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Item 6d - DC23217FUL erection of retail foodstore Castle Street Dumbarton

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: 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

Page 13

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.

Page 15

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

Page 16

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

Page 17

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

Page 18

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.

Page 19

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)