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West Dunbartonshire Council · 13 November 2024
Back to Planning Committee — 13 November 2024 and its agenda

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Agenda
Planning Committee
Date:  Wednesday, 13 November 2024
___________________________________________________________________
Time:  10.00 
___________________________________________________________________
Venue:  Civic Space, Council Offices, 16 Church Street, Dumbarton G82 1QL
___________________________________________________________________
Contact:   Nicola Moorcroft, Committee Officer
nicola.moorcroft@west-dunbarton.gov.uk
Committee.admin@west-dunbarton.gov.uk
Dear Member
Please attend a meeting of the Planning Committee as detailed above.
The business is shown on the attached agenda.
Yours faithfully
PETER HESSETT
Chief Executive
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Distribution:-
Councillor Lawrence O’Neill (Chair)
Councillor Gurpreet Singh Johal (Vice Chair)
Councillor Ian Dickson
Councillor David McBride
Provost Karen Murray Conaghan
Councillor Chris Pollock
Councillor Hazel Sorrell
Councillor Clare Steel
Councillor Sophie Traynor
All other Councillors for information
Date of Issue: 31 October 2024
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PLANNING COMMITTEE
WEDNESDAY, 13 NOVEMBER 2024
AGENDA
1 APOLOGIES
2 DECLARATIONS OF INTEREST
Members are invited to declare if they have an interest in any of the items of
business on this agenda and the reasons for such declarations.
3 OPEN FORUM
The Committee is asked to note that no open forum questions have been
submitted by members of the public.
4 MINUTES OF PREVIOUS MEETING     5 - 10
Submit for approval, as a correct record, the Minutes of Meeting of the
Planning Committee held on 9 October 2024. 
5 NOTE OF VISITATION                    11
Submit, for information, a Note of Site Visitation carried out on 7 October 2024.
6 PLANNING APPLICATION
Submit report by the Chief Officer – Regulatory and Regeneration in respect
of the following Planning application:-
DC24/081/FUL: Façade improvements to shop fronts,  13 - 27
landscaping and associated infrastructure at Artizan Centre,
College Way, Dumbarton by West Dunbartonshire Council.
7 UPDATE ON PLANNING APPLICATIONS DC23/217/FUL 29 - 32
AND DC22/245/FUL 
Submit report by the Chief Officer – Regulatory and Regeneration providing
an update on Planning Applications DC23/217/FUL and DC22/245/FUL which
were referred to the Scottish Ministers.
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PLANNING COMMITTEE
At a Meeting of the Planning Committee held in the Council Chambers, Clydebank
Town Hall, on Wednesday, 9 October 2024 at 10.02 a.m.
Present: Provost Karen Murray Conaghan and Councillors Gurpreet
Singh Johal, Lawrence O’Neill, Chris Pollock, Hazel Sorrell and
Sophie Traynor.
Attending: Michael Mulgrew, Planning, Building Standards and
Environmental Health Manager; James McColl, Development
Management Team Leader; Amy Melkevik, Lead Planning
Officer; Nigel Ettles, Principal Solicitor and Nicola Moorcroft,
Committee Officer.
Apologies: Apologies for absence were intimated on behalf Councillors Ian
Dickson, David McBride and Clare Steel.
Councillor Lawrence O’Neill in the Chair
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in any of the items of
business on the agenda.
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 11 September 2024 were
submitted and approved as a correct record.
PLANNING APPLICATION
A report was submitted by the Chief Officer – Regulatory and Regeneration in
respect of the following Planning application:-
ITEM 4
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DC24/073/FUL: Demolition of existing dwelling and the construction of two new
dwellings and upgrading of the existing access road to an adopted road at 29
Roman Hill Road, Hardgate, Clydebank, G81 6NU by Gerald Mulhearn. 
Reference was made to a site visit which had been undertaken in respect of the above
application.  The Development Management Team Leader and the Planning, Building
Standards and Environmental Health Manager were heard in further explanation, and in
answer to Members’ questions. 
The Chair invited Ms Margaret Hogg (objector) to address the Committee Ms Hogg was
heard in respect of the application. 
The Chair invited Ms Amy Ramage (objector) to address the Committee Ms Ramage was
heard in respect of the application. 
The Chair invited Mr Christopher Wright (objector) to address the Committee. Mr Wright
was heard in respect of the application. 
The Chair invited Mr Patrick Delany (objector) to address the Committee. Mr Delany was
heard in respect of the application. 
The Chair invited Mr William Anderson (Applicant’s Agent) and Mr Gerald Mulhearn
(Applicant) to address the Committee. Mr Anderson and Mr Mulhearn were heard in
respect of the application and in answer to Members’ questions. 
After discussion, the Committee agreed to grant planning permission subject to the
conditions set out in Section 9 of the report, as detailed within Appendix 1 hereto. 
The meeting closed at 10. 43 a.m. 
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APPENDIX 1 
DC24/073/FUL: Demolition of existing dwelling and the construction of two new
dwellings and upgrading of the existing access road to an adopted road at 29
Roman Hill Road, Hardgate, Clydebank, G81 6NU by Gerald Mulhearn. 
CONDITIONS:- 
1. Prior to the commencement of development on site, exact details of all
proposed external materials (inclusive of all hard surfaces), to be used in the
development site shall be submitted to and approved in writing by the
Planning Authority.  Thereafter, unless otherwise agreed in writing with the
Planning Authority, the development shall be completed in strict accordance
with the approved material details and palette. 
Reason: In the interest of visual amenity. 
2. Prior to the commencement of development on site, a detailed boundary
treatment and hard and soft landscaping plan, including timescales for
implementation shall be submitted to and approved in writing by the Planning
Authority.  This plan shall also include details of tree loss, replacement
planting and details of root protection areas to safeguard existing trees.
Thereafter, unless otherwise agreed in writing with the Planning Authority, the
development shall be completed in strict accordance with the approved plan. 
Reason: In the interest of visual amenity, protection and enhancement of
biodiversity and tree protection. 
3. Prior to the commencement of development on site, a Biodiversity
Enhancement Plan setting out how the proposal enhances biodiversity
beyond the current baseline, together with the implementation on site, shall be
submitted to and approved in writing by the Planning Authority. All measures
shall then be implemented as approved.  Thereafter, unless otherwise agreed
in writing with the Planning Authority, the development shall be completed in
accordance with the approved plan. 
Reason: In the interest of biodiversity. 
4. 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. 
Reason: In the interest of visual amenity and biodiversity. 
5. That unless otherwise agreed in writing by the Planning Authority, all
recommendations set out within the submitted Preliminary Roost Assessment
and Bat Activity Survey shall be followed and implemented, inclusive of the
Species Protection Plan as detailed in Appendix 6 of the report, to the
satisfaction of the Planning Authority. 
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Reason: In the interests of the protection of bats. 
6. No site clearance works or works in connection with the demolition of the
existing building shall take place during the bird nesting season March to
August inclusive unless first agreed in writing by the Planning Authority and
nesting bird survey undertaken not more than 48 hours prior to the
commencement of site clearance works, the findings of which shall be
submitted to the Planning Authority. 
Reason: In the interests of the protection of nesting birds. 
7. That prior to the commencement of works on site, full details of the proposed
drainage regime inclusive of calculations and overland flow details shall be
submitted to and approved in writing by the Planning Authority.  The drainage
regime shall then be implemented and maintained thereafter.  For the
avoidance of doubt, the drainage regime shall be implemented
commensurately with the construction of the houses it serves. 
Reason: To ensure adequate drainage of the site. 
8. 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. 
Reason: To ensure adequate drainage of the site. 
9. Prior to commencement of any works on site, including the demolition of the
existing building, full details regarding the works to be undertaken to upgrade
the section of Roman Hill Road included within the red line shown on the
approved Location Plan to an adoptable standard in accordance with West
Dunbartonshire / National Road Design Guidance specifications, together with
a detailed programme for the implementation and completion of the works,
shall be submitted to and approved in writing by the Planning Authority in
consultation with the Council’s Roads Service.  Thereafter the works shall
proceed in accordance with the approved details unless otherwise agreed in
writing with the Planning Authority. 
Reason: To ensure a suitable road arrangement in the interests of road and
pedestrian safety and that this is implemented in a suitable timescale. 
10. Notwithstanding condition 9 above and for the avoidance of doubt, prior to
commencement of works to construct a second dwellinghouse upon the site,
the upgrade of the section of Roman Hill Road included within the red line
shown on the approved Location Plan shall be completed as agreed under
condition 12 to the satisfaction of the Planning Authority, unless otherwise first
agreed in writing by the Planning Authority. 
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Reason: In order to ensure that the road used to access the additional
number of dwellinghouses is of an acceptable standard. 
11. Prior to commencement of any works on site, a site management scheme for
construction traffic shall be submitted to and approved in writing by the
Planning Authority.  Thereafter work shall proceed in accordance with the
approved scheme unless otherwise agreed in writing with the Planning
Authority. 
Reason: In the interest of road safety. 
12. That prior to the occupation of any house, the off-street parking provision
hereby approved shall be completed and be available for use by residents of
the associated house.  The off-street parking provision shall then remain
unobstructed and available for use by residents of the associated house at all
times thereafter. 
Reason: To ensure adequate parking provision is in place for development. 
13. Prior to the occupation of the houses hereby permitted, the developer shall
install the necessary infrastructure to enable the full development and all
associated properties to be connected to the existing fibre optic network,
where available in West Dunbartonshire, and in accordance with the relevant
telecommunications provider’s standards. 
Reason: To ensure compliance with Policy CON4 of the West Dunbartonshire
Proposed Local Development Plan (2020) and in the interests of securing the
facilities to support communities. 
14. Unless otherwise approved in writing by the 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. 
Reason: To minimise the occurrence of dust, in the interests of the amenity of
the area. 
15. During construction, no commercial vehicle making deliveries to or collecting
material from the development shall enter or leave the site before 0800 or
after 1800. 
Reason: To minimise noise and disturbance to nearby residents at unsocial
hours. 
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16. 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 
Reason: To ensure that the development does not adversely affect the
amenity of neighbouring properties by creating excessive noise and
disturbance at unsocial hours. 
17. Prior to the commencement of works on site, a scheme for the salvage and
reuse of material from the demolition of the existing house shall be submitted
to and approved in writing by the Planning Authority.  Works shall then
proceed as approved. 
Reason: In the interests of zero waste.
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PLANNING COMMITTEE
NOTE OF VISITATION – 7 OCTOBER 2024
Present: Councillors Lawrence O’Neill, Clare Steel and Sophie Traynor.
Attending: Michael Mulgrew - Planning, Building Standards and
Environmental Health Manager, James McColl - Development
Management Team Leader and Amy Melkevik - Lead Planning
Officer. 
SITE VISIT
A site visit was undertaken in connection with the undernoted planning application:-
29 Roman Hill Road, Hardgate, Clydebank, G81 6NU
DC24/073/FUL: Demolition of existing dwelling and the construction of two new
dwellings and upgrading of the existing access road to an adopted road by Gerald
Mulhearn.
ITEM 5
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 13th November 2024
DC24/081/FUL: Façade improvements to shopfronts, landscaping and associated
infrastructure at Artizan Centre, College Way, Dumbarton by
West Dunbartonshire Council
1. REASON FOR REPORT
1.1 The planning application raises new or significant issues and under the terms of the
approved Scheme of Delegation, it therefore requires to be determined by the
Planning Committee.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9.
3. DEVELOPMENT DETAILS
3.1 The application site is located on College Way within Dumbarton’s Town Centre and
extends to approximately 1 ha. The site is primarily hardstanding and includes a
variety of buildings forming part of the Artizan Shopping Centre, with a few small
areas of grass along the site’s boundary as well as some street trees planted along
High-Street, at the car park on Risk Street Carpark and at Artizan Centre entrance on
St Mary’s Way. A small portion of the south of the development site is located within
the Dumbarton Town Centre Conservation Area boundary, including the buildings
fronting High Street.
3.2 At the time of submission, and therefore reflected in the plans and drawings, College
Way was lined with retail units which formed part of the wider Artizan Shopping
Centre, albeit the majority of these were vacant. Since the submission of the
application, a number of these units have been demolished in order to make way for
both this proposal and also the wider redevelopment of the site. These demolition
works do not alone require planning permission. The application site also includes
the public realm between the retail units on College Way as well as a section of High
Street at the southern end of the site and the land between Risk Street and St Marys
Way to the north of the site.
3.3 This Planning Application covers what will be Phase 1 of a wider re-development
project of the current Artizan Centre site in Dumbarton. The wider
masterplan/development framework is being considered separately via an application
for Planning Permission in Principle (DC24/108/PPP) and comprises a mixed-use
scheme that seeks to redevelop the site and partially repurpose the existing buildings
where possible. The masterplan seeks to create a new high quality permeable public
realm and is intended to contain the following uses: residential; retail (at ground floor
and key corners); leisure/food and beverage and a healthcare facility. West
Dunbartonshire Council successfully applied to the UK Government’s Levelling Up
Fund to tackle the decline of Dumbarton Town Centre and deliver three key projects
in the town, one of which is the Artizan Centre.
ITEM 6
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3.4 As part of this application, permission is sought for façade improvements to existing
shopfronts as well as landscaping and associated infrastructure. The façade
improvements include:
 The removal of the “gateway” canopies at the entrances to the Artizan Centre St
Marys Way. Conservation Area Consent has already been granted under
application DC24/086/CON for the removal of the canopy at the High Street
which is within the Conservation Area,
 Removal of shelter canopies on College Way,
 Upgrade of shelter canopies on High Street with bronze film,
 Partial removal of zinc cladding at upper levels to be replaced with glazed
ceramic tile cladding. This cladding will be similar to what has been approved at
the adjacent Glencairn House,
 Timber cladding at upper levels on High Street to be removed, and replaced with
timber effect cladding panels,
 Painting of concrete at upper-level black,
 Removal of existing light fittings attached to building and replaced with bronze
coloured light fittings,
 One concrete upstand to be cut off at roof line and made good with new capping
piece, and
 All shopfronts including glazing, doorsets and signage to be removed and
replacement black aluminium shopfronts installed.
3.5 The public realm/landscaping proposals include:
 Creation of new square in the location of the buildings currently being removed,
 A shelter structure as a focal point within the new square created via a series of
vertical elements with the inclusion of a sedum roof canopy,
 Enhancement of Collage Way with new high-quality paving and landscaping,
 Open space,
 Play space,
 A feature landscaped area in the form of “maze”.
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service
No objection to the proposal subject to conditions relating to a construction
programme and details traffic management proposals being submitted. Informatives
recommended in relation to pre/post inspections of the publicly adopted areas,
mechanical road brush provision, all necessary permits/permissions being obtained
prior to commencement of works and site boundaries being appropriately secured to
ensure no material can be deposited on publicly adopted areas.
4.2 West Dunbartonshire Council Roads Service (Flooding)
No objections. It is noted that the site has been identified as a location which is at
risk of Coastal Flooding as shown on the SEPA Flood Maps for all likelihoods.
Historic records show at least 1 event where coastal flooding has reach the High
Street. As coastal flooding can be predicted in advance the site would require to be
flood resilient with consideration to not increasing the flood depth to surrounding
properties in the likelihood of a flood event. The factors contributing to coastal
flooding in Dumbarton are the tidal level and wind speed/direction.
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4.3 West Dunbartonshire Council Environmental Health Service
No objections subject to conditions relating to site investigation, remediation, hours of
work and dust control.
4.4 West Dunbartonshire Council Biodiversity Officer
No objections subject to conditions relating to a Tree Protection Plan to describe how
these trees will be safeguarded through the development process, including details of
any works required to the trees to allow for the construction phase.
4.5 West of Scotland Archaeology Service
No objections subject to a condition relating to the implementation of a programme of
archaeological works in accordance with a written scheme of investigation.
5. REPRESENTATIONS
5.1 One objection was received in relation to the proposal. The full details are contained
within the planning file and are available for public viewing. However, the key points
of objection relate to the lack or progress in regard to the proposed demolition on
site. These points are addressed in the appraisal below.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
National Planning Policy 4
6.1 Policy 1 relates to tackling the climate and nature crises and states that when
considering all development proposals significant weight will be given to the global
climate and nature crises. Policy 2 also relates to the climate in the form of climate
mitigation and adaptation and states development proposals will be sited and
designed to minimise lifecycle greenhouse gas emissions as far as possible and
development proposals will be sited and designed to adapt to current and future risks
from climate change. Policy 3’s intent is to protect biodiversity, reverse biodiversity
loss, deliver positive effects from development and strengthen nature networks.
6.2 As part of the site is located within a conservation area Policy 7 applies. Development
proposals in or affecting conservation areas will only be supported where the character
and appearance of the conservation area and its setting is preserved or enhanced. A
number of listed buildings are located within the town centre in the vicinity of the site
and Policy 7 further advises that development proposals affecting the setting of listed
building should preserve their character and special architectural and historic interest.
6.3 Within the Artizan Centre, some of the units are vacant and as such Policy 9
addressing brownfield, vacant and derelict land and empty buildings applies.
Development proposals that will result in the sustainable reuse of brownfield land
including vacant and derelict land and buildings, whether permanent or temporary, will
be supported.
6.4 Development proposals will be designed to improve the quality of an area whether in
urban or rural locations and regardless of scale as per Policy 14. Policy 15 relates to
local living and 20-minute neighbourhoods. Development proposal will contribute to
local living including, where relevant, 20-minute neighbourhoods. Consideration will
be given to existing settlement pattern, and the level and quality of interconnectivity
of the proposed development with the surrounding area, including local access to
shopping and playgrounds and informal play opportunities, parks, green streets and
spaces.
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6.5 Policy 21 which addresses play, recreation and sport encourages, promotes and
facilitates spaces and opportunities for play, recreation and sport. Policy 22 on flood
risk and water management states that proposals will not increase the risk of surface
water flooding to others, or itself be at risk; manage all rain and surface water through
sustainable urban drainage systems (SuDS) and seek to minimise the area of
impermeable surface. The application site is within an area at risk of flooding and
falls into the exemption set out within the Policy relating to redevelopment of an
existing building or site for an equal or less vulnerable use. It remains that as per the
Policy matters relating to flood risk require to be fully considered and understood.
6.6 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. Development 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 through Policy
27.
6.7 With appropriate planning conditions, the proposed development is supported by all
relevant policies of National Planning Framework (NPF)4 and is assessed fully in
Section 7 below.
West Dunbartonshire Adopted Local Plan 2010
6.8 Policy UR1 encourages the redevelopment and re-use of underused, vacant and/or
derelict land and buildings for appropriate uses such as housing. Policy GD1 seeks
to ensure that all new development is of a high quality of design and respects the
character and amenity of the area.
6.9 Policy RET5 seeks to improve the environment of the town centres of Alexandria,
Clydebank and Dumbarton and Policy RET6 seeks to protect and enhance the retail
and commercial function by encouraging the improvement of existing retail
floorspace.
6.10 Policy DC 2 requires new shopfronts, whether on existing buildings or on new
developments, to be designed in accordance with the Council’s Shop Front Design
Guide for commercial frontages.
6.11 Policy BE1 seeks to ensure that no works adversely affect the appearance and
character of conservation areas and Policy BE2 takes a similar approach in respect
of ensuring that proposals do not adversely affect the setting of any listed buildings.
Policy BE3 encourages and supports the renovation rather than demolition of derelict
properties which are not listed but are considered to contribute to the townscape
character of the surrounding area. Policy B5 advises on development proposals that
impact upon local archaeology and the approach to assessing and recording
features.
6.12 Policy R2 states that the Council will have due regard to the provision of open space
as an integral part of proposals. Policy R3 relates to the enhancement of open space
and sports facilities.
6.13 Policy E1 relates to the Council’s biodiversity duty. Policy E5 requires new
development proposals to consider impacts on trees and incorporate suitable tree
planting. Policies F1 and F2 aim to ensure that new development is not at risk from,
and does not increase the risk of flooding, and has suitable SUDS drainage
infrastructure. There is a general presumption against development within the flood
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plain. The up-to-date development plan position in flooding is set out within Policy 22
of NPF4 which therefore has primacy in this instance.
6.14 The proposal overall complies with the relevant policies of the adopted local plan and
is assessed fully in Section 7 below.
7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
7.1 On 15 March 2023, the Planning Committee took a decision that the Council would
not adopt Local Development Plan 2. The Proposed Local Development Plan 2
(LDP2), incorporating the recommended modifications of the Examination Report
received on 22 April 2020, which were accepted by the Planning Committee of 19
August 2020, remains the Council’s most up to date spatial strategy and is therefore
afforded significant weight in the assessment and determination of planning
applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction
relating to the adoption of LDP2, dated 18 December 2020, is also a material
consideration.
7.2 Policy CP1 seeks to ensure that all new development will be expected to contribute
towards creating successful places by having regard to the six qualities of a
successful place (distinctive, adaptable, resource efficient, easy to get to/move
around, safe and pleasant, and welcoming). Policy CP2 requires the integration and
consideration of green infrastructure from the outset of the design process through to
its maintenance and stewardship of the resource.
7.3 Dumbarton Policy 1 High Street and Retail Development supports a more diverse
and vibrant Town Centre and will encourage a range of uses within the Core Town
Centre area where they accord with Policy SC2 of the Plan. Policy SC2 supports a
range of different uses within the core Town Centre where they help to improve the
vibrancy of the Town Centre.
7.4 Policy BE1 takes a similar approach to the adopted Local Plan in respect of
archaeology with Policy BE2 advising on the impact upon the setting of listed
buildings. Due to the location within a conservation area, Policy BE3 applies. Policy
BE3 does states that new development within or affecting a Conservation Area
should be of a high standard of design and enhance the character of the area, and
should have regard to the Conservation Area Appraisal for that area.
7.5 Policies ENV1, ENV4, and ENV6 are all similar to the ecology and tree, water
environment and flooding policies of the adopted Local Plan, although in respect of
flooding, the up-to-date development plan position is set out within Policy 22 of NPF4
which has primacy.
7.6 The Council will actively encourage the temporary greening of any vacant, derelict,
stalled or underused site to improve the contribution to the green infrastructure and to
improve the character and amenity of the particular community or area in accordance
with Policy ENV7. Policy ENV8 relates to air, light and noise pollution and states that
all new development must ensure that significant adverse noise impacts on
surrounding properties and uses are avoided. Policy ENV9 requires developers to
establish the nature of any contamination on any potential development site. Where
contamination is present and risks to key receptors are identified, then remediation
will be required to ensure the site can be made suitable for its future use.
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7.7 It is considered that overall, the application proposal being assessed complies with
the relevant policies above.
Historic Environment Scotland’s Policy and Guidance
7.8 The Historic Environment Policy for Scotland seeks to ensure that changes to
specific assets and their context are managed in a way that protects the historic
environment.
7.9 Historic Environment Scotland’s Managing Change in the Historic Environment
Guidance Note series provides advice and guidance to Planning Authorities
determining applications which affect the historic environment. Guidance Note
subjects relevant to this proposal include setting, external walls, shopfronts and
windows.
7.10 The guidance note on ‘Setting’ advises that setting can be important to the way in
which historic structures or places are understood, appreciated and experienced, and
provides guidance on factors to be considered in assessing the impact of a change
on the setting of a historic asset or place. Overall, it is considered that the principle of
the proposal will enhance the setting of the Dumbarton Conservation Area and be to
the benefit of the wider area and therefore have no detrimental effects to any
surrounding Conservation Area or listed buildings.
7.11 The guidance on ‘External Walls’ highlights that the design, materials, method of
construction, colour, texture, detailing and finish typically contribute to the character
of a historic wall. Whilst the buildings of the Artizan themselves are not listed they
form a part of the fabric of the Conservation Area. Shopfronts are highlighted as
contributing to the architectural quality of a building and to the character of a place.
7.12 Overall, the proposal presents no conflicts with Historic Environment Scotland’s
Policy and Guidance.
7.13 Dumbarton Town Centre Conservation Area Appraisal
Dumbarton Town Centre Conservation Area was designated on 11 October 2019.
The Conservation Area Appraisal notes that the architecture of Dumbarton town
centre falls into a number of distinct eras which can be easily identified by the styles
and materials employed. This creates interest and relieves potential monotony. It is
noted that since the turn of the century, West Dunbartonshire Council has seen the
regeneration of the town centre as a priority, including the Artizan Centre at the heart
of the 1960s re-development which was re-modelled in 2004
7.14 The creation of the Artizan Centre and its redevelopment is noted at several points
throughout the appraisal, with comments made that the re-modelling (and
enlargement) of the Artizan Centre destroyed the 1960s pedestrian route through the
town square to the cinema, housing and station beyond; that there are a number of
unresolved areas behind and near the Artizan Centre that do not aid orientation; and
that there is even a uniformity of scale in the buildings that were delivered as part of
the creation of the Artizan Centre.
7.15 The Dumbarton Town Centre Conservation Area Proposal of 2019 noted that the
High Street Character Area had retained much of its original form in terms of its solid
frontage and retail designation. The lack of quality in shop frontages and signage is
extremely detrimental to the character and townscape of Dumbarton. Many
shopfronts and signage displays on High Street are constructed of non-traditional
materials, and do not reflect the original proportions of traditional shopfronts.
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7.16 Open space in the town centre comprises largely of car parks and small pockets of
grass: Dumbarton is well served by places to park and the majority of these are
landscaped with hedge planting and trees (some flowering).
7.17 The appraisal also notes that given the various periods of development evident in the
Dumbarton Town Centre Conservation Area, there is a wide range of building
materials used, not all of which fall under the category of “traditional”. Public realm
finishes are stated to be tidy, albeit clinical.
Creating Places Guidance and Green Network and Green Infrastructure Guidance
7.18 The Creating Places Supplementary Guidance – November 2022 seeks to achieve
high quality development with a design led approach based on a thorough appraisal
of the site and an analysis of its context and sets out that this is expected for all
development proposals.
7.19 The Green Network and Green Infrastructure Supplementary Guidance - November
2022 seeks to ensure that the proposal also integrates landscaping and green
infrastructure as part of the setting of the new development and open space created.
This will include a focus on biodiversity enhancement.
Principle of Development
7.20 The site is located within the defined Dumbarton Town Centre area as well as within
the core Town Centre area. NPF4, the adopted Local Plan and the proposed LDP2
all promote developments within town centres which increase viability and vitality of
the town centre. The proposals to upgrade shopfronts is well supported by Policy 14
of NPF4 which requires proposals to improve the quality of an area and regardless of
scale as well as Policy DC 2 of the adopted Local Plan.
7.21 The proposal for public realm works in the form of a shelter structure, play area and
landscaping is also well supported through Policy 15 relating to local living and 20
minute areas as well as Policy 21 relating to the provision of play opportunities. In
addition, Policy ENV7 supports the temporary greening of sites.
7.22 The proposal will support long term town centre regeneration plans for Dumbarton
Town Centre and will complement the proposals for the regeneration of the Glencairn
House. Overall, the principle of the development to upgrade existing shopfronts as
well as the public realm works are appropriate and encouraged within the Town
Centre where this development proposal is located. The proposals will provide
significant enhancement to the area, which in turn will create a more attractive
environment which will potentially encourage people to the Town Centre. Any
increase in footfall will have a positive impact on the overall vitality and viability of the
Town Centre.
Site Layout, Design and Appearance
7.23 The site layout in part remains as is, with the shopfronts remaining in situ and
College Way retaining its current development pattern. The new landscaped square
extends to an area of approximately 1600 square metres. Underground surface water
attenuation crates which must avoid all other underground utilities will be provided
below the new square. The new landscaping features to Collage Way also require to
avoid existing utilities. However, their placement retains the strong through route
along College Way and links the new square to the High Street via a high-quality
public realm space.
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7.24 New developments require to be well designed, take cognisance of the setting into
which they are introduced and provide a high-quality appearance. The proposals to
upgrade the shopfronts along College Way as well as High Street, use a colour
palette and materiality that have been developed to reference the heritage of the site
and wider town. Dumbarton’s prolific glassmaking industrial heritage was clustered in
the northeast of the town in an area known as ‘Artisan’. This legacy provides the
namesake for the current Artizan Centre and provides a rich narrative to draw upon
for the materiality concepts. Proposals for Glencairn House also reference this
history in the colour palette used, in particular for the new additions to the building.
The tonal, ceramic cladding in particular links the current proposal with the consented
works to Glencairn House. Whilst the proposed works will be a visual change to what
is existing, it is considered that the proposed materials and colours will add richness
and interest to existing shopfronts.
7.25 The shopfronts along High Street are also within the Dumbarton Town Centre
Conservation Area and as such require to take this into account. The Conservation
Area Appraisal for Dumbarton Town Centre particularly notes that the lack of quality
in shop frontages and signage is extremely detrimental to the character and
townscape of Dumbarton. The shopfronts in question are not within historic buildings,
but rather a more recent shopping precinct development. None-the-less, the upgrade
of the existing shopfronts with a high design quality and materials will benefit the
appearance of both the Conservation Area and wider Town Centre.
7.26 Overall, it is considered that the proposal will create a well-designed development
which will address the six qualities of successful places by ensuring the layout and
form of the development is appropriate, complying with policies GD1 and CP1 of the
adopted and proposed Plans, as well as Policy 14 of NPF4. In addition, the proposal
whilst bringing in new colour palettes and materials is appropriate within the
Dumbarton Town Centre Conservation Area, in accordance with the policies relating
to conservation areas and the historic environment.
Open space, landscaping and trees
7.27 Open space and landscaping are an integral part of this proposal. Open space is
created where buildings previously part of the Artizan Centre once sat. As the
buildings that occupied the site previously were not residential and are outwith the
boundary of the conservation area, their demolition does not require any application
for consent in terms of Planning. Within the space created, a shelter structure is to be
created. This is formed of a series of vertical elements which take design references
from the structures of Dumbarton’s shipbuilding heritage. The shelter structure also
features a sedum roof. Beyond the shelter structure is a proposed play space. This
incorporates a variety of equipment for different ages and abilities and draws
inspiration from Dumbarton’s connection to the water with sailboat and wave shaped
play equipment. To the west of the shelter structure and play space is an area of
landscaping is to be provided which also incorporates play in the form of logs and
stepping stones. Due to the wider proposal for the Artizan Centre site (covered within
a separate application) a “meanwhile” area of landscaping located to the northeast of
the site. This incorporates existing trees as well as hard and soft landscaping to
create a maze pattern. The addition of open space, play space and the addition of
landscaping feeds into the national spatial strategy to create vibrant places to live, to
make better use of our spaces to support physical activity, relaxation and play, to
bring people together and to celebrate our culture, diversity and heritage.
7.28 There are a small number of trees on the site currently. Three on High Street and
approximately twelve to the north of the site at the Risk Street / St Mary’s Way
entrance to the Artizan Centre. It is proposed that these trees will be retained. The
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Council’s Biodiversity Officer has requested further details of how these trees are to
be protected during construction. This condition has been recommended. New
planting as part of the proposal is to be located centrally within College Way, as well
as within a landscaped area surrounding the shelter structure and play space as well
as within a “meantime” space which will temporarily be greened with the expectation
that further development will occur on this space at some point in the future. The
proposal includes an increase in the number of trees planted as well as
shrub/perennial planting and wildflower grass seeding and amenity grass seeding in
the “meantime space”. The increase in planting is in accordance with Policies relating
to biodiversity as well as creating places. In addition, the Council has a specific policy
relating to the temporary greening of spaces and as such the “meantime” space is in
accordance with this policy.
Flooding and drainage
7.29 Considering flooding and drainage, the Council’s Roads Service were consulted on
the application in this respect. It has been stated that the site has been identified as a
location which is at risk of Coastal Flooding as shown on the SEPA Flood Maps for
all likelihoods and that historic records show at least 1 event where coastal flooding
has reach the High Street. As coastal flooding can be predicted in advance the site
would require to be flood resilient with consideration to not increasing the flood depth
to surrounding properties in the likelihood of a flood event. No objections have been
raised.
7.30 Policy 22 of NPF4 sets out to strengthen resilience to flood risk by promoting
avoidance as a first principle and reducing the vulnerability of existing and future
development to flooding. Development proposals at risk of flooding or in a flood risk
area will only be supported in certain circumstances. These include for essential
infrastructure, for water compatible uses, for development of an existing building or
site for an equal or less vulnerable use; or for the redevelopment of previously used
sites in built up areas where the LDP has identified a need to bring these into positive
use and where proposals demonstrate that long-term safety and resilience can be
secured in accordance with relevant SEPA advice. This proposal is for the
redevelopment of an existing site for an equal vulnerable use, does not create
additional floorspace and comprises landscaping and public realm works. The works
to the existing buildings including the replacement shopfronts do not raise any
concerns or have any implications in respect of flood risk. Therefore, the proposal is
considered to be in accordance with the Policy.
Residential Amenity
7.31 Whilst the immediate surrounding area is a busy town centre which is not
predominantly residential, it is recognised that residential properties do exist within
the town centre. Whilst residents choosing to reside within the town centre may
benefit from the proximity of local shops, services and transport links, the same
degree of residential amenity as would be experienced within a primarily residential
area cannot be expected. The proposal to introduce landscaping works, shelter
structure and play space has the intention of providing space for activity, however
this is in the context of a busy town centre location and it is considered that any
impact on residential amenity within the town centre would be minimal. The
construction phase of the development has the potential to cause noise issues,
however this will be short term in nature. Subject to appropriate conditions the
proposal complies with the policy.
Access and Parking
7.32 The town centre location means the site is highly accessible with good connections
to the surrounding area including footpath network and nearby bus stops and the
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train station. The site is approximately 0.5 miles or a 10 minute walk from Dumbarton
train station, and connectivity between the locations is scheduled to be improved
through the Connecting Dumbarton project. From Dumbarton train station there are
regular trains to other stations in West Dunbartonshire and to Glasgow, Edinburgh
and Helensburgh. National cycling route 7 runs through Dumbarton town centre,
within 100 metres of the southern entrance of the Artizan Centre. There are a
number of local bus routes that run along the High Street with a bus stop just outside
the Artizan Centre. There is sufficient car parking in the vicinity, and due to the town
centre location, proximity to access routes and existing town centre parking
provision, it is considered that no additional or dedicated parking is justified. The
Council’s Roads Service have offered no objections to the proposal and suggested
conditions relating to a construction programme and details traffic management
proposals being submitted.
Built and Cultural Heritage
7.33 Part of the application site lies within Dumbarton Town Centre Conservation Area,
and the impacts upon the Conservation Area are already considered earlier in the
assessment. A number of listed buildings are located within the Town Centre, and in
the vicinity of the application site. These include the Category B listed Glencairn
House which lies adjacent to the site on the opposite side of High Street. It is not
considered that the proposal has any impact upon the setting of any of the listed
buildings within the Town Centre.
7.34 Turning to archeological matters, West of Scotland Archeology Service (WoSAS)
advice on elements of the proposal that would require ground disturbance as they
would have the potential to intersect with significant historic period settlement
remains if these survive within the footprint of the areas affected. The requirement for
the implementation of a programme of archaeological works in accordance with a
written scheme of investigation is set out by WoSAS. This requirement can be
addressed by condition.
Other Matters
7.35 No site investigation has been submitted as part of the application documents. Whilst
one has been submitted as part of the other planning application submission for the
wider project further details are required. As such it has been recommended as part
of the consultation response from Environmental Health that that a condition be
applied regarding site investigation. Further conditions recommended by
Environmental Health relate to, remediation, hours of work and dust control. The
addition of these conditions will ensure that the proposal is in accordance with the
relevant policies.
Representations
7.36 As highlighted during the assessment above, the demolition of the existing buildings
does not alone require planning permission and does not form part of this application.
Concerns regarding the rate at which the development is progressing is not a
material consideration that can have any bearing on the assessment of the
application proposal.
8. CONCLUSION
8.1 The proposed development comprises what will be the first phase of a larger
proposal to tackle the decline of Dumbarton Town Centre which successfully gained
Levelling Up funding. It feeds into the Connecting Dumbarton project as well as the
adjacent Glencairn House project as part of this. The upgrade to the shopfronts as
well as the improvements and additions in the form of the shelter structure, play
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space and landscaping are welcome and important additions to Dumbarton Town
Centre. The developments will bring vitality to the town centre and provide positive
new spaces for the community and is phase one in securing the town centres long
term future. The striking new colour palette and material finishes are heavily
influenced by the rich history of the town of Dumbarton itself and add an additional
layer to the story of the town centre. In addition the colour and material finishes link
this development with the adjacent Glencairn House project. The proposal is
considered acceptable with reference to NPF4, the adopted West Dunbartonshire
Local Plan and the proposed West Dunbartonshire Local Development Plan 2.
9. CONDITIONS
1. Prior to the commencement of development on site, exact details of all proposed
external materials (inclusive of all hard surfaces), to be used in the development site
shall be submitted to and approved in writing by the Planning Authority. Thereafter,
unless otherwise agreed in writing with the Planning Authority, the development shall
be completed in strict accordance with the approved material details and palette.
Reason: In the interest of visual amenity.
2. Notwithstanding the approved plans, a programme for the implementation and
completion  of the soft and hard landscaping works shall be submitted to, and
approved in writing by the Planning Authority.  Thereafter the development shall
proceed accordance with the approved details, unless otherwise agreed in writing by
the Planning Authority.
Reason: In the interest of visual amenity.
3. Notwithstanding the approved details, a Tree protection Plan to describe how trees
on site shall be safeguarded through the development process, including details of
any works required to the trees to allow for the construction phase shall be submitted
to and approved in writing by the Planning Authority. Thereafter, unless otherwise
agreed in writing with the Planning Authority, the development shall be completed in
strict accordance with the approved plan.
Reason: In the interest of visual amenity, protection and enhancement of biodiversity
and tree protection.
4. 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.
Reason: In the interest of visual amenity and biodiversity.
5. Notwithstanding the approved plans, prior to the installation of the proposed play
equipment, full details of the equipment to be installed and its location shall be
provided to and approved in writing. Thereafter, the play equipment shall be installed
as specified, and remain in place for the lifetime for the development unless
otherwise agree in writing by the Planning Authority.
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Reason: To ensure that full details of play equipment are secured.
6. Prior to commencement of any works on site, a site management scheme for
construction traffic shall be submitted to and approved in writing by the Planning
Authority. Thereafter work shall proceed in accordance with the approved scheme
unless otherwise agreed in writing with the Planning Authority.
Reason: In the interest of road safety.
7. a) No development that breaks ground or otherwise involves ground works
(other than investigative work) can take place until such time as a
comprehensive site investigation has been carried out to the appropriate
Phase level and submitted to and approved in writing by the Planning
Authority. The investigation shall be completed by a suitably qualified and
competent person and completed in accordance with advice given in the
following:
 Planning Advice Note 33 (2000) and Part IIA of the Environmental
Protection Act 1990 (as inserted by section 57 of the Environment Act
1995)
 BS 10175:2011+A1:2013 – British Standards institution ‘The Investigation
of Potentially Contaminated Sites – Code of Practice’.
 Land Contamination and Development Management -Guidance.
https://www.ep-scotland.org.uk/wp-
content/uploads/2019/09/ConLanDevGuide_12-Aug19-FINAL.pdf
b) If the Phase 1 investigation indicates any potential pollution linkages, a
Conceptual Site Model must be formulated, and these linkages must be
subjected to risk assessment. If a Phase 2 investigation is required, then a
risk assessment of all relevant pollution linkages will require to be submitted.
c) If the risk assessment identifies any unacceptable risks then an appraisal of
remedial options followed by a detailed remediation scheme will be submitted
to and approved in writing by the Planning Authority. No works other than
investigative works shall be carried out on site prior to receipt of the Planning
Authority’s written approval of the remediation scheme.
Reason: To protect public health and to ensure that the site is suitable for its
intended use.
8. Remediation of the site shall be carried out in accordance with the approved
remediation scheme prior to the proposed development being brought into use. Any
amendments to the approved remediation scheme shall not be implemented unless
approved in writing by the Planning Authority.
On completion of the remediation works, the developer shall submit a verification
report to the Planning Authority, confirming that the works have been carried out in
accordance with the approved remediation scheme and that the works have
successfully reduced the risks to acceptable levels.
Reason: To protect public health and to ensure that the site is suitable for its
intended use.
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9. 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.
Reason: To protect public health and to ensure that the site is suitable for its
intended use.
10. 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.
Reason: To protect public health and to ensure that the site is suitable for its
intended use.
11. Unless otherwise approved in writing by the 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.
Reason: To minimise the occurrence of dust, in the interests of the amenity of the
area.
12. 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:
a. Mondays to Fridays: 0800 – 1800
b. Saturdays: 0800 – 1300
c. Sundays and public holidays: No Working
Reason: To ensure that the development does not adversely affect the amenity of
neighbouring properties by creating excessive noise and disturbance at unsocial
hours.
13. Prior to any works proposed which break ground or otherwise involves ground works,
the developer shall secure the implementation of a programme of archaeological
works in accordance with a written scheme of investigation which has been
submitted to and approved in writing by the Planning Authority in consultation with
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the West of Scotland Archaeology Service. Thereafter the developer shall ensure
that the programme of archaeological works is fully implemented and that all
recording and recovery of archaeological resources within the development site is
undertaken to the satisfaction of the Planning Authority in agreement with the West of
Scotland Archaeology Service.
Reason: In the interests of the recording of antiquity.
Michael Mulgrew
Planning, Building Standards and Environmental Health Manager
Date: 13th November 2024
Person to Contact: Michael Mulgrew, Planning & Building Standards Manager
Email: Michael.Mulgrew@west-dunbarton.gov.uk
James McColl, Development Management Team Leader
Email: James.McColl@west-dunbarton.gov.uk
Appendix: Location Plan
Background Papers: 1. Application forms and plans
2. Representation
3. Consultation responses
4. National Planning Framework 4
5. West Dunbartonshire Local Plan 2010
6. Proposed West Dunbartonshire Local Development
Plan 2 2020, as amended
7. Creating Places Guidance (2022)
8. Green Network and Green Infrastructure
Supplementary Guidance (2022)
9. Dumbarton Town Centre Conservation Area Appraisal
10. Historic Environment Policy for Scotland
11. Historic Environment Scotland Managing Change in
the Historic Environment Guidance Notes on Setting,
External Walls and Shopfronts
Wards affected: Ward 3 (Dumbarton)
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¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 30/10/2024.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:2,500@A430/10/2024
DC24/081/FUL - Location PlanWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
ITEM 6 - APPENDIX 1
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 13th November 2024
_____________________________________________________________
Subject: Planning application 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; and
Planning application DC22/245/FUL - Formation of a dwellinghouse
with the re-establishment of the derelict Ferrydykes cottage into a
family home, involving the renovation of the existing property
inclusive of the construction of a dormer and extension to the rear
together with associated works at Former Ferry Dyke Canal House,
Portpatrick Road, Old Kilpatrick by Mr Farhat Malik
1. Purpose
The purpose of this report is to update the Committee of the position relating to the
above planning applications which were referred to the Scottish Ministers following
Committee determining it was minded to grant planning permission in both cases.
2. Recommendations
2.1 It is recommended that the Committee note the position.
3. Background
3.1 Planning application DC23/217/FUL considered a proposal for the 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. The Scottish
Environmental Protection Agency (SEPA) objected in principle to the application and
recommended that planning permission should be refused. This was because they
considered the proposed development was expected to put people or property at risk
of flooding, which is contrary to the duties se out under the Flood Risk Management
(Scotland) Act 2009, and the policy principles of National Planning Framework 4.
3.2 In considering the application, the proposal was welcomed and was considered to
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 was
considered to outweigh the flooding concerns which formed the basis of SEPA’s
objection. The design of the store unit and the adjacent car park were considered to
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 the mix of
retail offerings and vitality of the Town Centre, without any detrimental effects on
local amenity.
ITEM 7
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3.3 Planning application DC22/245/FUL considered a proposal for the formation of a
dwellinghouse with the re-establishment of the derelict Ferrydykes cottage into a
family home, involving the renovation of the existing property inclusive of the
construction of a dormer and extension to the rear together with associated works at
Former Ferry Dyke Canal House, Portpatrick Road, Old Kilpatrick.  SEPA initially
submitted a holding objection to the application and requested that further
information be provided. Once this information was provided and following a re-
consultation, SEPA objected in principle to the application and recommended that
planning permission should be refused. This was because the proposed
development was expected to put people or property at risk of flooding, which is
contrary to the duties se out under the Flood Risk Management (Scotland) Act 2009,
and the policy principles of National Planning Framework 4.
3.4 In considering this application, Members emphasised that the only objection was
from SEPA.  There was no objection from the Council as local flood authority. Local
Members, with a knowledge of the site, could not recall when the site last flooded. 
SEPA described the proposed development as being dangerous but did not explain
why that was the case.  It was noted the engineer involved was happy with the
proposal.  There would be access from the towpath in times of flooding.  Whilst
Committee did not propose to disregard the points raised by SEPA, informed by the
submitted flood risk assessment and lack of objection from the local flood authority,
it was concluded that if the development went ahead there would be a greater
benefit to the community in terms of addressing a derelict building. Committee
therefore determined that they were minded to grant planning permission, contrary
to the Officers recommendation.
4. Main Issues
4.1 Following consideration by Committee on 7th August 2024, both planning
applications were notified to the Scottish Ministers under the Town and Country
Planning (Notification of Applications) (Scotland) Direction 2009.
4.2 With respect to planning application DC23/217/FUL at Castle Street, Dumbarton, the
Scottish Ministers advised that it was not their intention to intervene in this application
by either issuing a direction restricting the granting of consent or by calling in the
application for their own determination. Accordingly, the Council has now been able
to grant planning permission in accordance with the Committee’s decision.
4.3 Turning to Planning application DC22/245/FUL, the Scottish Ministers were of the
view that the proposed development’s potential conflict with national policy on
flooding raises issues that would benefit from further scrutiny. The application has
therefore been called-in by the Scottish Ministers for their own determination.
4.4 The Planning Service have provided full details of the case to the Department for
Planning and Environmental Appeals (DPEA) and it is advised that the case is ready
to be allocated to a Reporter who will, in due course, review the documents and
submissions, and consider what, if any, further procedures are necessary in order to
progress matters. The Planning Service will liaise with DPEA through the process,
and provide any further submissions as required.
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5. People Implications
5.1 There are no people implications associated with this report.
6. Financial and Procurement Implications
6.1 There are no financial or procurement issues associated with this report.
7. Risk Analysis
7.1 There are no risks associated with this report.
8. Equalities Impact Assessment (EIA)
8.1 There are no equalities issues associated with this report.
9. Consultation
9.1 Consultation was undertaken during the consideration of the planning applications.
10. Strategic Assessment
10.1 The Council’s decision on these planning applications is considered to have been
consistent with the following strategic priorities:
 Our Economy – Strong and Flourishing;
 Our Environment – A Greener Future; and
 Our Communities – Resilient and Thriving.
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Michael Mulgrew
Planning, Building Standards and Environmental Health Manager
Date: 13th November 2024
Person to Contact: Michael Mulgrew, Planning & Building Standards Manager
Email: Michael.Mulgrew@west-dunbarton.gov.uk
James McColl, Development Management Team Leader
Email: James.McColl@west-dunbarton.gov.uk
Appendices: None
Background Papers:
1. Report to Planning Committee 7th August 2024 - Planning
application 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.
2. Report to Planning Committee 7th August 2024 - Planning
application DC23/217/FUL - Formation of a dwellinghouse with
the re-establishment of the derelict Ferrydykes cottage into a
family home, involving the renovation of the existing property
inclusive of the construction of a dormer and extension to the
rear together with associated works at Former Ferry Dyke
Canal House, Portpatrick Road, Old Kilpatrick by Mr Farhat
Malik
3. DPEA Call-In Case Details - Scottish Government - DPEA -
Case Details (scotland.gov.uk)
Wards Affected: Ward 3 (Dumbarton) and Ward 6 (Clydebank Waterfront)
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