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Cala Management Limited: Variation of Condition 2 Relative to Planning Permission in Principle Reference 18/01444/Pp (Pp-130-2071) - Amendment to Wording of Condition 2 in Relation to Finished Floor Levels: Land North of Cardross Primary School, Barrs Road, Cardross (Ref: 23/00145/Pp)

Argyll and Bute Council · 24 May 2023
Back to Planning, Protective Services and Licensing Committee — 24 May 2023 and its agenda

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 23/00145/PP
Planning Hierarchy: Local application
Applicant: CALA Management Limited
Proposal: Variation of Condition 2 relative to planning permission in principle
reference 18/01444/PP (PP-130-2071) - amendment to wording of
Condition 2 in relation to finished floor levels.
Site Address:  Land North of Cardross Primary School, Barrs Road, Cardross,
Argyll and Bute.    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission
 Variation of Condition 2 of planning permission in principle reference
18/01444/PP (PP-130-2071) – in relation to finished floor levels of
dwellings. 
(ii) Other specified operations
 None 
(B) RECOMMENDATION: 
It is recommended that conditional planning permission is GRANTED in accordance
with Section 42 of the Town and Country Planning (Scotland) Act 1997 subject to
the conditions and reasons detailed in this report. 
(C) CONSULTATIONS:   
Flood Risk Advisor (6th March 2023) – raise no objections to the proposed change
in finished floor levels of the dwellings to 0.15m above surrounding ground level.
Their reasons for this are included below: 
Flood Risk Assessment- Fluvial Flooding- Flooding to the site and expected flow
routes have been considered quantitatively. The FRA informs that given the standoff
distance of the site from the Geilston Burn, the vertical separation between the site

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
and the channel and the overbank topography, out of bank flooding from the Burn is
unlikely to impact the site. Flood waters are expected to exceed the channel on the
right bank and due to the topography are then directed south away from the
development. This is acceptable. 
Flood Risk Assessment- Pluvial Flooding – Given the nearby pluvial flooding risk, the
FRA report concludes that Finished Floor Levels should be set to at least 0.15m
above ground level. Finished floor levels have been incorporated in the ‘Preliminary
Site Levels’ plan and show that Finished Floor Levels are proposed to be 0.15m
above ground level for all proposed houses. This is acceptable. 
Sewer/ Culvert Blockage- Section 3.34 of the report informs that there is a ‘Scottish
water surface water sewer which flows in a westerly direction close to the southern
site boundary before flowing south through Cardross Primary School.’ Two manholes
are located within the site boundary and are associated with this sewer system.
Section 3.35 informs that the closest plot to these manholes is elevated 1.2m above
existing ground levels. As such, a FFL of 0.15m above ground level at these plots is
acceptable. 
Drainage- The supplied micro-drainage calculations inform that for the 200 year +
climate change event flooding is expected at manholes 5, 16 and 29. Review of the
supply drainage layout and topographic information informs that property flooding is
not expected should these manholes overtop. 
Cardross Community Council (5th March 2023) – raise no concern regarding the
height of foundations for the houses, however the Community Council wish to
express concern about possible worsening of the current flooding situation within the
village due to the addition of this development. 
(D) HISTORY: 
18/01444/PP – Removal of Conditions 4 and 5 and variation of condition 7 of
planning permission in principle 15/01794/PPP (Site for the erection of residential
development with associated access, infrastructure, open space, landscaping and
miscellaneous works) in relation to roads arrangements. Application refused at
planning Committee and subsequently granted by appeal on 15th July 2019 under
reference: PPA-130-2071. 
15/01794/PP – Planning Permission in Principle for ‘Site for the erection of
residential development with associated access, infrastructure, open space,
landscaping and miscellaneous works. Granted subject to conditions 26/01/17. 
14/02409/PAN – Proposal of Application Notice for the erection of residential
development and landscaping. 
(E) PUBLICITY:   
LREG20 – Regulation 20 Advert Local Application – Expired 16th March 2023. 
(F) REPRESENTATIONS:   
(i) Representations received from:

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
At the time of writing, representations have been received from 22 respondents in
relation to this planning application. A total of 19 respondents raise objection and 3
respondents provide general comments. 
The names and addresses of those contributing to the application are contained
within Appendix B, and full copies of the representations are published on the
planning application file and are available to view via the Public Access section of
the Council’s website. 
(ii) Summary of issues raised- The concerns and general comments raised
are summarised within the various themes below: 
Comments relating to Condition 2
 No objection to the proposed variation of Condition 2 with regard to
finished floor levels. 
Comments: Noted, see assessment. 
Roads Comments
 Concern regarding the suitability of the access to the site  from Darleith
Road and Barrs Road and the traffic generation arising from the
development;
 Darleith Road is narrow with no pavement beyond Mill Road and is used
by many users including cyclists, horse riders, walkers, farm and forestry
traffic;
 Safety concern due to no designated pavement for pedestrians on
Darleith Road;
 Traffic generation will put a strain on the road network of the village and
car parking spaces at the station;
 Safety concern of Darleith Road;
 Additional traffic generation will cause noise and air pollution;
 Concern regarding impact of traffic on the core path;
 Suitability of the road to have construction traffic in terms of weight of
vehicles;
 Access via Barrs road is unsuitable for the additional traffic generation in
respect of road safety; 
Comment: This section 42 application is confined to the acceptability of the finished
floor levels in relation to flood risk and therefore road safety impacts is not a material
consideration in this instance. 
School Capacity Comments
 Concern regarding the capacity of the school to accommodate the
additional pupils arising from the development;
 Concern regarding capacity of nurseries. 
Comment: This section 42 application is confined to the acceptability of the finished
floor levels in relation to flood risk and therefore school capacity is not a material
consideration in this instance. 
Drainage and Flooding Comments
 Concern regarding the capacity of the existing drainage and sewerage
infrastructure and its ability to cope with the additional dwellings;

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
 Development has potential to cause drainage problems in the immediate
area including local flooding and sewerage issues;
 Development will only worsen the flooding problem in the village;
 Loss of natural drainage the field provides at present;
 Queries relating to the reasoning behind the proposed drainage scheme
proposed;
 Concern regarding the maintenance responsibility of the proposed
drainage ditch;
 Installation of proposed drainage will cause considerable periods of road
closure causing significant disruptions to those using Darleith Road; 
 Concern that proposed drainage will cause flooding impacts to the
property Hillview. 
Comment: These are not material planning considerations in the determination of this
application. This application seeks to amend finished flood levels. Full analysis of
flooding and drainage matters associated with the development would be dealt with
under any subsequent Matters Specified in Condition application. 
Procedural Matters
 No neighbour notification was received. 
Comment: Neighbour notification procedures and Regulation 20 Advertisement
procedures have been carried out correctly. 
Other Comments
 Proposal would alter the character and fabric of Cardross, increasing the
population by 10-20%;
 Concern regarding the environmental impact of building a large housing
estate on green belt land;
 Concern regarding the carbon emissions associated with the building
phase and carbon footprint of the village overall post development;
 Concern regarding the felling of established woodland without an impact
assessment;
 Proposal will have a detrimental effect on the current villagers;
 Green space behind the village should be protected from development. 
Comment:  These are not material planning considerations in the determination of this
application. 
(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No 
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No 
(iii) A Design or Design/Access statement:    ☐Yes ☒No

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(iv) A report on the impact of the proposed
development eg. Retail impact, transport
impact, noise impact, flood risk, drainage
impact etc:   
The application is supported by the following
technical information:
 Drainage Strategy Report, Issue 1, 23rd 
November 2022
 Flood Risk Assessment, Issue 3, 1st
December 2022
 Agent analysis against relevant NPF4 policies
together with the submission of a Statement
of Community Benefit and Cala Community
Pledge document, 11th April 2023. 
The Supporting Letter (27th January 2023) submitted by
the agent to accompany the application, explains the
following reasoning as to why the variation is sought: 
“Through the design process it has become apparent
that the levels currently required by condition 2
introduce several undesirable effects. These include
making access to some properties difficult for those with
disabilities due to the change in levels required
(introducing conflict with The Disability Discrimination
Act compliance). This means that level access to some
properties is only possible using the rear access point,
with rising ramped pathways running from the front to a
raised rear patio for some properties. 
In support of the forthcoming AMSC submissions, a new
Flood Risk Assessment (2022 FA) and Drainage
Strategy were prepared. […] These updated
assessments address information gaps present at the
time of the 2015 FRA; which had original resulted in the
cautious wording of Condition 2. 
Crucially, the 2022 FRS provides appropriate
calculations and information to confirm the suitability of
FFLs set at 150mm above ground level. The 2022 FRS
further confirms that “development is not at risk of
flooding from groundwater. However, in order to remove
any residual risk of groundwater flooding it is proposed
that the finished floor levels onsite are set at 150mm
above finished ground levels.”
☒Yes ☐No   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No 
(J) Section 25 of the Act; Development Plan and any other material considerations
over and above those listed above which have been taken into account in the
assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 12 – Zero Waste
NPF4 Policy 13 – Sustainable Transport
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods
NPF4 Policy 16 – Quality Homes
NPF4 Policy 21 – Play, Recreation and Sport
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 25 – Community Wealth Building. 
‘Argyll and Bute Local Development Plan’ Adopted March 2015 
LDP STRAT 1 – Sustainable Development 
Local Development Plan Schedules 
‘Supplementary Guidance to the Argyll and Bute Local Plan 2015’ (Adopted
March 2016 & December 2016) 
Sustainable Siting and Design 
SG LDP Sustainable – Sustainable Siting and Design Principles 
Resources and Consumption 
SG LDP SERV 1 – Private Sewage Treatment Plants & Wastewater Systems
SG LDP SERV 2 – Incorporation of Natural Features / SuDS
SG LDP SERV 3 – Drainage Impact Assessment 
Addressing Climate Change 
SG LDP SERV 7 – Flooding and Land Erosion – Risk Framework 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
 Argyll and Bute proposed Local Development Plan 2 (November 2019) –
The reporters have written to Argyll and Bute Council regarding the
Proposed Local Development Plan 2, which is currently at Examination.
Due to the status of the revised draft National Planning Framework 4 the
reporters are currently determining what, if any, further processes are
required as a consequence. Although PLDP2 remains a material
consideration it is now subject to this further assessment against NPF4
policies. Therefore, it considered appropriate not to attach significant
weight to PLDP2 policies during this time, i.e. until the consequences of
NPF4 policies for the PLDP2 have been assessed by the reporters and
the Examination report is issued. Specific sites in PLDP2 that have not
received objections and are not being dealt with at the Examination
may continue as strong material considerations, e.g. allocations and
potential development areas. 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No 
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
Further PAC is not required for S42 applications. 
(M) Has a Sustainability Checklist been submitted:  ☐Yes ☒No 
(N) Does the Council have an interest in the site:  ☐Yes ☒No 
(O) Requirement for a pre-determination hearing: ☐Yes ☒No 
The original application was subject to a local hearing in 2017. The matters raised
by objectors for this application are mostly road related issues and other matters
which are not material considerations as part of this s42 application to vary the
finished floor levels of the dwellings. Given, this it is recommended that a
discretionary local hearing would not add value to the planning process in this
instance. 
(P)(i) Key Constraints/Designations Affected by the Development:
 SEPA Flood Zones (Surface Water)
 Core Paths 
(P)(ii) Soils
Agricultural Land Classification:  Class 3.2
Peatland/Carbon Rich Soils Classification: ☐Class 1
☐Class 2
☐Class 3

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
☒ N/A
Peat Depth Classification:  N/A  
Does the development relate to croft land? ☐Yes ☒No
Would the development restrict access to croft
or better quality agricultural land?
☐Yes ☒No
Would the development result in
fragmentation of croft / better quality
agricultural land?
☐Yes ☒No 
(P)(iii) Woodland  
Will the proposal result in loss of
trees/woodland? 
☐Yes
☒No 
Does the proposal include any replacement or
compensatory planting?
☐Yes
☐No details to be secured by condition
☒Not applicable  
(P)(iv) Land Status / LDP Settlement Strategy
Status of Land within the Application  ☐Brownfield
☐Brownfield Reclaimed
☒Greenfield 
ABC LDP 2015 Settlement Strategy 
LDP DM 1 
☒Main Town Settlement Area
☐Key Rural Settlement Area
☐Village/Minor Settlement Area
☐Rural Opportunity Area
☐Countryside Zone
☐Very Sensitive Countryside Zone
☐Greenbelt
ABC LDP 2015 Allocations/PDAs/AFAs etc: The site is allocated for housing
development under allocation ref: H2002. 
(P)(v) Summary assessment and summary of determining issues and material
considerations 
A Section 42 application is an application for a new planning permission for a
development but with different conditions from those attached to a previous
permission for that development. In determining such an application, the planning
Authority can only consider the changes to the conditions on the previous permission.
The principle of development is not under consideration and the original permission
remains live. 
Planning permission in principle was approved for this development following a
Hearing on 26th January 2017. The site is identified as a housing allocation for 158
units within the adopted Local Development Plan, however, the applicant in the
previous Planning Permission in Principle application, indicated that approximately
140 units were proposed. It is located to the north of the settlement of Cardross and
is bounded by Darleith Road to the west and a private access to the east. This private
access is a continuation of Barrs Road.

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
In this application, the applicant has applied to vary Condition 2 to alter the finished
floor levels of the dwellings. The applicant has submitted supporting drainage and
flooding reports to justify the required change to the finished floor levels. 
It is considered that the proposal would accord fully with the policies of the
development plan and there are no material considerations which would indicate
otherwise. As there is a procedural requirement to re-issue the previous permission
in its entirety, Officers have also considered whether this new grant of permission
has material planning consequences for any other planning conditions. Offers are
content that there are no material planning consequences for any other conditions
and therefore only Condition 2 required to be amended in the new decision to be
issued under this Section 42 application, 
Taking account of the above, it is recommended that planning permission be
approved subject to conditions. A full report is included in the Appendix of this report. 
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
The primary matter under consideration is whether Condition 2 can be reworded as
suggested but still protect the approved residential properties from potential ground
water flood risk. The primary and defining consideration on whether this would be
acceptable are the expert views of the Council’s Flooding Advisor.  The Advisor is
content that from the information provided, the condition can be required as
suggested, whilst still ensuring the houses will be protected from any potential flood
risk. This is confirmed in their response dated 06.03.23. All relevant matters have
been taken into account when appraising this application. It is considered that the
proposal accords with the principles and policies contained within the Local
Development Plan and it is acceptable subject to the conditions in terms of all other
applicable material considerations. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan 
Not applicable. 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Stephanie Wade Date: 29th April 2023 
Reviewing Officer: Sandra Davies Date: 1st May 2023 
Fergus Murray
Head of Development & Economic Growth

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. (23/00145/PP) 
Standard Time Limit Condition  (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. Plans and particulars of the matters specified in conditions 2,3,6,7,8,9,11,12,13,15,16
and 17; below shall be submitted by way of application(s) for Approval of Matters
Specified in Conditions in accordance with the timescales and other limitations in
Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended.
Thereafter the development shall be completed wholly in accordance with the details
contained within the approved plans and particulars.  
Reason: To accord with Section 59 of the Town and Country Planning (Scotland) Act
1997, as amended. 
2. Pursuant to Condition 1 – unless otherwise approved in writing by the Planning
Authority, no development shall commence in respect of any individual plot until plans
and particulars of the site layout, design and external finishes of the development have
been submitted to and approved by the Planning Authority. These details shall
incorporate proposed finished floor levels relative to an identifiable fixed datum located
outwith the application site. These levels shall be at least 0.15 metres above finished
ground levels. Thereafter, the development shall be implemented in accordance with
the duly approved details which shall have regard to special needs access
requirements established by policies SG LTP TRAN 3 and SG LDP HOU 2. 
Reason: To ensure that the development has a layout and design which is compatible
with its surroundings and in accordance with Local Development Plan policy.  
3. Pursuant to Condition 1 – no development shall commence until a scheme for the
provision of affordable housing that is in accordance with the provisions of the
Council’s Development Plan Policy and Supplementary Guidance on Affordable
Housing has been submitted to and approved in writing by the Planning Authority. The
scheme shall:
a) Provide that a minimum of 25% of the approved dwellings are affordable homes;
b) Define those dwellings that are to be used as affordable homes;
c) Establish the timing of the provision of the affordable homes relative to the phasing
of the development, which shall ensure that works on the last 25% of those
approved dwellings that are not affordable homes are not commenced until the
affordable homes have been completed for occupation;
d) Establish the arrangements to ensure the affordability of the affordable homes for
both initial and subsequent occupiers.
The development shall be implemented and occupied thereafter in accordance with
the duly approved scheme for affordable housing. 
Reason: To accord with the provisions of the development plan in respect of affordable
housing provision. 
4. Unless otherwise agreed in writing by the Planning Authority in consultation with the
Road Network Manager, no development shall commence unless and until the
following improvements to Darleith Road have been provided:
i) The provision of a suitable traffic calming scheme (give and take priority) and the
provision of three new off-street car parking spaces between Barrs Terrace and

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Report of Handling Template for PPSL and Delegated Planning Applications – Updated 08.03.2023 
Mill Road. A drawing showing details of these provisions shall be submitted for
prior written approval of the Planning Authority.
ii) Road improvement between Mill Road and the proposed development site
entrance as identified on plan TIAvcar2_SK002B
iii) The provision of a passing place immediately to the north of the proposed
development site entrance in order to accommodate large vehicles passing in
opposite directions.
iv) Upgrade of the existing lighting between Mill road and the existing 30 mph speed
restriction limit.
Reason: To provide improvements, including suitable traffic calming measures,
compensatory parking and a passing place for larger vehicles, in the interests of road
safety and to ensure a safe connection from the A814 to the site. 
5. Unless otherwise agreed in writing by the Planning Authority, in consultation with the
Road Network Manager, no dwelling shall be occupied unless and until the existing 30
miles per hour speed restriction on Darleith Road has been extended and brought into
effect to a location north of the Darleith Road access, the exact location to be agreed
in consultation with the Road Network Manager. 
Reason: In the interests of road safety. 
6. Pursuant to Condition 1 – no development shall commence until the following plans
and particulars have been submitted to and approved by the Planning Authority in
consultation with the Road Network Manager. Thereafter, the schemes shall be carried
out in accordance with the approved details. Such details shall incorporate:
i) On the A814 Main Road, Cardross, a scheme to enhance the gateway features in
both directions at the entrances into Cardross village to be fully implemented in
accordance with these details prior to occupation of the first dwelling house.
ii) On the A814 Main Road, Cardross, within the village envelope a scheme to
enhance traffic calming to be fully implemented in accordance with these details
prior to occupation of the first dwelling house. 
Reason: In the interests of road safety. 
7. Pursuant to Condition 1 – no development shall commence until full details of the
internal road layout within the development have been submitted to and approved in
writing by the Planning Authority. The development layout shall ensure that no more
than 20 dwelling houses will eb served from the east access, i.e. via Barrs Road. All
other vehicular traffic will be required to access the development site from Darleith
Road. The internal roads shall be constructed in accordance with the principles of
Designing Streets. 
Reason: In the interests of road safety and good place making. 
8. Pursuant to Condition 1 – Car parking provision shall be provided in accordance with
the Argyll and Bute Council supplementary guidance policy SG LDP TRAN 6. Parking
provision shall be constructed and made available for use prior to the first occupation
to the dwelling(s) to which it relates and shall be maintained thereafter for the parking
of vehicles. 
Reason: In the interests of road safety. 
9. Pursuant to Condition 1 – no development or ground breaking works shall commence
until an archaeological field evaluation has been undertaken and submitted to the
Planning Authority for approval, the results of which shall inform as necessary the

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layout of the development to be submitted for the purposes of the Approval of Matters
Subject to Conditions. 
This archaeological field evaluation shall be prepared by a suitably qualified person
and shall consist of a trial trenching programme of a distributed sample of 8% of the
full application area. The West of Scotland Archaeology Service shall be notified at
least 14 days in advance of the evaluation in order to facilitate monitoring of the work
evidence of which to be submitted along with the archaeological field evaluation as
part of the Approval of Matters Specified in Conditions submission. If archaeological
remains on the site are confirmed, proposals for their preservation shall also be
included. 
Reason: In order to protect archaeological resources. 
10. For the avoidance of doubt the proposals hereby approved shall be served by public
water and sewerage connections. 
Reason: The proposal has been assessed on this basis and the introduction of private
connections would represent a further material consideration in the determination of
this planning application. 
11. Pursuant to Condition 1 – no development shall commence until the following details
have been submitted to and approved in writing by the Planning Authority:
i) Details of the proposed cut-off ditch (or similar) to be located along the northern
border of the site along with calculations demonstrating that this proposed
mitigation measure will not exacerbate flooding elsewhere;
ii) The existing flow pathway in the vicinity of the sewer line shall be maintained;
iii) A detailed drainage assessment and layout;
iv) Method Statement detailing surface water containment during construction. 
Reason: In order to ensure appropriate mitigation for flood risk. 
12. Pursuant to Condition 1 – full details of the proposed SUDs shall be submitted to and
approved in writing by the planning authority. Thereafter the development shall
commence in accordance with these details. These details shall include:
i) Full details of the proposed design and appearance of the SUDs facility to be
designed in accordance with CIRIA C753;
ii) Detailed design calculations for this facility;
iii) Details of the proposed drainage of the SUDs facility; 
iv) Details of the proposed maintenance regime and maintenance responsibilities for
the SUDs facility.
v) Soil information to be provided if infiltration SUDs are proposed. 
Reason: To ensure the provision of an adequate surface water drainage system and
to prevent flooding. 
13. Pursuant to Condition 1 – no development shall until a scheme of boundary treatment,
surface treatment and landscaping has been submitted to and approved by the
Planning Authority. The scheme shall comprise a planting plan and schedule which
shall include details of:
i) Existing and proposed ground levels in relation to an identified fixed datum;
ii) Existing landscaping features and vegetation to be retained;
iii) Location design and materials of proposed walls, fences and gates. This shall
include details of a secure boundary between the application site and the disused
quarry on the south west corner of the site;

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iv) Proposed soft and hard landscaping works including the location, species and size
of every tree/ shrub to be planted;
v) A programme for the timing, method of implementation, completion and
subsequent on-going maintenance.
vi) The proposed landscape plan shall take account of the Design Recommendations
(para.4.8) contained within the applicant’s supporting Landscaping Report dated
June 2015 undertaken by Ann Nevett. 
In addition, in accordance with the requirements of NPF4 Policy 3b, a Biodiversity
Statement shall be submitted which demonstrates how the proposal will conserve,
restore and enhance biodiversity including nature networks so that they are in a
demonstrably better state than without intervention.  This should include details of
future management and should be informed by best practice methods. 
Reason: To assist with the integration of the proposal with its surroundings in the
interests of amenity and to comply with Policy 3 of NPF 4. 
14. No trees overhanging the site shall be lopped, topped, or felled other than in
accordance with the details provided to satisfy the requirements of condition 13 above. 
Reason: In order to protect the trees overhanging the site in the interests of amenity. 
15. Pursuant to Condition 1 – no development shall commence until details for the
provision and maintenance of proposed areas of communal open space and equipped
play area(s) within the development have been submitted to and approved in writing
by the Planning Authority. The details shall comprise:
i) A plan showing the location and extent of communal open space and equipped
play areas;
ii) Provision to satisfy the minimum standards set out in the Development Plan; 6sqm
of equipped play space and 12sqm of informal open space per dwelling unit;
iii) Specification of play equipment to be installed, including surface treatments and
any means of enclosure, designed in accordance with the provisions of BS5696
(Play Equipment Intended for Permanent Installation Outdoors);
iv) Proposals for the timing of the implementation of the play area(s) in relation to the
phasing of development;
v) A maintenance schedule for communal open spaces and equipped play areas in
accordance with the provisions of BS5696 including details of on-going inspection,
recording and procedures for detailing with defects. The communal open space
and equipped play area(s) shall be provided in accordance with the duly approved
details and shall be retained and maintained to the specified standards thereafter. 
Reason: In order to secure prevision of communal open space and equipped play
areas within the development in accordance with the minimum standards set out in
the Development Plan. 
16. Pursuant to Condition 1 – no development shall commence until details for the
arrangements for the storage, separation and collection of waste from the site,
including provision for the safe pick-up by refuse collection vehicles, have been
submitted to and approved in writing by the Planning Authority. Thereafter the duly
approved provision shall be implemented prior to the first occupation of the dwellings
which it is intended to serve. 
Reason: In order to ensure that satisfactory arrangements have been made for dealing
with waste on the site in accordance with Policy SG LDP SERV 5 (b).

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17. Pursuant to Condition 1 – no development shall commence until a Site Waste
Management Plan has been submitted to and approved in writing by the Planning
Authority. The provisions of this plan shall be adhered to during the construction period
unless any subsequent variation thereof is agreed in writing by the Planning Authority. 
Reason: In order to ensure the minimisation of waste generated during construction in
accordance with policy SG LDP SERV 5 (b).

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NOTE TO APPLICANT 
 This consent constitutes a Planning Permission in Principle under Section 59 of the
Town and Country Planning (Scotland) Act 1997 as amended, and as such does not
authorise the commencement of development until matters requiring the further consent
of the Planning Authority have been satisfied. 
 Application(s) for Approval of Matters specified in Conditions must be made in
accordance with the provisions of Regulation 12 of the Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2008 within the time
limits specified in Section 59 of the Act. 
 Having regard to Regulation 12, application(s) for the Approval of Matters Specified in
Conditions must be submitted within 3 years from the date of which Planning Permission
in Principle was granted. The exception being where an earlier submission for the
Approval of Matters Specified in Conditions was refused or dismissed on appeal, in
which case only one further application in respect of all outstanding matters requiring
further approval of the Planning Authority may be submitted within a period of 6 months
from determination of the earlier application. Any elements of the Planning Permission
in Principle for which further approval of the Planning Authority has not been sought
within the time periods summarised above will no longer be capable of being
implemented within the terms of this permission. 
 The development to which this planning permission in principle relates must commence
no later than 2 years from the date of the requisite approval of any matters specified in
conditions (or, in the case of approval of different matters on different dates, from the
date of the requisite approval for the last such matter being obtained), whichever is the
later. If the development has not commenced within this period, then this planning
permission in principle shall lapse. 
 In order to comply with Section 27A(1) of the Town and Country Planning (Scotland) Act
1997, prior to works commencing on site, it is the responsibility of the developer to
complete and submit the attached ‘Notice of Initiation of Development’ to the Planning
Authority specifying the date on which the development will start. 
 In order to comply with Section 27B(1) of the Town and Country Planning (Scotland) Act
1997, it is the responsibility of the developer to submit the attached ‘Notice of
Completion’ to the Planning Authority specifying the date upon which the development
was completed. 
 Please see the West of Scotland Archaeology Service’s consultation comments in
respect of the proposed development. 
 Please see Scottish Water’s consultation response dated 31/5/16. 
 The consideration to reduce the 30mph speed restriction should be assessed in
conjunction with Police Scotland and the Council’s Roads Officer. 
 An application for a Roads Construction Consent is required to be submitted and
approved. Thereafter a financial security bond will require to be lodged with the Council’s
legal services section before any works commence on site. 
 In order to meet obligations under wildlife legislation and to protect any breeding birds
on the site, any vegetation removal should be undertaken outside the bird nesting

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season (March – August). If vegetation removal is planned during the bird nesting
season, a suitably qualified ecologist should inspect the area for the presence of nests
up to a maximum of one day prior to removal. If an active nest is discovered vegetation
cannot be removed and must be left in situ until the young have fledged. 
 Japanese Knotweed has been reported on or near this site. It is a highly invasive weed
that is capable of structural damage. Disturbance will cause it to spread and its
movement is controlled by legislation. Under the Wildlife and Countryside Act 1981 it is
illegal to cause it to spread in the wild. You are strongly advised to survey the site for
the presence of Japanese Knotweed at an early stage and before any site clearance
work, and, if found, to formulate plans to control or eradicate it. Please note that
Japanese Knotweed can be far more extensive than the visible parts on the surface and
that the underground parts of the plant may extend laterally up to 7 metres beyond this. 
 Prior to the submission of an Approval of Matters Specified in Conditions application,
the applicant is requested to contact the Council’s Education Department in order to
investigate the opportunity for the provision of a pedestrian footpath from the site directly
into Cardross Primary School for the use of children attending the school.

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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  23/00145/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1. Introduction 
1.1. A Section 42 application is an application for a new planning permission for a development
but with different conditions from those attached to a previous permission for that
development. This appraisal will consider whether, if planning permission is granted
subject to the proposed amendments to the condition as imposed on planning permission
PPA-130-2071, the proposal would remain in accordance with the development plan and
if not whether other material considerations indicate otherwise. In determining such an
application, the Planning Authority can only consider changes to the conditions on the
previous permission. The principle of the development is not under consideration and the
original planning permission remains live. 
2. Location of Development 
2.1. The application site is located on the northern edge of Cardross village and comprises a
fairly level field, which is in use for grazing. It is bounded by Darleith Road to the west,
and Barrs Road to the east, each of which provides access, directly or indirectly, to the
principal road through Cardross, the A814. Cardross Primary School is located
immediately to the south of the site. 
3. Proposal 
3.1. The original Planning Permission in Principle permission, granted permission for the
erection of a residential housing development, together with its associated infrastructure
on the land allocated under the LDP as ref: H20002 (Cardross- Kirkton Farm 1)
(permission ref. 15/01794/PP). A subsequent Section 42 application (18/01444/PP) was
submitted to vary three conditions relating to roads matters which was subsequently
granted by Scottish Government upon appeal in July 2019 (ref.PPA-130-2071). This
permission was subject to a series of planning conditions, of which, some of the
information for those conditions was required to be considered further under any
subsequent Approval of Matters Specified in Conditions applications. 
3.2. In this instance, the applicant is seeking to vary one condition (Condition 2) which relates
to the finished ground floor levels of the dwellinghouses to be erected on site. The
applicant has advised a cautious approach was taken within the approved Planning
Permission in Principle regarding the finished ground floor level and whilst the cautious
approach was not unreasonable, the unintended consequence is that the levels included
within the condition (300mm-600mm) are difficult to achieve whilst also being compliant
with the Disability Discrimination Act (DDA) requirements. 
3.3. The approved Condition 2 states: 
3.3.1. “Pursuant to Condition 1 - no development shall commence in respect of any
individual plot until plans and particulars of the site layout, design and external
finishes of the development have been submitted to and approved by the
Planning Authority. These details shall incorporate proposed finished ground floor
levels relative to an identifiable fixed datum located outwith the application site.
These levels shall be at least 0.3 metres to 0.6 metres above finished ground

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levels. Thereafter the development shall be implemented in accordance with the
duly approved details which shall have regards to special needs access
requirements established by policies SG LDP TRAN 3 and SG LDP HOU 2. 
3.4. The applicant is proposing to amend the wording of Condition 2 to read as follows
(amended words highlights in bold for ease of reference): 
3.4.1. “Pursuant to Condition 1 – unless otherwise approved in writing by the
Planning Authority, no development shall commence in respect of any
individual plot until plans and particulars of the site layout, design and external
finishes of the development have been submitted to and approved by the
Planning Authority. These details shall incorporate proposed finished floor levels
relative to an identifiable fixed datum located outwith the application site. These
levels shall be at least 0.15 metres above finished ground levels. Thereafter, the
development shall be implemented in accordance with the duly approved details
which shall have regard to special needs access requirements established by
policies SG LTP TRAN 3 and SG LDP HOUS 2.” 
4. Settlement Strategy 
4.1. Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning
applications to be determined in accordance with the development plan unless material
planning considerations indicate otherwise. The principle of development has been
established under the original permission and consequently, it is not necessary to revisit
whether or not it is compliant with the settlement strategy. This is an application to modify
the requirements of the condition on an existing permission. In order to address the
determining issues, the key considerations are therefore: 
4.1.1. Compliance with the Development Plan and other planning policy
4.1.2. Modification of condition 2; and
4.1.3. Any other material considerations. 
5. Compliance with National Policy 
5.1. The Development Plan has changed since the determination of the original application.
The Development Plan now comprises National Planning Framework 4 [NPF4], in
addition to the adopted Argyll and Bute Council Local Development Plan 2015 [LDP] and
all statutory and supplementary guidance. As approval of this application will grant a fresh
planning permission, it is necessary to address the relevant policy framework for the
application where the framework differs from that of the LDP, in addition to addressing
the minor matters raised by the desire to change Condition 2.   
5.2. Policies 9 and 16 Of NPF4 support development of greenfield sites where they are
allocated for development within the LDP. The application site is allocated for housing
development within the LDP under reference “H2002 Cardross- Kirkton Farm 1”. This
allocated suggested a scale of 158 units with 25% affordable housing provision. In
accordance with Policy 16(e) of NPF4, the scheme will provide a   25% affordable housing
provision within the residential development. The scheme accords with NPF4 Policy 15
which looks to promote development schemes that allow for facilities and services to be
reached by residents using sustainable means. The application site is within a 10-minute
walk of the local facilities of Cardross and within a 15-minute walk of public transport links
including a train station.

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5.3. As the original application was for a planning permission in principle, the detailed aspects
of design and layout of the scheme and their compliance with Policy 14 of NPF4 to ensure
the development is consistent with the six qualities of successful place and Policy 21
(Play, Recreation and Sport) are to be considered under the subsequent application for
Approval of Matters Specified in Condition. The indicative layout plan shows there is
sufficient space to accommodate the development. 
5.4. A Statement of Community Benefit has been provided as required by Policy 16 of NPF4.
This document references that the development will provide additional housing to the
community, including 25% affordable housing provision; road improvements to the local
road network improving road safety; additional areas of communal open space and play
facilities to be provided within the scheme which is accessible to the wider community;
and implementation of the Cala Community Pledge which includes commitments for tree
planting, community litter picking, and installation of defibrillators. The Community Pledge,
which is submitted in response to Policy 25 Requirements to ensure development
proposals contribute to local or regional community wealth building strategies, highlights
that the applicant is committed to showcasing of local supply chains and services in the
show homes on the site with an ambition to raise awareness of local businesses and
produced to increase spending within communities. It is also highlighted that the applicant
has an operational model to engage with the local supply chain in relation to construction
activities, and tendering processes being open to local providers. 
5.5. NPF4 Policies 1-3 apply to all development proposals. Significant weight will be given to
the global climate and nature crisis. Development proposals will be sited and designed to
minimise lifecycle greenhouse gas emissions as far as possible. Development proposals
will contribute to the enhancement of biodiversity, including where relevant, restoring
degraded habitats and building and strengthening nature networks and the connections
between them. Proposals should also integrate nature-based solutions, where possible. 
5.6. Regarding Policy NPF4 Policy 2, it is noted that the proposal accords with the LDP
Settlement Strategy which promotes sustainable levels of growth by steering significant
development to the settlements. It is considered that the proposed development would be
consistent with Policy 2 of NPF4 having had due regard to the specifics of the
development proposed and to the overarching planning policy strategy outlined within the
adopted Local Development Plan. 
5.7. An extended Phase 1 Habitat Survey supported the original application for planning
permission in principle which confirmed that the proposal would not have any adverse
ecological impacts. Full consideration of a landscaping scheme which will contribute to
the conversation, restoration and enhancement of biodiversity as required by Policy 3 of
NPF4 is sought under the Approval of Matters Specified in Condition [AMSC] application. 
5.8. In accordance with NPF4 Policy 5, the site does not include prime agricultural land nor
peatland and carbon rich soils. As the proposal involves ground breaking works, an
additional planning condition, which now forms part of the Planning Authority’s standard
planning conditions, will be attached to any subsequent decision to ensure compliance
with NPF4 Policy 5. This new standard condition looks to ensure prior agreement of soil
management to ensure appropriate methods are used for soil storage during construction. 
5.9. NPF4 Policy 7(o) requires developers to provide an evaluation of archaeological resource
to inform impacts on non-designated historic environment assets, including where there
is potential for non-designated archaeological remains. As the site lies in an area fairly
rich in archaeological remains from the prehistoric and medieval periods and evaluation
is therefore required. The original planning condition (Condition no.9) attached to the PPP
permission is therefore still required to be attached to any subsequent decision.

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5.10. Regarding waste matters, NPF4 Policy 12 aligns with the LDP requirements for
medium to larger scale developments to provide details of the arrangements for storage,
separation and collection of waste to be submitted, together with a site waste
management plan. The existing planning conditions attached to the original PPP
permission (Conditions no.7 and 16), is therefore still relevant and will be carried forward.   
5.11. Regarding access and sustainable transport matters, NPF4 Policy 13 aligns with the
LDP requirements for the submission of a Transport Assessment, which was provided
with the original Planning Permission in Principle submission. The roads related
conditions, in particular, conditions 4, 5 and 7, were subsequently reviewed at Appeal
level and the roads related conditions attached to the appeal decision are therefore still
relevant and will be carried forward.   
6. Modification of Condition 2- Impact on Flooding 
6.1. Policy LDP 10 seeks to ensure developments avoid areas subject to flood risk and further
guidance is provided within SG LDP SERV 7. An updated Flood Risk Assessment [FRA]
and Drainage Strategy have been submitted in support of this application for variation of
condition. A topographic survey of the site included within the FRA informs that at the
closest point, the Geilston Burn sits at an elevation circa 15m lower than that of the site.
It is noted that the site lies close to but ultimately outside of all indicative limits of flooding
as per the SEPA flood maps. The Council’s Flood Risk Advisors have reviewed the
submitted information and confirm that the change of finished floor levels of the dwellings
to a minimum of 0.15m above surrounding ground level is considered acceptable with
regards to flood mitigation measures. 
6.2. The proposed amendment of Condition 2 is considered to accord with Policies SG LDP
SERV 1, SG LDP SERV 2, SG LDP SERV 3, SG LDP SERV 7 and NPF4 Policy 22. 
7. Modification of Condition 2 – Impact on Accessibility 
7.1. The change in ground floor level to ensure that the proposal is compliant with the Disability
Discrimination Act accords with Policy 16(c) of NPF4 which supports development
proposals for new homes that improve affordability and accessible, adaptable and
wheelchair accessible homes. 
8. Other Considerations, including Public Representations 
8.1. The change to the finished floor level of the dwellings would not result in any change to
the conclusions reached on any other material planning considerations of the original
scheme and no further assessments are required in respect of those, for this application.
It is noted that a number of letters of concern have been received from local residents
and the Community Council, however the issues raised within those responses are not
material to the determination of this S.42 application. The matters of concern raised relate
to the merits of the information to be submitted against the subsequent Approval of
Matters Specified in Condition application. Whilst it is noted that matters relating to
flooding in general have been raised by the Community Council and members of the
public, the analysis for the purposes of this application under flooding and drainage
relates solely to the acceptability of the change in finished floor levels and does not
therefore provide a full analysis of the overall wider flooding matters and drainage scheme
which will be reviewed as part of the subsequent AMSC application. 
9. Conclusion

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9.1. The proposed variation of Condition 2 would be acceptable. The lowering of the Finished
Floor Levels to a minimum of 0.15m has been demonstrated to adequately safeguard the
residential properties from potential groundwater flooding, whilst improving the Disability
Discrimination Act compliance by way of accessibility issues. Officers have considered
the new grant of permission against any new material considerations arising from the
introduction of NPF4 and confirm that there are no material planning consequences for
any other condition and therefore only Condition 2 required to be amended in the new
decision notice to be issued under this Section 42 permission. It is considered that the
proposal accords with the principles and polices contained within the Development Plan
and the application is therefore recommended for approval subject to conditions. 
COMMITTEE REPORT
APPENDIX B – RELATIVE TO APPLICATION NUMBER:  23/00145/PP 
LIST OF CONTRIBUTORS 
Contributor
Name
Contributor Address Date
response
received
1 Alexandra
Easton
10 Napier Avenue, Cardross G82 5LY 29.03.2023
2 Mrs Catherine
Court
3 Fairway, Cardross, G82 5LP  28.03.2023 
3 Charlotte
Francoz
Hillview, Darleith Road, Cardross,
G82 5EZ
07.03.2023
4 Connie Ross 67 Barrs Road, Cardross 27.02.2023
5 Dr Julie Lang Ellismhor, Darleith Road, Cardross
G82 5EZ 
06.03.2023
6 Dr Gillian Hunter 13 Braid Drive, Cardross G82 5QD 22.03.2023
7 Erin Gregory Middle Lodge Drumhead, Darleith
Road, Cardross, Dumbarton, G82
5EZ
11.04.2023
8 Mr Gordon
Hendry
No address given. 14.03.2023
9 Mr James
Henson
13 Kilmahew Avenue, Cardross, G82
5NG
22.03.2023
10 Mrs Janet
Peattie
17 Napier Avenue, Cardross G82 5LY 31.03.2023
11 Mr John Young 5 Kilmahew Court, Cardross G82 5NJ  31.03.2023
12 Mrs Katherine
Cassell
Burnfoot Cottage, Peel Street,
Cardross G82 5LD
03.04.2023
13 Mr Mark
McGhee
32. Muirend Road, Cardross, G82
5LG
22.03.2023
14 Mrs Mhairi
Terrace
Westlade North, Darleith Road,
Cardross, G82 5PG
21.03.2023
15 Mr Michael
Hutcheson
30 Barrs Road, Cardross, G82 5PW 22.03.2023
16 Mr Michael
Veitch
3 Barrs Court, Cardross G82 5PP 06.03.2023

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17 Mr Paul D
Macfarlane
9 Mill Road, Cardross G82 5PQ 27.03.2023
18 Mr Paul Robb 10 Napier Avenue, Cardross G82 5LY  27.03.2023
19 Mr Peter
McPherson
32 Barrs Road, Cardross G82 5PW 31.03.2023
20 Mr Robert
Seaward
4 Barrs Court, Cardross G82 5PP 22.03.2023
21 Miss Sharon
Goodwin
Rosemount, Peel Street, Cardross,
Dumbarton, G82 5LD
12/04/2023
22 Mrs Stella
Kinloch
Craigend, Cardross G82 5EP 22.03.2023