Item 6 - DC.25.083.FUL Change of use from 1A to a hot food takeaway at 76 High Street Dumbarton
West Dunbartonshire Council · 10 September 2025
Back to Planning Committee — 10 September 2025 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 10th September 2025 DC25/083/FUL: Change of use from 1A to a hot food takeaway (Sui Generis) and installation of a new flue at 76 High Street, Dumbarton, G82 1PQ by Mr Azatrum Dholi 1. REASON FOR REPORT 1.1 The application has been subject to a substantial body of objection. Under the terms of the approved Scheme of Delegation, it therefore requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 Grant planning permission subject to the conditions set out in Section 9 below. 3. DEVELOPMENT DETAILS 3.1 The application relates to a vacant commercial unit situated on the northern side of High Street, Dumbarton and is positioned within the ground floor of the Artizan Centre. The premises, which has a floor area of approximately 95 square metres over two floors, was last in use as a barber (Class 1A). The front of the unit faces onto High Street and has a large window and a door and space for signage above. The application site sits adjacent to a variety of premises including other Class 1A uses and a café within the Artizan Centre and on High Street as well as residential flats at 84 High Street. Glencairn House, which is currently being redeveloped to form a new public library, and museum lies to the opposite side of High Street. 3.2 The application site is located within both Dumbarton Town Centre and the Core Town Centre, as identified in the respective Proposals Maps of the Local Plan and proposed Local Development Plan 2 (LDP2). The site is further located within the Dumbarton Town Centre Conservation Area. 3.3 It is proposed to: Change the use of the unit from Shops and financial, professional and other services (Class 1A) to a hot food takeaway (Sui Generis). Install a flue on the rear elevation which would exit the unit 3.5 metres above ground level and rise 5.5 metres to finish 1.5 metres above the roof pitch. 3.4 Operating hours are provided by the applicant within the submitted drawings as 16:00 to 00:00 seven days a week. ITEM 6
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4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service No objections subject to condition relating to public utility prints to be reviewed prior to any excavation works being undertaken. 4.2 West Dunbartonshire Council Environmental Health Service No objections subject to conditions relating to vehicle delivery times during construction, construction hours, ventilation systems and waste provisions. Advisory notes relating to food safety and health and safety recommended. 4.3 West Dunbartonshire Council Asset Management Confirmed that the terms of a new lease have been agreed. 5. REPRESENTATIONS 5.1 64 representations were received, with 22 supporting the proposal and 42 objecting. The detail of each representation is available for public viewing in the electronic planning file for the application. Whilst additional representations were received, these could not be recorded as competent written objections as no contact details were provided. 5.2 The concerns raised in the objections can be summarised as follows: Operational concerns Concerns regarding cooking odours, waste and increased evening noise. Concerns regarding increased littering and seagulls. There is no rear access for the public. The proposal would increase traffic and parking issues. Impact upon the town centre Putting a takeaway next to the café next door is damaging for business. This will be detrimental to neighbouring businesses. This use is not compatible with the type of environment the council are proposing for the regeneration of the town centre. More focus needs to be put on rejuvenating the High Street. The high street suffers from a lack of quality shops. The high street is hostile and uninviting. Health There are enough takeaways in Dumbarton. This adds to the epidemic of obesity in Scotland. Healthy lifestyles should be encouraged not takeaways or vape shops. This encourages unhealthy food choices for those living in the area. Procedural concerns The site notice is not sufficient to ensure people are aware of the proposal. Notices sent by post did not reach all businesses. 5.3 The points raised in support of the proposal can be summarised as follows:
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Economic Impacts This opportunity would provide locals with more choice. Every business offers something unique, and healthy competition is good for the area. The premises is vacant and so using it encourages investment in the town centre. The proposal would create job opportunities. A well-managed takeaway can boost evening footfall and contribute positively to the local economy without disrupting existing businesses. A diverse High Street — even with some overlap in business type — is a sign of economic activity, not a problem to be prevented. There are numerous examples of similar or duplicate business types operating in and around Dumbarton High Street, his reflects the natural demand and commercial competition in a town centre. The proposal is for another small business. A new takeaway would add much-needed variety to Dumbarton’s High Street. The existence of multiple takeaways in the area is not unusual. Offering more choice can benefit the local economy by keeping residents shopping and eating locally rather than travelling to neighbouring towns or cities. Other points The takeaway will be operating at different hours from others nearby. The business will provide great service and food. 5.4 The points and concerns raised in the representations, both in support and in objection are considered in Section 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Framework 4 (NPF4) 6.1 Policy 1 aims to tackle the climate and nature crises by requiring that significant weight be given to these issues when considering all development proposals. Policy 2 relates to the climate in the form of climate mitigation and adaptation, while Policy 3 seeks to protect biodiversity, reverse biodiversity loss, and deliver positive effects from development and strengthen nature networks. Overall, the proposal re-uses an existing structure as part of the development and, as such, the embodied energy of the structure remains. No biodiversity matters arise. It is considered that the nature and small scale of development proposal would have a neutral effect in respect of Policies 1, 2 and 3. 6.2 Policy 7 seeks to protect and enhance historic environment assets and places. It advises that 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. The application site is located in the Dumbarton Town Centre Conservation Area. It is considered that the character and appearance of the Conservation Area would not be adversely affected. 6.3 Policy 9 aims to facilitate the reuse of brownfield, vacant and derelict land and empty buildings, with criterion (d) noting that proposals for the reuse of existing
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buildings will be supported, taking into account their suitability for conversion to other uses. As the proposal would re-use a vacant unit this is supported by the Policy. 6.4 Policy 12 relates to waste and advises that development proposals, including commercial, will set out how much waste the proposal is expected to generate and how it will be managed. It is expected that the proposal would generate a level of waste commensurate with a hot food takeaway use. The application notes that the proposal will utilise the existing waste collection arrangements, which is acceptable. 6.5 Policy 14 aims to promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the place principle. Criterion (d) states that proposals which are detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places will not be supported. Policy 15 relates to local living and 20-minute neighbourhoods. The proposal complies with the above policies as the shop front remains unchanged, while a hot food takeaway in this location would contribute towards local living without significant adverse effects on local amenity, this issue is discussed in detail in Section 7 below. 6.6 Policy 23 aims to protect people and places from environmental harm, with criterion (e) advising that development proposals which are likely to raise unacceptable noise issues will not be supported. The proposal is considered acceptable with reference to this policy because, while a hot food takeaway would generate noise through additional traffic, car doors closing and customers talking outside, this would not constitute a significant increase beyond the existing position within the town centre and adjacent to a road. This issue is discussed further in Section 7 below. 6.7 Policy 27 advises that development proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses, will be supported. Criterion (b) notes that proposals will be consistent with the town centre first approach, with commercial uses supported in existing city, town and local centres. In addition, criterion (d) advises that proposals for non-retail uses, including hot food takeaways, will not be supported if further provision would undermine the character and amenity of the area or the area. The application site is located in defined town centre area and the proposed hot food takeaway is a Town Centre use which would contribute to the vitality of the Centre. As such, the proposal is supported by the Policy. 6.8 Having assessed the proposal with reference to NPF4, it is considered that the proposal accords with the policies, subject to conditions. West Dunbartonshire Adopted Local Plan 2010 6.9 Policy RET1 advises that new retail, commercial leisure, public service developments and other key town centre uses should adopt a sequential approach to change or use proposals, in the order of (1) Town Centre sites; (2) Edge of Town Centre sites; (3) Commercial Centre sites; (4) Out of centre sites. It is noted that the application unit is located in a Town Centre and the proposed hot food takeaway is a Town Centre use. In light of this, the proposal is supported.
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6.10 Policy RET5 seeks to improve the environment of the town centres including Dumbarton in partnership with other agencies. Applications for non-retail uses within the designated town centres particularly where they involve the re-use of vacant upper floors, will be favourably considered where they contribute to the vitality and viability of the town centre and do not conflict with other Local Plan policies. It is considered that an occupied unit contributes to the vitality and viability of the town centre and therefore the proposal is in accordance with the policy. 6.11 In accordance with Policy RET6, within the designated town centres the Council will seek to protect and enhance the retail and commercial function by encouraging the improvement of existing retail floorspace and supporting the establishment of new retail uses where appropriate. In the existing ground floor retail units along those core retail frontages there shall be a presumption against any change of use from Class 1 (as defined by the Use Classes (Scotland) Order 1997) to non-retail use. Applications for any change of use from a shop (Class 1 of the Use Classes Order) to a non-retail use will only be permitted provided it can be satisfactorily demonstrated that such a change would reinforce and revitalise the centre and would also not adversely affect the character and amenity of the area. Within the identified prime retail frontages existing non-retail uses can be retained. Since this plan was issued in 2018 the Use Class Order has been updated to amalgamate Class 1 and Class 2 uses into a combined Class 1A. Whilst not a Class 1A use, it is considered that the proposal reinforces and revitalises the town centre and does not adversely affect the character or amenity of the area. 6.12 Policy UR 1 promotes the re-use of buildings in the urban area that become vacant or underused in order to stimulate the process of urban renewal and thereby enhance the Plan area as a place to live, work and visit. Policy GD2 also encourages the redevelopment of underused and vacant land and buildings for appropriate uses. The application site has been vacant since February and as such is in accordance with the policies. 6.13 Policy GD1 seeks to ensure that all new development enhances the Plan area and environmental quality in general through an emphasis on high quality design. Proposals are required to meet a number of criteria, including the need to be appropriate to the local area in terms of land use and layout and design; be energy efficient and meet the roads, parking and access requirements of the Council. It is considered that the development is appropriate for the location and in addition no objections from consultees have been received. This issue is discussed further in Section 7 below. 6.14 Policy PS 4 requires the provision in all new development of facilities for the minimisation, separation and collection of different waste streams. The application notes that the existing waste separation and collection will be utilised, which is acceptable. 6.15 Policy BE1 aims to ensure that no works adversely affect the appearance and character of Conservation Areas. It is considered that the flue would not have a detrimental effect on the visual appearance of the building and the character of the wider Conservation Area.
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6.16 Having assessed the proposal with reference to the adopted Local Plan, it is considered that the proposal accords with the policies, subject to conditions. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local 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 Dumbarton Policy supports a more diverse and vibrant Town Centre and encourages a range of uses within the Core Town Centre area where they accord with Policy SC2. It is considered that the increase in use classes consented within the Core Town Centre allows for increased diversity. 7.3 Policy SC1 states proposals for retail, commercial and leisure investment, and other key Town Centre uses, should align with the sequential approach below and the preferred uses set out in Table 5, over. Developments are directed sequentially to town centres in the first place. Policy SC2supports a range of different uses where they help to improve the vibrancy of the Town Centre within the town centre. All proposals should take account of the different uses detailed within Table 5 and will be supported where they accord with the following criteria: a) Do not negatively affect the vitality and viability of the Town Centre or the surrounding area, and Class 1 shops remain the predominant ground floor use within the core Town Centre; b) Provide added value in service provision, or meet a qualitative deficiency in service provision; c) Have substantial day to day contact with the public; d) Keep a full and attractive window display or appropriate ‘active frontage’ to the street; e) Do not result in an undesirable concentration of uses, or ‘dead frontages’; and f) Comply with the Supplementary Guidance on pay day lending and betting shops. Proposals associated with housing and Class 2 and 4 Office uses will be supported within the core Town Centre area where they result in vacant upper floors being brought back into use and/or where they accord with the relevant policies within this Plan. This issue is discussed further below and it is concluded that the proposal is in accordance with the policy. 7.4 Policy CP1 requires new development to take a design-led approach to creating sustainable places, which put the needs of people first and demonstrates the six qualities of successful places. With the potential for the proposal to affect other
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road users and pedestrian safety, impacting upon the operation of the transport and active travel network, the proposal cannot be held to support the six qualities of successful places and is therefore not considered acceptable with reference to this policy. No concerns are raised in regard to the six policies of successful places and as such the proposal is in accordance with the policy. 7.5 Policy H4 aims to protect, preserve and enhance the residential character and amenity of existing residential areas, including a presumption against the establishment of non-residential uses within, or in close proximity of residential areas, which would potentially be detrimental to local amenity, or which would cause unacceptable disturbance to local residents. Further to the detailed assessment set out below, it is considered that a hot food takeaway located in a Town Centre would not have significant adverse effects on amenity. The proposal therefore complies with the above Policy. 7.6 Policy ZW1 advising that all development requires to meet the aims of the Zero Waste Plan and follow the principles of the Waste Hierarchy. The proposal complies with the policy as the application indicates that the existing waste arrangements will be utilised. 7.7 Policy ENV8 states that development that would have a significant adverse impact on air quality, exacerbate existing air quality problems, or introduce sensitive receptors close to areas with air quality problems, will not be permitted unless adequate mitigation measures are included with the proposals. Policy ENV8 also states that all new development must ensure that significant adverse noise impacts on surrounding properties and uses are avoided. Conditions are proposed which ensure the proposal is in accordance with the policy. 7.8 Policy BE3 advises that development which would harm the character or appearance of a Conservation Area will not be permitted. As discussed in Section 7 below, the proposed flue on the rear elevation would not have a detrimental effect on the visual appearance of the building and the character of the wider Conservation Area. In light of this, the proposal complies with the policy. 7.9 Having assessed the proposal with reference to the proposed Local Development Plan 2, it is considered that the proposal accords with the policies, subject to conditions. Historic Environment Scotland’s Policy and Guidance 7.10 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. 7.11 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, including in Conservation Areas. Given the minimal external changes and that these changes are located to the rear, it is considered that there will be no adverse impact upon the Conservation Area.
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Dumbarton Town Centre Conservation Area Appraisal 7.12 Dumbarton Town Centre Conservation Area was designated on 11 October 2019. 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. 7.13 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. Given the limited alterations proposed as part of the application, it is considered that there will be no detrimental impact upon the Conservation Area. Principle of Development 7.14 The application site is located in a Town Centre and Core Town Centre as defined by both the Adopted Local Plan and proposed LDP2. Policy 27-part c of NPF4, which is the most up to date policy stance and takes primacy, states that development proposals for non-retail uses will not be supported in Town Centres, if further provision of these services will undermine the character and amenity of the area or the health and wellbeing of communities, particularly in disadvantaged areas. This includes hot food takeaways. 7.15 The adopted plan seeks to protect and enhance the retail and commercial function by encouraging the improvement of existing retail floorspace and supporting the establishment of new retail uses where appropriate within the core town centre. In the existing ground floor retail units along the core retail frontages there shall be a presumption against any change of use from Class 1 to non-retail use. Applications for any change of use from a shop to a non-retail use will only be permitted provided it can be satisfactorily demonstrated that such a change would reinforce and revitalise the centre and would also not adversely affect the character and amenity of the area. 7.16 The proposed plan supports a range of different uses where they help to improve the vibrancy of the Town Centre. All proposals should take account of the different uses detailed within Table 5 and will be supported where they accord with the criteria including: a) Do not negatively affect the vitality and viability of the Town Centre or the surrounding area, and Class 1 shops remain the predominant ground floor use within the core Town Centre; b) Provide added value in service provision, or meet a qualitative deficiency in service provision; c) Have substantial day to day contact with the public; d) Keep a full and attractive window display or appropriate ‘active frontage’ to the street; e) Do not result in an undesirable concentration of uses, or ‘dead frontages’.
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7.17 There are currently 62 units within the core town centre of Dumbarton as identified by the Town Centre Audit 2025. When the Town Centre Audit was undertaken earlier in 2025 there were 39 Class 1A uses that were occupied within the core town centre. Since then, one unit has had a permission for a change of use to a Class 11 - Assembly and leisure use implemented. At the time of the Audit there were seven vacant units. One of these units includes Glencairn House which is currently being re-development. Five of the vacant units have previously been Class 1A uses. This means that of the 62 units within the core town centre 43 are, or have the ability to be, Class 1A uses currently, which equates to 69% of the ground floor units being retail. With the removal of one unit from the available Class 1A units this would mean 68% of the ground floor units would remain within retail (Class 1A) uses. As such it is considered that Class 1A uses remain the predominant ground floor uses within the core town centre. With the proposal operating seven days a week it would have substantial day to day contact with the public. In addition, no changes are proposed by the application to the frontage of the building and as such an appropriate active frontage would remain. 7.18 In regard to part c of Policy 27, it is considered that given there is one hot food takeaway with the core town centre and six within the town centre as a whole that the addition of one further hot food takeaway would not constitute in an over provision. In addition, the distribution of the hot food takeaways within the Dumbarton Town Centre means there is no clustering of the uses. Policy 9 of NPF4 encourages the re-use of vacant buildings with policies UR1 and GD2 of the adopted plan echoing that aim. On balance, it is considered that the principle of the development is acceptable within the Town Centre. Design, Appearance and Visual Amenity 7.19 The only external alterations proposed by the application is an installation of a flue to the rear of the unit. Given the location of the flue to the rear, the projection of 1.5m above the roofline and the vantage points to view the flue from High Street it is considered that the flue would have minimal visual impact and no adverse impact upon the conservation area. There is a flue on the adjacent 74 High Street which the new flue is proposed to replicate in height and design. The location to the rear ensures there is little visibility from High Street. Whilst within the Conservation Area, the location within a modern building and limited visibility ensures that no concerns arise in this respect. It should be noted that application DC24/081/FUL which was granted by the Planning Committee covers this unit within the Artizan Centre and proposed shopfront works which were considered acceptable. Roads and parking 7.20 In considering the impact upon roads, traffic flow, parking and general road safety, the application site is situated within a central town centre location, accessible by a variety of transport options. Parking is available within town centre car parks and dedicated on-street parking bays are found on the opposite side of High Street from the premises. The assessment is principally guided by the consultation response from the Council’s Roads Service. The Council’s Roads Service provided no objection to the proposal subject to a condition relating to public utility prints to be reviewed prior to any excavation works being undertaken. Excavation works are not proposed by the application, however, works within the adopted
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footway would be a matter to be addressed by the Roads Service via separate legislation. No concerns have been raised in regard to traffic and parking issues and as such the proposal is not considered to have an adverse impact upon the traffic and parking of the town centre area. Residential Amenity 7.21 While it is accepted that the proposed use would generate noise through traffic, car doors opening/closing and customers talking outside etc, this would not result in a significant increase beyond the existing position, where the premises is already subject to a medium level of ambient noise due to its location in a Town Centre and adjacent to a road. It requires to be accepted that whilst those living within or adjacent to local shopping centres may benefit from the close proximity of services, they cannot expect the same level of quietude as a wholly residential area. With respect to odour and noise nuisance related to the proposed ventilation system, it is noted that the consultation response from Environmental Health raised no objection, subject to a condition relating to noise levels from the extraction system and requires the system to incorporate systems to reduce the emission of odours and pollutants. No concerns have been raised in regard to cooking odours, waste or seagulls by Environmental Health. As such, it is considered that the proposal would not have a significant adverse effect on residential amenity. Other Matters raised in representations. 7.22 With respect to the outstanding issues raised in the representations and not already assessed above, several representations supported the proposal because it would increase the range of takeaway options in the local area, while many of the objections noted that there is already sufficient provision of hot food takeaways in Dumbarton. While there is a role for planning in assessing the impact proposals would have on the vitality, viability, amenity and character of the local centre, the level of provision required to meet the demand for a particular use is a commercial matter and therefore not a material consideration in the assessment of planning applications. Whilst other hot food takeaways can be found nearby, a clustering of such uses does not occur. The presence of a Class 3 Café next door has also been highlighted and the impact the takeaway may have on it and surrounding businesses. The Planning system is not able to restrict competition, however the operating hours of the two businesses differ, as well as the use Class. The use not being compatible with the type of environmental improvements the Council are proposing for the regeneration of the town centre has also been raised in objection. The Council have applied for planning permission under application DC24/108/PPP which is still to be determined, however the proposal includes the sui generis use of hot food takeaways/public houses within the proposal description. 7.23 Concerns have also been raised that there is a lack of quality shops in Dumbarton. There are vacant units within the core town centre which would still allow for new shops to open. The type of food to be served and correlations between healthy lifestyle and obesity has been highlighted. The Planning Service has no control in regard to the menu on offer only the use as a hot food takeaway. “Vape” shops have also been highlighted in a number of objections. The proposal is not for a vape shop and should be noted that as the current use is as a Class 1A shop, this type of shop could open without planning permission.
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7.24 It is noted that concerns are raised with respect to anti-social behaviour. These concerns must be treated as speculative in nature as no evidence has been provided to support the view that such effects would worsen as a direct result of the proposal. 7.25 Procedural matters regarding a site notice not being sufficient to make people aware of the planning application are raised. In addition to the requirement for the site notice, which was displayed on site, the application was also advertised in the Lennox Herald on 19.06.2025 and neighbour notification undertaken in accordance with the requirements of the Town and Country Planning (Development Management Procedures) (Scotland) Order 2013. Whilst the concerns regarding neighbour notifications not reaching all affected addresses, businesses, the service can confirm that all properties within 20m of the application site were issued a neighbour notification in accordance with the Regulations. 7.26 Finally, it is noted that some of the representations in support of the proposal highlight its economic benefits, including job creation. While it is considered that the proposal would generate a limited degree of economic activity in the area, this is not considered to be a determining factor in this instance. 8. CONCLUSION 8.1 The application site is located within a Town Centre where the proposed use is supported in principle. There are limited external alterations being proposed by the application with these limited to a flue to the rear elevation. Following consideration of the proposal and informed by the consultation responses from the Council’s Environmental Health Service and Roads Service, it is concluded that, subject to conditions addressing, the proposal is in accordance with policies set out in National Planning Framework 4. 8.2 Overall, the proposal will bring a vacant unit within the town centre into use which will in turn increase footfall to the benefit of the vitality and viability of the town centre. The proposed use is also expected to operate primarily in the evening, and this will contribute to the night-time economy within the town centre. Whilst the abjections received are acknowledged, there are no material planning considerations that suggest that planning permission should be refused. 9. CONDITIONS 1. That unless otherwise first agreed in writing and prior to the commencement of any development on site, a detailed specification in respect of the collection, treatment and disposal of cooking odours and pollutants be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the system shall utilise the high-level discharge flue hereby approved. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise, vibration, or odour nuisance. 2. Any system for discharging cooking odours approved under condition 1 shall be fully implemented inclusive of high-level discharge flue in accordance with the manufacturer’s specification to the satisfaction of the Planning Authority prior to
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the commencement of the use hereby permitted. It shall then be retained on site as approved, inclusive of high level discharge flue, and fully maintained to remain in full and effective working order and suitable at all times thereafter for the food types / cooking methods being undertaken at any time during the lifetime of the use, to the satisfaction of the Planning Authority. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive odour nuisance. 3. Prior to the commencement of works on site, full details of how the extract ventilation system will be suitably insulated or isolated to minimise noise and vibration transmission to the building structure shall be submitted to and approved in writing by the Planning Authority. Works shall then proceed as approved and be retained as approved at all times thereafter during the lifetime of the use to the satisfaction of the Planning Authority, unless otherwise first agreed in writing by the Planning Authority. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise or vibration nuisance. 4. Noise from either within the hot food takeaway premises or the ventilation system hereby permitted shall not give rise to a noise level within any dwelling or other noise sensitive building assessed with the windows open in excess of the equivalent to Noise Rating Curve 35, between 07:00 and 20:00 hours, and Noise Rating Curve 25 at all other times, unless otherwise agreed in writing by the Planning Authority. On completion of development and commencement of the use hereby permitted, the applicant or operator of the premises shall have a third-party independent verifier submit a verification report to demonstrate compliance with the requirements set out above, to the satisfaction of the Planning Authority. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise or vibration. 5. Details for the storage and the collection of waste arising from the proposed development shall be submitted to and approved in writing by the Planning Authority. The agreed details shall be in place prior to the development being brought into use and thereafter be maintained and operated on site as approved at all times during the lifetime of the use. Reason: To safeguard public health and to protect the amenity of the surrounding area 6. During the period of construction, all works and ancillary operations (including deliveries) which are audible at the site boundary, shall be carried out between the following hours unless otherwise approved in writing by the Planning Authority: Mondays to Fridays: 0800-1800 Saturday: 0800-1300 Sundays and public holidays: No working
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Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise and disturbance at unsocial hours. 7. That should the external discharge flue become redundant in the future, it shall be removed within 3 months of becoming redundant to the satisfaction of the Planning Authority. Reason: To ensure the removal of the redundant flue in the interests of visual amenity. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 10th September 2025 Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health 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. Representations 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. Historic Environment Policy for Scotland 9. Dumbarton Town Centre Conservation Area Appraisal Wards affected: Ward 3 (Dumbarton)