Item 5 - Planning Application C25.119.FUL
West Dunbartonshire Council · 8 October 2025
Back to Planning Committee — 8 October 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 8th October 2025 DC25/119/FUL: Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) for the variation of condition 12 of planning permission DC23/098/FUL to remove reference to "community" from allotments at St Joseph’s Primary School, Faifley Road, Clydebank by West Dunbartonshire Council. 1. REASON FOR REPORT 1.1 This application seeks to vary a condition previously agreed by the Planning Committee as part of the approval of an earlier planning permission (ref: DC23/098/FUL). 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 This application relates to a site which comprises St Joseph’s RC Primary School and associated grounds, and is located in Faifley Rd, Faifley. The site is on the opposite side of the road from St Joseph’s Roman Catholic Church and east of the Faifley Knowes. It occupies an area of approximately 21,891sqm in the shape of a diamond. The north-eastern perimeter of the site faces onto Faifley Rd at Lawmuir Cres, with vehicular access from it. To the north of the site lies the former janitor’s house once associated with the school, beyond which there is an area of open space bounded from the north by Faifley Rd which curves and continues west at this point. The north-western perimeter is alongside the area of greenspace which continues in the southern direction along Abbeylands Rd to join Knowes Woodlands. The south-western boundary is along the edge of the residential area formed of Langfaulds Cres and Hart St, while the south-eastern perimeter meets with the rear gardens of the residential properties at Quarryknow and Abercorn Streets. 3.2 Planning application DC23/098/FUL was approved by the Committee in September 2023 for the construction of a new educational and community campus on the current St Joseph’s site which will replace the current buildings and will co-locate St Joseph's RC Primary, Edinbarnet Primary and Lennox Early Years, Auchnacraig Early Years together with community facilities to replace the Skypoint Centre and a new library. ITEM 5
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The various facilities would be contained within a single new building to be constructed to the south west of the existing school building and the development will include associated parking, sports facilities and landscaping. A small community allotment area was also proposed as part of the development adjacent to Faifley Road. Development has commenced on site. Work commenced on the development in February 2024 and is ongoing. 3.3 As the proposed community allotment area within the site was indicated to be out with the enclosed school grounds and not managed as part of the school facility, it was considered appropriate to agree the details of how this would be managed and operated and Condition 12 of the Planning Permission (ref: DC23/098/FUL) states that: Details of the management and operation of the community allotments shall be submitted to and approved by the Planning Authority prior to the occupation of the new building hereby permitted. Management and operation shall then be undertaken in accordance with the approved details at all times thereafter. 3.4 The applicant advises that it is proposed for the space originally allocated to the community allotments to instead be used as educational space where pupils of the adjacent school campus would be able to engage in growing their own plants and crops, thus supporting the school curriculum and the promoting environmental awareness among children. The applicant has submitted an updated layout to show this area as part of the wider school grounds and seeks to vary condition 12 of Planning permission DC23/098/FUL to remove the word “community” from condition 12 to reflect this updated arrangement. 3.5 Notwithstanding the submitted proposal, during the assessment of the application the applicant has provided an updated planning statement and instead suggests the non-compliance with, and removal of Condition 12 altogether. This is due to there no longer being a requirement for separate maintenance and operational details to be agreed for the allotment area as it will be included within and operated as part of the school grounds. 4. CONSULTATIONS 4.1 None. 5. REPRESENTATIONS 5.1 One objection was received in relation to the proposal. The full details are contained within the planning file and are available for public viewing however the concerns raised can be summarised as follows: Tree planting proposals as part of the development may adversely impact upon neighbouring property. The height of the access road may adversely impact upon the privacy of neighbouring property and additional screening may be necessary. 5.2 These concerns will be considered in the appraisal below.
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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 or not comply with the terms of condition 12 of planning permission DC23/098/FUL. The principle of development on this site has, however, already been established through the granting of this planning permission. 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. Whilst the effect of granting a Section 42 application is that a new planning permission is established, the current planning permission for the site was granted in September 2023, there have been no changes to either the planning policy position or the circumstances of the application site, and works to implement the planning permission are progressing on site. Whilst all development plan policies relevant to the proposed development are highlighted below, the principle of the development does not require a full reassessment against these policies. National Planning Policy 4 (NPF4) 6.1 Policy 1 relates to tackling the climate and nature crises and states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 also relates to the climate in the form of climate mitigation and adaptation and states development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and development proposals will be sited and designed to adapt to current and future risks from climate change. 6.2 As a part of the site would be brownfield following demolition of the existing primary school, Policy 9 – 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. 6.3 Policy 13 supports proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs. This includes proposals for electric vehicle charging infrastructure. The policy also supports proposals where they provide direct, easy, segregated and safe links to local facilities via walking, wheeling and cycling networks and are accessible by public transport. 6.4 Policy 15 relates to local living and 20-minute neighbourhoods, with development proposals required to contribute to both, where relevant, through local access to a wide range of facilities and activities, including lifelong learning and recreation facilities
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6.5 Under part (f) of Policy 19, proposals for buildings that will be occupied by people will be supported where they are designed to promote sustainable temperature management, for example by prioritising natural or passive solutions such as siting, orientation, and materials. 6.6 Green infrastructure is considered through Policy 20. Proposals that result in fragmentation or net loss of existing green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in green infrastructure provision, and the overall integrity of the network will be maintained. 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. Policy 23 does not support proposals which are likely to raise unacceptable noise issues. Policy 24 supports proposals that incorporate appropriate, universal, and future- proofed digital infrastructure. 6.8 Whilst the granting of an application made under Section 42 of the Town and Country Planning (Scotland) Act 1997 application would have the effect of granting a new planning permission for the site, there are no changes to the position relating to the above policies since the original grant of planning permission and a further assessment of the policies above is not required. 6.9 Policy 14 is, however, relevant in as it requires development proposals to be designed to improve the quality of an area whether in urban or rural locations and regardless of scale. It also requires development proposals to contribute to the six qualities of successful places. It is considered that the updated approach to the allotment area would not raise any concerns in respect of this policy or compromise the development’s contribution to the six qualities of successful places. West Dunbartonshire Local Plan 2010 6.10 Policy PS1 supports the continued use of the site as a public service. This policy also seeks to protect amenity of surrounding neighbourhoods. Policy T1 and T4 requires sites to be integrated with sustainable travel. Policy E1 relates to the Councils Biodiversity duty and 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. The up-to-date development plan position in flooding is set out within Policy 22 of NPF4 which therefore has primacy in this instance. Policy DC7 supports the inclusion of on-site micro-renewable technologies. 6.11 There are no changes to the position relating to the above policies since the original grant of planning permission and a further assessment of the Local Plan policies above is not required.
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6.12 Policy GD1 seeks to ensure that all new development is of a high quality of respects the character and amenity of the area in which it is located. Policy H5 seeks to safeguard residential amenity. It is considered that the updated approach to the allotment area would not raise any concerns in respect of these policies. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15th 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 Policies CP2 and CP4 relate to improving green infrastructure across West Dunbartonshire. Policy CON1 requires proposals to be in accordance with designing streets guidance and promotes sustainable forms of transportation and active travel. Policy ENV8 requires developments to address air quality, lighting and noise as part of the planning process, whilst policy ENV9 requires all potentially contaminated sites to be remediated where necessary to ensure that the site is suitable for the intended use. 7.3 RE4 encourages micro-generation and heat recovery technologies within or associated with individual properties and Policy RE5 relates to low and zero carbon buildings and states that new buildings should conform to the sustainability standards. Policies ENV1, ENV4, and ENV6 are all similar to the ecology and tree, water environment and flooding policies of the adopted Local Plan. The up-to-date development plan position in flooding is set out within Policy 22 of NPF4 which therefore has primacy in this instance. 7.4 There are no changes to the position relating to the above policies since the original grant of planning permission and a further assessment of the policies within proposed LDP2 is not required. 7.5 Policy CP1 seeks to ensure that development is of a high quality, adaptable and designed to be suitable for a mix of occupants. It indicates that all new development will be expected to contribute towards creating successful places by having regard to the six qualities of a successful place. Policy H4 seeks to safeguards residential amenity.
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Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.6 The Creating Places 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. The proposal was informed by a comprehensive pre- application as encouraged by the guidance and has been considered by the Place and Design Panel. This has resulted in a development proposal that achieves a high quality design that responds to the local context and accords with the approach set out in the Guidance. 7.7 The Green Network and Green Infrastructure Guidance – November 2022 seeks to ensure that landscaping and green infrastructure is integrated into the proposal as part of the setting and curtilage of the new building. This will include a focus on biodiversity enhancement and also the creation of a community growing space. The proposal accords with the approach set out in the Guidance. There are no changes in respect of the acceptability of the development under the above guidance. Principle of Development and Section 42 applications 7.8 The principle of development on this site has already been established through the granting of planning permission (ref: DC23/098/FUL) and is not being revisited as part of this application. 7.9 This application considers only the proposal to vary or not comply with the terms of condition 12 of planning permission DC23/098/FUL and the associated amendment to the site layout that this would facilitate and whether this adversely impact upon the overall development, facilities to be provided and the amenity of the local area. Management And Operation of the Community Allotments – Condition 12 7.10 The proposal to vary or not comply with the terms of condition 12 to remove the word “community” would effectively result in the loss of the provision of community allotments. While not objecting to the DC23/098/FUL proposal, the consultation response from the Council’s Greenspace Service for the original planning application highlighted the size of the community allotment area as problematic. Specifically, the Greenspace Team highlighted concerns that the proposed allotment area would be too small if it was to be a replacement for the allotments at the nearby Skypoint site which was making this provision previously. However, in the course of the appraisal of planning application DC23/098/FUL the matter of the requirement for the retention of the existing allotments at Skypoint was deemed to be one to be considered in any proposals to re-develop the Skypoint site itself rather than this proposal. There is also no planning policy requirement for the provision of community allotments as part of this development. 7.11 As part of the planning permission (ref: DC23/098/FUL), Condition 12 was attached in recognition that the community allotment area would be managed and operated separately from the new campus.
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The condition ensured that an appropriate approach for the management and operation of the allotment area was agreed. The applicant advises that it has been determined that the proposed community allotment area is too small to accommodate a meaningful community allotment area like that found at Skypoint. The applicant further advises that the allotment area will be repurposed for educational use supporting the school’s curriculum and be maintained by the Council’s Greenspace Team. The incorporation of the proposed allotments into the school grounds to be used as part of the school facility would not be to the detriment of the quality of the overall development. 7.12 While the applicant indicates the intention to provide an alternative arrangement at another site in the local area, any such proposal may require the submission of a separate planning application. At the time of writing no formal proposal has been submitted for the consideration of the Planning Authority. Any merits of the alternative proposal would be considered in the separate application and therefore do not form a part of this appraisal or have any bearing on the determination of this application. 7.13 Turning to residential amenity, this was fully considered in the assessment of the planning application for the new campus. There are residential properties within a short distance of the part of the campus where the allotments will be located. While the overall development will bring additional activity to the area, it is unlikely to result in any noise or activity beyond that typical for a school site or for a community centre. While the allotments within the campus site would not serve the wider community, they would still be present and instead be used by the pupils at the campus, with maintenance undertaken by the Council. This change would potentially result in a minor decrease in the overall impact of the development on the wider neighbourhood, with no or very limited activity within the allotments taking place outwith the school hours, as opposed to community allotments which could be visited by their users from within the community in late afternoon and early evening hours. As such, it is not considered that the proposed change would result in the need for planning control of operation and maintenance hours through a condition. 7.14 The proposed use of the allotments by school pupils only for educational purposes rather than as a small allotment area for the wider community does not raise any planning policy concerns. The allotment will continue to form a part of the landscaping of the site, and its positioning and function will not be out of place. The quality of the development will be thus maintained and there will be no detriment to the quality of the local area. 7.15 It is accepted that the removal of the community element of the allotment provision and incorporation of the area as part of the operation of the school facility does not adversely impact upon the quality of the wider development. it is also accepted that there is no planning policy requirement for the provision of a community allotment as part of this development. With the allotment area now forming part of the school grounds and with confirmation from the applicant that the area will thus be maintained by the Council, it is concluded that the reasons for which condition 12 was attached for no longer apply.
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As it can be considered the condition is no longer necessary, it is thus concluded that the non-compliance with the condition is acceptable and the requirements set out can be removed. Other points raised in any representations 7.16 The outstanding points raised in the representations which are not addressed above relate to the provision of tree planting within the site and the potential to impact upon adjacent residential properties together with the levels of the access road within the site and the potential for overlooking. There are no changes to these aspects for the proposal being considered as part of this application and residential amenity was considered as part of the previous application assessment. 8. CONCLUSION 8.1 The acceptability of the re-development of the site is already established, with the granting of planning permission (ref: DC23/098/FUL) and there is no change to the planning policy position or circumstances of the site since the previous grant of planning permission. This Section 42 application considers the proposed variation or non-compliance with Condition 12 of the planning permission. It is concluded that condition 12 is no longer necessary and the non-compliance with this condition is therefore acceptable and the requirements set out can be removed. 8.2 Whilst it is the case that the effect of granting planning permission for a Section 42 application is such that a new and separate standalone permission exists for the development, it is recognised that the development is currently at an advanced stage of construction. To reflect this status, all other conditions associated with the planning permission DC23/098/FUL which are still considered relevant at the current stage of the development are recommended to be re-imposed or updated, as set out in Section 9. 9. CONDITIONS 1) The external materials to be used in the construction of the building hereby permitted shall accord with the details set out on drawing FC-HML-01-ZZ-D-A- 48100 Rev PO3 approved in connection with planning permission DC23/098/FUL and no substitutes shall be used without the prior written agreement of the Planning Authority. Reason: To ensure appropriate level of quality of materials and finishes. 2) The phasing of the development shall be undertaken in accordance with the phasing details approved in connection with planning permission DC23/098/FUL and the development phasing will be undertaken on a continuous basis until completion, unless otherwise first agreed in writing by the Planning Authority.
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Reason: To ensure timely delivery of the project, maintain access to and use of the existing school facility and manage impact of the construction on the adjacent residential areas. 3) Notwithstanding the approved plans, all recommendations within the Ecological Constraints Survey and Preliminary Bat Roost Assessment dated 1st December 2022 and approved in connection with planning permission DC23/098/FUL shall be followed. Reason: To ensure the protected species of bats present on site are afforded the required level of environmental protection. 4) Notwithstanding condition 3 above and for the absolute avoidance of doubt, a minimum of two bat activity surveys (dusk and dawn) shall be undertaken in the activity season immediately preceding the demolition of the existing building on site. The survey results shall be submitted to and approved in writing by the Planning Authority prior to any demolition commencing on site. Reason: To ensure the protected species of bats present on site are afforded the required level of environmental protection. 5) Notwithstanding condition 3 above, no site clearance works shall be undertaken during any phase during the bird-nesting season March to September inclusive unless first agreed in writing by the Planning Authority. For the avoidance of doubt, any such agreement will require a full nesting bird survey prior to the commencement of works on site, the methodology and findings of which shall be submitted to the Planning Authority. Reason: To ensure any bird species present on site are afforded the required level of environmental protection during the nesting season. 6) The hard and soft landscaping and all associated planning details shall be implemented in accordance with the details approved in connection with planning permission DC23/098/FUL with the associated management and maintenance commencing on completion of the works as approved in connection with planning permission DC23/098/FUL, unless first otherwise agreed in writing by the Planning Authority. Reason: To ensure the timely delivery of the hard and soft landscaping scheme and appropriate maintenance thereafter, in the interest of visual amenity. 7) 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: To ensure the site benefits from the appropriate level of planting and any loss of vegetation which forms a part of the landscaping scheme to accompany the hereby approved campus is appropriately addressed.
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8) The drainage regime approved in connection with planning permission DC23/098/FUL shall be implemented and maintained to the satisfaction of the Planning Authority. For the avoidance of doubt, the drainage regime shall be implemented commensurately with the construction of the development. Reason: To ensure suitable drainage is provided for the site and maintained thereafter. 9) The Bird Hazard Management Plan approved in connection with planning permission DC23/098/FUL shall be implemented as approved and on completion of the development shall remain in force for the lifetime of the development. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority in consultation with Glasgow Airport. Reason: It is necessary to manage the development in order to minimise its attractiveness to birds which could endanger the safe movement of aircraft and the operation of Glasgow Airport. 10)The Soft and Water Landscaping approved in connection with planning permission DC23/098/FUL shall be implemented as approved and on completion of the development shall remain in force for the lifetime of the development. No subsequent alterations to the approved landscaping scheme are to take place unless submitted to and approved in writing by the Planning Authority in consultation with Glasgow Airport. The scheme shall also be implemented as approved. Reason: To avoid endangering 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. 11)The noise mitigation requirements detailed in the Noise Impact Assessment – Report no. 7355-05-00 Rev 00 and Report no. 7355-04-00 dated 7 June 2023 and 3 May 2023 and approved in connection with planning permission DC23/098/FUL relating to plant and mechanical services and sport pitch shall be implemented in full, namely: The roof top plant compounds shall have compliant plant screens as barriers that is having no gaps at the foot or between panels and a lifetime surface density of 10kg/m2. The sports pitch shall not be used outwith the hours of 8am to 8pm daily. The sports pitch shall have rubber vibration reducers between the weldmesh fencing panels to reduce ball impact noise. Reason: To ensure a reasonable control of noise levels, which may be emitted from adjacent land uses and in the interests of safeguarding residential amenity. 12)All plant and equipment (including any ventilation system) to be installed or operated shall be enclosed, attenuated and/or maintained such that any noise there from shall not exceed International Standards Organisation (ISO) Noise
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Rating 35 between 0700 and 2300 hours daily, within any nearby residential property, with windows slightly open for ventilation, when measured and/or calculated and plotted on an ISO rating curve chart. Reason: To ensure a reasonable control of noise levels, which may be emitted from adjacent land uses and in the interests of safeguarding residential amenity. 13)In the event that the sports pitch floodlighting requires to operate outwith the hours of 0800 to 2000 of use of the sports pitch set out in condition 12 above, it shall be switched off by 2200 hours. 14)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: Mondays to Fridays: 0800 – 1800 Saturdays: 0800 – 1300 Sundays and public holidays: No Working Reason: To ensure that the nearby sports pitches do not adversely affect the amenity of the properties by creating excessive illumination. 15)No commercial vehicle making deliveries to or collecting material from the development during construction shall enter or leave the site before 0800 or after 1800. Reason: To minimise noise and disturbance to nearby residents at unsocial hours. 16)The dust control scheme approved in connection with planning permission DC23/098/FUL shall 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. 17)The remediation scheme approved in connection with planning permission DC23/098/FUL shall be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Planning Authority. The Planning Authority shall be notified in writing of the intended commencement of remediation works not less than 14 days before these works commence on site. Upon completion of the remediation works and prior to the site being occupied, a verification report which demonstrates the effectiveness of the completed remediation works shall be submitted to and approved in writing by the Local Planning Authority.
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Reason: To protect public health and to ensure that the site is suitable for its intended use. 18)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. 19)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. 20)All agreed actions and measures set out in the Travel Plan approved in connection with planning permission DC23/098/FUL shall be implemented to the satisfaction of the Planning Authority. Reason: To manage the impact of the development on the transport network in the area. 21)The electric vehicle charging points as approved in connection with planning permission DC23/098/FUL shall be installed and available for use on the opening of the car park, and be maintained on site at all times thereafter. Reason: In the interest of amenity of the development and the area. 22)The floodlighting shall be installed as approved in connection with planning permission DC23/098/FUL and the floodlights shall not be replaced in the future without the written agreement of the Planning Authority. To protect public health and in the interest of residential amenity.
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Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 8th October 2025 Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager michael.mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader james.mccoll@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application forms and plans 2. National Planning Framework 4 3. West Dunbartonshire Local Plan 2010 4. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 5. Planning application DC23/098/FUL Wards affected: Ward 4 – Kilpatrick