Item 5c -DC23.072.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: DC23/072/FUL ITEM 5c
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Site Address Details Planning Authority: I West Dunbartonshire Council I Full postal address of the site (including postcode where available): Address 1: I FLAT 1 Address 2: I 14 CORNOCK STREET I Address 3: I Address 4: I Address 5: I Town/City/Settlement: I CLYDEBANK I Post Code: I G81 3BP I Please identify/describe the location of the site or sites I Northing I 671219 I Easting I 249799 I Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Changing the use of the property from residential to short term let Type of Application What type of application did you submit to the planning authority? * lg] Application for planning permission (including householder application but excluding application to work minerals). □ Application for planning permission in principle. Further application. □ Application for approval of matters specified in conditions. Page 2 of 4
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PLANNING APPLICATION: DC23/072/FUL
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PLANNING APPLICATION CONSULTATION RESPONSES DC23/072/FUL
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APPOINTED OFFICER’S DECISION: DC23/072/FUL
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RELEVANT POLICIES: DC23/072/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 13 – Sustainable Transport a) Proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs will be supported. This includes proposals: i. for electric vehicle charging infrastructure and electric vehicle forecourts, especially where fuelled by renewable energy. ii. which support a mode shift of freight from road to more sustainable modes, including last-mile delivery. iii. that build in resilience to the effects of climate change and where appropriate incorporate blue and green infrastructure and nature rich habitats (such as natural planting or water systems). b) Development proposals will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies and where appropriate they: i. Provide direct, easy, segregated and safe links to local facilities via walking, wheeling and cycling networks before occupation; ii. Will be accessible by public transport, ideally supporting the use of existing services; iii. Integrate transport modes; iv. Provide low or zero-emission vehicle and cycle charging points in safe and convenient locations, in alignment with building standards; v. Supply safe, secure and convenient cycle parking to meet the needs of users and which is more conveniently located than car parking; vi. Are designed to incorporate safety measures including safe crossings for walking and wheeling and reducing the number and speed of vehicles; vii. Have taken into account, at the earliest stage of design, the transport needs of diverse groups including users with protected characteristics to ensure the safety, ease and needs of all users; and viii. Adequately mitigate any impact on local public access routes.
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c) Where a development proposal will generate a significant increase in the number of person trips, a transport assessment will be required to be undertaken in accordance with the relevant guidance. d) Development proposals for significant travel generating uses will not be supported in locations which would increase reliance on the private car, taking into account the specific characteristics of the area. e) Development proposals which are ambitious in terms of low/no car parking will be supported, particularly in urban locations that are well-served by sustainable transport modes and where they do not create barriers to access by disabled people. f) Development proposals for significant travel generating uses, or smaller-scale developments where it is important to monitor travel patterns resulting from the development, will only be supported if they are accompanied by a Travel Plan with supporting planning conditions/obligations. Travel plans should set out clear arrangements for delivering against targets, as well as monitoring and evaluation. g) Development proposals that have the potential to affect the operation and safety of the Strategic Transport Network will be fully assessed to determine their impact. Where it has been demonstrated that existing infrastructure does not have the capacity to accommodate a development without adverse impacts on safety or unacceptable impacts on operational performance, the cost of the mitigation measures required to ensure the continued safe and effective operation of the network should be met by the developer. While new junctions on trunk roads are not normally acceptable, the case for a new junction will be considered by Transport Scotland where significant economic or regeneration benefits can be demonstrated. New junctions will only be considered if they are designed in accordance with relevant guidance and where there will be no adverse impact on road safety or operational performance. 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.
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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 30 – Tourism a) Development proposals for new or extended tourist facilities or accommodation, including caravan and camping sites, in locations identified in the LDP, will be supported. b) Proposals for tourism related development will take into account: i. The contribution made to the local economy; ii. Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors iii. Impacts on communities, for example by hindering the provision of homes and services for local people; iv. Opportunities for sustainable travel and appropriate management of parking and traffic generation and scope for sustaining public transport services particularly in rural areas; v. Accessibility for disabled people; vi. Measures taken to minimise carbon emissions; vii. Opportunities to provide access to the natural environment. c) Development proposals that involve the change of use of a tourism-related facility will only be supported where it is demonstrated that the existing use is no longer viable and that there is no requirement for alternative tourism-related facilities in the area. d) Proposals for huts will be supported where the nature and scale of the development is compatible with the surrounding area and the proposal complies with relevant good practice guidance. e) Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits
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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 LE 8 – Tourist Industry Development The Council will support applications for tourist industry developments throughout the Plan area conditional on the criteria below being satisfed. The Council recognises the Forth and Clyde Canal Corridor and the Lower Clyde and Firth of Clyde as Tourism Development Areas. All tourist related development proposals will be required to satisfy the following criteria: • there are no adverse environmental, landscape, infrastructure and transport implications; • it is shown there is a clear locational need; • it is established there is a signifcant economic beneft; • the proposal is compatible with Policy R 4 (within the Forth and Clyde Canal Corridor); and • the proposal conforms with other Local Plan policies. Proposed West Dunbartonshire Local Development Plan (LDP2, as modified 2020) Policy CP1 Creating Places
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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; 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.
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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 E6 – Tourism Development The development of new and existing tourist facilities will be supported and encouraged throughout the Council area where there would be no adverse effect on the integrity of a Natura 2000 site and they avoid adverse impacts on the green network and built heritage and are in accordance with other relevant policies within the plan.
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SUGGESTED CONDITIONS: DC23/072/FUL
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Condition 1 The check in/out hours and house rules set out in the Welcome Pack hereby approved shall be implemented in full, unless otherwise agreed with the Planning Authority. Reason: To safeguard residential amenity.