Item 5b - DC23.015.FUL Review Papers
West Dunbartonshire Council · 8 November 2023
Back to Local Review Body — 8 November 2023 and its agenda
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APPLICATION FOR REVIEW: DC23/015/FUL ITEM 5b
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REQUEST FOR REVIEW IN RESPECT OF THE REFUSAL OF AN APPLICATION FOR PLANNING PERMISSION FOR PROPOSED COACH HOUSE CONVERSION TO FORM NEW DWELLING HOUSE, LAND AT 61 BONHILL ROAD, DUMBARTON, G82 2DR (LPA REFERENCE DC23/015/FUL) GROUNDS FOR REVIEW 1. Site Description: l.1 The site the subject of the refused application is located to the side and the rear of an existing detached villa that is located on Bonhill Road in Dunbarton. The existing villa is set back from the road and sits within substantial garden grounds (see Figure 1 below). Figure 1: 61 Bon hill Road, Dumbarton l.2 The main building is not listed, and the review site .is not within a Conservation Area. 2. Proposed Development: 2.1 The development proposed is the sub-division of the plot, the conversion and extension of an existing coach house to form a new dwelling, and also the formation of a new vehicular access from Bonhill Road. The proposed new access would serve the existing villa and the existing access would serve the converted and extended coach house. 2.2 The coach house that would be extended and converted appears to Page I l
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have been erected at the same time as the main dwelling. It is built of a mixture of sandstone and brick and is under a slated roof. It is of 1 ½ storey construction and has a small mono-pitched extension to its east elevation. It is an attractive traditional building that is clearly worthy of retention (see Figure 2 below}. Figure 2: The Existing Coach House 3. Reasons for Refusal: 3.1 The review application was refused on 27 June 2023 for the following two reasons: "1. The conversion and extension of the coach house does not demonstrate an understanding of the local context as the subdivision of the plots is not in keeping with depth and ratio of rear garden plots on this part of Bonhi/1 Road. The proposal therefore does not accord with Policy 14 of the National Planning Framework 4, Policy CP 1 of the proposed West Dunbartonshire Local Development Plan 2 and the Creating Places Planning Guidance 2022. 2. The conversion and extension of the coach house does not enhance the residential character and amenity of the existing residential area due to the boundary wall required to create the subdivision and the close proximity of garden spaces. The proposal therefore does not accord with Policy HS of the adopted West Dunbartonshire Local Plan and H4 of the proposed West Page I 2
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Dunbartonshire Local Development Pion 2."
4. Relevant Development Plan Policies:
4.1 Section 25 of the Town and County Planning (Scotland) Act 1997 states
that "where in making any determination under the planning act regard is
to be had to the Development Plan, the determination shall be in
accordance with the plan unless material considerations indicate
otherwise".
4.2 The Development Pion relevant to the review application comprises the:
• The National Planning Framework (2023); and
• The West Dunbartonshire Local Plan (2010).
4.3 Section 13 of the Planning (Scotland) Act 2019 is now in force. This alters
Section 24 of the 1997 Act to state that in the event of 'any
incompatibility' between a provision of the National Planning Framework
('the NPF1 ) and a provision of a Local Development Plan ('the LDP'),
whichever of them is the later in date is to prevail.
4.4 The following policies of the adopted Development Plan are referred to in
the reasons for refusal:
The National Planning Framework (2023)
Policy 14 (Design, Quality and Place), which states that development
proposals will be designed to improve the quality of an area whether in
urban or rural locations and regardless of scale. Development proposals
will be supported where they are consistent with the six qualities of
successful places:
• Healthy: Supporting the prioritisation of women's safety and
improving physical and mental health.
• Pleasant: Supporting attractive natural and built spaces.
• Connected: Supporting well connected networks that make
moving around easy and reduce car dependency
• Distinctive: Supporting attention to detail of local architectural styles
and natural landscapes to be interpreted, literally or creatively, into
designs to reinforce identity.
• Sustainable: Supporting the efficient use of resources that will allow
people to live, play, work and stay in their area, ensuring climate
resilience, and integrating nature positive, biodiversity solutions.
• Adaptable: Supporting commitment to investing in the long-term
value of buildings, streets and spaces by allowing for flexibility so
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that they can be changed quickly to accommodate different uses as well as maintained over time. Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. West Dunbartonshire Local Plan (2010) Policy HS (Development within Existing Residential Areas), which states that the character and amenity of existing residential areas, identified on the Proposals Map, will be safeguarded and where possible enhanced. Development within existing residential areas will be considered against the following criteria: • the need to reflect the character of the surrounding area in terms of scale, density, design and materials; • the requirement to avoid over development which would have an adverse effect on local amenity, access and parking or would be out of scale with surrounding buildings; • the need to retain trees, hedgerows, open space and other natural features; • extensions to dwellings must complement the character of the existing building, particularly in terms of scale and materials, not dominate in terms of size or height, and not have a significantly adverse affect on neighbouring properties; • the subdivision of the curtilage of a dwelling for a new house should ensure that the proposed plot can accommodate a house and garden; the new house and garden to be of a scale and character appropriate to the neighbourhood; sufficient garden ground should be retained for the existing house; the privacy of existing properties should not be adversely affected and separate vehicular accesses should be provided; • with regard to non-residential uses, whether they can be considered ancillary or complementary to the residential area, and would not result in a significant loss of amenity to the surrounding properties. A significant loss of amenity might be expected • to occur as a result of increased traffic, noise, vibration, smell, artificial light, litter, hours of operation and general disturbance; and • the proposal conforms with other Local Plan policies. Proposed West Dunbartonshire Local Development Plan 2 4.5 The following policies of the proposed West Dunbartonshire Local Development Plan 2 are also referred to in the reasons for refusal. Whilst Page I 4
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this plan has not been adopted its policies are nevertheless a material consideration. Policy CP1 (Creating Places), which states that new development shall take a design led approach to creating sustainable places which put the needs of people first and demonstrate the six qualities of successful places. All new development is required to: a) Demonstrate an understanding of the local context and contribute positively towards the distinctive identity of West Dunbartonshire; retaining, reinforcing and responding to established patterns of development, natural features and the historic environment. b) Ensure that streets are safe, comfortable and attractive for all users; creating an accessible, inclusive and walkable network of streets and paths which consider the role of streets as places for people first. c) Green infrastructure must be an integral part of the design process for development from the outset; in line with the requirements set out in Policy CP2. d) Ensure that the layout and form of the development, including the relationship between the buildings, streets and spaces, protect and enhance the amenity of existing communities, future occupiers and neighbouring development sites. e) Ensure that the design and construction of new buildings and materials used are of a high quality, sustainable and suited to the climate and location; f) Provide sustainable design which supports waste reduction targets and reduce carbon emissions in the development's construction and end use. All new development is also required to accord with the guidance set out within the Creating Places Supplementary Guidance. Policy H4 (Residential Amenity), which states that the Council will protect, preserve and enhance the residential character and amenity of existing residentiaJ areas at all times. In this regard, there will be a general presumption against: a) Extensions to residential properties and/or outbuildings within the curtilage of the Plot, which would have adverse significant impacts upon neighbouring properties, including but not limited to, overshadowing, overlooking, overbearing, insufficient parking, and the character and appearance of the area; b) The establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on Page I 5
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local amenity or which cause unacceptable disturbance to local
residents;
c) The development for other uses on locally important areas of
recreational or amenity open space, which are not safeguarded or
covered by Policy GI 1, but significantly contribute to the character
and appearance of the residential area concerned, or which offer
opportunities for informal outdoor sport and recreation;
d) The removal of play equipment from areas of recreational open
space;
e) The closure or disruption of existing footpaths, which provide
important links between housing areas and areas of public open
space; local shops and other community facilities and
transportation nodes etc.
New housing developments will not be permitted in locations where
existing, established adjacent uses are likely to have an unacceptable
impact on the amenity of future residents.
5. Grounds for Review:
5.1 The Scottish Government have stated that planning should take a positive
approach to enabling high-quality development and making efficient use
of land to deliver long-term benefits for the public while protecting and
enhancing natural and cultural resources {former Scottish Planning Policy).
5.2 In this regard, whilst the following policies of the NPF were not referred to
in either of the reasons for refusal, they all strongly support the proposed
development:
Policy 9 (Brownfield, Vacant and Derelict Land and Empty Buildings),
which states that development proposals for the reuse of existing buildings
will be supported, taking into account their suitability for conversion to
other uses. Given the need to conserve embodied energy, demolition will
be regarded as the least preferred option.
Policy 12 (Zero Waste), which states that development proposals will be
supported where they reuse existing buildings and infrastructure.
Policy 15 (Local Living and 20 Minute Neighbourhoods), which states that
development proposals will contribute to local living including, where
relevant, 20 minute neighbourhoods. To establish this, consideration will
be given to existing settlement pattern, and the level and quality of
interconnectivity of the proposed development with the surrounding area,
including local access to:
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• Sustainable modes of transport including local public transport and safe, high quality walking, wheeling and cycling networks; • employment; • Shopping; • Health and social care facilities; • Childcare, schools and lifelong learning opportunities; • Playgrounds and informal play opportunities, parks, green streets and spaces, community gardens, opportunities for food growth and allotments, sport and recreation facilities; • Publicly accessible toilets; • Affordable and accessible housing options, ability to age in place and housing diversity. Policy 16 (Quality Homes), which states that development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, will be supported. This could include: i. Self-provided homes; ii. Accessible, adaptable and wheelchair accessible homes; 111. Build to rent; iv. Affordable homes; v. A range of size of homes such as those for larger families; vi. Homes for older people, including supported accommodation, care homes and sheltered housing; vii. Homes for people undertaking further and higher education; and viii. Homes for other specialist groups such as service personnel. 5.3 Given the age of the Council's Local Plan (adopted in 2010), and on the basis of the provisions of Section 13 of the Planning (Scotland) Act 2019, these NPF policies must now be given significant weight. 5.4 With respect to the review application, having regard to the above, the following are the issues that need to be addressed by the Council's Local Review Body: l. Would the proposal result in the beneficial reuse of an existing traditional building? 2. Is the proposed new dwelling in an appropriate location? 3. Is the subdivision of the plot in keeping with depth and ratio of other rear garden plots on this part of Bonhill Road. 4. Would the proposal, due to the boundary wall required to create the subdivision and the close proximity of garden spaces, affect the residential character and amenity of the existing residential area. Page I 7
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5.5 With respect to the first of these issues Policy 9 and Policy 12 of the NPF both state very clearly that development proposals for the reuse of existing buildings will be supported. As can be seen in Figure 2 above, and also Figure 3 below, the existing coach house is a unique and particularly attractive building. Every effort should therefore be taken to ensure that it can be retained and put to a new use. Figure 3: The Existing Coach House 5.6 With respect to the second issue, Policy 15 of the NPF states that development proposals should contribute to local living including, where relevant, 20 minute neighbourhoods. The intent of this policy is to encourage, promote and facilitate the application of the place principle and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. 5.7 In this context the review site is located less than l kilometre from the centre of Dumbarton, which provides for a range of services and employment and travel opportunities. Travel distances from the review site to the centre of Dumbarton are just 2 minutes by car or bicycle or 8 minutes on foot. The location of the proposed new dwelling is therefore strongly supported. 5.8 In addition to this, Policy 16 of the NPF supports development proposals that improve affordability and choice by being adaptable to changing and diverse needs. This will include self-provided homes that deliver a Page I 8
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rahge of size of homes such as those for larger families. The applicants currently live in the existing villa, which is now too large for their requirements. Should the review application be approved they would move into the extended and converted coach house. The existing villa would then be able to provide a new family home for a larger family. 5.9 All of the above policies of the NPF lend their support to the application proposal. The only NPF policy that Officers have alleged a conflict with is Policy 14, which relates to design, quality and place. This is however merely a 'high level' generic policy that simply states that all new development proposal should be designed to improve the quality of an area, whether in urban or rural locations, and regardless of scale, and that proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. 5.10 The Officers concerns in this regard relate only to the subdivision o·f the plot, and the proximity of the proposed garden spaces. It is stated in the reasons for refusal that the subdivision would adversely affect the residential character and amenity of the existing residential area. Officers have stated that for this reason the application proposal also conflicts with Policy HS of the 2010 adopted Local Plan, and Policy CPl of the Proposed Local Development Plan 2. 5.11 These policies when taken together require proposals to demonstrate an understanding of the local context, retaining, reinforcing and responding to established patterns of development, natural features and the historic environment. 5.12 As can be seen from figure 1 the rear garden grounds of the of the existing villa are already enclosed by a 2 meter high wall/gate. There are the ref ore no public views into what would become the curtilage of the new house that would be created by the conversion of the coach house. Given this, it is not possible to say that the subdivision would adversely affect the residential character and amenity of the existing residential area; no member of the public would even know that the subdivision had taken place. 5.13 With respect to the subdivision of the curtilage of a dwelling for a new house Policy HS of the adopted Local Plan states that applicants should ensure that the proposed plot can accommodate a house and garden; the new house and garden to be of a scale and character appropriate to the neighbourhood; sufficient garden ground should be retained for the existing house; the privacy of existing properties should not be adversely affected, and separate vehicular accesses should be provided. Page I 9
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5.14 As can be seen from the submitted plans (see Figure 4 below) the proposed new plot (shown edged in red) will be able to be provided with an appropriate amount of garden ground, whilst ensuring that the existing villa retains sufficient provision of amenity space to both the front and the rear (shown hatched in blue). With respect to the proposed plot ratio, it is considered that the new house and garden to be created would also be of a scale and character appropriate to the neighbourhood. �CCIICf'I� $£Al.f&flR 1.p figure 4: Proposed Site Plan© Clark Design r1=-- r .. r, e - --,rm.u1t.A.TO«om&MtD D CLA�K DESIGN �.._,,�k�Wft •••• T'H,11, .... � ��u.�1- ----...... MIL C.. SWElNet -PROPOSED COAa1 ttOUSf. CotlV'f'.AStON "TO l'OAM NEW OW'RUNO NCM»e: C1 IIOMtUU..AO.OOM6AATOM.C82 PAOPOSUJ 11&..0C.K fl'LUI l.1SOO • M n.8 tt 2022/11C,2m3 5.15 There would be no formal subdivision of the front garden grounds of the villa, i.e., there is no proposal to erect any kind of fence or wall that would physically separate the two plots. The only wall that is proposed (referred to in the second reason for refusal) would be to the rear of the existing wall/gate, so would not be visible from any public vantage point. It is also not considered that the subdivision would adversely affect the privacy of either the existing or the new dwelling. 5.16 Finally, the application proposal also includes the formation of a new vehicular access from Bonhill Road. The proposed new access would serve the existing villa and the existing access would serve the converted and extended coach house. Officers have no objections to this aspect of the application proposal, which is a requirement of Policy H5 of the adopted Local Plan. Page I 10
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6. Conclusi.ons: 6.1 In conclusion it is considered that the existing coach house is an attractive building that is of some historic importance. Both Policy 9 and Policy 12 of the recently adopted NPF both strongly support development proposals for the reuse of existing buildings, and both Policy 15 and Policy 16 of the NPF support proposals that would create new dwellings withing urban areas that are within walking and cycling distance of local services. Given the age of the Council's Local Plan the policies of the NPF should be given greater weight. 6.2 The Officer's primary concerns appear to be based on their view that the subdivision of the plot would somehow adversely affect the character and appearance of the area. These concerns cannot however be substantiated. As noted above there would be no physical subdivision of the front garden grounds of the existing villa, and there would be no public views into what would become the curfilage of the new house that would be created by the conversion of the coach house. From the public perspective, there would therefore be no change to the character and the appearance of the area. Given this, it is not considered that there would be any conflict with the provisions of Policy 14 of the NPF, Policy HS of the adopted Local Plan, or Policy CPl or Policy H4 of the Proposed Local Development Plan 2. Page I 11
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PLANNING APPLICATION: DC23/015/FUL
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PLANNING APPLICATION CONSULTATION RESPONSES DC23/015/FUL
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APPOINTED OFFICER’S DECISION: DC23/015/FUL
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RELEVANT POLICIES: DC23/015/FUL
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National Planning Framework 4 Policy 1 – Tackling the climate and nature crisis When considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 – Climate mitigation and adaptation a) Development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible. b) Development proposals will be sited and designed to adapt to current and future risks from climate change. c) Development proposals to retrofit measures to existing developments that reduce emissions or support adaptation to climate change will be supported. Policy 9 Brownfield, vacant and derelict land and empty buildings a) Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account. b) Proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. c) Where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use. d) Development proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. Given the need to conserve embodied energy, demolition will be regarded as the least preferred option. Policy 12 – Zero Waste a) Development proposals will seek to reduce, reuse, or recycle materials in line with the waste hierarchy. b) Development proposals will be supported where they: i. reuse existing buildings and infrastructure; ii. minimise demolition and salvage materials for reuse; iii. minimise waste, reduce pressure on virgin resources and enable building materials, components and products to be disassembled, and reused at the end of their useful life; iv. use materials with the lowest forms of embodied emissions, such as recycled and natural construction materials; v. use materials that are suitable for reuse with minimal reprocessing.
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c) Development proposals that are likely to generate waste when operational, including residential, commercial, and industrial properties, will set out how much waste the proposal is expected to generate and how it will be managed including: i. provision to maximise waste reduction and waste separation at source, and ii. measures to minimise the crosscontamination of materials, through appropriate segregation and storage of waste; convenient access for the collection of waste; and recycling and localised waste management facilities. d) Development proposals for waste infrastructure and facilities (except landfill and energy from waste facilities) will be only supported where: i. there are no unacceptable impacts (including cumulative) on the residential amenity of nearby dwellings, local communities; the transport network; and natural and historic environment assets; ii. environmental (including cumulative) impacts relating to noise, dust, smells, pest control and pollution of land, air and water are acceptable; iii. any greenhouse gas emissions resulting from the processing and transportation of waste to and from the facility are minimised; iv. an adequate buffer zone between sites and sensitive uses such as homes is provided taking account of the various environmental effects likely to arise; v. a restoration and aftercare scheme (including appropriate financial mechanisms) is provided and agreed to ensure the site is restored; vi. consideration has been given to co- location with end users of outputs. e) Development proposals for new or extended landfill sites will only be supported if: i. there is demonstrable need for additional landfill capacity taking into account Scottish Government objectives on waste management; and ii. waste heat and/or electricity generation is included. Where this is considered impractical, evidence and justification will require to be provided. f) Proposals for the capture, distribution or use of gases captured from landfill sites or waste water treatment plant will be supported. g) Development proposals for energy-from-waste facilities will not be supported except under limited circumstances where a national or local need has been sufficiently demonstrated (e.g. in terms of capacity need or carbon benefits) as part of a strategic approach to residual waste management and where the proposal: i. is consistent with climate change mitigation targets and in line with circular economy principles; ii. can demonstrate that a functional heat network can be created and provided within the site for appropriate infrastructure to allow a heat network to be developed and potential local consumers have been identified; iii. is supported by a heat and power plan, which demonstrates how energy recovered from the development would be used to provide electricity and heat and where consideration is given to methods to reduce carbon emissions of the facility (for example through carbon capture and storage) iv. complies with relevant guidelines published by Scottish Environment Protection Agency (SEPA); and v. has supplied an acceptable decarbonisation strategy aligned with Scottish Government decarbonisation goals.
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Policy 14 - Design, Quality and Place a) Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. b) Development proposals will be supported where they are consistent with the six qualities of successful places: • Healthy: Supporting the prioritisation of women’s safety and improving physical and mental health. • Pleasant: Supporting attractive natural and built spaces. • Connected: Supporting well connected networks that make moving around easy and reduce car dependency • Distinctive: Supporting attention to detail of local architectural styles and natural landscapes to be interpreted, literally or creatively, into designs to reinforce identity. • Sustainable: Supporting the efficient use of resources that will allow people to live, play, work and stay in their area, ensuring climate resilience, and integrating nature positive, biodiversity solutions. • Adaptable: Supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as maintained over time. Further details on delivering the six qualities of successful places are set out in Annex D. c) Development proposals that are poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places, will not be supported. Policy 15 – Local living and 20 minute neighbourhoods a) Development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to: • sustainable modes of transport including local public transport and safe, high quality walking, wheeling and cycling networks; • employment; • shopping; • health and social care facilities; • childcare, schools and lifelong learning opportunities; • playgrounds and informal play opportunities, parks, green streets and spaces, community gardens, opportunities for food growth and allotments, sport and recreation facilities; • publicly accessible toilets; • affordable and accessible housing options, ability to age in place and housing diversity.
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Policy 16 – Quality Homes a) Development proposals for new homes on land allocated for housing in LDPs will be supported. b) Development proposals that include 50 or more homes, and smaller developments if required by local policy or guidance, should be accompanied by a Statement of Community Benefit. The statement will explain the contribution of the proposed development to: i. meeting local housing requirements, including affordable homes; ii. providing or enhancing local infrastructure, facilities and services; and iii. improving the residential amenity of the surrounding area. c) Development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, will be supported. This could include: i. self-provided homes; ii. accessible, adaptable and wheelchair accessible homes; iii. build to rent; iv. affordable homes; v. a range of size of homes such as those for larger families; vi. homes for older people, including supported accommodation, care homes and sheltered housing; vii. homes for people undertaking further and higher education; and viii. homes for other specialist groups such as service personnel. d) Development proposals for public or private, permanent or temporary, Gypsy/Travellers sites and family yards and Travelling Showpeople yards, including on land not specifically allocated for this use in the LDP, should be supported where a need is identified and the proposal is otherwise consistent with the plan spatial strategy and other relevant policies, including human rights and equality. e) Development proposals for new homes will be supported where they make provision for affordable homes to meet an identified need. Proposals for market homes will only be supported where the contribution to the provision of affordable homes on a site will be at least 25% of the total number of homes, unless the LDP sets out locations or circumstances where: i. a higher contribution is justified by evidence of need, or ii. a lower contribution is justified, for example, by evidence of impact on viability, where proposals are small in scale, or to incentivise particular types of homes that are needed to diversify the supply, such as self-build or wheelchair accessible homes. The contribution is to be provided in accordance with local policy or guidance. f) Development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where: i. the proposal is supported by an agreed timescale for build-out; and ii. the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; iii. and either: · delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or · the proposal is consistent with policy on rural homes; or · the proposal is for smaller scale opportunities within an existing settlement boundary; or · the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan.
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g) Householder development proposals will be supported where they: i. do not have a detrimental impact on the character or environmental quality of the home and the surrounding area in terms of size, design and materials; and ii. do not have a detrimental effect on the neighbouring properties in terms of physical impact, overshadowing or overlooking. h) Householder development proposals that provide adaptations in response to risks from a changing climate, or relating to people with health conditions that lead to particular accommodation needs will be supported. Policy 22 – Flood risk and water management a) Development proposals at risk of flooding or in a flood risk area will only be supported if they are for: i. essential infrastructure where the location is required for operational reasons; ii. water compatible uses; iii. redevelopment of an existing building or site for an equal or less vulnerable use; or. iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that longterm safety and resilience can be secured in accordance with relevant SEPA advice. The protection offered by an existing formal flood protection scheme or one under construction can be taken into account when determining flood risk. In such cases, it will be demonstrated by the applicant that: • all risks of flooding are understood and addressed; • there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; • the development remains safe and operational during floods; • flood resistant and resilient materials and construction methods are used; and • future adaptations can be made to accommodate the effects of climate change. Additionally, for development proposals meeting criteria part iv), where flood risk is managed at the site rather than avoided these will also require: • the first occupied/utilised floor, and the underside of the development if relevant, to be above the flood risk level and have an additional allowance for freeboard; and • that the proposal does not create an island of development and that safe access/ egress can be achieved. b) Small scale extensions and alterations to existing buildings will only be supported where they will not significantly increase flood risk. c) Development proposals will: i. not increase the risk of surface water flooding to others, or itself be at risk. ii. manage all rain and surface water through sustainable urban drainage systems (SUDS), which should form part of and integrate with proposed and existing bluegreen infrastructure. All proposals should presume no surface water connection to the combined sewer; iii. seek to minimise the area of impermeable surface.
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d) Development proposals will be supported if they can be connected to the public water mains. If connection is not feasible, the applicant will need to demonstrate that water for drinking water purposes will be sourced from a sustainable water source that is resilient to periods of water scarcity. e) Development proposals which create, expand or enhance opportunities for natural flood risk management, including blue and green infrastructure, will be supported. Policy 23 – Health and safety a) Development proposals that will have positive effects on health will be supported. This could include, for example, proposals that incorporate opportunities for exercise, community food growing or allotments. b) Development proposals which are likely to have a significant adverse effect on health will not be supported. A Health Impact Assessment may be required. c) Development proposals for health and social care facilities and infrastructure will be supported. d) Development proposals that are likely to have significant adverse effects on air quality will not be supported. Development proposals will consider opportunities to improve air quality and reduce exposure to poor air quality. An air quality assessment may be required where the nature of the proposal or the air quality in the location suggest significant effects are likely. e) Development proposals that are likely to raise unacceptable noise issues will not be supported. The agent of change principle applies to noise sensitive development. A Noise Impact Assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. f) Development proposals will be designed to take into account suicide risk. g) Development proposals within the vicinity of a major accident hazard site or major accident hazard pipeline (because of the presence of toxic, highly reactive, explosive or inflammable substances) will consider the associated risks and potential impacts of the proposal and the major accident hazard site/pipeline of being located in proximity to one another. h) Applications for hazardous substances consent will consider the likely potential impacts on surrounding populations and the environment. i) Any advice from Health and Safety Executive, the Office of Nuclear Regulation or the Scottish Environment Protection Agency that planning permission or hazardous substances consent should be refused, or conditions to be attached to a grant of consent, should not be overridden by the decision maker without the most careful consideration. j) Similar considerations apply in respect of development proposals either for or near licensed explosive sites (including military explosive storage sites).
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Adopted West Dunbartonshire Local Plan 2010 Policy GD 1: Development Control All new development is expected to be of a high quality of design and to respect the character and amenity of the area in which it is located. Proposals will be required to: • be appropriate to the local area in terms of land use, layout and design (including scale, density, massing, height, aspect, effect on daylighting, crime prevention measures and privacy); developers will be required to submit design statements where appropriate; • be energy efficient, including considering options for micro-renewable technologies; • ensure that landscaping is integral to the overall design, that important landscape features and valuable species and habitats are conserved and where possible enhanced, and that there is an emphasis on native planting; • ensure that the value of the historic and natural environment is recognised, and is not devalued or threatened by the proposal; • ensure that open space standards are met; • assess and address any existing or potential increase in flood risk and/or environmental pollution, provide drainage consistent with Sustainable Urban Drainage Systems design guidance and ensure that suitable remediation measures are undertaken on contaminated sites; • demonstrate, where appropriate, that the development will not result in a negative impact on the water environment; • ensure that increases in traffic volumes and adverse impacts on air quality are avoided or minimised by including provision for public transport, pedestrian and cycling access, and considering the need for a Green Travel Plan; • meet the roads, parking and access requirements of the Council (particularly for disabled people and the emergency services) reflecting national guidance where appropriate; • consider the availability of infrastructure and the impact on existing community facilities; • minimise waste, and provide for the storage, segregation and collection of recyclable and compostable material; a Site Waste Management Plan may be required; and • be consistent with other Local Plan policies. Policy H5 Development within Existing Residential Areas The character and amenity of existing residential areas, identified on the Proposals Map, will be safeguarded and where possible enhanced. Development within existing residential areas will be considered against the following criteria:
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• the need to reflect the character of the surrounding area in terms of scale, density, design and materials; • the requirement to avoid over development which would have an adverse effect on local amenity, access and parking or would be out of scale with surrounding buildings; • the need to retain trees, hedgerows, open space and other natural features; • extensions to dwellings must complement the character of the existing building, particularly in terms of scale and materials, not dominate in terms of size or height, and not have a significantly adverse affect on neighbouring properties; • the subdivision of the curtilage of a dwelling for a new house should ensure that the proposed plot can accommodate a house and garden; the new house and garden to be of a scale and character appropriate to the neighbourhood; sufficient garden ground should be retained for the existing house; the privacy of existing properties should not be adversely affected and separate vehicular accesses should be provided; • with regard to non-residential uses, whether they can be considered ancillary or complementary to the residential area, and would not result in a significant loss of amenity to the surrounding properties. A significant loss of amenity might be expected to occur as a result of increased traffic, noise, vibration, smell, artificial light, litter, hours of operation and general disturbance; and • the proposal conforms with other Local Plan policies Policy R2 Open Space Provision In determining planning applications the Council will have due regard to the provision of open space as an integral part of the proposal. The Council’s aim is that there is a minimum provision of formal or maintained recreation and amenity open space of 2.4 ha per 1,000 population, of which 1.6 ha is for outdoor sport and 0.8 ha for children’s play space and amenity open space. Developers will be expected to provide open space in accordance with the above targets, unless it can be shown that such provision would be inappropriate for the scale or type of development proposed. Flexibility regarding the location, need and extent of open space provision may be acceptable if existing areas of open space are readily accessible from the development site and developers contribute to the provision or improvement of facilities in these areas. The table below indicates the level of provision or contribution for guidance purposes. The requirement for each different type of provision should be added together to provide the overall minimum provision. For the provision or improvement outwith the development site, Section 75 Agreements may be sought. In developments of less than 50 houses where it can be shown that the layout provides substantial garden areas or in developments of less than 10 houses where physical restrictions are such that open space cannot reasonably be provided on the site which is otherwise acceptable for residential development, then the Council may determine that the specifcations may not apply in whole or
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in part. Recreational open space areas may not be sought for sheltered/special needs housing. Proposed West Dunbartonshire Local Development Plan (LDP2, as modified 2020) Policy CP1 Creating Places New development shall take a design led approach to creating sustainable places which put the needs of people first and demonstrate the six qualities of successful places. All new development is required to: a) Demonstrate an understanding of the local context and contribute positively towards the distinctive identity of West Dunbartonshire; retaining, reinforcing and responding to established patterns of development, natural features and the historic environment. b) Ensure that streets are safe, comfortable and attractive for all users; creating an accessible, inclusive and walkable network of streets and paths which consider the role of streets as places for people first. c) Green infrastructure must be an integral part of the design process for development from the outset; in line with the requirements set out in Policy CP2. d) Ensure that the layout and form of the development, including the relationship between the buildings, streets and spaces, protect and enhance the amenity of existing communities, future occupiers and neighbouring development sites. e) Ensure that the design and construction of new buildings and materials used are of a high quality, sustainable and suited to the climate and location; f) Provide sustainable design which supports waste reduction targets and reduce carbon emissions in the development’s construction and end use. All new development is also required to accord with the guidance set out within the Creating Places Supplementary Guidance. Note: Until such times as the Creating Places Supplementary Guidance is adopted by the Council, the ‘Residential Development: Principles for Good Design’ Planning Guidance, which is non-statutory, should be referred to by landowners and/or developers. Policy H4: Residential Amenity The Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. In this regard, there will be a general presumption against: a) Extensions to residential properties and/or outbuildings within the curtilage of the Plot, which would have adverse significant impacts upon neighbouring properties, including but not limited to, overshadowing, overlooking, overbearing, insufficient parking, and the character and appearance of the area; b) The establishment of non-residential uses within, or in close proximity to, residential areas which potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents;
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c) The development for other uses on locally important areas of recreational or amenity open space, which are not safeguarded or covered by Policy G1, but significantly contribute to the character and appearance of the residential area concerned, or which offer opportunities for informal outdoor sport and recreation; d) The removal of play equipment from areas of recreational open space; e) The closure or disruption of existing footpaths, which provide important links between housing areas and areas of public open space; local shops and other community facilities and transportation nodes etc. New housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents. Policy GI2 Open Space Standards The Council will require new development to meet with the open space standards set out in Table 6 below. These standards should form part of the overall integrated green infrastructure design approach as required by Policy CP2: Green Infrastructure. Where a development has difficulty providing these standards on site, or where a relaxation of the standards can be justified, developers will require to accord with Policy G4 and provide a contribution towards the types of projects outlined within Table 7 and detailed in the Green Network and Green Infrastructure Supplementary Guidance. Policy GI4 Developer Contributions Where new residential development on its own, or in association with existing developments, will place additional demands on green infrastructure that would lead to a deficit in existing open space provision or necessitate new facilities, the Council will require the developer to meet or contribute towards the cost of providing or improving green infrastructure within the area. Developer contributions in this instance will apply to: • Smaller sites of less than 10 units where provision of on-site recreational green infrastructure is not possible; • Developments where meeting the green infrastructure standards for on site provision is not appropriate, e.g high density urban areas; • Where a development site is accessible to open spaces but those spaces are of a poor quality; and • Where development sites are accessible to good quality open spaces but a contribution to the green network is required to enhance its provision to the Central Scotland Green Network. Developer contributions will only be used for projects which relate to the development from which they were received, including in nature, scale and kind. The types of green infrastructure projects to be funded by developer
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contributions can be found in Table 7 of the Plan, below, and within Supplementary Guidance on Green Network and Green Infrastructure. Contributions for Strategic Green Infrastructure Projects will only be used for projects within the Ward areas that they are collected. All other contributions will be used for projects within the Community Council areas in which they are collected. Contributions sought under this policy will be waived or reduced only in exceptional circumstances – for example, where a developer demonstrates that their development would have exceptional development costs and/or overriding economic, social or other benefits. Discussions should be held with the Planning and Building Standards Service at an early stage to discuss the most appropriate mechanism for making a contribution. In most instances, financial contributions are required prior to any planning consent being issued. Note: In addition to any contributions made under Policy GI4, developers will require to meet the costs of providing the service infrastructure necessary for their development.