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West Dunbartonshire Council · 19 February 2024
Back to Local Review Body — 19 February 2024 and its agenda

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Agenda
Local Review Body
Date:  Monday, 19 February 2024
___________________________________________________________________
Time:  10:00
___________________________________________________________________
Venue:  Civic Space, Council Offices, 16 Church Street, Dumbarton
___________________________________________________________________
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
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Distribution:-
Councillor Lawrence O’Neill (Chair)
Councillor Gurpreet Singh Johal (Vice Chair)
Councillor Ian Dickson
Councillor Daniel Lennie
Provost Douglas McAllister
Councillor June McKay
Councillor Karen Murray Conaghan 
Councillor Chris Pollock
Councillor Hazel Sorrell
Councillor Sophie Traynor
All other Councillors for information
Date of issue: 7 February 2024
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LOCAL REVIEW BODY
MONDAY, 19 FEBRUARY 2024
AGENDA
1 APOLOGIES
2 DECLARATIONS OF INTEREST
Members are invited to declare if they have an interest in any of the items 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 MINUTES OF PREVIOUS MEETINGS  7 - 16 
Submit for approval as a correct record, the following Minutes of Meetings of
the Local Review Body (LRB):-
(a) 8 November 2023; and
(b) 29 November 2023
5 APPLICATION FOR REVIEW    17 - 130
Submit review papers, for the following planning applications:-
DC23/037/FUL – Request planning permission for change of use of the
property from Class 1 to sui generis hot food and takeaway at 6C Lomond
Drive, Dumbarton G82 3AS by Planning Services UK (c/o Mr P Landa).
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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
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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. 
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LOCAL REVIEW BODY
At a Meeting of the Local Review Body held in the Brock Meeting Room, Council
Offices, 16 Church Street, Dumbarton on Wednesday, 8 November 2023 at 10.00
a.m.
Present: Councillors Karen Murray Conaghan, Daniel Lennie, June
McKay, Lawrence O’Neill, Hazel Sorrell and Sophie Traynor.
Attending: Alan Williamson, Planning Adviser; Matthew Spurway
Planning Adviser; Cameron Clow, Planning Adviser; Nigel
Ettles, Legal Adviser and Nicola Moorcroft, Committee
Officer.
Also attending: Mr R Wylde and Mr G Sweeney (Applicant).
Apologies: Apologies were intimated on behalf of Provost Douglas
McAllister and Councillors Ian Dickson, Gurpreet Singh Johal
and Chris Pollock.
Councillor Lawrence O’Neill in the Chair
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in any of the items of
business on the agenda.
PROCEDURE
A copy of Procedure to be followed at the meeting was submitted and noted.
MINUTES OF PREVIOUS MEETING
The Minutes of Meeting of the Local Review Body (LRB), held on 23 August 2023
were submitted and approved as a correct record.
ITEM 4a
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APPLICATIONS FOR REVIEW 
(a) DC22/064/FUL – Installation and erection of an anemometer mast up to 100
metres in height, guyed with a lattice tower. Guy wires to be orientated at 45,
165 and 285 degrees at land at Merkins Farm, Auchincarroch Road,
Jamestown, Alexandria - Flat area of rough grazing moorland at an elevation
of 268m approximately 3.35km northeast of the settlement of Bonhill and
1.55km east of Pappert Hill. 
Review papers were submitted for the above application.
Following discussion and having considered all of the information before it,
the LRB agreed that it did not have enough information to make a decision, on
this application, at this moment in time. The Local Review Body would request
a written submission, from the applicant, regarding questions raised and
would reconvene, to consider the response received and the Review of
Planning Application Reference DC22/064/FUL. 
ADJOURNMENT 
The Chair adjourned the meeting for a short recess. The meeting reconvened at
11.16 a.m. with the Elected Members listed in the sederunt present. 
(b) DC23/015/FUL – Proposed coach house conversion to form new dwelling
house at site at 61 Bonhill Road, Dumbarton, G82 2DR. 
Review papers were submitted for the above application. 
Following discussion and having considered all of the information before it,
the LRB agreed to overturn the determination of the Appointed Officer and
that planning permission be granted, subject to conditions as shown in
Appendix 1 to these Minutes and subject to a contribution of £1710 towards
green network enhancement being secured. 
(c) DC23/072/FUL – Change of use of the property from residential to short term
let at Flat 1, 14 Cornock Street, Clydebank, G81 3BP. 
Review papers were submitted for the above application. 
Following discussion and having considered all of the information before it,
the LRB agreed to overturn the determination of the Appointed Officer and
that planning permission be granted, subject to conditions as shown in
Appendix 2 to these Minutes. 
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The meeting closed at 11.58 a.m. 
RECONVENED MEETING 
The meeting of the Local Review Body reconvened in the Bridge Meeting Room, 16
Church Street, Dumbarton, on Wednesday 20 December 2023 at 10.00 a.m. 
Present: Councillors Karen Murray Conaghan, June McKay, Lawrence
O’Neill, Hazel Sorrell, and Sophie Traynor. 
Attending:  Alan Williamson, Planning Adviser; Cameron Clow,
Planning Adviser; Nigel Ettles, Legal Adviser; and Nicola
Moorcroft, Committee Officer. 
Apologies: Apologies were intimated on behalf of Provost Douglas
McAllister and Councillors Ian Dickson, Gurpreet Singh Johal,
Chris Pollock and Daniel Lennie. 
APPLICATION FOR REVIEW: DC22/064/FUL – INSTALLATION AND ERECTION OF
AN ANEMOMETER MAST UP TO 100 METRES IN AT LAND AT MERKINS FARM,
AUCHINCARROCH ROAD, JAMESTOWN, ALEXANDRIA 
Review papers and additional information were submitted for the above application. 
Mr Clow, Planning Adviser, presented the additional information provided by the
applicant. 
Members agreed that they now had sufficient information to enable them 
to determine the review. 
Having considered all of the information before it, the LRB agreed to overturn the
determination of the Appointed Officer and that planning permission be granted,
subject to conditions as shown in Appendix 3 to these Minutes. 
Meeting closed at 10.22 a.m. 
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APPENDIX 1 
DC23/015/FUL – Proposed coach house conversion to form new dwelling
house at site at 61 Bonhill Road, Dumbarton, G82 2DR. 
1.  Not withstanding the approved plans, the new driveway and vehicle parking
spaces approved as part of this permission shall be created and brought into use
prior to works commencing on the conversion of the coach house. Thereafter the
driveway and vehicle parking spaces shall remain for the lifetime of the development. 
Reason: In order to ensure that there is sufficient vehicle parking space within the
site. 
2.  Prior to occupation, the wall as shown on drawing 2202/1252/02 Rev A proposed
Plans and Elevations, which separates the coach house and 61 Bonhill Road shall
be constructed. Thereafter the wall shall remain for the lifetime of the development. 
Reason: In order to protect amenity for both properties. 
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APPENDIX 2 
DC23/072/FUL – Change of use of the property from residential to short term
let at Flat 1, 14 Cornock Street, Clydebank, G81 3BP. 
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. 
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APPENDIX 3 
1. The permission hereby granted shall be valid for a period of 5 years (from the date
of the granting of planning permission). On expiry of this period (unless a
subsequent application for full planning permission has been granted) the
anemometer mast shall be removed from site, the use of the site shall cease and the
site shall be restored and reinstated in accordance with a scheme, which shall be
submitted to the Planning Authority not later than 6 months prior to the expiry date of
this permission. The scheme shall not be implemented until the Planning Authority
has given its written approval and all reinstatement works shall be carried out by the
end of the first planting season following the use of the site ceasing unless otherwise
approved in writing by the Planning Authority.   
Reason: As the development is temporary in nature and to ensure the satisfactory
reinstatement of the land when the use ceases. 
2. No development shall commence until confirmation of the size and weight of
vehicles to be used in construction and maintenance, the route for delivery of
components and maintenance and number of vehicle movements has been
submitted to and approved in writing by the Planning Authority.   
Reason: In the interests of minimising ground disturbance and protecting sensitive
habitats. 
3. Notwithstanding the approved documents, the guy wires of the mast shall be
marked with bird deflectors as soon as they are erected on site and shall be
maintained with bird deflector tags throughout the life of the development. 
Reason: In order to limit potential bird and bat strikes on the guy wires. 
4. The development hereby approved shall only take place outside the period 15th
April to the 31st July inclusive unless otherwise approved in writing by the Planning
Authority following the submission of further site specific 
information/surveys and a detailed mitigation plan that sets out how any bird nest
sites discovered will be protected from disturbance.   
Reason: To protect birds during the breeding season. 
5. The developer shall secure the implementation of an archaeological watching
brief, to be carried out by an archaeological organisation acceptable to the Planning
Authority, during all ground disturbance. The retained archaeological organisation
shall be afforded access at all reasonable times and allowed to record, recover and
report items of interest and finds. A method statement for the watching brief shall be
submitted to and agreed in writing by the Planning Authority in consultation with the
West of Scotland Archaeology Service prior to commencement of the watching brief. 
The name of the archaeological organisation retained by the developer shall be
given to the Planning Authority and to the West of Scotland Archaeology Service in
writing not less than 14 days before development commences. 
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Reason: order to ensure that the archaeological potential of the site is fully
understood and investigated prior to the development being undertaken. 
6. Notwithstanding the approved plans, obstacle lights shall be placed on the mast.
These obstacle lights shall be steady state red lights with a minimum intensity of
2000 candelas. Periods of illumination of obstacle lights, obstacle light locations and
obstacle light photometric performance shall all be in accordance with the
requirements of 'CAP168 Licensing of Aerodromes'.   
Reason: Permanent illuminated obstacle lights are required on the development to
avoid endangering the safe movement of aircraft and the operation of Glasgow
Airport.
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LOCAL REVIEW BODY
At a Meeting of the Local Review Body held in the Civic Space, Council Offices, 16
Church Street, Dumbarton on Wednesday, 29 November 2023 at 10.00 a.m.
Present: Councillors Karen Murray Conaghan, Ian Dickson, Gurpreet
Singh Johal, June McKay, Lawrence O’Neill and Chris Pollock,
Attending: Alan Williamson, Planning Adviser; Nigel Ettles, Legal
Adviser and Nicola Moorcroft, Committee Officer.
Also attending: Ms K McCarthy (agent)
Apologies: Apologies were intimated on behalf of Provost Douglas
McAllister and Councillors Daniel Lennie, Hazel Sorrell and
Sophie Traynor.
Councillor Lawrence O’Neill in the Chair
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in any of the items of
business on the agenda.
PROCEDURE
A copy of Procedure to be followed at the meeting was submitted and noted.
APPLICATION FOR REVIEW
DC23/055/FUL – Planning permission for change of use of residential flat to
short term let at 21F Townend Road, Dumbarton G82 2BA.
Review papers were submitted for the above application.
Following discussion and having considered all of the information before it, the Local
Review Body agreed to overturn the determination of the Appointed Officer and that
planning permission be granted, subject to condition as shown in Appendix 1 to
these Minutes
ITEM 4b
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The meeting closed at 10.28 a.m. 
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APPENDIX 1
DC23/055/FUL – Planning permission for change of use of residential flat to
short term let at 21F Townend Road, Dumbarton G82 2BA.
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.
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APPLICATION FOR REVIEW:
DC23/037/FUL 
ITEM 5
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1 
APPEAL STATEMENT FOR
CHANGE OF USE FROM RETAIL
SHOP (CLASS 1A) TO HOT FOOD
TAKEAWAY (SUI GENERIS) AND
ASSOCIATED WORKS
On behalf of Mr Fereydun Bahrami, at 6C
Lomond Drive, Dumbarton G82 3AS
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2 
1.0 BACKGROUND
The application relates to a vacant unit forming one of three commercial buildings
in the northern suburb of Bellsmyre, Dumbarton. The unit, found in the middle of
the block, was until recently used as a Class 1 A retail shop previously occupied by
a convenience store and, more recently, a deli and food shop. The application
building faces onto a residential street with limited uncontrolled parking on either
side of the road. 
Opposite the street, a building of similar proportions currently operates as a
convenience store and local supermarket, most recently under the Morrisons Daily
branding. Notably, on-street parking bays adjacent to both buildings enhance
accessibility and convenience for patrons and visitors. 
From a logistical perspective, the street's design is noteworthy. To the south, it
extends into a residential cul-de-sac, complete with a roundabout, facilitating
efficient and safe vehicular movement by allowing entry and exit in forward gear.
This contributes to the smooth and safe traffic flow and enhances the area's
safety. 
To the north, the street meets a T-junction, opposite which lies a series of semi-
detached dwelling houses. This juxtaposition of a commercial hub and residential
area offers a unique dynamic, potentially beneficial for businesses seeking high
visibility while maintaining a community-centric location. 
The property's rear overlooks a grass-covered open space along Bellsmyre
Avenue. It should be noted that there are no parking restrictions on Bellsmyre
Avenue, Lomond Drive or Carman View. 
In conclusion, the property's strategic positioning, the well-designed urban layout,
and the balance of commercial and residential elements make it an ideal location
for businesses seeking a blend of high visibility, accessibility, and community
engagement." 
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3 
The building has a floor area of approximately 90sqm and extends to a height of
approx. 4.7m, same as that of the adjacent two units. The building is of masonry
construction with the walls finished externally in white roughcast. Access is via a
door on the front elevation; two windows can be found to its right. All of this
fenestration features shutters. 
Figure 1: Site Location
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4 
2.0 REASON FOR REFUSAL 
Traffic and parking - parking is limited at the location and can be very busy, given
the demand generated by the currently operating adjacent uses, particularly
during delivery time. Concern is also expressed over emergency vehicle access
in the street, which may become potentially obstructed. 
Overprovision and clustering - there are already no. five hot food takeaways in
the area, with no. two in the units adjacent to the application site. 
Waste removal and littering - concern has been expressed over the currently
experienced noise levels when refuse is picked up from the neighbouring
businesses during anti-social hours by commercial waste companies and
littering by those using the existing takeaways.
RESPONSE
There are no parking restrictions in the vicinity of this area, allowing both delivery
vehicles and customers the flexibility to park in accordance with their needs
(please refer to Appendix 1 for additional details). The concerns about traffic and
parking constraints at the location are not valid reasons for refusal; in 2010, the
Designing Streets policy emphasised reducing the dominance of motor vehicles.
This is a material planning consideration and should have been considered when
determining this Planning application. 
The National Planning Framework 4 (NPF4) in Scotland includes a policy on "20-
minute neighbourhoods," which is part of a broader strategy to promote local
living and sustainable community development. 
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5 
Policy Framework: 
Policy 15: 
Within NPF4, Policy 15 specifically addresses local living and the concept of 20-
minute neighbourhoods. It outlines a range of services and amenities that should
be considered by development proposals to contribute to this concept. 
Adoption and Purpose: 
NPF4, including the 20-minute neighbourhoods’ policy, was officially adopted and
published by the Scottish Ministers in February 2023. The policy aims to create
places where people can meet most of their daily needs within a reasonable
distance from their homes; this includes Takeaway facilities using sustainable
modes of transportation like walking, cycling, public transport, or mobility
scooters. 
Integrated Planning Approach: 
It promotes an integrated approach to planning housing and local infrastructure,
including schools, community centres, shops, and health and social care facilities. 
Quality of Life and Sustainability: 
The primary aim of the policy is to prioritise quality of life, address inequalities,
improve health and well-being, and respond to the climate emergency by reducing
dependency on motor vehicles and promoting sustainable living. 
Significance
The 20-minute neighbourhoods policy in NPF4 represents a significant shift in
urban and community planning in Scotland, focusing on creating more
sustainable, accessible, and liveable communities. This approach aligns with
global urban planning trends emphasising walkability, local accessibility, and
environmental sustainability. 
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6 
The Case Against Local Planning Authority Interference in Free Market Decisions
within Shopping Areas. 
The argument against local planning authority interference in the free market,
specifically in restricting the types of establishments that can open in local
shopping areas, is rooted in market efficiency and consumer choice principles.
Central to this argument is the belief that the free market, when left to its own
devices, is the best determinant of which businesses should operate in any given
area based on consumer demand and market dynamics. 
Firstly, proponents of minimal planning interference assert that the market
naturally adapts to consumer needs and preferences. When a planning authority
restricts certain establishments, it potentially limits the market's ability to respond
to consumer demands. This restriction could lead to a mismatch between what is
available and what consumers want or need, resulting in inefficiencies and even
economic downturns in local shopping areas. 
Secondly, unrestricted market competition fosters innovation and diversity. By
allowing various types of businesses to compete, consumers benefit from a wider
range of choices, better quality, and potentially lower prices. Restrictions imposed
by local planning authorities can stifle this competition and innovation, leading to
a homogeneous and possibly less vibrant shopping environment. 
Additionally, there's an argument related to the economic principle of supply and
demand. In a free market, the types and numbers of establishments in a shopping
area would naturally align with consumer demand. Over-supply or under-supply,
often a concern for planning authorities, would be self-regulated by market forces.
For instance, if there's an oversupply of a particular type of business, market
competition would naturally weed out the less successful ones, bringing balance
without external intervention. 
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7 
Furthermore, planning restrictions can lead to unintended negative consequences.
For example, overly stringent zoning or business type restrictions can deter new
businesses from entering the market, potentially leading to higher vacancy rates
and a decline in the overall economic health of the shopping area. 
In conclusion, while some level of oversight and planning is necessary to ensure
orderly development and adherence to broader community goals, excessive
interference in the types of businesses allowed in local shopping areas can be
counterproductive. A more market-oriented approach, which respects consumer
choice and market forces, might lead to more vibrant, diverse, and economically
successful shopping areas. 
Noise Levels During Refuse Pickup:
Advancements in Quiet Collection Technologies significantly reduce noise
pollution during waste collection. Modern waste collection vehicles and
technologies are designed to operate more quietly, mitigating the disturbance
caused during anti-social hours. 
If this had been highlighted, we could have implemented a Scheduled Timing
system to ensure that waste pickup occurs during more sociable hours, thereby
reducing noise disturbance to the community. 
Littering Concerns from Takeaways:
Material Planning Considerations:
The problem of litter management is not a material planning consideration; we
were interested in a WordPress page by West Dumbartonshire councillor Martin
Rooney, which states. 
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8 
What are the material considerations for planning applications dated 3rd March
2021?
Material considerations
There is no statutory definition of what constitutes a material consideration, but
there are two main tests for deciding whether a consideration is material and
relevant: 
It should serve or be related to the purpose of planning. Therefore, it should be
related to the development and use of land and fairly and reasonably relate to the
particular application. As litter comes from multiple sources, this cannot be
directly attributed to this application and, therefore, cannot be used as a material
planning consideration. 
Precedent
There is also the Precedent for other takeaway establishments in the area. Were
these concerns put to the other retailers, and were environmental services
involved? 
Regulatory Compliance and Monitoring:
Environmental Regulations will ensure compliance with noise pollution and waste
management standards. These can be conditioned into any approval given. 
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9 
3.0 SUMMARY 
This appeal challenges the decision to refuse the change of use from Class 1
(Retail) to Sui Generis (Takeaway Establishment), highlighting the inconsistency in
the application of planning policies. The presence of multiple takeaway
establishments within the same area has already set a precedent, raising
questions about the equitable application of planning criteria across similar
businesses. 
Key points include: 
1. Precedent of Existing Takeaways: The area already hosts several takeaway
outlets, suggesting a precedent that supports such a use change. This raises
questions about the fairness and consistency in the application of planning
policies. 
2. Comparative Analysis of Other Retailers: There is a need to understand
whether the concerns cited in our case were equally applied to other retailers who
transitioned to takeaway establishments. This includes examining if similar
objections were raised and how they were addressed. 
3. Involvement of Environmental Services: Were environmental services in the
decision-making process? Were they consulted for other establishments? If so,
what role did they play, and how did their input influence previous decisions? 
This appeal seeks to question the planning decision made by the delegated
officer, we also question were other applications in the area made on a fair,
consistent, and transparent basis, aligning with the broader community and
commercial interests. 
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10 
Taking all of the above into account, we are of the opinion that planning should be
consented to, and the appeal should be upheld. 
Planning Services UK Teams
Planning Consultant
Planning-applications@planning-services.co.uk 
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11 
4.0 APPENDIX 1 
Location: Rear side of Lucky Cat Takeaway 
Location: In front of the establishment, specifically at the Morrison location, there
are a maximum of 4-6 parking bays available, all of which are not subject to any
parking restrictions. Additionally, at the proposed site for Barbeque King and the
Lucky Cat, similar to the Morrison location, 4-6 parking bays are provided for
convenience. There is no issue with parking space. 
1
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12 
2
3
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13 
The width of the space between the truck and the car (3.7 metres) confidently
ensures enough clearance for the unobstructed passage of an ambulance or any
other emergency vehicle. 
1
2
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14 
Parking is readily accessible on the street, provided that it does not impede traffic
flow or emergency access. 
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15 
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REVIEW CORRESPONDENCE: 
DC23/037/FUL 
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No review correspondence received 
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PLANNING APPLICATION: 
DC23/037/FUL
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PLANNING APPLICATION CONSULTATION
RESPONSES 
DC23/037/FUL
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PLANNING APPLICATION REPRESENTATIONS 
DC23/037/FUL
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
Min jie 
Surname *
Guo 
Address *
6C lomond drive 
Dumbarton G82 3AS
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
No proposal 
Do you support the proposal
No 
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
Darren 
Surname *
Smith 
Address *
66
Lomond Drive
Dumbarton
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
There are 2 current fast food outlets as well as a convenience store already located within the boundaries of Lomond
Drive as well as 3 fast food outlets nearby so I don't think it is necessary to add another. Parking in Lomond drive is
already an issue for residents and visitors and those making use of the fast food outlets etc.
There will inevitably be an increase in waste discarded on the street as well as the disturbance caused by early
morning waste removal (usually around 3am for Barbeque Kings and 5am for Morrisons) by commercial waste
companies. 
There is also the increased risk of antisocial behaviour caused by youths loitering in the vicinity due to the presence
of yet another fast food outlet. 
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Comment on Planning Application
Do you support the proposal
No 
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
Donalda 
Surname *
Clifford 
Address *
2 Lomond Drive
Bellsmyre
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
There are already 2 fast food takeaways on the street plus 3 within walking distance, and parking is very limited as
it is without another takeaway and street is always really busy , and deliveries take place at all times and people park
inappropriately which is a hazard and could be problematic if we needed emergency services 
Do you support the proposal 
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
Emma 
Surname *
Liddell 
Address *
40 hawatshaws road 
Bellsmyre 
G82 3DD
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
No happy with more fast food! In scheme 
Do you support the proposal
No 
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
shahid 
Surname *
hussain 
Address *
6-4 lomond drive
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
I am not happy next door to have permission their is limited space for parking as their is already 5 hot food shops and
already to much compition 
Do you support the proposal
No 
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
syed tuseef ahsan 
Surname *
shah 
Address *
6A lomond drive
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
there is already 5 hot food shops in a walking distance small scheem and parking issue aswell we are not happy to
give them permission thanks 
Do you support the proposal
No 
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Comment on Planning Application
About You  
Please provide details about yourself
Forename *
Sarah 
Surname *
McKechnie 
Address *
88 Bellsmyre Avenue
Details
Please provide details regarding this planning application
Case Type
FUL 
Comments *
I would like to request this application to be rejected on the basis that the street itself has 4 retail units in situ.  Only
a few amount of parking bays are available which restrict people like myself to park due to my disability and not
enough disabled parking bays.  There if not sufficent parking available at present with the current retail stores insitu
nor parking is available at the rear of the property either to allow additional parking options. 
The amount of traffic that comes out of this little residential street is immense.   
The  young children tend to gather around the takeaway and shop area which further increases the anti social
behaviour in this area.   
I would be grateful for consideration on rejecting the application on the basis of: 
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Comment on Planning Application
anti-social behaviour increasing
parking restrictions
no additional disabled parking bays available
this is a private reisdential street
increase in food waste in the streets which will impact the council further 
Do you support the proposal
No 
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APPOINTED OFFICER’S DECISION: 
DC23/037/FUL 
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RELEVANT POLICIES: 
DC23/037/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 3 – Biodiversity
a. 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. 
b. Development proposals for national or major development, or for
development that requires an Environmental Impact Assessment will only
be supported where it can be demonstrated that the proposal will
conserve, restore and enhance biodiversity, including nature networks so
they are in a demonstrably better state than without intervention. This will
include future management. To inform this, best practice assessment
methods should be used. Proposals within these categories will
demonstrate how they have met all of the following criteria: 
i. the proposal is based on an understanding of the existing
characteristics of the site and its local, regional and national
ecological context prior to development, including the presence of
any irreplaceable habitats; 
ii. wherever feasible, nature-based solutions have been integrated
and made best use of; 
iii. an assessment of potential negative effects which should be fully
mitigated in line with the mitigation hierarchy prior to identifying
enhancements; 
iv. significant biodiversity enhancements are provided, in addition to
any proposed mitigation. This should include nature networks,
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linking to and strengthening habitat connectivity within and beyond
the development, secured within a reasonable timescale and with
reasonable certainty. Management arrangements for their long-
term retention and monitoring should be included, wherever
appropriate; and 
v. local community benefits of the biodiversity and/or nature networks
have been considered. 
c. Proposals for local development will include appropriate measures to
conserve, restore and enhance biodiversity, in accordance with national
and local guidance. Measures should be proportionate to the nature and
scale of development. Applications for individual householder
development, or which fall within scope of (b) above, are excluded from
this requirement. 
d. Any potential adverse impacts, including cumulative impacts, of
development proposals on biodiversity, nature networks and the natural
environment will be minimised through careful planning and design. This
will take into account the need to reverse biodiversity loss, safeguard the
ecosystem services that the natural environment provides, and build
resilience by enhancing nature networks and maximising the potential for
restoration. 
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 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. 
Policy 22 – Flood risk and water management
b) 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
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where proposals demonstrate that long-term 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. 
c) Small scale extensions and alterations to existing buildings will only be
supported where they will not significantly increase flood risk. 
d) 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 blue-green infrastructure. All proposals
should presume no surface water connection to the combined
sewer; 
iii. seek to minimise the area of impermeable surface. 
e) 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. 
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f) 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. 
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j) Similar considerations apply in respect of development proposals either
for or near licensed explosive sites (including military explosive storage
sites). 
Policy 27 – City, town local and commercial centres 
a) Development proposals that enhance and improve the vitality and viability
of city, town and local centres, including proposals that increase the mix of
uses, will be supported. 
b) Development proposals will be consistent with the town centre first
approach. Proposals for uses which will generate significant footfall,
including commercial, leisure, offices, community, sport and cultural
facilities, public buildings such as libraries, education and healthcare
facilities, and public spaces:
i. will be supported in existing city, town and local centres, and 
ii. will not be supported outwith those centres unless a town centre
first assessment demonstrates that: 
• all centre and edge of centre options have been sequentially
assessed and discounted as unsuitable or unavailable;
• the scale of development cannot reasonably be altered or
reduced in scale to allow it to be accommodated in a centre;
and
• the impacts on existing centres have been thoroughly
assessed and there will be no significant adverse effect on
the vitality and viability of the centres. 
Town Centre First Assessment
For development proposals which are out of city/town centre and
which will generate significant footfall a Town Centre First
Assessment will be provided. Applicants should agree the data
required with the planning authority before undertaking the
assessment, and should present information on areas of dispute in
a succinct and comparable form. 
The town centre first assessment should: 
 identify the potential relationship of the proposed
development with the network of centres identified in the
LDP;
 demonstrate the potential economic impact of the
development and any possible displacement effects,
including the net impact on jobs; and
 consider supply chains and whether local suppliers and
workers will be a viable option; and
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 the environmental impact of transporting goods and of staff
and visitors travelling to the location.
 The town centre first assessment should be applied flexibly
and realistically for community, education, health and social
care and sport and leisure facilities so that they are easily
accessible to the communities they are intended to serve. 
c) Development proposals for non-retail uses will not be supported if further
provision of these services will undermine the character and amenity of
the area or the health and wellbeing of communities, particularly in
disadvantaged areas. These uses include:
i. Hot food takeaways, including permanently sited vans; 
ii. Betting offices; and 
iii. High interest money lending premises. 
d) Drive-through developments will only be supported where they are
specifically supported in the LDP. 
Town centre living
e) Development proposals for residential development within city/town
centres will be supported, including:
i. New build residential development.
ii. The re-use of a vacant building within city/town centres where it can
be demonstrated that the existing use is no longer viable and the
proposed change of use adds to viability and vitality of the area.
iii. The conversion, or reuse of vacant upper floors of properties within
city/town centres for residential. 
f) Development proposals for residential use at ground floor level within
city/town centres will only be supported where the proposal will:
i. retain an attractive and appropriate frontage;
ii. not adversely affect the vitality and viability of a shopping area or
the wider centre; and
iii. not result in an undesirable concentration of uses, or ‘dead
frontages’. 
g) Development proposals for city or town centre living will take into account
the residential amenity of the proposal. This must be clearly demonstrated
where the proposed development is in the same built structure as:
i.  a hot food premises, live music venue, amusement arcade/centre,
casino or licensed premises (with the exception of hotels,
restaurants, cafés or off licences); and/or
ii.  there is a common or shared access with licenced premises or
other use likely to be detrimental to residential amenity.
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West Dunbartonshire Local plan 
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 food 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 RET 7 - Local Centres
Within the Local Centres defined on the Proposals Map, the Council will seek to
protect and enhance vitality and viability by encouraging improvement to the
existing floorspace and supporting the establishment of new uses where
appropriate. Applications for any change of use from a shop (Class 1 of the Use
Classes Order) to another use will be supported where it can be satisfactorily
demonstrated that such a change would enhance the centre, would not have a
detrimental impact on adjacent properties by way of noise, disturbance and
odour, and would also not adversely affect the general character and amenity of
the area. 
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;
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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
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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 
f) 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
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SUGGESTED CONDITIONS: 
DC23/037/FUL
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Hours of Operation
The hours of operation of the development hereby approved shall be restricted to between
0800 and 2300 daily, unless otherwise agreed in writing by this Planning Authority.
Reason: In order to protect the amenity of the existing neighbourhood. 
Ventilation System – Efficiency – noise – Vibration
Before the development is brought into use, the proposed method of ventilation shall be
submitted to and approved in writing by the Planning Authority. The proposed development
shall not be brought into use until the ventilation systems are operational in accordance with
the approved details.
The ventilation system shall:
a) Incorporate systems to reduce the emission of odours and pollutants and shall
thereafter be maintained as necessary.
b) Be constructed by employing best practical means to minimise noise and vibration
transmission via plant and the building structure.
c) Noise associated with the business shall not give rise to a noise level, assessed with
the windows open, within any dwelling or noise sensitive building, in excess of the
equivalent to Noise Rating Curve 35, between 07:00 and 20:00 hours, and Noise
Rating Curve 25 at all other times.
Reason: To ensure that the development does not adversely affect the amenity of
neighbouring properties by creating excessive noise, vibration, or odour nuisance. 
Grease Traps/Interceptors
Prior to the commencement of development on site details of an adequate sized grease trap
shall be submitted to and approved by the Planning Authority. It shall be installed as
approved and maintained thereafter.
Reason: To ensure that waste oil, grease and fat from food premises do not cause damage
to the public sewer in the interests of public health and amenity. 
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