PLANNING COMMITTEE Minutes of meeting held in Committee Room 1, Council Offices, Almada Street, Hamilton on 10 September 2019 Chair: Councillor Isobel Dorman Councillors Present: Councillor Alex Allison, Councillor John Bradley, Councillor Walter Brogan, Councillor Archie Buchanan, Councillor Jackie Burns, Councillor Stephanie Callaghan, Councillor Gerry Convery (for Councillor Cowie), Councillor Peter Craig (for Councillor Ross), Councillor Maureen Devlin, Councillor Mary Donnelly, Councillor Fiona Dryburgh, Councillor Mark Horsham, Councillor Martin Lennon, Councillor Richard Lockhart, Councillor Kenny McCreary, Councillor Colin McGavigan (for Councillor Le Blond), Councillor Lynne Nailon, Councillor Carol Nugent, Councillor Graham Scott, Councillor David Shearer, Councillor Collette Stevenson, Councillor Bert Thomson, Councillor Jim Wardhaugh Councillors' Apologies: Councillor Margaret Cowie, Councillor Ann Le Blond, Councillor Davie McLachlan, Councillor John Ross (ex officio) Attending: Community and Enterprise Resources B Darroch, Area Manager, Planning and Building Standards Services (Hamilton); P Elliott, Head of Planning and Economic Development; T Finn, Headquarters and Area Manager (Clydesdale), Planning and Building Standards Services; F Jack, Team Leader, Development Management Team, Roads and Transportation Services; T Meikle, Area Manager, Planning and Building Standards Services (Cambuslang/Rutherglen and East Kilbride) Finance and Corporate Resources P MacRae, Administration Officer; G McCann, Head of Administration and Legal Services, K McLeod, Administration Assistant; K Moore, Legal Services Adviser; A Thompson, Media Officer 1 Declaration of Interests The following interests were declared:- Councillor(s) Item(s) Nature of Interest(s) Horsham Application P/18/1298 – Erection of Close family member Detached Kennel, Cattery and Office made representations on Building with Access, Parking, Entrance the application Wall and Associated Works (Retrospective) at Brae Farm, A726 from Chapelton to Strathaven, Chapelton, Strathaven Application P/18/1308 – Erection of a Timber Tool Shed and Child’s Play House Within Curtilage of House (Retrospective) at Brae Farm, A726 from Chapelton to Strathaven, Chapelton, Strathaven 2 Minutes of Previous Meeting The minutes of the meeting of the Planning Committee held on 13 August 2019 were submitted for approval as a correct record. The Committee decided: that the minutes be approved as a correct record. 3 Application P/18/1298 for Erection of Detached Kennel, Cattery and Office Building with Access, Parking, Entrance Wall and Associated Works (Retrospective) at Brae Farm, A726 from Chapelton to Strathaven, Chapelton, Strathaven Prior to consideration of planning application P/18/1298, members requested clarification in relation to guidance issued by the Standards Commission for Scotland on the process for local members who wished to address the Committee. In terms of Standing Order No 13, the Chair adjourned the meeting at 10.15am for a 5 minute period to allow the Head of Administration and Legal Services to attend and respond to members’ questions. The meeting reconvened at 10.20am. The Head of Administration and Legal Services responded to members’ questions on the matter and advised of:- the provisions of the Councillors’ Code of Conduct and associated Guidance in respect of representations by members to Committee the statutory position of the Code and associated Guidance Having heard the Head of Administration and Legal Services, the Committee then proceeded to consider planning application P/18/1298. A report dated 30 August 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1298 by A Simpson and S Bennett for the erection of a detached kennel, cattery and office building with access, parking, entrance wall and associated works (retrospective) at Brae Farm, A726 from Chapelton to Strathaven, Chapelton, Strathaven. The Committee heard Councillor Campbell, a local member, on his objection to the proposal. There followed a full discussion during which officers responded to members’ questions on various aspects of the application. The Committee decided: that planning application P/18/1298 by A Simpson and S Bennett for the erection of a detached kennel, cattery and office building with access, parking, entrance wall and associated works (retrospective) at Brae Farm, A726 from Chapelton to Strathaven, Chapelton, Strathaven be refused for the reasons detailed in paragraphs 5(a) to 5(h) of the Executive Director’s report. Councillor Horsham, having declared an interest in this and the following application, withdrew from the meeting during their consideration Councillor Campbell, having made representations to the Committee on this application as a local member, then withdrew from the meeting during its consideration Councillors Burns and Scott left the meeting following consideration of this item of business 4 Application P/18/1308 for Erection of a Timber Tool Shed and Child’s Play House Within Curtilage of House (Retrospective) at Brae Farm, A726 from Strathaven to Chapelton, Chapelton, Strathaven A report dated 22 August 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1308 by A Simpson and S Bennett for the erection of a timber tool shed and child’s play house within the curtilage of a house (retrospective) at Brae Farm, A726 from Strathaven to Chapelton, Chapelton, Strathaven. The Committee decided: that planning application P/18/1308 by A Simpson and S Bennett for the erection of a timber tool shed and child’s play house within curtilage of a house (retrospective) at Brae Farm, A726 from Strathaven to Chapelton, Chapelton, Strathaven be granted subject to the conditions specified in the Executive Director’s report. 5 Application P/18/1515 for Approval of Matters Specified in Conditions 1, 2, 5, 6, 7, 8, 10, 12 and 13 of Planning Permission in Principle HM/16/0174 in Relation to Site Layout, House Design, Road Layout and Pedestrian Links, Drainage and Phasing etc at Site of Former Stonehouse Hospital, Strathaven Road, Stonehouse A report dated 30 August 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1515 by Persimmon Homes for approval of matters specified in Conditions 1, 2, 5, 6, 7, 8, 10, 12 and 13 of planning permission in principle HM/16/0174 in relation to site layout, house design, road layout and pedestrian links, drainage and phasing etc at the site of the former Stonehouse Hospital, Strathaven Road, Stonehouse. The Committee heard Councillor Campbell, a local member, on concerns relating to:- tree planting provision of a roundabout The Committee decided: that planning application P/18/1515 by Persimmon Homes for approval of matters specified in Conditions 1, 2, 5, 6, 7, 8, 10, 12 and 13 of planning permission in principle HM/16/0174 in relation to site layout, house design, road layout and pedestrian links, drainage and phasing etc at the site of the former Stonehouse Hospital, Strathaven Road, Stonehouse be granted subject to the conditions specified in the Executive Director’s report. Councillor Campbell, having made representations to the Committee on this application as a local member, then withdrew from the meeting during its consideration Councillor Buchanan left the meeting following consideration of this item of business 6 Application P/18/1409 - Section 42 Application to Vary Conditions 75, 79 and 83 of Planning Consent EK/06/0311 for Erection of 11 Wind Turbines and Associated Infrastructure Including Sub-Station, Access Tracks, Construction Compound and Borrow Pit at Bankend Rig Wind Farm, Waterhead Peelhill and Linbank Highway, Strathaven A report dated 22 August 2019 by the Executive Director (Community and Enterprise Resources) was submitted on planning application P/18/1409 by Wilson Renewables LLP for an application under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) to vary Conditions 75, 79 and 83 of planning consent EK/06/0311 for the erection of 11 wind turbines and associated infrastructure including sub-station, access tracks, construction compound and borrow pit at Bankend Rig Wind Farm, Waterhead Peelhill and Linbank Highway, Strathaven. 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 Planning Obligation and/or other agreement and the approved procedure would apply. The Committee decided: (1) that planning application P/18/1409 for an application by Wilson Renewables LLP under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) to vary Conditions 75, 79 and 83 of planning consent EK/06/0311 for the erection of 11 wind turbines and associated infrastructure including sub-station, access tracks, construction compound and borrow pit at Bankend Rig Wind Farm, Waterhead Peelhill and Linbank Highway, Strathaven be granted subject to:- the conditions specified in the Executive Director’s report prior conclusion of a Planning Obligation and/or other agreement between the Council and the applicant to ensure:- provision of Community Benefit funds to the satisfaction of the Council preparation and implementation of a television reception remedial procedure preparation and implementation of a Habitat Management Plan to the satisfaction