Document Pack (Boomarked) Erratum Notice and Revised Item 5 LRB 19 02 24
West Dunbartonshire Council · 19 February 2024
Back to Local Review Body — 19 February 2024 and its agenda
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Erratum Notice Local Review Body Date: Monday, 19 February, 2024 Time: 10:00 Venue: Civic Space, Council Offices, 16 Church Street, Dumbarton Contact: Email: Nicola Moorcroft, Committee Officer Nicola.moorcroft@west-dunbarton.gov.uk committee.admin@west-dunbarton.gov.uk Dear Member I refer to the papers for the above meeting which were issued on 8 February 2024 and enclose a revised version of the report relating to Item 5 ‘Application for Review 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)’. This supersedes pages 17 to 130 of the original papers issued for the meeting. The revised report had been amended at page 170, an additional ‘Suggested Condition’ has been added. Please accept my apologies for any inconvenience caused. Yours faithfully PETER HESSETT 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: 15 February 2024
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APPLICATION FOR REVIEW: DC23/037/FUL ITEM 5 (as amended) Page 17
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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 Page 23
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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." Page 24
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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 Page 25
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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. Page 26
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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. Page 27
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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. Page 28
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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. Page 29
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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. Page 30
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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. Page 31
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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 Page 32
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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 Page 33
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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 Page 35
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14 Parking is readily accessible on the street, provided that it does not impede traffic flow or emergency access. Page 36
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REVIEW CORRESPONDENCE: DC23/037/FUL Page 38
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No review correspondence received Page 39
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PLANNING APPLICATION: DC23/037/FUL Page 40
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PLANNING APPLICATION CONSULTATION RESPONSES DC23/037/FUL Page 91
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PLANNING APPLICATION REPRESENTATIONS DC23/037/FUL Page 95
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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 Page 96
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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. Page 97
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Comment on Planning Application Do you support the proposal No Page 98
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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 Page 99
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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 Page 100
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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 Page 101
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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 Page 102
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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: Page 103
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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 Page 104
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APPOINTED OFFICER’S DECISION: DC23/037/FUL Page 105
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RELEVANT POLICIES: DC23/037/FUL Page 117
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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, Page 118
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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. Page 119
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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 Page 120
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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. Page 121
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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. Page 122
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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 Page 123
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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. Page 124
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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: Page 125
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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; Page 126
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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 Page 127
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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 Page 128
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SUGGESTED CONDITIONS: DC23/037/FUL Page 129
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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. Hours of Servicing No servicing of the premises, including deliveries and collections, shall be undertaken out with the hours of 0800 and 2300 daily. Reason: To protect residential amenity of the neighbourhood. Page 130