Item 5a - DC24.091.FUL - Further application under s42 not to comply with condition 11 of DC21.115.FUL at Queens Quay Dev site
West Dunbartonshire Council · 4 June 2025
Back to Planning Committee — 4 June 2025 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 4th June 2025 DC24/091/FUL: Further application under Section 42 to not comply with condition 11 of planning permission DC21/115/FUL at Queens Quay Full Dev Site, Cart Street, Clydebank by Clydeside Regeneration Limited 1. REASON FOR REPORT 1.1 The planning application which seeks to vary a condition attached to a previous planning permission and the proposal 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 3. DEVELOPMENT DETAILS 3.1 The site comprises the Queens Quay Masterplan area consisting of 23ha. The extent of the masterplan area lies to the south of Clydebank Town Centre on the north bank of the River Clyde, which was previously John Brown & Co shipyard. Planning permission in principle was granted (DC15/234) for mixed use development including residential (including affordable/community housing), retail (Class 1), financial/service (Class 2), restaurant (Class 3), public house, office (Class 4), hotel (Class 7), care home (Class 8), health centre (Class 10), assembly and leisure (Class 11) uses, with associated car parking, access road, quay wall improvements and landscaping in March 2016. The approved Masterplan and Design Framework seeks to redevelop the area through a residential-led, mixed-use development which re-integrates the waterfront with the wider Clydebank area. 3.2 Significant process has been made on the re-development of the site with the spine road infrastructure and the works around the basin now complete and in place. Planning permission was granted for the erection of a new health and care centre in May 2018 (DC16/244) and permission for the erection of 146 flatted dwellings and 4 commercial units was granted in March 2019 (DC18/272). In January 2018, planning permission was granted for the erection of a water source heat pump energy centre (DC17/231). The new Clydebank Care Home and Energy Centre have been completed and the Health and Care Centre as well as 146 affordable homes. In addition, in 2021 planning permission was also granted for a Section 42 application (DC21/115/FUL) to vary Condition no. 1 (development phasing), Condition no. 3 (Design Codes reference) and Condition no. 27 (Bird Hazard Management Plan) of permission DC15/234. ITEM 5a
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3.3 This current application seeks permission to modify the terms of condition 11, which was attached to application DC21/115/FUL. Condition 11 of application DC21/115/FUL reads as follows: All applications for the approval of matters specified in conditions shall comply with the recommendations of the Flood Risk Assessment (October 2015), that is, land raising of low-lying areas of the site to above the 1 in 200 year plus climate change flood level (set at 5.1m AOD), and finished floor levels of all buildings are to be set to at least 0.6m above the 1 in 200 year plus climate change flood level at 5.7m AOD. All development shall be implemented in accordance with these details. 3.4 The applicant has proposed an amended change in wording as follows: All applications for the approval of matter specified in conditions shall comply with the recommendations of the Flood Risk Assessment (October 2015), that is, land raising of low-lying areas of the site to above the 1 in 200 year plus climate change flood level (set at 5.1m AOD) and finished floor levels of all buildings are to be set at least 0.6m above the 1 in 200 year plus climate change floor level at 5.7m AOD EXCEPT on the site frontage shown on Goodsons Plan 12745-GOO-XX-XX-DDR-C-520600, where the finished floor level will be set at 6.1m AOD. All development shall be implemented in accordance with these details. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service (Flooding) No objections. It is noted that the Flood Risk Assessment (October 2015) used UKCP09 with 20% for Climate Change allowance for the finished floor levels. Recommend that the finished floor levels are checked against the current Climate Change Allowances for the Clyde region using UKCP18 predictions for this site. 4.2 Scottish Environment Protection Agency (SEPA) Initially provided a holding objection and requested further information relating to an update to the flood risk area and minimum Finished Floor Level as well as an update of the proposal to ensure compensation for any additional loss of floodplain capacity. Once further information was provided SEPA confirmed that they would have no objection if the wording were updated to reflect the updated flood level of 5.4m AOD and FFL of 6.1m AOD across the whole site. 5. REPRESENTATIONS 5.1 Seven objections were received from neighbouring residents. The full details are contained within the planning file and are available for public viewing. However, the key points of objection can be summarised as follows: Traffic • There is currently a high level of traffic on Dumbarton Road. Construction • Concerns relating to noise from the development when working from home and within garden grounds • Noise, piling and general pollution may occur during construction and have an adverse impact on local residents • Previous construction works have caused cracks to appear in neighbouring buildings.
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Ecology and biodiversity • The development will impact upon ecology and wildlife including Skylark, deer and rabbits. • Concerns for contamination of the current water sources and the possible contamination of the ecosystem. • There are trees on the application site which may be removed. Other matters • There is no information on what is proposed to be built on site and no details of building elevations and materials • Residents view of the waterfront will be lost • The development may result in an increase in rodents • Concerns regarding the impact on property values • The application site comprises a green area which will be lost. • Concerns regarding arrangements for the increase of water and drainage, with existing drains already clogged. • The development may exacerbate current problems with heating and water. • Land at Cable Depot Road should be developed rather than this site. • Affordable housing and a development for the community should be proposed for the site. The concerns raised shall be considered in the appraisal in the Section 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN 6.1 This application, submitted under Section 42 of the Town and Country Planning Scotland Act 1997 (as amended), seeks to vary the terms of condition 11 of planning permission DC21/115/FUL which itself varied planning permission in principle DC15/234. Annex H of Scottish Government Circular 3/2022 – Development Management Procedures sets out that in determining Section 42 applications, planning authorities may only consider the issue of the conditions to be attached to any resulting permission. However, as the effect of granting this Section 42 application will see the planning permission renewed, the Planning Authority is entitled to look at the principle of development in the light of any material change in the Development Plan policies. Whilst the adopted Local Plan and proposed Local Development Plan 2 were both in place at the time the last Section 42 application (DC21/115/FUL) was considered and effectively renewed the permission in being granted, National Planning Framework 4 has become part of the development plan since this previous application. It is therefore appropriate to consider the principle of the development with reference to the development plan. National Planning Policy 4 6.2 The site is 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, (including waterfront sites such as Queens Quay) 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.
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6.3 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. Subject to a variety a matters being addressed by condition, the proposal would have a neutral impact in respect of Policies 1, 2 and 3. 6.4 Policy 7 states that development proposals with a potentially significant impact on historic assets or places will be accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. A variety of listed buildings lie in the vicinity of the site including the Category A listed Titan crane. In previously granting planning permission for the site, it was concluded there was no adverse impact and this position remains. Policy 9 relates to brownfield, vacant and derelict land and empty buildings and states that 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. The redevelopment of this large brownfield site is this supported by the Policy. Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies. 6.5 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. The application site is located in a central, accessible urban area near a wide range of facilities and transport connections. Future applications for matters specified by condition for the detail of the development on site will ensure proposals are acceptable with reference to the existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to affordable and accessible housing options, ability to age in place and housing diversity. There is thus no conflict with these Policies. 6.6 Policy 16 relates to quality homes. Part (a) states that Development proposals for new homes on land allocated for housing in LDPs will be supported. This site is for identified under the adopted and proposed plans and is therefore supported under this Policy. 6.7 Policy 22 - 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 proposal has no objections from SEPA and as such there is no conflict with the policy. 6.8 Policy 23 relates to Health and safety. Part (e) states that development proposals that are likely to raise unacceptable noise issues will not be supported. No concerns arise in respect of this policy. Policy 28 relates to Retail and states that development proposals for retail (including expansions and changes of use) will be consistent with the town centre first principle. 6.9 With appropriate planning conditions, the proposed development is supported by all policies of NPF4 and is assessed fully in Section 7 below.
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West Dunbartonshire Adopted Local Plan 2010 6.10 The application site is identified as a regeneration priority, and under Policy RP1 there is support for the redevelopment of underused, vacant and derelict land. The majority of the proposal site is identified as housing development opportunities and Policy H1 identifies the site for private sector housing development with an indicative capacity of 1028 units and Policy H3 identifies the site for social rented housing development with an indicative capacity of 60 units. 6.11 Design and layout considerations are set out in Policy GD1 which outlines that all new development is expected to be of high-quality design and to respect the character and amenity of the area in which it is located. Proposals are required to be considered against a list of development control criteria. Policy H4 outlines requirements of new housing developments in relation to design standards and Policy GN1 requires consideration of the impact of development on the Green Network. Policy BE2 aims to ensure that in relation to any works affecting a listed building or its setting, its appearance, character and setting is not adversely affected and Policy BE4 presents the Titan Crane as a Listed Building opportunity where its proposed leisure/ tourism uses (already implemented) should be compatible with surrounding land uses. Policy R2 provides detail on the open space provision expected as part of a proposal. Policy R5 requires developers of waterfront sites to provide paths to and along the riverbank. In accordance with Policy DC3, development within the safeguarding zone around Glasgow Airport, should not affect the operational integrity or safety of the airport. In previously granting planning permission for the site it was concluded the development was acceptable with reference to the above policies and this position remains. 6.12 In respect of retail activities proposed, Policy RET1 requires a sequential approach to site selection for new retail, commercial leisure, cultural and public service development. Policy RET2 requires that consideration be given to the availability of expenditure in the catchment to support the development, the impact on the vitality and viability of town centres, whether the development addresses any quantitative or qualitative deficiencies in retail provision, and other technical, accessibility and environmental matters. In previously granting planning permission for the site it was concluded the development was acceptable with reference to the above policies and this position remains. 6.13 Policy T1 supports measures to provide sustainable transport modes including footpaths, cycle routes and improved access to public transport. Policy T2 states that the Council will identify opportunities for access improvements to Regeneration Priorities. Policy T4 requires development sites to be well integrated into walking, cycling and public transport routes. Significant new development is to be accessible to public transport networks and developer contributions will be required where such development is shown to impact on public transport infrastructure. There is no change to this position since the previous grant of planning permission. 6.14 Policy E2A states that development likely to have a significant effect on a Natura 2000 site will be subject to an appropriate assessment. Where an assessment is unable to conclude that a development will not adversely affect the integrity of the site development will only be permitted where: there is no alternative solutions; there are imperative reasons of overriding public interest. Policy E2B states that development that affects an SSSI will only be permitted where an appraisal demonstrates: the objectives of the designated area and the overall integrity of the area would not be compromised; or any significant adverse effects are clearly outweighed by social or economic benefits of national importance. In this instance the Natura 2000 site is the Inner Clyde SPA. This was fully assessed in previously granting planning permission.
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6.15 Policies F1 states that the Council will resist development that is likely to increase the risk of flooding or are located in a functional flood plain. Policy F2 requires inclusion of sustainable urban drainage. Policy F3 states that the Council will use the standards of flood protection set out in Scottish Planning Policy. The up-to-date development plan position in flooding is set out within Policy 22 of NPF4 which therefore has primacy in this instance. 6.16 Planning permission in principle has previously been granted for the site and it remains that proposal overall complies with the 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 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 Through Policy Queens Quay Policy 1 land to the West of Garth Drive, known as Plots 4 and 5, will continue to be supported for Business, Industrial, Commercial and Restaurant uses. Hotel or commercial leisure uses will also be considered in this area where the criteria in Policy E2 are met. The development of the site is supported by these policies. 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. The proposal offers no conflict with the six qualities of successful places. 7.4 Policy H2 states that sites in Schedules 2 and 3 are reserved for new housing development. 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. No residential amenity concerns arise. 7.5 Policy SC1 Sequential Approach and Policy SC5 Ancillary Retail Uses relate to retail and state that proposals for retail, commercial and leisure investment, and other key Town Centre uses, should align with the sequential approach and that development proposals that incorporate or assist in the delivery of ancillary and compatible uses, which enhance the sustainability and vitality of the community, will be supported where it can be demonstrated that they meet a local need, complement the primary use and have no negative impact on the network of centres 7.6 Policy BE2 relating to Listed Buildings states that development that would adversely affect the special interest, character or setting of a listed building will not be permitted unless it can be clearly demonstrated and it meets certain criteria. The proposal is acceptable with reference to this policy.
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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. 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. Subject to conditions, there is no conflict with these policies. 7.9 Policies ENV8 relates to Air, Light and Noise Pollution and Policy ENV9 Contaminated Land. 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. Developments which do not meet these requirements will not be acceptable unless sufficient justification has been provided to demonstrate why a departure from these strategies is required. No concerns arise in respect of the relevant matters. 7.10 It is considered that overall and subject to conditions, the application proposal being assessed complies with the relevant policies above. Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.11 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 and it is considered this is achieved. No conflicts therefore arise with the guidance. 7.12 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. Assessment of Section 42 applications 7.13 As set out in paragraph 6.1 above, in determining a Section 42 application, planning authorities are normally limited to considering the matter of the conditions to be attached to any resulting permission. A Planning Authority may grant the permission subject to conditions differing from those subject to which the previous permission was granted or the Planning Authority may decide that the permission should be subject to the same conditions as originally granted. The former decision would result in the grant of a new permission with different conditions, and the latter decision would result in the refusal of the application, and no new permission would be granted. 7.14 The most recent permission (DC21/115/FUL) for the site expired following the submission of this application and cannot be implemented. The courts have provided guidance on such situations. As the practical effect of a refusal of this Section 42 application will in effect mean that the development would not be capable of being progressed, the Planning Authority is entitled to look at the principle of development in the light of any material change in the Development Plan policies. This is the case even when Section 42 stipulates that ‘only the question of the conditions’ shall be considered. 7.15 The context of this particular case is that DC21/115/FUL was determined by the Planning Committee in June of 2021 under the adopted Local Plan (2010) and the proposed Local Development Plans 1 and 2. Since then National Planning Framework (NPF) 4 has been adopted as part of the development plan. Proposed Local
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Development Plan 1 no longer forms a material planning consideration however proposed Local Development Plan 2 remains the Council’s most up to date spatial strategy, subject to compatibility with NPF4. 7.16 The 1997 Act requires that when making decisions under that Act it is necessary to have regard to the Development Plan and make decisions that accord with it unless material considerations indicate otherwise. It is therefore necessary to consider the principle of development, consider how it complies with current policy, and consider whether the application should be refused, or approved with amended, or new, planning conditions. Principle of Development 7.17 Since the planning consent to which the condition applies can no longer be implemented, the effect of granting this Section 42 application means that a new planning permission will be granted. The Planning Authority is therefore required to consider the principle of development in the light of any material change in the Development Plan policies. 7.18 The site is part of an allocation for housing in both the adopted Local Plan and proposed Local Development Plan 2 with a retail allocation also in the adopted Local Plan and mixed-use development in the proposed Local Development Plan 2. Queens Quay is the largest and most significant regeneration opportunity in West Dunbartonshire, covering an area of 41 hectares to the south of Clydebank Town Centre and fronting onto the River Clyde. It lies within the Clydebank Waterfront Strategic Economic Investment Location which supports the key sectors of business and financial services, as well as life sciences. The development of this site is consistent with the both the adopted Local Plan, proposed Local Development Plan 2 and NPF4 of providing housing and business in sustainable locations through urban consolidation and utilising brownfield land thereby reducing the need to encroach onto greenfield sites and maximising sustainability benefits. 7.19 It is therefore considered that there continues to be support within both the adopted and proposed plans for housing and mixed-use development in this location and is consistent with policies outlined above. Whilst concerns are raised in the objections received in respect of the development of the site and concerns specific to traffic, Noise and ecology, such matters were fully considered in previously granting planning permission in principle. Contrary to the objections received, the application site does not comprise an area of greenspace Overall, the principle of the development remains acceptable. Flood risk and water management 7.20 The Section 42 application has been submitted to alter Condition 11 so that figures noted in the original condition relating to land raising and floor level can be amended. To assess if it is acceptable to amend these figures there needs to be an assessment as to the reason the figures were first conditioned and whether or not these figures still apply. 7.21 The condition was applied as “the site is at risk from flooding by the adjacent River Clyde”. Since the attachment of this condition to the previous granting of planning permission in principle in 2016, there has been a change in policy position in that National Planning Framework 4 has been introduced. Through policy 22 of NPF4, there has been a shift to promoting an avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. In addition, updated flood modelling for the Clyde area is now available.
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7. 22 The applicant proposed to update the wording of the condition to add reference the site frontage where the proposed finished floor level will be set at 6.1m AOD. This would mean the rest of the condition originally added would be maintained with the rest of the site sitting at 5.07m AOD. SEPA were consulted on the application and initially objected to the proposal requesting further information from the applicant. When this was provided, SEPA suggested that the objection would be maintained unless the condition was further reworded to ensure that finished floor levels were set at 6.1m AOD across the whole of the site. The applicant has confirmed that this would be acceptable by them and as such the condition has been further reworded to include this recommendation by SEPA. 7.23 As such, it is recommended that the condition read as follows: “All applications for the approval of matters specified in conditions shall include land raising of low-lying areas of the site to above the 1 in 200 year plus climate change flood level (set at 5.4m AOD), and finished floor levels of all buildings are to be set to at least 0.6m above the 1 in 200 year plus climate change floor level at 6.1m AOD. All development shall be implemented in accordance with these details.” 7.24 When undertaking the assessment of the proposed variation to Condition 11, Policy 22 of NPF4 is relevant. Policy 22 (Flood risk and water management) of NPF4 seeks to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Policy 22 states that development proposals at risk of flooding or in a flood risk area will only be supported in certain circumstances, including 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. In such cases, it will be demonstrated by the applicant that: all risks of flooding are understood and addressed; there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; the development remains safe and operational during floods; flood resistant and resilient materials and construction methods are used; and future adaptations can be made to accommodate the effects of climate change. The Council’s Road Service offer no objections on flooding grounds but highlight the updated climate modelling. SEPA offer no objection to the proposal. However, in order to take account of the updated climate and flood modelling, the granting of this application requires to be subject of the condition set out in paragraph 7.23 above. It is considered that subject to this condition the development proposal is acceptable with reference to with the adopted Local Plan and proposed Local Development Plan policies and with the increased flood resilience resulting from the additional conditioned requirements and the more compliant with Policy 22 of NPF4. Outstanding matters raised in representations 7.25 Considering the outstanding points within the objections not already covered in the assessment above, whilst an element of disruption can be expected during the construction phase, this can be mitigated against through a Construction Environmental Management Plan and this is recommended to be addressed by condition. Damage to neighbouring properties would be a civil matter between the parties involved. This application relates to a planning permission in principle and as such the detail of the development including layout, design and drainage will be addressed via future applications for the approval of matters specified by condition. Loss of view, the reduction in property value and concerns regarding rodents are not material planning considerations and there is nothing to suggest the development would result in adverse issues relating to heating and hot water.
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8. CONCLUSION 8.1 The acceptability of the re-development of the site has previously been established with the granting of planning permission in principle (ref: DC15/234) and previous Section 42 applications (ref: DC21/115/FUL). This application is a Section 42 application to vary the terms of condition 11 of planning application DC21/115/FUL. Following consideration of the applicants proposed variation to the condition and informed by the consultation responses from SEPA and the Council’s Road Service, it is concluded, subject to the further revised wording being applied as set out in paragraph 7.23 above, the proposal is in accordance with Policy 22 of NPF4. 8.2 As the effect of granting this Section 42 application is that the previous planning permission is renewed and a new permission granted, it has been considered whether any change in any material considerations has occurred since the previous grant of permission. In this respect, NPF4 is now part of the development plan. Having assessed the proposal with reference to NPF4, it remains that, subject to the conditions set out below, it is considered that the proposal is acceptable with reference to the development plan. All other conditions are re-imposed to this permission together with additional conditions 26 and 27 to address low carbon energy technologies and biodiversity to comply with policies 3 – Biodiversity and 11 – Energy of NPF4 9. CONDITIONS 1. For the avoidance of doubt, Phase 1 works relate to any works associated with the spine road, road improvements, quay walls, and public realm. The linear park will be completed following completion of the relevant residential phase to which it relates with the pocket parks and basin play park to be completed within a timescale agreed with the Planning Authority, all identified on annotated masterplan E2604.Sk001revJ received on 22nd June 2021 in connection with planning application DC21/115/FUL. Reason: To provide clarity and to ensure the conditions relate to the correct phasing. 2 Prior to commencement of any development on site, further applications for the approval of matters specified below shall be obtained from the planning authority. Applications shall include: a) site layout plans showing the position of all buildings, roads, footpaths, parking areas, walls, fences and landscaping; b) block and layout plans and elevations of each building, showing dimensions and palettes of external materials; c) landscape and streetscape plans showing the location and species of all proposed trees, shrubs, hedges, palettes of hard landscaping materials and street furniture; d) details of existing and proposed ground levels, and finished floor levels, relating to a clearly identified fixed datum point; e) a detailed report on the extent, scale and nature of any contamination of the site; and f) a detailed remediation scheme detailing the measures necessary to bring the site to a condition suitable for the intended use. Reason: To ensure full details are provided for each aspect of the development. 3. As part of any application(s) for approval of matters specified in conditions, and with regard to the requirements of condition 2 above, the design and layout of development parcels shall comply with the design principles/intents set out in sections 05 and 06 of the Design & Access Statement (Rev C, March 2016), the accompanying Framework
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Drawing No. P(0) 003 Rev E (or any subsequent amendments thereto), and the approved Design Codes for Queens Quay (approved September 2020) unless otherwise agreed in writing by the Planning Authority. Reason: To ensure the design principles agreed in these documents form part of the consideration of any subsequent planning applications 4. At the same time as the submission of the first commercial use application (excluding any district heating system) a mini masterplan shall be submitted for the mixed used area coloured yellow on Drawing No. P(0) 003 rev E (including building plots, design principles and a parking strategy) for the further approval of the Planning Authority. Reason: In order to allow consideration of the proposed mix of uses, and to ensure consistency of design standards across the site and that a parking strategy is considered early in the design process. 5. As part of any application(s) for the approval of matters specified in conditions for Phase 1 works, and notwithstanding the requirements of condition 2c) above, details of the landscaping strategy for the spine road, linear park and pocket parks shall include: a) location and species of all proposed trees, shrubs, hedges; b) palettes of hard landscaping materials, street furniture and play equipment; c) identify potential locations for public art; and d) the means of management and maintenance of the landscaping and public open space. Reason: To ensure full details are submitted for further consideration. 6. No development (other than the spine road works, road improvement works, quay wall works, public realm works, health and care site works and investigative works, but excluding the linear and pocket parks) shall commence on site until such time as a site-wide water environment investigation and assessment has been submitted to and approved in writing by the Planning Authority. 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 site in order to identify the extent, scale and nature of contamination with regards to the water environment. b) An appropriate level of assessment that identifies the key receptors and the significance of any pollutant linkages found to be present. c) 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 public health and to ensure that the site is suitable for its intended use. 7. No development (other than the spine road works, road improvement works, quay wall works, public realm works, health and care site works and investigative works, but excluding the linear and pocket parks) shall commence on site until such time as a site wide assessment of the underlying ground gas regime has been submitted to and
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approved in writing by the Planning Authority. 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 site in order to assess the ground gas conditions that currently exist under the site. b) A strategy confirming that and detailing how the monitoring of ground gas boreholes will continue throughout the various development phases. It should also refer to the future method of reporting to the Planning Authority as the development progresses. c) A preliminary assessment of the implications of the existing ground gas conditions on the proposed mixed-use development. Any measures identified in the report shall be implemented as approved within a timescale agreed with the Planning Authority. Reason: To protect public health and to ensure that the site is suitable for its intended use. 8. As part of any application(s) for the approval of matters specified in conditions, Noise Impact Assessments for each development parcel shall be carried out to assess the potential impacts of noise from sources including road traffic, air traffic, plant equipment and entertainment noise and submitted for the further approval of the Planning Authority. Reason: In order to avoid disturbance to residential properties. 9. Prior to the reuse of material from the onsite spoil mounds and/or the importation of any material onto the site, details of the source of the material and associated test results to demonstrate its suitability for use shall be submitted to the Planning Authority for approval. In addition to this and in accordance with BS3882:2015, the material shall also be free from metals, plastic, wood, glass, tarmac, paper and odours associated with contaminated soils. Reason: To protect public health and to ensure that the site is suitable for its intended use. 10. No development shall commence until the developer submits an archaeological mitigation strategy for the further approval of the Planning Authority. Thereafter the developer shall ensure that the approved strategy is fully implemented in accordance with the recommendations set out in sections 8.339 – 8.353 of the Environmental Statement approved under planning permission DC15/234 and that all recording and recovery of archaeological resources within the development site is undertaken in agreement with the Planning Authority and West of Scotland Archaeology Service. Reason: The site is of archaeological significance and the strategy will set out the general scope of mitigation work to be followed before and during development but allow the detailed preparation of more detailed Written Schemes of Investigation to be brought forward for approval as each development parcel becomes imminent. 11. All applications for the approval of matters specified in conditions shall include land raising of low-lying areas of the site to above the 1 in 200 year plus climate change flood level (set at 5.4m AOD), and finished floor levels of all buildings are to be set to at least 0.6m above the 1 in 200 year plus climate change floor level at 6.1m AOD. All development shall be implemented in accordance with these details.
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Reason: To mitigate against the risk from flooding by the adjacent River Clyde. 12. As part of the approval of matters specified in conditions, each development parcel shall comply with the recommendations of the Drainage Impact Assessment (Rev B, October 2015) with details of the means of disposal of surface water, foul sewage and a Sustainable Urban Drainage Scheme to be submitted for the further approval of the Planning Authority. Reason: To ensure an appropriate means of drainage for the site. 13. The number of dwelling units consented for the site shall not exceed 1,056 units unless otherwise first agreed in writing by the Planning Authority. Reason: In order to ensure that the density of development is appropriate to the site and that the number of dwelling units does not exceed the figure upon which the Transport Assessment was based without proper consideration of any resultant implications. 14. Prior to the commencement of development, a strategy detailing the implementation of community/affordable housing provision within the site shall be submitted for the further approval of the Planning Authority. Reason: In order to ensure the provision of an appropriate level of social housing. 15. As part of the Phase 1 application for the approval of matters specified in conditions, a Construction and Environmental Management Plan shall be submitted for the further approval of the Planning Authority in consultation with NatureScot. It shall: a) detail measures to screen the development in terms of noise and visual disturbance from the Inner Clyde SPA, Ramsar site and SSSI; b) detail measures to limit pollution to the Inner Clyde SPA, Ramsar site and SSSI; c) identify those works that are likely to have significant potential for visual and noise disturbance, such as piling. No works which are identified as likely to have a significant potential for visual and/or noise disturbance shall be carried during the main wintering period (September to early April). The Construction and Environmental Management Plan shall be implemented within a timescale agreed with the Planning Authority. Reason: In order to minimise the risk of the development giving rise to adverse impacts upon the protected Inner Clyde SPA, Ramsar site and SSSI. 16. As part of the Phase 1 application for the approval of matters specified in conditions, a detailed Recreation and Access Management Plan which details measures to limit potential disturbance to the north shore of the Inner Clyde SPA, Ramsar site and SSSI from increased access to the river shall be submitted for the further approval of the Planning Authority and implemented within a timescale agreed with the Planning Authority. Reason: In order to minimise the risk of the development giving rise to adverse impacts upon the protected Inner Clyde SPA, Ramsar site and SSSI. 17. As part of the Phase 1 application for the approval of matters specified in conditions, the applicant shall submit a Sustainable Transport Strategy which shall include details of:
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a) bus integration into the site; b) walking routes to/from the site; c) location of bus stops; d) green travel plans; and e) initiatives towards encouraging bus services into the site. The recommendations of the Sustainable Transport Strategy shall require to be implemented in accordance with an agreed phasing plan within a timescale agreed with the Planning Authority. Reason: To deliver effective, efficient and integrated transport for the site that does not have a detrimental impact on the sustainability of the existing town centre. 18. As part of any application for approval of matters specified in conditions, a Travel Plan shall be submitted to and approved by the Planning Authority detailing the opportunities for sustainable travel to and from that development parcel. Reason: To promote sustainable means of transport and to reduce reliance on the car. 19. As part of the Phase 1 application for the approval of matters specified in conditions, the following shall be included: a) details of parking provision for visitors to the Titan Crane and the riverside walkway; and b) details of the new signal-controlled junction and realignment of Cable Depot Road (section 9.14 of the Transport Assessment (October 2015). c) These works shall be implemented as approved as part of the Phase 1 works to the site. Reason: To ensure that the development is provided with adequate parking facilities in order to minimise the incidence of roadside parking which would be a danger to other road users. 20. Prior to any part of the development site being occupied or otherwise being brought into use, the works recommended in the Transport Assessment (October 2015) to realign Ailsa Road (section 9.12) and carry out layout improvements to Cart Street/Glasgow Road junction (section 9.23) shall be implemented as approved. Reason: To ensure that the development is provided with adequate parking facilities in order to minimise the incidence of roadside parking which would be a danger to other road users. 21. As part of any application(s) for the approval of matters specified in conditions, parking spaces shall be provided in accordance with the Council’s adopted parking standards, and no building shall be occupied until its parking facilities have been completed. Reason: To ensure that the development is provided with adequate parking facilities in order to minimise the incidence of roadside parking which would be a danger to other road users. 22. As part of any application(s) for the approval of matters specified in conditions, each residential unit shall be provided with a secure covered bicycle storage facility at ground floor level. Each non-residential development shall have adequate secure
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covered cycle storage for staff in addition to adequate securable covered cycle facilities for visitors/customers. Reason: To encourage the use of sustainable forms of travel and to discourage crime by providing secure facilities. 23. The amount of retail floor space permitted is 3,000m² (gross). Any unit trading primarily in convenience goods shall not exceed 1,000m². Any unit trading in comparison goods shall not exceed 250m². Proposals to exceed these floor space thresholds shall be the subject of a separate planning application and retail statement for the further approval of the Planning Authority. Reason: To limit the impact of the development on Clydebank town centre to the levels tested in the Planning and Retail Statement (GVA James Barr, October 2015), and to ensure that a convenience store is included in the development which is of a size to increase choice within Clydebank. 24. As part of any application(s) for the approval of matters specified in conditions details of soft and water landscaping works shall be submitted to and approved in writing by the Planning Authority in consultation with Glasgow Airport. Details must comply with Advice Note 3 “Potential Bird Hazards from Amenity Landscaping & Building Design”. These details shall include: • The species, number and spacing of trees and shrubs • Details of any water features • Drainage details including SUDS – such schemes must comply with Advice Note 6 “Potential Bird Hazards from Sustainable Urban Drainage Schemes” The scheme shall be implemented as approved. Reason: To avoid endangering the safe movement of aircraft and the operation of Glasgow Airport through the attraction of birds and an increase in the bird hazard risk of the application site. 25. Any development that would create a roof area greater than 250 square metres with a roof pitch of less than 15° shall not commence until a Bird Hazard Management Plan has been submitted to and approved in writing by the Planning Authority in consultation with Glasgow Airport. The submitted plan shall include details of the management of the roofs within the site which may be attractive to nesting, roosting and “loafing” birds. The management plan shall comply with Advice Note 8 “Potential Bird Hazards from Building Design”. Reason: To avoid endangering the safe movement of aircraft and the operation of Glasgow Airport through the attraction of birds and an increase in the bird hazard risk of the application site. 26. As part of the first application for the approval of matters specified in conditions under Condition 2 above, an Energy Strategy for the site shall be submitted for the approval of the Planning Authority. The Energy Strategy shall include details for the delivery and implementation of on-site low carbon and renewable energy solutions, building specific technologies and features alongside any other measures aimed at increasing energy efficiency on the site. The approved strategy including any agreed measures shall be implemented on site and unless otherwise agreed in writing by the Planning Authority and shall remain in place for the lifetime of the development. Any modifications or
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updates required for the approved strategy shall first be subject to the written approval of the Planning Authority and implemented thereafter as approved. All subsequent applications for matters specified by condition under Condition 2 above shall demonstrate adherence to the agreed approach. Reason: To ensure the incorporation of low carbon technologies and minimise greenhouse gas emissions 27. As part of the first application for the approval of matters specified in conditions under Condition 2 above, a biodiversity enhancement strategy for the site shall be submitted for the approval of the Planning Authority. The biodiversity enhancement strategy shall include details designed to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. The approved strategy including any agreed measures shall be implemented on site and unless otherwise agreed in writing by the Planning Authority and shall remain in place for the lifetime of the development. Any modifications or updates required for the approved strategy shall first be subject to the written approval of the Planning Authority and implemented thereafter as approved. All subsequent applications for matters specified by condition under Condition 2 above shall demonstrate adherence to the agreed approach. Reason: In the interests of the enhancement of biodiversity and maximising positive biodiversity benefits. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 4th June 2025 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 Guidance (2022) 9. Planning applications DC15/234 and DC21/115/FUL Wards affected: Ward 6 (Clydebank Waterfront)