Item 6b - DC26.030.FUL - Proposed change of use from private residential to commercial lets
West Dunbartonshire Council · 3 June 2026
Back to Planning Committee — 3 June 2026 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 3rd June 2026 DC26/030/FUL: Proposed change of use from private residential to commercial residential for short term lets by DMD Development Ltd at Flat 2/2, 19 Antonine Gate, Duntocher, Clydebank G81 6EG. 1. REASON FOR REPORT 1.1 Under the Council’s approved Scheme of Delegation, as this application is subject to a substantial body of objection on planning grounds, it requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 Grant planning permission subject to the condition set out in Section 9 of the report. 3. DEVELOPMENT DETAILS 3.1 The application site is located in a housing estate located immediately north of the A810 Dumbarton Road in Duntocher. The property is flatted and located in a block of six flats. While the block overlooks Dumbarton Road to the south, its main door is located in the northern elevation which overlooks the parking court at the head of Antonine Gate. The application property is served by a single parking space located north-east of the block in the aforementioned parking court, opposite of the block at no. 18. 3.2 The application property comprises a two-bedroom flat and also consists of a living room, a kitchen, a bathroom, a hallway and storage. One of the bedrooms also benefits from an en-suite bathroom. The overall footprint of the flat is around 100sqm. The flat does not benefit from access to any areas shared with other properties within the block, such as drying rooms, storage areas etc., except for access which is through a shared entrance and stairwell. 3.3 Planning permission is sought for change of use from a flat (sui generis) to a short term let (sui generis). An operational statement has been submitted with the application. This indicates a maximum of four guests per booking will be permitted and that this is to reflect the size and layout of the two-bedroom flat. The document also sets out a range of measures to actively manage and minimise noise from the proposed short term let. 4. CONSULTATIONS 4.1 None required. ITEM 6b
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5. REPRESENTATIONS 5.1 Seven representations in objection to the application were received. The full details are contained within the planning file and are available for public viewing. However, concerns raised can be summarised as follows: • A commercial short-term let use is inappropriate in a residential building, changing its character • Negative effect of the proposed use on the residential character of the area • Noise disturbance may occur due to the transient nature of the occupiers • Disturbance may occur within the shared spaces and entrance area of the block • Noise and disruption caused by recent works to the property • Excessive noise may occur from parties and anti-social behaviour • A negative impact on residents’ quality of life would occur • Misuse of the entry buzzer system may occur, adversely affecting the amenity of neighbouring properties • Security issues may arise including within the shared spaces and entrance area of the block • Erosion of the sense of community within the area may occur • Limited parking is available and additional traffic may occur • The proposed use prioritises financial gain for the owner over the long-term wellbeing of existing residents • Property values and the marketability of neighbouring flats may be impacted upon • Damage, vandalism and the potential theft of vehicle may occur with the introduction of the proposed use • Additional wear and tear on communal areas and management demands may occur • How noise and the number of occupants will be controlled and who will be responsible for managing this requires to be clarified • Increased risk of fire or flooding of the property by its users could impact upon neighbouring properties • There is no agreement with existing residents over the proposal • Lack of attractions in the local area to draw visitors to the property and this may adversely impact upon the profile of bookings that might be made for the property • A 21-day period was provided for comments to be submitted in respect of the proposal and this is not sufficient • Receipt of neighbour notifications was impacted upon by postal delivery delays and this compromised the ability of neighbours to comment. The above points are considered in the appraisal in the Section 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 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 to adapt to current and future risks from climate change. The proposal would have a neutral impact in respect of Policies 1 and 2.
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6.2 Policy 14 of NPF4 notes that proposals will be supported where they are consistent with the six qualities of successful places; healthy, connected, distinctive, pleasant, sustainable and adaptable. Adaptable includes supporting commitment to investing in the long-term value of buildings, streets and spaces by allowing for flexibility so that they can be changed quickly to accommodate different uses as well as maintained over time. Part b) supports proposals where they are consistent with the six qualities of successful places and part (c) advises that proposals which are detrimental to the amenity of the area will not be supported. The proposal is acceptable in this regard. 6.3 Policy 23 addresses a variety of matters with part e) advising development proposals that are likely to raise unacceptable noise issues will not be supported. As fully assessed in Section 7 below, the proposal is not considered to result in an unacceptable level of noise. 6.4 Policy 30 of NPF4 addresses tourism proposals with a general support for development proposals for now tourist accommodation under part a) Part e) specifically advises that proposals for the reuse of existing buildings for short term holiday letting will not be supported where they would result in an unacceptable impact on local amenity or the character of the local neighbourhood or the loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. The proposal is considered acceptable with reference to this Policy. 6.5 The proposed development is supported by all relevant policies of NPF4 and this is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 6.6 Policy GD1 states that new proposals should be appropriate to the local area in terms of land use and meet the parking requirements of the Council. Policy H5 advises that the character and amenity of existing residential areas, as identified on the Proposals Map, will be safeguarded, and where possible enhanced. Any non- residential uses would be appraised with regard to whether they can be considered ancillary or complementary to the residential area, and whether they would result in a significant loss of amenity to the surrounding properties. It is noted that a significant loss of amenity might occur in the form of increased traffic, noise, vibration, smell, artificial light, litter, hours of operation and general disturbance. As fully assessed in Section 7 below, the proposal is not considered to result in an unacceptable with reference to the above matters. 6.7 Policy LE8 of the Local Plan requires tourist related proposals to satisfy a number of criteria, which include the demonstration of a clear economic benefit and that there will be no adverse environmental effects. The policy does not, however, specifically address short term let proposals. The proposal presents no conflict with this policy. 6.8 The proposal overall complies with the relevant policies of the adopted Local Plan and is assessed fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 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
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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 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. Based on the contents of the operational statement submitted with the application, no residential amenity concerns arise. Policy H4 includes a general presumption against the establishment of non-residential uses within residential areas which would potentially have detrimental effects on local amenity or which cause unacceptable disturbance to local residents. Policy CP1 seeks to ensure that all development takes a design led approach and seeks to protect and enhance the amenity of existing communities. As fully assessed in Section 7 below, the proposal is not considered to result in an unacceptable impact with reference to the above matters. 7.3 Policy E6 states that while the development of new and existing tourist facilities will be supported and encouraged throughout the Council area, such developments must be in accordance with other relevant policies within the plan. The policy does not, however, specifically address short term let proposals. The proposal presents no conflict with this policy. 7.4 It is considered that overall, the application proposal being assessed complies with the relevant policies above. Principle of Development 7.5 Policy 30 of NPF4 sets out the most up-to-date development plan position on tourist proposals with part a) of the Policy setting out specific support for the principle of new tourist accommodation proposals. This support is not universal however, with part e) specifically addressing short term let proposals and advising that they are only acceptable where they do not adversely impact on local amenity or character and the loss of residential accommodation is not outweighed by local economic benefits. 7.6 Policy 14 of NPF4 supports proposals where they are consistent with the six qualities of successful places. The proposal to change the use of the residential flat to a short term let demonstrates being adaptable in that the proposal allows the premises to accommodate a different use. Again, this support is qualified through part c) which advises that proposals that are detrimental to the amenity of the area wouldn’t be supported. 7.7 In further considering the proposed use, whilst most often associated with tourism accommodation, it must also be recognised that short term let accommodation can provide benefit to the choice and variety of housing options on the market by providing short term solutions for accommodation and housing needs, accommodation for those moving between properties, and accommodation to support those moving to and working in the local area, particularly with reference to short term employment contracts. 7.8 The use of the premises for what is essentially an alternative form of residential accommodation within a residential area is considered acceptable in principle and with an expected focus on providing accommodation for tourists and visitors to the area, is supported in principle by Policy 30 of NPF4. It therefore rests to consider whether there are any material planning considerations or site constraints which suggest that the proposal would not be acceptable.
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Residential Amenity and Character 7.9 Tourism and other accommodation in the form of a short term let booked online, while akin to residential use in many respects, can contrast with a traditional residential use due to frequent changes in visitor profile and the potential for additional activity which could impact upon residential amenity. Such uses can be characterised by a lack of regularity and routine, with frequent arrivals and departures at varying times, sometimes during the late evening and early hours of the morning, depending on the travel arrangements of the guests. A variety of residential amenity concerns are raised in the objections received together with concerns regarding the impact on residents’ quality of live and it therefore requires to be considered whether an adverse impact upon established residential amenity would occur from this proposal. 7.10 The planning statement submitted in support of the application sets out how the premises will be managed and operated. It is advised that guests will be subject to strict house rules requiring noise to be kept to a minimum at all times, supported by enforced quiet hours between 10:00pm and 7:00am, during which check-ins and check-outs would not be permitted. It is stated that a noise monitoring device will be installed within the property to track sound levels and alert the management company if thresholds are exceeded, with persistent breaches leading to termination of a stay. All alerts and complaints will be logged and reviewed to identify patterns and enable operational adjustments where necessary. In addition, physical mitigation measures such as installing carpets in bedrooms and the hallway have been implemented within the premises. The statement sets out that these controls would be reinforced by proactive professional management, including clear communication of rules and swift response to any issues. The applicant also sets out that the premises will be marketed towards three-night minimum stays with two-night stays only accepted by exception during periods of low demand. It is highlighted that single night stays will not be permitted. 7.11 Concerns are also raised in the objections regarding the potential for noise and disturbance from inside the premises itself. Any flatted residential property will result in a degree of noise and activity associated with day-to-day living and the objections note recent noise and activity which occurred during recent internal refurbishment works. It is accepted that the pattern of any such noise and activity from the short term let use may change between guests, however this alone it not considered to result in an unacceptable impact upon residential amenity. The applicant sets out in their operational statement that a noise-monitoring device installed within the property would alert the management company to any instances of excessive noise, with an opportunity to address them as and when they happen. The specific proactive method of noise-monitoring proposed for the use is considered to have significant benefits over a passive and reactionary approach which is often reliant on third parties for reporting of noise issues. While not a matter that can be subject to planning control, it is also noted that the applicant states that carpeting of the property has taken place to manage any noise generated within the property during stays. 7.12 Given the premises will accommodate a maximum of four guests and with the approach to managing occupation including that of noise from within the premises, together with checking in and checking out, it is not considered that the activity within either the premises itself or the entrance and common close areas would be such that a significant and unacceptable impact on established residential amenity would occur beyond the established position. Whilst concerns regarding misuse of the entry buzzer system are raised in the objections, there is nothing to suggest this would
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occur. Ensuring that the premises is operated in accordance with the management plan set out by the applicant can be addressed by condition. 7.13 Concerns area also raised in the objections in respect of impact of the proposal on the wider residential character of the area. With no previous planning applications for short term lets within Antonine Gate, the locality will remain characterised by long term tenancy or owner occupation as is found with traditional residential properties. It is accepted that the due to the nature of short term let uses with occupants staying for only short periods means that occupants do not have the same relationship with neighbours than a permanent resident. This alone, however, does not mean an adverse impact upon residential amenity would occur or comprise a reason for the refusal of the application. It is therefore considered that this proposal will not have any notable impact on the wider residential character of the area. There is nothing to suggest that anti-social behaviour would occur within the area as a result of the short term let use. Whilst concerns regarding an increase in crime are also raised in the objections, this would be a matter for Police Scotland if this was to occur. 7.14 In terms of residential amenity, with the approach to the management of the premises set out by the applicant, it is not considered that the proposed short term let use would result in an unacceptable impact upon residential amenity beyond the established use as a residential flat or a change to the residential character of the local area. No concerns therefore arise in respect of Policies 14, 23 and 30e)i. of NPF4, Policies GD1 and H5 of the adopted Local Plan and Policies CP1 and H4 of proposed Local Development Plan 2. Economic benefit and loss of residential accommodation 7.15 The outstanding criteria of Policy 30 part e) of NPF4 requires the loss of residential accommodation to be weighed against the economic benefits of the short term let use. Economic benefits from the development would potentially arise from further spending on goods, services or attractions from tourists or visitors to the area utilising the short term let accommodation. Whilst the short term let use would result in the premises no longer comprising a traditional residential property, the premises itself will remain unchanged in terms of the layout and internal accommodation. It would remain fully capable of reverting back to a traditional residential use in the future. As set out above, short term let accommodation can also provide benefit to the choice and variety of housing options on the market, with STLs potentially accommodating demand for mid- to long stays. These might be required by individuals working in the area and staying in it for periods longer than those that could be accommodated at more typical tourism accommodation, such as hotels, but shorter than those that could be accommodated in traditional long-term property rentals. Overall, it is considered that the proposal can be accepted with reference to Policy 30 e) ii. of NPF4. Traffic, Parking and Accessibility 7.16 The proposal is for short term let use with maximum capacity of four guests and there is no change to the number of bedrooms within the premises beyond its original design as a residential flat. The property is currently served by one dedicated parking space, with uncontrolled on-street parking available in the vicinity of the site. Whilst the concerns regarding traffic and parking raised in the objections are noted, the arrangement is considered to be acceptable as it would be unlikely to generate impact on traffic and parking or generate significantly more vehicle trips beyond the established position. 7.17 Considering accessibility, the premises is located a five-minute walk from local shops and services. The premises is also a five-minute walk from the nearest bus stop
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providing for a range of local bus services, which in turn provide connections for onward transport options. The premises is therefore accessible by means other than the private car. Other matters raised in representations 7.18 With respect to the outstanding issues raised in the representations and not already assessed above, concerns are raised in respect of the neighbour notification and publicity of the planning application. All neighbours within 20 metres of the application site were notified in accordance with the requirements of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. Whilst the concerns in the objections that postal system delays resulted in these notifications taking several days to reach their destination are noted, it is not this Authority’s practice to refuse to accept representations beyond the 21-day period set out within the notification issued. The application was also subject of a press advertisement and this had a later date for the submission of representations than the neighbour notification. It is not considered that any postal delays have compromised the ability to submit a representation on the application. 7.19 Property values and the marketability of neighbouring property are not material planning considerations. Maintenance of common areas is a civil matter between the parties involved and whether the application has been submitted for the financial gain of the applicant can have no bearing on the assessment of the proposal. There is nothing to suggest that there will be an increase in the potential for fires or flooding and associated damage to neighbouring property. In any case, any damage to neighbouring property would be a civil matter. The lack of any agreement with existing residents is also not a planning matter. The availability of visitor attractions within the area can have no bearing on the assessment of the application. 8. CONCLUSION 8.1 Overall, it is concluded that the proposal is unlikely to result in significant noise disturbance to neighbouring flats beyond the established position. Moreover, looking at wider amenity, it is also not expected that any negative impacts would arise from the traffic or parking generated by the proposal beyond those characterised by the use of the property as a flat. 8.2 Subject to the condition below, the proposal is considered to be acceptable with reference to NPF4, the adopted Local Plan and proposed Local Development Plan 2. Whilst the concerns raised in the objections are acknowledged, there are no material considerations indicate the application should be refused. Granting planning permission would also be consistent with other similar proposals and previous Local Review Body decisions. Planning permission should therefore be granted subject to the condition below. [CONTINUES OVERLEAF]
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9. CONDITIONS 1) The short term let accommodation shall be operated and managed at all times in accordance with the details set out in the approved Operational Statement, to the satisfaction of the Planning Authority, unless otherwise first agreed in writing by the Planning Authority. Reason: To ensure appropriate management of the short term let in the interests of residential amenity. 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, inclusive of the operational statement 2. National Planning Framework 4 3. West Dunbartonshire Local Plan 2010 4. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended. 5. Representations Wards affected: Ward 4 (Kilpatrick)