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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