Item 6a - DC24.108.PPP - Artizan Ctr
West Dunbartonshire Council · 3 June 2026
Back to Planning Committee — 3 June 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 3rd June 2026 DC24/108/PPP: Erection of residential-led (Class 8, Class 9 and sui generis) mixed use development including Class 1A (Retail), Class 3 (Restaurants and cafes), sui generis hot food takeaways/public houses, Class 4 (Office), Class 10 (Non-residential institutions) and Class 11 (Leisure) with associated outdoor space and public realm works, access, landscaping, parking and infrastructure at Artizan Centre, College Way, Dumbarton by West Dunbartonshire Council. 1. REASON FOR REPORT 1.1 The planning application is a national development as set out in the Schedule to the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 as the application site sits within the Clyde Mission area as set out in National Planning Framework 4. Under the terms of the approved Scheme of Delegation, it therefore requires to be considered by the Planning Committee before being determined by the Council. 2. RECOMMENDATION 2.1 That the Planning Committee hears the applicant and those who have made representations and refers the application to full Council for determination with a preliminary recommendation, based on the information considered to date, that it be approved, subject to the conditions in Section 9 below. 2.2 Should the Council determine to approve the application, subject to conditions, the application will require to be notified to the Scottish Ministers under The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 as SEPA have objected in principle to the development. Any granting of permission by the Planning Authority would also require Notification under The Town and Country Planning (Notification of Applications) (10 or more homes on non-allocated land) (Scotland) Direction 2025. 3. DEVELOPMENT DETAILS 3.1 The application site is located primarily on land occupied by The Artizan Shopping Centre and extends to approximately 2.8 ha. The site is bound by High Street to the south, Risk Street to the west, car parks and Dumbarton Bowling Club to the north and St Mary’s Way to the east. A small portion of the south of the development site is located within the Dumbarton Town Centre Conservation Area boundary, including the buildings fronting High Street and the whole of the site is located within the Dumbarton Town Centre. 3.2 At the time of submission, and therefore reflected in the plans and drawings, College Way was lined with retail units which formed part of the wider Artizan Shopping Centre (which is an open air centre rather than being enclosed), albeit the majority of ITEM 6a
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these units were vacant. Since the submission of the application, a number of these units have been demolished with these parts of the site currently comprising vacant land. These demolition works do not alone require planning permission. “Phase 1” of the wider redevelopment of the site which comprises works to the existing building to be retained inclusive of façade improvements to existing shopfronts together with initial landscaping and associated infrastructure was separately granted full planning permission under application DC24/081/FUL in November 2024. These works have commenced. 3.3 This application is for Planning Permission in Principle for a mixed-use development set out in a masterplan that seeks to redevelop the site and partially repurpose the existing assets where possible. The masterplan proposes to create a new, high- quality, permeable public realm and is intended to contain the following uses: • Residential • Retail (at ground floor and key corners) • Leisure/Food and Beverage • Healthcare Facility. 3.4 It is proposed that Phases 2 and 3 of the redevelopment of the site will be located on plots freed up the initial demolition works. Block A or Plot A as defined on the site layout as proposed drawing is proposed as affordable homes, for later living. This is located to the north of the site adjacent to Risk Street. The Design and Access Statement suggests up to 40 homes within this part of the site. Block B or Plot B is indicated as a four-storey Health Centre with circa 6000m2 of floor space. This is located on the west side of College Way. 3.5 Block/Plot C onwards is proposed within the Design and Access Statement as “Longer term possibilities”. Block/Plot C is indicated to be a mix of one and two bed flats and two storey maisonettes for family living. Thirty of these units are suggested and are to be located towards the north of the site on the east side of College Way. Block D remains retail with refurbishment and repurposing, and is located on the west side of College Way. Block E is proposed to be consolidated retail with the introduction of 40 affordable housing units through new extensions. This block fronts onto High Street and is on the east side of College Way. 3.6 As the application is for Planning Permission in Principle, full details of design and materials are not considered at this stage. However, an approach of utilising warm tones and textures is indicated in the Design and Access Statement, and this would be reflected in a palette of red, rust and light brown brick with feature elements like balconies, railing and spandrel panels of metal finished in heritage tones. 4. CONSULTATIONS 4.1 Scottish Environment Protection Agency (SEPA) SEPA object in principle to the application and recommend that planning permission is refused. SEPA states that had this been a like-for-like redevelopment of a commercial site, they would have no objection. However, the proposal introduces dwellinghouses and a health centre both of which are “high vulnerability” to flooding. The initial consultation noted that notwithstanding SEPA’s objection in principle, that a number of technical aspects required to be covered within the Flood Risk Assessment (FRA) in order to demonstrate that the flood risk of the site was fully understood.
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Further information was provided and SEPA confirmed that the FRA met the technical and reporting standards. Whilst the submission of the information does not change the objection in principle, it enables an agreed understanding of the flood hazard. 4.2 West Dunbartonshire Council Roads Service (Flooding) The site has been identified at risk of Coastal flooding on the SEPA Flood Maps. The main factors contributing to coastal flooding within Dumbarton are the tide level, wind speed and direction. Coastal flooding frequently happens within the area when the tidal level is 3.6m and above with the wind direction coming from the southwest at 20mph, flooding Riverside Lane and the car parking area only. For it to reach the site it would need to be significantly higher in tide level and wind speed. There has been one historic flooding event recorded affecting Dumbarton High Street. The coastal risk is confirmed by the applicant's flood risk assessment, which identifies the risk for a range of return periods and climate uplifts. The applicant has taken the flood risk into account in the site design, with commercial development on the ground floor level and residential development on upper floors. A proposed health centre is located at the higher part of the site. The site is currently commercial, with existing units at risk of flooding, so commercial development on the ground floor would not increase the vulnerability to flooding. Residential units would be an increase in vulnerability, but the units would be above flood levels. It is also noted that coastal flooding can be predicted in advance allowing for evacuation before the event and installation of flood prevention measures. It is accepted that the commercial units in the site would not be operational during flooding and there are no requirements for shops to be open during an extreme flood event. The flood risk assessment considers all risks of flooding, there is no reduction in floodplain capacity, risk to others or need for future flood protection schemes (SEPA does not require compensatory flood storage for coastal flooding and ground floor commercial units will flood as at present). The Roads Service would recommend flood resilient building methods and the assessment considers the impact of climate change. Residential units will be set well above the flood level with commercial units designed to be flooded. We are aware SEPA are objecting to the development on these grounds, but we would note that there is an existing flood risk to Dumbarton and the new development more explicitly takes into account future flood risk. As coastal flooding can be predicted well in advance, there is the potential for evacuation of the area and/or installation of flood prevention measures. The Roads Service would advise the applicant that the site should be flood resilient and does not increase the existing flood risk to the surrounding area. 4.3 West Dunbartonshire Council Roads Service There are no objections to the principle of the proposed development subject to a variety of matters being addressed by condition. These include the requirement to consider servicing and parking inclusive of disabled bays, electric vehicle parking and cycle parking in relation to the National Roads Design Guide (NRDG) and WDC standards applicable at the time of any application for the approval of matters specified by condition (AMSC). It is recommended a Green and Active Travel Plans are submitted. Should any stopping up or diversion of publicly adopted roads or footways be required, this should be addressed via the relevant sections of the planning legislation.
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It is further recommended that joint pre and post inspections of all publicly adopted areas are undertaken to ensure that they are retained in their existing condition, that all necessary permits and permissions are obtained prior to the commencement of works and a construction programme together with detailed traffic management be agreed in advance of any works. 4.4 West Dunbartonshire Council Environmental Health Service Further, more detailed site investigations and assessments require to be undertaken for all future applications for AMSC and it is recommended the full set of contaminated land conditions be applied. Given the anticipated risks to the water environment, it is also recommend that a site wide water environment risk assessment is undertaken in advance of any AMSC applications. Conditions recommended relating to site investigation, site-wide water environment investigation and the re-use of site won material/the import of material. The submitted Noise Impact Assessment, (SWECO Outline Planning Noise Assessment Rev C02) raises a number of issues that require to be addressed at subsequent stages of Planning process as per the below extracted information. • The design considerations for the Healthcare centre (block B) are beyond the scope of the PPiP application and should form part of the applications for AMSC as is considered appropriate. • It will be important to ensure a good acoustic design is adopted at any dwellings near the northern site extent or overlooking the High Street, to avoid adverse noise impacts on the completed development, particularly at night • It is recommended that the assessment of noise ingress is re-addressed during the detailed design stage to establish the glazing and ventilator (if relevant) performance requirements across the site. • Careful consideration and design will be required to ensure that suitable acoustic separation (between retail and residential) is achieved at the base build • Each retail/commercial use should be subject to individual acoustic assessment for suitability. • Building services noise should be considered as part of specific planning applications for individual commercial uses. In summary noise is not considered to be a material constraint to the proposed development and suitable acoustic conditions can be achieved across the site subject to detailed design development in accordance with the Outline Planning Noise Assessment 4.5 Historic Environment Scotland (HES) The proposal is within close proximity to A-listed buildings such as St Augustine’s Episcopal Church and the former Dumbarton Academy building (now Council offices). The application documents do not discuss setting issues relating to these buildings, but it does not appear to HES that the proposals are likely to create significant detrimental impacts on the settings of the buildings. The proposal does not raise historic environment issues of national significance and therefore HES do not object. 4.6 West of Scotland Archaeology Service No objections subject to a condition relating to the implementation of a programme of archaeological works in accordance with a written scheme of investigation.
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4.7 West Dunbartonshire Council Biodiversity Officer Much of the required survey work has been completed and further survey recommendations have been made for future applications for AMSC. No overall landscape design or proposed planting schedules have been provided, and no details of any replacement tree planting are set out. There are 17 trees for removal and a further 3 that will be impacted, but no replacement strategy to account for this at this stage. There are, however, a number of very suitable biodiversity enhancement proposals that are of an appropriate scale for this site. Section 6 of the Preliminary Ecological Appraisal (PEA) outlines a biodiversity enhancement statement. Tree replacement requires to be considered in future AMSC applications to offset tree loss. Section 5 of the PEA deals with mitigation and recommendations and these should all be addressed in follow up applications. It is noted that the trees for removal are being treated as having no potential for bat roosts. It is further noted that the bat surveys undertaken to date could be out of date by the time any applications for AMSC forward. 4.8 Scottish Water No objections to the proposal but note there is live infrastructure om the proximity of the development that may impact on existing Scottish Water Assets. 5. REPRESENTATIONS 5.1 One representation in support was received to the application. The full details are contained within the planning file and are available for public viewing. Whilst in support, points relating to landownership adjacent to the Dumbarton Bowling Club were raised. These have subsequently been addressed by the applicant. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 The site is partially within the ‘Clyde Mission’ area, identified as one of eighteen National Developments with National Planning Framework 4 which recognises that significant land assets are under-utilised across the Clyde, and that longstanding inequality, in relation to poor environment and health outcomes require to be tackled as a national priority. The Clyde Mission designation aims to repurpose and reinvigorate vacant and derelict land as well as adapting the area to the impacts of climate change, where nature-based solutions would be particularly supported. Delivery of the development proposals for the site would support the objectives of this national development. 6.2 Policy 1 relates to tackling the climate and nature crises and states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 also relates to the climate in the form of climate mitigation and adaptation, and states development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and development proposals will be sited and designed to adapt to current and future risks from climate change. Policy 3’s intent is to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. With appropriate conditions, there is no conflict with these policies.
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6.3 As part of the site is located within a conservation area Policy 7 applies. Development proposals in or affecting conservation areas will only be supported where the character and appearance of the conservation area and its setting is preserved or enhanced. A number of listed buildings are located within the town centre in the vicinity of the site and Policy 7 further advises that development proposals affecting the setting of listed building should preserve their character and special architectural and historic interest. No concerns arise in this respect. 6.4 Within the Artizan Centre, some of the units are vacant as well as the vacant land which has been left by demolitions and as such Policy 9 addressing brownfield, vacant and derelict land and empty buildings applies. Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. 6.5 As a developed coastal site, Policy 10 applies. Part a)i. of the policy requires that the development does not in and of itself require additional coastal protection measures, cause increased coastal flood risk and erosion to other people. The proposal is not expected to require additional coastal protection or to result in increased risk to people elsewhere. The Planning Statement accompanying the application acknowledges that part a)ii. of the policy is not met in full, the flood risk and predicted flood levels meaning the proposal may not be supportable in the long-term, taking into account climate change. 6.6 Policy 12 relates to zero waste and supports the reuse of existing buildings and infrastructure. Whilst there have been some demolitions on site already, there are sections of the Artizan Centre which are being retained for retail as well as extended for residential purposes. The reuse of existing buildings on the high street is supported by part b)i. and part b)ii. requires proposals to minimised demolition and salvage materials for reuse. The demolition of the buildings was carried out under permitted development rights and it not part of this application and as such there is no control over the materials which are now removed. Part b)iv and v will be addressed by selecting materials with as low embodied carbon as possible and with the opportunity to be reused. This can be addressed in future planning applications. Part c requires proposals to detail how waste will be managed. This can also be addressed by condition. 6.7 Sustainable Transport is covered by Policy 13. Part a) supports proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs will be supported. Part b) supports development proposals where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel and investment hierarchies. Part c) requires where a development proposal will generate a significant increase in the number of person trips, that a transport assessment will be undertaken in accordance with the relevant guidance. Part d) of the policy does not support proposals for significant travel generating uses in locations that would increase reliance on the private car. Part e) of the policy supports ambitious proposals for low parking in urban locations well served by public transport, such as this one. Part f) of the policy states that significant travel generating uses will only be supported with a Travel Plan, which are proposed within the Transport Assessment. In principle it is considered that this policy supports the proposal, subject to conditions. 6.8 Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale as per Policy 14. Policy 15 relates to local living and 20-minute neighbourhoods. Development proposal will contribute to local living including, where relevant, 20-minute neighbourhoods. Consideration will
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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 shopping and playgrounds and informal play opportunities, parks, green streets and spaces. 6.9 Policy 16 relates to Quality Homes. The proposal is not on an allocated site within the Local Plan or proposed Local Development Plan 2 and so is not in accordance with part a) of the policy. Whilst a specific “Statement of Community Benefit” has not been provided in accordance with part b) the information expected as part of this is provided within the Planning Statement, Economic Benefit Statement and the Design and Access Statement. Part c) of the policy supports the development of homes that improve affordability and fill any identified gaps in provision. This includes affordable homes (iv) and homes for older people (vi) which are provided within the application. Part e) of the policy requires developments for new homes to include at least 25% affordable provision which is provided. Part f) of the policy states housing on land not allocated in the LDP will only be supported if: i. the proposal is supported by an agreed timescale for build-out ii. The proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living – iii. And either: • delivery of sites is happening earlier than identified in the deliverable housing land pipeline. This will be determined by reference to two consecutive years of the Housing Land Audit evidencing substantial delivery earlier than pipeline timescales and that general trend being sustained; or • the proposal is consistent with policy on rural homes; or • the proposal is for smaller scale opportunities within an existing settlement boundary; or • the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. Whilst it is accepted that the development will support the reuse of brownfield land, bring economic and community benefits and support local living it remains that it is not allocated for housing within the LDP. The development proposal which includes the provision of new residential properties does not therefore wholly accord with Policy 16. 6.10 Policy 18 relates to Infrastructure First. NPF4’s glossary defines Infrastructure First and this includes transport infrastructure and services, health and social care services, green and blue infrastructure as well as spaces for play and recreation. Part a) of this policy states that development which contributes to/provides infrastructure identified in the LDP will be supported. Public realm and green infrastructure are included within the first phase, which is consistent with LDP2’s green infrastructure led approach. It is noted that the proposal also provides opens space in line with the LDP2 requirements. LDP2s spatial strategy for Dumbarton supports improvements to active travel routes across the town centre, emphasising the connection to the train station. 6.11 As the buildings will be occupied by people part f) of Policy 19 applies. Development proposals for buildings that will be occupied by people will be supported where they are designed to promote sustainable temperature management, for example by prioritising natural or passive solutions such as siting, orientation, and materials. This can be addressed via condition.
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6.12 Policy 20 relating to blue and green infrastructure supports the inclusion of new blue and green infrastructure within development in part b) of the policy. Temporary open space or green space on unused or under used land is supported by part d) of the policy and part e) requires that proposals include maintenance plans covering arrangements for long term planning and upkeep. Policy 21 which addresses play, recreation and sport encourages, promotes and facilitates spaces and opportunities for play, recreation and sport. 6.13 Policy 22 on flood risk and water management states that proposals will not increase the risk of surface water flooding to others, or itself be at risk; manage all rain and surface water through sustainable urban drainage systems (SuDS) and seek to minimise the area of impermeable surface. The application site is within an area at risk of flooding. Matters relating to flood risk are assessed in detail below but the proposal cannot be held to accord with Policy 22. 6.14 Policy 23 aims to safeguard people from environmental harm and promote and facilitate development that improves health and wellbeing. Development proposals that will have positive effects on health will be supported. 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 through Policy 27. Part e) supports development proposals for residential development within city/town centres will be supported including new build residential development, the re-use of a vacant buildings 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 and the conversion, or reuse of vacant upper floors of properties within city/town centres for residential. 6.15 Policy 28 aims to encourage, promote and facilitate retail investment to the most sustainable locations that are most accessible by a range of sustainable transport modes. The proposal is located within the defined Town Centre and as such retail in this location is supported. 6.16 Whilst the development is supported by many of the policies within NPF4, the proposal does not accord with Policy 16 and Policy 22. Conflicts between policies can be expected and it remains that the proposal is supported as a whole by NPF4. A full assessment together with the weighing of different policies and considerations is set out in the appraisal in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 6.17 Policy UR1 encourages the redevelopment and re-use of underused, vacant and/or derelict land and buildings for appropriate uses such as housing. Policy RP1 designates areas, including Dumbarton Town Centre and the Artizan Centre, as a regeneration priority for urban renewal. 6.18 Policy RD1 gives preference to residential development on brownfield sites within urban areas. Policy SUS1 seeks to integrate land use and transport, meet social and economic needs, minimise environmental impacts and minimise the use of energy and resources. 6.19 Policy GD1 seeks to ensure that all new development is of a high quality of design and respects the character and amenity of the area. Policy GD2 encourages the reuse of vacant, derelict, or under used land.
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6.20 Policy H4 states that new housing developments will be expected to be appropriate to the wider landscape and built character of the surrounding area, and to meet certain criteria. 6.21 Policy RET1 sets out a sequential approach to new retail, commercial leisure, cultural and public service developments, with preference given to town centre locations. The policy is similar to NPF4 Policy 27 part b). Part of the proposal is designated in Schedule RET4 of the plan as a Retail Development Opportunity (RET 4(6)). This designation is in the approximate location of the proposed Health Centre (Block B), meaning that this policy does not support the proposal. Policy RET5 seeks to improve the environment of the town centres of Alexandria, Clydebank and Dumbarton and Policy RET6 seeks to protect and enhance the retail and commercial function by encouraging the improvement of existing retail floorspace. 6.22 Policy T1 supports prioritising sustainable transport measures and Policy T4 requires sites to be integrated into walking, cycling and public transport networks and located so that they are accessible to public transport. 6.23 Policy E1 relates to the Council’s biodiversity duty. Policy E5 requires new development proposals to consider impacts on trees and incorporate suitable tree planting. 6.24 Policy BE1 seeks to ensure that no works adversely affect the appearance and character of conservation areas and Policy BE2 takes a similar approach in respect of ensuring that proposals do not adversely affect the setting of any listed buildings. Policy BE3 encourages and supports the renovation rather than demolition of derelict properties which are not listed but are considered to contribute to the townscape character of the surrounding area. Policy BE5 advises on development proposals that impact upon local archaeology and the approach to assessing and recording features. 6.25 Policy R2 states that the Council will have due regard to the provision of open space as an integral part of proposals. Policy R3 relates to the enhancement of open space and sports facilities. Policy R5 seeks to encourage access for pedestrians and cyclists to waterways and protect existing core paths and rights of way. 6.26 Policy PS3 relates to Public Service Opportunities and encourages new or improved public service provision in the area, particularly where there is social or economic need and in close proximity to new homes, provided it facilitates development which accord with the plan 6.27 Policies F1, F2 and F3 aim to ensure that new development is not at risk from, and does not increase the risk of flooding, and has suitable SUDS drainage infrastructure. There is a general presumption against development within the flood plain. The up- to-date development plan position in flooding is set out within Policy 22 of NPF4 which therefore has primacy in this instance. 6.28 Policy DC 2 requires new shopfronts, whether on existing buildings or on new developments, to be designed in accordance with the Council’s Shop Front Design Guide for commercial frontages. 6.29 The proposal does not comply with all policies of the adopted local plan and is assessed fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
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West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 The Development Strategy in the Town Centre and Waterfront supports mixed use development within the town centre, town centre living, and improvements to the Artizan Centre. Regarding improvements to the Artizan Centre, the explanatory text on page 34 of LDP2 states that this designation is placed to enable enhancement of the retail offer. Dumbarton Policy 1 High Street and Retail Development supports a more diverse and vibrant Town Centre and will encourage a range of uses within the Core Town Centre area where they accord with Policy SC2 of the Plan. 7.3 Policy CP1 seeks to ensure that all new development will be expected to contribute towards creating successful places by having regard to the six qualities of a successful place (distinctive, adaptable, resource efficient, easy to get to/move around, safe and pleasant, and welcoming). Policy CP2 requires the integration and consideration of green infrastructure from the outset of the design process through to its maintenance and stewardship of the resource. Policy CP3 requires that Masterplans be prepared on all sites within the Delivering Our Places section of the plan, which includes this proposal. The masterplan is required to include proposed phasing and strategy to bring the site forward. 7.4 Policy H3 supports particular needs housing on the sites contained within Table 3 of the Plan, and other suitable sites, where they accord with the relevant policies of the Plan. Policy H4 relates to residential amenity. The policy states that the Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. 7.5 Policy SC1 sets out a sequential approach to new retail, commercial and leisure, with preference given to town centre locations. Policy SC2 supports a range of different uses within the core Town Centre where they help to improve the vibrancy of the Town Centre. Policy SC3 supports non-retail uses within Town Centres where these comply with Policy SC2, encourage visits to the Town Centre and are appropriate to the Town Centre’s role and function. Town Centres are the preferred location for new leisure uses and public services unless these are serving a specific neighbourhood, community or catchment which is best served more locally. 7.6 Policy BE1 takes a similar approach to the adopted Local Plan in respect of archaeology with Policy BE2 advising on the impact upon the setting of listed buildings. Due to the location within a conservation area, Policy BE3 applies. Policy BE3 does states that new development within or affecting a Conservation Area should be of a high standard of design and enhance the character of the area and should have regard to the Conservation Area Appraisal for that area. 7.7 Policies GI2 and GI4 relate to green infrastructure. Policy GI2 requires new development to meet with the open space standards set out within the policy. Where a development has difficulty providing these standards on site, or where a relaxation
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of the standards can be justified, developers will require to accord with Policy GI4 and provide a contribution towards the types of projects outlined within the policy and detailed in the Green Network and Green Infrastructure Planning Guidance. GI4 sets out the requirements for Developer Contributions. It is considered a relaxation can be justified in this instance and this is discussed fully below. 7.8 Policies ENV1, ENV4, and ENV6 are all similar to the ecology and tree, water environment and flooding policies of the adopted Local Plan, although in respect of flooding, the up-to-date development plan position is set out within Policy 22 of NPF4 which has primacy. 7.9 The Council will actively encourage the temporary greening of any vacant, derelict, stalled or underused site to improve the contribution to the green infrastructure and to improve the character and amenity of the particular community or area in accordance with Policy ENV7. Policy ENV8 relates to air, light and noise pollution and states that all new development must ensure that significant adverse noise impacts on surrounding properties and uses are avoided. Policy ENV9 requires developers to establish the nature of any contamination on any potential development site. Where contamination is present and risks to key receptors are identified, then remediation will be required to ensure the site can be made suitable for its future use. 7.10 Policy CON1 requires development proposals to accord with Designing Streets, the National Roads Development Guidelines, and be in alignment with the provisions of the Regional and Local Transport Strategies. Policy CON4 requires new residential, business and industrial developments shall be required to install the necessary infrastructure to enable all new premises to be connected to full fibre optical networks. 7.11 Whilst the proposal is supported by many policies within proposed LDP2, there are policy conflicts including that the site is not allocated for housing and this is assessed fully below. Historic Environment Scotland’s Policy and Guidance 7.12 The Historic Environment Policy for Scotland seeks to ensure that changes to specific assets and their context are managed in a way that protects the historic environment. 7.13 Historic Environment Scotland’s Managing Change in the Historic Environment Guidance Note series provides advice and guidance to Planning Authorities determining applications which affect the historic environment. Guidance Note subjects relevant to this proposal include setting, external walls, shopfronts and windows. 7.14 The guidance note on ‘Setting’ advises that setting can be important to the way in which historic structures or places are understood, appreciated and experienced, and provides guidance on factors to be considered in assessing the impact of a change on the setting of a historic asset or place. Overall, it is considered that the principle of the proposal will enhance the setting of the Dumbarton Conservation Area and be to the benefit of the wider area and therefore have no detrimental effects to any surrounding Conservation Area or listed buildings. 7.15 The guidance on ‘External Walls’ highlights that the design, materials, method of construction, colour, texture, detailing and finish typically contribute to the character of a historic wall. Whilst the buildings of the Artizan themselves are not listed they
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form a part of the fabric of the Conservation Area. Shopfronts are highlighted as contributing to the architectural quality of a building and to the character of a place. 7.16 Overall, the proposal presents no conflicts with Historic Environment Scotland’s Policy and Guidance. Dumbarton Town Centre Conservation Area Appraisal 7.17 Dumbarton Town Centre Conservation Area was designated on 11 October 2019. The Conservation Area Appraisal notes that the architecture of Dumbarton town centre falls into a number of distinct eras which can be easily identified by the styles and materials employed. This creates interest and relieves potential monotony. It is noted that since the turn of the century, West Dunbartonshire Council has seen the regeneration of the town centre as a priority, including the Artizan Centre at the heart of the 1960s re-development which was re-modelled in 2004 7.18 The creation of the Artizan Centre and its redevelopment is noted at several points throughout the appraisal, with comments made that the re-modelling (and enlargement) of the Artizan Centre destroyed the 1960s pedestrian route through the town square to the cinema, housing and station beyond; that there are a number of unresolved areas behind and near the Artizan Centre that do not aid orientation; and that there is even a uniformity of scale in the buildings that were delivered as part of the creation of the Artizan Centre. 7.19 The Dumbarton Town Centre Conservation Area Proposal of 2019 noted that the High Street Character Area had retained much of its original form in terms of its solid frontage and retail designation. The lack of quality in shop frontages and signage is extremely detrimental to the character and townscape of Dumbarton. Many shopfronts and signage displays on High Street are constructed of non-traditional materials, and do not reflect the original proportions of traditional shopfronts. 7.20 Open space in the town centre comprises largely of car parks and small pockets of grass: Dumbarton is well served by places to park and the majority of these are landscaped with hedge planting and trees (some flowering). 7.21 The appraisal also notes that given the various periods of development evident in the Dumbarton Town Centre Conservation Area, there is a wide range of building materials used, not all of which fall under the category of “traditional”. Public realm finishes are stated to be tidy, albeit clinical. Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.22 The Creating Places Supplementary Guidance – November 2022 seeks to achieve high quality development with a design led approach based on a thorough appraisal of the site and an analysis of its context and sets out that this is expected for all development proposals. 7.23 The Green Network and Green Infrastructure Supplementary Guidance - November 2022 seeks to ensure that the proposal also integrates landscaping and green infrastructure as part of the setting of the new development and open space created. This will include a focus on biodiversity enhancement. Principle of Development 7.24 The site is located within Dumbarton Town Centre as defined by both the adopted Local Plan and proposed Local Development Plan (LDP) 2. It further lies partly within the core Town Centre area as defined by proposed LDP2. NPF4, the adopted Local Plan and the proposed LDP2 all promote developments within town centres and
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provide explicit support for development which increase viability and vitality of the town centre. 7.25 Policy 27 part e) of NPF4 specifically supports new build residential development proposals within town centres and reflect the vision and policy intent within NPF4 to support town centres and their positive adaption to ensure a long-term sustainable future of such centres. Part f) also supports residential uses at ground floor level where they retain an attractive and appropriate frontage, do not adversely affect the vitality and viability of a shopping area or the wider centre and do not result in an undesirable concentration of uses, or ‘dead frontages’. Part g) requires proposals for town centre living to take into account the residential amenity of the proposal. As the application proposal is in principle, parts f) and g) would be assessed in detail at the point of further submissions for approval of matters specified in condition, however the principle of the proposal offers no conflict with part f) and there is nothing to suggest that a suitable level of amenity for new town centre residents could not be achieved in the detailed design. 7.26 Policy 27 also supports a mix of uses 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. Restaurants, cafes and public houses are all acceptable uses within the town centre in this respect. In regards to hot food takeaways, part c) of Policy 27 states that development proposals for non-retail uses (including hot food takeaways) 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. As this is an application for planning permission in principle, the detail of individual uses including hot food takeaways is not defined. There is, however, capacity within the town centre for further hot food takeaways, however the acceptability of the number, location and general detail will be assessed as part of further submissions. Policy 27 part b) supports proposals including offices, healthcare and leisure facilities. As such the proposal to include Class 4 (Office), Class 10 (Non-residential institutions) and Class 11 (Leisure) as part of the wider development is supported in this location. Policy 28 supports retail within existing town centres. 7.27 Whilst the site is designated in the Local Plan and proposed LDP2 for regeneration or improvement, it is not explicitly allocated for housing. As such part f) of Policy 16 applies. Part f) states that housing on land not allocated in the LDP will only be supported in certain circumstances. This includes an agreed timescale for build out which can be agreed via a phasing plan. Whilst proposed details have been provided within the application, these were based on the expected position at the time of submission. Conditions can ensure an up-to-date phasing plan and associated details are provided. The proposal is consistent with the spatial strategy of the adopted plan and proposed LDP2 in that the area is highlighted as a priority for redevelopment or improvement. The proposal, however, does not meet any of the criteria in part f) iii because the deliverable housing land pipeline has not yet been established; the proposal is not in a rural area; the proposal is not of a smaller scale (though it is within the settlement boundary); and the proposal is more than 50 homes. 7.28 Policy 16 part b) requires a “Statement of Community Benefit”. This information is available in the Planning Statement, Economic Benefits Summary, and the Design and Access Statement and set out that the development will improve community resilience with additional population, benefit to local business within the town centre, create employment opportunities and increase housing options. The details provided are considered acceptable. Policy 16 part c) supports the development of homes that improve affordability and fill any identified gaps in provision. This includes affordable
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homes (iv) and homes for older people (vi). These are both identified needs in the Council’s Local Housing Strategy. This part of the policy supports the proposal. Part e) of Policy 16 requires developments for new homes to include at least 25% affordable provision. The housing element of this proposal is indicated to be 100% affordable meaning it complies with this part of the policy. 7.29 Whilst the proposal does not wholly accord with Policy 16, the age of the adopted and proposed Local Plans must also be taken into account. Since the adoption of the Local Plan and examination of proposed LDP2 national planning policy has changed and National Planning Framework 4 has been adopted. NFF4 includes specific policies regarding town centre living and encourages proposals within the town centre to be in accordance with the Town Centre First Principle. The Town Centre First Principle asks that government, local authorities, the wider public sector, businesses and communities put the health of town centres at the heart of decision making. It seeks to deliver the best local outcomes, align policies and target available resources to prioritise town centre sites, encouraging vibrancy, equality and diversity. It is considered that the proposal will support the long-term town centre regeneration plans for Dumbarton Town Centre and will complement previously approved proposals for the regeneration within the Town Centre like Glencairn House. The proposals will provide significant enhancement to the area, which in turn will create a more attractive environment which will potentially encourage people to the Town Centre. Any increase in footfall will have a positive impact on the overall vitality and viability of the Town Centre. 7.30 It is therefore considered that there is strong support for a development of this description in this location. The proposal will provide significant benefit to the town centre, by allowing it to adapt positively to the long term economic environment, bring about significant and long term environmental benefit and bring people back into the town centre as a destination which supports a wide range of uses together with town centre living. It therefore rests to consider whether there are any other material planning considerations that suggest that the proposal would be unacceptable. Site Layout, Design and Appearance 7.31 The contribution of the development to the town centre in terms of layout, design and appearance, how this contributes to the six qualities of good placemaking and the wider benefits this can bring is also an important factor in assessing the application proposal. The site layout as indicated in the application in part remains as is, with the shopfronts remaining in situ and College Way retaining its current development pattern. The new landscaped square extends to an area of approximately 1600 square metres. Underground surface water attenuation crates which must avoid all other underground utilities will be provided below the new square. The new landscaping features to Collage Way also require to avoid existing utilities. However, their placement retains the strong through route along College Way and links the new square to the High Street via a high-quality public realm space which will provide a notable focal point within the town centre. 7.32 Phases 2 and 3 of the proposal are proposed to be located on plots freed up the initial demolition works. Block A/Plot A is located to the north of the site adjacent to Risk Street and is generally in line with previous development. Block B/Plot B is proposed as a four-storey Health Centre with circa 6000m2 of floor space. This is located on the west side of College Way and whilst it is stepped back from the current building line on College Way, its setting back allows for the public “square” are to be created.
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7.33 Block/Plot C is proposed to be located towards the north of the site on the east side of College Way. Again, this plot is located further back from the existing building line, however it setting back allows for a strong through route towards the train station. Block D remains retail with refurbishment and repurposing and is located on the west side of College Way. Block E is proposed to be consolidated retail with the introduction of affordable housing units through new extensions. These new extensions reflect the current layout of the Artizan Centre. 7.34 New developments require to be well designed, take cognisance of the setting into which they are introduced and provide a high-quality appearance. The design and access statement makes reference to a colour palette and materiality that have been developed to reference the heritage of the site and wider town. Dumbarton’s prolific glassmaking industrial heritage was clustered in the northeast of the town in an area known as ‘Artisan’. This legacy provides the namesake for the current Artizan Centre and provides a rich narrative to draw upon for the materiality concepts. Whilst defined materials are not proposed at this stage, approach of utilising warm tones and textures is indicated in the Design and Access Statement and this would be reflected in a palette of red, rust and light brown brick with feature elements like balconies, railing and spandrel panels of metal finished in heritage tones. It is clear that the proposed works will be a visual change to what is existing, but it is considered that the principle of the proposal the overall approach to design and layout together with the proposed materials and colours will add richness and interest to the significant benefit of the appearance of the town centre 7.35 The shopfronts along High Street are also within the Dumbarton Town Centre Conservation Area. The Conservation Area Appraisal for Dumbarton Town Centre particularly notes that the lack of quality in shop frontages and signage is extremely detrimental to the character and townscape of Dumbarton. The shopfronts in question are not within historic buildings, but rather a more recent shopping precinct development. Their replacement was considered under application DC24/081/FUL and the upgrade of the existing shopfronts with a high design quality and materials was considered to be a benefit to the appearance of both the Conservation Area and wider Town Centre. 7.36 Overall, it is considered that the approach to design, layout and use of materials indicated in the application will create a well-designed development which will address the six qualities of successful places by ensuring the layout and form of the development is appropriate, complying with policies GD1 and CP1 of the adopted and proposed Plans, as well as Policy 14 of NPF4. In addition, the proposal whilst bringing in new colour palettes and materials is appropriate within the Dumbarton Town Centre Conservation Area, in accordance with the policies relating to conservation areas and the historic environment. Whilst the detail of these matters will be fully assessed through future applications for AMSC, it is clear that a high- quality development can be created to the significant benefit of the wider town centre. Open space, landscaping and trees 7.37 Open space and landscaping are an integral part of phase 1 of this site which is already consented as part of the separate permission ref: DC24/081/FUL. Open space is created where buildings previously part of the Artizan Centre once sat. As the buildings that occupied the site previously were not residential and are outwith the boundary of the Conservation Area, their demolition did not require any application for consent in terms of Planning. Within the space created, a shelter structure is to be created. This is formed of a series of vertical elements which take design references from the structures of Dumbarton’s shipbuilding heritage. The shelter structure also features a sedum roof. Beyond the shelter structure is a
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proposed play space. This incorporates a variety of equipment for different ages and abilities and draws inspiration from Dumbarton’s connection to the water with sailboat and wave shaped play equipment. To the west of the shelter structure and play space is an area of landscaping is to be provided which also incorporates play in the form of logs and stepping stones. A ‘meanwhile’ area of landscaping is also currently consented within part of the current application site where buildings were demolished. This incorporates existing trees as well as hard and soft landscaping to create a maze pattern. The wider development of the site will build on this initial phase and there is nothing to suggest that the expectation that the detailed development that comes forward could not be appropriate and compliment this first phase of works. 7.38 There are a number of trees on the site currently. The applicant’s Arboricultural Impact Assessment identifies 17 trees which would be removed to accommodate the redevelopment of the site. The trees in question are generally ones within close proximity of the existing Artizan Centre buildings and the function of these trees was to provide part of the landscape setting of the Centre that occupied the site. They are not protected. Whilst five of these trees are identified as Category B trees, the majority are identified as Category C trees which are generally trees of lower quality and have a more limited lifespan. The Council’s Biodiversity Officer notes the importance of ensuring that tree replacement is fully considered in future AMSC applications to offset tree loss. The current application indicates new planting as part of the proposal is to be located centrally within College Way, as well as within a landscaped area surrounding the shelter structure and play space as well as within a “meantime” space which will temporarily be greened with the expectation that further development will occur on this space at some point in the future. The proposal includes an increase in the number of trees planted as well as shrub/perennial planting and wildflower grass seeding and amenity grass seeding in the “meantime space”. The increase in planting is in accordance with Policies relating to biodiversity as well as creating places. In addition, the Council has a specific policy relating to the temporary greening of spaces and as such the “meantime” space is in accordance with this policy. This will be fully considered through future AMSC’s as will the approach to tree replacement across all phases of the development. Details of how remaining trees are protected during construction can be addressed by condition. 7.39 In considering open space provision for residential developments, this is set out within Policy GI2 of proposed Local Development Plan 2 together with the Green Network guidance. Open space calculations together with the level of any contribution are based on the number of bedrooms provided. As this application is considered in principle, the final design and layout of the development inclusive of the detail of areas of open space together with the number of bedrooms in any residential property are not known at this stage. With the number of units suggested in the application, based on the standards set out, a notable area of open space would ordinarily be required. However, such an approach is not one which would generally follow the existing pattern of development within the town centre which is based on a higher density layout. Given the nature of the development and the wider area, the public realm works proposed and that residents choosing to live within a town centre area do so to benefit from the proximity of town centre services and transport links rather than to benefit from locally accessible open space, it must be considered if such an approach is appropriate in this instance. Given the above, together with the significant benefits that the wider development would bring to the town centre including significant economic benefits, it is concluded that a departure from the normal open space requirements and any associated developer contributions can be justified in this case. Residents within the town centre would also be able to benefit from the attractive waterfront walkway and associated green
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areas which lies nearby. It does not follow, however, that any residential development will have no outside area or associated landscaping. Areas such as drying greens together with landscaping to provide a setting for the new buildings will be expected and this will be considered as part of future applications and AMSC considering the detail of the development. Flooding and drainage 7.40 Considering flooding and drainage, the site has been identified as a location which is at risk of Coastal Flooding as shown on the SEPA Flood Maps and that the main factors contributing to coastal flooding within Dumbarton are the tide level, wind speed and direction. Coastal flooding frequently happens within the area when the tidal level is 3.6m and above with the wind direction coming from the southwest at 20mph and above. This results in the flooding of Riverside Lane and the car parking area only. For it to reach the site it would need to be significantly higher in tide level and wind speed. There has been one historic flooding event recorded affecting Dumbarton High Street. The coastal risk is confirmed by the applicant's flood risk assessment, which identifies the risk for a range of return periods and climate uplifts. 7.41 Policy 22 of NPF4 sets out to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Development proposals at risk of flooding or in a flood risk area will only be supported in certain circumstances and part a) of Policy 22 sets out these circumstances. They are as follows: i. essential infrastructure where the location is required for operational reasons; ii. water compatible uses; iii. redevelopment of an existing building or site for an equal or less vulnerable use; or. iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long term safety and resilience can be secured in accordance with relevant SEPA advice. 7.42 Essential infrastructure is defined within the glossary of NPF4 and the proposal does not fit into the definition of essential infrastructure. Similarly, water compatible uses are defined within the glossary, and the proposal is not a water compatible use. Whilst the proposal includes the redevelopment of an existing site, the current uses within the site are classed as “least vulnerable” in accordance with the SEPA Flood Risk and Land Use Vulnerability Guidance. The proposed uses of residential and a health centre are classed as “highly vulnerable” and as such the site is not being used for an equal or less vulnerable use in accordance with part a) iii. 7.43 Part a) iv relates to the redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long term safety and resilience can be secured in accordance with relevant SEPA advice. The Artizan centre is an underoccupied site in a built up area. The adopted Local Plan identifies the whole town centre, including the Artizan Centre, as a Regeneration Priority in Policy RP1. LDP2 designates the Artizan Centre as requiring improvement. The Development Strategy for Dumbarton also supports mixed use development of the town centre, including town centre living. Both the adopted Local Plan and LDP2 identify a need to bring the Artizan Centre into positive reuse. In this regard, the development partially meets part a) iv of the policy, but full compliance can only be achieved if it can be demonstrated that long term safety and resilience can be secured in accordance with relevant SEPA advice.
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7.44 The submitted Planning Statement and Flood Risk Assessment states that given the nature of the site and associated flood risk, it is not capable of being developed in a way that can be considered to be made safe and resilient in the long term. Specifically, the proposal is unable to meet the requirements of remaining both safe and operational during a flood event or providing safe and dry access and egress in event of a flood. This is situation is based on the worst-case scenario of flood risk increase caused by climate change as used by SEPA and comprising Representative Concentration Pathway (RCP) 8.5. RCP refers to the expected concentration of greenhouse gasses in the atmosphere by 2100. 7.45 The FRA makes the case that a more conservative RCP could be applied in this case as it is redevelopment of a brownfield site. Paragraph 4.118 of the Planning Statement summarises which of the Policy 22 a) requirements are met using different RCPs. An RCP of 4.5 would mean the proposal meets all the requirements listed in bullet points under Policy 22 part a). Under a RCP 6 scenario, it is not expected that safe access or egress can be achieved, but the development could remain operational. 7.46 In considering the proposal, SEPA are satisfied that with the further information submitted in respect of the FRA, the submissions meet the expected technical and reporting standards and this it enables an agreed understanding of the flood hazard. In their consultation response, SEPA state that had this been a like-for-like redevelopment of a commercial site, they would have no objection. However, the proposal introduces residential properties and a health centre both of which are “high vulnerability” to flooding. Given this and due to the flood risk of the site based on the scenario used by SEPA, they have objected to the proposal. Whilst the site is identified in the LDP as an area for regeneration it cannot be demonstrated that long term safety and resilience can be secured in accordance with relevant SEPA guidance and SEPA have objected in principle to the application. There are no formal flood protection schemes or one under construction and as such these cannot be taken into account. 7.47 In further assessing the proposal, the Council’s Roads Service were also consulted on flooding matters and consider that flood risk has been taken into account in the site design, with commercial development on the ground floor level and residential development on upper floors. It is however noted that as this is a planning permission in principle, that such details are not confirmed. The Roads Service further comment that the proposed health centre is located at the higher part of the site. The site is currently commercial, with existing units at risk of flooding, so commercial development on the ground floor would not increase the vulnerability to flooding, Residential units would be an increase in vulnerability, but the units would be above flood levels. 7.48 The Roads Service set out that whilst the objection from SEPA is acknowledged, it is noted that there is an existing flood risk to Dumbarton and the new development more explicitly takes into account future flood risk. The Roads Service advise that in considering the detail of the development, it a requirement that it is based on a flood resilient design and does not increase the existing flood risk to the surrounding area. In considering how a flood resilient design could be achieved, Policy 22 sets out further requirements for development that meets exception iv of part a). Whilst it is acknowledged that the development can’t be held to fully comply with Policy 22 a) with reference to exception iv, it remains that some of the further requirements of the Policy can be incorporated into the detailed design of the development. This includes the first occupied or utilised floor of the development being above the flood risk level with an additional allowance for freeboard underside of the development. It may be
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that the proposal demonstrates at later stages that no residential development will be located at ground level, however, due to the flood levels surrounding, an island of development would be created. With this approach, it is acknowledged that an island of development would potentially remain with safe, dry access and egress not being available at the height of a flood event. 7.49 It is acknowledged that the proposal does not accord fully with the criteria set out in Policy 22 of NPF4. However, the nature of the flood risk must also be considered and the flooding of this site in this case is coastal / tidal. This results in an increased ability to forecast flood events and flood warnings can generally be provided up to 48 hours in advance of a flood event caused by weather/pressure conditions offshore. A number of mitigation measures have been proposed in the application including commercial development limited to ground floor as at present, to ensure that there is no increase in vulnerability on the ground floor, development to include flood management measure such as internal resilience measures (such as raised plug sockets and electrics above flood level) property level protection (flood doors) and/or wider scale measures such as demountable flood walls around buildings, signing up to SEPA Fire of Clyde flood warnings and emergency management plan to be developed for wider area. It also remains that the SEPA position on flood risk is based on a worst case scenario and should a more conservative RCP be applied, the risk reduces. Full details of the mitigation approach can be addressed through future applications for AMSC. 7.50 Notwithstanding the flood risk mitigation that could be incorporated into the final design of the proposal and the lack of objection from the Council’s Roads Service on flooding matters, it remains that the proposal does not accord with all requirements of Policy 22 of NPF4 and the objection from SEPA on flooding grounds is acknowledged. However, and in accordance with the Scottish Government Chief Planner’s letter of 8th February 2023, NPF4 must be read and applied as a whole. The Chief Planner is clear that conflicts between policies are to be expected. Factors for and against development will be weighed up in the balance of planning judgement. In a further letter of 13th October 2025, the Chief Planner additionally advises that in assessing applications with reference to Policy 22, the Planning Authority must consider SEPA’s advice, alongside all other relevant NPF4 and local development plan policies and material considerations, before reaching a decision. It is further reiterated that policies in NPF4 should be read and applied as a whole and that some conflict between different policies is normal and to be expected. The Chief Planner goes on to advise that the planning system requires decision makers to weigh up all relevant policies, for example, quality homes, brownfield development and town centre living, as well as relevant material considerations in applying balanced planning judgement. 7.51 In this case, it is clear that the proposal is supported by many development plan policies and will have significant benefits to the town centre in redeveloping underused and vacant brownfield land, the creation of quality homes and town centre living, the overall vitality, viability and economic prosperity of the town centre and a significant benefit to placemaking and the overall quality of the appearance of the town centre together with providing an attractive place and destination to visit. This, together with the nature of the flood risk and its predictability, and the mitigation measure that could be incorporated into the final design and operation of the site justifies the development contrary to Policy 22 of NPF4. 7.52 Other matters such as how surface water drainage will be addressed inclusive of SuDS in accordance with Part c) of Policy 22 can be addressed as part of further applications for AMSC
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Residential Amenity 7.53 Whilst the immediate surrounding area is a busy town centre which is not predominantly residential, it is recognised that residential properties do exist within the town centre. Residential amenity can be affected in a number of ways. The application site is situated in a busy town centre location which already sees a significant level of noise and activity throughout the day and evening. Whilst residents choosing to reside within the town centre may benefit from the proximity of local shops, services and transport links, the same degree of residential amenity as would be experienced within a primarily residential area cannot be expected. There is nothing to suggest that the completed development would result in additional and unacceptable noise and activity within the town centre beyond the established position and to the detriment of existing residents. Any development project will produce noise and an element of disruption during the construction phase and this cannot be a determining factor in considering whether to grant planning permission. The consultation response from Environmental Health recommends conditions to mitigate against unacceptable construction noise and these are recommended to be attached to any consent. It is also recognised that the construction phase and any associated disruption will be short term in nature. 7.54 In regards to the residential amenity of the proposed development, the Council’s Environmental Health Service have concluded that noise is not considered to be a material constraint to the proposed development and suitable acoustic conditions can be achieved across the site subject to detailed design development in accordance with the Outline Planning Noise Assessment. The requirement for an updated noise impact assessment to be submitted as part of any application for AMSC addressing the detailed design together with mitigation requirements inclusive of suitable acoustic separation between commercial and residential uses and assessment of commercial noise impact on residential properties arising from the detailed design of the development. 7.55 There is nothing to suggest that a suitable design and separation of buildings could not be achieved in the detailed design of the development to ensure that matters relating to overlooking and overshadowing do not cause concern. This is a matter to be further considered via subsequent applications. 7.56 Subject to conditions, it is considered that the proposal will have no significant adverse impact on either existing residential amenity or the proposed residential amenity and therefore complies with policy H4 of the proposed Local Development Plan 2. Access, Parking and sustainable travel 7.57 The town centre location means the site is highly accessible with good connections to the surrounding area including footpath network and nearby bus stops and the train station. The site is approximately 0.5 miles or a 10 minute walk from Dumbarton train station, and connectivity between the locations is also scheduled to be improved through the Connecting Dumbarton project. From Dumbarton train station there are regular trains to other stations in West Dunbartonshire and to a range of other destinations including Glasgow, Edinburgh, Helensburgh, Oban and Fort William. National cycling route 7 runs through Dumbarton town centre, within 100 metres of the southern entrance of the Artizan Centre. There are a number of local bus routes which traverse the town centre together with services to Glasgow. A variety of bus stops are available including a bus stop just outside the Artizan Centre next to the site. It is clear that the development will be accessible from a wide variety of location and by means other than the private car. The proposed residential properties will also
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embrace the 20 minute neighbourhood concept given their central location adjacent to a wide range of local services and transport links. 7.58 The Council’s Roads Service have offered no objections to the principle of the proposed development and suggested conditions relating to servicing and parking for each of the components. Servicing and parking will require to be assessed in relation to National Roads Design Guide and West Dunbartonshire Council parking standards applicable at the time of subsequent applications for AMSC. Green and Active Travel Plans are also recommended at the detailed stage with any amendments to adopted areas requiring to be clarified. Should any stopping up or diversions or existing public roads or footways be required, this should be progressed and confirmed under the relevant planning legislation. A joint pre/post inspection of all publicly adopted areas and to ensure that they are retained in their existing condition is also recommended and all further necessary permits and permissions should be obtained prior to commencement of any works. Full details of the construction programme and detailed traffic management proposals should also be submitted in advance of any works. Subject to the above matters being addressed by either planning condition or advisory note where a planning condition is inappropriate, it is considered that the proposal is acceptable in respect of access, parking and sustainable travel. Built and Cultural Heritage 7.59 As noted above, part of the application site lies within Dumbarton Town Centre Conservation Area, and the potential impacts upon the Conservation Area are already considered in paragraphs 7.35 and 7.36 above . A number of listed buildings are located within the Town Centre, and in the vicinity of the application site. These include the Category A listed St Augustine’s Episcopal Church, and the former Dumbarton Academy Building (now Council Offices) as well as Category B listed Glencairn House. It is not considered that the proposal has any negative impact upon the setting of any of the listed buildings within the Town Centre and Historic Environment Scotland offer no objection on this basis. 7.60 Turning to archeological matters, the West of Scotland Archeology Service (WoSAS) advise that the elements of the proposal that would require ground disturbance have the potential to intersect with significant historic period settlement remains, should these survive within the footprint of the areas affected. The requirement for the implementation of a programme of archaeological works in accordance with a written scheme of investigation is set out by WoSAS. This requirement can be addressed by condition. Ecology and biodiversity 7.61 Ecological issues are considered by the applicant in a preliminary ecological appraisal (PEA) inclusive of bat roost potential survey. No impacts in the Inner Clyde SPA, which is some considerable distance from the site, is identified in the PEA. The PEA notes that the area is dominated by a variety of buildings with scattered areas of amenity grassland, broadleaf trees and poor hedgerows. The site itself is identified as comprising primarily 1970s buildings, hardstanding, pockets of grassland, scattered trees, poor hedging and a bed or ornamental planting. Three buildings within the site are identified as having moderate bat roosting potential, one having low potential and a further four having negligible potential. No trees on site were considered to have the potential for roosting bats. It is identified that the site could support nesting birds. Overall the habitats within the site are considered to be of low to negligible ecological value. The Council’s biodiversity officer is content with the submission and offers no objections in respect of ecology matters. Following the recommendations set out in the PEA inclusive of follow up survey work prior to the commencement of development and the protection of nesting birds can be addressed by condition. With
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appropriate conditions, it is considered the development could progress without impact upon ecology, biodiversity and protected species. 7.62 The PEA also includes an outline biodiversity enhancement statement. Enhancement measures are recommended to include plants for pollinators and wildflower meadow planting, tree planting, green roofs, homes for birds, bees, bats and hedgehog being incorporated into the design. The Council’s Biodiversity officer notes the approach to biodiversity includes very suitable measures. The detail of how biodiversity enhancement is incorporated into the final design can be addressed by condition. Other Matters 7.63 The Ground Investigation Report provides an insight into what constraints may exist on this site, however the assessment is based on a limited dataset taken from a restricted investigation. As such it has been recommended as part of the consultation response from Environmental Health that conditions be applied regarding site investigation. The addition of these conditions will ensure that the proposal is in accordance with the relevant policies. An air quality assessment has been submitted by the applicant and this concludes that the site is suitable for the proposed development and future occupants and users will not be exposed to poor air quality. The assessment notes that the detailed development proposals will be accompanied by a detailed air quality assessment and this can be addressed by condition. 7.64 In regards to the timescale for the development, Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended) allows for five years for subsequent planning application to be made and works started on site unless otherwise defined by the Planning Authority. In this instance, and following discussion with the applicant, it acknowledged and the development beyond phase 1 which is currently on site will be dependent on securing funding together with developers or development partners to take forward the development. With this in mind, it is considered appropriate to allow a extended period of time for works to commence on site following the submission of an application or applications for AMSC. In this case, a period of eight years rather than five is considered appropriate and the applicant has confirmed agreement with this approach. This would give the project more certainty and allow the further stages to be completed. Representations 7.65 One representation was received to the application. This related to landownership which is not in itself a material planning consideration. The landownership question was, however, discussed with the agent and applicant for the proposal. The points raised were addressed and an updated landownership certificate was submitted. 8. CONCLUSION 8.1 The proposed development seeks to tackle and address the decline of Dumbarton Town Centre and successfully gained Levelling Up funding (now known as the Local Regeneration Fund). It feeds into the Connecting Dumbarton project as well as the adjacent Glencairn House project as part of this. As part of the application for Levelling Up Funding to the UK Government in March 2021 it was stated that “The Artizan is in long-term decline, there are too few people living in the town centre and there is little to attract workers or visitors to spend time and money in the town centre. Town centre regeneration is required now to improve experience, grow activity and ensure Dumbarton’s future sustainability.” The application highlights that commercial vacancy rates in the core town centre peaked above 30% twice in the previous 5 years. At the time of the application 40% of the floorspace of the Artizan Centre was vacant, compared to a Scottish average town centre vacancy rate of 12%. Asking
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rents for retail property fell from £16 per sq. ft in 2014, to £10 in 2021. This reflected two issues, first the quality and attractiveness of commercial property, and second, a significant oversupply of commercial property, particularly retail, in the town. The 2021 Levelling Up Funding application also states that there are high levels of deprivation with Dumbarton West being in the top half of deprivation indices across Scotland. Low incomes and restricted housing availability are the main deprivation factors affecting the area. Education and health indicators are also low while crime indices across much of the town centre are high. These inhibit investment in premises, limit consumer demand and influence the nature of public and private services and the facilities required to sustain a successful town centre economy. 8.2 The site is partially within the ‘Clyde Mission’ area, identified as one of eighteen National Developments with National Planning Framework 4 which recognises that significant land assets are under-utilised across the Clyde, and that longstanding inequality, in relation to poor environment and health outcomes require to be tackled as a national priority. The Clyde Mission designation aims to repurpose and reinvigorate vacant and derelict land as well as adapting the area to the impacts of climate change, where nature-based solutions would be particularly supported. 8.3 A housing emergency was declared by West Dunbartonshire Council on the 1st of May 2024 amid unprecedented pressures on the ability to meet the needs of those in social housing or seeking a Council property. At the time the housing emergency was declared there were over 5,500 households on the Council’s housing waiting lists, 274 people living in temporary accommodation and over 1,000 homeless assessments being carried out. 8.4 The intent of Policy 27 of NPF4 is to encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. Policy 27 specifically supports development proposals for residential development within town centres including new build developments. Policy 9’s intent is to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. Policy 16’s intent is to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. 8.5 The Artizan Centre is an existing shopping centre which makes up a large proportion of Dumbarton Town Centre. It has been demonstrated through the successful Levelling Up Fund application that the Centre is in decline and that the provision of the current level of retail within the town centre is no longer viable and this is to the detriment of the wider town centre. Given that the current provision of retail is no longer sustainable, it leaves to be considered what other acceptable uses the land within the town centre could accommodate. Guided by Policy 27, the proposed uses of housing, a health centre together with restaurants, cafes, hot food takeaways, public houses, offices, leisure outdoor space and public realm works are in line with the Town Centre first approach and will bring renewed vitality to the town centre which is identified as a national asset both in its context as a Town Centre but also as partially within a Clyde Mission area. It is acknowledged that the site is not identified as housing site, however, given that the last adopted Local Plan was adopted in 2010, some 16 years ago, it does not reflect an up-to-date position and much has changed in these 16 years. The Artizan Centre is however highlighted as a development priority within the more recent proposed LDP2. Given the current
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housing crisis and the decline of the town centre, it is on balance considered that the principle of the development is therefore acceptable. It is also considered that an appropriate design and could be achieved which would positively contribute to the six qualities of successful places and bring a sense of renewal to the wider town centre. The appropriate conditions, the site could also be developed without detriment to residential amenity, built heritage, traffic and parking and ecology. 8.6 Notwithstanding the strong support for the development as set out above, it is acknowledged that the site is at risk of coastal flooding, as is approximately two thirds of the defined town centre of Dumbarton. The intent of Policy 22 of NPF4 is to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. It is further acknowledged that SEPA have objected in principle to the proposal under their duty under Section 1 of the Flood Risk Management (FRM) (Scotland) Act 2009 to reduce overall flood risk and promote sustainable flood risk management. SEPA’s response relates solely to flood risk ad no other comments on the relative merits of the development and SEPA recognise that consideration of other policy elements and circumstances is a matter for the Planning Authority. This is reflected in the Chief Planners letter as set out in paragraph 7.50 above that it falls to the Planning Authority to consider all policies and material considerations to reach a balanced planning conclusion. The applicant has undertaken significant work to demonstrate that the full flood risk of the site is understood and, despite the objection, SEPA accept that it is understood. In this case it can be concluded that the flood risk is fully understood, the Council’s Roads Service does not object to the proposal, that flooding of this area is coastal flooding and therefore highly predictable and also that there are mitigation measures which can be undertaken as set out in paragraph 7.49 above. 8.7 Overall, the development draws strong support from many development plan policies and also falls into the Clyde Misson National Development. It will have significant benefits to the town centre in redeveloping underused and vacant brownfield land, the creation of quality homes and town centre living, the overall vitality, viability and economic prosperity of the town centre and a significant benefit to placemaking and the overall quality of the appearance of the town centre together with providing an attractive place and destination to visit. Whilst fully acknowledging the concerns set out in the objection from SEPA, in considering the development plan as a whole together with the nature of the flood risk and its predictability, and the mitigation measures that can be incorporated into the final design and operation of the site, it can be concluded that the development can be considered acceptable despite being contrary to Policy 22 of NPF4. It is therefore recommended that Planning Permission in Principle be granted. 9. CONDITIONS 1. The development to which this permission relates must be commenced no later than eight years from the date of this permission. Reason: To be in compliance with Section 59(2A) (b) of the Town and Country Planning (Scotland) Act 1997, as amended 2. That prior to the submission of the first application for the approval of matters specified by condition, a detailed phasing plan for the entire application site showing the relevant phases and anticipated timescales for the development of each phase, and the inter-relationship of the phases shall be submitted for the further approval of the Planning Authority. All applications for the approval of matters specified by
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condition shall thereafter either demonstrate compliance with the agreed phasing plan or include an updated phasing plan for approval. Development shall at all times proceed in accordance with the most up-to-date approved phasing plan unless otherwise first agreed in writing by the Planning Authority. Reason: To ensure the appropriate phasing for the comprehensive delivery of the development of the site. 3. No development shall commence within any phase of the development until such time as approval of the detailed design, layout and other matters associated with that development phase, (hereinafter called "the matters specified in conditions") has been granted by the Planning Authority. These matters are as follows: a. the siting, design, external appearance and external materials of all buildings and other structures, including floor plans and elevations. Full specifications of all materials must be submitted and samples submitted to the Planning Authority on request. the means of access to, and layout of, the site, including car parking provision inclusive of disabled bays, and the provision of electric vehicle charging, cycle parking provision and servicing arrangements in so far as is required. b. the details of, and timetable for, the implementation of the hard and soft landscaping for the site, including details of maintenance arrangements. c. full details of the design and location of all boundary walls and fences. d. details of existing and proposed site levels and site sections. e. details of flood mitigation measures. f. the provision of surface water drainage works incorporating Sustainable Drainage Systems (SuDS). For the avoidance of doubt, the submitted details shall be in accordance with CIRIA C753, the SUDS Manual and Sewers for Scotland This shall also demonstrate that all surface water is intercepted within the site. g. the disposal of sewerage. h. details of the storage and collection of waste and recycling from the development. i. detailed information on biodiversity enhancement measures to be incorporated into the development. j. details of tree protection during the construction phase. k. full details of the incorporation of low and zero carbon infrastructure into the development. l. an updated noise impact assessment specifically considering the detail of the development comprising that phase and any required noise mitigation measures shall be submitted. m. an updated air quality assessment specifically considering the detail of the development comprising that phase and any required air quality mitigation measures shall be submitted. n. a detailed report on the extent, scale and nature of any contamination for each development parcel/phase shall be carried out with a detailed remediation strategy and implementation plan detailing the measures necessary to bring the site to a condition suitable for the intended use. o. A Green and Active Travel Plan. Reason: In order to ensure that the development is of an acceptable appearance and character and that all associated technical issues are addressed. 4. That as part of the first application for matters specified by condition as required in connection with condition 3, a site-wide water environment investigation and assessment shall be submitted to and approved in writing by the Planning Authority.
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The report shall be prepared by a suitably qualified person and as a minimum shall include the following: a. Suitable and sufficient monitoring from across the entire site in order to identify the extent, scale and nature of contamination with regards to the water environment. b. An appropriate level of assessment in accordance with current guidance that identifies the key receptors and the significance of any pollutant linkages found to be present. Should a significant pollutant linkage be identified on the site then a site wide preliminary remedial options appraisal is to be provided that demonstrates whereabouts on the site remediation is considered likely. Any measures identified in the report shall be implemented as approved within a timescale agreed with the Planning Authority. Reason: To protect the wider environment and to ensure that the site is suitable for its intended use. 5. If there is a requirement to either re-use site won material or to import material then the assessment criteria and sampling frequency that would adequately demonstrate its suitability for use shall be submitted to and approved by the Planning Authority prior to any material being re-used or imported. In addition to this and in accordance with BS3882:2015 and BS8601:2013, material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours. On completion of the works and at a time and or phasing agreed by the Planning Authority, the developer shall submit a verification report containing details of the source of the material and appropriate test results to demonstrate its suitability for use. Reason: To protect public health and to ensure that the site is suitable for its intended use. 6. The presence of any previously unexpected contamination that becomes evident during the development of the site shall be reported to the Planning Authority in writing within one week, and work on the site shall cease. At this stage, if requested by the Planning Authority, an appropriate investigation and risk assessment shall be undertaken and a remediation scheme shall be submitted to and approved by the Planning Authority prior to the recommencement of site works. The approved details shall be implemented as approved. Reason: To protect public health and to ensure that the site is fit for its intended use. 7. That all surface water shall be intercepted within the site both during construction and on completion of the development. Full details of measures to ensure that surface water run-off is contained within the site shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site. The measures shall be implemented and maintained as approved. Reason: In the interest of management of surface water and drainage infrastructure. 8. Notwithstanding condition 3 above, no residential property shall be occupied until the contents of a Travel Information Pack which encourages reduced dependency on the private car by highlighting the location of local amenities, public transport services
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and active travel routes is submitted to and approved in writing by the Planning Authority. Thereafter, on the occupation of each residential property, the approved Travel Information Pack shall be provided to new residents. Reason: In the interests of encouraging sustainable travel habits 9. That unless otherwise first agreed in writing by the Planning Authority as part of any application for maters specified by condition for any phase of the development, a Construction Traffic Management Plan shall be submitted which shall include, but shall not necessarily be limited to the following: a. A construction programme b. details of wheel washing and road cleaning; c. hours of operation of site traffic; d. construction vehicle routes; e. prohibited routes; f. hours of deliveries; g. access to the site; h. construction traffic signage; i. parking locations of construction vehicles, site operatives and contractors which shall include staff parking out with the public road. Thereafter, construction traffic shall be managed in accordance with the approved arrangements at all times unless first otherwise agreed in writing by the Planning Authority. Reason: To ensure all matters relating to construction traffic are managed in an appropriate manner in the interests of road and pedestrian safety. 10. That unless otherwise first agreed in writing by the Planning Authority as part of any application for maters specified by condition for any phase of the development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Planning Authority. The CEMP shall include: a. A site specific CEMP outlining the details of all construction works and mitigation to be undertaken in relation to that phase together with an indicative timetable of activities. a. Hours of work associated with that phase for all works and ancillary operations (including piling) which are audible at the site boundary (or at such other place(s) as may first be agreed in writing with the Planning Authority) b. The hours of all delivery and other traffic arriving and leaving the site. c. A site waste management plan (dealing with all aspects of waste produced during the construction period) d. Details of the formation of the construction compound, welfare facilities, materials storage areas and stockpiles, car parking, compound lighting and boundary fencing e. A drainage management strategy for the site and a detailed drainage f. management plan, addressing the management of surface, ground and wastewater arising during construction. This shall demonstrate that all surface water is intercepted within the site during the construction period. g. Details for the sewage disposal and/or treatment from onsite welfare facilities The CEMP for each phase of the development shall thereafter be implemented on site as approved unless otherwise first agreed in writing by the Planning Authority.
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Reason: To ensure that construction is undertaken in an appropriate manner and to protect the amenity of nearby residents during the construction period. 11. No piling works shall be carried out until a method statement has been submitted to and approved in writing by the Planning Authority. This statement shall include an assessment of the impact of the piling on surrounding properties, taking into account the guidance contained in BS 6472-1: 2008 'Evaluation of Human Response to Vibration in Buildings'. It shall detail any procedures which are proposed to minimise the impact of noise and vibration on the occupants of surrounding properties. This statement shall be prepared by a suitably qualified person, and the piling works shall thereafter be carried out in accordance with the approved method statement. Reason: To minimise noise and disturbance to neighbouring residents/occupants during construction. 12. Unless otherwise approved in writing by the Planning Authority, no development shall commence on site until such time as a scheme for the control and mitigation of dust has been submitted to and approved in writing by the Planning Authority. The scheme shall identify likely sources of dust arising from the development or its construction and shall identify measures to prevent or limit the occurrence and impact of such dust. The approved scheme shall thereafter be implemented fully prior to any of the identified dust generating activities commencing on site and shall be maintained thereafter, unless otherwise approved by the Planning Authority. Reason: To minimise the occurrence of dust, in the interests of the amenity of the area. 13. That as part of the first application for matters specified by condition as required in connection with condition 3, full details of the implementation of a programme of archaeological works in accordance with a written scheme of investigation be submitted for consideration by the Planning Authority in consultation with the West of Scotland Archaeology Service. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented as agreed and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason: In the interests of the recording of antiquity. 14. All recommendations set out in Chapter 5 of the Preliminary Ecological Appraisal Report dated 21st February 2024 shall be followed to the satisfaction of the Planning Authority inclusive of the requirement for further survey work as may be required to inform any future application for approval of matters specified by condition under condition 3 above. Reason: In the interests of the protection of biodiversity. 15. Prior to the occupation of the first residential property within the site, the developer shall install the necessary infrastructure to enable the full development and all associated properties to be connected to the existing fibre optic network, where available in West Dunbartonshire, and in accordance with the relevant telecommunications provider’s standards. Reasons: In the interests of providing effective telecommunications connections.
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Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 3rd June 2026 Person to Contact: Michael Mulgrew, Planning & Building Standards Manager Email: Michael.Mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader Email: James.McColl@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application forms and plans 2. Representation 3. Consultation responses 4. National Planning Framework 4 5. West Dunbartonshire Local Plan 2010 6. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 7. Creating Places Guidance (2022) 8. Green Network and Green Infrastructure Supplementary Guidance (2022) 9. Dumbarton Town Centre Conservation Area Appraisal 10. Historic Environment Policy for Scotland 11. Historic Environment Scotland Managing Change in the Historic Environment Guidance Notes on Setting, External Walls and Shopfronts Wards affected: Ward 3 (Dumbarton)