Item 5 - DC25.076.FUL - Section 42 application to vary Condition 12 Amendment to DC24.081.FUL at Artizan Centre
West Dunbartonshire Council · 6 August 2025
Back to Planning Committee — 6 August 2025 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 6th August 2025 DC25/076/FUL: Section 42 application to vary Condition 12 - working hours (Amendment to DC24/081/FUL) at Artizan Centre, College Way, Dumbarton by West Dunbartonshire Council 1. REASON FOR REPORT 1.1 This application seeks to amend the terms of a condition of a planning application originally determined by the Planning Committee. It therefore requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 Grant planning permission for this Section 42 application, subject to the conditions set out in Section 9 below. 2. DEVELOPMENT DETAILS 3.1 The application site is located on College Way within Dumbarton’s Town Centre and extends to approximately 1 ha. The site is primarily hardstanding and includes a variety of buildings forming part of the Artizan Shopping Centre, with a few small areas of grass along the site’s boundary as well as some street trees planted along High-Street, at the car park on Risk Street Carpark and at Artizan Centre entrance on St Mary’s Way. 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. 3.2 Planning Application DC24/081/FUL covered what will be Phase 1 of a wider re- development project of the current Artizan Centre site in Dumbarton. The wider masterplan/development framework is being considered separately via an application for Planning Permission in Principle (DC24/108/PPP) and comprises a mixed-use scheme that seeks to redevelop the site and partially repurpose the existing buildings where possible. The masterplan seeks 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 and a healthcare facility. West Dunbartonshire Council successfully applied to the UK Government’s Levelling Up Fund to tackle the decline of Dumbarton Town Centre and deliver three key projects in the town, one of which is the Artizan Centre. 3.3 At the November 2024 meeting of the Planning Committee, Members determined to grant application DC24/081/FUL for façade improvements to existing shopfronts as well as landscaping and associated infrastructure. The façade improvements included: The removal of the “gateway” canopies at the entrances to the Artizan Centre St Marys Way. Conservation Area Consent had also already been granted under application DC24/086/CON for the removal of the canopy at the High Street which is within the Conservation Area, ITEM 5
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Removal of shelter canopies on College Way, Upgrade of shelter canopies on High Street with bronze film, Partial removal of zinc cladding at upper levels to be replaced with glazed ceramic tile cladding. This cladding will be similar to what has been approved at the adjacent Glencairn House, Timber cladding at upper levels on High Street to be removed, and replaced with timber effect cladding panels, Painting of concrete at upper-level black, Removal of existing light fittings attached to building and replaced with bronze coloured light fittings, One concrete upstand to be cut off at roof line and made good with new capping piece, and All shopfronts including glazing, doorsets and signage to be removed and replacement black aluminium shopfronts installed. 3.4 The permission also included public realm/landscaping proposals comprising: Creation of new square in the location of the buildings currently being removed, A shelter structure as a focal point within the new square created via a series of vertical elements with the inclusion of a sedum roof canopy, Enhancement of Collage Way with new high-quality paving and landscaping, Open space, Play space, A feature landscaped area in the form of “maze”. 3.5 This current application seeks to modify the terms of condition 12 which was attached to application DC24/081/FUL. Condition 12 of application DC24/081/FUL reads as follows: During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may first be agreed in writing with the Planning Authority), shall be carried out between the following hours unless otherwise approved in writing by the Planning Authority: a. Mondays to Fridays: 0800 – 1800 b. Saturdays: 0800 – 1300 c. Sundays and public holidays: No Working 3.6 The applicant has proposed an amended change in wording as follows: During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may be first agreed in writing with the Planning Authority) shall be carried out between the hours and programme shown on the submitted schedule SAV1. Where changes to the programme are required an amended schedule shall be submitted to the Planning Authority for its information. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Environmental Health Service Environmental Health are satisfied with the proposed changes to working hours. It should be noted that the agreed hours include all noise generating activities so works should have ceased and staff cleared the site (where this generates noise) by the agreed schedule of hours.
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5. REPRESENTATIONS 5.1 One objection was received. 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: The proximity of Lennox Evangelical Church to the site may result in works disrupting Sunday services between 0930 and 1330. The detail of the extended hours proposed is unclear. 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 12 of planning permission DC24/081/FUL. 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. In this case, the current planning permission for the site was granted in November 2024, there have been no changes to either the planning policy position or the circumstances of the application site and works associated with implementing this permission have not yet commenced on site. Whilst all development plan policies relevant to the proposed development are highlighted below, a full detailed reassessment of the proposal is not considered to be required. National Planning Policy 4 6.2 A small proportion of 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. Whilst the scale of this proposal in itself is not categorised as a National Development in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, delivery of the development proposals for the site would support the objectives of the national development designation. 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.
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6.4 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. In previously granting planning permission for the site, it was concluded there was no adverse impact and this position remains. 6.5 Within the Artizan Centre, some of the units are vacant 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 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 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. There is thus no conflict with these Policies. 6.6 Policy 21 which addresses play, recreation and sport encourages, promotes and facilitates spaces and opportunities for play, recreation and sport. 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 and falls into the exemption set out within the Policy relating to redevelopment of an existing building or site for an equal or less vulnerable use. It remains that as per the Policy matters relating to flood risk require to be fully considered and understood. 6.7 Policy 21 which addresses play, recreation and sport encourages, promotes and facilitates spaces and opportunities for play, recreation and sport. 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 and falls into the exemption set out within the Policy relating to redevelopment of an existing building or site for an equal or less vulnerable use 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. Overall, the proposal including the amended approach to construction hours is acceptable and fully assessed in Section 7 below. 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, it remains that the proposed development is supported by all policies of NPF4 and is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010
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6.10 Policy UR1 encourages the redevelopment and re-use of underused, vacant and/or derelict land and buildings for appropriate uses such as housing. 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. 6.11 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. 6.12 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. 6.13 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 B5 advises on development proposals that impact upon local archaeology and the approach to assessing and recording features. 6.14 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. 6.15 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. Policies F1 and F2 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. 6.16 It remains that 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 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 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.
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7.3 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. Policy SC2 supports a range of different uses within the core Town Centre where they help to improve the vibrancy of the Town Centre. 7.4 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. 7.5 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. 7.6 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. 7.7 It is considered that overall, it remains that the proposal complies with the relevant policies above. Historic Environment Scotland’s Policy and Guidance 7.8 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. 7.9 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. 7.10 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. 7.11 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 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.
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7.12 Overall, it remains that the proposal overall presents no conflicts with Historic Environment Scotland’s Policy and Guidance. 7.13 Dumbarton Town Centre Conservation Area Appraisal 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 7.14 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. 7.15 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. 7.16 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). 7.17 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 7.18 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. 7.19 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 7.20 The application is made under section 42 of the Planning Act 1997, which is an application for planning permission for the development of land but without compliance with a condition or conditions attached to the original permission. In this case, the applicant seeks not to comply with the terms of Condition 12 of planning permission DC24/081/FUL as worded, with alternative wording sought. Condition 12 relates to working hours. The effect of a Section 42 application, if successful, is to grant planning permission again for the whole development but with the amended conditions
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replacing those that were issued previously. Planning Authorities, if minded, may attach new or updated conditions if permission is granted. Principle of Development 7.21 As noted in paragraph 6.1 above, the principle of development on this site has already been established through the granting of planning permission DC24/081/FUL. This permission remains extant and can be implemented as approved. It remains that the site is located within the defined Dumbarton Town Centre area as well as within the core Town Centre area. NPF4, the adopted Local Plan and the proposed LDP2 all promote developments within town centres which increase viability and vitality of the town centre. The proposals to upgrade shopfronts is well supported by Policy 14 of NPF4 which requires proposals to improve the quality of an area and regardless of scale as well as Policy DC 2 of the adopted Local Plan. 7.22 The proposal for public realm works in the form of a shelter structure, play area and landscaping is also well supported through Policy 15 relating to local living and 20 minute areas as well as Policy 21 relating to the provision of play opportunities. In addition, Policy ENV7 supports the temporary greening of sites. 7.23 The proposal will support long term town centre regeneration plans for Dumbarton Town Centre and will complement the proposals for the regeneration of the Glencairn House. Overall, the principle of the development to upgrade existing shopfronts as well as the public realm works are appropriate and encouraged within the Town Centre where this development proposal is located. 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. Overall, the principle of the development remains acceptable and a full, detailed, reassessment of the wider proposal is not considered to be required. Hours of working – Condition 12 7.24 The Section 42 application has been submitted to alter Condition 12 so that the hours of working can be amended from those prescribed within the original condition. In considering if it is acceptable to amend these working hours there needs to be an assessment as to the reason the hours were first conditioned and whether these hours still apply. 7.25 The condition was applied “to ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise and disturbance at unsocial hours” and followed advice provided in the consultation response from Environmental Health. Since the attachment of this condition to the previous granting of planning permission it has been highlighted by the applicant that in order to ensure that the businesses within the Artizan centre can remain open and operational during the construction period, façade improvement works are required to be carried outwith regular trading hours (i.e. after 5pm). The specific hours of working and timeframes are included within the schedule provided as part of the application submission (SAV1). This sets out a programme of works for each section of the site including start and finish dates together with timings of particular aspects of the works. These timings have working hours to 11pm for a variety of works including canopy works together with shopfront replacement works near to residential properties. Other works such as shopfront works within College Way which are away from residential properties are not restricted. The programme of works will run until 27/11/26. The application is supported by a Construction Noise Assessment.
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7. 26 The applicant proposes to vary the condition by way of an update the wording to add reference the working hours as referenced in the submitted schedule SAV1. In addition, the applicant has further proposed the wording “Where changes to the programme are required an amended schedule shall be submitted to the Planning Authority for its information”. This would mean that any future changes to the agreed working hours would not have to be approved in writing by the Planning Authority and would only be provided for information. 7.27 When undertaking the assessment of the proposed variation to Condition 12, Policy 23 of NPF4 is relevant. Policy 23 (Health and Safety) of NPF4 seek to protect people and places from environmental harm Policy 23-part e) states that development proposals that are likely to raise unacceptable noise issues will not be supported. The agent of change principle applies to noise sensitive development. A Noise Impact Assessment may be required where the nature of the proposal or its location suggests that significant effects are likely. A Construction Noise Assessment has been submitted in support of the proposal. This report provides an assessment of the potential noise impacts between the hours of 17:00 and 03:00 arising from the proposed works. It is concluded that the application site is within a busy town centre location and that a variety of works can be undertaken on site into the evening without the potential for adverse impact upon residential amenity with the town centre. However, significant nighttime effects on amenity could arise from construction activities. The submitted working hours schedule proposes that audible works outwith the site boundary will generally cease by 23:00. It is noted, however, that for some works such as canopy removal for example, this time is later than the cautionary approach recommended in the applicant’s Noise Assessment. 7.28 In considering whether the proposed hours of work are acceptable, the application assessment is guided by the advice in the consultation response from the Council’s Environmental Health Service. Following full consideration of the proposed working hours and noting the busy town centre location, Environmental Health offer no objections on the proposal and are satisfied with the proposed changes to working hours. It is however noted that that the agreed hours include all noise generating activities so works should have ceased and staff cleared the site (where this generates noise) by the agreed schedule of hours. In further assessing the application and as highlighted in paragraph 7.26 above, the applicant seeks further flexibility in their proposed condition which would mean that any future changes to the agreed working hours would not have to be approved in writing by the Planning Authority and would only be provided for information. This raises the concern that there would be insufficient control over future changes to the agreed working hours which could have the potential to adversely impact upon residential amenity. Whilst it is considered appropriate to allow an element of flexibility for changes and updates to the programme of works, such changes would require to be agreed by the Planning Authority. In addition, it is also considered appropriate to retain the ability of the applicant to undertake works during the standard daytime working hours specified in the original condition 12 and the applicant’s proposed condition would not permit this. As such, an alternative wording for the amended condition 12 is recommended as follows: 7.29 “During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may be first agreed in writing with the Planning Authority) shall be carried out between the hours and programme shown on the submitted schedule SAV1 in addition to the standard working hours of: Mondays to Fridays: 0800 - 1800 Saturdays: 0800 - 1300
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Sundays and public holidays: No Working Where changes to the programme are required, an amended schedule shall be submitted to the Planning Authority prior to the changes being implemented and approved in writing before their implementation.” 7.30 It is considered that subject to the wording of the condition as set out above, the development proposal is acceptable with reference to with the adopted Local Plan and proposed Local Development Plan policies. Outstanding matters raised in representations 7.31 Considering the objection received, this was in relation to the proposed working hours disturbing the Sunday services of Lennox Evangelical Church which is located at 2 Risk Street. Whilst some of the works are highlighted as affecting properties on Risk Street, the church is not specifically noted as being affected. The timings for the works that affect residents of Risk Street are between 6pm and 11pm and as such do not affect the Sunday services between 0930 and 1330. 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: DC24/081/FUL). This application is a Section 42 application to vary the terms of condition 12 of planning application DC24/081/FUL. Following consideration of the applicants proposed variation to the condition and informed by the consultation responses from the Council’s Environmental Health Service, it is concluded, subject to the further revised wording being applied as set out in paragraph 7.29 above, the proposal is in accordance with Policy 23 of NPF4. 9. CONDITIONS 1. Prior to the commencement of development on site, exact details of all proposed external materials (inclusive of all hard surfaces), to be used in the development site shall be submitted to and approved in writing by the Planning Authority. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved material details and palette. Reason: In the interest of visual amenity. 2. Notwithstanding the approved plans, a programme for the implementation and completion of the soft and hard landscaping works shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall proceed accordance with the approved details, unless otherwise agreed in writing by the Planning Authority. Reason: In the interest of visual amenity. 3. Notwithstanding the approved details, a Tree protection Plan to describe how trees on site shall be safeguarded through the development process, including details of any works required to the trees to allow for the construction phase shall be submitted to and approved in writing by the Planning Authority. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved plan.
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Reason: In the interest of visual amenity, protection and enhancement of biodiversity and tree protection. 4. That any trees, shrubs or areas of grass which die, are removed, damaged or become diseased within five years of completion of the landscaping shall be replaced within the following year with others of a similar size and species. Reason: In the interest of visual amenity and biodiversity. 5. Notwithstanding the approved plans, prior to the installation of the proposed play equipment, full details of the equipment to be installed and its location shall be provided to and approved in writing. Thereafter, the play equipment shall be installed as specified, and remain in place for the lifetime for the development unless otherwise agree in writing by the Planning Authority. Reason: To ensure that full details of play equipment are secured. 6. Prior to commencement of any works on site, a site management scheme for construction traffic shall be submitted to and approved in writing by the Planning Authority. Thereafter work shall proceed in accordance with the approved scheme unless otherwise agreed in writing with the Planning Authority. Reason: In the interest of road safety. 7. a) No development that breaks ground or otherwise involves ground works (other than investigative work) can take place until such time as a comprehensive site investigation has been carried out to the appropriate Phase level and submitted to and approved in writing by the Planning Authority. The investigation shall be completed by a suitably qualified and competent person and completed in accordance with advice given in the following: Planning Advice Note 33 (2000) and Part IIA of the Environmental Protection Act 1990 (as inserted by section 57 of the Environment Act 1995) BS 10175:2011+A1:2013 – British Standards institution ‘The Investigation of Potentially Contaminated Sites – Code of Practice’. Land Contamination and Development Management -Guidance. https://www.ep-scotland.org.uk/wp- content/uploads/2019/09/ConLanDevGuide_12-Aug19-FINAL.pdf i. If the Phase 1 investigation indicates any potential pollution linkages, a Conceptual Site Model must be formulated, and these linkages must be subjected to risk assessment. If a Phase 2 investigation is required, then a risk assessment of all relevant pollution linkages will require to be submitted. ii. If the risk assessment identifies any unacceptable risks then an appraisal of remedial options followed by a detailed remediation scheme will be submitted to and approved in writing by the Planning Authority. No works other than investigative works shall be carried out on site prior to receipt of the Planning Authority’s written approval of the remediation scheme.
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Reason: To protect public health and to ensure that the site is suitable for its intended use. 8. Remediation of the site shall be carried out in accordance with the approved remediation scheme prior to the proposed development being brought into use. Any amendments to the approved remediation scheme shall not be implemented unless approved in writing by the Planning Authority. On completion of the remediation works, the developer shall submit a verification report to the Planning Authority, confirming that the works have been carried out in accordance with the approved remediation scheme and that the works have successfully reduced the risks to acceptable levels. Reason: To protect public health and to ensure that the site is suitable for its intended use. 9. 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 suitable for its intended use. 10. 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 validation report containing details of the source of the material and associated 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. 11. Unless otherwise approved in writing by the 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 this 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 this Authority. Reason: To minimise the occurrence of dust, in the interests of the amenity of the area. 12. During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may be first agreed in writing with the Planning Authority) shall be carried out between the hours and programme shown on the submitted schedule SAV1 in addition to the standard working hours of:
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Mondays to Fridays: 0800 - 1800 Saturdays: 0800 - 1300 Sundays and public holidays: No Working Where changes to the programme are required, an amended schedule shall be submitted to the Planning Authority prior to the changes being implemented and approved in writing before their implementation. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise and disturbance at unsocial hours. 13. Prior to any works proposed which break ground or otherwise involves ground works, the developer shall secure the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted to and approved in writing 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 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. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 6th August 2025 Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health Service 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 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
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11. Historic Environment Scotland Managing Change in the Historic Environment Guidance Notes on Setting, External Walls and Shopfronts 12. Planning application DC24/081/FUL Wards affected: Ward 3 (Dumbarton)