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West Dunbartonshire Council · 7 August 2024
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Agenda
Planning Committee
Date:  Wednesday, 7 August 2024
___________________________________________________________________
Time:  10.00 a.m.
___________________________________________________________________
Venue:  Council Chambers, Clydebank Town Hall, 5 Hall Street,
Clydebank G81 1UB.
___________________________________________________________________
Contact:  Nicola Moorcroft, Committee Officer
Email: nicola.moorcroft@west-dunbarton.gov.uk
committee.admin@west-dunbarton.gov.uk
Dear Member
Please attend a Special meeting of the Planning Committee as detailed
above.  
The business is shown on the attached agenda.
Yours faithfully
PETER HESSETT
Chief Executive
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Distribution:-
Councillor Lawrence O’Neill (Chair)
Councillor Gurpreet Singh Johal (Vice Chair)
Councillor Ian Dickson
Councillor Daniel Lennie
Provost Douglas McAllister
Councillor June McKay
Councillor Karen Murray Conaghan
Councillor Chris Pollock
Councillor Hazel Sorrell
Councillor Sophie Traynor
All other Councillors for information
Date of Issue: 25 July 2024
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PLANNING COMMITTEE
WEDNESDAY, 7 AUGUST 2024
AGENDA
1 APOLOGIES
2 DECLARATIONS OF INTEREST
Members are invited to declare if they have any interests in the items of
business on this agenda and the reasons for such declarations.
3 OPEN FORUM
The Committee is asked to note that no open forum questions have been
submitted by members of the public.
4 MINUTES OF PREVIOUS MEETING 5 - 6
Submit for approval, as a correct record, the Minutes of the Meeting of the
Planning Committee held 5 June 2024.
5 NOTE OF VISITATIONS        7
Submit, for information, Note of Site Visitations carried out on 3 June 2024.
6 PLANNING APPLICATIONS
Submit reports by the Chief Officer – Regulatory and Regeneration in respect
of the following Planning applications:
(a) DC23/039/FUL (Continued item): Installation of driveway  9 - 17
(Retrospective)  at 49 Briar Drive, Clydebank G81 3HT
by Mr Steven Messenger.
(b) DC23/086/FUL (Continued item): Erection of new 19 - 31
activity centre incorporating a community hub and bicycle
workshop, together with associated works at South Canal Bank,
Sylvania Way, South Clydebank by West Dunbartonshire Council.
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(c) DC22/245/FUL: Formation of a dwellinghouse with the      33 - 45
re-establishment of the derelict Ferrydyke cottage into a
family home, involving the renovation of the existing property
inclusive of the construction of a dormer and extension to the
rear together with associated works at Former Ferry Dyke Canal
House, Portpatrick Road, Old Kilpatrick by Mr Farhat Malik.
(d) DC23/217/FUL: Erection of a Class 1A retail foodstore with     47 - 67
associated access, car parking, landscaping and associated
works at land to southeast of Castle Street, Dumbarton by
Aldi Stores Ltd.
7 CONSULTATION ON SECTION 36 APPLICATION TO       69 - 115
SCOTTISH GOVERNMENT ENERGY CONSENTS UNIT:
DC23/223/S36
Submit report by the Chief Officer – Regulatory and Regeneration seeking a
response to a consultation received from the Scottish Government Energy
Consents Unit on behalf of the Scottish Ministers regarding a proposed wind
farm development comprising up to ten wind turbines of approximately 7
megawatts (MW) each, with a maximum blade tip height of up to 250m, and
Battery Energy Storage System (BESS) with a capacity up to 20 MW.
__________________________________________________________________
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PLANNING COMMITTEE
At a Meeting of the Planning Committee held in the Civic Space, Council Offices, 16
Church Street, on Wednesday, 5 June 2024 at 10.00 a.m.
Present: Councillors Ian Dickson, Gurpreet Singh Johal, Daniel Lennie,
June McKay, Karen Murray Conaghan, Lawrence O’Neill, Chris
Pollock, Hazel Sorrell and Sophie Traynor.
Attending: Alan Douglas, Chief Officer - Regulatory and Regeneration; Amy
Melkevik, Lead Planning Officer; Matthew Spurway,
Development Planning and Place Officer; Ash Hamilton,
Planning Officer; Nigel Ettles, Principal Solicitor and Nicola
Moorcroft, Committee Officer.
Apology: An apology for absence was intimated on behalf Provost
Douglas McAllister.
Councillor Lawrence O’Neill in the Chair
DECLARATIONS OF INTEREST
Councillor Sophie Traynor declared an interest in item DC23/039/FUL: Installation of
driveway (Retrospective) at 49 Briar Drive, Clydebank G81 3HT, by Mr Steven
Messenger, the applicant being known personally by Councillor Traynor. Councillor
Traynor left the meeting during consideration of this item.
OPEN FORUM
The Committee noted that no open forum questions had been submitted by
members of the public.
MINUTES OF PREVIOUS MEETING
The Minutes of Meeting of the Planning Committee held on 8 May 2024 were
submitted and approved as a correct record.
PLANNING APPLICATIONS
Reports were submitted by the Chief Officer – Regulatory and Regeneration in
respect of the following Planning applications:-
ITEM 4
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(a) DC23/086/FUL: Erection of new activity centre incorporating a
community hub and bicycle workshop, together with associated works
at South Canal Bank, Sylvania Way, South Clydebank by West
Dunbartonshire Council. 
The Chair explained that the relevant Planning Officer was unable to attend
this meeting. 
The Committee agreed that this item be continued at a future meeting of the
Planning Committee. 
Having previously declared an interest in the following item, Councillor Traynor left
the meeting at this point. 
(b) DC23/039/FUL: Installation of driveway (Retrospective) at 49 Briar Drive,
Clydebank G81 3HT by Mr Steven Messenger. 
Reference was made to a site visit which had been undertaken in respect of
the above application. The Lead Planning Officer was heard in further
explanation, and in answer to Members’ questions. 
The Chair invited Mr Steven Messenger (Applicant’s son) to address the
Committee. Mr Messenger was heard in respect of the application and in
answer to Members’ questions. 
After discussion and having heard the Chief Officer – Regulatory and
Regeneration and Lead Planning Officer in further explanation, and in answer
to Members’ questions, the Committee agreed that this item be continued at
the next meeting of the Planning Committee and that an Officer from Roads
and Transportation be in attendance at that meeting to answer any questions
Members may have. 
Councillor Traynor rejoined the meeting at this point. 
MASTERPLAN CONSENT AREAS - STATEMENT OF CONSIDERATION 
A report was submitted by the Chief Officer – Regulatory and Regeneration seeking
agreement to issue the Statement of Consideration in relation to Masterplan Consent
Areas. 
Having heard the Development Planning and Place Officer in further explanation the
Committee agreed the proposed Council Statement of Consideration. 
The meeting closed at 10.55 a.m. 
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PLANNING COMMITTEE
NOTE OF VISITATIONS – 3 JUNE 2024
Present: Councillors Karen Murray Conaghan, June McKay (first site visit
only), Chris Pollock and Sophie Traynor (first site visit only).
Attending: James McColl, Development Management Team Leader and Amy
Melkevik, Lead Planning Officer. 
SITE VISITS
Site visits were undertaken in connection with the undernoted planning applications:-
South Bank of the Forth and Clyde Canal, Sylvania Way, South Clydebank
DC23/086/FUL: Erection of new activity centre incorporating  
a community hub and bicycle workshop, together with associated
works by West Dunbartonshire Council.
49 Briar Drive, Clydebank G81 3HT
DC23/039/FUL: Installation of driveway (Retrospective) by Mr Steven Messenger.
ITEM 5
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 7th August 2024
DC23/039/FUL: Installation of driveway (Retrospective) by Mr Steven
Messenger.
1. PURPOSE
1.1 To provide the Committee with the opportunity to further consider the
planning application following their request for an Officer from the Council’s
Roads Service to attend Planning Committee in order to answer further
questions regarding the application, and to seek the Committee’s decision
on the application.
2. RECOMMENDATION
2.1 Refuse planning permission for the reasons set out in Section 9 of
Appendix 1.
3. BACKGROUND
3.1 The above planning application was presented to Planning Committee on
5th June 2024. 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 an Officer from the Council’s Roads
Service to attend Planning Committee in order to answer further questions
regarding the application.
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 5th June 2024.
4.2 Since the publication of the original Committee Report (Appendix 1) further
photos of the applicant’s car parked upon the driveway have been provided
for additional clarity. These photos are provided within the planning file and
are available for public viewing.
4.3 Concerns remain relating to the amenity of the surrounding residential area
where users of the footway could be forced off the public footway due to
vehicles on the driveway the footway. The Council’s Roads Service have
ITEM 6a
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also objected to the proposal due to 4.1 metre depth of the driveway not
being sufficient to park a car on. It remains the case that the proposal is not
in accordance with NPF4, the adopted West Dunbartonshire Local Plan and
the proposed West Dunbartonshire Local Development Plan 2 and the
recommendation remains to Refuse planning permission for the reasons 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.
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.
Alan Douglas
Chief Officer – Regulatory and Regeneration
Date: 7th August 2024 
Person to Contact: James McColl, Development Management Team
Leader
Email: James.McColl@west-dunbarton.gov.uk
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Appendix 1: DC23/039/FUL Committee Report (05/06/2024)
Appendix 2: Location Plan
Wards affected: Ward 5 (Clydebank Central)
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 5th June 2024
_____________________________________________________________
DC23/039/FUL: Installation of driveway (Retrospective) at 49 Briar Drive,
Clydebank by Mr Steven Messenger
1. REASON FOR REPORT
1.1 The application is subject to an objection from another Council Service. Under the
terms of the approved Scheme of Delegation, the application therefore requires to be
determined by the Planning Committee. 
2. RECOMMENDATION
2.1 Refuse planning permission for the reasons set out in Section 9.
3. DEVELOPMENT DETAILS
3.1 The application site comprises a residential flat and associated garden ground within
a two storey, four in a block arrangement situated on the western side of Briar Drive
in Clydebank. Externally the flats are finished in a grey render for the external walls
and a grey tiled roof. There are front and rear garden areas for the flatted properties.
The property is situated within a well-established residential area with a variety of
dwellings of a similar design theme lying adjacent. 
3.2 A driveway has been created to the front of the flat. The driveway extends across the
whole of the front garden area of the flat measuring approximately 9.6m in width. The
depth of the driveway measures 4.1m within the monoblocked area with a gravelled
sloped area beyond which creates a level platform for the driveway due to the slightly
sloping nature of the site. Both the monoblock and gravel are grey in colour. Two
paths remain on site with the most northern path retaining step-free access to the
properties. The area to the front of the properties was previously grassed with a low-
level hedge as a boundary treatment. As the works have already been carried out,
the application is considered in retrospect.
3.3 An electric vehicle charging point has been attached to the front of the building
however, this in itself does not require the benefit of planning permission. 
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service object to the proposal on the basis that
the driveway is only 4.1m in depth.
5. REPRESENTATIONS
5.1 Two objections have been received from nearby residents. The full details are
contained within the planning file and are available for public viewing. However, the
concerns raised can be summarised as follows:
ITEM 6a -
APPENDIX 1
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• Object on health and safety grounds.
• The permission is retrospective.
• The car will be near the window of neighbouring properties.
• The driveway may restrict parking for other residents.
• The access is communal.
• The disabled parking bay post has been moved.
• The company who installed the driveway is not certified.
• The driveway does not have sufficient foundation and is sinking in places.
• A dropped kerb has not been formed to access the driveway.
• Electric cars are known to go on fire and this constitutes a hazard.
• There is a charging point which has not been checked if it is a fire risk.
The concerns raised shall be assessed in the Section 7 below.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
National Planning Policy 4
6.1 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. 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. Development proposals that are poorly designed, detrimental to the
amenity of the surrounding area or inconsistent with the six qualities of successful
places, will not be supported in accordance with Policy 14. Policy 16 supports
householder development proposals where they do not have a detrimental impact
upon the character of the property and surrounding area, and do not have a
detrimental effect upon neighbouring properties.
6.2  The matters relevant to the assessment against the above policies are addressed in
detail in Section 7 below. Based on that assessment, it is concluded that the proposal
is not in accordance with NPF4.
West Dunbartonshire Local Plan 2010
6.3 Policy GD1 seeks to ensure that all new development is of a high quality of design
and respects the character and amenity of the area. The requirement for proposals to
be appropriate to the local area inclusive of design and the effect on privacy is
highlighted. Considering residential amenity, Policy H5 seeks to protect, preserve,
and enhance the residential character and amenity of existing residential areas at all
times.
6.4  The proposal does not comply 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. 
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The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18
December 2020, is also a material consideration, although it does not directly affect
the development proposal under consideration.
7.2 Policy CP1 of LDP2 seeks to ensure that all development takes a design lead
approach and seeks to protect and enhance the amenity of existing communities.
Policy H4 sets out that that the Council will protect, preserve, and enhance the
residential character and amenity of existing residential areas at all times. It is
considered that the proposal is not in accordance with the relevant policies of LDP2.
Principle of Development
7.3 The creation of a driveway within the front curtilage of a flatted property situated
within an established residential area is acceptable in principle, subject to all material
considerations being addressed. This type of development is commonly found within
residential areas and with the facility to charge electric vehicles, the proposal would
be considered to, in a small way, support tackling the climate emergency. It therefore
rests to consider if there are any material planning considerations that would result in
the proposal being unacceptable. 
Visual Appearance
7.4  The driveway, whilst wide in nature and covering the whole of the front garden area
of the flat, does not cover the whole of the frontage of the plot. An area of green
remains to the south of the site which is outwith the development area. The colour
and material choices of grey monoblock and gravel are in keeping with the varied
colour palette of the surrounding area, with other monoblocked driveways being
present within close proximity. On balance, it is considered that the visual
appearance of the driveway that has been formed is acceptable within the context of
the area. 
Traffic and Road Safety Matters
7.5 In assessing whether any road safety concerns arise in respect of the driveway that
has been formed, the Council’s Roads Service have been consulted on the
application proposal. The Roads Service have concerns regarding the depth of the
driveway which is 4.1m from the heel of the footway to the rear of the monoblocked
area of the driveway. They consider this to be unacceptable and have objected to the
application on this basis. This is due to 4.1m not being a sufficient depth to park a car
which could result in the footway being obstructed, forcing pedestrians and, in
particular, wheelchair users and those with prams onto the public road. 
7.6 The Road’s Service advise that a minimum driveway length of 5 metres is generally
required to ensure a vehicle does not overhang the footway. This is not achieved by
the driveway already constructed on site. Whilst it is accepted that cars which are
less than 4.1 metres in length are available, family cars generally exceed this
dimension. This includes a Ford Focus at 4.4 metres in length and a Kia Sportage at
4.5 metres in length. It is not considered that a condition restricting the type and
dimension of vehicle that could be parked on the driveway would be reasonable.
Such a condition would also likely be impossible to enforce. Given this and being
guided by the objection from the Council’s Road Service, the proposal is considered
to be unacceptable with reference to the potential implications for pedestrians using
the footway and implications for road safety.
7.7 Concerns are raised in the objections in respect of the implications of the driveway
on the availability of street parking. The Council’s Roads Service, however, does not
object to the proposal on this basis. 
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The requirement for a footway crossover and dropped kerb or any works to be
undertaken to the public road would be a matter to be addressed by the Roads
Service via separate legislation. The disabled parking bay sign being moved to
accommodate the driveway is not a planning matter. The disabled bay which the sign
relates to remains in place on the street and it is noted the driveway and disabled bay
overlap. This would, however, be a matter to also be addressed by the Roads
Service via separate legislation.
Impact on Residential Amenity
7.8 The driveway is located adjacent to the windows of the downstairs property. Whilst
movement and noise will be brought slightly closer to the property than has been
previously experienced with cars parking on the adjacent road, it is not considered
that this will unacceptably disturb the amenity of the neighbouring property to an
extent that would justify the refusal of the application. The retention of the path
between the driveway and the building provides some separation between the
driveway and the downstairs property. 
7.9 In addition to the road safety matters discussed above, the depth of the driveway
also raises concerns regarding the impact on the wider amenity of the surrounding
residential area and impacts upon the ability for people to easily move around the
area and this is not consistent with the six qualities of successful places. As there is
no space in which to lengthen the driveway within the confines of the site, users of
the pavement may be forced to leave the public footway in order to pass vehicles
overhanging the public footway. 
Representations Received
7.10 Turning to the outstanding points raised in the submitted objections which have not
been assessed above. Many of the points raised in the objection are not material
planning considerations. These include the land being communal, the company who
installed the driveway not being certified and the quality of the work undertaken.
Reference has also been made to a perceived fire risk posed by electric charging
points and/or cars but there is no evidence to suggest that the proposal would
represent a fire risk. The retrospective nature of the application has also been noted;
however, the planning system does allow for retrospective applications, and this
cannot be a determining factor. 
8. CONCLUSION
8.1 This retrospective application for the creation of a driveway raises concerns relating
to the amenity of the surrounding residential area in which users of the footway could
be forced off the public footway due to insufficient parking space within the off-street
area causing vehicles to overhang the footway. This impacts upon the ability for
people to easily move around the area and this is not consistent with the six qualities
of successful places. The Council’s Roads Service have also objected to the
proposal due to 4.1 metre depth of the driveway not being sufficient to park a car on.
This would result in vehicles potentially overhanging and obstructing the footway and
forcing pedestrians, and in particular wheelchair users and those with prams onto the
public road. 
8.2 The proposal is therefore not supported by Policies GD1 and H5 of the adopted West
Dunbartonshire Local Plan, Policies CP1 and H4 of the proposed West
Dunbartonshire Local Development Plan 2 or Policies 14 and 16 of National Planning
Framework 4. 
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9. REASONS FOR REFUSAL
1. The development does not provide sufficient depth in which to park a vehicle off-
street which will result in pedestrians and, in particular, wheelchair users and
those with prams to be unable to use the public footway. As such the
development is contrary to Policy 14 of NPF4, Policy GD1 of the adopted West
Dunbartonshire Local Plan and Policy CP1 of the West Dunbartonshire Local
Development Plan 2 which requires proposals to improve the quality of an area
and to be supported by the six qualities of successful places.
2. The proposal is contrary to Policy 16 of NPF4, Policy H5 of the adopted West
Dunbartonshire Local Plan and Policy H4 of the West Dunbartonshire Local
Development Plan 2 due to the disruption to the residential amenity of the area
resulting from the potential obstruction of the footway.
3. The proposal would potentially bring pedestrians and vehicles into conflict, to the
detriment of road and pedestrian safety.
Alan Douglas
Chief Officer – Regulatory and Regeneration 
Date: 5th June 2024
______________________________________________________________
Person to Contact: James McColl, Development Management Team Leader
James.McColl@west-dunbarton.gov.uk
Appendix: Location Plan
Background Papers: 1. Application forms and plans
2. Representations
3. Consultation response
4. National Planning Framework 4
5. West Dunbartonshire Local Plan 2010
6. Proposed West Dunbartonshire Local Development
Plan 2 2020, as amended
Wards affected: Ward 5 (Clydebank Central)
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¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 22/05/2024.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:1,250@A422/05/2024
DC23/039/FUL - MapWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
ITEM 6a - APPENDIX 2
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 7th August 2024
DC23/086/FUL: Erection of activity centre incorporating a community
hub and bicycle workshop, together with associated work
on land adjacent to the south bank of the Forth and Clyde
Canal, Clydebank by West Dunbartonshire Council.
1. PURPOSE
1.1 To provide the Committee with the opportunity to consider the planning
application following continuation from June Planning Committee, and to
seek the Committee’s decision on the application.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9
of Appendix 1
3. BACKGROUND
3.1 The above planning application was to be considered by Planning
Committee on 5th June 2024. Appendix 1 contains a copy of the Committee
Report. Due to the relevant Officer from the Planning Service being unable
to attend Committee, it was determined by the Planning Committee to
continue the application without consideration, to allow for the relevant
Officer to attend, present the application and answer Members questions.
4. MAIN ISSUES
4.1 There are no material changes to the Development Plan position, the
circumstances of the site, proposal or the assessment since June
Committee.
4.3 It remains the case that the proposal is welcomed and would provide a high
quality, community focused activity centre that would contribute to the mix
of uses and vitality of the Town Centre and help connect people with the
canal, without any detrimental effects on local amenity.
4.4 The proposal presents no conflict with the policy requirements of NPF4, the
adopted Local Plan, the proposed Local Development Plan 2 and
associated Planning Guidance.
ITEM 6b
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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.
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.
Alan Douglas
Chief Officer – Regulatory and Regeneration
Date: 7th August 2024 
Person to Contact: James McColl, Development Management Team
Leader
Email: James.McColl@west-dunbarton.gov.uk
Appendix 1: DC23/086/FUL Committee Report (05/06/2024)
Appendix 2: Location Plan
Wards affected: Ward 5 (Clydebank Central)
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 5th June 2024
DC23/086/FUL: Erection of activity centre incorporating a community hub and
bicycle workshop, together with associated work on land adjacent
to the south bank of the Forth and Clyde Canal, Clydebank by West
Dunbartonshire Council. 
1. REASON FOR REPORT
1.1 The planning application raises issues that in the opinion of the appointed officer
merits the determination of the application by Committee. Under the terms of the
approved Scheme of Delegation, it therefore requires to be determined by the
Planning Committee.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9 below.
3. DEVELOPMENT DETAILS
3.1 The application site relates to a 943sqm area of land located adjacent to the South
Bank of the Forth and Clyde Canal and the NCR 7 cycle route, to the south of the
Clyde Shopping Centre, Clydebank. The site is linear in form, slopes gently down
from south to north, and is comprised of amenity grass and 8 trees, most of which
are located along the northern extent. The site also includes 5 sculptured seating
elements. Currently, the site functions as open space and is part of a wider area that
forms the southern canal bank.   
3.2 The site is situated within Clydebank Town Centre and surrounded by a mix of uses,
with a church to the south, Clydebank Shopping Centre and amenity greenspace to
the north, Clydebank Bandstand and South Sylvania Way to the west and a walkway
and greenspace to the east. The site of the former Playdrome Leisure Centre, for
which planning permission has been granted for a residential development, lies to the
southeast. 
3.3 Planning permission is sought for the development of an activity centre which
includes a community hub and associated kitchen, launderette, coffee hatch, bicycle
store, workshop and landscaping. It is indicated that the Community Hub will host a
range of recreational and educational activities, such as yoga and cooking classes.
The proposed modular building would have a footprint of 234sqm, being 6.7m D x
35m L, with the flat roof rising to a highest point of 3.85m and overhanging the
building footprint by approximately 1.3m on the northern elevation to create a
covered corridor (loggia). The building is comprised of two parts connected by a
roofed external cycle storage area which can be closed off at the sides. A condenser
store is located at the eastern end. All window openings are floor to ceiling, with five
windows and a door proposed on the northern elevation, four windows on the
southern elevation and one window on the western elevation, all of which would be
fitted with folding security shutters. Two skylights are also proposed. 
ITEM 6b -
APPENDIX 1
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The building would be comprised of a polished pre-cast concrete base rising to a
highest point of 1m, with the walls finished with a series of metal fins infilled with
perforated 1.5m wide metal mesh panels. The windows would be comprised of
aluminum with the door being metal. The walls, windows and door would be finished
in a powder coated Green RAL 6003 colour. No information has been provided on
the finish of the membrane roof. 
3.4 With respect to the wider site, a hardstanding area is proposed within the northern
half of the western extent, along with a gravel pathway along the eastern and
southern elevations. A wild garden is further proposed adjacent to the southern
elevation. 
3.5 While the application indicates that there would be illuminated signage on the
northern elevation, this will require to be assessed under a separate application for
Advertisement Consent.   
3.6 In support of the proposal, the applicant has submitted a range of documentation and
information, including a Design Statement, Tree Report, and Preliminary Ecological
Appraisal. 
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service have no objection to the proposal in
respect of roads and parking together with flooding matters. 
4.2 West Dunbartonshire Council Environmental Health Service have no objection,
subject to two conditions on construction and operating hours.   
4.3 West Dunbartonshire Council Biodiversity Officer has no objection, subject to two
conditions relating to landscaping and biodiversity enhancement. 
4.4 Historic Environment Scotland had initially objected due to the potential impact upon
the canal which is a scheduled monument, but following further consideration the
objection was removed. 
5. REPRESENTATIONS 
5.1 None received. 
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN 
National Planning Policy 4
6.1 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. 
6.2 Policy 3 seeks to protect biodiversity and deliver positive effects from development,
requiring that local development includes appropriate measures to conserve, restore
and enhance biodiversity. It is noted that measures should be proportionate to the
nature and scale of development. 
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6.3 Policy 6 aims to protect and expand forests, woodland and trees. It advises that
proposals will not be supported where they result in the loss of ancient woodlands,
ancient and veteran trees, or individual trees of high biodiversity value. Where
woodland is removed, compensatory planting is expected to be delivered.   
6.4 Policy 7 aims to protect and enhance historic environment assets and places, with
proposals affecting scheduled monuments only supported where direct impacts on
the integrity and setting of scheduled monuments are avoided or exceptional
circumstances have been demonstrated to justify the impacts on the monument and
any impacts have been minimised. 
6.5 Policy 12 relates to waste and advises that development proposals will set out how
much waste the proposal is expected to generate and how it will be managed. 
6.6 Policy 13 supports proposals where they provide direct, easy, segregated and safe
links to local facilities via walking, wheeling and cycling networks and are accessible
by public transport. 
6.7 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, with development proposals required to
contribute to both, where relevant, through local access to a wide range of facilities
and activities, including lifelong learning and recreation facilities 
6.8 Under part (f) of Policy 19, proposals for buildings that will be occupied by people will
be supported where they are designed to promote sustainable temperature
management, for example by prioritising natural or passive solutions such as siting,
orientation, and materials. 
6.9 Green infrastructure is considered through Policy 20. Proposals that result in
fragmentation or net loss of existing green infrastructure will only be supported where
it can be demonstrated that this would not result in or exacerbate a deficit in green
infrastructure provision, and the overall integrity of the network will be maintained. 
6.10 Policy 21 seeks to promote and facilitate spaces and opportunities for play,
recreation and sport. It advises that development proposals likely to be occupied or
used by children and young people will be supported where they incorporate well
designed, good quality provision for play, recreation, and relaxation that is
proportionate to the scale and nature of the development and existing provision in the
area.    
6.11 Policy 22 addresses flood risk and water management, stating 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 minimise the area of impermeable surface. 
6.12 Policy 23 aims to safeguard people from environmental harm and promote and
facilitate development that improves health and wellbeing. Development proposals
that will have positive effects on health will be supported. Policy 24 supports
proposals that incorporate appropriate, universal, and future-proofed digital
infrastructure. 
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6.13 Policy 27 seeks to promote and facilitate development in our city and town centres,
advising that proposals that enhance and improve the vitality and viability of city,
town and local centres, including proposals that increase the mix of uses, will be
supported. 
6.14 The proposed development is supported by NPF4 and is assessed fully in Section 7
below. 
West Dunbartonshire Adopted Local Plan 2010  
6.15 Policy GD1 seeks to ensure that all new development is of a high quality of design
and respects the character and amenity of the local area. 
6.16 Policy RET 5 advises that applications for non-retail uses within the designated town
centres will be favourably considered where they contribute to the vitality and viability
of the town centre and do not conflict with other Local Plan policies. 
6.17 Policy R1 relates to the retention of existing open space. It includes a presumption
against development which adversely affects the use, character or amenity of areas
of functional and valued open space. Developments on existing open space will be
considered against the existing or potential future use, quality, function and value of
the open space and the sufficiency of provision of the facility type in the local area. 
6.18 Policy T1 and T4 require sites to be integrated with sustainable travel. Policy E1
relates to the Council’s Biodiversity duty and Policy E5 requires new development
proposals to consider impacts on trees and incorporate suitable tree planting.
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.
Policy DC7 supports the inclusion of on-site micro-renewable technologies. 
6.19 Policy BE 5 advises that the Council will resist any development proposals that would
have an adverse impact on or affect the setting of a Scheduled Ancient Monument,
unless a number of criteria are met. 
6.20 Policy R 4 seeks to ensure that new development on or adjacent to the Forth and
Clyde Canal is compatible and appropriate, with Policy R 4C encouraging
recreational activities adjacent to the canal. Policy R 4F notes that development of
canal-side sites should, wherever possible, be oriented towards and integrate with
the canal, overlook the canal to provide a supervised edge and provide direct access
to the existing canal side paths.  
6.21 The proposal 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.
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7.2 Policy CP1 seeks to ensure that development is of a high quality, adaptable and
designed to be suitable for a mix of occupants. It indicates 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. 
7.3 Clydebank Policy 1 advises that the Council will encourage proposals adjacent to the
Forth and Clyde Canal which introduce a mixture of uses associated with a leisure
and evening economy, such as recreational activities. These uses will be supported
where they will help to transform this area into a well-used multi-functional Town
Centre that extends a range of activities into the evening and makes the Canal a
focal point for activity, whilst also being complimentary to existing Town Centre uses.
In line with this, the Clydebank Town Centre Development Strategy supports the
transformation of the area around the Forth and Clyde Canal into a focal point and
multi-functional area for recreation which connects people again with the Canal.
Policy FCC1 advises that development alongside the Forth & Clyde Canal should
enhance this green network asset. Development that would have an adverse impact
on the canal or its setting will not be permitted. 
7.4 Policy SC1 advises that proposals for retail, commercial and leisure investment, and
other key Town Centre uses, should align with the sequential approach and the
preferred uses set out in Table 5, which includes Class 11 – Assembly and Leisure.
Developments are directed sequentially to Town Centres in the first instance. 
7.5 Policy GI1 relates to open space and outdoor sports facilities. It advises that
development which would result in the loss of open space which is, or has the
potential to be, of quality and value will not be permitted unless provision of 
additional open space of equal or enhanced quality and value is provided. 
7.6 Policy BE1 advises that where development would adversely affect a scheduled
monument or the integrity of the setting of a scheduled monument, permission would
only be granted in exceptional circumstances. 
7.7 Policy CON4 sets out a need for all developments to install sufficient broadband
provisions. 
7.8 Policies ENV1, ENV4, ENV 5 and ENV6 are all similar to the ecology, tree, water
environment and flooding policies of the adopted Local Plan. Policy ENV8 requires
developments to address air quality, lighting and noise as part of the planning
process. 
7.9 Policy RE4 encourages micro-generation and heat recovery technologies within or
associated with individual properties, with Policy RE5 advising that new buildings are
required, as far as possible, to integrate low and/or zero carbon generating
technologies.   
7.10 It is considered that the application complies with the relevant policies above, as set
out in the assessment below. 
Creating Places Planning Guidance and Green Network and Green Infrastructure
Planning Guidance
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7.11 The Creating Places 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. The Green Network and Green Infrastructure Guidance - November 2022
seeks to ensure that the proposal 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. Following a full assessment, it is concluded
that the proposal presents no conflict with the aims of the guidance. 
Principle of Development
7.12 While the application site is not allocated for a specific use in the Proposals Maps of
the Local Plan and proposed LDP2, it is located in Clydebank Town Centre and
subject to the policy requirements associated with this location. It is considered that a
community focused Activity Hub located adjacent to the Canal would contribute to the
provision of a mix of uses within the Town Centre, thereby improving the vitality and
viability of the Centre. The proposed provision of recreational and educational
opportunities would also promote lifelong learning, health and wellbeing and help
create a multi-functional area that connects people with the Canal. In light of the
above, the principle of development is supported by Policy 15, Policy 21, Policy 23
and Policy 27 of NPF4, Policy RET 5 and Policy R 4C of the Local Plan, and
Clydebank Policy 1, Clydebank Town Centre Development Strategy and Policy SC1
of the proposed LDP2.   
7.13 It is noted that the site, which is comprised of amenity grass, trees and sculptured
seating, has value as open space. While it is not identified as open space in the
Proposals Maps of the Local Plan and proposed LDP2, Policy R 1 and Policy GI1 of
the respective Plans safeguard open space which is, or has the potential to be, of
quality and value. Policy 20 of NPF4 advises that development proposals that result
in the fragmentation or net loss of existing blue and green infrastructure will only be
supported where it can be demonstrated that the proposal would not result in or
exacerbate a deficit in blue or green infrastructure provision, and the overall integrity
of the network will be maintained. With significant areas of similar amenity grassland
located along the canal to the north and east of the application site, it is considered
that the proposal, which would result in approximately a third of the existing open
space being lost, would not result in or exacerbate a deficit in green infrastructure at
this location. It is also considered that a proposal of this nature will enhance facilities
at this location and compliment the wider areas of open and public space that form
this part of the southern canal bank. In this context, the proposal complies with Policy
20 and is acceptable.       
Site Layout, Design and Appearance
7.14 New development requires to be well designed, take cognisance of the setting into
which it is introduced and provide high quality, well designed buildings, whilst
recognising the impact on existing neighbouring properties.   
7.15 The 234sqm building footprint is appropriate relative to the 943sqm site size, with the
single storey scale and linear form aligning with and complimenting the adjacent
cycle path and Canal. The building would have a contemporary and attractive
appearance, with the use of floor to ceiling windows/door, projecting fins infilled with
perforated mesh panels and an overhanding roof providing a good degree visual
diversity and interest. With the front elevation orientated towards the Canal, the
proposal would also provide an active frontage that engages positively with the
Canal. The proposed Green RAL 6003 colour finish would also blend in with the
surrounding greenspace.  
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While samples of the proposed materials and colour finish have not been provided in
advance of the determination of the application, these can be secured through
condition and subject to approval prior to the commencement of development. 
7.16 It is noted that the application does not include information on the provision of low
and/or zero carbon generating technologies, as required by Policy RE5. This matter
can, however, be addressed through condition.   
7.17 Overall, it is considered that the proposal would create a well-designed development
that addresses the six qualities of successful places by having a distinctive identity,
using high quality materials and being well connected and sustainable. As such, it
complies with Policy 15 of the NPF4 and policies GD1, DS1 and CP1 of the adopted
and proposed Plans, alongside the Creating Places Guidance (2022). 
Residential Amenity
7.18 The layout and scale of development proposed relative to the proximity of existing
housing raises no concerns with respect to privacy, overshadowing or overbearing
effects. While the development will undoubtedly bring additional activity to the area, it
is unlikely to result in any noise or activity beyond that typically found in a Town
Centre during the day. It is noted that the Activity Centre will not operate before 9am
or beyond 8pm and a condition can be attached to secure these operating hours.
Although it is accepted that the construction phase will produce an element of short
term noise and disruption, the consultation response from the Council’s
Environmental Health Service highlights the requirement for the construction of the
development to be undertaken in a way that ensures that adjacent residential
amenity is not adversely affected, which can be secured through condition. 
Trees, Open Space and Landscaping 
7.19 While the submitted Tree Survey identifies eight trees on the site, comprising 2 Wild
Cherry, 3 Norway Maple, 2 Callery Pear and 1 London Plane, it notes that there are
no ancient or veteran trees on the site. Although six trees would need to be removed
to accommodate the development, the proposal complies with Policy 20 and Policy
ENV4 as no ancient or veteran trees or those covered by a TPO would be removed.
It is noted that, following pre-application discussions, the applicant has included a
wild garden as part of the landscaping in an effort to offset the loss of trees. 
7.20 The proposal would provide approximately 630sqm of open space, comprised of
hardstanding and grassed areas. While a detailed landscaping scheme has not been
submitted, a gravel walkway is proposed adjacent to the eastern and southern
elevations, along with a hardstanding area within the northwest extent and a wild
garden adjacent to the southern elevation. The approach outlined is acceptable in
principle and a detailed landscaping scheme can be secured through condition.     
Traffic, parking and road safety
7.21 The proposal raises no concerns with respect to traffic generation and road safety
due to the scale and nature of the development and the excellent public transport
and active travel connections associated with a Town Centre location.  While no
dedicated parking is proposed, it is considered that there is adequate parking within
this Town Centre location. It is also noted that the consultation response from the
Roads service raised no objection in relation to these issues.   
Transport and Connectivity
7.22 With the site being located in the Town Centre, it is accessible to a wide range of
local services and within a 5 min walk of frequent public transport services to centres
across West Dunbartonshire and beyond to Glasgow and Helensburgh. 
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The site is also located adjacent to the NCR 7 cycle path. It is therefore concluded
that the development is provided in an appropriate location within an established
settlement accessible by means other than the private car. 
Flooding and Drainage
7.23 The proposal raises no concerns with respect to flooding as the site is not identified
as being at risk on SEPA’s Flood Maps. The consultation response from the
Council’s Flooding Officer also raised no objection. In relation to drainage, the
application indicates that foul wastewater would be discharged to the public sewer,
with surface water discharged to the canal. While no detailed information on
drainage, including the use of SUDS, has been provided, this matter can be
addressed through condition. The proposal is therefore acceptable, subject to
condition. 
Ecology
7.24 The preliminary ecological appraisal submitted with the application found that the
habitats on the site were of low conservation value, with no evidence of protected
species and limited scope for nesting birds. The appraisal includes a number of
recommendations, such the minimisation of light spill, which can be secured through
condition. The Council’s Biodiversity Officer has no objection to the Preliminary
Ecological Appraisal, but requests that a detailed Landscaping Scheme and
Biodiversity Enhancement Plan be provided, which can again be secured through
condition.       
Cultural Heritage
7.25 A large portion of the application site is located within the Forth and Clyde Canal
Canal: Old Kilpatrick - Linnvale Scheduled Monument, which includes the canal,
towpath and areas to either side in which traces of activities associated with its
construction and use may survive. While Historic Environment Scotland initially
objected to the proposal due to concerns about the potential adverse effects of the
proposal, the objection was subsequently removed after discussions with the
applicant. In light of this, the proposal is acceptable in this context.     
Waste Provision
7.26 The proposal is expected to generate a level of waste commensurate to a community
facility of the scale proposed. A refuse store is proposed within the eastern corner of
the building, which is acceptable.   
8. CONCLUSION
8.1 The proposal is welcomed and would provide a high quality, community focused
activity centre that would contribute to the mix of uses and vitality of the Town Centre
and help connect people with the canal, without any detrimental effects on local
amenity. 
8.2 The proposal presents no conflict with the policy requirements of NPF4, the adopted
Local Plan, the proposed Local Development Plan 2 and associated Planning
Guidance.
9. CONDITIONS 
1. Prior to the commencement of development on site, exact details and samples of all
proposed external materials shall be submitted to and approved in writing by the
Planning Authority. Thereafter, unless otherwise agreed in writing with the Planning
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Authority, the development shall be completed in strict accordance with the approved
material details and palette. 
2. Prior to the commencement of development on site, full details of all hard surfaces
shall be submitted for the further written approval of the Planning Authority. The
development shall thereafter proceed in accordance with the approved details. 
3. Prior to the commencement of development on site, a detailed soft landscaping plan
shall be submitted to and approved in writing by the Planning Authority. Thereafter,
unless otherwise agreed in writing with the Planning Authority, the development shall
be completed in strict accordance with the approved plan. 
4. 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. Thereafter, unless otherwise agreed in writing with
the Planning Authority, the development shall be completed in accordance with the
approved plan. 
5. 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. 
6. That 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. 
7. All recommendations within the Preliminary Ecological Appraisal dated August 2022
and hereby approved, shall be implemented in full to the satisfaction of the Planning
Authority. 
8. That prior to the commencement of works on site, full details of the proposed
drainage regime, inclusive of calculations and overland flow details, shall be
submitted to and approved in writing by the Planning Authority. The drainage regime
shall then be implemented and maintained as approved at all times thereafter. 
9. That all surface water shall be intercepted within the site both during construction and
on completion of the development and full details of measures to ensure that surface
water run-off is contained within the site shall be submitted to and approved in writing
to the Planning Authority prior to the commencement of any works on site. The
measures shall be implemented and maintained as approved. 
10. Prior to the operation of the Activity Centre, the developer shall install the necessary
infrastructure to enable the development to be connected to the existing fibre optic
network, where available in West Dunbartonshire, and in accordance with the
relevant telecommunications provider’s standards.   
11. Prior to the commencement of any works on site, full details of the incorporation of
low and/or zero carbon technologies shall be submitted to and approved in writing by
the Planning Authority. Thereafter the development shall be undertaken in
accordance with the approved details. 
12. The development hereby approved shall only operate between the hours of 9am-8pm
Mon-Fri, unless otherwise agreed in writing by the Planning Authority. 
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13. 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 approved in writing by the Planning Authority:
• Mondays to Fridays: 0800 – 1800
• Saturdays: 0800 – 1300
• Sundays and public holidays: No Working 
Alan Douglas
Chief Officer – Regulatory and Regeneration 
Date: 5th June 2024 
Person to Contact: James McColl, Development Management Team Leader
James.McColl@west-dunbarton.gov.uk 
Appendix: Location Plan   
Background Papers: 1.  Application forms and plans 
2.  Consultation responses 
3.  National Planning Framework 4 
4.  West Dunbartonshire Local Plan 2010 
5.  Proposed West Dunbartonshire Local Development
Plan 2 2020, as amended 
6. ‘Green Network and Green Infrastructure’ Planning
Guidance (2022) 
7. Creating Places Planning Guidance (2022) 
Wards affected: Ward 5 (Clydebank Central) 
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¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 22/05/2024.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:1,250@A422/05/2024
DC23/086/FUL - MapWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
ITEM 6b - APPENDIX 2
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 7th August 2024
DC22/245/FUL: Formation of a dwellinghouse with the re-establishment of the
derelict Ferrydykes cottage into a family home, involving the
renovation of the existing property inclusive of the construction of
a dormer and extension to the rear together with associated works
at Former Ferry Dyke Canal House, Portpatrick Road, Old
Kilpatrick by Mr Farhat Malik
1. REASON FOR REPORT
1.1 The application is subject to an objection from a statutory consultee. Under the terms
of the approved Scheme of Delegation, the application therefore requires to be
determined by the Planning Committee. 
2. RECOMMENDATION
2.1 Refuse planning permission for the reasons set out in Section 9.
3. DEVELOPMENT DETAILS
3.1 The application site is located on the southern side of the Forth and Clyde Canal
adjacent to Portpatrick Road in Old Kilpatrick and extends to approximately 1158 sqm.
The site’s northern boundary is onto the tow path which runs alongside the canal.
There is a more informal path to the western boundary which links the tow path (Core
path 110) with Core Path 166. The site sits within an area of tree cover which is
designated as open space within the adopted Local Plan and proposed Local
Development Plan 2. 
3.2 Currently on site there is the remnants of what was Ferry Dyke Canal House (also
known as Ferrydykes Cottage). The building has sat empty for a number of years and
in addition, has been set alight on two occasions as stated within the supporting
statement submitted as part of the application. The majority of the roof is missing with
vegetation growing within various places in the building’s interior. Vegetation has also
penetrated the remaining stonework. The building is not capable of being occupied in
its current form and the extent of the works required to the building would go beyond
repair and reinstatement. They would be more akin to a complete rebuilding of the
structure. As such, what remains on site is a ruin with the previous use considered to
be abandoned. Accordingly, the structure can no longer be classed as a dwelling in
terms of Planning. The site has re-naturalised over time and is now covered with areas
of dense vegetation and a variety of immature and trees. A number of more mature
trees also surround the former cottage. 
3.3 Planning permission is sought to reinstate the two and a half storey dwellinghouse,
including an extension beyond the original footprint to the rear as well as a porch to
the front. In addition, it is proposed to extend the curtilage of the property to the east
and south in order to provide garden grounds for Ferrydykes Cottage. 
ITEM 6c
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3.4 The extension proposed to the rear of the property is single storey in height, projecting
5.6m from the rear of building and measure 6.4m in width. The proposed porch projects
1.9m from the principal elevation of the property and measures 2m. Within the newly
constructed roof, two dormer windows are proposed to the rear of the building. In terms
of window and door openings, to the rear a new door opening at the ground floor level
is proposed, which will allow for the newly created terrace above the single storey
extension to be accessed. One new window opening is to be created at ground floor
level on the east elevation. 
3.5 Proposed material finishes are not detailed within the plans but are noted within the
supporting statement as white render for the external walls, natural slate for the roof,
slate coloured zinc dormer windows, cast iron rainwater goods and timber sash and
case windows fronting the towpath. 
3.6 The proposed floorplans show a lounge, kitchen and bedroom 1 at the lower ground
floor level and a lounge, bathroom and bedroom 2 at ground floor level. Bedrooms 3
and 4 are shown at the attic level. Within the proposed garden grounds a patio is shown
to the rear of the property with a lawn and large pond within the garden grounds. Bin
storage and a shed are also shown to the south of the property, but no details have
been provided of the shed.
3.7 Due to the location of the Ferrydykes Cottage on the opposite side of the Canal to
Portpatrick Road, no parking has been provided within the red line boundary. As part
of the application process the applicant and their agent have investigated alternative
parking solutions and have proposed the lease of one of the garage sites on Portpatrick
Road in order to provide space for one car to be parked off-street. 
3.8 The site is located between Core Path 110 and Core Path 166, adjacent to the course
of the Antonine Wall, within an area designated as part of both the adopted Local Plan
and proposed Local Development Plan 2 as open space and within close proximity to
the Inner Clyde Special Protection Area.
3.9 In support of the proposal the applicant has submitted a range of supporting
documentation and information including a Design Supporting Statement, Tree Report
and Preliminary Ecological Appraisal.
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service initially requested that off street parking
be provided. The applicant has indicated that they are able to secure the use of an
adjacent site on Portpatrick Road to which the Roads Service have confirmed would
be acceptable if it this was secured in perpetuity. In addition, a condition relating to a
construction programme are recommended in order to ensure there is no unacceptable
impact on the public road.
4.2 West Dunbartonshire Council Roads Service (Flooding) initially requested that a Flood
Risk Assessment (FRA) be submitted. Upon review of the Flood Risk Assessment
there are no objections on flood risk grounds.
4.3 West Dunbartonshire Council Environmental Health Service recommend the addition
of conditions relating to the presence of any previously unexpected contamination and
the re-use of site won material or import of material to any granting of permission.
4.4 West Dunbartonshire Council Biodiversity Officer welcomes that the Preliminary
Ecological Assessment demonstrates there is no impact on protected species. Time
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constraints noted for site clearance due to bird breeding season and overwintering
birds within the Special Protection Area. The Preliminary Ecological Assessment does
not consider the distance to the Inner Clyde Special Protection Area to have significant
impact however NatureScot’s response does consider the development proposal as
having likely significant effect on the Inner Clyde Special Protection Area. All mitigation
instructed by NatureScot would need therefore to be conditioned.
4.5 In terms of biodiversity onsite – there is proposed tree loss and no details have been
provided showing trees lost and retained (or mitigation for safeguarding trees to be
retained through the construction phase). There is no biodiversity enhancement of the
site demonstrated and nothing has been offered in terms of trees replaced (mitigation)
or indeed any enhancements, or landscaping plans. There is mention of a biodiversity
pond in the design statement, but no plans have been given for this.
4.6 Scottish Water has no objection to the application; however, the applicant should be
aware that this does not confirm that the proposed development can currently be
serviced.
4.7 NatureScot recommend that the proposal can be progressed with appropriate
mitigation. Due to works within 40m of the Inner Clyde Special Protection Area
boundary, mitigation measures would be to include conditions that ensure either works
are undertaken within a specific timeframe or that noise barrier are used. 
4.8 Historic Environment Scotland consider that the repair, consolidation, and conversion
would help ensure the long-term survival of a structure that is of historical interest in
relation to the use and function of the Forth and Clyde Canal. The proposed extensions
are considered to be appropriate. In relation to the Antonine Wall and fort designations,
HES would be content that the proposals would not have a negative impact on the
setting of either the world heritage site or scheduled monument. 
4.9 Scottish Canals (British Waterways Scotland) support the appropriate reuse and
development of the former Ferry Dyke Canal House and the associated regeneration
of the surrounding site. It is noted that all interfaces with the canal, including
construction methodologies adjacent to the canal structure, with require the Scottish
Canals Third Party Works approval. In addition Scottish Canals feel that it would be
appropriate for the applicant to review suitable access routes and submit an
appropriate method statement. 
4.10  Scottish Environment Protection Agency initially submitted a holding objection to the
application and requested that further information be provided. Once this information
was provided and following a re-consultation, SEPA objected in principle to the
application and recommended that planning permission should be refused. This is
because the proposed development is expected to put people or property at risk of
flooding, which is contrary to the duties se out under the Flood Risk Management
(Scotland) Act 2009, and the policy principles of National Planning Framework 4. 
5. REPRESENTATIONS
5.1 A letter of support has been received from the Old Kilpatrick Community Council. The
full details are contained within the planning file and are available for public viewing.
However, the points raised can be summarised as follows:
• The Community Council are delighted to hear that the building is to be brought
back into use as a home.
• For some years it has been a blight on the canal and a regular target for vandals.
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• The proposal should be no different from other developments south of the canal,
in particular the Marine Technology Park and other proposed development at
Bowling.
• The Community Council want to restate their support for the proposal and hope
that it encourages further development in this historic part of the village.
The concerns raised shall be assessed in the Section 7 below.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
National Planning Policy 4
6.1 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.
6.2 Policy 7 relates to historic assets and places. As the site is adjacent to the Antonine
Wall, the Forth and Clyde Canal and the building is on the Buildings at Risk Register,
part h) relating to development proposals affecting scheduled monuments, part l)
development proposals affecting a World Heritage Site or its setting and part n)
development proposals which sensitively repair, enhance and bring historic buildings,
as identified as being at risk locally or on the national Buildings at Risk Register are all
applicable. Overall Policy 7’s intent is to protect and enhance the historic environment
assets and places and to enable positive change as a catalyst for the regeneration of
places. 
6.3 As the site has been previously developed, Policy 9 addressing brownfield, vacant and
derelict land applies. 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.
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. 
6.5 Policy 16 relates to quality homes. Part (f) states that development proposals for new
homes on land not allocated for housing in the Local Development Plan will only be
supported in limited circumstances where: the proposal is supported by an agreed
timescale for build-out; the proposal is otherwise consistent with the plan spatial
strategy and other relevant policies including local living and 20-minute
neighbourhoods; and the proposal is for smaller scale opportunities within an existing
settlement boundary. 
6.6 Green infrastructure is considered through Policy 20. Proposals that result in
fragmentation or net loss of existing green infrastructure will only be supported where
it can be demonstrated that the proposal would not result in or exacerbate a deficit in
green infrastructure provision, and the overall integrity of the network will be
maintained. 
6.7 Policy 22 - Flood risk and water management states that proposals will not increase
the risk of surface water flooding to others, or itself be at risk; manage all rain and
surface water through sustainable urban drainage systems (SUDS) and seek to
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minimise the area of impermeable surface. The application site is within an area at risk
of flooding and the proposal does not fall into any of the exemptions set out within the
Policy.
6.8 The proposed development is not supported by all policies of NPF4 and is assessed
fully in Section 7 below. 
West Dunbartonshire Adopted Local Plan 2010
6.9 Policy UR1 encourages the redevelopment and re-use of underused, vacant and/or
derelict land and buildings for appropriate uses such as housing. Policy RD1 give
preference to residential development on brownfield sites within the urban area rather
than on greenfield land. 
6.10 Policy H4 sets out standards expected of residential development, requiring high
quality design in the range of house types and sizes and in terms of form, layout and
materials. Policy GD1 seeks to ensure that all new development is of a high quality of
design and respects the character and amenity of the area. 
6.11 Under Policy R1 there is a presumption against development which adversely affects
the use, character or amenity of functional and valuable open space. Policy R2
specifies the open space provision required for all developments. Assessment of open
space requirements has been undertaken against the more updated “Our Green
Network” Planning Guidance (2015) in Section 7 below. Policy R4 relates to the Forth
and Clyde Canal and adjacent areas. Policy R4F states that wherever possible
development should be oriented towards and integrate with the canal, overlook the
canal to provide a supervised edge and provide direct access to the existing canal side
paths. Policy R5 protects Core Paths and Rights of Way and Policy GN1 promotes and
protects the Green Network including core paths. 
6.12  Policy E1 relates to the Council’s biodiversity duty and Policy E2B relates to National
Nature Conservation sites which includes the Inner Clyde Special Protection Area
(SPA). Development that affects such areas will only be permitted in certain
circumstances. Policy E5 requires new development proposals to consider impacts on
trees and incorporate suitable tree planting. 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. There is a general presumption against
development within the flood plain. The up-to-date development plan position in
flooding is set out within Policy 22 of NPF4 which therefore has primacy in this
instance. 
6.13  Policy BE3 relates to derelict/vacant buildings and notes that the Council will
encourage and support the renovation rather than demolition of derelict properties
which are not listed but are considered to contribute to the townscape character of the
surrounding area. Under Policy BE5 the council will resist any development proposal
that would have an adverse impact on or affect the setting of a scheduled monument
or upon other nationally or locally important archaeological sites. Policy BE6B outlines
that there will be a presumption against development within the Frontiers of the Roman
Empire (Antonine Wall) World Heritage Site buffer zones which would have an adverse
impact on the Site and its setting. 
6.14  The proposal generally complies with the policies of the adopted local plan although is
contrary to the precautionary approach in respect of flooding and is assessed fully in
Section 7 below. 
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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 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.
7.3 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.
7.4 Under policy FCC1 development alongside the Forth & Clyde Canal should enhance
this green network asset. Policy BE1 states that 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. Policy
AW1 relates to the Antonine wall and notes that development that would have an
adverse impact on the Antonine Wall or its setting will not be permitted. 
7.5 Policy GI1 relates to safeguarding open space and outdoor sports facilities and states
that development which would result in the loss of open space which is, or has the
potential to be, of quality and value will not be permitted unless provision of additional
open space of equal or enhanced quality and value is provided within the development
site or its vicinity. 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. Where a development has difficulty providing these standards on site, or where
a relaxation of the standards can be justified, developers will require to accord with
Policy GI4 and provide a contribution towards the types of projects outlined within the
policy and detailed in the Green Network and Green Infrastructure Supplementary
Guidance. GI4 sets out the requirements for Developer contributions.
7.6 Policies ENV1, ENV4, and ENV6 are all similar to the ecology and tree, 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. Policy ENV5 aims to protect and improves the quality and
enjoyment of the water environment. 
7.7 CON3 encourages improvements to core paths and the development of new core
paths and Policy CON4 sets out a need for all developments to install sufficient
broadband provisions. 
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7.8 It is considered that the application proposal being assessed generally complies with
the relevant policies above, although it is contrary to the precautionary approach in
respect of flooding as set out in the following assessment.
Creating Places Guidance and Green Network and Green Infrastructure Guidance
7.9 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. The proposal has been informed by a comprehensive pre-
application as encourage by the Guidance. This has resulted in a development
proposal that achieves a high-quality design that responds to the local context and
accords with the approach set out in the Guidance. 
7.10 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. The on-site provision follows
the Guidance in respect of residential development proposals. The open space also
integrates with the wider green network adjacent inclusive of pathway connections.
The proposal accords with the approach set out in the Guidance.
Principle of Development
7.11 The site is a brownfield site adjacent to a well-established residential area but is not
specifically identified in either the adopted Local Plan the proposed Local Development
Plan 2 (LDP2) as a residential development opportunity. Whilst not identified as a
development opportunity, the sustainable re-use of brownfield land is supported
through Policy 9 of NPF4. Policy 16 also supports that development proposals for new
homes on land not allocated for housing where they are supported by an agreed
timescale for build-out and that the proposal is for is for smaller scale opportunities
within an existing settlement boundary. Whilst identified as open space, the application
site is considered to be within the settlement boundary of Old Kilpatrick. A timescale
for the build-out can be addressed via condition. 
7.12 The proposal to redevelop underused and vacant land is also supported by Policy UR1
of the Local Plan together with Policy RD1 which sets out a preference for residential
development on brownfield sites. 
7.13 In addition, Policy 16 supports development proposals which sensitively repair,
enhance and bring historic buildings, as identified as being at risk locally or on the
national Buildings at Risk Register, back into beneficial use. The building has been on
the register since September of 2021 and is classed as being in the “moderate”
category of risk.
7.14 As such, the principle of the development of the site for new housing is supported on
this site and it rests to consider whether there are any material planning considerations
or site constraints which suggest that the proposal would not be acceptable.
Site Layout, Design and Appearance
7.15 New developments require to be well designed, take cognisance of the setting into
which they are introduced and provide a high-quality appearance. Whilst the use of a
dwellinghouse has ceased on site, the ruins of the building have remained on site. As
such, a building in this location is well established. The proposal sets out to reinstate
what would have been previously in place in terms of the porch on the front of the
cottage. The existence of the porch can be seen within the historic photos submitted
as part of the supporting statement. As such the front of the proposal, which is onto
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the tow path is designed to reflect what was once in existence. The newer elements of
the proposal, including the dormer windows, extension and raised terrace are all
located to the rear. They are proportionate to the existing cottage and well designed in
relation to the building. 
7.16  The current curtilage of the Ferrydykes Cottage is small in size. With the desire for this
property to be a family home the applicant has sought to extend this in order to provide
a larger garden for the property. The sale of the adjacent land has been agreed by the
Infrastructure, Regeneration and Economic Development Committee on 17th August
2022.
7.17 Turning to the proposed materials, the new house will be finished externally in white
render and a slate roof. The use of such materials would provide a high-quality visual
appearance and be a positive addition to the wider development. Historic photos also
indicate that the building previously was finished in a light-coloured render.
7.18 Overall, it is considered that the proposal will create a well-designed development
which will address the six qualities of successful places by having a distinctive identity,
form safe streets and use high quality materials, all complying with policies GD1, DS1
and CP1 of the adopted and proposed Plans alongside the Residential Development
Design Guidance.
Trees, landscaping and open space
7.19 A variety of trees exist within the site. Whilst these are not protected by a Tree
Preservation Order and many will have self-seeded, they are within designated open
space. Whilst it is accepted that some trees will be required to be removed to
accommodate the development, no details have been provided showing trees, trees
retained or mitigation for safeguarding trees to be retained through the construction
phase. Any granting of permission should include a condition which would require
further information to be submitted in order to minimise the tree loss as part of the
development. In addition, no landscaping plans have been provided. However a pond
has been included within the plans and noted within the supporting statement.
Landscaping details can be addressed by condition if required. 
7.20 As noted, the ground in which the site sits, as well as the ground into which the garden
is to be extended into is designated as open space within both the adopted and
proposed plans. Policy GI1 of LDP2 states that development which would result in the
loss of open space which is, or has the potential to be, of quality and value will not be
permitted unless provision of additional open space of equal or enhanced quality and
value is provided within the development site or its vicinity. Through previous
correspondence as part of the sale of the land, it has been stated that this particular
part of the open space is not of particular quality or value. As such the garden grounds
extending into this area is acceptable. 
7.21 Policy R2 of the adopted Local Plan advises on open space standards for new
development with Policies GI2 and GI4 of proposed LDP2 providing the up-to-date
position. Any development of new dwellings, even if small scale will be expected to
provide a contribution towards the cost of providing or improving green infrastructure
in the area. Policy GI4 of proposed LDP2 advises that developer contributions will
apply in a number of circumstances including smaller sites of less than 10 units where
provision of green infrastructure is not possible. Further details are set out in the
Council’s Green Network and Green Infrastructure Planning Guidance 2022. In the
event the proposal was otherwise acceptable, a contribution to open space would be
expected. 
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Parking
7.22 Due to its location the site does not have access for parking to be associated with the
proposed dwellinghouse within the red line boundary. The Roads Service provided a
consultation which requested off street parking to be provided. The agent and applicant
have secured the possibility of a lease from the Council for a site on Portpatrick Road
which would allow for one car parking space to be provided. The Roads Service have
confirmed that this would be an acceptable approach. A condition is recommended for
any granting of permission to ensure that for as long as the dwellinghouse is occupied,
off street parking is provided on Portpatrick Road. Given the applicant does not, at the
time of writing, own the land where parking could potentially be provided, this
requirement could not be addressed by condition. However, a legal agreement
involving all parties could potentially be used in the event that planning permission was
to be granted. 
Ecology
7.23 The proposed site is within 40m of the Inner Clyde Special Protection Area (SPA)
boundary. As such NatureScot were consulted. NatureScot have no objections to the
proposal subject to a condition being added to any granting of permission which
ensures that appropriate mitigation is put in place in order to protect the overwintering
birds within the SPA. This would mean that either the works required would either need
to be undertaken within a specific timeframe or a noise barrier would have to be used.
The Council’s Biodiversity Officer has also commented that time constraints for works
would be required for breeding birds also.
7.24 The preliminary ecological appraisal does not highlight any protected species of
concern. Whilst the area may support foraging bats, no further surveys are required.
Recommendations are contained within the preliminary ecological appraisal including
making contractors aware of best practice and root protection areas for trees. This
could be addressed by condition. 
Historic Environment
7.25 Whilst the building is not listed, it does sit adjacent to the Forth and Clyde Canal which
is a scheduled monument and also within close proximity to the course of the Antonine
Wall and an associated fort. As such Historic Environment Scotland were consulted.
Historic Environment Scotland support the proposal to repair, consolidate and covert
the building in order to ensure it long-term survival and it’s historical interest in relation
to the use and function of the canal. In addition, Historic Environment Scotland
considered that the development would not have an adverse impact upon the settling
of the Antonine Wall which is a world heritage site. Scottish Canals also support the
appropriate reuse and development of the property and associate regeneration of the
surrounding site. Scottish Canals recommended that any granting of permission
should condition third party works approval. 
7.26 Overall it is considered that the proposal is in accordance with the policies relating to
the historic environment, the Forth and Clyde Canal and the Antonine Wall that are
contained within NPF4, the adopted Local Development Plan and the proposed Local
Development Plan 2. 
Residential Amenity
7.27 It has been some time since the proposed site has been utilised as a residential site.
However, due to its location on the opposite side of the road and canal from any nearby
residential properties, as well as the scale and massing being retained from the original
building it is considered that the proposal will not have an adverse impact upon
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residential amenity. It has been stated within the supporting statement that the site has
become an area which is associated with anti-social behaviour. Bringing Ferrydykes
Cottage back into use would have a positive impact upon this with natural surveillance
created by an inhabited dwellinghouse. This would have a positive impact upon the
area. 
Flooding and drainage
7.28 With respect to flooding and drainage, SEPA were consulted on the application. SEPA
requested further details to be submitted and the Council’s Roads Service requested
a Flood Risk Assessment. The agent for the application provided the details requested.
Following a reconsultation, the Council’s Road’s Service offered no further objection. .
SEPA have, however, stated that the proposed development is expected to put people
or property at risk of flooding and as such object in principle to the proposal. 
7.29 Policy 22 of NPF4 sets out to strengthen resilience to flood risk by promoting avoidance
as a first principle and reducing the vulnerability of existing and future development to
flooding. Development proposals at risk of flooding or in a flood risk area will only be
supported in certain circumstances. These include for essential infrastructure, for
water compatible uses, for development of an existing building or site for an equal or
less vulnerable use; or for 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. The development does not fit into the
definitions of essential infrastructure of a water compatible use as defined within NPF4.
In addition, whilst there is general support for the development of previously used site
and derelict sites, the site itself is not identified within the adopted Local Plan or
proposed LDP2 as one to be brought into positive use. 
7.30 It therefore rests to consider whether the proposal would result in the development of
an existing building or site for an equal or less vulnerable use (as defined by SEPA
guidance). Whilst the site has been previously used as a dwellinghouse, the building
has fallen into disrepair and is no longer capable of being occupied as a dwellinghouse
in its current form. In considering whether this results in the use being abandoned, the
current condition of the building is as a result of a fire. Little remains of the interior, and
the majority of the roof is missing, exposing the building to the elements. Vegetation is
growing in various places within the building’s interior and has penetrated the
stonework. Given the condition, the works to the building go beyond repair and
reinstatement, they would constitute a rebuilding of the structure and the current
physical condition would give the impression that the use had been abandoned. There
has been no occupation of the building since two fires which are understood to have
occurred soon after the applicant purchased the property in 2006. There is no evidence
of any substantive repairs or works to prevent the buildings further deterioration. No
planning application was submitted to reinstate the fire damaged property immediately
following the fires. Given the above, it can be reasonably concluded that the use of the
building as a dwellinghouse has been abandoned and the proposal would amount to
a new dwellinghouse. The use as a dwellinghouse is therefore more vulnerable that its
current state as a ruin. Whilst mitigation measures have been provided as part of the
development, Policy 22 does not give allowances for such mitigation. As such it is
considered that the proposal is contrary to Policy 22 of NPF4. 
7.31 It is acknowledged that policies in NPF4 requires to be read and applied as a whole
and that conflicts between policies are normal and to be expected. On whether the
conflict with Policy 22 could, on balance, be accepted, the assessment is guided by
the consultation response from SEPA. SEPA are clear that to show the development
is not at risk of flooding, the footprint of the building would need to be set at least 5.29m
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above ordnance datum (AOD) and the finished floor levels require to be set
5.89mAOD. Setting the finished floor levels at 4.95mAOD would result in the proposed
development being at risk of flooding, Information provided, along with the River Clyde
Model, indicates that the property could be surrounded by flood water to a depth of
0.34m. SEPA advise this would be a dangerous situation which would put the people
who occupy it at risk. As the proposal does not meet an exemption set out within Policy
22 of NPF4, SEPA advise that flood mitigation measures are not a suitable option to
allow development to progress. SEPA further highlight concerns regarding same
access and egress to the site during a flood event. Furthermore, SEPA also highlight
that the expanded footprint of the proposed development, in comparison to the current
one, may affect floodplain capacity and increase flood risk for others. Accordingly,
SEPA object in principle to the proposal.
7.32 The proposal would result in the re-development of a derelict building adjacent to the
Canal with an appropriate design and appearance, and this would bring a variety of
benefits. Notwithstanding this, the flood risk concerns set out in the objection by SEPA
in their objection are clear and it is not considered that these, and the failure for the
proposal to comply with the requirements of Policy 22 of NPF4, can be outweighed by
the benefits resulting from the development.
Representations
7.33 One letter of support was received from the Community Council which states their
support for the development with the hope that it encourages further development in
this historic part of the village. The Community Council further confirm that the property
has been a target for vandals in recent years. Questions have been raised as to why
the possibility of flooding has affected this proposal but not other developments south
of the canal. It should however be noted that a dwellinghouse is considered to be a
“highly vulnerable use” by SEPA in contrast to the Marine Technology Park which is a
less vulnerable non-residential use and also considered to be a water compatible use
in terms of the exemptions set out within Policy 22 of NPF4.
Pre-application Consultation
7.34 A pre-application enquiry was submitted under reference PREAPP22/071 in which
advice was given relating to the site and requirements which would need to be
demonstrated as part of any planning application. No advice was given in relation to
the policies contained within NPF4 as this was not adopted until February of 2023. 
8 CONCLUSION
8.1 It is accepted that the proposal would bring back into use a vacant and derelict building
which is also on the Buildings at Risk Register. Whilst the building itself is not listed, it
has historical context with being the bridge keeper’s cottage, adjacent to the scheduled
monument that is the Forth and Clyde Canal. It has been suggested through the
supporting documents that the area has been problematic for anti-social behaviour and
that the bringing back into use of the cottage would create natural surveillance to
discourage this. The proposed materials proposed are of high quality and the design
is appropriate to the building and its surroundings. 
8.2 However, the application site sits within an area which is at risk of flooding. As such
Policy 22 of NPF4 applies. This policy only supports development within such areas in
certain circumstances, none of which apply to this site as the previous use as a
dwellinghouse has been abandoned. Through consultation, SEPA have objected in
principle to the proposal stating that the proposed development is expected to put
people or property at risk of flooding, which is contrary to the duties set out under the
Flood Risk Management (Scotland) Act 2009, and the policy principles of National
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Planning Framework 4. This concern is not outweighed by the potential benefits of the
development. The application proposal is therefore contrary to Policy 22 of NPF4.
9. REASONS FOR REFUSAL
1. The site sits within an area which is at risk of flooding and the proposal is not for
essential infrastructure, is not a water compatible use, does not involve the
redevelopment of an existing use building or site for an equal or less vulnerable
use due to the any previous use of a dwellinghouse having been abandoned and
is not a site for the redevelopment of previously used sites in built up areas where
the Local Development Plan 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. The proposal would place
people and property at risk of flooding and as such the proposal is not in
accordance with Policy 22 of NPF4.
Alan Douglas
Chief Officer – Regulatory and Regeneration
Date: 7th August 2024 
Person to Contact: James McColl, Development Management Team Leader
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
Supplementary Guidance (2022)
Wards affected: Ward 6 (Clydebank Waterfront)
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¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 23/07/2024.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:1,250@A423/07/2024
DC22/245/FUL - Committee MapWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
ITEM 6c - APPENDIX 1
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 7th August 2024
DC23/217/FUL: Erection of a class 1A retail foodstore with associated access,
car parking, landscaping and associated works on land
adjacent to the south of Castle Street, Dumbarton by Aldi
Stores Ltd. 
1. REASON FOR REPORT
1.1 The application is subject to an objection from a statutory consultee. Under the
terms of the approved Scheme of Delegation, it therefore requires to be
determined by the Planning Committee.
2. RECOMMENDATION
2.1 That the Committee indicate that it is Minded to Grant planning permission
subject to the conditions set out in Section 9 and delegate authority to the Chief
Officer – Regulatory and Regeneration to issue the decision following the
satisfactory conclusion of the referral of the planning application to the Scottish
Ministers. 
3. DEVELOPMENT DETAILS
3.1 This application relates to a part of the former Allied Distillers site on the south
side of Castle Street, Dumbarton. The site has been previously cleared of all
buildings and consists of hardcore surface. It extends to approximately 0.75ha. 
It is bounded by a terrace of tenement properties in Castle Terrace to the north,
the A-listed building of the Scottish Maritime Museum to the east (with the
Morrisons supermarket petrol station and its car park beyond that neighbouring
building) and the remainder of the former Allied Distillers site to the west and
south-west, which currently houses a Lidl store with the associated car park. To
the south-west of the site, the tidal basin and a residential development site can
be found. Vehicular access to the site is from Castle Street and is shared with
the adjacent retail store.
3.2 The site lies within Dumbarton Town Centre as defined by the adopted Local
Plan and proposed Local Development Plan 2. The surrounding area comprises
a mix of uses, including retail, commercial, community and residential uses and
vacant land. The Town Centre itself, which comprises a mix of retail,
commercial and community uses, extends outwards from the site to the north-
west, west and south.  
3.3 The site was previously a part of a larger site which was subject to a planning
application DC17/230 for the erection of retail development comprising seven
ITEM 6d
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retail units including a food store, with associated infrastructure works including
a new access, car parking and landscaping. This was granted by the Planning
Committee in May 2018. The eastern part of the previous site where the two of
the retail units with the associated parking were to be located is the site subject
to the current application. Following the approval of the previous application,
only one of the approved retail units has been constructed and occupied (Lidl)
in the western half of the previous site, with the eastern part remaining
undeveloped. On account of the previously granted proposal being partly
implemented, planning permission DC17/230 remains extant and the
development could be completed.
3.4 Permission is sought for an alternative retail development to that currently
consented. The proposal would have a gross floor area (GFA) of approximately
1,931m², of which 1,344m² would be retail space. The structure would form a
foodstore (Use Class 1A), with the prospective occupier indicated to be Aldi.
The unit would consist of a detached supermarket and would be located at the
eastern part of the site near the boundary located against the western elevation
of the museum. 
3.5 The proposed building would have a shallow monopitch roof, reaching 6.27m
in height at its highest point. The structure would be single storey. Externally,
the building would be a variant of the common Aldi store (the prospective
occupiers) design which can be found throughout the country. This includes a
glazed elevation to the north of the building, with the main glazed entrance
located in the north-western corner. High level windows will form a large part of
the north elevation. The building would be finished in powder coated aluminium
cladding in grey colour. As described above, service access would be to the
rear (south) of the building, accessed from the adjacent proposed car park.
3.6 The northern part of the site would provide the main vehicular access, with a
secondary access to the west of the car park. The car park will comprise 87
spaces. The spaces would include six no. disabled spaces, two of which would
feature electric vehicle (EV) chargers, two standard spaces with EV chargers,
eight parent and child spaces, and two click and collect spaces. Five cycle
hoops will provide parking for 10 bicycles. A footpath between the existing
carriageway at the Lidl car park with associated zebra crossings to facilitate
pedestrian movement through the car park and to the main door of the store
would also be created. The southernmost part of the site would also provide
access to the loading bay, to be located against the southern elevation of the
proposed store. Service vehicles will access via the car park.
3.7 Landscaping within the development would comprise of a low-level selective
and mixed shrub planting and trees. The key element would be the planting
located at the northern entrance to the car park, opposite of a three-car parking
bay near the north-western corner of the site. It would consist of three no.
Whitebeam (Sorbus aria) trees and a mix of shrubs. The northern perimeter of
the site would also benefit from tree planting, in the form of seven trees,
comprising four Mountain Ash (Sorbus aucuparia), two no. Birch (Betula
pendula) and one no. Whitebeam (Sorbus aria). These would be accompanied
by a selection of shrubs. A further two no. trees of the Whitebeam variety would
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be planted along the eastern perimeter of the site at the northernmost parking
bays; the remainder of the curtilage would be planted with a wildflower meadow,
to consist of annual and perennial varieties of flowers, with robust grasses. In
terms of landscaping of the southern perimeter, the area between the eastern
boundary and the loading bay would be planted with a mix of shrubs. The
remaining narrow strip along the southern boundary would be covered in
chipping mulch, with further shrubs planted along it. The western boundary of
the site would be planted with six no. of trees (three each of Mountain Ash and
Birch), as well as a selection of shrubs. Additional shrubs would be planted on
the traffic islands near the proposed zebra crossings within the car park. 
3.8 While the application indicates that there would be signage on the northern and
eastern elevations, as well as a post sign on the grass verge near the corner of
Castle Street and Castle Terrace, this will require to be assessed under a
separate application for Advertisement Consent.   
3.9  The application is accompanied by a Planning Statement, Economic Impact
Statement, Design and Access Statement, Transport Statement, Flood Risk
and Drainage Assessment, Phase 1 Geo-Environmental Assessment, Report
of Consultation, Preliminary Ecological Appraisal, Energy Statement and Noise
Assessment, which address various technical issues.
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service have no objection to the proposal
in respect of roads and parking. 
4.2 West Dunbartonshire Council Roads Service (Flooding) have no objection to
the proposal in respect of with flooding matters.
4.3. West Dunbartonshire Council Environmental Health Service have no objection,
subject to conditions on construction and operating hours.
4.4 West Dunbartonshire Council Biodiversity Officer has no objection subject to
relevant conditions relating to landscaping and biodiversity enhancement. 
4.5 Glasgow Airport have no objection subject to condition on provision of Bird
Hazard Management Plan for the approval of the Planning Authority in
consultation with Glasgow Airport and an advisory note on crane operation
during the period of construction.
4.6 Historic Environment Scotland have no comment to make on this proposal.
4.7 Nature Scotland have no comment to make on this application as the
development proposal is not within 150 metres of the Inner Clyde Special
Protection Area.  
4.8 Scottish Environmental Protection Agency object in principle to the application
and recommend that planning permission should be refused. This is because
the proposed development is expected to put people or property at risk of
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flooding, which is contrary to the duties se out under the Flood Risk
Management (Scotland) Act 2009, and the policy principles of National
Planning Framework 4. 
4.9 West of Scotland Archaeological Service have no objection to the proposal on
the grounds of the site having been significantly disturbed in the modern period
and due to the previous proposals for it receiving no objection or request for
archaeology-related conditions from this consultee.
5. REPRESENTATIONS
5.1 59 representations have been received in connection with the proposal. Five of
these are in objection and 54 are in support. The full details are contained within
the planning file and are available for public viewing. However, the points raised
can be summarised as follows:
In objection:
• Objections on the basis of overprovision of supermarkets in the area and
oversaturation of this use in this part of Dumbarton
• Objection due to the potential impact of the development on the High Street
shops and the adjacent established supermarkets and the retail park
• Question over accessibility to the site.
In support:
• General support and enthusiasm for the proposal
• Appropriate location for this type of development
• Bringing back into use a previously disused site
• Support due to the proposed Aldi store likely adding to the variety of the
retail offering and amenities in Dumbarton, and overall likely positive impact
on the town and the area due to increased footfall and improved amenity
• Support due to improving competition in the retail offering and providing
affordable shopping opportunities in the area, also in the context of the
current economic landscape and the cost of living and the supporters’
requirement for low-cost shops
• Support due to the resulting new employment opportunities
• Support on the basis of the existing transport infrastructure being capable
of carrying additional traffic and the nearby existing public transport links
Support for the proposed design of the development
• Support due to close proximity of the proposal to the supporter’s place of
residence
• Local branch of Aldi in Dumbarton will spare local residents having to travel
to the nearest alternative branch of this chain in Vale of Leven (including
public transport users), thus limiting the environmental impact from these
journeys
The matters raised above are considered and addressed in Section 7 below.
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6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
National Planning Policy 4
6.1 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.
6.2 Policy 3 seeks to protect biodiversity and deliver positive effects from
development, requiring that local development includes appropriate measures
to conserve, restore and enhance biodiversity. It is noted that measures should
be proportionate to the nature and scale of development.
6.3 Policy 6 aims to protect and expand forests, woodland and trees. It advises that
proposals will not be supported where they result in the loss of ancient
woodlands, ancient and veteran trees, or individual trees of high biodiversity
value. Where woodland is removed, compensatory planting is expected to be
delivered.
6.4 Policy 7 aims to protect and enhance historic environment assets and places,
with proposals affecting scheduled monuments only supported where direct
impacts on the integrity and setting of scheduled monuments are avoided or
exceptional circumstances have been demonstrated to justify the impacts on
the monument and any impacts have been minimised.
6.5 Policy 12 relates to waste and advises that development proposals will set out
how much waste the proposal is expected to generate and how it will be
managed.
6.6 Policy 13 supports proposals where they provide direct, easy, segregated and
safe links to local facilities via walking, wheeling and cycling networks and are
accessible by public transport.
6.7 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, with
development proposals required to contribute to both, where relevant, through
local access to a wide range of facilities and activities, including lifelong learning
and recreation facilities
6.8 Under part (f) of Policy 19, proposals for buildings that will be occupied by
people will be supported where they are designed to promote sustainable
temperature management, for example by prioritising natural or passive
solutions such as siting, orientation, and materials.
6.9 Green infrastructure is considered through Policy 20. Proposals that result in
fragmentation or net loss of existing green infrastructure will only be supported
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where it can be demonstrated that this would not result in or exacerbate a deficit
in green infrastructure provision, and the overall integrity of the network will be
maintained. 
6.10 Policy 21 seeks to promote and facilitate spaces and opportunities for play,
recreation and sport. It advises that development proposals likely to be
occupied or used by children and young people will be supported where they
incorporate well designed, good quality provision for play, recreation, and
relaxation that is proportionate to the scale and nature of the development and
existing provision in the area.
6.11 Policy 22 addresses flood risk and water management, stating 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 minimise the area of impermeable surface. The application
site is within an area at risk of flooding. However, notwithstanding the objection
from SEPA, the proposal the proposal is considered to fall within at least one of
the exemptions set out within the Policy.
6.12 Policy 23 aims to safeguard people from environmental harm and promote and
facilitate development that improves health and wellbeing. Development
proposals that will have positive effects on health will be supported. Policy 24
supports proposals that incorporate appropriate, universal, and future-proofed
digital infrastructure.
6.13 Policy 27 seeks to promote and facilitate development in our city and town
centres, advising that proposals that enhance and improve the vitality and
viability of city, town and local centres, including proposals that increase the mix
of uses, will be supported.
6.14 The proposed development is supported overall by NPF4 although there is
some conflict with Policy 22. This is assessed fully in Section 7 below.
West Dunbartonshire Adopted Local Plan 2010  
6.15 The site is located within Dumbarton Town Centre, which is identified under
Policy RP1 as a regeneration priority area where the Council will support the
redevelopment of underused or vacant land in order that development
opportunities that continue the process of urban renewal are brought forward.
Policy GD1 seeks to ensure that all new development is of a high quality of
design and respects the character and amenity of the area in which it is located.
Policy GD2 supports redevelopment opportunities and specifically identifies this
site as suitable for a mixed use development comprising retail, residential and
public services. 
6.16 Policy RET1 requires the adoption of a sequential approach to site selection for
new retail development. The application site is located within a defined town
centre, which is the first preference for new retail developments. Policy RET2
requires proposals for any significant retail developments within the town centre
to be assessed against certain criteria, including: whether the proposal is
supported by the relevant catchment area; impact on the vitality and viability of
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existing centres; accessibility by public transport; impact on the surrounding
environment; quality of design; whether there are any significant infrastructural
implications; and the contribution the development would make to remedying
any quantitative or qualitative deficiencies in the existing retail provision. Policy
RET5 seeks to improve the environment of Dumbarton Town Centre and
requires that any development at Dumbarton Waterfront take due cognisance
of any relevant design guides for this area.
6.17 Policies F1, F2 and F3 relate to flooding and drainage and aim to ensure that
new development is not at risk of flooding, does not increase the risk of flooding
elsewhere and has suitable drainage infrastructure which includes SUDS
measures. There is a general presumption against development within the flood
plain. The up-to-date development plan position in flooding is set out within
Policy 22 of NPF4 which therefore has primacy in this instance. Policy BE2
relates to listed buildings and seeks to prevent any development which would
detract from the appearance, setting or character of a listed building. 
6.18 Policy T1 and T4 require sites to be integrated with sustainable travel. Policy
E1 relates to the Council’s Biodiversity duty and Policy E5 requires new
development proposals to consider impacts on trees and incorporate suitable
tree planting.
6.19 Policy H4 safeguards residential amenity and Policy ENV8 relates to noise
pollution. As outlined above possible noise nuisance will dealt with by condition.
6.20 The application is assessed against the criteria of the above policies in Section
7 below. A retail development would comply with a number of these policies. 
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 application site forms part of the Dumbarton Town Centre and Waterfront
‘Changing Place’ and is specifically identified as suitable for a mixed-use
development including retail and residential elements. The preferred strategy is
for retail and commercial uses at ground floor level along Castle Street in order
to provide an active street frontage and improve links between High Street and
St James Retail Park.  It also emphasises that throughout the development site,
green space creation will be an important consideration, as is the provision of
public access along the entire waterfront. The route of the proposed Lomond
Canal should also be protected from incompatible development.  
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7.3 Policy CP1 seeks to ensure that development is of a high quality, adaptable
and designed to be suitable for a mix of occupants. It indicates 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. 
7.4 Policy SC1 supports proposals for retail development in the network of centres
which accord with the strategy, role and functions of centres. Town centres are
the preferred location for all retail proposals. The proposed development
complies with the requirements of Policy SC1. 
7.5 The adjacent River Leven is a Local Nature Conservation Site, and Policy GN3
does not support development which would adversely affect the integrity of sites
designated for nature conservation or harms protected species. The proposal
complies with Policy GN3.  Policy GN6 seeks to protect and improve the quality
and enjoyment of the water environment whilst Policy GN8 expects
developments to enhance active travel connectivity within the green network,
particularly where this would create routes to and along waterways. The
proposed development is considered to comply with these policies and this is
discussed below.
7.6 Policy BE2 relates to listed buildings and aims to prevent any development
occurring which would detract from the special interest, setting or detrimentally
affect the character of a listed building. The proposed development is not
considered to be contrary to the Policy BE2. 
7.7 Policy SC1 advises that proposals for retail, commercial and leisure investment,
and other key Town Centre uses, should align with the sequential approach
and the preferred uses set out in Table 5. Developments are directed
sequentially to Town Centres in the first instance. 
7.8 Policies ENV1, ENV4, ENV 5 and ENV6 are all similar to the ecology, tree,
water environment and flooding policies of the adopted Local Plan. The up-to-
date development plan position in flooding is set out within Policy 22 of NPF4
which therefore has primacy in this instance. Policy ENV8 requires
developments to address air quality, lighting and noise as part of the planning
process. 
7.9 Policy RE4 encourages micro-generation and heat recovery technologies within
or associated with individual properties, with Policy RE5 advising that new
buildings are required, as far as possible, to integrate low and/or zero carbon
generating technologies.  
7.10 A retail development would comply with a number of these policies and is
assessed fully below.
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Dumbarton Town Centre and Waterfront Revised Urban Strategy (2014) 
7.11 The importance of Dumbarton Waterfront in terms of regeneration and urban
design requirements is reflected by the existence of guidance encouraging high
standards of urban design. The revised urban strategy was prepared to
consolidate and update earlier design guidance and regeneration masterplans
for different parts of the town centre and waterfront. For the Castle Street and
the waterfront area, the Council expects development to successfully integrate
with the surrounding town centre and neighbouring waterfront areas in terms of
connections, scale of development, high quality public realm and the creation
of views towards Dumbarton Castle/Rock framed by new streets. 
7.12 Due to the proximity of the town centre, any new development should have a
traditionally urban street form. The strategy envisages mixed use development,
including residential and compatible town centre uses such as food and drink
use on the waterfront. The proposal raises no additional matters in relation to
this guidance beyond the extant permission for a retail development on the site.
Creating Places Planning Guidance and Green Network and Green
Infrastructure Planning Guidance
7.13 The Creating Places 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. The Green Network and Green Infrastructure
Guidance - November 2022 seeks to ensure that the proposal 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. Following a full assessment, it is concluded that the proposal
presents no conflict with the aims of the guidance. 
Principle of Development
7.14 The development of the site for retail purposes is supported by the land use
policies in both the adopted and proposed Plans. In particular, having a major
convenience store operator located within Dumbarton town centre is to be
welcomed, as it would offer wider retail choice as well as bringing with it
employment opportunities and economic benefits to the area. Retail
development within existing town centres is supported by both national and
local planning policy. Through the granting of planning application DC17/230,
the principle of a retail development on the site has been established. As this
planning permission remains extant, the currently consented proposal could be
taken forward on site. It therefore rests to consider whether there are any
material planning considerations or site constraints which suggest that the
revised retail development proposal for the site would not be acceptable. 
Impact on Town Centres and Retail
7.15 The extant planning permission for the site would allow the construction of two
retail units with a combined gross floor area of 2,011 square metres. The
proposed development has a gross floor area of 1,931 square metres.
Therefore, the revised proposal for the site does not increase the gross retail
floor area provided by the development and this will have no additional impact
on the existing town centre beyond the consented position.  It is not considered
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that the proposal would change the role or nature of Dumbarton within the
network of retail centres, and the proposal would not have any significant impact
upon any other town centre. Whilst it remains that the prospective occupier of
the proposed retail unit could occupy the consented floorspace as a single retail
unit, discount foodstores primarily serve local markets and have a relatively
limited catchment area. It is also noted that the existing brand recognition and
customer loyalty, both of which are clearly indicated in the multiple
representations received in response to this application, already encourage
local residents to travel outwith the Dumbarton area to access their nearest
established Aldi stores. The development is therefore likely to discourage this
trend and transfer that footfall back to the town centre of Dumbarton. As the site
is sequentially preferable to the St James Retail Park (which is classified as an
edge-of-centre Commercial Centre), it is not necessary to consider the impact
of the proposal upon the retail park. 
Economic benefit
7.16 Any development of this nature will result in employment creation and will,
overall, contribute to the local economy. In developing this site, the applicant
indicates that 35 no. full time equivalent (FTE) jobs. Moreover, the Economic
Impact Statement submitted with this application suggests that 3.5 no. indirect
jobs will be created. Furthermore, six no. further FTE jobs in the construction of
the proposed store would be generated by the project. The applicant also
indicates that the proposal will help contribute a Gross Value Added (GVA) of
over £1,150,000 to the economy, with estimated about £110,000 in business
rates per annum to the Council. The development is also considered to have a
positive benefit to the vitality of the town centre by bringing more people into
the area and increasing activity. Whilst in the area, visitors to the proposed
foodstore may also visit other shops and services within the town centre and
the adjacent retail park. Overall, the development will result in significant
investment in Dumbarton Town Centre with the potential to act as one of the
catalysts for the wider regeneration ambitions of the town centre.
Site Layout, Design and Appearance
7.17 New development requires to be well designed, take cognisance of the setting
into which it is introduced and provide high quality, well designed buildings,
whilst recognising the impact on existing neighbouring properties. The site is
located at an important gateway into Dumbarton Town Centre, being
prominently positioned near Castle Street which was realigned in the recent
past to enable redevelopment of this part of town. The site is also situated on
Dumbarton waterfront, at the head of the old tidal basin in the River Leven and
at one of relatively few places on the main routes through the town from which
there are unobstructed views towards the river and Dumbarton Castle. The site
is also at the centre of a pedestrian and cycle route along the waterfront, linking
the castle and new residential areas with the town centre. Its development is
also set against Castle Street, which is the main pedestrian route linking the
High Street with St James Retail Park. The site is also adjacent to the A-listed
Denny Maritime Museum, with several other A-and B-listed buildings nearby.
Although not listed, the tidal basin is of significant historic interest. The site is
also opposite the recently constructed Council office at 16 Church Street, which
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reuses the A-listed façade and has incorporated a new build of quality in terms
of design and materials.
7.18 The 1,931m2 store unit footprint is appropriate relative to the 0.75ha (or
7,500m2) site size, with the single storey scale and linear form mirroring the
established Lidl store at the adjacent site and aligning with and complimenting
the adjacent waterfront path. The building would have a contemporary and
attractive appearance, with the use of floor to ceiling windows/door at the
elevation corner most prominent when entering the site through the northern
entrance to the car park. The proposed design and finish of the structure is
monochromatic, avoiding brash or excessive use of colours and features and
is therefore likely to subdue to the surroundings of the historic Castle Terrace
and the panorama of the river and Dumbarton Rock in the background when
viewing the site from Castle Street. Moreover, the visual impact of the unit and
its massing will be softened thanks to the trees to be planted along the
perimeters of the site, as well as the screening afforded by the tenement terrace
north of the site and the historic museum building located immediately to the
east. 
7.19 It is noted that the application does not include information on the provision of
low and/or zero carbon generating technologies, as required by Policy RE5.
This matter can, however, be addressed through condition.
7.20 Overall, it is considered that the proposal would create a well-designed
development that addresses the six qualities of successful places by having a
distinctive identity, using high quality materials and being well connected and
sustainable. The proposed building would be lower, have a less bulky
appearance and also a more attractive glazed frontage than the retail units
currently consented on this site. As such, it complies with Policy 15 of the NPF4
and policies GD1, DS1 and CP1 of the adopted and proposed Plans, alongside
the Creating Places Guidance (2022).
Residential Amenity
7.21 The layout and scale of development proposed relative to the proximity of
existing housing raises no concerns with respect to privacy, overshadowing or
overbearing effects. While the development will undoubtedly bring additional
activity to the area, it is unlikely to result in any noise or activity beyond that
typically found in a Town Centre during the day, nor is it expected that any
disturbance would occur beyond that which would occur should the consented
units be constructed on site. Whilst planning permission DC17/230 did not
restrict delivery hours, the position of the delivery bay relative to the residential
development allocation of the adjacent site within proposed Local Development
Plan 2 is acknowledged. In order to prevent conflict with future residential
development and disturbance to residents during the nighttime hours of 11pm
to 7am, a condition should be attached which prevents deliveries occurring
during this time and these details will be considered in conjunction with the
requirement for a delivery management plan. 
7.22  It is accepted that the construction phase will produce an element of short-term
noise and disruption, the consultation response from the Council’s
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Environmental Health Service highlights the requirement for the construction of
the development to be undertaken in a way that ensures that adjacent
residential amenity is not adversely affected, which can be secured through
condition.
Trees, Open Space and Landscaping 
7.23 It is noted that the proposal relates to a cleared site and there are no trees to
be removed. The proposed landscaping plan introduces tree planting,
ornamental shrub planting and species rich wildflower grass mix and the
Council’s Biodiversity Officer who advises that this approach will benefit wildlife.
The inclusion of a wildflower grass mix within the site is welcomed, but will be
required to have management carried out on it. A minimum of one cut and lift
per year in September is recommended, with an additional cut towards the end
of March which would also be beneficial. The arisings should be removed from
site. It is noted that topsoil has been recommended in the planting schedule.
The responding officer would recommend this for the formal ornamental
planting areas. However, the wildflower mix will do much better on a bed of
nutrient poor soil and subsoil is recommended for native wildflower mixes. The
proposed soft landscaping enhances the that proposed via the current planning
permission in place and will provide two-fold improvements of increased
biodiversity to the site but also the softening of the appearance of the site. It will
also add interest to this town centre site. The final detail and management can
be addressed by condition. 
Traffic, parking and road safety
7.24 The proposal raises no concerns with respect to traffic generation and road
safety due to the scale and nature of the development and the excellent public
transport and active travel connections associated with a Town Centre location.
Dedicated parking is proposed, and it will include disabled parking, family
parking, EV charging (with provisions for future expansion of this facility) and
dedicated parking bays for Click & Collect shoppers. It is considered that the
proposed number of spaces is adequate within this Town Centre location. It is
also noted that the consultation response from the Roads service raised no
objection in relation to these issues.   
Transport and Connectivity
7.25 With the site being located in the Town Centre, it is accessible to a wide range
of local services and within a five-minute walk of frequent public transport
services to centres across West Dunbartonshire and beyond to Glasgow and
Helensburgh. It is therefore concluded that the development is provided in an
appropriate location within an established settlement accessible by means
other than the private car. It is noted that the proposal also includes provision
of hoops for bicycle parking. On the above basis, it is also considered that the
development takes into consideration and manages environmental impact of
some of the travel to be generated by it.
Ecology
7.26 A preliminary ecological appraisal was submitted with the application and this
has been reviewed by the Council’s Biodiversity Officer. The Biodiversity Officer
advises that the boundary wall features to the north of the site has the potential
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to host bats and birds. Moreover, although the site is covered with hardcore,
this could pose an attractive offer to certain types of ground nesting birds,
whose habitat should not be disturbed during the nesting season. The
protection of nesting birds can be addressed by condition.  
7.27 Presence of hedgehogs was noted on site. For this reason, access points for
this specie should be included on any boundary fencing treatment are
recommended by the Biodiversity Officer and this can be secured with a
condition. Moreover, the redshank roost observed to the south of the site is
potentially vulnerable to displacement during the works. The Biodiversity Officer
advises that consideration should be given to appropriate screening of the site
during the works phase. The applicant’s ecologist has suggested further
surveys on this and this requirement should be clarified with them and any
appropriate mitigation measures put in place. This can be secured through
condition. As the site is more than 150 metres from the Inner Clyde SPA,
NatureScot advised that the proposal does not meet the threshold for them to
comment on. Given the distance from the SPA, it can be concluded that no
adverse impact will occur in respect of the qualifying species. The Council’s
Biodiversity Officer also raises no concerns in this respect.
7.28 Finally, the Biodiversity Officer welcomes the use of built-in habitat boxes.  Bird
boxes require maintenance and this should be built in to the landscaping
management contract, secured through condition, with one clean out of the
boxes per year from October to January recommended. The responding officer
is also satisfied with the proposed inclusion of vertical planting and native mixed
wildflower seen on the lawn. Additional items such as invertebrate bricks and
habitat boxes also considered to be welcome from the biodiversity point of view.
While not included in the application site, the officer also commands retention
of the buffer shrub area immediately south of the site.  
Built and Cultural Heritage
7.29 The site is adjacent to the historic Dumbarton waterfront as well as the A-listed
Scottish Maritime Museum building. It is also in the vicinity of several other A-
and B-listed properties and in close proximity to the Dumbarton Town Centre
and Knoxland Square Conservation Areas. Neither Historic Environment
Scotland, nor West of Scotland Archaeological Service objected to the
proposal. The latter consultee also stated that given the level of modern
disturbance of the site and despite its location near the original known location
of the historic burgh and the Rock, there would be no reason for concern in
relation to historic artefact deposits in the ground. Moreover, as discussed in
the appraisal of the design, while this would be a clearly modern development,
its position and the screening afforded by the adjacent properties when viewing
the site from the A814 Glasgow Rd and Castle Street heading towards
Dumbarton town centre, there is no concern over the proposal impacting
visually on or influencing the character of the area and the nearby historic
buildings inappropriately. The current proposal also has no greater potential for
impact than the previously consented arrangement. 
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Waste Provision
7.30 The proposal is expected to generate a level of waste commensurate to a
facility of the scale proposed. A bin store is proposed under the stairs which will
form a part of the loading bay, located against the southern elevation of the site,
which is acceptable
Flooding and Drainage
7.31 With respect to flood risk, the site is identified as being at high risk of coastal
flooding on SEPA’s Flood Maps. SEPA were consulted on the application and
requested further details to be submitted. Following a reconsultation, SEPA
have stated that the proposed development is expected to put people or
property at risk of flooding and as such object in principle to the proposal. 
7.32  Policy 22 of NPF4 sets out to strengthen resilience to flood risk by promoting
avoidance as a first principle and reducing the vulnerability of existing and
future development to flooding. Development proposals at risk of flooding or in
a flood risk area will only be supported in certain circumstances. These include
for essential infrastructure or for water compatible uses, neither of which the
development comprises. The proposal does, however, comprise the
redevelopment of a previously used site in built up areas where the LDP has
identified a need to bring these into positive use. The adopted Local Plan
identifies the site as a development opportunity meeting this criterion and it
must therefore be considered whether the proposals demonstrate that long-
term safety and resilience can be secured in accordance with relevant SEPA
advice. 
7.33 In their consultation response, SEPA advise that they are satisfied with the
methodology used in preparing the flood risk assessment. It is accepted that
the site is not at risk of fluvial flooding and the flood risk is tidal. No concerns
regarding loss of floodplain capacity arise. SEPA are, however, concerned that
safe egress could not be achieved from the building during a flood event and
may result in an island of development.  The Council’s Roads Service have also
been consulted on flooding matters and offer no objection. This Service advises
that neighbouring sites have been developed and whilst a 1:200 year plus
climate change allowance flooding event would result in an island of
development (i.e. a development that would be surrounded by flood water, but
not necessarily flooded itself) for this site, this situation would be no different to
the previously approved adjacent developments. The Council’s Roads Service
further advises that they are in agreement with the position set out in the flood
risk assessment that any potential flooding could be appropriately mitigated.
Furthermore, while access to the site would be limited during a flood event, it is
anticipated that Castle Street would be closed due to flooding anyway. As the
street level is located lower than the application site and the recent
developments surrounding it, they would all be islands of developments in the
event of this scenario. The flood risk assessment identifies that to mitigate
against the impact of flooding, flood resilience measures be incorporated into
the building. The flood risk is from coastal / tidal flooding which can generally
be predicted and the flood risk assessment indicates that the store will sign up
to SEPA’s flood warnings to ensure that safe evacuation can take place prior to
flood levels reaching a point that the building cannot be evacuated to dry land.
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Unlike nearby residential properties, those within the building would either be
staff or shoppers and not permanent residents, reducing risk further. 
7.34 The final exception criteria set out within Policy 22 of NPF4 is that the proposal
would result in the development of an existing building or site for an equal or
less vulnerable use (as defined by SEPA guidance). Whilst there is no building
currently on site, there is an existing planning permission for a retail
development of a marginally greater floorspace which remains extant and could
be implemented on site. SEPA acknowledge this in their response but advise
that this would be a matter for the planning authority to consider. The position
is that even in the event that this application was to be refused, planning
permission remains for the development of an alternative retail proposal on the
site with a marginally larger floor area. There would be nothing to prevent the
current applicant occupying the consented development as a single retail unit.
The current proposal represents no increase in vulnerability over the consented
development. 
7.35 It is acknowledged that policies in NPF4 require to be read and applied as a
whole and that conflicts between policies are normal and to be expected. It is
accepted that there is conflict with elements of Policy 22. The building could not
remain operational during a flood event and an island of development could
occur. This position would conflict with NPF4. However, a flood management
and evacuation plan could ensure the building is safety evacuated before any
tidal flood event occurs and it is accepted that no buildings within the wider area
could remain operational during a flood event. Overall, the proposal would result
in the redevelopment of a vacant waterfront site, ensure retail development is
appropriately located within the town centre and within an accessible location,
and bring employment and economic benefit to the area. Therefore, considering
the proposal as a whole, inclusive of the site history and extant planning
permission, and being reassured by the lack of objection on flooding grounds
by the Council’s Roads Service, it is considered that the proposal can be
supported despite the objection from SEPA.
7.36 In relation to drainage, the application indicates that foul wastewater would be
discharged to the public sewer, with surface water attenuated using course
graded aggregate within the subbase of permeable paving. Final details of the
drainage proposals can be addressed by condition. 
8. CONCLUSION
8.1 The proposal is welcomed and would provide an effective use of a brownfield
site whose development has stalled since the approval of the application
DC17/230. While the flooding aspect would potentially result in parts of the site
becoming inaccessible in a 1:200 year plus climate change coastal flooding
event, the store itself would likely remain unaffected. With suitable mitigation in
place to ensure the building is evacuated prior to any flooding event, the benefit
of redevelopment of a brownfield along with the economic benefit outweigh the
flooding concerns. The design of the store unit and the adjacent car park would
be of high quality with appropriate level of connectivity to the adjacent street
level and the waterfront and its footpath. The development would contribute to
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the mix of retail offerings and vitality of the Town Centre, without any
detrimental effects on local amenity. 
8.2 Despite the conflict with elements of Policy 22 of NPF4, the proposal is, in the
whole, supported by NPF4, together with the adopted Local Plan, the proposed
Local Development Plan 2 and associated Planning Guidance. 
9. CONDITIONS
1. Prior to the commencement of development on site, exact details and samples
of all proposed external materials shall be submitted to and approved in
writing by the Planning Authority. Thereafter, unless otherwise agreed in writing
with the Planning Authority, the development shall be completed in strict
accordance with the approved material details and palette unless otherwise first
agreed in writing by the Planning Authority.
2. Prior to the commencement of development on site, full details of all hard
surfaces shall be submitted for the further written approval of the Planning
Authority. The development shall thereafter proceed in accordance with the
approved details unless otherwise first agreed in writing by the Planning
Authority.
3. Prior to the commencement of development on site, details of the design and
location of all bin stores, cycle storage, street furniture, trolley parking and
lighting shall be submitted for the further written approval of the Planning
Authority and shall be implemented as approved. The development shall
thereafter be completed in accordance with the approved details prior to any of
the foodstore becoming operational unless otherwise first agreed in writing by
the Planning Authority.
4. All recommendations set out within the Level 3 Flood Risk Assessment dated
5th April 2024 shall be incorporated into the development to the satisfaction of
the Planning Authority.
5. Notwithstanding condition 4 above and prior to the commencement of
development on site, full details of a flood mitigation and evacuation plan for
the development shall be submitted for the written approval of the Planning
Authority. Thereafter, the flood mitigation and evacuation plan shall be adhered
to at all times, unless otherwise agreed with the Planning Authority.
6. 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.
7. Prior to the commencement or works on site and notwithstanding the approved
plans, a detailed management and maintenance scheme for the proposed
landscaping shall be submitted to and agreed in writing by the Planning
Authority. For the avoidance of doubt, the scheme shall include a minimum of
one clean out per year from October to January of the hereby proposed bird
boxes and detailed of the maintenance of the wildflower areas. The plan shall
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thereafter implemented in perpetuity, unless otherwise agreed with the
Planning Authority.
8. That 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.
9. Notwithstanding the approved plans, prior to the commencement of any works
on site, full details of the incorporation of low and/or zero carbon technologies
shall be submitted to and approved in writing by the Planning Authority.
Thereafter the development shall be undertaken in accordance with the
approved details unless otherwise first agreed in writing by the Planning
Authority.
10. All recommendations within the Preliminary Ecological Appraisal dated October
2023 and hereby approved, shall be implemented in full to the satisfaction of
the Planning Authority.
11. Notwithstanding condition 10 above, no works shall commence on site during
the months of March to August (inclusive) until a full nesting bird survey is
undertaken, the methodology and findings of which shall be submitted to and
approved by the Planning Authority. For the avoidance of doubt, this survey
shall be conducted within 48 hours of the commencement of any works.
12. Notwithstanding the approved plans, detail of access points for hedgehogs shall
be included on any boundary fencing treatment, details of which shall be
submitted to and approved in writing by the Planning Authority. Thereafter, the
access points shall be maintained for the duration of the existence of the
development.
13. Prior to the commencement of the hereby approved works, further survey shall
be carried out to establish if the redshank bird species is present on site or in
its vicinity. Thereafter, and notwithstanding the approved plans, details of
screening of the site and any other appropriate mitigation measures during the
works phase to avoid displacement of the redshank birds and any other relevant
species of wild animals shall be submitted to and approved in writing by the
Planning Authority. Thereafter, the approved screening shall be in place and
maintained for the duration of the works.
14. Development shall not commence until a Bird Hazard Management Plan has
been submitted to and approved in writing by the Planning Authority in
consultation with Glasgow Airport. The submitted plan shall include details of:
• Management of any flat / shallow pitched / green roofs on buildings
within the site which may be attractive to nesting, roosting and ‘loafing’
birds. The management plan shall comply with Advice Note 8:
“Potential Bird Hazards from Building Design”.
• The Bird Hazard Management Plan shall be implemented as approved
and on completion of the development shall remain in force for the
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lifetime of the development. No subsequent alterations to the plan are
to take place unless first submitted to and approved in writing by the
Planning Authority in consultation with Glasgow Airport. 
15. All plant and equipment (including any ventilation system) to be installed or
operated shall be enclosed, attenuated and/or maintained such that any noise
therefrom shall not exceed International Standards Organisation (ISO) Noise
Rating 35 between 0700 and 2300 hours daily, within any nearby residential
property, with windows slightly open for ventilation, when measured and/or
calculated and plotted on an ISO rating curve chart.
16. 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.
17. 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 approved in writing by the Planning
Authority:
• Mondays to Fridays: 0800 – 1800
• Saturdays: 0800 – 1300
• Sundays and public holidays: No working
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.
19. 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 suitably qualified person and shall detail the measures necessary
to bring the site to a condition suitable for the intended use by removing
unacceptable risks to human health, buildings and other property, and the
natural and historical environment. The scheme shall include details of all works
to be undertaken, the remediation objectives 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.
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20. The presence of any previously unexpected 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 site shall cease. At this
stage, if requested by the Planning Authority, an appropriate investigation and
risk assessment shall be undertaken and a remediation scheme shall be
submitted to and approved by the Planning Authority prior to the
recommencement of site works. The approved details shall be implemented as
approved.
21. If there is a requirement to either re-use site won material or to import material
then the assessment criteria and sampling frequency that would adequately
demonstrate its suitability for use shall be submitted to and approved by the
Planning Authority prior to any material being re-used or imported. In addition
to this and in accordance with BS3882:2015 and BS8601:2013, material to be
used in the top 300mm shall also be free from metals, plastic, wood, glass,
tarmac, paper and odours. On completion of the works and at a time and or
phasing agreed by the Planning Authority, the developer shall submit a
validation report containing details of the source of the material and associated
test results to demonstrate its suitability for use.
22. Unless otherwise approved in writing by the Planning Authority, no
development shall commence on site until such time as a scheme for the control
and mitigation of dust has been submitted to and approved in writing by this
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
approved by this Authority.
23. Prior to the commencement of development on site an air quality impact
assessment in accordance with the Environmental Protection UK guidance
document “Guidance on land - use planning and development control: Planning
for air quality January 2017” shall be submitted to and approved by the Planning
Authority. The findings of the assessment shall be implemented prior to the
development commencing on site or within a timescale agreed by the Planning
Authority.
24. Prior to the commencement of development on site, a Delivery Management
Plan shall be submitted to and approved in writing by the Planning Authority.
Deliveries to the foodstore shall only occur between the hours of 0700 hours
and 2300 hours.  All deliveries and other servicing of the site shall then be
undertaken in accordance with the approved Delivery Management Plan at all
times thereafter.
25. Notwithstanding the approved plans and prior to the commencement of
development on site, final details of the foul and surface water drainage system
shall be submitted for the written approval of the Planning Authority. The
drainage system shall incorporate the principles of Sustainable Drainage
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Systems (SuDS) within its design, and thereafter shall be implemented prior to
the occupation of the foodstore hereby permitted.
26. That all surface water shall be intercepted within the site both during
construction and on completion of the development and full details of
measures to ensure that surface water run-off is contained within the site shall
be submitted to and approved in writing to the Planning Authority prior to the
commencement of any works on site. The measures shall be implemented
and maintained as approved.
27. The foodstore shall not be brought into use until the vehicle parking spaces
associated with it have been provided within the site in accordance with the
approved plans. The spaces shall thereafter be kept available for parking at
all times.
Alan Douglas
Chief Officer – Regulatory and Regeneration
Date: 7th August 2024
Person to Contact: James McColl, Development Management Team Leader
James.McColl@west-dunbarton.gov.uk 
Appendix: Location Plan
Background
Papers:
1. Application forms and plans
2. Consultation responses
3. Representations
4. National Planning Framework 4
5. West Dunbartonshire Local Plan 2010
6. Proposed West Dunbartonshire Local Development
Plan 2 2020, as amended
7. ‘Green Network and Green Infrastructure’ Planning Guidance
(2022)
8. Creating Places Planning Guidance (2022)
9. Planning application no: DC17/230.
Wards affected: Ward 3 (Dumbarton)
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¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 23/07/2024.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:1,323@A423/07/2024
DC23/217/FUL - Committee MapWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
ITEM 6d - APPENDIX 1
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 7th August 2024
_____________________________________________________________
DC23/223/S36: Proposed wind farm development comprising up to ten wind
turbines of approximately 7 megawatts (MW) each, with a
maximum blade tip height of up to 250m, and Battery Energy
Storage System (BESS) with a capacity up to 20 MW at the Site of
the Proposed Vale of Leven Windfarm, Kilpatrick Hills, East of
Alexandria by Vale of Leven Wind Farm Limited.
1. REASON FOR REPORT
1.1 To agree the Council’s response to a consultation received from the Scottish
Government Energy Consents Unit on behalf of the Scottish Ministers regarding a
proposed wind farm development comprising up to ten wind turbines of approximately
7 megawatts (MW) each, with a maximum blade tip height of up to 250m, and Battery
Energy Storage System (BESS) with a capacity up to 20 MW. Given the nature of the
proposal, this requires to be agreed by Planning Committee.
2. RECOMMENDATION
2.1 It is recommended that the Committee agrees the position set out in Section 10 of this
report and submit this report to the Scottish Ministers as presenting the Council’s full,
formal response to the consultation advising of the Council’s objection.
3. BACKGROUND
3.1 The Scottish Ministers received an application under section 36 of the Electricity Act
1989 for the construction and operation of windfarm of up to ten wind turbines of
approximately 7 megawatts each with a maximum blade tip height of up to 250m as
well as a battery storage system (BESS) with a capacity of up to 20 megawatts. The
application site is located within the West Dunbartonshire local authority area however
the assessment of the submitted application is undertaken via the Scottish
Government Energy Consents Unit for the Scottish Ministers. In Scotland, any
proposal to construct and operate an onshore electricity generating station with a
capacity of over 50 megawatts (as is the case with this proposal) requires the consent
of Scottish Ministers under Sections 36 of the Electricity Act. Such applications are
processed on behalf of the Scottish Ministers by the Scottish Government Energy
Consents Unit. Due to the Scottish Ministers being the decision makers,
representations from members of the public and other agencies are made directly to
the Energy Consents Unit. The application is referred to under the project name of the
Vale of Leven Windfarm. The location of the site is shown in Appendix 1.
3.2 A date of 12th August 2024 has been agreed with the Scottish Government Energy
Consents Unit for the submission of the Council’s consultation response. The
application documents are available to view via the Energy Consents Unit website via
the following link: Scottish Government - Energy Consents Unit - Application Details. 
3.3 The Council is a formal consultee in this process. In procedural terms, the Council as
Planning Authority, requires to provide a response to the Scottish Ministers. In this
regard, the Council in response to the consultation can:
ITEM 7
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(i) Offer no objection to the Section 36 application as submitted; or
(ii) Offer no objections subject to the imposition of appropriate conditions and/or
legal obligations it considers necessary to make the development acceptable;
or
(iii) Object to the application, stating the grounds on which objection is made.
3.4 Should the Scottish Ministers be disposed to grant a Section 36 consent for the
proposed development, the Town and Country Planning (Scotland) Act allows the
Scottish Ministers to direct that planning permission for that development and any
ancillary development shall be deemed to be granted. 
4. DEVELOPMENT DETAILS
4.1 The application site is located in the western part of the Kilpatrick Hills between Bonhill
and Gartocharn. The nearest settlement to the site is Bonhill, which is located just over
2 km to the west, of the nearest proposed turbine, and approximately 600m to the
northwest of the site boundary and proposed access track. Alexandria and Dumbarton
are approximately 4 km to the west and south-west of the site respectively. The Loch
Lomond and Trossachs National Park and the Loch Lomond National Scenic Area
(NSA) lie a minimum of 1.7 km and 3.5 km respectively to the north of the northern site
boundary. 
4.2 The site comprises part of Auchenreoch Muir to the east of Pappert Hill, and primarily
consists of upland open moor which is currently used for sheep grazing. The
topography within the site undulates, and it contains several hills including
Knockshannoch and Hill of Standing Stones. These form part of a gently sloping ridge
of land which drops down from the higher Doughnot Hill and Meikle White Hill (to the
south of the site). This ridge forms the watershed between the Endrick Water (a
tributary of the River Leven) and the River Leven itself. A number of small burns
originate within the site, flowing northeast and west respectively. The surrounding land
comprises open moorland with some patches of coniferous plantation, while
Auchencarroch landfill site borders the site to the northwest. Dumbarton Muir Site of
Special Scientific Interest (SSSI), designated for bog habitats, is located to the east of
the Site. Auchenreoch Glen SSSI, designated for its lowland calcareous grassland and
springs (including flushes), lies to the south-west.
4.3 The proposal would involve the following works:
• 10 wind turbines up to 250m to blade tip and each with an output of approximately
7 megawatts (MW), giving a total output of up to 70 MW;
• Hardstanding areas at the base of each turbine, with a total permanent area of
approximately 7,800 sqm;
• Site entrance and access track up to 9.2km in length from the south-west, via a
new road through Murroch Farm, accessed from a new junction on the A813
Stirling Road, adjacent to the Aggreko Lomondgate facility in Dumbarton;
• Sub- station / control building with parking and welfare facilities;
• A network of on-site access tracks and up to 4 associated watercourse crossings:
• Transformers and underground cables to connect the turbines to the onsite
substation;
• Telecommunications equipment;
• Temporary construction compounds and laydown area;
• Three borrow pits which take the form of small quarries used to obtain rock for
construction of the wind farm;
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• Battery Energy Storage System (BESS) with a capacity up to 20 MW.
4.4 The ten proposed turbines would be three bladed, horizontal axis turbines, each with
a nominal rated capacity of 7MW and a rotor diameter of 172m. All of the turbines
would be located on ground at elevations of between 220m and 304m Above Ordnance
Datum (AOD). The solid, tubular towers would be constructed from steel and the
blades would be made from reinforced composite materials such as fibreglass, all
finished in a mid-grey tone consistent with more recently constructed turbines.
4.5 Each turbine would sit on a concrete base roughly 28m in diameter with a circular or
octagonal plan shape. Should geotechnical investigations demonstrate that the
required bearing capacities are not achievable, then a piled foundation design is
proposed to be adopted using the same overall design footprint. For the purposes of
the Environmental Impact Assessment Report, a maximum (worst-case) scenario for
turbine foundations of a 3 – 4m depth has been assumed. Adjacent to the foundation,
an area of hardstanding of approximately 80m by 40m with a 6m wide track running
along the length of the hardstanding would be required adjacent to each turbine as a
platform for cranes to lift the turbine components into position. In addition to the
hardstanding for the main assembly crane, up to two additional temporary crane pads
may be required for crane assembly. Each turbine would be expected to have an
associated transformer, located either internally or externally to the turbine. External
transformers are proposed to be located within weather-proof housing, which would
have indicative dimensions of 5.5m by 5.5m by 3m. Transformer housing would be
colour finished to blend in with the surrounding landscape.
4.6 The entrance to the proposed development site for vehicles delivering both
construction materials and turbine components, such as tower sections and blades,
would be from a new road, via Murroch Farm, to the south-west of the Site. The road
would be accessed from a new junction on the A813 Stirling Road, roughly opposite
the Aggreko Building. From A813, the access track would be approximately 2 km in
length until reaching the first wind turbine. Internally to the site, access tracks are
proposed to be generally unpaved (stone surface) and of a minimum of 5.5m running
width, with a 1m shoulder verge to either side and 2:1 side slopes. The tracks could be
up to 7m wide on bends. Approximately 9.2km of new access track would be required
for construction. Five turning heads of sufficient size to accommodate articulated
vehicles would are also proposed. Some further widening would be necessary along
the access track route to allow for passing places/temporary lay down areas, with the
locations subject to detailed design post-consent. In general terms, the construction
method would see topsoil, including peat, being removed and stored adjacent to the
construction area until required for reinstatement. The requirements for access track
drainage would be determined at detailed design stage and onsite during construction.
The access tracks would have a suitable cross-fall to drain run-off and, where gradients
are present, lateral drains would intercept any flow along the road. Where ground
conditions are of a permeable nature, swales would be utilised alongside the access
tracks to allow natural filtering of surface water into the ground. Where areas are less
free draining, land drains or drainage ditches would be installed as topography and
ground conditions dictate. Drainage filters would be installed at suitable locations to
remove silts from the run-off. Post construction, the vegetated turf layer would be used
for reinstatement. This would allow re-establishment of natural vegetation to the area.
4.7 The proposed development would require a total of 92,622 cubic metres of aggregate
to construct new tracks, hardstanding areas for cranes and to lay the turbine
foundations. This is expected to be won from up to three onsite borrow pits. However,
the Environmental Impact Assessment assesses a worst-case scenario and considers
the scenario where 50% of the track and hardstanding aggregate would be brought in
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from off-site sources, such as local quarries. Locations for up to three borrow pits have
been sited in areas with low peat measurements and rock exposure. It is not proposed
to retain any of the new proposed borrow pits post-construction. Materials are available
locally so any requirement for rock aggregate during the operational phase would be
met from those sources. Rock extraction from borrow pits by means of blasting
operations is not anticipated. 
4.8 The sub-station compounds will be split into two separate compounds with a separate
control building in each compound. The substation compounds would measure
approximately 100m x 75m and be enclosed by palisade type fencing. 
4.9 It is further proposed to co-locate a battery energy storage facility in the position of one
of the construction compounds and this would remain for the lifetime of the
development. Whilst only indicative details are provided at this stage, it is anticipated
this element of the proposal will comprise a lithium-ion battery technology solution, with
modular elements comprising circa 14 battery housings such as standard ISO
containers measuring 2.6 metres by 16.1 metres with associated heating, ventilation
and air-condition systems together with associated inverters, transformers, switchgear
and metering. Given only indicative designs have been provided, the final design would
require to be agreed. 
4.10  The construction phase of the development is estimated to take approximately 21
months. The proposed development will have an operational life of 40 years, after
which it would be decommissioned, and the turbines would be dismantled and
removed. During decommissioning the turbines would be dismantled and removed,
along with any associated above ground electrical equipment. Underground cables
and access tracks would be left in place and foundations would be removed to a depth
of 0.5m below ground level to avoid environmental impacts from deeper removal. 
4.11  In terms of the planning history of the site, in 2012 planning permission (reference
DC12/028) was applied for the erection of ten wind turbines (max hub height 79m and
max blade tip height 120m) with a total installed capacity of around 20MW and
associated works including the erection of a meteorological mast, control building,
ancillary infrastructure, temporary ground works and construction compound. In 2013
the West Dunbartonshire Council’s Planning Committee refused permission for the
application which is sited within the same area as the current proposal but with a
different access route. Reasons for refusal were due to the significant adverse visual
and landscape impact on the Kilpatrick Hills Regional Scenic Area/Local Landscape
Area, the significant adverse visual and landscape impact on the setting of Loch
Lomond and the Trossachs National Park and the Loch Lomond National Scenic Area
and a conflict with aviation safeguarding criteria which could endanger aviation safety.
4.12  In order to more accurately gauge the wind speed and direction at the application site,
an anemometer mast of up to 100m in height was approved for a period of 5 years by
the Council’s Local Review Body in February 2024.
4.13 The proposal is informed by an Environmental Impact Assessment (EIA) together with
a range of associated supporting documentation. This addresses a range of matters
including Landscape and Visual Impact, Ecology, Ornithology, Geology, Hydrology
and Peat, Archeology and Cultural Heritage, Traffic and Transport, Noise, Socio
Economics, Aviation, Shadow Flicker and Population and Human Health. 
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5. CONSULTATIONS
5.1 The Council is a consultee in the Section 36 application process and therefore
consultation by the Council is limited to Council Services. However, a summary of the
wider consultation responses received by the Scottish Government Energy Consents
Unit is also included below, as these are also relevant to the assessment of the
proposal to inform the response by the Council.
West Dunbartonshire Council consultation replies:
West Dunbartonshire Council (Roads Service) (roads, traffic and flooding matters)
5.2 The location appears acceptable subject to conditions relating to the proposed junction
design, gates, surface water, mechanical brush, wheel washing facilities, signage, the
design, location and construction of the relocated bus bay and pre and post
development inspections of the A813 from its junction with the A82 to Lionsgate
Roundabout.
5.3 The location of the proposed development is at the source of several watercourses
and tributaries. Two of these have been identified on the SEPA flood maps as medium
to high risk for fluvial flooding within West Dunbartonshire. These are the Carrochan
Burn and Gruggies Burn which have both flooded downstream of the site in recent
years. It is also within the catchment for the Loch Lomond via the Gallangad Burn. If
permission is given the applicant would need to prove that the proposed development
would not increase the flood risk downsteam along the watercourses mentioned. West
Dunbartonshire Council is currently promoting a Flood Alleviation Scheme for the
Gruggies Burn. 
West Dunbartonshire Council (Environmental Health Service)
5.4 It is highlighted that predictions of the operational noise levels have been based on the
candidate turbine being the Vestas 172.2MW but the test results for this specific turbine
are not yet available and representative noise data has been adopted from similar
Vestas V136 turbine. Environmental Health would request that any noise impact
assessment is updated based on the actual wind turbines proposed. Full details would
be required on the Battery Energy Storage Facilities (BESS) to allow full comments to
be provided. If blasting was proposed, further detailed information will be required prior
to any blasting on site. 
5.5 Conditions are recommended relating to updating the report that determines the
impact of noise from the turbines on nearby dwellings and any noise sensitive
premises, the investigation of noise complaints, construction hours, delivery vehicles
times, submission of a noise control method statement, noise attenuation for plant and
machinery and shadow flicker. 
Biodiversity Officer
5.6 A variety of matters are highlight with reference to the proposed development. It is
noted that protected and sensitive habitats which have been recorded on the site of
the windfarm including blanket bog, wet modified bog, acid neutral flush and wet heath.
There is no mention or consideration made to the five local designation on the
proposed site. No specific species protection plans are included for the 15 species
recorded within the vicinity of the proposed development as part of the mitigation
proposals. There are Breeding snipe close to proposed locations of turbines 1,2,5 and
6. Black Grouse lek site is only 300m from proposed battery storage area and this is
against the recommended distance of at least 500m. A number of raptor species have
been identified using the site through the ornithology studies.
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5.7 It is considered that a peatland restoration programme on the vast swathes of class 2
peatlands would be more impactful in terms of the net zero commitments and would
provide an abundance of biodiversity benefit whilst keeping the landscape character
of the Kilpatrick Hills intact. There is no data for the 0.5m – 1m depth which is the
national standard set by Naturescot to determine deep peat. The developer has
instead only given peat depths of over 1m. T2 is on class 2 peat, T4 on class 1 peat. 
Extensive hard standing turbine footprints removing habitat. Naturescot estimate of
18% habitat loss –regardless of mitigation / enhancements.
5.8 There are large swathes of natural priority habitat types that are untouched. It is the
value of the habitat and the vast open space of the Kilpatrick Hills that allows it to host
such valuable species, many of which are of conservation concern. Opening up of
access over this land will change the recreational value of this site. This additional
disturbance could include additional walkers, cyclists, trail bikes and dogs onto the site
which would reduce its value as an open habitat and breeding site for ground nesting
birds.
5.9 In terms of enhancement, 90ha of peatland restoration is offered by developer but it is
noted that the Naturescot response requires nearer to 200ha to fit current guidance.
The peatland action grant system could offer biodiversity benefit without loss of the
18% habitat and therefore the proposed development is not the only route to provide
improved peatland habitat enhancements. Native woodland planting areas are
proposed outside of development site boundary and could also lead to self-seeding on
the adjacent SSSI which should remain as calcareous grassland. The proposed new
blocks of woodland planting could be detrimental to proposed calcareous grassland
management - seem to be on wetland flush areas. The Biodiversity Enhancement
Management Plan should include detailed management plan for all protected species
on site.
5.10 West Dunbartonshire Council (Economic Development)
The sensitivities around visual impact and the adjacency to the National Park are
understood but it is believed they are countered by the positive environmental and
economic impacts both locally and wider. West Dunbartonshire Council has a statutory
duty to deliver on the Scottish Government’s target of Net Zero by 2045. Significant
investment both in resource and funding is required to achieve this. There is limited
budget within the public sector to deliver actions at the pace and scale required and
other investment, such as that from the private sector, will be essential for success.
5.11 The Vale of Leven windfarm proposal has the potential to provide significant funding
through two channels, Community benefit packages; and/or Shared ownership. 
5.12 Although community benefit is not a mandatory requirement, during initial discussions
the developer had indicated that they would provide this at or above the minimum
recommended by the Scottish Government. This would equate to £350,000 per year.
Where and how the funds are invested is the decision of the local affected community
and has the potential to have a significant impact. 
5.13 In addition to community benefit, although more complex to set up, shared ownership
is a further potential revenue stream that could benefit the local community and provide
much needed funding for Climate Change Action Plan and Local Heat and Energy
Efficiency Strategy initiatives. Following initial discussions, the developer has indicated
that up to 15% could be available for shared ownership. 
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Scottish Government Energy Consent Unit consultation replies:
West of Scotland Archaeology Service
5.14 Construction of the turbines and their associated infrastructure is likely to have both a
direct impact on heritage features present within the development area itself, and an
indirect effect on the settings of sites present in the surrounding landscape.
5.15 Direct impacts are generally concluded within the EIA to not be significant, a position
that appears to have been reached on the basis that all of these features can be
considered to be of negligible or minor importance. There are a number of features
that are present within the 50m micrositing tolerance of the proposed development,
including a burial cairn, an enclosure, an area of lime kilns and a turf structure. The
EIA considers all of these assets to be of low or local importance and therefore
concludes that any adverse effects on them resulting from physical impacts during the
construction phase would not be significant. The exception to this is the burial cairn,
which is considered to be of medium or regional importance; and states that without
mitigation, any adverse effect resulting from a physical impact during construction-
phase may be of up to moderate significance.
5.16 It is difficult to see how the effect of the proposed wind farm on the settings of sites in
the surrounding landscape could be reduced or mitigated without substantial redesign
to the location of the development or the height of the turbines. Recommend that any
granting of permission should include a condition relating to a programme of
archaeological works in accordance with a written scheme of investigation within the
red line boundary. 
BT
5.17 The project indicated should not cause interference to BT’s current and presently
planned radio network.
Joint Radio Company (JRC) 
5.18 No potential problems foreseen based on known interference scenarios and the data
provided.
Met Office
5.19 The proposal falls within the 20 km consultation zone of our meteorological radar at
Holyhead. The turbines in the design freeze layout are below the beam of the radar
and will not have any adverse impact. 
Ministry of Defence (MOD)
5.20 Subject to a variety of conditions, the MOD has no objection to the proposed
development.
Glasgow Prestwick Airport
5.21 The airport no longer has any safeguarding concerns over Vale of Leven Wind Farm
and would have no objection to the development.
Office for Nuclear Regulation (ONR)
5.22 No comment on this proposed development as it does not lie within a consultation zone
around a GB nuclear site. 
Scottish Water
5.23 No objection to the proposed development; however, the applicant should be aware
that this does not confirm that the proposed development can currently be serviced.
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Crown Estates Scotland.
5.24 The assets of Crown Estate Scotland are not affected by this proposal and we
therefore have no comments to make. 
East Dunbartonshire Council
5.25 No objection to the proposed development.
Royal Society for the Protection of Birds (RSPB)
5.26 It is agreed that there will be no significant impact on of the Loch Lomond Special
Protection Area, and the Endrick Mouth and Islands SSSI in terms of protected bird
species. 
5.27 If the application is to be consented, the RSPB recommend the finalised Biodiversity
Enhancement Management Plan and corresponding biodiversity net gain should be
secured by suitably worded conditions.
SEPA
5.28 Based on the information available, SEPA have no objection. However, it is advised
that if consent is to be given, this should be subject to conditions relating to a finalised
Peat Management Plan, a finalised Biodiversity Enhancement Management Plan, a
final Construction Environmental Management Plan, and micro siting. If these will not
be applied, then this response would require to be considered as an objection. 
Peat management (Consultant Response)
5.29 The results of the likelihood assessment show the significant majority of site to be of
negligible likelihood of peat slide (72% of probe locations) with only 1% recording
medium likelihood and no areas of high likelihood. 
5.30 Communities have been discounted as being at risk of peat landslide due to distance
from infrastructure and there are no roads/dwellings/other infrastructure within
influencing distance. Four areas at a medium risk of peat instability were considered
to have a potential impact on the proposed development’s infrastructure but were
downgraded to Insignificant following more detailed review. 
5.31 Mitigation is provided in section 7.0 of the PLHRA document. There is no extensive
evidence for past peat instability on-site therefore a more generic and infrastructure
specific mitigation and best practice is provided. This is supported by discussion of
mitigation for each area of medium “risk” considered to influence the development.
Overall, the mitigation presented is considered appropriate.
Scottish Forestry
5.32 It is clear that the proposed development will have a direct, though limited, impact on
woodland interest. The access track for the proposed development will impact a small
area (approximately 0.06ha) of woodland, resulting in the felling of up to 28
mature/semi-mature beech (Fagus sylvatica) hedgerow trees and 3 mature Downy
Birch (Betula pubescens) to facilitate construction of the track. Conditions are
recommended relating to compensatory planting. 
Transport Scotland 
5.33 It is noted that the use of a blade lifter is identified at the start of the Transport
Assessment, but it appears that the swept paths have been run with a standard trailer.
The use of a scissor lift adaptor is identified as being required at certain locations to
elevate the blade tip to allow loads to over sail various obstructions without the need
for intrusive ground works. In addition, it should be noted that if Blade Lifter
technology/scissor lift technology is to be utilised on the trunk road, significant work
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will be required in order to satisfy Transport Scotland that the proposals can work
technically, and do not represent any risk to the safe and efficient operation of the trunk
road network. Transport Scotland will require a detailed methodology to be provided,
with a technical approval process followed thereafter (with no guarantee of approval).
This is to include a risk assessment, method statements and additional information as
requested by Transport Scotland. Conditions and informatives are recommended for
any granting of permission. 
Inverclyde Council
5.34 Whilst the Scottish Government is keen for more renewable developments to be
established to meet the target of net zero emissions by 2045, they do have to be in the
right location and at the right scale to ensure that other assets are not lost in the
process. The views outwards from Inverclyde are important to both tourists and
residents alike. They are an environmental and scenic tourism resource. Inverclyde
Council would wish to see these views retained and is concerned the proposed
development would impact on them to their detriment. The turbines that are proposed
are more than twice the size of those at Corlic Hill above Greenock and would, be out
of scale with the surrounding topography to the extent it would impact negatively on
the views from Inverclyde and from the Firth of Clyde.
National Air Traffic Services (NATS)
5.35 Object until mitigation proposals become more mature. The developer states (13.6.21)
that the development “would be likely to cause false plots to be generated” on the
radars at Lowther, Cumbernauld, Glasgow NASR-10 and Terma. Whilst NATS could
take issue with the classification of this impact as “moderate” they are pleased to note
the intention (13.7.4) to “agree appropriate means of technical mitigation of the
proposed development’s effects” and NATS will continue to work with the applicant
with the goal, which is seen as realistic.
Glasgow Airport
5.36 The proposed development has been examined from an aerodrome safeguarding
perspective and could conflict with safeguarding criteria. Accordingly, a more detailed
assessment requires to be undertaken regarding the potential impact on Glasgow
Airport. Glasgow Airport therefore, submit a holding objection until they are able to
advise of the results of their investigations.
Scotways
5.37 This application should not be considered as suitable for what is an open moorland
landscape in the vicinity of a National Park. They have grave concerns regarding the
direct impact on recreational amenity both within, and in the vicinity of, the application
site and the change in the character of the landscape that this proposal would bring.
On this basis, and for positioning of a turbine in close proximity to a core path Scotways
objects to this development.
Historic Environment Scotland (HES)
5.38 HES object to the development because the proposals would have a significant
adverse impact on the integrity of the setting of Dumbarton Castle scheduled
monument. These impacts would be of a severity that raises issues of national interest.
The proposals therefore do not align with national policy as set out in the Historic
Environment Policy for Scotland (HEPS) and the National Planning Framework
(NPF4). 
NatureScot
5.39 The location, size and scale of the proposed development represents a step change
in proximity and prominence of wind farms on the southern area of the Loch Lomond
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and Trossachs National Park. NatureScot consider that the proposal would have
significant adverse effects on six of the Special Landscape Qualities (SLQs) of the
National Park and as such that the objectives of the designation and overall integrity
of the area would be compromised. NatureScot advise that the proposed development
may therefore not meet Policy 4 (c) of National Planning Framework 4 (NPF4) due to
the adverse impact upon the National Park and National Scenic Area. In NatureScot’s
view these effects cannot be readily mitigated. NatureScot therefore object to this
proposal. 
5.40 NatureScot agree with the applicant’s assessment that various designated sites,
including European sites and Sites of Special Scientific Interest (SSSIs), will not be
adversely affected. 
Loch Lomond and the Trossachs National Park
5.41 The National Park Authority objects to the proposal for a variety of reasons as follows.
Given the extremely large turbine size, the proposed development would often appear
dominant or very prominent in the backdrop to the southern part of Loch Lomond and
its associated rural setting. With a very intrusive and industrial appearance, the
turbines would considerably detract from, contrast with and often compromise a very
large number of Special Landscape Qualities and key characteristics that are integral
to defining this iconic part of the National Park. The views and visual amenity of a very
large number of visitors and residents of several settlements would be subject to
widespread significant visual effects. Parts of at least (approximately) 75km of
nationally important recreational routes would be subject to significant visual impacts.
The proposed development would compromise the objectives of the National Park
designation and its overall integrity. The proposed development would conflict with
national and local landscape-related policy.
Kilmaronock Community Council (KCC)
5.42 The Community Council object to the proposal for a variety of reasons. These include
that the energy that could be generated is insignificant to the national strategy as
detailed in UK’s Energy Security Plan. The scale of the development is too high for its
location and will result in an adverse visual impact. The proposal will result in the
destruction of nationally designated peat bogland and have a negative impact on
biodiversity (especially during construction). Biodiversity enhancement would not
result from the proposal. The proximity to housing and impact upon property values is
raised as is light pollution from the aviation lights. 
Balloch and Haldane Community Council 
5.43 The Community Council object to the proposal due to the proximity to the National
Park. This is contrary to the policy position within NPF4.
6. REPRESENTATIONS
6.1 A review of the Scottish Government’s Energy Consents Unit website case file for this
application has shown that 49 representations have been received from third parties,
39 are in objection, 8 are in support and 2 which highlight points of concern but do not
specifically express either being in objection or in support of the proposal.
Representations have been received from local residents, visitors to the area, Friends
of Loch Lomond and The Trossachs, the Woodland Trust, Strathavan Airfield Ltd, Pam
Gosal MSP and Jackie Baillie MSP.
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6.2 The letters of objection raise issues relating to the summarised points as follows:
Visual impacts
• Concerns over landscape and visual impacts, noting the scale of turbines would
dominate the landscape and skyline and would also require visible aviation
lighting.
• The height of the turbines makes them amongst the tallest proposed for an
onshore wind farm in the UK.
• Concerns regarding the spatial density of the proposed windfarm
• Particular concerns regarding the detrimental impact on the setting of the National
Park.
• Residential visual amenity impact.
Impact upon Heritage
• Heritage impacts including on Dumbarton Castle.
Aviation matters
• Proximity to Glasgow Airport flightpaths.
• Concern on impact on Glasgow Airport’s SVFR corridor and that a typical light
aircraft in bad weather, using SVFR, at 60 knows would be just 15 seconds flying
• Serious concern raised about the turbulence plume.
Trees and woodland
• There will be a loss of two veteran beech trees noted as alongside loss of 0.06
hectares (ha) of Barr Wood an area of woodland designated on NatureScot’s
Ancient Woodland Inventory
• Concerns about potential indirect impacts on Lang Craigs and other areas of
ancient and long-established woodland in the locality that may be subject to
increased recreational pressures and resulting deterioration.
Residential amenity
• Concerns regarding noise impacts.
• Concerns regarding shadow flicker.
• Concerns for potential vibrations being emitted.
• The development ignores the 2km separation guidelines between windfarms and
residential properties.
Health and safety
• Safety concerns in relation to the BESS including fire risk.
• Concerns regarding the impacts on physical and mental health.
Ecology and biodiversity
• Damage done to habitats of animals.
• All except T5, T8 and T9 appear to be on areas of peat.
Other matters
• There is no benefit to community.
• The developer is from Ireland and therefore the “profits” will not be in the local
area.
• Tourism is one of the main employers and will be compromised.
• Precedent will be set for further development.
• The output is small compared to the need for energy generation.
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• No need for the proposal given the constrained operation of wind farms currently
and economic costs to consumers through constraint payments.
6.3 The letters of support raise issues relating to the summarised points as follows:
Energy generation benefits
• The proposal will maximise renewable energy sources.
• Land-based wind power and energy storage systems are the cheapest and most
readily available technologies for rapidly decarbonising the atmosphere and
improving the country’s energy security.
• The National Park area possesses a unique combination of advantages for
renewable energy production, storage and distribution.
• The project will produce enough electricity to power approximately 50,000 average
UK homes.
• The project will make a significant contribution to UK and Scottish Government
emission reduction targets.
• It a highly suitable wind turbine site.
Access improvements
• Improved access would lead to an increase in recreational use.
Economic and community benefits
• “Community Benefit” funds which may arise from such developments being
applied to help provide for the preservation, promotion and appreciation of the
special qualities of the Parks and their surrounding areas, thereby benefiting
nature, visitors, communities and businesses.
• The proposed wind farm will create jobs for the local area.
Other matters
• These turbines will in no way detract from their surroundings.
• They will not in any sense impact on the majority of people’s enjoyment of the
area.
• There are various measures being proposed to improve the environment on the
moorland area which will have further local benefits.
• The proposed site for the windfarm on bleak moorland and is currently seldom
visited as it has poor access.
• People are also very adaptable and quickly get used to new features.
6.4 Whilst many of the points raised both in objection and in support are considered as
part of the Council’s wider assessment of the proposal as set out in Section 8 below, it
is for the Scottish Ministers as the determining authority to consider the representations
submitted to them.
7. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
National Planning Policy 4
7.1 NPF4 aims to create places in line with six overarching spatial principles, including the
Just Transition and Rebalanced Development. The Just Transition directs
development towards achieving the transition to net zero in a way that is inclusive and
fair. Rebalanced Developments directs development to areas of past decline, which
would include West Dunbartonshire, given the de-industrialisation that has taken place
in the area. While these are high level principles, they are cross cutting and NPF4
contains a clear steer that outcomes of Policy 1, Policy 2, Policy 11 and Policy 25 are
interlinked. 
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7.2 Strategic Renewable Electricity Generation and Transmission Infrastructure is a
Scotland wide national development (National Development 3), making it a clear
priority across Scotland. Regional Spatial Priorities for the Central Region also direct
development to “provide net zero energy solutions” and to “build community wealth to
overcome disadvantage”. These high level aims and connections between policies
should be considered by the decision maker.
7.3 Policy 1 gives significant weight to the climate and nature crisis, with an intended policy
outcome of being zero carbon and nature positive. Renewables, including onshore
wind and battery storage, are considered an important part of Scotland’s approach to
meeting its carbon emission reduction targets. Policy 2 requires development to
minimise the lifecycle greenhouse gas emissions of development as far as possible.
An important element in the case of this development is the location of the turbines
and infrastructure, and borrow pits, relative to the location of peat and other carbon
rich soils.
7.4 Policy 3 requires development to contribute to biodiversity enhancement, including the
restoration of degraded habitat and improving connections between them. As a
national development part b) of the policy applies. Part d) of this policy also applies,
requiring the planning and design of development to minimise adverse impacts,
including cumulative impacts, of the development on biodiversity and the natural
environment. 
7.5 Policy 4‘s intent is to protect, restore and enhance natural assets making best use of
nature-based solutions. Part a) of the policy does not support development where the
type, location or scale will have a significant effect on an unacceptable effect on the
natural environment. Part b) of the policy, sets out a requirement for an appropriate
assessment. Part c) of the policy sets out the limited criteria in which development will
be acceptable where it will affect a National Park, National Scenic Area, SSSI or
National Nature Reserve. While the proposal is not within the Loch Lomond and the
Trossachs National Park it will be visible from the National Park. Part d) of the policy
identifies the limited circumstances where development within local landscape
designations and nature conservation sites are acceptable. Which are: i. The
objectives of designation and the overall integrity of the areas will not be compromised;
or ii. Any significant adverse effects on the qualities for which the area has been
designated are clearly outweighed by social, environmental or economic benefits of at
least local importance. 
7.6 Policy 5 relates to soils. Part a) of this policy addresses the need to avoid and minimise,
in line with the mitigation hierarchy, disturbance to soil and undeveloped land to protect
it from erosion, compaction and sealing. Part c) ii. of this policy enables the
development of renewable energy generation on carbon rich soils where it optimises
the contribution to greenhouse gas emissions. Part d) of this policy requires developers
to undertake assessments of the depth, condition and quality of carbon rich soils,
effects of development on the peatland and the net effects on climate emissions and
loss of carbon. Policy 6 supports proposals that enhance, expand or improve woodland
and tree cover. Part b) of the policy states that loss of ancient woodland, veteran trees,
or woodland of high biodiversity value is not supported.
7.7 Policy 7 requires development with potential impacts on historic assets or place to be
accompanied by an assessment of that asset or place, including cumulative impacts.
There are a number of non-designated heritage assets within the site boundary,
including archaeological remains meaning that part o) of the policy applies. At a
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distance of up to 20km from the site are listed buildings, historic battlefields, Gardens
and Designed Landscapes. This means that parts i) and j) also apply. 
7.8 Proposals within a greenbelt are covered in Policy 8. The access track for the
development Is located within the green belt. Development proposals within a green
belt designated within the LDP will only be supported in a limited set of circumstances
including for essential infrastructure. The proposal falls into the definition of essential
infrastructure. 
7.9 Policy 11 relates to energy and the policy intent is to encourage, promote and facilitate
all forms of renewable energy development onshore and offshore. This includes
energy generation, storage, new and replacement transmission and distribution
infrastructure and emerging low-carbon and zero emissions technologies including
hydrogen and carbon capture utilisation and storage (CCUS). Part a) policy supports
proposals for renewable technologies, including wind farms under part i. and battery
storage under part iii. Wind farm proposals are not supported in National Parks as
stated in part b). The proposal is not within the Loch Lomond and the Trossachs
National Park.
7.10 Part c) of the policy requires renewable development to maximise economic impact,
including local and community socio-economic benefits. Part e) of the policy requires
the project design and mitigation to address a number of issues. In considering the
impacts significant weight is placed on the contribution of the proposal to greenhouse
gas emission reduction targets. Impacts to be addressed are: 
i. impacts on communities and individual dwellings, including, residential amenity
and visual.
ii. significant landscape and visual impacts.
iii. public access, including impact on long distance walking and cycling routes
and scenic routes.
iv. impacts on aviation and defence interests including seismological recording.
v. impacts on telecommunications and broadcasting installations, particularly
ensuring that transmission links are not compromised.
vi. impacts on road traffic and on adjacent trunk roads, including during
construction.
vii. impacts on historic environment.
viii. effects on hydrology, the water environment and flood risk.
ix. biodiversity including impacts on birds.
x. impacts on trees, woods and forests.
xi. proposals for the decommissioning of developments, including ancillary
infrastructure, and site restoration.
xii. the quality of site restoration plans including the measures in place to safeguard
or guarantee availability of finances to effectively implement those plans.
xiii. cumulative impacts.
7.11 Policy 12 requires development to reduce, reuse or recycle materials in line with the
waste hierarchy. It also supports developments that enable materials and components
to be disassembled and reused at the end of their life. 
7.12 Policy 13-part b) supports development where it is demonstrated that transport
requirements are considered within the sustainable travel and investment hierarchies
and sets out a list of criteria development should comply with. In order to meet these
policy requirements the design of the junction will be required to meet par iv of the
policy, by being designed to incorporate safety measures, including safe crossings and
the reducing the number and speed of vehicles. Part g) of this policy states that
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proposals that have the potential to impact the Strategic Transport Network (which
includes trunk roads in the definition provided in NPF4s glossary) will be fully assessed
with regards to capacity and safety.
7.13 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. Development
proposals that are poorly designed, detrimental to the amenity of the surrounding area
or inconsistent with the six qualities of successful places, will not be supported in
accordance with Policy 14.
7.14 Policy 18’s intent is to encourage, promote and facilitate an infrastructure first approach
to land use planning, which puts infrastructure considerations at the heart of
placemaking. Energy supplies and energy generation are included in the definition of
infrastructure. Part a) of the policy states that development proposals which provide
(or contribute to) infrastructure in line with that identified as necessary in LDPs and
their delivery programmes will be supported. 
7.15 Policy 22-part a) states that Development proposals at risk of flooding or in a flood risk
area will only be supported in a limited set of circumstances, including for essential
infrastructure where the location is required for operational reasons. 
7.16 Policy 23 protects people and places from environmental harm, mitigates risks arising
from safety hazards. Part e) notes that development proposals that are likely to raise
unacceptable noise issues will not be supported.
7.17 Alongside part c) of policy 11, Policy 25 makes community benefit a material
consideration in planning decision. Part a) of the policy sets out that community benefit
can include “improving community resilience and reducing inequalities; increasing
spending within communities; ensuring the use of local supply chains and services;
local job creation; supporting community led proposals, including creation of new local
firms and enabling community led ownership of buildings and assets.”
7.18 Policy 32 is relevant due to the borrow pits included to construct the development. Part
d) of this policy sets out the circumstances under which the sustainable extraction of
minerals will be supported. Part e) of the policy sets out where borrow pits are
supported. This includes that they are time limited, that they comply with the other
criteria within the minerals policy in part d) of the policy, and appropriate restoration
proposals are enforceable.
7.19 The matters relevant to the assessment against the above policies are addressed in
detail in Section 8 below. Based on that assessment, it is concluded that the proposal
is not in accordance with NPF4.
West Dunbartonshire Local Plan (2010)
7.20 The application site is located within the Kilpatrick Hills Local Landscape Area. Whilst
at the time of writing Policy RSA1 related to the former Regional Scenic Area, the
overarching position with remains relevant in conserving the high-quality landscape of
the Kilpatrick Hills as an important Area. There is a general presumption against
proposals that would have an adverse impact on the landscape quality, character,
visual amenity, or nature conservation value of the area. 
7.21 Policy DC6 relates to renewable energy proposals and states that development will be
permitted where it can be established without unacceptable detriment to the
landscape, natural and build heritage, sport and recreation interests and local amenity.
Development should be considered against the following criteria: visual impact and
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effect on landscape character, including the landscape character of the Kilpatrick Hills
RSA; nature conservation interests; the historic environment and its setting, including
scheduled ancient monuments; local amenity such as noise, traffic or broadcast
interference; and any cumulative impact. 
7.22 Policy E1 states that the Council will further the conservation of biodiversity. Policy
E2A lays out the requirement for development that are likely to have a significant effect
on a Natura 2000 site. Policy E2B sets out the circumstances in which development
that affects a Site of Special Scientific Interest (SSSI) may be permitted. Policy E3A
states that the Council will seek to maintain and enhance the environmental resources
of the Plan area by protection of habitats, species and natural features which are
vulnerable and/or specifically protected, including Local Nature Conservation Sites. It
also states that proposals should not have an adverse effect on the integrity or
character of Local Nature Conservation Sites and that satisfactory arrangements for
habitat creation/site enhancement elsewhere should be made to compensate where
development would cause the total or partial loss of a Local Nature Conservation Site.
There are five Local Nature Conservation Sites (LNCS) which could be impacted by
the development, either directly or indirectly Policy E5 relates to development affecting
trees and states that Development proposals should take account of trees at the
beginning of the design process. Policy SUS1 states that all development should seek
to conserve and enhance environmental resources and ensure environmental impact
is minimised. Policy E9 seeks to ensure that development proposals do not adversely
impact upon landscape character. 
7.23 Policy GB 1 - Green Belt The proposal takes access through a section of Green Belt
as designated in both the adopted Local Plan and proposed Local Development Plan
2 and as such Policy GB 1 applies. This policy states that within the areas of Green
Belt there will be a general presumption against development other than certain
exemptions. This includes where there is a specific locational requirement and
established need for the development and it cannot be accommodated on an
alternative site. 
7.24 Policy GD1 seeks to ensure that all new development is of a high quality of design and
respects the character and amenity of the area. Policy DC3 states that within the
Glasgow Airport Safeguarding Zone, development which adversely affects the
operational integrity or safety of the airport will not normally be permitted.
7.25 Policy BE2 seeks to ensure the setting of listed buildings is not adversely impacted
upon and Policy BE5 relates to Scheduled Ancient Monuments and other
Archaeological sites. The Council will resist any development proposals that would
have an adverse impact on or affect the setting of a Scheduled Ancient Monument, or
upon other nationally or locally important archaeological sites. Policy BE7 further seeks
to ensure that Gardens and Designed Landscape designations are not adversely
impacted upon. 
7.26 Policy GN1 seeks to promote, protect and improve the Green Network. It states that
development which is detrimental to the green network will be considered contrary to
the Plan, and that new development should contribute positively to the protection and
improvement of the green network. The Kilpatrick Hills are recognised as an important
green network resource in West Dunbartonshire owing to their landscape value, the
habitats and species found there and the outdoor recreation opportunities they offer.
7.27 The Council will encourage responsible pedestrian, cycle and horse-riding access,
access to inland waterways, and will pursue opportunities to establish additional paths
in accordance with Policy R5. 
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7.28 The matters relevant to the assessment against the above policies are addressed in
detail in Section 8. Taking that assessment into account it is concluded that the
proposal is contrary to adopted Local Plan. 
8. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
8.1 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, although
it does not directly affect the development proposal under consideration. 
8.2 Whilst Policy RE2 of the proposed Plan relates to the Spatial Framework for Wind
Energy and would previously have been relevant, it conflicts with the approach set out
in Policy 11 of NPF4. Policy 11 of NPF4 therefore has primacy.
8.3 Any development proposed within the Kilpatrick Hills Local Landscape Area must;
protect and enhance the landscape character; protect and enhance the integrated
network of habitats and important geological features; and protect and enhance the
Hills as an accessible recreation resource in accordance with policy KH1. Policy GB1
restricts development in the green belt to a limited number of circumstances. This
includes with infrastructure with a specific locational need.
8.4 Policy ENV1 sets the approach towards development and designated sites. Policy
ENV2 relates to landscape character. Development proposals should be sited and
designed to relate to the local landscape character of the area and ensure that the
integrity of this landscape character is maintained and, where appropriate, enhanced.
Policy ENV3 restricts development resulting in the disturbance, drainage or excavation
of peat, with the exception of renewable energy where a balance of advantage in terms
of climate mitigation is achieved. Policy ENV4 relates to forestry, trees and woodland.
The loss or fragmentation of long-established woodland, high conservation value or
areas covered by tree preservation orders will only be supported where any significant
adverse effects are clearly outweighed by significant social or economic benefits. 
8.5 Policy ENV5 mainly focusses on water courses and water bodies. Hydrology is
important to the upland and peat habitats and so could be considered part of the water
environment. Part d) of the policy addresses minimising pollution of all waterbodies
and ground water resources. Policy ENV8 requires minimisation or adequate
mitigation of any air light and noise pollution resulting from development.
8.6 Policy H4 of the LDP2 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. In this regard, there will be a general presumption against
the establishment of non-residential uses within, or in close proximity to, residential
areas which potentially have detrimental effects on local amenity or which cause
unacceptable disturbance to local residents.
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8.7 Policy CON3 is not supportive of development which disrupts or adversely impacts on
any existing or potential core path, right of way, bridle path, or footpath, including off-
path access rights, used by the general public for recreational or other purposes. 
8.8 Policy BE1 states that unscheduled archaeological sites should be preserved insitu
where possible. Where not possible, provision should be made by the developer to
undertake the excavation, recording analysis, publication and archiving of the
archaeological remains. Policy BE2 and BE7 take the same position in relation to
Listed Buildings and Garden and Designed Landscapes as the adopted Plan.
Development that would adversely impact on the operations of Glasgow Airport or
would be adversely affected by aircraft noise will not be permitted in accordance with
Policy E7. 
8.9 The borrow pits would constitute mineral workings and proposals for new mineral
workings will only be supported under Policy MIN1 where it is demonstrated that there
would be no significant negative impact, either individually or cumulatively, from
mineral workings on: a) The natural environment, including habitat networks, peat and
other carbon rich soils; b) The green network, including path networks; c) Landscape,
including visual impact; d) Built heritage, particularly Scheduled Monuments and other
archaeology; e) Residential amenity and the operation of other businesses; f) Trunk
and Local Road Networks.
8.10 Policy CP1 requires new development to take a design led approach to creating
sustainable places which puts the needs of people first and demonstrate the six
qualities of successful places. Policy CP2 requires all development to demonstrate that
green infrastructure has been integrated into the design approach from the outset.
8.11 The matters relevant to the assessment against the above policies are addressed in
detail below. It is concluded that the proposal is not in accordance with proposed Local
Development Plan 2. 
Kilpatrick Hills Local Landscape Area – Statement of Importance
8.12 This Statement of Importance explains the reasons why the Kilpatrick Hills have been
selected for the designation. The special qualities of the Kilpatrick Hills are identified
as being:
• Strong sense of remoteness, wildness and open horizons;
• Distinctive geomorphology and topographical features; and
• A unique diversity of views.
8.13 The impact of the proposed development on these special landscape qualities of the
Kilpatrick Hills is assessed below, and it is concluded that the proposal would
significantly detract from the special qualities of the Local Landscape Area.
Renewable Energy Local Development Plan (Proposed Plan) Planning Guidance
November 2016
8.14 This guidance is written in the context of proposed Local Development Plan 1 together
with Scottish Planning Policy (SPP), both of which no longer form a material
consideration in the assessment of planning applications. This document provides
guidance on planning for wind energy including a Spatial Framework and guidance on
the factors that will be considered in assessing wind energy proposals. The spatial
framework applies to “wind farms” which are defined by the Council as:
• Any development containing a turbine of 50m and above to tip height; or
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• Any development of 3 or more turbines, containing a turbine of 30m above to tip
height.
8.15 As this proposal is for ten turbines and 250m to blade tip it would have fallen within the
threshold for assessment under the spatial framework. However, the Spatial
Framework conflicts with the approach set out in Policy 11 of NPF4. Policy 11 of NPF4
therefore has primacy over this guidance. 
8.16 Notwithstanding the above, many of the matters for which guidance is provided remain
relevant to the assessment of a proposal of this nature. This includes considering
matters pertaining to landscape character, forestry and woodland, the water
environment, the path network, built heritage, aviation, residential amenity in respect
of noise, shadow flicker and visual intrusion, economic benefit, contribution towards
renewable energy targets, effect on soils, impact on the road network and
decommissioning. These matters are fully assessed in detail below.
Scottish Government Draft Planning Guidance: Biodiversity
8.17 This guidance sets out the Scottish Ministers’ expectations for implementing NPF4
policies which support the cross-cutting NPF4 outcome ‘improving biodiversity’. Core
principles which can be followed when designing development so that nature and
nature recovery are an integral part of any proposal are laid out within the document.
Biodiversity matters are fully assessed below.
Scottish Government’s Policy on Control of Woodland Removal
8.18 This policy provides a strategic framework for appropriate woodland removal. Whilst
there is a strong presumption in favour of protecting Scotland’s woodland resources it
is also noted that woodland removal, with compensatory planting, is most likely to be
appropriate where it would contribute to a list of outcomes including helping Scotland
mitigate and adapt to climate change. No specific concerns arise with reference to this
policy, and this is a document for the Scottish Ministers to consider in detail with
reference to the proposal.
Principle of Development
8.19 National Planning Framework 4 (NPF4) sets out the long-term vision for the
development of Scotland through the National Spatial Strategy. NPF4 aims to meet
Scotland’s climate ambition which will require a rapid transformation across all sectors
of the economy and society. This proposal constitutes a National Development as it
supports renewable electricity generation, repowering, and expansion of the electricity
grid under National Development 3: Strategic Renewable Electricity Generation and
Transmission Infrastructure. NPF4 recognises that additional electricity generation
from renewables and electricity transmission capacity of scale is fundamental to
achieving a net zero economy. Policy 1 of NPF4 states that there is a need to
encourage, promote and facilitate development that addresses the global climate
emergency and nature crisis, whilst Policy 2 seeks to encourage, promote and facilitate
development that minimises emissions and adapts to the current and future impacts of
climate change. The electricity generated will be from a renewable source with the
additional battery storage element of the proposal additionally ensuring grid stability
given the intermittent nature of renewable energy generation. 
8.20 Whilst it can be considered that the proposal could therefore be held to support the
overarching aims of the NPF4 to achieve net zero targets and provide a stable
domestic energy supply, it must be ensured that such development happens in the
right place. There is thus a requirement in assessing any such developments to take
into account all relevant considerations and policies. Therefore, it must be assessed if
there are any potential adverse impacts arising from the proposed development which
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would be outweighed by any benefits. This assessment can be guided by Policy 11(e)
of NPF4 which sets out in detail the matters for the project design and mitigation to
address. 
Landscape and Visual Impact: Considerations
8.21  The construction of ten wind turbines each to a height of 250m together with the
associated infrastructure, works and battery storage facility at this location will have a
significant visual impact, and this is not in doubt. The applicant sets out in their
submission that most apparent effects of the development in terms of the visual impact
arise from the presence of the wind turbines which are indicated to be temporary. The
applicant’s position is therefore that the impact is reversible as the turbines would be
removed on decommissioning. However, given that it is anticipated that the operational
lifespan of the development is 40 years, the impacts that will occur are considered to
be long term. 
8.22 The geographical extent to which the wind farm would be visible has been established
by a ‘Zone of Theoretical Visibility’ (ZTV). This was created using mapping tools to
calculate where the wind farm will potentially be visible from in the surrounding area,
taking account of topography. The ZTV establishes the locations from which the
turbines may potentially be visible and where there is no visibility, receptors are
discounted from the assessment. ZTV mapping is presented in the applicant’s
submission with both 45km and 20km study areas in order that both the local and wider
context of the proposal can be considered. The ZTV demonstrates that the wind farm,
or parts thereof, would be visible from an extensive area including Dumbarton and the
Vale of Leven, Inverclyde, Renfrewshire, Dunoon, Balfron, Luss and Ben Lomond. 
8.23 As part of the EIA, the assessment of landscape and visual effects is informed by a
series of viewpoints that represent visibility from a variety of different vantage points.
These include recognised viewpoints, designated landscapes, settlements and travel
routes. Vantage points within the settlements of Dumbarton and Alexandria, together
with other vantage points within the Authority area including Dumbarton Rock and
Doughnot Hill are assessed as are vantage points which are within the West
Dunbartonshire part of the National Park such as Balloch Castle and a location on the
John Muir Way to the east of Balloch. A range of viewpoints are also provided from the
wider area including south of the River Clyde at Langbank and Port Glasgow as well
as Luss, Conic Hill, Ben Bowie, Beinn Dubh and Ben Lomond. The visibility of the
windfarm from all these locations indicates potential widespread visual impact. It is
acknowledged that photomontages can be influenced by weather conditions, the
position of the camera and the particular details of the lens used, but they are
nevertheless representative overall in terms of the scale and position of the proposed
turbines relative to the landscape and the skyline. The photomontages focus on the
impact arising from the turbines themselves and do not include associated details such
as the access tracks and battery storage facility. 
Landscape and Visual Impact: Impact adjacent to the site
8.24 Doughnot Hill is a high point situated within the Kilpartick Hills, within the Kilpartick
Hills Local Landscape Area (LLA). It is clear from the visuals submitted that the
proposed turbines will be a very significant feature when viewed from this location, with
the application documents noting that they will be approximately 1500m from the
summit (from where the viewpoint is taken) and extend across 47 degrees of the view.
Doughnot Hill and the surrounding landscape features popular recreational walking
routes extending from Overtoun House. These initially follow the core path network
before extending across open countryside and generally gaining in height. The
landscape is characterised by sweeping moorland together with forestry plantations
and Doughnot Hill provides a local destination for the experience of wilderness and
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because of the views from the summit. Panoramic views are provided from this location
across the Kilpatrick Hills and towards the National Park. The applicant recognises that
this viewpoint has a high susceptibility to change as those who experience this view
would be engaging in outdoor recreation and are likely to have a specific focus on the
scenery and surrounding landscape. The EIA identifies that the combination of the high
susceptibility to change of the view and its medium-high value results in a high
sensitivity for this viewpoint. 
8.25 The proposed turbines would, on the basis of the applicant’s submitted visuals,
comprise an extremely dominant feature within the landscape at this location. They will
impact upon the views over the local landscape and most notably compromise the
views to the northwest towards Loch Lomond and the wider National Park area. The
overall experience of recreational receptors at Doughnot Hill and the surrounding area
would be significantly changed by the development with the overall sense of isolation
being lost. Whilst not included in the visuals, in addition to the turbines themselves, the
network of tracks together with the battery storage site would introduce further visual
man-made clutter which is not presently experienced in the natural landscape. It is
likely that that similar impacts would be experienced from elsewhere within the
Kilpatrick Hills
8.26 Within the wider landscape, a variety of core paths are found, and these facilitate
recreational use. Many of these extend out from the built-up area where usage is likely
to be high with those from the urban area utilising paths close to home and the
magnitude of change experienced by users is likely to be substantial and the visual
impact high. Scotways objects to application noting the adverse impact on the
recreational amenity of the area. 
Landscape and Visual Impact: Impact upon residential properties and settlements 
8.27 The applicant identifies 12 residential properties that lie within 2km of the development
site, the closest of which is Braeburn Cottage at 1.77kms. A Residential Visual Amenity
Assessment (RVAA) has been provided by the applicant in respect of these properties.
All but one of these properties are located along Auchencarroch Road to the northwest
of the proposed site. The final property is Highdykes Farm which is accessed from
Broomhill Crescent to the southwest of the site. Properties would experience varying
degrees of visual impact as a result of the proposed wind turbines. Some properties
would experience impacts limited to only a small number of turbines, or parts of
turbines including hubs and some blades whilst other properties, most notably
Highdykes Farm despite not being the closest residential property at 1.86kms away,
would experience views of all turbines and sometimes viewing much of the structures
themselves with limited screening. Properties would also experience nighttime visual
impacts from the visible aviation lighting required on account of the height of the
proposed turbines.
8.28 The RVAA indicates that seven of the 12 properties included are likely to experience
a significant visual effect as a result of the proposed development. Of these seven
properties, one would have a high magnitude of change (Highdykes Farm). The RVAA
found that the effect on this property would not reach the Residential Visual Amenity
Threshold due to the location of the turbines in a peripheral aspect of the view, so that
the key open view from the property would not be directly affected. It has therefore
been concluded that despite the effect of views of the turbines together with the
impacts associated with the visible aviation lighting, this property, as well as others in
West Dunbartonshire, will not experience such impacts as would be described as
exceeding the threshold of residential visual amenity. The battery storage and other
ancillary developments are not of a scale and nature likely to result in any notable
impacts on residential visual amenity.
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8.29 Turning to the impact upon settlements, it is clear that the proposed turbines would
have a visual impact from the built-up area within West Dunbartonshire. Viewpoint 3
considers the impact from a location beside the A82 near Lomondgate on the north-
western edge of Dumbarton. In the submitted EIA, the applicant sets out that the
proposed turbines are 3.8 kms away from this viewpoint and that the urban edge is
characterised by woodland. The majority of nearby views, including views from
properties, are likely to have some degree of screening by vegetation. The EIA
identifies that the effect on this view would be major and significant. This is due to a
combination of the factors that lead to the medium-high magnitude of change on the
view and the high sensitivity of the viewpoint. The proposed turbines would be very
readily apparent at reasonably close proximity with some turbines seen at nearly full
height on the skyline, increasing their vertical impact. The turbines would not be seen
in the context of the elevated and distinctively upland landscape of the Kilpatrick Hills,
but appear at a lower elevation, with the hill landform screened by intervening
woodland. This has the potential to result in a perceived lack of separation, whereby
the turbines appear to be seen in the same context as the viewpoint.
8.30 Viewpoint 5 considers the impact within the Vale of Leven at a location on the A811 in
Alexandria / Balloch and here, the proposed turbines are identified as being 4.3kms
away. This urban area is characterised by trees and woodland, and the majority of
nearby views, including views from properties, are likely to have some degree of
screening or filtering by vegetation as shown in the photomontage. The EIA identifies
that the effect of the turbines on this view would be major and significant due to a
combination of the factors. The Kilpatrick Hills currently provide an undeveloped
backdrop to the largely urban outlook and the proposed development would introduce
large-scale development into this backdrop. The turbines would be seen in the context
of foreground residential development, with which scale contrasts may arise. 
8.31 For the previous planning application proposal considered in 2013 it was concluded
that the whilst the location of the wind farm is such that it will be visible from residential
areas of West Dunbartonshire, including Balloch, Alexandria and Dumbarton the
impact on these settlements was not considered to be unacceptable, The current
proposal sees turbines within largely the same location but to a height more than
double that previously proposed (250m compared to 110m previously). It is likely that
for receptors within these settlements, attention will be drawn to the turbines on the hill
to the north and the impact will be notable. Given the height of the turbines now
proposed, it is considered that the scale of the proposal will comprise a considerable
feature which has the potential to impact upon a considerable number of receptors
including both residents together with those visiting and passing through these towns.
8.32 In their consultation response which objects to the proposal, The Loch Lomond and
the Trossachs National Park Authority highlight that the settlements of Balmaha
(viewpoint 17), Croftamie, Drymen (viewpoint 14), Gartocharn and Balloch would be
subject to significant effects. The impact upon the National Park is considered in detail
in paragraphs 8.38 to 8.46 below. Whilst not objecting to the proposal, Inverclyde
Council have expressed significant concern regarding the proposal noting that views
outwards from Inverclyde are important to both tourists and residents alike. They are
an environmental and scenic tourism resource. It is such outlooks that assist Inverclyde
in attracting tourists, both day-trippers and passing through. The views have helped
the area to stage major events such as The Tall Ships Race and provide a backdrop
for the many tourists arriving on cruise ships at Ocean Terminal travelling on to
Glasgow. Inverclyde Council therefore set out the desire for these to view to be
retained and is concerned the proposed development would impact on them to their
detriment. The potential impact upon the timber ponds at Parklea is raised as a
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concern as would the significant impact on the skyline when viewed from Port Glasgow
(viewpoint 18) and Greenock (viewpoint 25). It is concluded by Inverclyde Council that
the proposal would be out of scale with the surrounding topography to the extent it
would impact negatively on the views from Inverclyde and from the Firth of Clyde. 
8.33 Overall, it is considered that the proposal has the potential to result in wide ranging
significant and adverse visual impact from a variety of locations.
Landscape and Visual Impact - Landscape Character
8.34 Landscape character is the distinctive pattern of elements that occurs consistently in a
landscape leading to the way that it is perceived. Landscape sensitivity is concerns
with the inherent character of the landscape and the likelihood that this character would
be changed by the introduction of development. Landscape capacity refers to the
degree to which a particular landscape type or area is able to accommodate change
without significant effects on its character, or overall change of landscape character
type. As the ZTV for the proposed development would extend over a wide area, it would
have an impact on numerous different landscapes. The NatureScot 2019 dataset
divides the landscape into tracts that are referred to as landscape character types
(LCTs). Ten LCTs are included in the detailed assessment within the EIA due to level
of influence and visibility of the proposed development. The EIA identifies the vast
majority of the proposed development lies within Rugged Moorland Hills LCT. This
designation covers the southern part of the Kilpatrick Hills, as well as parts of the
Campsies/Kilsyth Hills and Renfrewshire Heights. The proposal would be seen as a
new man-made element within the open hills and may affect the sense of scale of the
landscape.
8.35 The applicant’s EIA sets out that the effects on the Kilpatrick Hills element of Rugged
Moorland Hills LCT would vary. The effect on southern and south-eastern parts are
considered not to be significant due to lack of or very limited visibility and influence of
the proposed development. The EIA does highlight that there would, however, be a
major or major/moderate and significant effect on the Site area itself and the areas in
closer proximity that gain visibility of the majority of the proposal. Whilst the EIA
contends that the “sense of apparent naturalness, wild character and remoteness” of
the northern part of the Kilpatrick Hills has been affected by the Auchencarroch
Recycling and Resource Management Facility, which lies approximately 500m to the
north of the nearest turbine in the proposed development, the Council considers that
this facility does not form a prominent feature within the landscape which impacts upon
the Kilpatrick Hills beyond its immediate setting and the topography of the site reduces
its impact.
8.36 In further considering the range of LCT assessed within the EIA, significant effects
within part of the area are identified within Lowland Hill Fringes – Central, Lowland
Loch Basin – Loch Lomond and the Trossachs, Lowland Loch Basin – Islands, Open
Ridgeland – Glasgow and Clyde Valley, River Valley Farmland and Estates, Rolling
Farmland – Glasgow and Clyde Valley and Rolling Farmland - Loch Lomond and the
Trossachs. In their consultation response, the National Park Authority also highlight
Highland summits and Steep Ridges and Hills LCT noting that as illustrated in
Viewpoint 29 from Ben Lomond the turbines would appear very noticeable in the lower-
lying backdrop to Loch Lomond. The introduction of large-scale industrial infrastructure
would detract from the appreciation of several key characteristics that exhibit a semi-
natural, natural and/or wild and rugged character. Significant effects are predicted on
open parts, including from Ben Lomond.
8.37 It is considered that there would be potential for a significant impact on the character
of the landscape. The scale of the turbines proposed is such that there are no existing
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features in the landscape which are of a similar size or scale. The development
comprises extremely large turbines which are more likely to be suited to areas where
they may benefit from separation distance between communities and sensitive
receptors without exerting an inappropriate influence on the sensitivities of the
Kilpatrick Hills. Inappropriately scaled and sited turbines have the potential to diminish
the apparent scale of landscapes to the detriment of landscape character, and also to
impinge upon the appreciation of the landscape from viewpoints valued for their scenic
qualities. 
Landscape and Visual Impact - Loch Lomond and the Trossachs National Park 
8.38 The application site is located around 1.7km from the edge of the National Park
boundary, which is one of only two National Parks in Scotland. In their consultation
responses to the Scottish Ministers, both the National Park Authority and NatureScot
object to the proposal. The Park note that it was consulted on the previous proposal
for a wind farm in the Kilpatrick Hills, raising an objection due to the predicted
significant adverse visual impact. The Park specifically note that the turbines now
proposed would be up to 250m to blade tip height which is more than double the height
of the previous proposal. Currently, the closest operational windfarm to the southern
boundary of the National Park, is Corlic Hill/Inverclyde which is 14km southeast and
has 8 turbines which are 110m high to blade tip. Both the National Park Authority and
NatureScot consider that the location, size and scale of the proposed development
represents a step change in respect of the proximity and prominence of wind farms to
the National Park, and the scale of the wind turbines (being more than twice the size
of the closest operational wind farm). 
8.39 Although the National Park is not itself a landscape designation, the landscape is one
of the main reasons for which the Loch Lomond and Trossachs area is designated as
a National Park. National Parks are defined as extensive areas of the very highest
value to the nation for their scenery and wildlife, and their cultural value. The Park is
valued for the scenic quality of its landscape due to its diverse landscape character.
Some of the special qualities identified in the Park include diverse landscapes and
diverse experiences, mountains and moorlands. Whilst the Kilpatrick Hills are outwith
the National Park boundary, they contribute to the landscape setting of the National
Park, appearing as a natural landscape boundary close to its southern edge.
NatureScot notes that the size of the proposed turbines and their anticipated
prominence in southward views on the skyline formed by the Kilpatrick Hills would
conflict with the current expansive large scale of the landscape where human elements
are currently small in scale.
8.40 In the consultation response from the National Park Authority it is highlighted that the
Special Landscape Qualities of Loch Lomond and Trossachs National Park Report
2010 commissioned by NatureScot defines special landscape qualities as the
characteristics that, individually or combined, give rise to an area’s outstanding
scenery. The general special landscape qualities which apply to the entire National
Park are: 
• A world renowned landscape famed for its natural beauty;
• Tranquillity;
• Wild and rugged highlands contrasting with pastoral lowlands;
• Settlements nestled within a vast backdrop;
• Famous through routes; and
• The easily accessible landscape splendour.
8.41 The applicant’s Landscape and Visual Impact Assessment (LVIA) predicts significant
effects on two Special Landscape Qualities (SLQ) within the National Park. The first of
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these is Wild and rugged highlands contrasting with pastoral lowlands where it is set
out that the proposal would have some effect on the perceived wildness of upland
landscapes. The second is Immensity of loch and landscape where the applicant
judges the effect to significant as while the majority of this SLQ would not be affected,
in areas where they are clearly apparent the turbines can lead to scale comparisons
that alter the baseline perception of the “Immensity of loch and landscape”.
8.42 Both the National Park Authority and NatureScot consider the applicant’s assessment
of the Special Landscape Qualities of the National Park underplays the significance of
effects. In the consultation response, it is set out that National Park Authority’s
Landscape Adviser predicts significant effects on these and an additional eight of the
Special Landscape Qualities as follows: 
• A world-renowned landscape famed for its rural beauty
• Settlements nestled within a vast natural backdrop
• Famous through routes/ The easily accessible landscape splendour
• Tranquillity
• Two lochs in one
• A multitude of beautiful islands
• Ben Lomond, widely known, popularly frequented
• Banks of broadleaved woodland
8.43 The Park Authority’s consultation response goes on to set out that with a very intrusive
and industrial appearance, the proposed turbines would significantly detract from,
contrast with and often compromise a very number of Special Landscape Qualities and
key characteristics that are integral to defining this iconic part of the National Park.
“Settlements nestled within a vast natural backdrop” is highlighted as an example in
the response including the southern setting of Loch Lomond and the surrounding rural
landscape. This area has a long and rich history of habitation with houses and other
structures confined to lower-lying land. These settlements are often small-scale,
nestled within the backdrop of vast landforms of mountain, hill, glen and loch. This
gives a strong sense of surrounding, all-enveloping nature which would be
fundamentally compromised by the introduction of highly intrusive turbines. This
includes the settlements of Balmaha, Croftamie, Drymen, Gartocharn and Balloch
which would be subject to significant effects. 
8.44 Similarly, “Immensity of loch and landscape”, with Loch Lomond being the largest
expanse of freshwater in Britain with surrounding mountains and hill ranges, the
landscape and sense of place is expansive and large-scale. By comparison, human
made elements appear small and modest, they are barely discernible against the larger
backdrop and substantial horizontal landmass. With the introduction of highly intrusive
turbines, the naturally majestic surroundings where human made elements appear
small and modest would be fundamentally compromised, as would the enjoyment of
the highly scenic setting provided by the wide range of recreational infrastructure
around the loch, affecting the experience of a very large number of people. NatureScot
are also concerned at the impact upon this Special Landscape Quality noting that the
size of the proposed turbines and their anticipated prominence in southward views on
the skyline formed by the Kilpatrick Hills would conflict with the current expansive large
scale of the landscape where human elements are currently small in scale. The effect
would be significant within the southern area of the Park. NatureScot go on to consider
that a further five SLQs would experience significant effects as follows:
8.45 The National Park Authority recognise the key strategic role that renewable energy
development has to play in addressing the climate crisis but consider the proposal to
present a significant visual intrusion, including on some of the most iconic views
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enjoyed by visitors and our communities. Both the National Park and NatureScot
consider that there would be significant adverse effects on the Special Landscape
Qualities of the National Park and the Landscape Character Types which define what
is so unique about the National Park. The Park Authority also consider that the
proposal will have a significant detrimental effect on a number of settlements in the
National Park and the experience of views of walking routes, road routes and
viewpoints popular with both visitors and residents in the Park. NatureScot go on to
conclude that they consider that the adverse effects from the proposal are unlikely to
be overcome through re-design or removal of turbines.
8.46 Whilst it is accepted that the proposed turbines will not be visible or prominent from
large parts of the Park due to its location and the distances involved, it will be extremely
visible from some of the most important, iconic and popular areas such as from the
Loch itself, Luss, Conic Hill and parts of the West Highland Way. Although the EIA
concludes that only two of the Special Landscape Qualities of the Park will be
significantly affected, it is considered that the actual impact will be far greater and this
view is strongly supported by both NatureScot and the National Park Authority in their
objections to the Scottish Ministers. Being guided by the detailed assessment
undertaken by both the National Park Authority and NatureScot, it is considered that
the proposal will have a detrimental and unacceptable impact due to the significant
adverse impacts on the landscape setting of the National Park and it is concluded that
the potentially significant impacts on the Park resulting from the proposal are not in
doubt. 
Landscape and Visual Impact - National Scenic Areas (NSA)
8.47 NSAs are defined as areas of outstanding scenic value in a national context. There are
three NSAs within the 45km ZTV. These are: Kyles of Bute NSA, Loch Lomond NSA
and The Trossachs NSA. The Kyles of Bute NSA lies at least 37km to the west of the
proposal and is shown to gain no theoretical visibility. The Trossachs NSA is at least
23.5km north-north-east and is shown to gain minimal theoretical visibility, restricted
to localised high points, including Ben Venue (Viewpoint 31). These two locations are
not assessed any further in the EIA and there is no objection to this approach. Loch
Lomond NSA is located within National Park. 
8.48 Whilst it is accepted that the proposed wind farm would not be visible from large parts
of the NSA, it would be highly visible from some of the most important, iconic and
popular areas within the NSA. It is considered that due to the extent of the area that
the wind farm will be visible from and the importance of these locations such as on the
Loch itself, Balmaha Harbour and Luss within the NSA, With the concerns regarding
the impact upon the National Park itself, it follows that there are also concerns
regarding the potentially detrimental and unacceptable impact on the landscape setting
of Loch Lomond NSA.
Landscape and Visual Impact - Kilpatrick Hills LLA
8.49 The Kilpatrick Hills stretch from Dumbarton and the Vale of Leven in the west to
Strathblane in the east. The rugged upland landscape provides a stunning backdrop
to the settlements which fringe them, including Balloch, Bonhill and Dumbarton. To the
north of the hills lies the Loch Lomond and the Trossachs National Park. The Kilpatrick
Hills form a distinctive rugged upland landscape, inextricably linked with their
surroundings: ‘borrowed’ views, unique and relatively accessible panoramas, and a
plethora of high-quality vistas, both to and from the Kilpatrick Hills, make the area key
to defining the identity of nearby settlements and in providing a setting for nationally
important landscapes. The local landscape identity of the Kilpatrick Hills is focused
around prominent hills, escarpments, plateau moorland and the abrupt transition from
surrounding urban areas and farmed lower slopes. There is a high perceived quality of
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wildness and sense of apparent naturalness and remoteness, particularly in the central
areas of the Kilpatrick Hills, derived in part from the limited visual influence of modern
development, in contrast to nearby urban areas. 
8.50 Within West Dunbartonshire, the following special landscape qualities of the Kilpatrick
Hills are identified as being of special interest: Strong sense of remoteness, wildness
and open horizons; Distinctive landforms; and A unique diversity of views. The
proposed wind farm will be located within the Kilpatrick Hills LLA and will result in direct
changes to the landscape. The site is readily visible from a wide area and the EIA
concludes that there would be significant effects on these SLQs. In relation to the first
two SLQs, the influence of the proposal is identified as being more apparent in the
north-western part of the LLA, where the proposal is located and from where it has the
highest level of visibility. In the case of views towards the LLA, views from the area
around the north-western part of the LLA would be most affected. In the case of the
third SLQ, the accessibility of the routes themselves would not be physically affected,
but views from the specific routes would be affected. 
8.51 The scale of the turbines proposed is such that there are no existing features in the
landscape which are of a similar size or scale. The proposed turbines will be a
dominant feature within the LLA, particularly from areas close to the turbine locations.
It is therefore likely that the LLA designation, based on the scenic attributes of the area,
will be compromised. The Kilpatrick Hills form a distinctive rugged landscape,
inextricably linked with their surroundings. They are relatively accessible, providing
panoramas and a number of high-quality vistas, both from the LLA including Doughnot
Hill (Viewpoint 1) and to other locations such as the National Park and the Loch
Lomond NSA. They are a key backdrop which helps to define the identity of nearby
settlements and provide a setting for the nearby nationally important landscapes. The
wind farm would detract from the sense of remoteness and wildness provided by the
Kilpatrick Hills. It is considered that locating a wind farm within the Kilpatrick Hills would
have a significant impact on their setting and detract from their uniqueness.
Landscape and Visual Impact - Regional/Country Parks
8.52 Balloch Castle Country Park is situated around 4km from the proposed site. Viewpoint
4 considered the visual impact from the Country Park. The EIA notes that the strong
westwards orientation of landform and extensive woodland cover within the main part
of the Park greatly limits visibility of the proposal with the chosen viewpoint being from
the access road as it will be a view gained by a large number of visitors. The visual
impact from the proposal development at this location is identified as having a
significant effect due to a combination of the factors that lead to the medium-high
magnitude of change on the view and the high sensitivity of the viewpoint. It is noted
that visibility from the main part of the park is identified as being limited. The potential
for impact upon the Balloch Castle Garden and Designed Landscape is discussed
separately at paragraph 8.90.
8.53 The Clyde Muirshiel Regional Park is situated approximately 13km from the proposed
site. Whilst the proposed wind farm may be visible from the Regional Park including
from Misty Law (viewpoint 28), it is concluded in the EIA that the proposal would not
have direct effects within the Park and would not significantly affect the priorities and
objectives of the Park. It is agreed that it is not considered that there would be any
significant or detrimental impact on the setting or character of the Regional Park. 
8.54 The impact upon Mugdock Country Park around 10 km from the proposed site is
considered in the EIA and it is concluded that a combination of limited theoretical
visibility and screening by woodland and forestry within and around the Park would
ensure that actual visibility is likely to be very limited. A viewpoint location was sought
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but could not be identified due to lack of visibility. Gleniffer Braes Country Park is some
18km from the application site and is not considered in the EIA. Due to the distance, it
is not considered there would be any potential for any significant impact. 
Landscape and Visual Impact – Cumulative Impacts
8.55 The proposal would be the first wind farm development to be located in the Kilpatrick
Hills, so there would be no localised cumulative impacts. The LVIA concludes that
there would be no significant cumulative effects arising either from the combined
effects of all wind farms, including the proposal, or from the addition of the proposal to
other wind farms, and as a result, it would not lead to a perception that views or
landscape character are defined by the presence or influence of more than one wind
farm. It is considered that the site is physically and visually well separated from other
large scale wind farm developments. Overall, no cumulative change of significance is
identified in respect of the Kilpatrick Hills, although the proposal could set a precedent
and could have future cumulative consequences for the Kilpatrick Hills and/or the
National Park through wind turbine developments.
Designated sites 
8.56 Whilst there are no statutory nature conservation designations within the site, the
proposed site lies within 100m of two Sites of Special Scientific Interest (SSSI). These
are Dumbarton Muir SSSI to the east and the smaller Auchenreoch Glen SSSI to the
southwest. The EIA sets out that Auchenreoch Glen SSSI is located 68m from the site
boundary and 98m from the route of the proposed access track. Given the distance to
the SSSI and the nature of construction works on the site access, it is not expected
there would be any adverse effects on the qualifying features of this SSSI which
comprise lowland calcareous grassland, and springs (including flushes) and it is
scoped out of the assessment. Dumbarton Muir SSSI is designated for its blanket bog
and raised bog habitats. This SSSI is 75m from the application site and the closest
proposed infrastructure to the SSSI is the turning head to for turbine 4 located 94m
away. The EIA concludes that it is not expected there would be any adverse effects on
the qualifying features of this SSSI. Both SSSIs are scoped out of further assessment.
NatureScot are satisfied that these sites will not be adversely affected by the proposal.
8.57 Five other SSSIs are identified in the EIA as being locations within 5km of the
application site however it is considered that there is no connectivity between t these
designated sites and as such they are scoped-out of the assessment. Endrick Water
Special Area of Conservation (SAC), classified for its salmon, river lamprey and brook
lamprey populations, is 6.8 km downstream of the Proposed Development with partial
hydrological connectivity. Given the distances from the Site the EIA does not anticipate
that any potential effects would materialise on these designated sites, and as such
they are scoped-out of the assessment. NatureScot concludes that they consider it
unlikely that the proposal will have a significant effect on any qualifying interests either
directly or indirectly. 
8.58 The Council’s Biodiversity Officer highlights that the applicant fails to consider or
assess local designations relative to the proposed site. It is identified that there are five
Local Nature Conservation Sites (LNCS) which would be impacted by the
development, either directly or indirectly. These are Murroch Glen, Blairvault Burn and
Pappert Muir, Auchenreoch Muir Bonhill Muir and Pappert Hill, and West Dumbarton
Muir. It therefore cannot be concluded that the development proposal would not result
in any adverse impacts upon locally designated sites. 
Habitat
8.59 The proposed site comprises primarily open upland habitats, with blanket bog and
marshy grassland predominant and accounting for over 73% of the application site.
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The remaining area is made up of smaller proportions of many other habitat types such
as wet dwarf shrub heath, wet modified bog, acid grassland, flushes and bracken.
Direct impacts upon habitats are those which would arise from the land taken for the
development (i.e. the habitats lost to create turbine bases, tracks, borrow pits etc.),
whereas possible indirect impacts might include changes to hydrology due to site
drainage, pollution of watercourses from spillages or run-off, and fragmentation of
habitats as a result of track construction. The EIA identified that over 10.3 ha of various
habitat types would be directly lost as a result of the proposed development. For the
majority of habitat types, no concerns arise in respect of the potential impact and these
are scoped out. 
8.60 One area of ancient woodland falls within the application boundary, and this is
identified as an important ecological feature. The woodland in question is where the
site access is proposed to pass through a narrow strip of woodland known as Barr
Wood. The EIA identifies 0.06hn direct habitat loss to access track infrastructure. The
EIA sets out that the area of ancient woodland to be directly impacted by the
development is primarily comprised of beech with some Scots pine, some immature
birch and a single oak. Due to grazing, there is no underscrub vegetation or
regenerating trees/saplings present. The loss of a narrow of woodland is not
considered by the EIA to lead to any notable potential fragmentation effects. Overall,
the EIA concludes the effect on Ancient Woodland to be minor adverse to not
significant.
8.61 Blanket Bog and Wet Modified Bog are also identified as important ecological features.
The Council’s Biodiversity Officer highlights that Blanket Bog is a priority habitat for
conservation on the Scottish Biodiversity list and also a UK Biodiversity Action Plan
priority habitat for conservation. Blanket bog vegetation coverage is also essential for
the peat development underneath. The proposed development would result in direct
and indirect habitat loss for blanket bog and wet modified bog habitats. Direct loss
would occur in areas where permanent infrastructure such as access tracks, turbine
foundations, and hardstandings are sited on these habitat types. The excavation of
these habitat types for temporary infrastructure would also lead to the losses of blanket
bog and wet modified bog due to the long-term effect on the ecological and
hydrological structure and function of these habitat types. In addition, there may be
indirect losses as a result of drainage around infrastructure and disruption to
hydrological flows and the Council’s Biodiversity Officer highlights that blanket bog is
particularly susceptible to changes in hydrology and any impact for foundations and
access should be approached cautiously. NatureScot consider the loss of blanket bog
and wet modified bog and makes recommendations in respect of the proposed levels
of restoration to achieve offsetting. 
8.62 The EIA is informed by a detailed review of the distribution and depth of peat at the
site and the site design has largely avoided areas of deep peat. Where peat would be
encountered by the proposed development, the EIA details that this can be readily
managed and accommodated within the layout without significant environmental
impact. A Peat Management Plan has been submitted by the applicant and this details
how peat and carbon rich resources on site can be safeguarded. No surplus peat would
be generated, and the limited volumes of peat generated from the proposed
excavations would be used to reinstate track verges, turbine bases, crane
hardstandings and restoration of onsite borrow pits. 
8.63 The Council’s Biodiversity Officer further considers peatland habitat and notes that a
peatland restoration programme on the vast swathes of class 2 peatlands would be
more impactful in terms of net zero commitments and would provide an abundance of
biodiversity benefit whilst retaining the landscape character of the Kilpatrick Hills. The
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Biodiversity Officer goes on to highlight that there is no data provided by the applicant
for 0.5m to 1m depth which is the national standard for determining deep peat. Only
peat depths of over 1m have been provided. It is noted that Turbine 2 is to be situated
on Class 2 peat and Turbine 4 on Class 1 peat. An estimate of 18% habitat loss is
noted, regardless of mitigation or enhancements. Nature Scot also highlights the
requirements for greater ambition in terms of the extent of proposed peatland
restoration and make a variety of recommendations in this respect. It is noted that 90ha
of peatland restoration is offered by the applicant but NatureScot highlight that a figure
of 200ha should be sought.
8.64 Overall, it is considered that subject to suitable mitigation measures including a habitat
management plan together with the following the recommendations from NatureScot
being followed, specifically with reference to peatland restoration, and the Scottish
Ministers ensuring that the impact upon peatland is fully understood taking account of
the comments of the Council’s Biodiversity Officer and minimised as much as possible,
the impact of the proposal upon habitats would likely be acceptable.
Protected and other ecological species 
8.65 Informed by an initial desk study, a protected species field survey has been
undertaken. The Council’s Biodiversity Officer highlights that the survey work focusses
on ornithology and the various surveys highlight the wealth of the species found within
the Kilpatrick Hills and demonstrate the importance of the vast open habitat that the
species recorded require to support them. No field signs of water vole, pine martin or
red squirrel were found on site. Seven features with the potential for use as holts by
otter were recorded. None of these features fell within 200m of the application
boundary. Several of the burns within the survey area were found to have good
suitability for otter, with trees and gullies providing shelter. Four badger setts were
identified, two outlier setts and two larger ones for which the status could not be
determined. None of the badger setts or signs recorded are within 100m of the
application boundary. Potential feeding signs were recorded within woodland in
Gllangad Glen and along Finland Burn. Pathways used by badgers were recorded in
woodland around Finland Burn and on the edge of Nobleston Wood. A variety of
features offer good suitability for badgers. Turning to reptiles, two common lizard
sightings were recorded, all in the southern part of the survey area. Twelve potential
hibernacula features were also recorded. These were mostly attributed to dry stone
wall features and rock piles. Several of the potential hibernacula features recorded
were within the application boundary. Two mammal holes, one within and one outwith
the application boundary, were identified but no specific signs of protected species
signs were identified, as well as two well-used mammal pathways. 
8.66 Considering bats, a preliminary bat roost assessment was undertaken in July 2020
and March 2022. There were 42 features recorded with potential suitability for roosting
bats, all being tree features. No key features that could support maternity roosts and
significant hibernation and/or swarming sites were recorded within 200m plus rotor
radius of a proposed wind turbine location. 
8.67 In further considering bats, once operational there is a known risk of commuting and
foraging bats colliding with turbine blades and for bats to be affected by barotrauma
when flying in close proximity to moving turbine blades. Bat detectors at 13 locations
within the site were deployed from May to September in 2020 over a total period of 42
days, with bats detected on all of the 42 nights. A total of four bat species and two
genera were recorded for these locations. Clearly bat activity exists within the area and
it is set out in the EIA that mitigation to avoid collisions will include the feathering of
blades whilst idling. The EIA concludes that with proposed mitigation, the effect
significance of bat collision risk is considered minor adverse and not significant.
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8.68 The Council’s Biodiversity Officer highlights that a variety of bat species have been
recorded in the area in the last 15 years. NatureScot also consider bats in their
consultation reply and welcome the proposed mitigation. They note there is no mention
of the standard 50m buffer between blade tips and high-value bat habitats, however,
and they recommend that it would be helpful to obtain clarification on whether this this
form of mitigation is also included. NatureScot also recommend that a detailed post-
construction bat monitoring plan should be submitted to and approved by the planning
authority prior to development commencing. Subject to following the recommendations
of NatureScot, the impact upon bats would be considered acceptable. 
8.69 Watercourses within the application boundary form tributaries to Murroch Burn to the
south, which feeds into the River Leven and the Clyde estuary, and Gallangad Burn to
the north, feeding into the Endrick Water. The applicant’s protected species survey
noted that consultation with the Loch Lomond Fisheries Trust (LLFT) undertaken as
part of the 2011 Merkins Wind Farm Environmental Statement suggested that although
the watercourses in the north of the Site have connectivity to the River Endrick,
waterfalls in the Finland Burn and the upper reaches of the Catter Burn are likely to act
as a barrier to Atlantic salmon and lamprey. LLFT suggested that only resident brown
trout populations are likely to be present. The River Endrick is over 6.8 km from the
proposed development.
8.70 The Murroch Burn was surveyed and contains populations of both brown trout and
salmon. It is considered that subject to good practice measures to prevent pollution
and changes to hydrology it is considered that the impact on fish life within and
downstream of the site would be minimal. Deer are likely to use the area but effects
on deer are also scoped out of the assessment. With no deer fencing proposed as part
of the development, deer may use and pass through uninhibited with the only potential
disturbance being during the construction phase. 
8.71 Considering ecological species in general, the Council’s Biodiversity Officer notes that
the open moorland has been shown by the relevant species surveys to be valuable
wildlife habitat that supports a number of protected ground nesting birds, raptors,
mammals. It is the nature of the undisturbed open ground that contributes to making
the habitat suitable for these species. The suite of upland habitat types found in the
Kilpatrick Hills and the habitat connectivity to the wider landscape is the reason for the
wealth of species found here. Although much of the area has previously been modified
for agriculture and forestry, there are still large swathes of natural priority habitat types
that are untouched, and these must be protected from inappropriate development. It is
the value of the habitat and the vast open space of the Kilpatrick Hills that allows it to
host such valuable species, many of which are of conservation concern. Opening up
of access over this land will change the recreational value of this site. It is likely to be
easier to access from both the main access route and from the northwest in from
Pappert Wood. This additional disturbance, could include additional walkers, cyclists,
trail bikes and dogs onto the site which would reduce its value as an open habitat and
breeding site for ground nesting birds.
8.72 Overall, it is expected that the Scottish Ministers in determining the application will fully
consider the points highlighted by the Council’s Biodiversity Officer, ensure identified
mitigation measures are taken forward, follow the recommendations set out in
NatureScot’s consultation response and require the implementation of a suitable
Habitat Management Plan to ensure any effects of the development are minimised.
The Councils Biodiversity Officer also specifically highlights the requirement for
species protection plans and these would be expected. With this approach, the impacts
of the proposed development upon protected species and wider ecology could be
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considered acceptable. It remains, however, that as highlighted in paragraph 8.58 it
cannot currently be concluded that the development proposal would not result in any
adverse impacts upon locally designated sites Any potential impacts upon ecology
within these would require to be suitably considered and addressed.  
Ornithology
8.73 In order to determine baseline conditions to inform the ornithology impact assessment,
field surveys were undertaken following NatureScot guidance between March 2019 to
August 2022. Data collected between September 2008 to August 2009 for the Merkins
Windfarm proposal was also considered as part of the baseline. A wide range of
species were scoped out from further assessment for a range of reasons where it was
concluded that adverse effects were considered very unlikely. Osprey, Goshawk and
Black Grouse were identified as having potential for significant effects from the
proposal and these were further assessed. In terms of ornithological impact relating to
designated sites, The EIA advises that it was agreed during consultation with
NatureScot that all designated sites, with the exception of the Loch Lomond SPA/
Ramsar site and Endrick Mouth and Islands SSSI can be scoped out due to a lack of
potential connectivity. It is further set out that NatureScot advised that the breeding
capercaillie designated feature of the Loch Lomond SPA should also be scoped out,
leaving the remaining designated feature, non-breeding Greenland white-fronted
goose, to be assessed.
8.74 The habitat within and directly surrounding the proposed development comprises
mainly blanket bog and heather moorland without waterbodies, which is considered to
be of limited suitability to foraging geese. It is also assessed as being likely that the
Loch Lomond SPA and Ramsar site population is relatively sedentary throughout the
winter, and as such, connectivity with the application site, and therefore displacement,
barrier effects or collision impacts are very unlikely. it can be reasonably concluded
that there would be no adverse effects on the integrity of Loch Lomond SPA / Ramsar
site, and no further consideration is required.
8.75 Two pairs of ospreys are identified as breeding in forestland 2.5 km northeast from all
proposed infrastructure. As no turbine locations or infrastructure is situated within
750m of either nest location, construction disturbance will not directly affect osprey
nesting. A BBPP would be in place to ensure that any future osprey breeding activity
is undisturbed during the construction phase. A pair of goshawks are also found to
breed in forestland 2.9 km northeast from all proposed infrastructure. At this distance
the EIA considers it is unlikely that this breeding location would be significantly affected
by construction disturbance. As goshawks breed and forage in woodland, and the
habitat within the Site is primarily composed of blanket bog and heather moorland
without forested areas, it is not likely that goshawk would be directly affected by habitat
loss during construction. 
8.76 Baseline surveys in 2009 recorded one black grouse lekking area within the 1.5 km
study area with one lek of up to six males and one female recorded at Auchenreoch
ruins approximately 560m from the nearest proposed turbine (T8) and 300m from the
proposed construction compound. The Council’s Biodiversity Officer advises that the
Black Grouse lek site is only 300m from proposed battery storage area and this is
against recommended disturbance of a minimum of 500m. Surveys in 2019 recorded
a pair of black grouse flying over Auchenreoch ruins in November and a single male
flying over the site in May, but no lekking birds were recorded in either 2019 or 2022.
The EIA considers that on balance it is likely that the local lek is now extinct, although
it is possible that the site is still occasionally used by foraging or dispersing birds.
Proposed mitigation includes pre-construction surveys and restriction measures within
a BBPP which would avoid disturbance to any lekking or breeding birds, should pre-
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construction surveys record them within 750m of planned construction activities,
including the construction compound. 
8.77 Considering collision potential during the operational phase, the collision risks for the
three species were assessed as follows:
• Osprey – One bird every 47 years
• Goshawk – One bird every 88 years
• Black Grouse – No collision risk identified
8.78 These risks are statistically insignificant in terms of the bird populations concerned. No
notable concerns are identified in respect of potential displacement although Black
Grouse could be impacted by noise from the sub-station. The EIA advises that there
is little evidence to indicate that any species would be significantly impacted by wind
turbine aviation lighting requirements Overall, the effects are identified as not being
significant. 
8.79 NatureScot in their consultation response do not raise notable concerns regarding
Ornithology but make recommendations in respect of Black Grouse and the sub-
station. It is noted that the RSPB offer no objections to the proposal, noting the
biodiversity net gain proposals and recommend that the finalised biodiversity
enhancement management plan is secured by condition. The Council’s Biodiversity
Officer advises that a range of ornithological species are round within the area
including black grouse, goshawk, golden plover, hen harrier, herring, gull, osprey, pink
footed goose. Moorland breeding birds including curlew, snipe and lapwing were also
recorded. Breeding snipe have been recorded close to the positions of turbines 1, 2, 5
and 6. Breeding ground habitat suitability for merlin and hen harrier were also
identified. 
8.80 Overall, subject to appropriate mitigation and protection plans being secured in
conjunction with the position set out in paragraph 8.72 above, it is considered that the
impact of the development upon ornithological interests would be acceptable.
Biodiversity Enhancement
8.81 It is expected that wide ranging biodiversity enhancements are embedded into the final
detail of the proposal, if approved. Points with regard to enhancements from peatland
restoration are addressed in paragraphs 8.63 and 8.64 above. The Council’s
Biodiversity Officer highlights that as part of proposed enhancements native woodland
planting areas are proposed outside of development site boundary and this could lead
to self-seeding on the adjacent SSSI which should remain as calcareous grassland.
Woodland block proposals could also be detrimental to proposed calcareous grassland
management and may also impact upon wetland flush areas. A Biodiversity
Management Plan should further include a detailed management plan for all protected
species on site. The Scottish Ministers should ensure that proposed biodiversity
enhancement proposals are both secured and appropriate, if minded to grant the
proposed development. 
Hydrological & Hydrogeological Impact
8.82 It is indicated by the applicant in the EIA that the proposed wind farm layout has been
designed to minimise impacts upon geological, hydrological and hydrogeological
constraints identified, with a variety of design iterations having been considered to
avoid or minimise likely effects. The impacts upon watercourses are considered within
the EIA with proposed mitigation to minimise impact including maintaining a 50m buffer
zone between watercourses and other development. It is set out that in addition to
good construction practices and methodologies, detailed design and construction
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practices would need to consider the particular ground conditions and the specific
works at each location throughout the construction period. An experienced and
qualified engineering geologist/geotechnical engineer would also be appointed as a
supervisor. The EIA indicates that measures for dealing with pollution / sediment and
flood risk during construction will be addressed via a Construction Environmental
Management Plan (CEMP) and a site specific drainage plan would be produced. Water
quality monitoring during the construction phase would be undertaken for the surface
water catchments to ensure no adverse impacts. This monitoring scheme would also
allow the quality of water draining toward Dumbarton Muir SSSI and Auchenreoch Glen
SSSI to be assessed and quantified. 
8.83 The proposal will incorporate Sustainable Drainage Systems (SuDS) to attenuate run
off and intercept sediment prior to run off entering watercourses. Due to the underlying
geology of the site, there is relatively low infiltration and relatively high run off rates at
present and over the whole of the site the new areas of hardstanding would cover a
minimal proportion of the ground, so it is not considered that there is any likelihood of
causing flooding. Various mitigation measures are proposed to avoid pollution and
sedimentation of the water environment. SEPA do not object to the proposal, provided
that in the event of planning permission being granted, a condition is attached which
requires the submission of a surface water management plan. The Council’s Roads
Service also do not raise an objection on flooding grounds but advise that if permission
is given the applicant would require to demonstrate that the proposed development
would not increase the flood risk downstream. Four new watercourse crossings are
required and it is indicated that the crossings would be designed to pass the 200 year
flood event. During the operational phase routine maintenance of infrastructure is
expected such as maintaining access roads and drainage and carrying out
maintenance of turbines. Should any maintenance be required onsite during the
operational life of the project which would involve construction activities; mitigation
measures would be adhered to along with the measures in the final CEMP to avoid
potential effects. The EIA concludes that no significant residual effects on soils and
peat, geology, surface water or groundwater receptors are predicted during the
construction and operational periods of the development. Overall it is considered that
with appropriate mitigation and the Scottish Ministers addressing a variety of matters
by condition, the impact on hydrology and hydrogeology would be acceptable.
Management of Peat/Soil
8.84 Works within peat bog areas can cause instability within the surrounding peat and
result in peat slides, which seriously degrade peatland habitat. A Peat Landslide and
Hazard Risk Assessment has been prepared by the applicant to assess and show how
peat landslide risk is mitigated. The Assessment sets out the complicated inter-
relationship between all the aspects that have an effect on the stability of peat. The
overall conclusion regarding peat stability is that there are minimal areas of medium
risk of peat instability across the proposed development and most have been avoided
during the design process. Four medium risk areas are identified and for these, a
hazard impact assessment was completed and this concluded that with suitable
mitigation measures, all of the areas can be considered as an insignificant risk.
Additional mitigation measures are further proposed in the areas where hazards are
identified, despite these hazards being insignificant. This will further reduce the risk. to
further reduce the risk of potential hazards occurring. Mitigation includes an
experienced geologist/geotechnical engineer being appointed to supervise and
provide advice during the setting out, micrositing and construction phases of the
proposed development. Drainage measures which seek to avoid saturation of peat
would also be implemented. The Energy Consents Unit commissioned Ironside Farrar
Ltd to technically assess the Peat Landslide Hazard and Risk Assessment and this
assessment concludes the approach is sufficiently robust in all respects and although
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some recommendations may be made for clarity, no further revisions are required.
Based on the information within the EIA Report and taking account of the view
Specialist Consultants, it would appear risk of peat landslide is not likely to be high and
the Council would accept the recommendations made as appropriate and do not raise
any concerns regarding peat landslide hazard risks. It is therefore considered that
subject to the implementation of suitable preventative measures, there should be no
significant impacts on peat stability.
Borrow Pits
8.85 The proposed development would require crushed stone to construct new tracks,
create hardstanding areas for the cranes and lay the turbine foundations. To avoid the
need to bring significant amounts of material to site from elsewhere, which would
greatly increase construction traffic, and includes a proposal to form a number of
borrow pits within the site. Borrow pits are small quarries used to obtain rock for
construction of the wind farm, primarily in the formation of the access tracks. It is not
proposed to retain any of the proposed borrow pits post-construction. Materials are
available locally so any requirement for rock aggregate during the operational phase,
which would likely be minimal, would be met from those sources. The EIA sets out that
it is anticipated that there would be a planning condition imposed upon consent with a
requirement to agree the approach to restoration.
8.86 The application submission does not identify precise locations for the borrow pits at
this stage. It is set out in the application submission that locations for up to three borrow
pits have been identified within identified search areas which have been chosen due
to their low peat measurements and rock exposure. The precise siting and size of
borrow pits could be dealt with by way of a planning condition, but as they are a
significant part of the overall wind farm development proposal it is appropriate to
consider their likely environmental impacts. 
8.87 In terms of landscape and visual impacts, this is considered in detail in paragraphs
8.21 to 8.55 above for the development overall. Focusing on the borrow pits, each
borrow pit would cover a relatively small area and it is likely that their visibility would
be reduced by localised screening, topography, the muted colours of the rock, and
horizon effects (i.e. when seen close to the horizon they would be hard to make out
against the bright skyline). It is considered unlikely that there would be any impact on
long-distance views of the site, and the visual impact of the borrow pits would be
relatively minor compared to that of the wind turbines. Whilst the borrow pits could be
visually intrusive depending on the final details on location and size, they would be
most visible during construction, but over time any remaining exposed rock in the
borrow pits would weather and vegetation would become re-established, making the
borrow pits less prominent and more difficult to make out from the access track and
surrounding land. The borrow pits would be seen in the context of other infrastructure
works associated with the wind farm development such as access tracks. Whilst they
would be visible, they would be seen as part of the overall site construction rather than
as separate developments. The restoration of any borrow pits required on site could
be dealt with by way of a planning condition. Overall, it is considered that the visual
impact of the borrow pits would be acceptable. The ecological and habitat implications
of the development as a whole is already assessed above. 
Built and Cultural Heritage
8.88 No historic buildings or monuments are located within the site, although it does contain
areas of archaeological interest. In their consultation response to the Scottish
Ministers, West of Scotland Archaeological Service advises that the construction of the
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turbines and their associated infrastructure is likely to have both a direct impact on
heritage features present within the development area itself, and an indirect effect on
the settings of sites present in the surrounding landscape. WOSAS consider that it is
difficult to see how the effect of the proposed wind farm on the settings of sites in the
surrounding landscape could be reduced or mitigated without substantial redesign to
the location of the development or the height of the turbines. They go onto recommend
that any granting of permission include a condition relating to a programme of
archaeological works in accordance with a written scheme of investigation within the
red line boundary. It is considered that the Scottish Ministers require to satisfy
themselves that an appropriately robust approach is taken to securing the required
archaeological works. 
8.89 There are a number of scheduled monuments in the vicinity of the site, but there would
be no direct impact on these from construction or operation of the wind farm. There
would be a potential impact upon the setting of the Knockupple, long cairn and the
Lang Cairn, chambered cairn and cairn at Gallangad Muir which are 1.2 km to the east
of the nearest turbine, but whilst noting the potential adverse impact, Historic
Environment Scotland have not objected to the proposal on this basis and it is not
considered that the impact on these scheduled monuments would be unacceptable. 
8.90 The wind farm would be visible from the category A listed Balloch Castle and
associated garden and designed landscape which lies 4.28kms from the nearest
turbine and locations which also have views of Balloch Castle such as Duck Bay.
However, it is not considered that there would be a significant detrimental impact on
the setting of the listed building or its associated designed landscape. The category A
listed Overtoun House and associated garden and designed landscape is located 2.5
km south of the nearest proposed turbine. Whilst the wireframe diagrams indicate that
the turbines would potentially be visible from this location, the photomontage indicate
that at ground level these views are entirely screened by existing established
landscape features. However, from the first floor of the building, in which there are
principal rooms, the woodland screening would become less effective and there may
be more visibility of the wind farm. The potential impacts on any important views from
principal rooms has not been considered in the submitted EIA and the Scottish
Ministers would require to satisfy themselves that the potential impacts are understood.
8.91 Historic Environment Scotland (HES) have considered the proposal and in a
consultation response to the Scottish Ministers they have considered the potential
impact upon a variety of scheduled monuments, category A listed buildings and
Garden and designed landscapes in the vicinity of the proposed development on which
the proposals may have an impact. Having taken into account the information provided
in the EIA Report, the supplied visualisations and HES’s own assessment, with the
exception of Dumbarton Castle, the impacts of the proposed development are not
considered to be of such significance as would warrant an objection from Historic
Environment Scotland. HES’s position in this regard is accepted.
8.92 Considering the impact upon Dumbarton Castle, HES note that the EIA recognises that
the presence of turbines in views of Dumbarton Castle from the south would challenge
the dominance of the monument. The EIA goes on to suggest that views of the Castle
from the south would only be impacted across a relatively small area and subsequently
concludes that the proposed development would result in an adverse effect which is
not significant. HES do not agree with this assessment and consider the impact to be
underestimated. It is considered that proposed development would have a significant
adverse impact on the setting of the monument, adversely affecting key views from
directly to its south. As demonstrated by the visualisations provided in support of the
application, the turbines would appear above and be framed in wider views of
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monument. In some of these key views from the south the turbines would appear
directly behind the monument. the turbines would create a very large visual distraction
and become the most dominant features in these views. Consequently, HES consider
the development would significantly and adversely impact on the ability to experience,
understand and appreciate this key feature of the setting of the monument. The scale
of impacts would significantly adversely affect the integrity of the setting of the
monument when viewed from the south and would be of a magnitude to raise issues
of national interest. HES consider the proposed Vale of Leven Wind Farm to be
contrary to national policy as set out in the Historic Environment Policy for Scotland
and NPF4 because of its adverse impact on the integrity of the setting of Dumbarton
Castle. Accordingly, they object to the proposed development.
8.93 It is clear that the proposed development would have the potential to impact upon a
variety of built and cultural heritage designations and assets. Having fully reviewed this
potential and being guided by the position of Historic Environment Scotland and West
of Scotland Archaeological Service, it is considered that there would not be significant
detrimental impact on the majority of the designations and assets. However, the
serious concerns of Historic Environment Scotland in respect of the adverse impact on
the integrity of the setting of Dumbarton Castle are noted and HES object on this basis.
Being guided by the position of HES, the impact upon the setting of Dumbarton Castle
as a scheduled monument and key historic national asset within West Dunbartonshire
is therefore clearly of significant concern and cannot be considered acceptable. 
Residential Amenity
8.94 Residential amenity can be affected in a variety of ways. This includes noise from
construction and operation of the proposed windfarm and associated development,
shadow flicker from individual turbines as they rotate and impacts on air quality
affecting adjacent residential areas. 
8.95 In first considering air quality, this was scoped out of the EIA as it was not considered
that there was any potential for adverse impacts upon air quality. The Council’s
Environmental Health Service offer no disagreement with this approach. In the event
permission was granted, it would be expected that a Construction Environmental
Management Plan would address any short-term impacts during construction. 
8.96  Any development will produce noise during the construction phase and this has to be
accepted. Environmental Health raise the requirement to ensure that the site is
managed in such a way during construction so as not to cause undue disturbance and
this could be addressed by appropriate conditions if required, including relating to
hours of work and construction noise. Considering noise from the operation of the
windfarm itself, there are two distinct types of noise sources within a wind turbine; the
mechanical noise produced by the machine and the aerodynamic noise produced by
the passage of the blades through the air. Noise impact has been assessed in the EIA
and supporting documentation. Noise level monitoring to collect background noise
levels was completed at two properties; Gallangad Lodge 2.4kms from the closest
turbine and Highdykes Farm 1.8 kms from the closest turbine. A noise monitor at a
third property was removed at the request of the occupants. Informed by this data,
noise modelling of the proposal predicts a negligible impact at noise sensitive
receptors; the effects of the proposals are therefore negligible and not significant.
Therefore, the EIA concludes that the operation of the proposed development would
cause no significant effect and no mitigation would be required. 
8.97 The Council’s Environmental Health Service does not object to the proposal but
identifies a number of matters to be further considered and addressed. It is noted that
predictions of the operational noise levels have been based on the candidate turbine
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being the Vestas 172.2MW but the test results for this specific turbine are not yet
available and representative noise data has been adopted from similar Vestas V136
turbine. Environmental Health advise on the requirement for the noise impact
assessment to be updated based on the actual wind turbines proposed. 
8.98 Environmental Health further consider that an updated report that determines the
impact of noise from the turbines proposed at the development on nearby dwellings
and any noise sensitive premises taking cognisance of the Scottish Government
document Planning Advice Note 1/2011 Planning and Noise and using the principles
set out in the document “The Assessment and rating of Noise from Wind Farms (ETSU-
R-97) is provided. It is identified that the applicant shall ensure that noise associated
with the proposed development shall not exceed 35dB, measured as LA90.10min or
the prevailing background noise level +5dB, during the daytime period and shall not
exceed 43dB measured as LA90.10min or the prevailing background noise level +5dB,
during the nighttime period. It is further advised that the applicant will require to
consider the cumulative effects of any nearby wind turbine developments.
Environmental Health go on to advise that where the tonal noise emitted by the
development exceeds the threshold of audibility by between 2dB and 6.5dB or greater,
then the acceptable noise specified in above, shall be reduced by the penalty level
identified within section 28 of 'The Assessment and rating of Noise from Wind Farms-
ETSU-R-97’. The definition of audibility for the purposes of this condition shall be as
described in ETSU-R-97. The penalty shall only apply at properties where the tonal
noise is measured and shall only relate to the wind speeds at which the tonal noise
occurs at. Environmental Health further consider that a noise assessment to
specifically determine the impact of noise from the proposed Battery Energy Storage
Facilities on nearby dwellings and any noise sensitive premises is required. 
8.99 Environmental Health also highlight the requirement for an agreed approach for
assessing noise complaints noise complaint assessment, logging wind speed, wind
direction and power generation data shall be continuously logged and a nominated
person have been submitted in writing to the Planning Authority for the development
who will act as a point of contact for local residents. 
8.100 Turning to shadow flicker, it is accepted that if adequate separation is provided
between turbines and nearby dwellings shadow flicker should not be a problem. The
Council’s Environmental Health Service highlight the requirement for a shadow flicker
assessment. The EIA sets out that in line with the Scottish Government guidelines on
shadow flicker assessments, 10 rotor diameters (1.7km) from each proposed wind
turbine has been established as the shadow flicker Study Area. The assessment
identified that no residential dwellings fall within the shadow flicker Study Area and,
therefore, no shadow flicker effects are anticipated on any residential receptors within
the vicinity of the proposed development.
8.101 Overall, subject to the Scottish Ministers ensuring that all matters raised in respect of
noise impact are addressed in the event that they were minded to grant consent, the
impact upon residential amenity will be acceptable and there are no objections to the
proposal on the impact upon residential amenity. 
Impact upon Tourism
8.102 The degree to which wind turbines influence the tourism industry is difficult to quantify.
Some people are not concerned about the appearance of wind farms, with some
people actively liking their appearance, and where wind farms open up public access
to previously inaccessible parts of the countryside, they can themselves generate visits
by walkers and cyclists. On the other hand, some people dislike the appearance of
wind farms either in general or within specific locations, and the construction of a wind
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farm may reduce the enjoyment of their visit to the area and make them less likely to
visit again.
8.103 Whilst the precise impact of wind farms on tourism is not known, it is clear that
appropriately sited and scaled developments with limited consequences for landscape
character, scenic quality or major tourism assets have much less potential to influence
the decisions of potential visitors than an inappropriately scaled and sited
development. 
8.104 As highlighted above in paragraphs 8.24 and 8.25, Doughnot Hill for example provides
a local destination for the experience of wilderness and because of the views from the
summit. Panoramic views are provided from this location including across Kilpatrick
Hills and towards the National Park. The development of an electricity generating
station on the site will change the very nature of the experience of the landscape that
presently attracts visitors. The applicant’s submission also demonstrates that the wind
farm would be visible from important areas within the National Park, including Conic
Hill, areas around Luss, the Loch itself and Balmaha Harbour. The National Park
designation is an important visitor and tourist attraction and one of only two National
Parks in Scotland. It is reasonable to conclude that the scenic value of the wider area
around West Dunbartonshire, Loch Lomond and the National Park, is significant in
terms of scenic value and tourism importance. It is to be expected that there will be
significant implications for the tourism value of the surrounding area should the
proposal be implemented, given that a significant number of visitors in Scotland are
attracted by the scenic value of the natural landscape. Accordingly, inappropriately
scaled man-made structures and development in a wider panoramic landscape is not
considered to be in the interests of tourism. Whilst there is not a specific objection on
the grounds of tourism impact, it is expected that the Scottish Ministers would require
to satisfy themselves that no adverse impact was to occur and it is expected that this
would be fully considered with reference to the objection from the National Park
Authority. 
Aviation Safety
8.105 Aviation related issues are considered in the EIA and it is stated that the applicant is
in dialogue with the relevant stakeholders about appropriate mitigation measures.
Prestwick Airport and the Ministry of Defence offer no objection to the proposal in their
consultation responses to the Scottish Ministers. Glasgow Airport advise that the
proposal could conflict with safeguarding criteria and that a more detailed assessment
requires to be undertaken regarding the potential impact on Glasgow Airport. They
have submitted a holding objection in this respect. National Air Traffic Services (NATS)
object until mitigation proposals become more mature. The Scottish Ministers would
require to satisfy themselves that there was no potential for impact upon aviation safety
and the objection from NATS is addressed and that any potential for impact upon
Glasgow Airport is fully assessed should they be minded to grant consent. 
Electro-Magnetic Interference to Communications Systems
8.106 BT, the Joint Radio Operators and the Met Office offer no objection to the proposal
and there is nothing to suggest that there would be any impacts on any
telecommunications assets. 
Traffic, Transport and the Impact on the Road Network
8.107  The proposed development will be accessed via a new access road from the A813
Stirling Road, located immediately to the south of the access junction to Murroch Farm.
The access will take the form of a priority junction which is designed to accommodate
all predicted loads and traffic for both the construction and operational phases of the
development. Considering the impact upon the road network and infrastructure, the
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EIA sets out that with the exception of the turbine components, most traffic would be
normal construction plant and include grading tractors, excavators, high-capacity
cranes, forklifts and dumper trucks. Most of this would arrive at the site on low loaders.
It is expected that equipment, cabling and also the battery storage components will
also arrive by HGVs. Whilst it is anticipated that on-site borrow pits will be able to meet
up to 100% of the aggregate requirements, it is indicated any deliveries associated
with concrete materials, such as cement powder, water and sand/aggregates will be
sourced from local concrete suppliers. 
8.108  The turbine components will be delivered on a variety of road transport platforms. In
addition to the turbine deliveries, up to two high-capacity erection cranes would be
needed to offload a number of components and erect the turbines. The cranes are
likely to be mobile cranes with a capacity up to 1,000 tonnes that are escorted by boom
and ballast trucks to allow full mobilisation on site. It is anticipated that turbine
components will be delivered by ship to Clydebank with all abnormal load traffic leaving
from Cart Street, Clydebank before travelling to Kilbowie roundabout and then
westwards on the A82 to Lomondgate roundabout before turning onto the A813 Stirling
Road to the site entrance. Whilst an alternative routing, detail and delivery access is
noted in the accompanying Transport Assessment, it is assumed that this does not
reflect the most up-to-date proposal as set out in the EIA itself. It would be expected
the Scottish Ministers to clarify and satisfy themselves of the correct routing, ensuring
up-to-date supporting documents are submitted. 
8.109  The peak of construction in terms of vehicular movements is indicated to be up to 116
daily round trip journeys (40 Car/Lights and 76 HGV journeys). This is estimated to
occur in five of the months of the overall 21-month programme. Construction traffic is
generally expected to travel from the south of the site via the A82 and onto the A813
at Lomondgate. The distribution of construction traffic on the road network is indicated
to vary depending on the types of loads being transported. Traffic mitigation measures
identified during the construction period include the preparation of a detailed
Construction Traffic Management Plan. An Abnormal Load Transport Management
Plan, On-site Path Management Plan and Staff Travel Plan will also be prepared. The
EIA concludes that any impacts relate solely to the peak of construction activities and
that the construction period is short lived and the effects transitory in nature. Both
Transport Scotland and the Council’s Roads Service have no objection to the proposal
subject to conditions regarding a variety of issues. There is thus no objection to the
proposal on roads and traffic grounds. 
Health and Safety
8.110 Nothing arises in the consultation responses undertaken by the Council or received by
the Energy Consents Unit to suggest that any concerns regarding health and safety
arise. It is for the Scottish Ministers to satisfy themselves that an unacceptable risk
does not occur from the development. With reference to the battery storage element
of the proposal, it would be expected that the Scottish Ministers consult Scottish Fire
and Rescue Service. 
Decommissioning
8.111 Should the Scottish Ministers determine to grant planning permission for this proposal,
it would be expected that a requirement for decommissioning and site restoration
would be expected to be included in the conditions and suitable mechanism for site
restoration, which will be triggered by either the expiry of the permission or if the project
ceases to operate for a specific period. It would be expected that at the end of the
proposal’s operational life the turbines would be decommissioned and principal
elements removed; the site restored to its former use leaving little if any visible trace
of the turbines; the foundations, tracks and hardstandings; the electrical substation
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building removed and the battery storage area fully restored with all infrastructure
removed. The approach would be expected to follow the Naturescot -
Decommissioning and Restoration Plans for Wind Farms Guidance
Community and Economic Benefit
8.112  The Applicant is proposing a Community Benefit Fund although full details have not
been provided other than a commitment to offering £5,000 per MW per year in
community benefits across seven Community Council areas. The community benefit
offer from the proposal is indicated to be equivalent to £0.4 million annually, or £14.4
million during a 40-year operational lifetime. The suggested benefit would be in line
with the Scottish Government Good Practice Principles for Community Benefits from
Onshore Renewable Energy Developments which notes the Scottish Government’s
continued promotion of community benefits to the value equivalent to £5,000 per MW
per annum index linked for the operational lifetime of the development.
Notwithstanding this, a community benefit package is not a material planning
consideration as clarified within the Scottish Government Good Practice Principles for
Community Benefits from Onshore Renewable Energy Development.
8.113  The Council’s Economic Development Manager has stated in a consultation response
that if funding was reinvested into energy efficiency and clean heat initiatives in line
with the Local Heat and Energy Efficiency Strategy (LHEES), alternative income
streams such as this will help address fuel poverty at local level. It is accepted,
however, that the use of community benefit funding will be determined by local
communities. The Applicant is also committed to offering shared ownership of the
proposed wind farm, allowing the community the opportunity to invest in and have a
share of the wind farm. The Economic Development Manager has stated in their
consultation response that the developer has indicated that up to 15% could be
available for shared ownership.
8.114  The EIA indicates that the proposed will generate economic benefits, both during its
construction, and during the operation and maintenance phase. During construction
the economic benefits that are expected are £4.2 million Gross Value Added (GVA)
and 54 years equivalent employment in West Dunbartonshire and £20.7 million GVA
and 322 years equivalent employment in Scotland. The operation and maintenance of
the development would bring lesser benefits with £0.4 million GVA and 2 jobs in West
Dunbartonshire and £1.6 million GVA and 17 jobs in Scotland. 
8.115  The Council’s Economic Development Manager further advises that that there is the
potential for the Vale of Leven windfarm project to play an important role in
decarbonising West Dunbartonshire and tackling fuel poverty. Ultimately the net
economic benefits would be dependent upon the success or otherwise of the
development and any initiatives and investments made by the Applicant. However, it
is concluded that it likely that the proposed development will provide a net economic
benefit to the local area although this would require to be balanced with any potential
for loss of tourism income. 
9. CONCLUSION
9.1 The approach to the assessment of this proposal reflects the fact that the Council is
not the determining authority but rather a consultee under The Electricity Act 1989.
9.2 This application has been submitted to the Scottish Ministers under Section 36 of the
Electricity Act 1989, as it is a development with a generating capacity of over 50MW.
Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997,
all applications must be determined in accordance with the development plan unless
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material considerations indicate otherwise. In this instance, the application is made
under the Electricity Act 1989 and therefore the Development Plan does not have the
primacy in the determination of the application. It does, however, provide a basis for
the assessment of this proposal and it is established practice to take the Development
Plan into account in such decisions. The Development Plan comprises National
Planning Framework 4 and adopted West Dunbartonshire Local Plan 2010. The
proposed West Dunbartonshire Local Development Plan 2020 is the Council’s most
up to date spatial strategy and is therefore also afforded significant weight in the
assessment.
9.3 The contribution of up to 70mw renewable energy generating capacity, with the
potential for an additional 20mw if the applicant proceeds with the Battery Energy
Storage System element of the proposed development, would draw strong support in
term of renewable energy targets and supporting the overarching aims of NPF4 to
achieve net zero targets. Notwithstanding this, by their very nature wind farms are
major pieces of infrastructure which often require exposed upland sites which tend to
be environmentally sensitive and relatively conspicuous within the landscape. In
assessing this particular proposal, it has been necessary to consider whether the
acknowledged impacts upon the environment and landscape are sufficiently great in
this instance to outweigh the benefits of expanding renewable energy generation
and/or any economic benefit which would be brought to West Dunbartonshire.
9.4 Policy 11 of NPF4 is one of the primary policies for the assessment of the development
type proposed. Wind farms have the potential to impact on a wide range of features
which is evident from the above assessment. The turbines proposed as part of the
Vale of Leven wind farm are extremely large with a blade tip height of up to 250m. With
a proposal of this scale, together with associated infrastructure inclusive of Battery
Energy Storage System, significant adverse landscape and visual impacts are
inevitable. 
9.5 It is clear that the proposal has the potential to result in wide ranging visual impacts
from a variety of locations. This includes from within existing settlements and it also
follows that the proposed turbines will form a very significant feature within the
landscape surrounding existing settlements. However, Policy 11(e)ii. of NPF4 explicitly
accepts localised significant landscape and visual impacts and in this respect the
position is thus weighted towards development’s contribution to renewable energy
targets. In further considering the impacts It is considered that the proposed
development would have a significant adverse impact upon the landscape and the
visual amenity of the Loch Lomond and the Trossachs National Park, the Loch Lomond
National Scenic Area, and the Kilpatrick Hills Local Landscape Area. Loch Lomond
and the surrounding area is a landscape asset of national importance, which is
currently relatively unspoiled by major man-made development within the landscape.
The large turbines proposed would occupy a prominent position within the setting of
the National Park, and the introduction of a significant man-made element on the
horizon could significantly detract from the setting of the National Park / National
Scenic Area, the Lomond and the Trossachs National Park being only one of two
National Parks in Scotland. Both the National Park Authority and NatureScot object to
the proposal on this basis. The wind farm would also detract from the sense of
remoteness and wildness provided by the Kilpatrick Hills and locating a wind farm in
this location would have a significant impact on their setting. The existing landscape
affords the opportunity for recreational use and users of existing paths for example and
the wider landscape will also experience a significant and adverse impact. It is not
considered that the benefits of the development would outweigh these significant
impacts upon the National Park / National Scenic Area and the Kilpartick Hills which
form part of the setting of the park. Accordingly, the proposal is not considered to be
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supported by Policies 4 and 11(e)ii and iii of NPF4 together with a range of policies
within the adopted West Dunbartonshire Local Plan including GN1, GD1, and DC6.
The proposal is also not supported with reference to policy KH1 of the Proposed West
Dunbartonshire Local Development Plan 2. Whilst Policy RE2 of the proposed Plan
relates to the Spatial Framework for Wind Energy and would previously have been
relevant, it conflicts with the approach set out in Policy 11 of NPF4. Policy 11 of NPF4
therefore has primacy.
9.6 Built and cultural heritage assets would also be impacted. Having fully reviewed this
potential and being guided by the position of the consultation responses to the Scottish
Ministers, it is considered that, subject to appropriate mitigation, there would not be
significant detrimental impact on the majority of the designations and assets. However,
the serious concerns of Historic Environment Scotland in respect of the adverse impact
on the integrity of the setting of Dumbarton Castle are noted and Historic Environment
Scotland object on this basis. The impact upon the setting of the scheduled monument
of Dumbarton Castle/Rock – a national asset is therefore clearly of significant concern
and with an objection from the government agency responsible for the care and
promotion of Scotland’s Historic Environment, the impact cannot be considered
acceptable and is therefore not supported by Policies 7 and 11(e)vii of NPF4 together
with Policy of the West Dunbartonshire Local Plan and Policy BE1 of the proposed
Local Development Plan. 
9.7 Biodiversity matters such as the impacts upon designated sites, habitat, peatland,
ecology, protected species and ornithology will be impacted upon by the proposed
development. A variety of habitats will be impacted including blanket bog and wet
modified bog. It is considered that subject to suitable mitigation measures including a
habitat management plan together with the following recommendations from
NatureScot, notably with reference to peatland restoration, the impact of the proposal
upon habitats would be acceptable. In terms of protected and other species, it is
expected that the Scottish Ministers in determining the application will fully consider
the points highlighted by the Council’s Biodiversity Officer, ensure identified mitigation
measures secured, follow the recommendations set out in NatureScot’s consultation
response and require the implementation of a suitable Habitat Management Plan to
ensure any effects of the development are minimised. Species protection plans would
also be required. With this approach, the impacts of the proposed development upon
protected species and wider ecology could be considered acceptable. 
9.8 Notwithstanding the above, in terms of the consideration of the impact upon designated
sites, the applicant fails to consider or assess local designations relative to the
proposed site. It is identified that there are five Local Nature Conservation Sites
(LNCS) which would be impacted by the development, either directly or indirectly. It
therefore cannot be concluded that the development proposal would not result in any
adverse impacts upon locally designated sites. Given this, a conclusion with reference
to Policies 3, 4(d) and 11(e)ix of NPF4 together with Policy E3A of the Local Plan and
Policy ENV1 of the Proposed Plan. 
9.9 It is expected that wide ranging biodiversity enhancements are embedded into the final
detail of the proposal and there is the question on whether any proposed biodiversity
enhancements meet the requirements of Policy 3 of NPF4. It will ultimately be for
Scottish Ministers as determining authority to consider this and ensure that conditions
secure the delivery of meaningful biodiversity enhancement and nature networks
across the site. NatureScot’s position that greater ambition is required in terms of the
extent of proposed peatland restoration is specifically noted and it is expected that the
extent of peatland restoration proposed will be considered in detail by the Scottish
Ministers. 
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9.10 In assessing residential amenity, impacts in respect of residential visual amenity have
been considered and it is concluded these would be acceptable. Impacts in respect of
air quality, noise and shadow flicker have also been considered, informed by the
consultation response from the Council’s Environmental Health Service. Subject to the
Scottish Ministers ensuring that all matters raised in respect of noise impact are
addressed in the event that they were minded to grant consent, the impact upon
residential amenity will be acceptable and there are no objections to the proposal on
the impact upon residential amenity. 
9.11 The various consultee responses to both the Scottish Government and the limited
responses to the Council suggest that subject to conditions to address a range of
different matters, the proposed development would not result in any unacceptable
impacts on the remaining matters assessed in this report. The exceptions are currently
NATS and Glasgow Airport whose consultation responses to the Scottish Government
are currently objections. Ultimately, however, Scottish Ministers are the determining
authority in this case and it is for them to consider the consultation responses and how
they wish to address the concerns raised in coming to any conclusion on the
application.
9.12 The planning history of the site is also a relevant consideration. In 2012 planning
permission was applied for the erection of ten wind turbines (max hub height 79m and
max blade tip height 120m) with a total installed capacity of around 20MW and
associated works including the erection of a meteorological mast, control building,
ancillary infrastructure, temporary ground works and construction compound. Whilst
the current proposal is not related to this previous proposal, it is sited within the same
area as the current proposal albeit with a different access route. The application was
considered by Planning Committee and refused due to the significant adverse visual
and landscape impact on the Kilpatrick Hills Regional Scenic Area/Local Landscape
Area, the significant adverse visual and landscape impact on the setting of Loch
Lomond and the Trossachs National Park and the Loch Lomond National Scenic Area.
The National Park Authority note in their objection to the Scottish Ministers that it was
consulted on the previous proposal and raised an objection due to the predicted
significant adverse visual impact. The Park specifically note that the turbines now
proposed would be up to 250m to blade tip height which is more than double the height
of the previous proposal. NatureScot (as Scottish Natural Heritage) also objected to
this previous proposal on the grounds that it would have an adverse impact upon the
integrity of the National Park and Loch Lomond National Scenic Area (NSA).
9.13 Overall, it is considered that there would be a significant adverse impact upon the
National Park / National Scenic Area together with the Kilpatrick Hills Local Landscape
Area. Considering the impact upon the historic environment, the integrity of the setting
of Dumbarton Castle would also be unacceptably impacted upon. The adverse effects
must, however, be weighed against the positive benefits of the proposal. It is accepted
that it likely that the proposed development will provide a net economic benefit to the
local area and community benefits would also likely be realised. The proposal will also
contribute to renewable energy targets. However, the potential benefits cannot come
at any cost. In respect of the National Park, National Scenic Area and Kilpatrick Hills
Local Landscape Area, significant adverse landscape and visual impacts are likely and
it is concluded that these warrant objection from the Council to the proposal. Historic
Environment Scotland highlight a significant adverse impact upon the setting of
Dumbarton Castle also raises concerns to the point that it is considered that the
potential impact upon this key historic national asset within West Dunbartonshire also
warrants an objection from the Council. Finally, in terms of the potential impact upon
the five Local Nature Conservation Sites (LNCS) which the Council’s Biodiversity
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Officer advises has not been considered, a holding objection is warranted pending an
assessment of the impact upon these locally designated sites being provided by the
applicant for review.
9.14 It must be noted that should the Planning Committee accept the recommendation to
formally object to the proposed Vale of Leven Windfarm, this will trigger a Public Local
Inquiry in terms of Section 62 and Schedule 8 of the Electricity Act 1989 unless the
Council subsequently withdraws its objection.
10. COUNCIL’S POSITION ON THE APPLICATION
10.1 It is recommended that this Committee Report is forwarded in full to the Scottish
Ministers as presenting the Council’s full formal response to the consultation and that
it is highlighted that the Council objects to the application for the following reasons:
• The Council objects to the proposal as the introduction of a wind farm into the
Kilpatrick Hills could have a significant adverse impact upon the National Park /
National Scenic Area together with the Kilpatrick Hills Local Landscape Area.
Accordingly, the proposal is not considered to be supported by Policies 4 and
11(e)ii and iii of NPF4 together with a range of policies within the adopted West
Dunbartonshire Local Plan including GN1, GD1, and DC6. The proposal is also not
supported with reference to Policy KH1 of the Proposed West Dunbartonshire
Local Development Plan 2.
• The Council also objects to the proposed windfarm as it could have a significant
adverse impact upon the setting of Dumbarton Castle as a scheduled monument
and it would therefore be considered contrary to Policies 7 and 11(e)vii of NPF4
together with Policy BE5 of the West Dunbartonshire Local Plan and Policy BE2 of
the proposed Local Development Plan.
• The Council further submits a holding objection to the proposal in respect of the
failure of the applicant to consider or assess local nature conservation site
designations relative to the proposed site. In the absence of this, it therefore cannot
currently be concluded that the development proposal would not result in any
adverse impacts upon locally designated sites in accordance with Policies 3, 4(d)
and 11(e)ix of NPF4 together with Policy E3A if the Local Plan and Policy ENV1 of
the proposed Plan.
10.2 Finally it is recommended that, in as far as required, reviewing and responding to any
additional details submitted in respect of the holding objection set out in paragraph
10.01 together with all matters arising in respect of any Public Local Inquiry are
delegated to the Chief Officer - Regulatory and Regeneration.
Alan Douglas
Chief Officer – Regulatory and Regeneration
Date: 7th August 2024
______________________________________________________________
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Person to Contact: James McColl, Development Management Team Leader
Email: james.mcColl@west-dunbarton.gov.uk
Appendix 1: Location Plan
Background Papers: 1. Application documents
2. National Planning Framework 4
3. West Dunbartonshire Local Plan 2010
4. Proposed West Dunbartonshire Local Development
Plan 2 2020, as amended
5. Kilpatrick Hills Local Landscape Area – Statement of
Importance
6. Renewable Energy Local Development Plan
(Proposed Plan) Planning Guidance November 2016
7. Naturescot - Decommissioning and Restoration
Plans for Wind Farms Guidance
8. Scottish Government Draft Planning Guidance:
Biodiversity
9. Scottish Government’s Policy on Control of
Woodland Removal
Wards affected: Ward 2 (Leven)
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ITEM 7 -
APPENDIX 1
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