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Item 6a - Appendix 1

West Dunbartonshire Council · 7 August 2024
Back to Planning Committee — 7 August 2024 and its agenda

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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)