Item 6b - DC25.163.MOD
West Dunbartonshire Council · 14 January 2026
Back to Planning Committee — 14 January 2026 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 14th January 2026 _____________________________________________________________ DC25/163/MOD: Modification of Planning Obligation entered into under a Section 75 agreement associated with Planning Permission DC20/253. 1. REASON FOR REPORT 1.1 The application seeks to modify an obligation within a Section 75 Planning Agreement associated with planning permission DC20/253, which was determined by the Planning Committee. It therefore requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 That the Committee indicate agreement to the Grant the modification of the obligation in the Section 75 agreement associated with permission DC20/253, and delegate authority to the Planning, Building Standards and Environmental Health Manager and Legal Services to conclude the modification. 3. DEVELOPMENT DETAILS 3.1 Auchencarroch Landfill Site is located to the south-east of Jamestown and lies between the open hills of Auchencarroch and Pappert Hill. It sits in a natural plateau and, although the site itself is hidden by the rising landform in front, the access road is visible from Auchencarroch Road. The site has few neighbouring sensitive receptors, with the closest residential property being Mid Auchencarroch Farmhouse, the owner of which is an interested party cited on the existing legal agreement. Other agricultural holdings, primarily used for livestock grazing, surround the site in all directions. 3.2 Landfill operations on the site began in 1995, with planning permission granted in 2004 (DC02/324) to increase the lifespan of the facility by extending the landfill area. Planning permission DC07/233/FUL allowed for the further extension of the site to the south-east, with landfill workings extended by 14.4 ha (8 cells) to 27.4ha within a total area of 43.2ha The DC07/233/FUL permission allowed for land raising to continue the overall height of the existing restored landform in an easterly direction, with the finished landform of the existing and extended landfill forming a low hill covered with heathland vegetation. Adjacent to the site, also operated by the current applicant (Barr Environmental Ltd), is a materials recycling facility (MRF) which was granted permission in 2013. The MRF separates out recyclable material from waste before the latter goes to landfill. ITEM 6b
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3.3 A restoration scheme, which was agreed as part of the original planning permission, is based on an approach of progressive capping of the completed landfill cells, with the final restoration including the planting of woodland and linear strips of hedgerow, typical heathland grass species will be seeded, peat will be stripped and translocated to the restored profiles forming an acid heathland habitat. The reedbeds and surface water lagoons will be managed to form wetland areas with diverse planting of species, and a small area will become agricultural grassland forming a permanent pasture for sheep grazing. To ensure that there would be sufficient funds to cover the detailed level of restoration and aftercare required, a bond value of £120,000, to be held by the Council during active landfilling operations, with reduced amounts held for a 30 year period following the cessation of the landfilling operations, was secured through a Section 75 legal agreement between the Council, landowner and developer, dated 29/08/2008. 3.4 In December 2022, planning permission DC20/253 was granted to amend Condition 1 of permission DC07/233/FU, in order to extend the time of the approved landfilling operation and restoration by a further two years, to 2024 and 2026 respectively. While the existing Restoration Plan was carried forward unchanged, it was acknowledged that the existing restoration bond value required to be increased to cover the 2-year time extension. Following Committee approval, the existing Section 75 legal agreement was reviewed and updated to include a £1 million bond value. The agreement, which was signed on the 30/12/2022, included definitions of the Restoration Plan and the Mitigation and Restoration Requirements. 3.5 Landfill operations on the site ceased early in March 2024, with only 5 cells out of the 8 additional cells approved under DC07/233/FUL being constructed and filled due to the impacts arising from a number of political, environmental and economic policy changes. This included household waste being recycled at source, landfill tax escalators and the Biodegradable Municipal Waste Ban, which combined to make the landfill operation commercially untenable. With the cessation of landfill activities, site works now relate solely to specific restoration and regulatory aftercare. 3.6 In June 2025, planning permission DC24/197/FUL was granted to vary Condition 2 of the DC20/253 permission. This variation allowed for an updated restoration masterplan, which took account of the early cessation of landfill operations and the 3 undeveloped cells, to be implemented. The DC24/197/FUL permission also included a variation to Condition 14 of DC24/197/FUL, to allow for the retention of the Material Recovery Facility (MRF) building. Notwithstanding the grant of this application, the obligations set out in the Section 75 as concluded under DC20/253 which link to the restoration bond remain, as does the bond. 3.7 This application proposes to modify the obligation in the Section 75 agreement associated with permission DC20/253, in order to take account of the updated Restoration Plan approved under DC24/197/FUL. The proposed modification, which relates to Clause 1.1 ‘Definitions’ of the agreement, is as follows: Replace the definition of ‘Restoration Plan’ with, “‘Restoration Plan’ means the Restoration Plan dated January 2025, a full copy of which is set out in the
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Schedule to this document or such other restoration plan as may be agreed in writing with the Council (acting reasonably).” Replace the definition of ‘Mitigation and Restoration Requirements with, “‘Mitigation and Restoration Requirements’ means the actions set out in the Restoration Plan as required under the conditions of planning permission DC24/197/FUL, granted 4 June 2025 (as defined within the supplementary planning agreement).” 4. CONSULTATIONS 4.1 None required. 5. REPRESENTATIONS 5.1 None received. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Framework 4 (2023) 6.1 Policy 1 states that significant weight will be given to the global climate and nature crises when considering all development proposals, with Policy 3 seeking to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. No concerns arise in respect of these policies. 6.2 Policy 5 aims to protect carbon-rich soils, restore peatlands and minimise disturbance to soils from development, with Policy 6 supporting proposals which enhance, expand and improve woodland and tree cover. Policy 7 seeks to protect the historic environment, including archaeological sites. The proposal raises no concerns with respect to these policies. 6.3 Policy 12 sets out the circumstances in which development proposals for new or extended landfill sites will be supported. The proposal is not for a new or extended landfill site and the modification sought to the legal agreement does not alter the Restoration Plan granted permission under DC24/197/FUL. As such, the proposal does conflict with the requirements of the policy. 6.4 Policy 23 seeks to protect people and places from environmental harm, mitigate risks arising from safety hazards and encourage, and promote and facilitate development that improves health and wellbeing. No concerns arise in respect of these policies. 6.5 It is considered that the application complies with the relevant policies above, as set out in the assessment below. West Dunbartonshire Adopted Local Plan 2010 6.6 Policy PS1 seeks to protect established public utility, social and community facilities, as identified on the Proposals Map. The application site at Auchencarroch is identified on the Proposals Map under this policy. The proposal does not conflict
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with this policy as landfill operations have ceased on the site and the proposal modification to the legal agreement relates to a Restoration Plan that was approved under DC24/197/FUL. 6.7 Policy E1 aims to ensure the conservation of biodiversity, with Policy E3A seeking to ensure that development proposals do not have an adverse effect on the integrity or character of Local Nature Conservation Sites. Policy E9 requires that development proposals will have regard to the landscape character and distinctiveness of the Plan area and of adjoining areas. Proposals which are detrimental to the landscape will not generally be supported. Policy BE5 seeks to ensure that cultural heritage resources, including archaeological sites, are not adversely affected. Policies F1 and F2 aim to ensure that new development is not at risk from, and does not increase the risk of flooding, and has suitable SuDS drainage infrastructure. No concerns arise in respect of these matters. 6.8 It is considered that the application complies with the relevant policies above, as set out in the assessment below. West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 6.9 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. 6.10 The site is identified as an existing waste management facility by Policy ZW1 and associated Table 10. Policy ZW1 requires that all such development meets the aims of the Zero Waste Plan and follows the development principles of the Waste Hierarchy. While the policy includes criteria for the assessment of new waste management facilities, this application is not proposing a new facility, rather a modification to the existing section 75 legal agreement, in order for the updated Restoration Plan approved under DC24/197/FUL to be reflected in the agreement. As such, the proposal raises no concerns with respect to this policy. 6.11 Policy MIN2 requires appropriate financial guarantees in respect of restoration. The policy relates to minerals extraction rather than landfill sites, but the general principles of the Policy are considered relevant. The proposal raises no concerns in relation to the policy as it does not seek to reduce the existing £1 million bond value. 6.12 Policy ENV1 addresses nature conservation and requires developments to conserve biodiversity and habitat networks, both within and adjacent to sites of special designation, together with non-designated habitats and protected species. Policy ENV2 requires development to be sited and designed to relate to the existing landscape character and ensure the integrity of landscape character is maintained. Policy BE1, ENV4 ENV5 and ENV6 are similar to the cultural heritage, water environment and flooding policies of the adopted Local Plan. Policy CP1
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requires all new development to contribute towards creating successful places. No concerns arise with respect to these policies. 6.13 The proposed modification to the section 75 agreement is considered to comply with the policies of proposed Local Development Plan 2. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 7.1 This application is made under the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010, which introduced a right to apply to the Planning Authority to have a Planning Obligation modified or discharged. 7.2 Section 75A of the Town and Country Planning (Scotland) Act 1997 explains that in determining an application for modification or discharge of a planning obligation, the planning authority may decide that the obligation – a) is to continue to have effect without modification, b) is discharged, or c) is to have effect subject to the modifications specified in the application. 7.3 In assessing this application to modify the obligation within the section 75 agreement, the material considerations are national policy and guidance, the development plan and the planning history of the site. While there are no policies within NPF4, the adopted Local Plan and proposed Local Development Plan 2 Local Development Plan which specifically address applications to modify planning obligations, it must be considered whether the proposed modification will effect matters covered by these Plans, including impacts on landscape and visual amenity, ecology, flood risk, biodiversity, cultural heritage and health and safety. Principle of Development 7.4 The application site is identified in the adopted Local Plan and proposed Local Development Plan 2 as a waste management site and was operated as a landfill, in accordance with planning permissions DC02/324, DC07/233/FUL and DC20/253 until landfill activities ceased in March 2024. The DC07/233/FUL and DC20/253 permissions also included a Restoration Masterplan. As such, the principle of landfill operations and site restoration are established. Landfill operations ceased before the 23/12/2024, in accordance with condition 1 of the DC20/053 permission, and this application does not propose any amendment to Condition 1 to allow further landfilling on site. 7.5 In light of the above, this application does not revisit the principle of a waste management use and associated site restoration, it only considers the appropriateness of a modification to the section 75 legal agreement attached to the DC20/253 consent. In this case, the application seeks to modify the section 75 agreement, specifically by removing references to the original Restoration Plan and replacing these with references to the updated Restoration Plan approved under DC24/197/FUL. As such, it is acceptable with respect to Policy 12, Policy PS 1 and Policy ZW1.
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Landscape, Visual Amenity, Ecology, Water Environment, Flood Risk, Health and Safety and Cultural Heritage. 7.6 The application advises that a significant amount of the works in the Restoration Plan approved under DC24/197/FUL, were completed in 2025. The remaining restoration works, as at 26/11/2025, are summarised as follows; completion to capping works of cell 2, creation of woodland planting, hydro seeding to areas of site. 7.7 The proposed modification will have a neutral effect in terms of landscape character, visual amenity, ecology, water environment, flood risk, health and safety and cultural heritage as it does not seek to change the Restoration Plan approved under DC24/197/FUL. As such, the remaining works in the amended Restoration Plan will be completed, as approved under DC24/197/FUL. In light of this, the proposal presents no conflict with Policies 1, 3, 5 and 23 of the NPF4, Policies E1, E3A, E9, BE5, F1 and F2 of the adopted Local Plan, and Policies BE1, ENV1, ENV2, ENV3, ENV4, ENV 5 and ENV6 of the proposed Local Development Plan 2. Restoration Bond 7.8 The Council holds a financial bond of £1,000,000 for the application site to ensure that the restoration works are completed in full. It is noted that the bond was recently extended from 31/12/2025 to 31/03/2026, with a copy of the Bond Certificate submitted with this application. The application does not propose to reduce the existing bond value in the section 75 agreement and, as such, it will have a neutral effect. It is, however, noted that the legal agreement includes a clause which allows the bond value to be reduced if the value is considered excessive relative to the restoration and aftercare obligations. As the updated Restoration Plan approved under DC24/197/FUL reduces the restoration requirements, primarily due to the 3 undeveloped cells not requiring restoration, the proposed modification to the section 75 agreement could, potentially, allow the existing bond value to be amended in the future, subject to a request by the signatories to the agreement. 8. CONCLUSION 8.1 This proposal seeks permission for a modification to the section 75 legal agreement associated with planning permission DC24/197/FUL. Specifically, it is proposed to replace references to the original Restoration Plan, made in the ‘definitions’ section of the agreement, with references to the updated Restoration Plan approved under DC24/197/FUL. 8.2 Overall, the proposed modification would have no material impact on the application site, and no concerns would arise with reference to the NPF4, the adopted Local Plan and the proposed Local Development Plan 2. The proposal enables the existing section 75 agreement to be modified to take account of the updated Restoration Masterplan approved under DC24/197/FUL, while still ensuring that the developed part of the site is fully restored. 9. CONDITIONS 9.1 Not applicable.
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Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 14th January 2026 ______________________________________________________________ Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager Email: Michael.Mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader Email: james.mccoll@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application documents and plans 2. National Planning Framework 4 3. West Dunbartonshire Local Plan 2010 4. West Dunbartonshire LDP - Proposed Plan 2 5. The Landfill (Scotland) Regulations 2003 6. Planning permission DC07/233/FUL 7. Planning permission DC20/253 8. Planning permission DC24/194/FUL