Item 6 - Update on Planning application DC22.245.FUL
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 _____________________________________________________________ Subject: Planning application DC22/245/FUL – Formation of a dwellinghouse with the re-establishment of the derelict Ferrydyke cottage into a family home, involving the renovation of the existing property inclusive of the construction of a dormer and extension to the rear together with associated works at Former Ferry Dyke Canal House, Portpatrick Road, Old Kilpatrick by Mr Farhat Malik. 1. Purpose The purpose of this report is to update the Committee of the position relating to the above planning application which was referred to the Scottish Ministers following Committee determining it was minded to grant planning permission. 2. Recommendations 2.1 It is recommended that the Committee note the decision. 3. Background 3.1 Planning application DC22/245/FUL considered the re-establishment of the derelict cottage, involving the renovation of the property and the construction of a dormer and extension to the rear and associated works at the Former Ferry Dyke Canal House on Portpatrick Road, Old Kilpatrick. The Scottish Environmental Protection Agency (SEPA) objected to the proposal on flood risk grounds. This was because SEPA considered the proposed development would put people or property at risk of flooding, which is contrary to the duties set out under the Flood Risk Management (Scotland) Act 2009, and the policy principles of National Planning Framework 4. 3.2 In considering the application, the proposal would bring back into use a vacant and derelict building which is also on the Buildings at Risk Register. Whilst the building itself is not listed, it has historical context with being the bridge keeper’s cottage, adjacent to the scheduled monument that is the Forth and Clyde Canal. It has been suggested through the supporting documents that the area has been problematic for anti-social behaviour and that the bringing back into use of the cottage would create natural surveillance to discourage this. The proposed materials proposed are of high quality and the design is appropriate to the building and its surroundings. However, the application site sits within an area which is at risk of flooding. As such Policy 22 of NPF4 applies. This policy only supports development within such areas in certain circumstances, none of which apply to this site as the previous use as a dwellinghouse has been abandoned. Through consultation, SEPA objected in principle to the proposal stating that the proposed development is expected to put people or property at risk of flooding, which is contrary to the duties set out under the Flood Risk Management (Scotland) Act 2009, and the policy principles of National Planning Framework 4. 3.3 In considering this application, Members noted there was no objection from the Council as local flood authority. The local members, with a knowledge of the site, could not recall when the site last flooded. Whilst SEPA described the proposed ITEM 6
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development as being dangerous it was not explained why that was the case and the engineer involved with the proposal was satisfied. It was noted that there would be access from the towpath in times of flooding. The elected members, informed by the submitted flood risk assessment and lack of objection from the local flood authority, concluded if the development went ahead there would be a greater benefit to the community in terms of the benefits in addressing a derelict building. Committee therefore determined that they were minded to grant planning permission against the Officer’s recommendation. 4. Main Issues 4.1 Following consideration by Committee on 7th August 2024, the planning application was notified to the Scottish Ministers under the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009. 4.2 The Scottish Ministers decided that in terms of Section 46 of the Town and Country Planning (Scotland) Act 1997 to require the application to be referred to the Ministers for determination. 4.3 The Reporter’s recommendation dated 21st of January specifically reviews flood risk, impact on open space, biodiversity effects and impact on the historic environment and townscape character as well as other material considerations. In regard to flood risk the Reporter concluded that the site is ‘at risk of flooding or in a flood risk area’ and the proposed residential development would introduce a highly vulnerable use in terms of flood risk. As such, the proposal would be contrary to NPF4 policy 22 (Flood risk and water management). The lower ground floor would sit below the predicted future coastal flood risk level and it has not been demonstrated that safe egress can be achieved. The proposal therefore has the potential to result in damage to property and people being trapped and requiring evacuation from the emergency services. The Reporter considered that the proposed development does not accord overall with the relevant provisions of the development plan and that there are no material considerations which would still justify granting planning permission. Therefore, the Reporter recommend that planning permission was refused. 4.4 On 22nd of May the Planning Authority received notification of the Scottish Minister’s decision. The Scottish Ministers agree with the Reporter’s conclusion and recommendation, and refused planning permission for the proposed development. 5. People Implications 5.1 There are no people implications associated with this report. 6. Financial and Procurement Implications 6.1 There are no financial or procurement issues associated with this report. 7. Risk Analysis 7.1 There are no risks associated with this report. 8. Equalities Impact Assessment (EIA) 8.1 There are no equalities issues associated with this report.
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9. Consultation 9.1 Consultation was undertaken during the consideration of the planning application. 10. Strategic Assessment 10.1 The Council’s decision on these planning applications is considered to have been consistent with the following strategic priorities: Our Economy – Strong and Flourishing; Our Environment – A Greener Future; and Our Communities – Resilient and Thriving. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 6th August 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 Appendices: None Background Papers: 1. Report to Planning Committee 7th August 2024 - Planning application - Formation of a dwellinghouse with the re- establishment of the derelict Ferrydyke cottage into a family home, involving the renovation of the existing property inclusive of the construction of a dormer and extension to the rear together with associated works at Former Ferry Dyke Canal House, Portpatrick Road, Old Kilpatrick by Mr Farhat Malik. 2. DPEA Case Record – https://www.dpea.scotland.gov.uk/CaseDetails.aspx?ID=125491 Wards Affected: Ward 6 (Clydebank Waterfront)