Document Pack (Bookmarked) LRB 29 11 23
West Dunbartonshire Council · 29 November 2023
Back to Local Review Body — 29 November 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Agenda Local Review Body Date: Wednesday, 29 November 2023 ___________________________________________________________________ Time: 10:00 ___________________________________________________________________ Venue: Civic Space, Council Offices, 16 Church Street, Dumbarton G82 1QL ___________________________________________________________________ Contact: Nicola Moorcroft, Committee Officer Nicola.moorcroft@west-dubnbarton.gov.uk committee.admin@west-dunbarton.gov.uk Dear Member Please attend a meeting of the Local Review Body as detailed above. The business is shown on the attached agenda. Yours faithfully PETER HESSET Chief Executive Page 1
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Distribution:- Councillor Lawrence O’Neill (Chair) Councillor Gurpreet Singh Johal (Vice Chair) Councillor Karen Murray Conaghan Councillor Ian Dickson Councillor Daniel Lennie Provost Douglas McAllister Councillor June McKay Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Date of issue: 15 November 2023 Page 2
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LOCAL REVIEW BODY WEDNESDAY, 29 NOVEMBER 2023 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in the item of business on this agenda and the reasons for such declarations. 3 PROCEDURE 5 - 6 Submit copy of Procedure to be followed at the meeting. 4 APPLICATION FOR REVIEW 7 - 48 Submit review papers, for the following planning application: DC23/055/FUL – Request planning permission for change of use of residential flat to short term let at 21F Townend Road, Dumbarton G82 2BA Page 3
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WEST DUNBARTONSHIRE COUNCIL LOCAL REVIEW BODY PROCEDURE TO BE FOLLOWED AT MEETING 1. The Chair will introduce himself and the Members of the Review Body. 2. The Planning Adviser will outline the details of the application. 3. The Members of the Local Review Body will then ask any appropriate questions to the officers present, i.e. Planning Adviser of the Local Review Body and Legal Adviser. 4. If the Local Review Body then considers that there is sufficient information from the material before it, including the notice of review, the decision notice, and report of handling, and any further representations from interested parties, it may proceed to determine the review. 5. The Chair and the other Members of the Review Body will consider the information before them in terms of the submission by the applicant, the interested parties including any statutory consultees or other parties who have made representations and the report of handling. 6. If the Local Review Body decides that it requires further information or representations before it can determine the review they should agree what form this information should take, i.e. • Site visit • Written submissions • The holding of one or more hearing sessions 6.1 Written Submissions: The Local Review Body can request written submissions from the applicant or appointed officer, any other body or person they wish to receive information from. The Local Review Body should decide the matters on which the written submissions should address. 6.2 Hearings: If the Local Review Body decides that it wishes to hold a hearing in respect of the case, it should determine what matters it would wish to be considered at the hearing. The hearing will comprise of the applicant, any interested party who made representations in relation to specified matters, the appointed officer and any other body or person from whom the Local Review Body wishes to receive further representations or to provide information on specified matters. ITEM 3 Page 5
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6.3 Site Inspection: If the Local Review Body decides to hold a site visit, it must decide if the site visit is to be unaccompanied or accompanied by the applicant and any other party the Local Review Body considers should attend. 7. The Local Review Body can also agree to appoint an assessor to advise on specific matters generally of a specialist or technical nature. Where an assessor is appointed, those entitled to a hearing will be advised of the name of the assessor and the matters which they are appointed to advise on. The assessor may make a written report to the review body after the close of the hearing, which will be made publicly available. 8. After the written submissions, hearing or site inspection, the Local Review Body will move to determine the review and will outline their reasons to approve or refuse the review case. Page 6
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APPLICATION FOR REVIEW: DC23/055/FUL ITEM 4 Page 7
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PLANNING APPLICATION: DC23/055/FUL Page 15
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PLANNING APPLICATION CONSULTATION RESPONSES DC23/055/FUL Page 26
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PLANNING APPLICATION REPRESENTATIONS DC23/055/FUL Page 29
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Comment on Planning Application About You Please provide details about yourself Forename * Susan Surname * Reid Address * 17D Townend Road Details Please provide details regarding this planning application Case Type FUL Comments * I'm very concerned that there are 2 separate things going on here. Firstly a change to the use of a flat in a residential building, and secondly it would appear that part of the adjoining garage area is to be made into a car hire place. I have objections because the building is residential and the renting out of a flat on short term basis means that there will be different people coming and going rather than staying on a long term basis. I'm also concerned about the effect this and the removal of some space in the garage area will have on parking which is already very difficult. Do you support the proposal No Page 30
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APPOINTED OFFICER’S DECISION: DC23/055/FUL Page 31
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RELEVANT POLICIES: DC23/055/FUL Page 40
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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 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. Page 41
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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). 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; Page 42
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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. 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; Page 43
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• 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: • 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 Page 44
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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 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. Page 45
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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. 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. Page 46
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SUGGESTED CONDITIONS: DC23/055/FUL Page 47
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1. Prior to the commencement of development, a Management Plan will be submitted for the written approval of the Planning Authority. Thereafter, the Management Plan will be implemented as approved. Reason: In the interest of amenity. Page 48