Item 4 - Draft Minutes - Planning Committee 07 08 24
West Dunbartonshire Council · 11 September 2024
Back to Planning Committee — 11 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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PLANNING COMMITTEE At a Meeting of the Planning Committee held in the Council Chambers, Clydebank Town Hall, 5 Hall Street, on Wednesday, 7 August 2024 at 10.00 a.m. Present: Provost Douglas McAllister and Councillors Ian Dickson, Gurpreet Singh Johal, Daniel Lennie, June McKay, Karen Murray Conaghan, Lawrence O’Neill, Chris Pollock, Hazel Sorrell and Sophie Traynor. Attending: James McColl, Development Management Team Leader; Amy Melkevik, Lead Planning Officer; Ash Hamilton, Planning Officer; Nigel Ettles, Principal Solicitor and Nicola Moorcroft, Committee Officer. Councillor Lawrence O’Neill in the Chair DECLARATIONS OF INTEREST Councillor Sophie Traynor declared an interest in item DC23/039/FUL: Installation of driveway (Retrospective) at 49 Briar Drive, Clydebank G81 3HT, by Mr Steven Messenger, the applicant being known personally by Councillor Traynor. Councillor Traynor left the meeting during consideration of this item. OPEN FORUM The Committee noted that no open forum questions had been submitted by members of the public. MINUTES OF PREVIOUS MEETING The Minutes of Meeting of the Planning Committee held on 5 June 2024 were submitted and approved as a correct record. NOTE OF VISITATIONS A Note of Visitations carried out on 3 June 2024, a copy of which forms Appendix 1 hereto, was submitted and noted. ITEM 4
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PLANNING APPLICATIONS Reports were submitted by the Chief Officer – Regulatory and Regeneration in respect of the following Planning applications:- Having previously declared an interest in the following item, Councillor Traynor left the meeting at this point. (a) DC23/039/FUL (Continued item): Installation of driveway (Retrospective) at 49 Briar Drive, Clydebank G81 3HT by Mr Steven Messenger. Reference was made to a site visit which had been undertaken in respect of the above application. After discussion having heard the Development Management Team Leader and Raymond Walsh (WDC Roads and Transportation) in further explanation, and in answer to Members’ questions, the Committee agreed to refuse planning permission subject to the conditions set out in Section 9 of the report, as detailed within Appendix 2 hereto. Councillor Traynor rejoined the meeting at this point. (b) DC23/086/FUL (Continued item): Erection of new activity centre incorporating a community hub and bicycle workshop, together with associated works at South Canal Bank, Sylvania Way, South Clydebank by West Dunbartonshire Council. Reference was made to a site visit which had been undertaken in respect of the above application. After discussion having heard the Development Management Team Leader, in further explanation, and in answer to Members’ questions, the Committee agreed that this item be continued at a future meeting of the Planning Committee, with the applicant in attendance at that meeting to answer any questions Members may have. (c) DC22/245/FUL: Formation of a dwellinghouse with the re-establishment of the derelict Ferrydyke cottage into a family home, involving the renovation of the existing property inclusive of the construction of a dormer and extension to the rear together with associated works at Former Ferry Dyke Canal House, Portpatrick Road, Old Kilpatrick by Mr Farhat Malik. Reference was made to a site visit which had been undertaken in respect of the above application. The Development Management Team Leader was heard in further explanation, and in answer to Members’ questions. The Chair invited Mr John Foster, the Applicant’s Agent, to address the Committee. Mr Foster was heard in respect of the application and in answer to Members’ questions.
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The Chair invited Ms Isobel Plunkett (on behalf of Old Kilpatrick Community Council), to address the Committee. Ms Plunkett was heard in respect of the application. After discussion, Councillor Daniel Lennie, seconded by Councillor June McKay moved: that the Committee grant planning permission, subject to conditions and/or legal agreement, as appropriate, relating to onsite parking and a Green Space contribution from the developer. As an amendment, Councillor Lawrence O’Neill, seconded by Provost Douglas McAllister, moved: that the Committee refuse planning permission for the reasons set out in Section 9 of the report. On a vote being taken, 1 Member voted for the amendment and 9 Members voted for the motion, which was accordingly declared carried. ADJOURNMENT The Chair adjourned the meeting for a short recess. The meeting reconvened at 11.40 a.m. with the Elected Members listed in the sederunt present. (d) DC23/217/FUL: Erection of a Class 1A retail foodstore with associated access, car parking, landscaping and associated works at land to southeast of Castle Street, Dumbarton by Aldi Stores Ltd. Reference was made to a site visit which had been undertaken in respect of the above application. The Development Management Team Leader was heard in further explanation, and in answer to Members’ questions. The Chair invited Mr Andy Doyle, Applicant, to address the Committee. Mr Doyle was heard in respect of the application and in answer to Members’ questions. After discussion, the Committee agreed to the Committee agreed to grant planning permission subject to the conditions set out in Section 9 of the report, as detailed within Appendix 3 hereto, with an amended condition 4 as follows: that unless first agreed, in writing, by the Planning Authority, 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. CONSULTATION ON SECTION 36 APPLICATION TO SCOTTISH GOVERNMENT ENERGY CONSENTS UNIT: DC23/223/S36 A report was submitted by the Chief Officer – Regulatory and Regeneration seeking a response to a consultation received from the Scottish Government Energy
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Consents Unit, on behalf of the Scottish Ministers, regarding a proposed wind farm development comprising up to ten wind turbines of approximately 7 megawatts (MW) each, with a maximum blade tip height of up to 250m, and Battery Energy Storage System (BESS) with a capacity up to 20 MW. After discussion and having heard the Development Management Team Leader in further explanation and in answer to Members’ questions, the Committee agreed to the position set out in Section 10 and to submitting the report to the Scottish Ministers, as presenting the Council’s full, formal response to the consultation advising of the Council’s objection. The meeting closed at 12. 25 p.m.
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APPENDIX 1 PLANNING COMMITTEE NOTE OF VISITATIONS – 3 JUNE 2024 Present: Councillors Karen Murray Conaghan, June McKay (first site visit only), Chris Pollock and Sophie Traynor (first site visit only). Attending: James McColl, Development Management Team Leader and Amy Melkevik, Lead Planning Officer. SITE VISITS Site visits were undertaken in connection with the undernoted planning applications:- South Bank of the Forth and Clyde Canal, Sylvania Way, South Clydebank DC23/086/FUL: Erection of new activity centre incorporating a community hub and bicycle workshop, together with associated works by West Dunbartonshire Council. 49 Briar Drive, Clydebank G81 3HT DC23/039/FUL: Installation of driveway (Retrospective) by Mr Steven Messenger.
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APPENDIX 2 DC23/039/FUL (Continued item): Installation of driveway (Retrospective) at 49 Briar Drive, Clydebank G81 3HT by Mr Steven Messenger. REFUSE full planning permission subject to the following conditions:- 1. The development does not provide sufficient depth in which to park a vehicle off street which will result in pedestrians and, in particular, wheelchair users and those with prams to be unable to use the public footway. As such the development is contrary to Policy 14 of NPF4, Policy GD1 of the adopted West Dunbartonshire Local Plan and Policy CP1 of the West Dunbartonshire Local Development Plan 2 which requires proposals to improve the quality of an area and to be supported by the six qualities of successful places. 2. The proposal is contrary to Policy 16 of NPF4, Policy H5 of the adopted West Dunbartonshire Local Plan and Policy H4 of the West Dunbartonshire Local Development Plan 2 due to the disruption to the residential amenity of the area resulting from the potential obstruction of the footway. 3. The proposal would potentially bring pedestrians and vehicles into conflict, to the detriment of road and pedestrian safety.
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APPENDIX 3 DC23/217/FUL: Erection of a Class 1A retail foodstore with associated access, car parking, landscaping and associated works at land to southeast of Castle Street, Dumbarton by Aldi Stores Ltd. GRANT full planning permission subject to the following 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
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proposed bird boxes and detailed of the maintenance of the wildflower areas. The plan shall 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”.
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• The Bird Hazard Management Plan shall be implemented as approved and on completion of the development shall remain in force for the lifetime of the development. No subsequent alterations to the plan are to take place unless first submitted to and approved in writing by the Planning Authority in consultation with Glasgow Airport. 15. All plant and equipment (including any ventilation system) to be installed or operated shall be enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed International Standards Organisation (ISO) Noise Rating 35 between 0700 and 2300 hours daily, within any nearby residential property, with windows slightly open for ventilation, when measured and/or calculated and plotted on an ISO rating curve chart. 16. No commercial vehicle making deliveries to or collecting material from the development during construction shall enter or leave the site before 0800 or after 1800. 17. During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may first be agreed in writing with the Planning Authority), shall be carried out between the following hours unless otherwise approved in writing by the Planning Authority: • Mondays to Fridays: 0800 – 1800 • Saturdays: 0800 – 1300 • Sundays and public holidays: No working 18. No piling works shall be carried out until a method statement has been submitted to and approved in writing by the Planning Authority. This statement shall include an assessment of the impact of the piling on surrounding properties, taking into account the guidance contained in BS 6472: 1984 ‘Evaluation of Human Response to Vibration in Buildings’. It shall detail any procedures which are proposed to minimise the impact of noise and vibration on the occupants of surrounding properties. This statement shall be prepared by a suitably qualified person, and the piling works shall thereafter be carried out in accordance with the approved method statement. 19. No development (other than investigative works) shall commence on site until such time as a detailed remediation scheme for the site has been submitted to and approved in writing by the Planning Authority. The scheme shall be prepared by a suitably qualified person and shall detail the measures necessary to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, and the natural and historical environment. The scheme shall include details of all works to be undertaken, the remediation objectives and criteria, a timetable of works and/or details of the phasing of works relative to the rest of the development, and site management procedures. The scheme shall ensure that upon completion of the remediation works the site will not qualify as contaminated land under Environmental Protection Act 1990 Part IIA in relation to the intended use of the land after remediation.
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20. The presence of any previously unexpected contamination that becomes evident during the development of the site shall be reported to the Planning Authority in writing within one week, and work on the site shall cease. At this stage, if requested by the Planning Authority, an appropriate investigation and risk assessment shall be undertaken and a remediation scheme shall be submitted to and approved by the Planning Authority prior to the recommencement of site works. The approved details shall be implemented as approved. 21. If there is a requirement to either re-use site won material or to import material then the assessment criteria and sampling frequency that would adequately demonstrate its suitability for use shall be submitted to and approved by the Planning Authority prior to any material being re-used or imported. In addition to this and in accordance with BS3882:2015 and BS8601:2013, material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours. On completion of the works and at a time and or phasing agreed by the Planning Authority, the developer shall submit a validation report containing details of the source of the material and associated test results to demonstrate its suitability for use. 22. Unless otherwise approved in writing by the Planning Authority, no development shall commence on site until such time as a scheme for the control and mitigation of dust has been submitted to and approved in writing by this Authority. The scheme shall identify likely sources of dust arising from the development or its construction, and shall identify measures to prevent or limit the occurrence and impact of such dust. The approved scheme shall thereafter be implemented fully prior to any of the identified dust generating activities commencing on site and shall be maintained thereafter, unless otherwise approved by this Authority. 23. Prior to the commencement of development on site an air quality impact assessment in accordance with the Environmental Protection UK guidance document “Guidance on land - use planning and development control: Planning for air quality January 2017” shall be submitted to and approved by the Planning Authority. The findings of the assessment shall be implemented prior to the development commencing on site or within a timescale agreed by the Planning Authority. 24. Prior to the commencement of development on site, a Delivery Management Plan shall be submitted to and approved in writing by the Planning Authority. Deliveries to the foodstore shall only occur between the hours of 0700 hours and 2300 hours. All deliveries and other servicing of the site shall then be undertaken in accordance with the approved Delivery Management Plan at all times thereafter. 25. Notwithstanding the approved plans and prior to the commencement of development on site, final details of the foul and surface water drainage system shall be submitted for the written approval of the Planning Authority. The drainage system shall incorporate the principles of Sustainable Drainage
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Systems (SuDS) within its design, and thereafter shall be implemented prior to the occupation of the foodstore hereby permitted. 26. That all surface water shall be intercepted within the site both during construction and on completion of the development and full details of measures to ensure that surface water run-off is contained within the site shall be submitted to and approved in writing to the Planning Authority prior to the commencement of any works on site. The measures shall be implemented and maintained as approved. 27. The foodstore shall not be brought into use until the vehicle parking spaces associated with it have been provided within the site in accordance with the approved plans. The spaces shall thereafter be kept available for parking at all times.