Democracy Spraffa

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.

Original council PDF · Download plain text

Page 1

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

Page 2

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

Page 3

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

Page 4

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

Page 5

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.

Page 6

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

Page 7

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

Page 8

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.

Page 9

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

Page 10

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.

Page 11

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,

Page 12

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.

Page 13

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

Page 14

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.

Page 15

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)