to seek prosecution. This involves reporting the case to the Procurator Fiscal. If the Fiscal accepts a case, the matter is referred to the Sheriff Court and a date is set for a trial. If the case is not accepted, we will not continue with enforcement action unless a revised notice is served based on new evidence. We would usually only make a report to the Fiscal as a last resort and if the problem is causing serious harm.

8 Appeals against notices

a Anybody served with an enforcement notice has a right of appeal to Scottish Ministers. Appeals aredealt with, in most cases, by The Directorate for Planning and Environmental Appeals. We will let anyone know about the appeal if they have sent us information on breaking planning controls. b If an appeal is made, the notice will have no effect until the Scottish Ministers make a decision on it. This may take a number of months from when the appeal is made. During this time, the unauthorised activity may continue. If the Scottish Ministers agree with us and decide that the person responsible should keep to the notice, they may give them extra time for this to be done. Or, the Scottish Ministers may cancel the notice.

c There is no right of appeal against a breach of condition notice, a stop notice, a temporary stop notice or a fixed-penalty notice.

Service standard

If someone does not keep to the terms of any enforcement notice, we will make every effort to sort the case out satisfactorily. Options include:

• direct action by the council;

136 • getting a court order; • referring the matter to the Procurator Fiscal for possible prosecution; or • serving a fixed-penalty notice.

9 Enforcement and advertising

a The display of advertisements is covered by the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. Many advertisements are displayed with what is called ‘deemed consent’. This means that they do not need advertisement consent if they meet the conditions set out in the regulations. One of these conditions is that the landowner has given permission for the advertisement to be displayed on their land.

b Displaying an advertisement against the regulations is an offence and, if convicted in court, an offender can be fined. The court can impose further fines for each day the regulations are still broken.

c We have the power to serve an enforcement notice if we think the advert is affecting the amenity of an area or public safety. This gives a time period (normally 28 days) for a person to keep to the notice. However, we can reduce this period to seven days if we believe there is an urgent need for the advertisement to be removed or altered in the interests of public safety, or if the advertisement can be removed without any other work being needed.

d An enforcement notice can also say that a particular piece of land should not be used to display advertisements. This will stay in force even if the original advertisement is removed. Any advertising on this site after this would amount to breaching the notice.

e We also have powers to remove or destroy placards and posters that do not have planning permission or ‘deemed consent’. If we can identify the person who put up the poster, we have to give them at least two days’ notice that we plan to take the poster down. If we cannot easily identify them, we can remove the advert immediately.

f Our officials can enter unoccupied land if we need to remove an advertisement. If we do so we will store the advert and let the person affected know how to collect it. If it is not collected within a reasonable time it will be discarded. However, we have no powers to remove advertisements displayed within a building if there is no public access to it.

10 Trees

a We have powers to make Tree Preservation Orders where the trees make a positive contribution to the amenity of an area. When a TPO is in place it is an offence to cut down, lop, top or willfully damage a protected tree without our consent. The same restrictions apply to trees within a conservation area. Any person who is responsible for unauthorised works to trees is guilty of an offence and may be prosecuted.

137 b Owners of trees that are protected should make an application to us before carrying out any work. When we grant consent it will normally be a requirement to plant a replacement tree(s).

c When granting planning permission for new development we may add a condition to prevent the removal of trees as well as making sure trees that are to be retained are protected during the development. Failure to adhere to this type of condition can result in the serving of a breach of condition notice.

11 Enforcement powers

a Our planning enforcement powers are set out in Part IV of the Town and Country Planning (Scotland) Act 1997, Part IV of the Planning etc. (Scotland) Act 2006 and in Chapter IV of the Planning (Listed Buildings and Conservation Areas ) (Scotland) Act 1997. You can get copies of the acts from the Glasgow agent for The Stationery Office (TSO), John Smith’s Bookshop, Cowcaddens Road, Glasgow G4 0BA, and at www.opsi.gov.uk/legislation/scotland/about.htm.

b Government policy on planning enforcement is set out in Circular 10/2009, ‘Planning Enforcement’. The circular is published on the Scottish Government website and can be viewed at: www.scotland.gov.uk/Topics/Built- Environment/planning/publications/circulars

c We have a range of enforcement powers available and will need to decide, in each case, which power is best suited to dealing with a particular situation. If we need to take formal enforcement action, we will usually serve an enforcement notice, a breach of condition notice or, in urgent or very serious cases, a temporary stop notice or a stop notice, on the person responsible for breaking the condition as well as the landowner.

Types of notice

• Breach of condition notice – this is used to enforce the conditions applied to any planning permission. It applies from the date it is served. We may use this instead of an enforcement notice (see below), and we can serve it on any person carrying out the development or any person who controls the land. There is no right of appeal. Not keeping to a breach of condition notice is an offence and can result in us deciding to prosecute, with a fine of up to £1000. Or, we can serve a fixed-penalty notice for each step that has not been taken, with a fine of up to £300 for each notice.

• Enforcement notice – this must be served on the current owner, occupier and anyone else with an interest in the property. This is generally used to deal with unauthorised development, but can also apply to breaking planning conditions. There are similar notices and powers to deal with listed buildings (see below), and advertisements. An enforcement notice will say: o how long you have to appeal (at least 28 days); o what steps must be taken to sort out the problem; and o when they have to be completed. This amount of time has to be reasonable and will depend on the amount of work that needs to be carried out. o There is a right of appeal and the notice is suspended until a decision is reached by The Directorate for Planning and Environmental Appeals. If you do not keep to an enforcement notice within the time shown, it is an offence, and may lead to a fine of up to £20,000 in the Sheriff Court. Or, we can serve a fixed-penalty notice for each step that has not been taken, with a fine of up to £2000 for each notice. If you fail to do what the notice asks we may also

138 take ‘Direct Action’ to correct the problem (see other powers below), even if the fixed penalty has been paid.

• Listed building enforcement notice – this must be served on the current owner, occupier and anyone else with an interest in the property. The procedures are similar to those outlined above. The notice must describe the steps to be taken to sort the problem out and a final date for doing so. If you do not do what the notices asks by the date shown, it is an offence. There is the right of appeal to Scottish Ministers against the notice. Breaking listed building control is a serious matter. It is a criminal offence to carry out unauthorised work to demolish, significantly alter, or extend a listed building. In certain circumstances, this can lead either to an unlimited fine or imprisonment. • Stop notice – this is used in urgent or serious cases where unauthorised activity must be stopped, usually because of public safety. When we serve a stop notice, we must also issue an enforcement notice at the same time. There is no right of appeal against a stop notice and if you do not keep to the notice, it is an offence. You can though appeal against the enforcement notice. If a stop notice is served without a good reason, or an appeal against the enforcement notice is successful, we may face claims for compensation. As a result, we need to carefully assess when to use stop notices. • Temporary stop notice – we can use this to stop an activity that will damage the environment or local amenity and there is a clear and immediate need to stop it. It can only be used to stop the activity for up 28 days. If the activity is to be stopped for longer, we will have to serve some other form of notice. We do not need to serve an enforcement notice at the same time and there is no right of appeal. If you do not keep to the notice, it is an offence. If we serve a temporary stop notice without a good reason, we may face claims for compensation. As a result, we need to carefully assess when to use a temporary stop notice. Other powers

• Planning contravention notice – this is used to gather information about activities on land where we suspect that planning control has been broken and is normally served at the beginning of the enforcement process. It is served on the owner or occupier, on a person with any other interest in the land or anyone who is carrying out operations on the land. That person will have to provide information about operations being carried out on the land and any conditions or limits applying to any planning permission already granted. If you do not keep to the notice within 21 days of it being served, it is an offence and can lead to a fine in the courts. • Notice under section 272 (of the Town and Country Planning (Scotland) Act 1997) – this provides limited powers to gather information on interests in land and how land is used. If you do not provide the necessary information it is an offence. • Amenity Notice under section 179 (of the Town and Country Planning (Scotland) Act 1997) – this allows planning authorities to serve a notice on the owner, lessee or occupier of land which is negatively affecting the area. and the notice sets out the action that needs to be taken to sort the problem out within a certain period. • Notice under section 33A (of the Town and Country Planning (Scotland) Act – introduced by section 9 of the 2006 Act) – this allows us to serve a notice saying someone needs to make a planning application for a development that has already taken place. We can use this to encourage you to send us an application that we think might be granted with some conditions that would make the development acceptable. • Order and interim order – this is an order made by the courts and is used to stop or prevent a problem with planning control. Court proceedings can be expensive and we normally only apply for orders in serious cases or where enforcement notices have been ignored in the past. However, we can get an order in relation to any situation where control has been broken without having to use other powers first. Breaking an order is treated as a contempt of court and carries heavy penalties.

139 • Direct action – if you fail to keep to the terms of an enforcement notice within the time given, this can result in us carrying out the specified work. We will take action to recover any costs involved from the landowner. • Powers to enter land - we have powers to enter land to: o see if planning control has been broken; o check if you have kept to a formal notice; and o check if a problem has been dealt with satisfactorily. This power applies to any land and may involve our officers entering land next to the site where the problem took place.

Other notices - these notices help us to monitor a new development to make sure it is carried out in line with planning laws and approved plans and conditions.

• Notification of initiation of development – for all development that has been given planning permission, we will need a notification of initiation of development to let us know the date that work will begin. It must be provided after planning permission has been granted and before the development begins. If you start your development without giving us notice, you will be breaking planning control is and we may consider taking enforcement action.

• Notification of completion of development – you need to send us a notice as soon as possible after the development has finished. This lets us check the development to make sure it has been carried out in line with approved plans and conditions.

• Display of notices while development is carried out – if you are is carrying out a development that is large or is of a particular type, you may also have to put up notices while the development is taking place. These notices give information about the development that is being carried out. They also provide contact details where members of the public may find out more information or report suspected cases of where planning control may have been broken. If a notice has to be put up and you do not do so, you will be breaking planning control.

12 Making a suggestion or complaint

a We hope you will be satisfied with the planning enforcement service. However, if you have any suggestions, concerns or difficulties, we want to hear from you. We are committed to improving our service and dealing promptly with any failures.

b We will consider all complaints made about the way an enforcement enquiry was dealt with. Some people may disagree with the outcome of an investigation but that in itself is not grounds for a complaint. There is a separate appeals procedure for you to use if you receive an enforcement notice.

c Guide to our complaints procedure You can make your complaint in person, by phone, by email, using our comments and complaints form on our website at www.southlanarkshire.gov.uk or in writing. We have a two-stage complaints procedure. We will always try to deal with your complaint quickly. But if it is clear that the matter will need a detailed investigation, we will tell you and keep you updated on our progress.

Stage 1: frontline resolution

140 We will always try to deal with your complaint quickly, within five working days if we can.

If you are not satisfied with our response, you can ask us to consider your complaint again.

Stage 2: investigation We will look at your complaint at this stage if you are not satisfied with our first response. We may also look at your complaint immediately at this stage, if it is clear that it is complicated or needs detailed investigation.

We will acknowledge your complaint within three working days. We will give you our decision as soon as possible. This will be after no more than 20 working days unless there is clearly a good reason for needing more time.

The Scottish Public Services Ombudsman (SPSO) If, after receiving our final decision on your complaint, you are still not satisfied with our decision on the way we handled your complaint, you can ask the SPSO to consider it.

We will tell you how to do this when we send you our final decision.

The SPSO offers a range of fact sheets designed to give advice on some common topics of complaint that members of the public ask about. They outline what the SPSO can and cannot do about a specific complaint and provide details of other organisations that might be able to offer help or support to customers. You can find details on the SPSO website at www.spso.org.uk

Service standard

We will acknowledge your complaint within three working days. We aim to provide a full written reply within five working days (20 working days for stage 2) of receiving a complaint. If we cannot issue full replies within the agreed timescale, we will provide an update.

We will monitor all complaints made and use them to review and improve the service we provide.

13 Enforcement contacts

You can let us know about suspected breaches of planning control by submitting an online form. This can be found at

https://www.southlanarkshire.gov.uk/forms/form/100/en/planning_enforcement

You can also call in to our offices between 8.45am to 4.45pm Monday to Thursday, and from 8.45am to 4.15pm on Fridays at:

Planning and Building Standards Headquarters Montrose House, Montrose Crescent, Hamilton, ML3 6LB

141 Planning and Building Standards Email: [email protected] Email: [email protected]

For general enquiries please phone 0303 123 1015. These lines are open between 8am and 6pm, Monday to Friday.

If you are not happy with any part of our service, please let us know so that we can look into it and improve our service if we need to. You can contact us in person, by phoning any of our offices, by sending us a letter or by using our comments, compliments and complaints cards. You can get these from any council offices or library and on our website www.southlanarkshire.gov.uk. The website also contains general information on comments, compliments and complaints under the Customer Services section.

Advertising Standards Authority Mid City Place 71 High Holborn London WC1V 6QT Phone: 020 7492 2222 Textphone: 020 7242 8159 Fax: 020 7242 3696

Website: www.asa.org.uk

If you need this information in another language or format, please contact us to discuss how we can best meet your needs. Phone: 0303 123 1015 Email: [email protected] www.southlanarkshire.gov.uk

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