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
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
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
Page 2
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
Page 3
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
Page 4
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.
Page 5
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
Page 6
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
Page 7
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.
Page 8
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.
Page 9
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
Page 10
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
Page 11
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
Page 12
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.
Page 14
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
Page 20
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)