Item 5 - Planning Application DC.16.229
West Dunbartonshire Council · 3 December 2025
Back to Planning Committee — 3 December 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: 3rd December 2025 DC16/229: Erection of 118 flat and 16 houses (substitution of house types and amendments to layout) at Former Thompsons Yard, Leven Street, Dumbarton by Turnberry Homes Ltd. 1. REASON FOR REPORT 1.1 The planning application is a national development as set out in the Schedule to the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 as the application site sits within the Clyde Mission area as set out in National Planning Framework 4. Under the terms of the approved Scheme of Delegation, it therefore requires to be considered by the Planning Committee before being determined by the Council. 2. RECOMMENDATION 2.1 That the Planning Committee hears the applicant and those who have made representations and refers the application to Full Council for determination with a preliminary recommendation, based on the information considered to date, that it be approved, subject to the conditions in Section 9 below. 2.2 Should the Council be minded to approve the application, a notification to the Scottish Government under The Town and Country Planning (Notification of Applications) (10 or more homes on non-allocated land) (Scotland) Direction 2025 will be required. This notification is distinct from a call in and is for Ministers’ awareness only. The Council will remain the determining authority. 3. DEVELOPMENT DETAILS 3.1 The site comprises the Former Thompsons Yard, Leven Street in Dumbarton. Planning permission was granted in December 2006 (DC03-284) for the erection of 271 residential units associated roads parking and landscaping and erection of retail unit. 3.2 Significant progress has been made on the re-development of the overall site with phases 1, 2 and the first block in phase 3 of the development having been completed with homes and associated infrastructure. The current application relates to the majority of Phase 3 as well as all of Phase 4 of the site. Phase 3 and Phase 4 are the areas of this application site located to the north of Dumbarton Football Club and extending towards the vacant site to the west of the Denny Tank where a foodstore has been approved under application DC24/171/FUL. 3.3 This current application seeks permission for the erection of 118 flat and 16 houses as a substitution of the previously approved house types with associated amendments to the originally approved layout. The number of properties is not altered from the original and extant planning permission (DC03-284) for the site, only their house types and styles, together with the layout. A range of three-bedroom terraced houses together with three and four storey, two-bedroom flats are proposed. ITEM 5
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4. CONSULTATIONS 4.1 Scottish Environment Protection Agency (SEPA) Initially provided a holding objection following a re-consultation in the context of the updated policy position in National Planning Framework 4 and requested further information relating to uncertainty regarding the flood hazard and the proposed Finished Floor Level (FFL) of some of the amended block. Once further information was provided SEPA confirmed that they would have no objection to the proposed substitution of house types and amendments to the site layout. 4.2 West Dunbartonshire Council (Environmental Health) Environmental Health are content with the findings of the submitted Noise Impact Assessment (NIA) and note that mitigation measures are required in terms of the acoustic fence and ventilation for the closed window assessed properties. There are therefore no objections subject to conditions relating construction matters, contaminated land, and following the mitigation identified in the NIA. 4.3 West Dunbartonshire Council (Roads) The Roads Service confirm that the parking and servicing arrangements are acceptable. Pedestrian connections, internal layout and road geometry will be confirmed upon receipt of the RCC. Previous comments recommend details of cycle storage provision to be provided. 4.4 NatureScot No objection subject to a condition relating to a Construction Method Statement being applied. 4.5 Historic Environment Scotland No comments. 5. REPRESENTATIONS 5.1 Two objections were received from neighbouring residents. The full details are contained within the planning file and are available for public viewing. However, the key points of objection can be summarised as follows: The bins should not be built against the objectors back garden fence. There is ample space for the bins to be located to the right-hand side of the parking bays, facing the football stadium/castle. The bin sheds are located closer to the objector than the users of the bins. Scottish Executive Building Standards 3.25 Solid waste storage, states that "The act also empowers the (local) authority to designate a collection point for removal of waste and this is normally at the curtilage of the dwelling." And these are not within the curtilage of the flats. The concerns raised shall be considered in the appraisal in the Section 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 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
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Thompson’s Yard) and that longstanding inequality, in relation to poor environment and health outcomes require to be tackled as a national priority. The Clyde Mission designation aims to repurpose and reinvigorate vacant and derelict land as well as adapting the area to the impacts of climate change, where nature-based solutions would be particularly supported. Delivery of the development proposals for the site would support the objectives of this national development. 6.2 Policy 1 relates to tackling the climate and nature crises and states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 also relates to the climate in the form of climate mitigation and adaptation and states development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and development proposals will be sited and designed to adapt to current and future risks from climate change. Policy 3’s intent is to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Subject to a variety a matters being addressed by condition, the proposal would have a neutral impact in respect of Policies 1, 2 and 3. 6.3 Policy 7 states that development proposals with a potentially significant impact on historic assets or places will be accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. The proposal lies to the north of Dumbarton Castle which is a scheduled monument. In previously granting planning permission for the site, it was concluded there was no adverse impact and this position remains. Policy 9 relates to brownfield, vacant and derelict land and empty buildings and states that development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. The redevelopment of this large brownfield site is this supported by the Policy. Policy 11 supports development proposals for all forms of renewable, low-carbon and zero emissions technologies. 6.4 Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale as per Policy 14. Policy 15 relates to local living and 20-minute neighbourhoods. Development proposal will contribute to local living including, where relevant, 20-minute neighbourhoods. The application site is located in a central, accessible urban area near a wide range of facilities and transport connections. There is thus no conflict with these Policies. 6.5 Policy 16 relates to quality homes. Part (b) states that development proposals that include 50 or more homes should be accompanied by a Statement of Community Benefit. Whilst the proposal is for more than 50 homes, the proposal is a substitute of house types and amendments to the layout of previously consented homes. As such a Statement has not been requested. The proposal is however allocated within the proposed Local Development Plan 2. Part (f) relates to proposals for new homes on land not allocated for housing in the LDP. This requires the proposal to supported by an agreed timescale for build-out; and the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods. The proposal is consistent with 20 minute neighbourhoods and is supported by an agreed buildout timescale with works proposed to start on site, subject to permission, in late 2026, foundations to be started early 2027 and a 4 year build out programme subject to sales and market demand. 6.6 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
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minimise the area of impermeable surface. The proposal has no objections from SEPA and as such there is no conflict with the policy. 6.7 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. The proposal has been amended to include an acoustic barrier between Morrisons and the proposal. Subject to conditions relating to this there are no concerns arise in respect of this policy. 6.8 With appropriate planning conditions, the proposed development is supported by all policies of NPF4 and is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 6.9 The Council promotes the re-use of land and buildings in the urban area that become vacant, derelict 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 in accordance with Policy UR 1. Whilst the proposal site is part of a larger site and has extant permission, the site is underused and therefore its development is in accordance with the policy. Policy RD1 gives preference to residential development on brownfield sites within the urban area. This site is brownfield and within the urban area and as such is in accordance with the policy. 6.10 Design and layout considerations are set out in Policy GD1 which outlines that all new development is expected to be of high-quality design and to respect the character and amenity of the area in which it is located. Proposals are required to be considered against a list of development control criteria. 6.11 Policy H4 outlines requirements of new housing developments in relation to design standards. The site is identified within the adopted plan as an existing residential area and as such H5 applies. Policy H5 seeks to safeguard, and where possible enhance, the character and amenity of existing residential areas. The proposal is of good design and enhances the currently vacant site and as such is in accordance with the policies. 6.12 Policy T1 supports measures to provide sustainable transport modes including footpaths, cycle routes and improved access to public transport. Policy T2 states that the Council will identify opportunities for access improvements to Regeneration Priorities. Policy T4 requires development sites to be well integrated into walking, cycling and public transport routes. Significant new development is to be accessible to public transport networks and developer contributions will be required where such development is shown to impact on public transport infrastructure. Since the previous grant of permission, the waterfront path has been included within the site and as such there is an improvement since the previous granting of permission. 6.13 Policy E2A states that development likely to have a significant effect on a Natura 2000 site will be subject to an appropriate assessment. Where an assessment is unable to conclude that a development will not adversely affect the integrity of the site development will only be permitted where: there is no alternative solutions; there are imperative reasons of overriding public interest. Policy E2B states that development that affects an SSSI will only be permitted where an appraisal demonstrates: the objectives of the designated area and the overall integrity of the area would not be compromised; or any significant adverse effects are clearly outweighed by social or economic benefits of national importance. In this instance the Natura 2000 site is the Inner Clyde SPA. This was fully assessed in previously granting planning permission as well as the Appropriate Assessment concluding that any adverse impacts could be avoided subject to mitigation measures being employed. The Council in exercising its
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planning function will further the conservation of biodiversity in accordance with policy E1. 6.14 Policy BE 5 relates to Scheduled Ancient Monuments and other Archaeological Sites and states that the Council will resist any development proposals that would have an adverse impact on or affect the setting of a Scheduled Ancient Monument. In previously granting residential development in this location of similar scale and massing, this has been considered acceptable. 6.15 R2 relates to open space provision and states the Council will have due regard to the provision of open space as an integral part of the proposal. R5 relates to access opportunities and requires developers of Waterfront sites will be required to provide paths to and along the riverbank. As stated, the proposal includes a waterfront path. 6.16 Policies F1 states that the Council will resist development that is likely to increase the risk of flooding or are located in a functional flood plain. Policy F2 requires inclusion of sustainable urban drainage. Policy F3 states that the Council will use the standards of flood protection set out in Scottish Planning Policy. The up-to-date development plan position in flooding is set out within Policy 22 of NPF4 which therefore has primacy in this instance. 6.17 Planning permission has previously been granted for the site and it remains that proposal overall complies with the policies of the adopted local plan and is assessed fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 The site is within the Development Strategy area for Dumbarton Town Centre and Waterfront. The Development Strategy for the Town Centre and Waterfront supports: Mixed use redevelopment of the Waterfront area predominantly for residential, retail, cafés and restaurant uses; Town Centre/waterfront living including at Sandpoint Marina and south of Castle Street; improved pedestrian, public transport and vehicular access as well as links into and across the Town Centre, particularly to Dumbarton Central Railway Station; and provision of a continual waterfront path and improvement of harbour walls at all waterfront development sites. 7.3 Through Dumbarton Policy 6 Dumbarton Waterfront Path: Development Contributions, the Council will support the development of a continuous Waterfront Path leading from the Town Centre to Dumbarton Castle. Where developers wish to deliver the path as part of their development proposals they will be required to demonstrate to the Council that this is the best way of delivering the path overall and will be required to comply with the specification and procedures set out in the Dumbarton Waterfront Path Planning Guidance. Proposals for development must not have an adverse effect on the integrity of any Natura site. The developer proposes to deliver the path themselves which has been agreed with the Council’s Regeneration Service.
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7.4 Policy CP1 seeks to ensure that all new development will be expected to contribute towards creating successful places by having regard to the six qualities of a successful place (distinctive, adaptable, resource efficient, easy to get to/move around, safe and pleasant, and welcoming). Policy CP2 requires the integration and consideration of green infrastructure from the outset of the design process through to its maintenance and stewardship of the resource. The proposal offers no conflict with the six qualities of successful places. 7.5 Policy H2 states that sites in Schedules 2 and 3 are reserved for new housing development. Policy H4 relates to residential amenity. The policy states that the Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. Subject to conditions, no residential amenity concerns arise. 7.6 Policy BE1 relating to Scheduled Monuments and Archaeological Sites states where development would adversely affect a scheduled monument or the integrity of the setting of a scheduled monument, permission would only be granted where there are exceptional circumstances. The proposal is acceptable with reference to this policy. 7.7 Policies GI2 and GI4 relate to green infrastructure. Policy GI2 requires new development to meet with the open space standards set out within the policy. 7.8 Policies ENV1, ENV5 and ENV6 are all similar to the ecology and water environment and flooding policies of the adopted Local Plan, although in respect of flooding, the up- to-date development plan position is set out within Policy 22 of NPF4 which has primacy. Subject to conditions, there is no conflict with these policies. 7.9 Policies ENV8 relates to Air, Light and Noise Pollution and Policy ENV9 Contaminated Land. Policy CON1 requires development proposals to accord with Designing Streets, the National Roads Development Guidelines, and be in alignment with the provisions of the Regional and Local Transport Strategies. Developments which do not meet these requirements will not be acceptable unless sufficient justification has been provided to demonstrate why a departure from these strategies is required. No concerns arise in respect of the relevant matters. 7.10 It is considered that overall and subject to conditions, the application proposal being assessed complies with the relevant policies above. Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.11 The Creating Places Supplementary Guidance – November 2022 seeks to achieve high quality development with a design led approach based on a thorough appraisal of the site and an analysis of its context and sets out that this is expected for all development proposals and it is considered this is achieved. No conflicts therefore arise with the guidance. 7.12 The Green Network and Green Infrastructure Supplementary Guidance - November 2022 seeks to ensure that the proposal also integrates landscaping and green infrastructure as part of the setting of the new development and open space created. This will include a focus on biodiversity enhancement. Principle of Development 7.13 The site is part of an allocation for housing in the proposed Local Development Plan 2. It lies also within the Dumbarton Town Centre and Waterfront Development Strategy area as defined by the proposed Local Development Plan, although the site is not itself
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within the town centre as defined by the Plan. This Strategy supports waterfront living as well as a waterfront path. In addition, the proposal is a substitution of house types with minor amendments to the site layout for an extant consent. The development of this site is consistent with the both the adopted Local Plan, proposed Local Development Plan 2 and NPF4 of providing housing in sustainable locations through urban consolidation and utilising brownfield land thereby reducing the need to encroach onto greenfield sites and maximising sustainability benefits. 7.14 Given there is an extant consent for a residential development on this site, the principle of the development of this site for new housing is long established. Notwithstanding this, it is considered that there continues to be support within both the adopted and proposed plans for housing development in this location and is consistent with policies outlined above. Overall, the principle of the development remains acceptable, and it therefore rests to consider whether there are any material planning considerations that suggest that the substitution of house types and design amendments are not acceptable. Design, Appearance and Visual Amenity 7.15 In regard to the layout changes proposed, the updated layout incorporates the waterfront pathway which was granted planning permission in 2017 (DC16/278) and has been partly implemented and currently terminates to the northern boundary of the site. To facilitate the delivery of the waterfront pathway, running the whole length of the northern boundary of the site, the properties have had to be slightly readjusted eastwards in their location in order to maintain space between the public and private realms. The original boulevard design remains, together with properties fronting the waterfront in order to make the most of the views over the Leven and this is welcomed. Whilst the block dimensions have been slightly adjusted beyond the original design, the changes are not significant, and the overall arrangement mimics the pattern as approved. There is a reduction in height from the originally proposed tallest block of flats, with 6 storeys previously being proposed in some locations and four storeys now being proposed. 7.16 Whilst the original application was initially submitted in 2003, the design principles of the permission have stood the test of time. The design principles for the proposal remain in line with what has been previously approved with slight amendments due to the changes in heights. Concrete interlocking tiles remain the proposed material and colour finish for the roofs. Off white render remains proposed for the external walls also which will ensure a coherent palette of materials between what has already been developed and what is proposed. As part of the original permission buff, concrete facing bricks were approved. Since then, the Planning Service, through its focus on placemaking, has highly encouraged the use of high-quality materials including the use of clay bricks. This is reflected in the current proposal which includes clay facing bricks in a grey colour. 7.17 Overall, it is considered that the amendment to house types, inclusive of the design changes required to accommodate this are acceptable in relation to the current policies as set out above. The inclusion of the waterfront path enables the previously consented and partially built path to continue from the town centre, through this site and towards Dumbarton Castle. Trees, landscaping and open space 7.18 The site comprises rough vegetation and small self-seeded trees which has resulted from the stalled development. No trees of significance will be impacted upon by the development. The approach to landscaping and open space follows that of the originally consented development with a treelined boulevard extending from Denny
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Road to the waterfront with open space and landscaping to the waterfront, along the waterfront pathway. The final detail of the landscaping and planting can be addressed by condition. With this approach it is considered that the landscaping and range of open spaces will all contribute to the overall success of the transformation of this vacant site. Residential amenity 7.19 Due to the stalled nature of the wider development on site, occupation by new residents within phases 1, 2 and the first block of phase 3 occurred some time ago and therefore residential properties lie adjacent to the development site. It is accepted that any development project will generate an element of noise and activity during construction, and this cannot be a determining factor in the assessment of the application. However, subject to the conditions recommended by Environmental Health, including those in respect of construction hours and dust control, a suitable level of residential amenity will be maintained during the construction phase. The layout of the completed development does not raise any concerns regarding the impact upon the residential amenity of existing residents. 7.20 Through the current proposal it was highlighted by the Council’s Environmental Health Service that there were noise concerns regarding the proximity of the development to the adjacent supermarket which is occupied by Morrisons. The service yard for the supermarket backs on to the rear of the properties on the northern side of the boulevard. Whilst it is acknowledged that the currently consented properties could be constructed without any further assessment of noise impact or any requirement for mitigation, it was considered appropriate to consider the impact from noise sources based on the current, established approach for proposals of this nature. A noise impact assessment was submitted which recommends that mitigation measures are required in order to ensure no adverse impacts are created. Through discussions with the agent and the applicant it was agreed that an acoustic barrier was the preferred option in terms of mitigation rather than a bund and further amendments to the layout of the development in order to accommodate this. Environmental Health are content with the findings of the Noise Impact Assessment submitted. In regard to the closed window arrangement and adequate thermal regulation without having to open windows, this would ultimately be a matter to be addressed by the building warrant process but it is noted that such an arrangement has been successfully achieved at other residential developments where noise concerns arise. In proposing this arrangement, the applicant also considers that this can be achieved. Final details of the arrangement can be addressed by condition. It is recommended that any granting of permission includes a condition relating to the acoustic barrier being in place prior to occupation as well as a minimum standard for the barrier as these details have not been provided. The acoustic barrier itself, whilst a notable feature, does not raise any concerns in terms of visual impact where it is proposed to be located, nor do any overshadowing concerns arise. 7.21 Subject to the approach set out above, it is concluded that a suitable level of amenity for new residents will be achieved and no concerns arise in respect of existing residential amenity. Traffic, parking and sustainable transport 7.22 There is no change to the overall approach to the layout, access and parking within the development beyond the consented position. No traffic, parking or road safety concerns arise. The Council’s Roads Service recommend details of cycle storage to be submitted which can be conditioned.
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7.23 The site is located within a central, urban location, a short walk from Dumbarton Town Centre where a range of local services and transport options are available. The site is also in close proximity to two large supermarkets and a retail park. The incorporation of the waterfront pathway increases connections to the town centre and local facilities and this amendment will benefit the development overall. It is further considered that a travel information pack which encourages reduced dependency on the private car by highlighting the location of local amenities, public transport services and active travel routes should be provided to the residents of the new houses. This can be addressed by condition. Flood risk and water management 7.24 Notwithstanding the extant consent for the development of the site, the submitted application must be assessed in the current planning policy context. Since the submission of the application, NPF4 has become part of the development plan and when undertaking the assessment of the proposal, Policy 22 of NPF4 is therefore relevant. Policy 22 (Flood risk and water management) of NPF4 seeks to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Policy 22 states that development proposals at risk of flooding or in a flood risk area will only be supported in certain circumstances, including the redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long - term safety and resilience can be secured in accordance with relevant SEPA advice. In such cases, it will be demonstrated by the applicant that: all risks of flooding are understood and addressed; there is no reduction in floodplain capacity, increased risk for others, or a need for future flood protection schemes; the development remains safe and operational during floods; flood resistant and resilient materials and construction methods are used; and future adaptations can be made to accommodate the effects of climate change. 7.25 A fresh consultation was undertaken with SEPA in the context of the updated position within NPF4. Following a full assessment, SEPA offer no objection to the proposed substitution of house types and amendments to the site layout due to being satisfied that a suitable level of information outlining the methodology, supported by the technical report, has been provided outlining how the peak water levels for the site in a 1 in 200 year plus climate change scenario have been derived. The finished floor level for all the units shown on Drawing 159348/8001 are now at or above the elevation of the design flood level plus freeboard - 5.70mAOD. It is considered that subject to condition the development proposal is acceptable with reference to with the adopted Local Plan and proposed Local Development Plan policies and with the increased flood resilience resulting from the additional conditioned requirements and the more compliant with Policy 22 of NPF4. Ecology, biodiversity and protected species 7.26 In previously granting planning permission for the wider residential development, it was accepted that the site could be developed without an adverse impact upon ecology, biodiversity and protected species. It remains this consented development could be completed without further consideration of these matters. The vegetation now on site has the potential to allow for nesting birds and the potential impact from site clearance can be addressed by condition as can the requirement to set out the approach to biodiversity enhancement as now required by NPF4. 7.27 Within the vicinity of the site, there are natural heritage interests of international importance including the Inner Clyde Special Protection Area (SPA) classified for its overwintering Redshank and the adjacent stretch of the River Level used by Atlantic
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Salmon accessing the Endrick Water Special Area of Conservation (SAC). NatureScot are satisfied that that these will not be adversely affected by the proposal. An Appropriate Assessment has also been undertaken which has been accepted by NatureScot. The requirement for a construction management plan to protect these interests can be addressed by condition. Other matters 7.28 The Council’s Environmental Health Service were consulted on the application and had no objections to the proposal subject to conditions. Conditions relating to the acoustic fence and construction matters are discussed above. The further recommended conditions relate to contaminated land. As such it is recommended that any granting of permission should include such condition in order to protect public health and to ensure that the site is suitable for its intended use. This approach reflects that previously taken in granted consent for the site. 7.29 The approach to incorporate renewable energy technologies can be addressed by condition. Outstanding matters raised in representations 7.30 Considering the points within the objections, whilst there are bin stores located within the vehicle parking areas they are not located hard against the boundary with the neighbouring properties. There is 2m distance between the bin store and the fence line with the landscape buffer strip in between the bins and neighbouring fences. In regard to the Building Standards regulations, this would be for a building warrant to consider, however bin stores within vehicle parking areas for flats in common within development proposals. It is overall, considered that the location of the bin stores is acceptable. 8. CONCLUSION 8.1 The acceptability of re-development of the site has previously been established with the granting of planning permission in principle (ref: DC03-284). This application proposes to substitute house types with amendments to the layout of the original permission. 8.2 Subject to conditions, including a condition addressing biodiversity to comply with policies 3 – Biodiversity and 11 – Energy of NPF4 and having assessed the proposal with reference to NPF4, it remains that, subject to the conditions set out below, it is considered that the proposal is acceptable with reference to the development plan. The proposal will deliver a high-quality development within an accessible location and also facilitate the delivery of the waterfront pathway through the site. Planning permission should therefore be granted for the amended proposal. 9. CONDITIONS 1. Prior to the commencement of development on site, exact details, specifications and samples of all proposed external materials to be used within the development site shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, all facing bricks to be used shall be good quality clay bricks. Thereafter, unless otherwise first 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.
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2. Further to Condition 1 above, prior to the approved brickwork associated with any house being constructed on site, a sample panel of the brickwork shall be constructed on site in order for it and the associated mortar to be reviewed, inspected and approved in writing by the Planning Authority. Thereafter, unless otherwise first agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved brick details. Reason: In the interest of visual amenity. 3. Prior to the commencement of works on site, full details of the phasing and build programme for the development, inclusive of the delivery of the waterfront pathway to the riverside, shall be submitted to and approved in writing by the Planning Authority. Works shall then proceed as approved unless otherwise first agreed in writing by the Planning Authority. Reason: To ensure the development is delivered in an appropriate manner and ensure the delivery of the waterfront pathway. 4. Notwithstanding the approved plans, an acoustic barrier shall be installed prior to the occupation of any residential unit herby consented. The acoustic barrier, as shown in blue on drawing AL(0203) Rev C, shall be of a solid construction with no gaps between the fence panels, post of at the junction with the ground and must have a surface density of at least 10kg/m2. Thereafter the acoustic barrier shall be maintained for the lifetime of the development. Reason: To ensure that no adverse noise impact for the proposed homes, in the interests of residential amenity. 5. Prior to the commencement of works on site, final details of the approach to achieve adequate thermal regulation without having to open windows can be achieved as set out within the noise impact assessment shall be submitted to and approved in writing by the Planning Authority. The development shall then be implemented as approved unless otherwise first agreed in writing by the Planning Authority. Reason: To ensure that no adverse noise impact for the proposed homes, in the interests of residential amenity. 6. Prior to commencement details of cycle parking at a rate of 1 space per dwelling (house or flat) shall be provided. Thereafter the development shall be implemented in accordance with the approved details unless otherwise agreed in writing by the Planning Authority. Reason: To ensure that sufficient cycle parking is provided, 7. Prior to the commencement of development on site, a Biodiversity Enhancement Plan setting out how the proposal enhances biodiversity beyond the current baseline, together with the implementation on site, shall be submitted to and approved in writing by the Planning Authority. All measures shall then be implemented as approved. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in accordance with the approved plan. Reason: In the interest of biodiversity. 8. No removal of trees and vegetation shall take place during the bird nesting season March to September inclusive unless first agreed in writing by the Planning Authority,
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and a nesting bird survey shall be undertaken not more than 48 hours prior to the commencement of site clearance works, the findings of which shall be submitted and agreed by the Planning Authority. Reason: In the in interests of the protection of breeding birds 9. Prior to commencement of development on site, a detailed hard and soft landscaping plan, inclusive of a full planting schedule, shall be submitted for the further written approval of the Planning Authority. Thereafter, the approved hard and soft landscaping and all associated approved planting details shall be implemented within a timescale to be agreed with the Planning Authority prior to the commencement of works on site. Reason: In the interests of visual amenity and biodiversity. 10. 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 interests of visual amenity and biodiversity. 11. That full details of maintenance and management for the landscaping approved shall be submitted to and approved in writing by the Planning Authority prior to the occupation of the first dwellinghouse hereby permitted. Management and maintenance shall commence upon completion of the landscaping. Reason: In the interests of visual amenity and biodiversity. 12. Prior to commencement, a Construction Method Statement shall be submitted to, and approved in writing by Planning Authority in consultation with NatureScot. This shall include full details of measures that will be implemented to minimise noise impacts on roosting Special Protection Area redshank and screen the development during any construction works carried out in the wintering period (September to April inclusive). The construction method statement shall also detail the measures that will be used to prevent pollution. Reason: To ensure there are no adverse impacts created upon the Special Protection Area. 13. Prior to the occupation of any house or flat, the parking provision associated to that house or flat shall be completed and be available for use by residents of the associated with the house or flat. The parking provision shall then remain unobstructed and available for use by residents of the associated house or flat at all times thereafter. Reason: To ensure adequate parking provision is in place for the development. 14. Prior to the occupation of the first house or flat within the site, the developer shall install the necessary infrastructure to enable the full development and all associated properties to be connected to the existing fibre optic network, where available in West Dunbartonshire, and in accordance with the relevant telecommunications provider's standards. Reason: To ensure compliance with Policy CON4 of the West Dunbartonshire Proposed Local Development Plan 2 (2020) and in the interests of securing the facilities to support local communities.
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15. No house or flat shall be occupied until the contents of a Travel Information Pack which encourages reduced dependency on the private car by highlighting the location of local amenities, public transport services and active travel routes is submitted to and approved in writing by the Planning Authority. Thereafter, on the occupation of each dwelling, the approved Travel Information Pack shall be provided to new residents. Reason: In order to be consistent with the requirement of National Planning Framework 4 (NPF4) for sustainable transport. 16. 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 first agreed 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 development does not adversely affect the amenity of neighbouring properties by creasing excessive noise and disturbance at unsocial hours. 17. 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, unless otherwise first agreed in writing by the Planning Authority. Reason: To minimise noise and disturbance to nearby residents at unsocial hours. 18. No piling works shall be carried out until a method statement has been submitted to and approved in writing by the Planning Authority. This statement shall include an assessment of the impact of the piling on surrounding properties, taking into account the guidance contained in BS 6472: 1984 'Evaluation of Human Response to Vibration in Buildings'. It shall detail any procedures which are proposed to minimise the impact of noise and vibration on the occupants of surrounding properties. This statement shall be prepared by a suitably qualified person, and the piling works shall thereafter be carried out in accordance with the approved method statement. Reason: To minimise noise and disturbance to neighbouring residents/occupants during construction. 19. Prior to the commencement of development on site a scheme for the control and mitigation of dust shall be submitted to and approved in writing by the Planning 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 first agreed by the Planning Authority. Reason: To minimise the occurrence of dust, in the interests of the amenity of the area. 20. No development shall commence on site until such time as a noise control method statement for the construction period has been submitted to and approved in writing by the Planning Authority. This statement shall identify likely sources of noise (including specific noisy operations and items of plant/machinery), the anticipated duration of any particularly noisy phases of the construction works, and details of the
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proposed means of limiting the impact of these noise sources upon nearby residential properties and other noise-sensitive properties. The construction works shall thereafter be carried out in accordance with the approved method statement unless otherwise approved in writing by the Planning Authority. Reason: To minimise noise and disturbance to neighbouring residents/occupants during construction. 21. No development (other than investigative works) shall commence on site until such time as a detailed report on the nature and extent of contamination on the site has been submitted to and approved in writing by the Planning Authority. The report shall be prepared by a suitably qualified person and shall include: a) A detailed site investigation identifying the extent, scale and nature of contamination on the site (irrespective of whether this contamination originates on the site); b) An assessment of the potential risk (where applicable) to: Human health Property (existing and proposed), including buildings, crops, livestock, pets, wood land and service lines and pipes Groundwater and surface waters Ecological systems Archaeological sites and ancient monuments c) An appraisal of remedial options, including a details remediation scheme based on the preferred option. Reason: To protect public health and to ensure that the site is suitable for its intended use. 22. No development (other than investigative works) shall commence on site until such time as a detailed remediation scheme for the site has been submitted to and approved in writing by the Planning Authority. The scheme shall be prepared by a suitable qualified person and shall detail the measures necessary to bring the site to a condition suitable for the intended use by removing unacceptable risk to human health, building and other property and the natural and historical environment. The scheme shall include details of all works to be undertaken, the remediation objections and criteria, a timetable of works and/or details of the phasing of works relative to the rest of the development, and site management procedures. The scheme shall ensure that upon completion of the remediation works the site will not qualify as contaminated land under Environmental Protection Act 1990 Part IIA in relation to the intended use of the land after remediation. Reason: To protect public health and to ensure that the site is suitable for its intended use. 23. The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement od 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.
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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 Planning Authority. Reason: To protect public health and to ensure that the site is suitable for its intended use. 24. The presence of any previously unencountered 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 affected area shall cease. At this stage, if requested by the Planning Authority, an investigation and risk assessment shall be undertaken and an amended remediation scheme shall be submitted to and approved by the Planning Authority prior to the recommencement of works in the affected area. 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. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 3rd December 2025 Person to Contact: Michael Mulgrew, Planning & Building Standards Manager Email: Michael.Mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader Email: James.McColl@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application forms and plans 2. 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. Creating Places Guidance (2022) 8. Green Network and Green Infrastructure Guidance (2022) 9. Planning application DC03-284 Wards affected: Ward 3 (Dumbarton)