Item 5b - DC25.119.FUL- Continuation - Application under Section 42
West Dunbartonshire Council · 11 February 2026
Back to Planning Committee — 11 February 2026 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 11th February 2026 DC25/119/FUL: Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 (as amended) for the variation of condition 12 of planning permission DC23/098/FUL to remove reference to "community" from allotments at St Joseph’s Primary School, Faifley Road, Clydebank by West Dunbartonshire Council. 1. PURPOSE 1.1 To provide the Committee with the opportunity to further consider the planning application following the submission of additional information from the applicant on a variety of matters as requested by Planning Committee on 8th October 2025. 2. RECOMMENDATION 2.1 Grant planning permission for the subject to the conditions set out in Section 9 of Appendix 1. 3. BACKGROUND 3.1 The above planning application was presented to Planning Committee on 8th October 2025. Appendix 1 contains a copy of the report considered by Planning Committee. It was determined by the Planning Committee to continue the application to allow for the submission of further information from the applicant. This related to the current level of use of the allotments at the Skypoint site, the availability of allotments in the wider area and information on the planned new allotment site adjacent to the former sports pavilion in Faifley Knowes. The Committee had also requested information on any other background and support information on communications, discussions and involvement with the local community on the decision not to provide community allotment within the current site. 3.2 On receipt of the additional information from the applicant, the application publicity was re-run with fresh neighbour notification issued to enable further representation feedback on the application in the context of the additional information. A consultation was also issued to Fafiley Community Council as requested by Committee. ITEM 5b
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4. MAIN ISSUES 4.1 There are no material changes to either the development plan position or the circumstances of the site since Committee previously considered the application on 8th October 2025. 4.2 Since the publication of the original Committee Report (Appendix 1), further information has been provided for by the applicant. Namely, information on: general allotment provision within the wider community, and any waiting list for requesters: There are currently 602 people on the waiting list across the Council area, equal to 6-8 year wait. information on progress of site investigation at the Faifley Knowes pitches, conversion of which to allotments is being considered by the applicant: A site investigation was undertaken at one pitch, with report still being awaited due to delays causes by vandalism to monitoring boreholes. clarification from WDC Greenspace Service that they will maintain the proposed allotment to be absorbed into the Faifley campus as a school facility: WDC Greenspace would undertake maintenance as part of their service level agreement with Educational Services covering school grounds. Only general maintenance would be undertaken, with no planting, maintenance of crops or fruit nurturing; Greenspace do not maintain any other allotments within the Council area. information on any communications, discussions, and involvement with the local community on the decision not to provide community allotment within the current site: no formal consultation process has been undertaken. Capital Investment and Greenspace management teams took the view that the very small provision at new campus was not substantial enough to suit community demand, so a wider feasibility process was undertaken to find a suitable location to better meet the demands. The Council are committed to retaining Skypoint until a suitable alternative is found. information on any other community allotments in the area outwith the Skypoint site: There are none. the estimated number of community allotments to be formed at new proposal at the Faifley Knowes pitches: This is unknown at the moment, due to the awaited outcome of the Site Investigation being a determining factor for this, and specifically the number of ground allotments and raised beds. A high-level comparison of site area between the three spaces has been performed. Current Skypoint site is circa 1,200sqm, providing 20 users. Knowes Pitch site is circa 7,000sqm, with numbers of users to be confirmed following site investigation and any subsequent design. However, an increase is anticipated. For reference, Faifley Campus provision would be limited to 6-8 users.
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An objection has also been received from Faifley Community Council which raises concerns regarding the loss of the community allotment facility. Concerns regarding access to the new shared campus and that the funding for the project required community allotments to be provided are also highlighted. 4.3 It remains that this application considers only the proposal to vary or not comply with the terms of condition 12 of planning permission DC23/098/FUL and the associated amendment to the site layout that this would facilitate and whether this adversely impact upon the overall development, facilities to be provided and the amenity of the local area. There is no planning policy requirement for the provision of community allotments as part of this development. During the appraisal of the original planning application for the site (DC23/098/FUL) the matter of the requirement for the retention of the existing allotments at Skypoint was deemed to be one to be considered in any proposals to re-develop the Skypoint site itself rather than this proposal. As part of the planning permission (ref: DC23/098/FUL), Condition 12 was attached in recognition that, based on the submitted proposal, the community allotment area would be managed and operated separately from the new campus and ensured that an appropriate approach for the management and operation of the allotment area was agreed. The question for the current application therefore remains whether condition 12 of planning permission DC23/098/FUL continues to be necessary or whether it should be varied or removed. The question is not the principle of the provision of community allotments. 4.4 It is still accepted that the incorporation of the allotment area as part of the operation of the school facility does not adversely impact upon the quality of the wider development. It is also accepted that there is no planning policy requirement for the provision of a community allotment as part of this development. With the allotment area now forming part of the school grounds and with confirmation from the applicant that the area will thus be maintained by the Council, it is concluded that the reasons for which condition 12 was attached for no longer apply. Whilst separate from the determination of this application, the additional supporting statement sets out a commitment by the Council as applicant to retain the existing provision at Skypoint until an alternative site is found to replace this provision. As it can still be considered the condition is no longer necessary, it is thus concluded that the non-compliance with the condition is acceptable and the condition removed. 4.5 Considering the outstanding points of objection from Faifley Community Council, any assurance given to the community on allotment provision are separate from the planning process and cannot justify the refusal of the planning application. Community access arrangements to the shared
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campus and matters relating to the funding of the development are also not material to the assessment of this planning application. 4.6 The acceptability of the re-development of the site is already established, with the granting of planning permission (ref: DC23/098/FUL) and there is no change to the planning policy position or circumstances of the site since the previous grant of planning permission. This Section 42 application considers the proposed variation or non-compliance with Condition 12 of the planning permission. It is concluded that it remains that Condition 12 is no longer necessary and the non-compliance with this condition is therefore acceptable and the requirements set out can be removed. There is nothing in the additional supporting information from the applicant, nor the objection received following consultation with the Community Council, which suggests that a contrary position should be taken in terms of planning policy or legislation. 4.7 Whilst it is the case that the effect of granting planning permission for a Section 42 application is such that a new and separate standalone permission exists for the development, it is recognised that the development is currently at an advanced stage of construction. To reflect this status, all other conditions associated with the planning permission DC23/098/FUL which are still considered relevant at the current stage of the development are recommended to be re-imposed or updated, as set out in Section 9 of Appendix 1. 5. PEOPLE IMPLICATIONS 5.1 None. 6. FINANCIAL AND PROCUREMENT IMPLICATIONS 6.1 There are no financial or procurement implications in terms of this report. 7. RISK ANALYSIS 7.1 No risks have been identified. 8. EQUALITIES IMPACT ASSESSMENT (EIA) 8.1 Not required. 9. ENVIRONMENTAL SUSTAINABILITY 9.1 There are no environmental sustainability issues in terms of this report.
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10. CONSULTATION 10.1 Consultation was undertaken as part of planning processes associated with the planning application. 11. STRATEGIC ASSESSMENT 11.1 There are no strategic issues. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 11th February 2026 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 1: DC25/119/FUL Committee Report (08/10/2025) Appendix 2: Location Plan Wards affected: Ward 4 – Kilpatrick