Council Offices, Almada Street Hamilton, ML3 0AA
Tuesday, 19 February 2019
Dear Councillor
Hamilton Area Committee
The Members listed below are requested to attend a meeting of the above Committee to be held as follows:-
Date: Wednesday, 27 February 2019 Time: 14:00 Venue: Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA (or immediately following the meeting of South Lanarkshire Council, whichever is the later).
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 Mary Donnelly (Chair), Peter Craig (Depute Chair), Jackie Burns, Stephanie Callaghan, Andy Carmichael, Maureen Chalmers, Maureen Devlin, Allan Falconer, Graeme Horne, Martin Grant Hose, Joe Lowe, Kenny McCreary, Mark McGeever, Jim McGuigan, Davie McLachlan, Lynne Nailon, Richard Nelson, Mo Razzaq, John Ross, Bert Thomson, Josh Wilson
BUSINESS
1 Declaration of Interests
2 Minutes of Previous Meeting 1 - 4 Minutes of the meeting of the Hamilton Area Committee held on 5 December 2019 submitted for approval as a correct record. (Copy attached)
Item(s) for Noting
3 Education Scotland Report - St Mark's Primary School, Hamilton 5 - 10 Report dated 12 February 2019 by the Executive Director (Education Resources). (Copy attached)
4 Police Scotland - Presentation Presentation by Superintendent R Hay and Superintendent A Wright, Police Scotland
5 Routes to Work South Presentation by S Barr, Chief Executive, Routes to Work South
Item(s) for Decision
6 Application P/18/0994 - Erection of a New Roof on Existing Detached 11 - 20 Garage at 1 Fairholm Avenue, Ferniegair Report dated 5 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)
7 Application P/18/1165 - Change of Use of Horticultural Land to Form 21 - 30 Adventure Park for Outdoor Activites at Valley View at Gouldings, Lanark Road, Rosebank, Carluke Report dated 8 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)
8 Community Grant Applications 31 - 34 Report dated 11 February 2019 by the Executive Director (Community and Enterprise Resources). (Copy attached)
Urgent Business
9 Urgent Business Any other items of business which the Chair decides are urgent.
For further information, please contact:- Clerk Name: Gordon Bow Clerk Telephone: 01698 454719 Clerk Email: [email protected]
HAMILTON AREA COMMITTEE 2
Minutes of meeting held in Commitee Room 1, Council Offices, Almada Street, Hamilton on 5 December 2018
Chair: Councillor Mary Donnelly
Councillors Present: Councillor Jackie Burns, Councillor Stephanie Callaghan, Councillor Maureen Chalmers, Councillor Peter Craig (Depute), Councillor Allan Falconer, Councillor Martin Grant Hose, Councillor Joe Lowe, Councillor Kenny McCreary, Councillor Davie McLachlan, Councillor Lynne Nailon, Councillor Mo Razzaq, Councillor John Ross, Councillor Bert Thomson, Councillor Josh Wilson
Councillors' Apologies: Councillor Andy Carmichael, Councillor Maureen Devlin, Councillor Graeme Horne, Councillor Mark McGeever, Councillor Jim McGuigan, Councillor Richard Nelson
Attending: Community and Enterprise Resources A Cunningham, Network Team Leader; I Russell, Roads Area Manager Finance and Corporate Resources G Bow, Administration Manager; G Cochran, Administration Assistant
Also Attending: Care and Repair in South Lanarkshire J Burgess, Manager Police Scotland Inspector S McCarren
Order of Business The Committee decided: that the items of business be dealt with in the order minuted below.
1 Declaration of Interests No interests were declared.
2 Minutes of Previous Meeting The minutes of the meeting of the Hamilton Area Committee held on 26 September 2018 were submitted for approval as a correct record.
The Committee decided: that the minutes be approved as a correct record.
3 Community Grant Applications A report dated 19 November 2018 by the Executive Director (Finance and Corporate Resources) was submitted on applications for community grant.
1
The Committee decided: that community grants be awarded as follows:-
(a) Applicant: Dalserf Village Garden Club, Larkhall (HA/38/18) Purpose of Grant: Environmental project Amount Awarded: £300
(b) Applicant: Tei Karate, Hamilton (HA/63/18) Purpose of Grant: Start-up costs Amount Awarded: £250
(c) Applicant: Hillhouse Parish Church Men’s Club, Hamilton (HA/64/18) Purpose of Grant: Outing and entrance fees Amount Awarded: £200
(d) Applicant: Sharp and Gentles Fly Tying and Fishing Club, Hamilton (HA/65/18) Purpose of Grant: Outing and equipment Amount Awarded: £300
(e) Applicant: Blantyre Bowling Club (Ladies’ Section) (HA/66/18) Purpose of Grant: Outing and entrance fees Amount Awarded: £250
(f) Applicant: The Lanarkshire Festival of Male Choirs, Hamilton (HA/67/18) Purpose of Grant: Materials, administration and publicity costs Amount Awarded: £300
(g) Applicant Eddlewood Bowling Club (Ladies’ Section), Hamilton (HA/68/18) Purpose of Grant: Equipment Amount Awarded: £150
(h) Applicant: 78th Lanarkshire (3rd Blantyre) Scout Group (HA/69/18) Purpose of Grant: Entrance fees and materials Amount Awarded: £300
(i) Applicant: Larkhall Youth Group (HA/70/18) Purpose of Grant: Specialist transport and entrance fees Amount Awarded: £300
4 Care and Repair in South Lanarkshire - Presentation J Burgess, Manager, Care and Repair in South Lanarkshire gave a presentation which outlined:-
that the main purpose of Care and Repair was to assist people aged over 65 or people of any age with a disability or life limiting illness, who lived in privately owned or privately rented accommodation, with home adaptations, repairs and advice that, in February 2017, Care and Repair had successfully tendered for a contract with the Council to deliver adaptations and a repairs and maintenance service across South Lanarkshire current funding arrangements
Details were also provided on the following:-
adaptations carried out a free repairs and maintenance service the provision of telecare, key-safes and euro cylinder locks 2
the Safe as Houses joint venture between Care and Repair, South Lanarkshire Council and Police Scotland to deliver free home safety and security measures and advice to eligible clients a free small repairs service the future aspirations of Care and Repair
J Burgess, having responded to members’ questions, was thanked for his informative presentation.
The Committee decided: that the presentation be noted.
Councillor Lowe left the meeting after this item of business
5 Police Scotland – Presentation Inspector McCarren, Police Scotland provided the following details of the South Lanarkshire Policing Plan:-
counter terrorism serious organised crime and drugs serious violent crime and public protection road safety public confidence and local engagement acqusitive crime anti-social behaviour and hate crime
Information was also provided on the following local successes:-
wellbeing pilot being rolled out throughout Police Scotland new operating module introduced on 9 May 2017:- Local Policing Team (LPT) resilience to respond to emergencies Local Problem Solving Team (LPST) - increased visibility and community engagement working with community partners:- proactive patrols to tackle anti-social behaviour in areas such as Hamilton town centre and Burnbank working with partners to support vulnerable adults and children working with the Council to tackle anti-social tenants
Inspector S McCarren, having responded to members’ questions, was thanked for his informative presentation.
The Committee decided: that the presentation be noted.
[Reference: Minutes of 22 November 2017 (Paragraph 5)]
Councillor Burns and Chalmers left the meeting during this item of business
6 Roads Investment Plan – Progress Report A report dated 19 November 2018 by the Executive Director (Community and Enterprise Resources) was submitted on progress with roads investment activity within the Hamilton Area Committee area.
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Details were provided on:-
phasing of the £126 million expenditure on the Roads Investment Programme from 2008/2009 to 2018/2019 progress made in relation to the schemes within the Hamilton Area Committee area which showed that, as at 15 October 2018, 29 schemes had been completed and 13 were in progress or programmed to be completed by the end of March 2019
The current capital expenditure would end in 2019 and the adequacy of future funding would be a significant issue for the Council to consider.
The Roads Area Manager gave a presentation on key aspects of the Roads Investment Plan and responded to members’ questions.
The Chair, on behalf of the Committee, thanked the Roads Area Manager and his employees for their efforts to progress the Roads Investment Plan over the last 10 years.
The Committee decided: that progress with the Roads Investment Plan within the Hamilton Area Committee area be noted.
[Reference: Minutes of 22 November 2017 (Paragraph 6)]
Councillor Craig left the meeting during this item of business
7 Urgent Business There were no items of urgent business.
4 Agenda Item
Report 3 Report to: Hamilton Area Committee Date of Meeting: 27 February 2019 Report by: Executive Director (Education Resources)
Subject: Education Scotland Report – St Mark’s Primary School
1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] advise of the outcome of the inspection of St Mark’s Primary School by Education Scotland inspectors [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the Education Scotland report on St Mark’s Primary School be noted. cs] 3. Background 3.1. St Mark’s Primary School was inspected in October 2018 as part of a national sample of primary education.
3.2. As part of the revised approach to inspection, the Education Scotland inspectors evaluated learning, teaching and assessment and raising attainment and achievement.
3.3. The inspection team analysed questionnaires issued to a sample of parents, pupils and to all staff. Inspectors observed class lessons and interviewed groups of pupils and staff. Members of the inspection team also met parents and members of the local community.
3.4. The report by Education Scotland was published on 18 December 2018.
4. Findings of Education Scotland Inspectors 4.1. Education Scotland made comment under the following headings:-
quality of leadership and management learning provision children’s successes and achievements
4.2 Overall, Education Scotland found that the quality of teaching in St Mark’s Primary was good.
4.3 Education Scotland agreed with the school’s predictions that most children in P1, P4 and P7 would continue to achieve expected literacy and numeracy levels in the current session. Overall, Education Scotland found the school’s work around raising attainment and achievement to be good. 5
4.3. The particular strengths of the school were identified as follows:-
Children, who are polite, friendly and articulate. They are proud of their school, supportive of each other and keen to learn and do well. Relationships between children and staff are positive across the school.
Staff work well as a team, and are keen to engage in the process of change in further improving children’s learning experiences and achievements.
The enthusiasm and work of the recently-appointed headteacher. She is well placed to provide a key role in providing a new sense of direction and coherence to support the school.
4.4. Education Scotland identified the following areas for continued improvement:-
Continue to build consistency in high-quality learning and teaching across the school. This should be supported by a review of the positive behaviour policy, which will enable children to engage fully in learning, and have high aspirations for the future.
Involve all staff in continuing to improve the curriculum. This should include the development of a curriculum overview, skills framework and clear progression pathways for all curriculum areas.
Review approaches to assessment. They should provide more opportunities for children to lead their own learning and evaluate their own progress and next steps in learning.
4.5. These areas for improvement have been incorporated into the school’s improvement plan. Progress on the identified areas for improvement will be shared with parents.
4.6. Education Scotland have intimated that they are confident that the school, with the support of the Local Authority, will be able to take forward the areas for improvement and will make no more visits in connection with this report. The local authority will inform parents about the school’s progress as part of the authority’s arrangements for reporting to parents on the quality of its schools.
4.7. Additional inspection evidence can be accessed by clicking the following web link below.
https://education.gov.scot/inspection-reports/south-lanarkshire/8526028
5. Employee Implications 5.1. None.
6. Financial Implications 6.1. None.
7. Other Implications 7.1. There are no direct risks associated with this report which is provided for information only.
6 7.2. There are no significant sustainability issues in connection with the recommendations contained within this report.
8. Equality Impact Assessment and Consultation Arrangements 8.1. There is no requirement to carry out an assessment in terms of the proposals contained within this report.
8.2. The content of Education Scotland reports are shared with parents and discussed at Parent Council meetings.
Tony McDaid Executive Director ( Education Resources)
12 February 2019
Link(s) to Council Values/Ambitions/Objectives ♦ Improve achievement, raise educational attainment and support lifelong learning ♦ Ensure schools and other places of learning are inspirational
Previous References ♦ None
List of Background Papers ♦ Education Scotland Report of 22 May 2018
Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Stewart Nicolson, Head of Education (Hamilton) Ext: 4475 (Tel: 01698 454475) E-mail: [email protected]
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8
3 18 December 2018
Dear Parent/Carer
In October 2018, a team of inspectors from Education Scotland visited St Mark’s Primary School. During our visit, we talked to parents/carers and children and worked closely with the headteacher and staff.
The inspection team found the following strengths in the school’s work.
Children, who are polite, friendly and articulate. They are proud of their school, supportive of each other and keen to learn and do well. Relationships between children and staff are positive across the school.
Staff work well as a team, and are keen to engage in the process of change in improving further children’s learning experiences and achievements.
The enthusiasm and work of the recently-appointed headteacher. She is well placed to provide a key role in providing a new sense of direction and coherence to support school improvement.
The following areas for improvement were identified and discussed with the headteacher and a representative from South Lanarkshire Council.
Staff should continue to build consistency in high-quality learning and teaching across the school. This should be supported by a review of the positive behaviour policy, which will enable children to engage fully in learning, and have high aspirations for the future.
The school should involve all staff in continuing to improve the curriculum. This should include the development of a curriculum overview, skills framework and clear progression pathways for all curriculum areas.
Staff should continue to review approaches to assessment. They should provide more opportunities for children to lead their own learning and evaluate their own progress and next steps in learning.
1 | St Mark’s Primary School, South Lanarkshire Council, 8526028 © Crown Copyright 9
We gathered evidence to enable us to evaluate the school’s work using quality indicators from How good is our school? (4th edition). Quality indicators help schools, local authorities and inspectors to judge what is working well and what needs to be improved. Following the inspection of each school, the Scottish Government gathers details of our evaluations to keep track of how well Scottish schools are doing.
Here are Education Scotland’s evaluations for St Mark’s Primary School
Quality indicators Evaluation
Learning, teaching and assessment good
Raising attainment and achievement good
Descriptions of the evaluations are available from: How good is our school? (4th edition), Appendix 3: The six-point scale
A more detailed document called Summarised Inspection Findings (SIF) will be available on the Education Scotland website at: https://education.gov.scot/inspection-reports/south-lanarkshire/8526028
What happens next?
We are confident that the school has the capacity to continue to improve and so we will make no more visits in connection with this inspection. South Lanarkshire Council will inform parents/carers about the school’s progress as part of its arrangements for reporting on the quality of its schools.
Dennise Sommerville HM Inspector
2 | St Mark’s Primary School, South Lanarkshire Council, 8526028 © Crown Copyright 10 Agenda Item
Report 6
Report to: Hamilton Area Committee Date of Meeting: 27th February 2019 Report by: Executive Director (Community and Enterprise Resources)
Application no. P/18/0994 Planning proposal: Erection of a new roof on existing detached garage.
1 Summary application information [purpose] Application type:• Householder • Applicant: Mrs Isabella Sheikh Location: • 1 Fairholm Avenue Ferniegair Hamilton ML3 7UA [1purpose] 2 Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) Refuse Detailed Planning Permission - for the reasons stated. [1recs] 2.2 Other actions/notes
(1) The Hamilton Area Committee has delegated powers to determine this application.
3 Other information ♦ Applicant’s Agent: ♦ Council Area/Ward: 17 Hamilton North and East ♦ Policy Reference(s): South Lanarkshire Local Development Plan (adopted 2015) Policy 4 - Development Management and Placemaking Policy 6 - General Urban Area/Settlements
Supplementary Guidance 3: Development Management, Placemaking and Design Policy DM2 - House Extensions and Alterations
Proposed South Lanarkshire Development Plan
11 2 Policy 3 - General Urban Areas Policy 5 - Development Management and Placemaking Policy DM2 - House Extensions and Alterations
♦ Representation(s):
► 1 Objection Letter ► 0 Support Letters ► 0 Comment Letters
♦ Consultation(s): None
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Planning Application Report
1 Application Site
1.1 The application site, extending to approximately 740 square metres, consists of a semi-detached, one and a half storey dwellinghouse and associated garden ground, located at 1 Fairholm Avenue, Ferniegair. The site is bounded by residential properties on all sides, with a number of single storey properties located to the north and west.
1.2 A large garage with a footprint of 10 metres by 6 metres occupies the rear of the garden ground at its northwest boundary, The garage is located approximately thirty metres from the applicant’s dwellinghouse. The submitted plans indicate that the garage is set 1.8 metres from the rear garden boundary. The roof of this garage is however incomplete with the roof tiles removed and the roofing felt, timber batons etc. exposed.
1.3 A smaller, single car, domestic garage also exists within the site midway between the applicant’s dwelling and the larger, incomplete garage subject of this application.
2 Proposal(s)
2.1 The applicant seeks retrospective planning consent to amend the design of the incomplete garage which originally received consent in April 2008 (ref: HM/08/0108). The garage has been constructed with an unauthorised roof pitch that has increased the overall height of the garage by 1.4 metres to 6.1 metres at the ridge of the roof. The applicants have previously advised that this occurred as a result of a genuine error by their builder. It should also be noted that when application HM/08/0108 was initially lodged the garage roof height was 6.1 metres but this was reduced to 4.7 metres during the processing of the application in order to comply with relevant planning policy.
2.2 An application to retain the garage roof at the new increased height (6.1 metres) was submitted in May 2009 (ref: HM/09/0231). This application was refused consent by the Hamilton Area Committee in June 2009, principally due to having an adverse impact on surrounding residential amenity. The applicant lodged an appeal against this refusal of consent to the Scottish Government. The appointed reporter however dismissed the appeal and upheld the Council’s decision to refuse the application.
2.3 Following the dismissed appeal an Enforcement Notice was served requiring the roof of the garage to be rebuilt in accordance with the approved planning consent (HM/08/0108). An appeal against this Enforcement Notice was also subsequently lodged. This appeal was also dismissed. In the intervening years the applicant removed the concrete roof tiles from the garage but further work to accord with the Enforcement Notice ceased due to the applicant’s personal circumstances. As a result the basic structure of the unauthorised roof remains in place.
2.4 The main considerations in determining this application are the scale, siting and detailed design of the altered roof structure, its compliance with local plan policy,
13 and the potential impact on the visual and residential amenity of the surrounding area. The planning history of the garage is also material to the assessment and determination of the application.
3 Background
3.1 Local Plan Status
3.1.1 Within the adopted 2015 South Lanarkshire Local Development Plan, the application site lies within the settlement boundary of Ferniegair. Policies 4 - Development Management and Place Making and Policy 6 - General Urban Area/Settlements therefore apply. The application also requires to be assessed against the guidance contained within the associated supplementary guidance documents, namely the Development Management, Place Making and Design SG. Collectively these policies seek to promote the principles of sustainability in development and seek them to make a positive contribution to the character and appearance of the environment in which they are located, taking account of and being integrated with the local context and built form. Proposals which integrate successfully with their surroundings and which are well related to existing development, public transport, local services and facilities are also encouraged. Policy DM 2 provides specific guidance on house alterations and extensions, including garages and car ports.
3.1.2 On 29th 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 relevant policies in the proposed plan are specifically Policies 3 – General Urban Area / Settlements, 5 – Development Management and Placemaking and DM2 – House Extensions and Alterations. In broad terms the aims and objectives of these policies are similar to those within the adopted Local Development Plan.
3.2 Relevant Government Advice/Policy 3.2.1 Given the scale and nature of the proposal there is no government advice or policy directly relevant. That said the previous appeal decisions must receive due consideration.
3.3 Planning Background 3.3.1 The original garage was first approved on 16th April 2008 (ref: HM/08/0108). As stated above, the garage has been constructed contrary to this consent such that its roof pitch has increased its overall height by 1.4 metres. A further application to retain the ‘as built’ garage at the increased height was submitted in May 2009 (ref: HM09/0231). This application was refused consent at Committee on the 24th June 2009, principally due to having an adverse impact on surrounding residential amenity and being unsympathetic with the character and appearance of the application site and surrounding area. The applicant appealed this decision, however the appointed reporter concluded that the development as built did not take account of the local context or built form and dismissed the appeal. As stated in section 2.1 above, the basic garage structure remains on the application site, albeit the roof tiles have been removed a number of years ago.
14 4 Consultation(s): None.
5 Representation(s)
5.1 Statutory neighbour notification was undertaken, following which one letter of objection has been received. The issues raised can be summarised as follows:
a) Design and appearance, as the structure is too high and overpowering for a domestic garage. It should also be noted that there is a smaller, separate domestic garage now constructed on site. Response: The objector’s opinions on the design and appearance of the constructed garage are noted. A detailed assessment of the present submission is undertaken in section 6 below. With regard to the smaller, domestic garage on the site, the existence of this additional garage does not however provide adequate reason or justification to refuse the current application.
b) The proposals will result in a loss of light and overshadowing to the objector’s garden. Response: The submitted plans indicate that the objector’s garden ground is located to the west of the applicant’s garage. In terms of loss of daylight and overshadowing there is only likely to be a limited degree of loss of daylight during the hours of early morning, however this is not considered to be to an extent that would justify, on its own, the refusal of the current application.
c) The applicant has already been told to remove the roof from the garage and has chosen to ignore the Council’s request. As such the Council has failed to enforce their own instruction. Response: The objector is correct to state that the amended application to increase the height of the approved roof was refused and that the applicant was to remove the roof ‘as constructed’, and to replace it with a roof structure that was in accordance with the originally approved plans (ref: HM/08/0108). With regard to the failure to enforce this previous decision it must be noted that work to dismantle the roof did commence but for personal reasons this ceased on site. It must also be noted that the requirements of the Enforcement Notice are still valid.
5.2 The letter of objection has been copied and is available for inspection in the usual manner and on the planning portal.
6 Assessment and Conclusions
6.1 The applicant seeks retrospective planning consent to amend a previous consent and retain a detached, 60 square metre domestic garage. Consent was issued for the garage in 2008 but with a lower roof height. The garage was constructed in such a manner that its overall height was increased by 1.4 metres from the approved consent. There are no other changes proposed to the remainder of the garage structure in terms of the overall footprint, the wallhead height or the fenestration detailing.
15 6.2 The determining issues in consideration of this application are its compliance with local plan policy, the acceptability of the increased roof height in terms of scale and design, and potential impacts on the residential and visual amenity of the adjacent dwellings and the wider surrounding area. The planning history of the site is also material to the determination of the application.
6.3 Within the adopted 2015 South Lanarkshire Local Development Plan, the application site lies within the settlement boundary of Ferniegair. Policies 4 - Development Management and Place Making and Policy 6 - General Urban Area/Settlements therefore apply. The application must also be assessed against the guidance contained within the associated supplementary guidance documents, namely that within the Development Management, Place Making and Design SG. Collectively these policies seek to promote the principles of sustainability in development and seek to ensure that all forms of development make a positive contribution to the character and appearance of the environment in which they are located, taking account of and being integrated with the local context and built form. Proposals which integrate successfully with their surroundings and which are well related to existing development, public transport, local services and facilities are also encouraged.
6.5 Policy DM 2 of the Development Management, Placemaking and Design Supplementary Guidance provides specific guidance on house alterations and extensions, including garages and car ports. In general terms this guidance aims to ensure that all development respects the context and built environment within which the development is located and resists development that would be out of context, scale and character or which would have an adverse impact on visual amenity, especially within established residential areas. In general terms house extensions and alterations, including garages should be subordinated in terms of scale and mass to the original and surrounding dwellings.
6.6 The existing garage with incomplete roof is approximately 6.1 metres high at its roof apex. As a result the garage does dominate the existing house and surrounding area to a degree and extent that is physically imposing and detrimental to the amenity of the area in general and the surrounding houses in particular – this viewpoint has already been determined by a previous Area Committee and supported by appeal decisions. The garage ‘as built’ is significantly higher than other garages in the locality and it therefore fails to relate to or reflect the prevailing character of the area. Consequently it is considered that in terms of scale and design, the sheer physical presence of the proposed roof pitch and its resultant height has a detrimental impact on the amenity of the adjacent houses in particular and the local area in general. Accordingly, it is once again considered that the proposal does not comply with Policies 4 and 6 of the adopted South Lanarkshire Local Development Plan. On this basis the proposal are also considered to be contrary to the relevant policies and guidance contained in the Development Management, Place Making and Design SG, namely Policy DM 2.
6.7 On 29th May 2018 the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2). 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
16 broadly consistent with the current adopted South Lanarkshire Local Development Plan 1. It therefore follows that the application does not accord with Policies 3, 5 and DM2 of the proposed plan.
6.8 The planning history of the garage is also material to the assessment of this application. An identical proposal has already been refused by the Hamilton Area Committee in 2009. This decision was challenged at appeal with the Committee’s decision being upheld by an independent Reporter from the Inquiry Reporters Unit. A further appeal in terms of the Enforcement Notice that was served was also lodged, this appeal also being dismissed by another independent Reporter. Clearly the acceptability of a 6.1 metre high garage at 1 Fairholm Avenue has been tested on a number of previous occasions and there has been no material changes in planning circumstances that would now justify a reversal of these previous decisions.
6.9 In view of all of the above, and noting that the proposed amendment to the garage roof height does not accord with the policies and guidance of the adopted South Lanarkshire Local Development Plan and its associated supplementary guidance, I recommend that the application be refused and enforcement action taken again, if necessary, to remedy the breach of planning consent.
7 Reasons for Decision
7.1 The proposed garage has a significant adverse impact on surrounding residential amenity and is unsympathetic with the character and appearance of both the application site and the wider surrounding area. As such the development fails to comply with Policies 4 and 6 of the adopted South Lanarkshire Local Development Plan, Policy DM2 of the associated Development Management, Placemaking and Design supplementary guidance and Policies 3, 5 and DM2 of the proposed South Lanarkshire Local Development Plan 2. There are no other material planning considerations of sufficient weight or merit to override the Local Development Plan provisions.
Michael McGlynn Executive Director (Community and Enterprise Resources)
Date: 5 February 2019
Previous references HM/08/0108, HM/09/0231
List of background papers ► Application form ► Application plans ► South Lanarkshire Local Development Plan 2015 (adopted) ► Proposed South Lanarkshire Development Plan 2 ► Development Management, Placemaking and Design supplementary guidance ► Neighbour notification letter dated 20 August 2018 ► Planning Appeal PPA-380-2002
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► Representations Dated:
Mr James Bell, 19 Clyde Avenue, Ferniegair, Hamilton, ML3 02.09.2018 7TY
Contact for further information If you would like to inspect the background papers or want further information, please contact:-
Stuart Ramsay, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 453601
Email: [email protected]
18 Detailed planning application
Paper apart – Application number: P/18/0994
Reasons for refusal
01. The proposal is contrary to Policy 6 - General Urban Area/Settlements - of the adopted South Lanarkshire Local Development Plan and Policy 3 General Urban Areas and Settlements of the proposed South Lanarkshire Local Development Plan 2, in that it has a significant adverse impact upon the residential amenity of the surrounding area, due to the excessive visual dominance of the scale and pitch of the garage roof, and its resultant prominence within the area. 02. The proposal is contrary to Policy 4 - Development Management and Placemaking - of the adopted South Lanarkshire Local Development Plan and Policy DM2 House Extensions and Alterations of the Development Management, Placemaking and Design supplementary guidance, and Policy 5 - Development Management and Placemaking and Policy DM2 - House Extensions and Alterations of the proposed South Lanarkshire Local Development Plan 2, with particular regard to the following criteria; (a) the steep pitch and resultant scale of the garage roof creates a form of development which does not reflect the characteristic proportions, massing and design of existing domestic garages within the local area, and thereby does not respect the character of the existing dwelling and that of the wider, surrounding area. (b) the excessive roof pitch and resultant roof of the garage creates a form of development that dominates and overwhelms neighbouring properties and the surrounding streetscape in terms of size, scale and height. 03. In the interests of amenity in that the proposal, by virtue of its size, scale and design, would be out of character with surrounding residential properties in the locality, contrary to Policies 4 and 6 of the adopted South Lanarkshire Local Development Plan, DM2 of the associated Development Management, Placemaking and Design supplementary guidance and Policies 3, 5 and DM2 of the proposed South Lanarkshire Local Development Plan 2. 04. If approved, the proposal would set an undesirable precedent which could encourage further similar applications for proposals which would be to the detriment of the appearance and amenity of the area in general.
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20 Agenda Item
Report 7
Report to: Hamilton Area Committee Date of Meeting: 27th February 2019 Report by: Executive Director (Community and Enterprise Resources)
Application no. P/18/1165 Planning proposal: Change of use of horticultural land to form adventure park for outdoor activities
1 Summary application information [purpose] Application type:• Detailed planning application • Applicant: J L Goulding and Sons Location: Valley View at Gouldings Lanark Road Rosebank Carluke South Lanarkshire ML8 5QB [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 Hamilton Area Committee has delegated powers to determine this application.
3 Other information ♦ Applicant’s Agent: John Russell ♦ Council Area/Ward: 20 Larkhall ♦ Policy Reference(s): South Lanarkshire Local Development Plan (Adopted 2015) Policy 3 - Green belt and rural area Policy 4 – Development management and placemaking Green Belt and Rural Area Supplementary Guidance Policy GBRA1 – Economy/ business related developments
Proposed South Lanarkshire Local Development
21 Plan 2 (Volumes 1 and 2) Policy 4 - Green Belt and Rural Area Policy 5 - Development Management and Place Making Policy GBRA2 - Business Proposals within Green Belt and Rural Area
♦ Representation(s):
► 7 Objection Letters ► 0 Support Letters ► 0 Comment Letters
♦ Consultation(s):
Environmental Services
Roads Development Management Team
Roads Flood Risk Management
Countryside and Greenspace
SEPA Flooding
WOSAS
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Planning Application Report
1 Application Site
1.1 Approximately 190 metres east of the village of Rosebank, immediately to the east of the Valley View Garden Centre, the application site extends to 1.86 hectares or thereby of undeveloped agricultural grassland. The site is relatively level, L- shaped and at its easternmost boundary adjoins the River Clyde.
1.2 The site does not have direct access/agrees to/from Lanark Road, vehicular and pedestrian access only being possible from the applicant’s established garden centre. Lanark Road at this location forms part of the Clyde Valley Tourist Route.
1.3 The site has a history of flooding from the River Clyde at times of exceptional rainfall.
2 Proposal(s)
2.1 It is now proposed to increase the range of visitor attractions at the Valley View Garden Centre by providing an extensive range of outdoor activities including: a pedal track; tractor train; bounce pillows; toboggan run; straw fortress; trampolines a pedal go cart track; picnic area; foot golf and zip wire. In addition appropriate footpaths will be provided.
2.2 The outdoor adventure park is intend to complement the range of services/goods already available at the garden centre, including an existing indoor soft play area. In this regard the new adventure park will rely on the existing parking provision associated with the garden centre (125 spaces plus an overspill area for 50 cars).
2.3 No significant ground works/earth engineering operations are proposed as essentially all the equipment will be placed on the ground with only limited foundations required.
3 Background
3.1 Local Plan Status
3.1.1 The determining issues in the consideration of this application are its compliance with the South Lanarkshire Local Development Plan and in particular Policy 3 – Green Belt and Rural Area and Policy 4 – Development Management and Placemaking. In addition Policy GBRA 1 – Economic business related development of the Green Belt and Rural Area Supplementary Guidance is also relevant to the assessment of this application.
3.1.2 On the 29 May 2018 the Planning Committee approved the proposed South Lanarkshire Local Development Plan 2 (Volumes 1 and 2) and Supporting Planning Guidance on Renewable Energy. The new Plan builds on the policies and proposals contained in the currently adopted South Lanarkshire Local Development Plan. For the purposes of determining planning applications the Proposed South Lanarkshire Local Development Plan 2 is now a material consideration. In this instance Policy 4 – Green Belt and Rural Area, Policy 5 –
23 Development Management and Placemaking and Policy GBRA2 – Business Proposals within Green Belt and Rural Area are relevant to the assessment of this application.
3.1.3 These above policies in relation to this proposal are assessed in detail in Section 6 of this report.
3.2 Relevant Government Advice/Policy 3.2.1 None directly applicable given the scale and nature of the proposal.
3.3 Planning Background 3.3.1 None
4 Consultation(s)
4.1 Roads Development Management Team – Have no objection to the proposal subject to the imposition of condition relating to the submission of a traffic management plan Response: This matter can be addressed by use of a condition should consent be issued.
4.2 Roads Flood Risk Management – Have no objection to the proposal subject to the imposition of a condition relating to the completion of a Flood Risk drainage assessment Response: The submission of a Flood Risk Assessment has been overtaken by the views of SEPA (see 4.4) who acknowledge that whilst the site may flood in the future the impact of the development on a flooding event would be neutral.
4.3 Countryside and Greenspace – Have no objection to the proposal. Response: Noted.
4.4 SEPA Flooding – Originally objected to the application on flood risk grounds and requested the provision of further information or modification. Since receipt of these comments the applicant has submitted revised drawings (poly tunnel removed) and SEPA have now confirmed that the development would now have a neutral effect on flooding and have removed their objection. They have however commented that the applicant should be advised of their flood risk maps as well as regulatory requirements. Response: Again matters relating to flood maps and regulatory requirements can be addressed by use of a suitably worded informative.
4.5 WOSAS – Advise that the site is within an archaeological sensitive area and that the proposed works have potential to effect an area with sub surface archaeological material. Response: This matter can be addressed by use of a condition should consent be issued.
4.6 Environmental Services – Have no objection to the proposal subject to the submission of a noise management policy to be approved in writing by the Council as Planning Authority and that any subsequent measures required to minimise noise should be implemented prior to the development being brought in to use.
24 Also highlight other aspects of their regulatory provisions .e.g. Health and Safety aspects. Response: Once again these matters can be addressed by a number of suitably worded conditions and informatives.
5 Representation(s)
5.1 Statutory neighbour notification was undertaken. The proposal was also advertised in the local newspaper. Following this publicity, 7 letters of representation were received. The issues raised can be summarised as follows:
a) The existing car park is overflowing on most days so where will the customers park their cars without congesting an already busy road along the Clyde Valley Response: The roads service were consulted in respect of this proposal and raised no concerns regarding parking provision. (175 spaces including overspill area). In addition it must be acknowledged that the outdoor facility will be very weather dependant and that at times of good weather it is likely that the indoor play area will be less busy.
b) This area is at a high risk of flooding and does so every year which I would not be suitable for the development. Response: Both SEPA and Roads Flood Risk Management were consulted in respect of this proposal and after a revision to the proposal, raise no concerns in respect of any flooding issues. Essentially the nature of the proposed works are such that if the site does flood in the future there will be a neutral effect on the locality due to the fact that the play facilities will not displace any significant amount of flood water; the possibility of this site flooding still exists and the applicant is aware of this and the impact it will have on the adventure park/equipment.
c) Not only will it be located on agricultural land but only 2.5 miles along the road in Crossford there has been a family park opened offering similar facilities which seems to be getting great reviews so why would the locals and surrounding area need a replica park. Response: The fact that another facility of a similar nature has been opened nearby is not a material planning consideration in the determination of this application as it is well established that the planning system does not exist to protect the interests of one business against the activities of another. In terms of the proposals impact on agricultural land this will be marginal (less than 2 hectares) and ultimately the adventure play park is a form of reversible development that can be returned to agricultural grassland if circumstances change.
d) The existing garden centre offers great facilities in its present form which are well used by local’s and passers-by. Let’s just leave it at that. Maintain this positive word of mouth rather than changing to an “amusement park”. Response: The applicant has advised that the present facility has proved to be a popular attraction for the surrounding population and due to the success of the facility they wish to expand the business to create an adventure park which will provide a range of outdoor activities.
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e) I note in this application the word “horticultural” being used as opposed to agricultural. These are both forms of agriculture. Vegetables/ livestock are both farming. This has been cleverly worded to avoid answering any questions relating to agriculture during the application process. This needs to be addressed regardless of the outcome. Response: It is accepted that horticulture is a branch of agriculture that deals with the art, science, technology and business of growing plants. In terms of assessing this application the site is located within the designated green belt which functions primarily for agriculture, forestry, recreation and other uses appropriate to the countryside and is assessed on this basis. In terms of Policy 3 of the South Lanarkshire Local Development Plan and the assessment of the application the fact that the site is described as horticultural or agricultural is not overly important.
f) I travel through the Clyde Valley frequently and can already see the rural roads struggling to cope with the huge traffic flow, especially at weekends and in the summer months, it worries me how this area would cope with another large development. Response: Roads Development Management have been consulted in respect of this proposal and have raised no concerns regarding the impact on the surrounding road network. Again given the volume of traffic on A72 Lanark Road any increase in traffic is likely to be marginal.
g) I note that the ground is mentioned as horticulture but surely this is agricultural Green Belt land, I understand that nearly all horticultural growing has been stopped in the valley for many years. Response: The application site is located within the designated Green Belt.
h) I am really interested in conservation and understood the Scottish Government did not want projects built on either Green Belt or Flood Plains, I believe this area is prone to flooding every year. Response: As highlighted previously the proposal will have a neutral effect on flooding. No buildings or people should be at risk and therefore the proposed development can be accommodated in terms of planning policy.
5.2 The letters of representation have been copied and are available for inspection in the usual manner and on the planning portal.
6 Assessment and Conclusions
6.1 In terms of Policy 3, the Green Belt and rural area functions primarily for agriculture, forestry, recreation and other uses appropriate to the countryside. The proposal relates to the creation of an adventure park associated with an existing garden centre. The garden centre itself is a well-established business located alongside Lanark Road, a major tourist route through the Clyde Valley. It is considered that the proposed recreational outdoor activities will enhance the existing business by providing additional outdoor facilities for visitors to enjoy. Accordingly the proposal should help enhance the current business which
26 supports the rural economy and therefore no issues are raised in respect of Greenbelt policy.
6.2 Policy 4 requires all developments to take account of the local context and built form. In this case the application site is located in an area which contains a number of garden centres located alongside the Clyde Valley Tourist Route which attract both visitors and tourists alike offering a range of goods as well as restaurant and café facilities. The proposal is for an extension to one of these well established businesses which will provide additional outdoor activities for both visitors and tourists to enjoy in an area which is recognised as an important recreational area. Again it is considered that no issues are raised in respect of this policy.
6.3 With regards to Policy GBRA1 the proposed expansion of an existing successful business should help ensure its long term future and will assist in supporting the rural economy. It is therefore considered that no issues are raised in respect of this policy.
6.4 The proposed development has been considered against the relevant policies in the Proposed Local Development Plan 2 and it is noted that these policies are broadly consistent with the current Adopted South Lanarkshire Local Development Plan. It is therefore considered that the proposal accords with Policy 4, Policy 5 and Policy GBRA2 of the Proposed Local Development Plan 2.
7 Reasons for Decision
7.1 The proposal complies with Policies 3 and 4 of the Adopted South Lanarkshire Local Development Plan and Policy GBRA1 of the Green Belt and Rural Area Supplementary Guidance. The proposal also complies with Policy 4, Policy 5 and Policy GBRA2 of the Proposed South Lanarkshire Local Development Plan 2. There are no other material considerations which would justify the refusal of planning permission.
Michael McGlynn Executive Director (Community and Enterprise Resources)
Date: 8 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 ► Consultations
27 Environmental Services 18.10.2018 Roads Development Management Team 03.10.2018 Roads Flood Risk Management 25.09.2018 Countryside And Greenspace 03.09.2018 SEPA Flooding 30.10.2018 WOSAS 05.09.2018
► Representations Dated:
Mr Pat Cesari, 1 Holm Court, Crossford, Carluke, ML8 5GR 27.09.2018
Miss Natalie Johnstone, 81 Elderslea Road, Carluke, ML8 27.09.2018 4LH
Mrs Tc Steele, 64 Samson Crescent, Carluke, ML8 4RP 28.09.2018
Miss Kirsty Mulligan, Oakbank, 89 Station Road, Carluke, 27.09.2018 ML8 5PS
Mrs Annette Zummack, 45 Old Harbour Square, STIRLING, 29.09.2018 FK8 1RB
Ms Suzanne Bogle, 14 Shand Lane, Carluke, South 01.10.2018 Lanarkshire, ML8 5RN
Mrs Shona Stewart, 20 Carnwath Road, Kilncadzow, Carluke, 27.09.2018 ML8 4QW
Contact for further information If you would like to inspect the background papers or want further information, please contact:-
Mary McGonigle, Planning Officer, Montrose House, 154 Montrose Crescent, Hamilton, ML3 6LB
Phone: 01698 455103
Email: [email protected]
28 Detailed planning application
Paper apart – Application number: P/18/1165
Conditions and reasons
01. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Council as Planning Authority in agreement with the West of Scotland Archaeology Service.
Reason: In order to safeguard any archaeological items of interest or finds. . 02. That the applicant shall prepare and submit a noise management policy examining the design and use of the proposed outdoor facilities for the prior written approval of the Council as Planning Authority in consultation with Environmental Services. The policy shall identify any measures required to minimise the impact of any noise on the adjoining properties and shall include issues such as management of the facilities and hours of operation.
Reason: To safeguard the amenity of the surrounding properties.
03. In relation to Condition 2 above, any mitigation measures identified by the noise management policy shall be implemented prior to the development being brought into use and shall thereafter be maintained in accordance with the approved scheme to the satisfaction of the Council as Planning Authority.
Reason: To safeguard the amenity of the surrounding properties
04. That a traffic management plan shall be submitted within two months of this consent being issued for the written approval of the Council as Planning and Roads Authority. The plan shall include details of how the parking is to operate for normal weekends and also how it is to be managed during peak periods and organised events. The plan shall also provide contingency details in the event that parking reaches saturation point.
Reason: To ensure adequate parking provision is in place.
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30 Agenda Item
Report 8 Report to: Hamilton Area Committee Date of Meeting: 27 February 2019 Report by: Executive Director (Finance and Corporate Resources)
Subject: Community Grant Applications
1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] request approval for the allocation of community grants to 12 groups in the Hamilton area from the 2018/2019 community grant budget request authorisation for the Executive Director (Finance and Corporate Resources), in consultation with the Chair, to approve any further community grant applications meeting the relevant criteria in the period to 31 March 2019 from the 2018/2019 budget [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that community grants be awarded as follows:-
(a) Applicant: Bothwell Community Scarecrow Festival (HA/43/18) Amount Requested: £500 Purpose of Grant: Equipment Amount Awarded: £500
(b) Applicant: The Monday Club (Hamilton Old Parish Church), Hamilton (HA/72/18) Amount Requested: £250 Purpose of Grant: Outing and entrance fees Amount Awarded: £250
(c) Applicant: Burnbank Hamilton Bowling Club (Ladies Section) (HA/73/18) Amount Requested: £200 Purpose of Grant: Outing Amount Awarded: £200
(d) Applicant: Uddingston District Churches United Men’s Fellowship (HA/74/18) Amount Requested: £250 Purpose of Grant: Outing and entrance fees Amount Awarded: £250
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(e) Applicant: Lanarkshire Ethnic Minority Action Group, Blantyre (HA/75/18) Amount Requested: £200 Purpose of Grant: Outing Amount Awarded: £200
(f) Applicant: 30th Lanarkshire (St John’s Church) Scout Group, Hamilton (HA/77/18) Amount Requested: £900 Purpose of Grant: Outing and equipment Amount Awarded: £350
(g) Applicant Quarter In Bloom (HA/78/18) Amount Requested: £500 Purpose of Grant: Environmental project Amount Awarded: £500
(h) Applicant: St Machan’s Church Guild, Larkhall (HA/79/18) Amount Requested: £250 Purpose of Grant: Outing and entrance fees Amount Awarded: £250
(i) Applicant: Handmades, Hamilton (HA/80/18) Amount Requested: £250 Purpose of Grant: Outing and entrance fees Amount Awarded: £250
(j) Applicant: ASN Parents Together, Hamilton (HA/81/18) Amount Requested: £250 Purpose of Grant: Start-up costs Amount Awarded: £250
(k) Applicant: The Art Room, Hamilton (HA/82/18) Amount Requested: £300 Purpose of Grant: Outing and materials Amount Awarded: £300
(l) Applicant: Blantyre Old Parish Senior Leisure Group (HA/83/18) Amount Requested: £200 Purpose of Grant: Outing Amount Awarded: £200
(2) request authorisation for the Executive Director (Finance and Corporate Resources), in consultation with the Chair, to approve any further community grant applications meeting the relevant criteria in the period to 31 March 2019 from the 201/2019 budget
[1recs] 3. Background 3.1. The Council operates a community grants scheme to support local constituted community groups and voluntary organisations. Applications are invited throughout the financial year.
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3.2 All applications require to be supported by a constitution, audited accounts or annual income and expenditure accounts, a bank statement, and confirmation that the group/organisation will adhere to the conditions of the grant award.
4. Employee Implications 4.1. None.
5. Financial Implications 5.1. The current position of the community grant allocation for the Hamilton Area in 2018/2019 is as follows:-
Total allocation for Community Grants £25,750 Grants previously allocated £16,970 Community Grants recommended in this report £3,500 Remaining balance £5,280
6. Other Implications 6.1. The risk to the Council is that grant funding is not utilised for the purpose for which it was intended. This risk is mitigated by internal controls including audit procedures and a conditions of grant agreement.
6.2. There are no apparent implications in terms of sustainable development.
7. Equality Impact Assessment and Consultation Arrangements 7.1. 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.
7.2. All the necessary consultation with the community groups has taken place.
Paul Manning Executive Director (Finance and Corporate Resources)
11 February 2019
Link(s) to Council Values/Ambitions/Objectives Accountable, effective, efficient use of resources. Work with communities and partners to promote high quality, thriving and sustainable communities.
Previous References None
List of Background Papers Individual application forms
Contact for Further Information
33 If you would like to inspect the background papers or want further information, please contact:- Geraldine Wilkinson, Clerical Assistant Ext: 4818 (Tel: 01698 454818) E-mail: [email protected]
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