Document Pack (Bookmarked) - Planning Committee 11 12 24
West Dunbartonshire Council · 11 December 2024
Back to Planning Committee — 11 December 2024 and its agenda
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Agenda Planning Committee Date: Wednesday, 11 December 2024 ___________________________________________________________________ Time: 10.00 a.m. ___________________________________________________________________ Venue: Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank G81 1UB ___________________________________________________________________ Contact: Nicola Moorcroft, Committee Officer Email: 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 Page 1
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Distribution:- Provost Karen Murray Conaghan Councillor Lawrence O’Neill (Chair) Councillor Gurpreet Singh Johal (Vice Chair) Councillor Ian Dickson Councillor David McBride Councillor Chris Pollock Councillor Hazel Sorrell Councillor Clare Steel Councillor Sophie Traynor All other Councillors for information Date of Issue: 28 November 2024 Page 2
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PLANNING COMMITTEE WEDNESDAY, 11 DECEMBER 2024 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have any interests in 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 - 11 Submit for approval, as a correct record, the Minutes of the Meeting of the Planning Committee held on 13 November 2024. 5 NOTE OF VISITATION 13 Submit, for information, Note of Site Visitation carried out on 11 November 2024. 6 PLANNING APPLICATIONS Submit reports by the Chief Officer – Regulatory and Regeneration in respect of the following Planning applications: (a) DC23/227/FUL: Change of use from beauty salon to 15 - 25 three residential flats by Mr Sodhi. (b) DC24/123/FUL: Change of use from butcher shop 27 - 39 (Class 1A) to fish and chip shop (hot food takeaway - Sui Generis) together with installation of flue by Glasgow AP. Page 3
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7 WEST DUNBARTONSHIRE COUNCIL CONSULTATION 41 - 54 RESPONSE TO SCOTTISH GOVERNMENT ENERGY CONSENTS UNIT ON SECTION 36 APPLICATION REF: ECU00004982 Submit report by the Chief Officer – Regulatory and Regeneration seeking agreement on an updated consultation response following the receipt of further details and a revised proposal from the Scottish Government Energy Consents Unit, on behalf of the Scottish Ministers, in connection with a proposal for the construction and operation of a 560MW Battery Energy Storage System with associated infrastructure, substation, security fencing, CCTV, security lighting and landscaping on land within the East Dunbartonshire Council area. 8 ANNUAL UPDATE TO THE DEVELOPMENT PLAN 55 - 93 SCHEME AND PARTICIPATION STATEMENT. Submit report by the Chief Officer – Regulatory and Regeneration seeking approval of the 2023 Development Plan Scheme and Participation Statement in relation to a new Local Development Plan (LDP3). __________________________________________________________________ Page 4
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PLANNING COMMITTEE At a Meeting of the Planning Committee held in the Civic Space, 16 Church Street, Dumbarton, on Wednesday, 13 November 2024 at 10.00 a.m. Present: Provost Karen Murray Conaghan and Councillors Ian Dickson, Gurpreet Singh Johal, Lawrence O’Neill, Chris Pollock, and Sophie Traynor. Attending: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager; James McColl, Development Management Team Leader; Amy Melkevik, Lead Planning Officer; Michelle Lynn, Assets Co-Ordinator; Michael McDougall, Manager of Legal Services and Nicola Moorcroft, Committee Officer. Apologies: Apologies for absence were intimated on behalf of Councillors David McBride, Hazel Sorrell 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 9 October 2024 were submitted and approved as a correct record. NOTE OF VISITATION A Note of Visitations carried out on 7 October 2024, a copy of which forms Appendix 1 hereto, was submitted and noted. ITEM 4 Page 5
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PLANNING APPLICATION A report was submitted by the Chief Officer – Regulatory and Regeneration in respect of the following Planning application:- DC24/081/FUL: Façade improvements to shop fronts, landscaping and associated infrastructure at Artizan Centre, College Way, Dumbarton by West Dunbartonshire Council. Reference was made to a site visit which had been undertaken in respect of the above application. After discussion and having heard the Planning, Building Standards and Environmental Health Manager, Development Management Team Leader and Assets Co-ordinator in further explanation and in answer to Members’ questions, the Committee agreed to grant planning permission subject to the conditions set out in Section 9 of the report, as detailed within Appendix 2 hereto. UPDATE ON PLANNING APPLICATIONS DC23/217/FUL AND DC22/245/FUL A report was submitted by the Chief Officer – Regulatory and Regeneration providing an update on Planning Applications DC23/217/FUL and DC22/245/FUL which had been referred to the Scottish Ministers. After discussion and having heard the Development Management Team Leader in further explanation and in answer to Members’ questions, the Committee agreed to note the position regarding Planning Applications DC23/217/FUL and DC22/245/FUL. The meeting closed at 10.23 a.m. Page 6
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APPENDIX 1 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. Page 7
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APPENDIX 2 DC24/081/FUL: Façade improvements to shop fronts, landscaping and associated infrastructure at Artizan Centre, College Way, Dumbarton by West Dunbartonshire Council. GRANT full planning permission subject to the following 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. Reason: To ensure that full details of play equipment are secured. Page 8
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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/wpcontent/ 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. Page 9
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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. 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. Page 10
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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 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. Page 11
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PLANNING COMMITTEE NOTE OF VISITATION – 11 NOVEMBER 2024 Present: Councillor Chris Pollock 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:- Artizan Centre, College Way, Dumbarton DC24/081/FUL: Façade improvements to shop fronts, landscaping and associated infrastructure by West Dunbartonshire Council. ITEM 5 Page 13
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 11th December 2024 DC23/227/FUL: Change of use from beauty salon to three residential flats at nos. 4 - 6 Greenhead Road, Dumbarton, G82 1EL by Mr Sodhi Sing 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 Planning, Building Standards and Environmental Health Manager 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 mixed use building situated on the corner of Greenhead Road and the A814 Glasgow Road, Dumbarton. Whilst the building in question is commercial in nature, the wider area remains predominantly residential in character. Originally developed as the headquarters of the Dumbarton Equitable Cooperative Society Limited, currently, the building is occupied by a variety of uses, with the ground floor occupied by a pharmacy, convenience store, hair stylist and café. 3.2 The upper floor, accessed via a stairwell accessible through a door opening facing Glasgow Road, was until recently occupied by a beauty salon which was formed out of office space, which was originally allowed through change of use from flats to offices (planning permission DC02-106). This planning permission also covered a variety of other works including the formation of a parking area located to the rear of the property, accessed from Greenhead Road and consisting of 11 no. spaces. 3.3 The proposal seeks to change the use of the first floor of the building from a beauty salon to three flatted dwellings, consisting of two 1 bed’s and one 2 bed. The proposal would result in a repurposing and remodelling of the entirety of the upper floor of the building, consisting of the nine former treatment rooms and associated facilities. No external changes or changes to bin storage, currently within the rear curtilage of the block, are proposed. The ground floor ITEM 6a Page 15
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uses would remain as per the current arrangement. In terms of parking, it is indicated that the proposed flats would be allocated one parking space each within the existing car park. 4. CONSULTATIONS 4.1 Scottish Environment Protection Agency have objected to the proposal on flood risk grounds. This is because the proposal will result in an increased land use vulnerability in an area which is anticipated to be at high risk of fluvial flooding. There would be an increase in the number of vulnerable receptors occupying the area overnight and an increase in flood risk overall. A comprehensive flood risk assessment considering a variety of scenarios is required. 4.2 West Dunbartonshire Council Roads Service have no objection to the proposal although note that ideally a parking provision of 150% should be provided and therefore one additional space is allocated for the development. It is recommended that the remaining commercial parking spaces are clearly designated, signed, and if considered appropriate, the residential spaces should be protected by collapsible bollards to minimise any future issues arising from the use of the car park. 4.3. West Dunbartonshire Council Roads Service (Flooding) have no objection to the proposal in respect of with flooding matters. 4.4 West Dunbartonshire Council Environmental Health Service have no objection. The potential for noise from the commercial uses within the building should be considered and addressed if required. 5. REPRESENTATIONS 5.1 None. 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. The proposal re-uses an existing structure as part of the development and, as such, the embodied energy of the structure remains. The proposal would have a neutral impact in respect of Policies 1 and 2. 6.2 Policy 9 seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. The proposal would result in the suitable re-use of an existing vacant premises which is supported by the Policy. Page 16
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6.3 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. The application site is located within an accessible urban location, close to public transport links. 6.4 Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale and support the six qualities of successful places, 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. The proposal offers no conflict with the six qualities of successful places and will result in new residential flats in an accessible location with a range of shops and services lying nearby, contributing to a 20 minute neighbourhood approach. There is thus no conflict with these Policies. 6.5 Policy 16 relates to quality homes, namely it aims to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. Appropriate small scale proposals within exiting settlements are supported. This proposal is for a small scale development within an existing settlement and is supported under this Policy. 6.6 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 and the proposal does not fall into any of the exemptions set out within the Policy, resulting in conflict with the Policy. 6.7 Policy 23 aims to safeguard people from environmental harm and promote and facilitate development that improves health and wellbeing. The Policy does not support proposals which would raise unacceptable noise issues. Development proposals that will have positive effects on health will be supported. No concerns arise in respect of this policy. 6.8 The proposed development is supported overall by National Planning Framework (NPF) 4, although there is conflict with Policy 22. This is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 6.9 Policy UR1 encourages the redevelopment and re-use of underused, vacant and/or derelict land and buildings for appropriate uses such as housing and the proposal is supported by this Policy. Policy H4 sets out standards expected of residential development, requiring high quality design in the range of house types and sizes and in terms of form, layout and materials. No concerns arise in respect of the relevant matters. Page 17
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6.10 The site is located within an existing residential area, which is identified under Policy H5; the policy stipulates that character and amenity of existing residential areas, identified on the Proposals Map, will be safeguarded and where possible enhanced. Any development will also be considered against the criteria specified in the policy. 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 R2 specifies the open space provision required for all developments. Assessment of open space requirements has been undertaken against the up-to-date “Green Network and Green Infrastructure Planning Guidance - November 2022” in Section 7 below. No residential amenity concerns arise and the position relating to open space provision is assessed in Section 7 below. 6.11 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. 6.12 The proposal generally complies with the policies of the adopted local plan although is contrary to the precautionary approach in respect of flooding 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 The application site is situated in an area covered by Policy H4 whose aim is to ensure that the Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. A number of presumptions apply in the decision making process relating to this policy; moreover, the policy stipulates that new housing developments will not be permitted in locations where existing, established adjacent uses are likely to have an unacceptable impact on the amenity of future residents. No residential amenity concerns arise. 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 Page 18
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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). Policies GI2 and GI4 relate to green infrastructure. Policy GI2 requires new development to meet with the open space standards set out within the policy. Where a development has difficulty providing these standards on site, or where a relaxation of the standards can be justified, developers will require to accord with Policy GI4 and provide a contribution towards the types of projects outlined within the policy and detailed in the Green Network and Green Infrastructure Planning Guidance. GI4 sets out the requirements for Developer contributions. The proposal offers no conflict with the six qualities of successful places and the position in respect of open space provision is assessed in detail below. 7.4 Policy ENV6 takes a similar approach to flooding to that of the adopted Local Plan although 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. 7.5 It is considered that the application proposal being assessed generally complies with the relevant policies within proposed Local Development Plan 2, although it is contrary to the precautionary approach in respect of flooding as set out in the following assessment. Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.6 The Creating Places Supplementary Guidance – November 2022, to support LDP2 Policy GI4, 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 guidance primarily relates to new-build proposals and not proposals which seeks to change the use of an upper floor within an existing building as is the proposal here. No conflicts therefore arise with the guidance. 7.7 The Green Network and Green Infrastructure Supplementary Guidance - November 2022 seeks to ensure that proposals also integrates landscaping and green infrastructure as part of the setting of the new development and open space created. This proposal relates to the change of use of an upper floor within an existing building with no amenity or open space created. The requirement for green network developer contributions is set out. This is fully assessed below. Principle of Development 7.8 The redevelopment of the upper floor of the building into three flats in place of the previous commercial use is supported by the land use policies in both the adopted and proposed Plans. The proposal also returns the upper floor of the building to residential use, as it was prior to the change of use granted planning permission in 2002. Redevelopment of vacant properties and enabling of a variety of residential developments is supported by both national and local planning policy. It therefore rests to consider whether there are any material Page 19
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planning considerations or site constraints which suggest that the redevelopment proposal for the site would not be acceptable. Impact on the Existing Neighbourhood 7.9 In assessing the impact of the proposal on the amenity of the area, there are no external changes proposed to the building, and accordingly no visual impact arises from the proposal. The position of the building within the street together with the fact that no new window openings are proposed ensures that no unacceptable overlooking would occur towards any nearby residential properties. Any noise and activity from the new flats would be typical of that expected in a residential area and the previous commercial use of the premises will already bring activity to this locality. Overall, it is considered that the proposal will not result in any impact upon the local area of existing residential properties. It is also not considered that there is the potential for the proposal to impact on the operation of the existing businesses within the building. 7.10 It is accepted that the construction phase will produce an element of short-term noise and disruption, the consultation response from the Council’s Environmental Health Service does not highlight any requirement for control of the construction aspect of the redevelopment. Amenity of New Residents 7.11 Considering the amenity of new residents, it is noted that prior to the change of use granted in 2002, the upper floor of this building was in residential use, with established commercial properties below. This proposal would return the upper floors of the building to the previous residential use. Whilst there is no garden ground available for the purposes of outdoor recreation for the new residents, East End Park, which provides for recreation and play provision, lies a short walk from the site and can be safely accessed via the nearby National Cycle Route 7. Provision is made within the application site for bin storage for the flats to be created. 7.12 The area is primarily residential in character with residential properties lying adjacent in all directions. The proposed flats would, however, be situated above existing commercial premises and accordingly residents of the new flats could not reasonably expect the same level of quietude as would be the case within a wholly residential building. This situation is, however, common place and residential properties immediately above commercial uses can be found both nearby on Glasgow Road and within numerous locations across West Dunbartonshire. There is therefore nothing to suggest that residents would experience an unacceptable level of amenity. Environmental Health offer no objection to the proposal. Notwithstanding this, they recommend a cautionary position is taken in respect of the potential for noise disturbance for residents. Whilst Environmental Health recommend a full noise impact assessment, it is considered that such an approach would not be commensurate with the scale of the proposal and the environment into which it is to be introduced. The upper floors of the building were previously in residential use and, as set out above, there is nothing to suggest that a suitable level of amenity for residential would not be achieved. Whilst noting the cautionary approach suggested from Page 20
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Environmental Health, it is not considered that a NIA is required or justified in this instance. Parking and Transport 7.13 In terms of parking provision, the proposal seeks to utilise existing car park accessed from Greenhead Road to the rear of the building with one space within the car park allocated to each of the three proposed flats. Whilst the new residential use would generate parking demand, the existing commercial use would also have a demand for parking as would the flats which existed prior to the commercial use. The Council’s Roads Service offers no objection to the proposal although note that ideally a parking provision of 150% should be provided and this would require an additional space being allocated for the residential development. As the car park is within the planning application site, the requirement to allocate an additional space to the new residential use can be addressed by condition as can the recommendation set out by the Roads Service in respect of providing collapsible bollards to protect the spaces for use by resident. 7.14 The application site is located within an accessible urban location with several bus routes serving the area and a railway station nearby. A range of shops and services also lie nearby contributing to a 20 minute neighbourhood approach. Open Space provision 7.15 Policy R2 of the adopted Local Plan advises on open space standards for new development with Policies GI2 and GI4 of proposed LDP2 providing the up-to- date position. Any development of new dwellings, even if small scale will be expected to provide a contribution towards the cost of providing or improving green infrastructure in the area. Policy GI4 of proposed LDP2 advises that developer contributions will apply in a number of circumstances including smaller sites of less than 10 units where provision of green infrastructure is not possible and where it is not appropriate to meet green infrastructure standards, such as higher density urban areas. The Green Network and Green Infrastructure Planning Guidance (2022) advises that if the level of open space required by Policy GI2 cannot be provided, a financial contribution of £30 per sqm is required. With one two bedroom flat and two one bedroom flats, open space of 135 square metres would ordinarily be required. As this cannot be provided on site, this would result in a contribution of £4,050 being required. 7.16 It is acknowledged that historically the building housed two flats with a total of six bedrooms and is not a “new build” scenario. Policy G14 notes that this policy will only be waived in exceptional circumstances, for example, where a development demonstrates that their development would have exceptional development costs and/or overriding economic, social or other benefits. On balance, it is considered that the policy requirement can be waived in this instance as the change of use to residential is reinstating the buildings previous original residential use. Flooding and Drainage 7.17 With respect to flood risk, the site is identified as being at high risk of river flooding on SEPA’s Flood Maps. Both SEPA and the Council’s Roads Service Page 21
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were consulted on the application and requested further details to be submitted. The applicant subsequently submitted a supporting statement on flood risk and proposal suitability which acknowledged the potential fluvial flood risk from Gruggies Burn, but noted that this proposal related to the upper floors of an existing building within an established urban area and that no additional flood risk would arise. Following a reconsultation, the Council’s Road’s Service offered no further objection. SEPA have maintained their objection and have sought a comprehensive flood risk assessment for the site. Concern is raised that the land use vulnerability will increase to a highly vulnerable with the introduction of three residential properties with overnight accommodation. 7.18 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. The development does not fit into the definitions of essential infrastructure of a water compatible use as defined within NPF4. There is an increase in land use vulnerability in terms of SEPA’s classifications and whilst there is general support for the development of vacant buildings, the site itself is not identified within the adopted Local Plan or proposed LDP2 as one to be brought into positive use. 7.19 In their consultation response, SEPA are clear in their concerns regarding the change in land use vulnerability and that the proposal will result in the introduction of properties with overnight accommodation. It is further noted that SEPA’s flood maps are an indicative tool and are based on strategic scale modelling which are not detailed when it comes to the local scale. SEPA advise in their response that despite the residential properties being above the design flood level, flood waters may encroach up to and around the building itself and this could pose a risk of damage to the property including external walls and foundations. The application proposal does not, however, relate to a new building. It relates to an existing building with no external changes proposed. The building will be at no more risk from flooding that it is currently and with no external alterations or increase in building footprint, there is no prospect that the development will increase flood risk elsewhere. The site also lies within an established residential area with surrounding residential buildings also being at risk of flooding. Based on the SEPA flood maps, this risk includes a variety of ground floor residential properties over an extensive area together with a nearby care home. Whilst it is accepted that an island of development would result in terms of the proposal (i.e. the proposed flats would be surrounded by flood water, but not flooded themselves) this situation would be no different to when the upper floor of the building was previously in use as residential flats. Furthermore, it is anticipated that this would be no different from all other upper floor properties within the vicinity during a flood event. Whilst overnight accommodation will be re-established within the building, the increase of those Page 22
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residents potentially at risk of flooding within the wider area would be negligible. It is also noted that the proposal would result in a lesser number of bedrooms in total across the flats than previously existed prior to the change of use away from residential in 2002 (six previously with four now proposed). In considering the proposal and having reviewed the applicant’s supporting statement, the Council’s Roads Service offer no objection on flood risk grounds. 7.20 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 Policy 22. However, overall, the proposal would result in the redevelopment of a vacant premises, which historically were flats, with residential accommodation provided within an existing residential area and an accessible urban location which supports 20 minute neighbourhoods. Therefore, considering the proposal as a whole 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. 7.21 Finally, as the proposal relates to a change of use of existing floorspace with existing drainage connections, no drainage matters arise. 8. CONCLUSION 8.1 The proposal would provide an effective use of vacant premises, which previously were occupied as flats, with residential accommodation provided within an accessible residential area which supports 20 minute neighbourhoods. The proposal would also be without any detrimental effects on local amenity. It is accepted that the site may be at risk of flooding, however the proposed flats themselves are at the first floor level. The overall increase in residents within the wider area at flood risk is considered to be negligible and the proposed flats would be an no greater risk than any other residential property within the area. 8.2 Despite the conflict with 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. That prior to the commencement of development on site, an updated parking layout shall be submitted to show four parking spaces allocated to the residential flats hereby permitted. Reason: To ensure adequate parking provision for the new residential flats 2. That prior to the occupation of the residential flats hereby permitted, the four parking spaces shall be clearly marked out, fitted with collapsable bollards and be available for use by new residents. The spaces shall then be retained as approved and be available for residents of the flats at all times thereafter to the satisfaction of the Planning Authority. Page 23
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Reason: To ensure the availability of the off-street parking provision for the residential flats Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 11th December 2024 Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health 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. Consultation responses 3. National Planning Framework 4 4. West Dunbartonshire Local Plan 2010 5. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 6. Creating Places Guidance (2022) 7. Green Network and Green Infrastructure Guidance (2022) 8. Planning application no: DC02-106. Wards affected: Ward 3 (Dumbarton) Page 24
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West Dunbartonshire Council 16 Church Street Dumbarton G82 1QL Reproduced by permission of Ordnance Survey on behalf of HMSO © Crown copyright and database right 2015. All rights reserved. Ordnance Survey Licence number 100020790 Map Register No: Date: 27 November 2024 DC23/227/FUL Change of use from beauty salon to three residential flats 4 - 6 Greenhead Road Dumbarton G82 1EL ITEM 6a - APPENDIX 1 Page 25
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 11th December 2024 _____________________________________________________________ DC24/123/FUL: Change of use from butcher shop (Class 1A) to fish and chip shop (hot food takeaway – Sui Generis) together with installation of flue at 68 Glasgow Road, Dumbarton, G82 1HQ by Glasgow AP Ltd 1. REASON FOR REPORT 1.1 The application has been subject of both a substantial body of objection and an Elected Member request for the proposal to be brought before Planning Committee. Under the terms of the approved Scheme of Delegation, it therefore requires to be determined by the Planning Committee. 2. RECOMMENDATION 2.1 Refuse planning permission for the reasons set out in Section 9. 3. DEVELOPMENT DETAILS 3.1 The application relates to a vacant commercial unit situated on the ground floor of a three-storey tenement style corner block located on the southern side of Glasgow Road, at the junction with Wallace Street, Dumbarton. The unit, which has a floor area of approximately 68 square metres, was last in use as a retail shop (Class 1A) and occupied by a butcher. The front of the unit faces onto Glasgow Road and has two double windows, a double door and signage for the previous occupier on the windows and fascia. The rear elevation includes a single door and two fans/extractors, along with a 3 metre wide stairwell rising to a highest point of 11.2 metres and projecting 3.3 metres. The side elevation facing Wallace Street includes fascia signage, but no openings. Externally, the upper floors of the building are comprised of blonde sandstone walls, white uPVC windows and brown concrete tiles on the hipped roof. The building sits on a wider site of approximately 307 square metres, with a grassed and hardstanding area to the rear enclosed by a timber fence on the eastern side. The upper floors of the building comprise residential flats. 3.2 The application site is located within a Local Centre, as identified in the respective Proposals Maps of the Local Plan and proposed Local Development Plan 2 (LDP2). The site is further located within the north-west corner of the Knoxland Conservation Area. It is bounded by ground floor commercial units to the west, Glasgow Road to the north with residential properties lying to the opposite side of the road, Wallace Street to the east with a similar tenement style building comprising ground floor commercial units with flats above to the opposite side of the junction, and a flatted residential block to the south. ITEM 6b Page 27
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3.3 It is proposed to: Change the use of the unit from a butcher shop (Class 1A) to a hot food takeaway (Sui Generis). Install a flue on the rear elevation, which would project 0.4 metres from the face of the wall, exit the unit 2.8 metres above ground level and rise 8.5 metres to finish 2.1 metres below the roof pitch. Change the colour of the façade from blue to white. 3.4 No information has been provided on the operating hours of the premises. 3.5 The submitted drawings also indicates proposals for the installation of two new 0.5 metre x 0.5 metre projecting signs on the stallrisers at either side of the front elevation and replacement facia signage to the front and side of the unit. Should any consent be required for new or replacement signage, this would be addressed separately via an application for advertisement consent and does not form part of the assessment of this proposal. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service advise that the proposal cannot be supported as the required five off-street parking space are not provided. It is noted that, in the absence of off-street parking, customers are likely to use the nearest on street provision, which raises safety concerns that are increased by the presence of the controlled crossing and associated white zig zag situated immediately outside the unit. The Roads Service advise that Police Scotland share these concerns. 4.2 West Dunbartonshire Council Environmental Health Service – No objection, subject to a condition relating to the ventilation system, specifically the control the odour, vibration and noise. 5. REPRESENTATIONS 5.1 24 representations were received, with 17 supporting the proposal and 7 objecting. The detail of each representation is available for public viewing in the electronic planning file for the application. 5.2 The concerns raised in the objections can be summarised as follows: Visual Impact The architectural integrity of the area is crucial and the addition of a large flue would significantly alter the appearance of the rear elevation. The aesthetically pleasing appearance of the existing shop would be lost if the proposal goes ahead. Residential Amenity Concern that late operating hours, customer footfall, deliveries, extractor fans, people slamming car doors and idling cars would result in noise and Page 28
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general disturbance to local residents, including those using the shared rear garden. Cooking/fryers would result in odour pollution for local residents. Concern that the proposal would result in anti-social behaviour. Access and Parking Lack of parking is already a significant issue for local residents, which has resulted in cars parking illegally. Proposal would increase vehicles/traffic, thereby leading to further congestion and lack of parking. No parking proposed, so staff, customers and delivery drivers would be parking as close as possible to the premises, resulting in parking safety concerns for local residents, including children, particularly with a pedestrian crossing and primary school in close proximity to the premises. Proposal would result in double parking for pickups. Other Non-Material Planning Issues Current owner has a record of unsuccessful fast food businesses in the local area. Concern about adverse impacts on local residents’ ability to get home. insurance. Dumbarton already has two chip shops and many other takeaways. Concern that the proposal would adversely impact property values in the local area. 5.3 The points raised in support of the proposal can be summarised as follows: Visual Impact Confident that the business will fit nicely with its surroundings. Residential Amenity Support the proposal as long as appropriate steps are taken to address concerns about odour and noise pollution, and waste disposal. Modern ventilation systems are quiet and efficient, so odour and noise disturbance shouldn’t be much of an issue. Traffic and Parking No significant adverse impacts on traffic as most customers would access the takeaway on foot. Any cars would also not be at the premises for long. With sensible signage and management, any parking issues should be easy to handle. Economic Benefits Would bring much needed footfall, including tourists, to the area, support local businesses and create jobs. Would support businesses to grow in the area, particularly as many shops and businesses are closing down. Page 29
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Other Non-Material Planning Issues Would provide more dining options in the local area. There are no fish and chip takeaways between Silverton and the Town Centre. Supporting local people to open businesses is a great way to build communities, resurrect our streets in the town and boost the local economy. 5.4 The points and concerns raised in the representations, both in support and in objection are considered in Section 7 below. 6 ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Framework 4 (NPF4) 6.1 Policy 1 aims to tackle the climate and nature crises by requiring that significant weight be given to these issues when considering all development proposals. Policy 2 relates to the climate in the form of climate mitigation and adaptation, while Policy 3 seeks to protect biodiversity, reverse biodiversity loss, and deliver positive effects from development and strengthen nature networks. Overall, the proposal re-uses an existing structure as part of the development and, as such, the embodied energy of the structure remains. No biodiversity matters arise. It is considered that the nature and small scale of development proposal would have a neutral effect in respect of Policies 1, 2 and 3. 6.2 Policy 7 seeks to protect and enhance historic environment assets and places. It advises that 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. The application site is located in the Knoxland Square Conservation Area, with the rear elevation visible from Wallace Street. While the proposed flue would therefore be visible, it is noted that flues are also visible in similar circumstances to the rear of premises either side of the junction of Victora Street, albeit their position to the respective buildings makes them less prominent within the Conservation Area than the proposed flue. In this context, and subject to a condition requiring the flue to have a powder coated colour finish to match the existing stonework of the rear wall, on balance, it is considered that the impact on the character and appearance of the Conservation Area would not be adversely affected. 6.3 Policy 9 aims to facilitate the reuse of brownfield, vacant and derelict land and empty buildings, with criterion (d) noting that proposals for the reuse of existing buildings will be supported, taking into account their suitability for conversion to other uses. While the proposal would re-use a vacant building which is supported by the Policy, the proposed use is not considered suitable due to the lack of the required off-street parking provision and position adjacent to a road junction and pedestrian crossing, which is discussed further in Section 7 below. As such, the proposal cannot be considered to be supported by the above Policy. 6.4 Policy 12 relates to waste and advises that development proposals, including commercial, will set out how much waste the proposal is expected to generate and how it will be managed. It is expected that the proposal would generate a level of waste commensurate with a hot food takeaway use. The application notes that the Page 30
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proposal will utilise the existing waste collection arrangements, which is acceptable. 6.5 Policy 14 aims to promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the place principle. Criterion (d) states that proposals which are detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places will not be supported. Policy 15 relates to local living and 20-minute neighbourhoods. The proposal complies with the above policies as the shop front alterations raise no concerns, while a hot food takeaway in this location would contribute towards local living without significant adverse effects on local amenity, This issue is discussed in detail in Section 7 below. 6.6 Policy 23 aims to protect people and places from environmental harm, with criterion (e) advising that development proposals which are likely to raise unacceptable noise issues will not be supported. The proposal is considered acceptable with reference to this policy because, while a hot food takeaway would generate noise through additional traffic, car doors closing and customers talking outside, this would not constitute a significant increase beyond the existing position where the premises is already subject to a medium level of ambient noise, being located in a Local Centre and adjacent to a busy road. This issue is discussed further in Section 7 below. 6.7 Policy 27 advises that 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. Criterion (b) notes that proposals will be consistent with the town centre first approach, with commercial uses supported in existing city, town and local centres. In addition, criterion (d) advises that proposals for non-retail uses, including hot food takeaways, will not be supported if further provision would undermine the character and amenity of the area or the area. The application site is located in a Local Centre and the proposed hot food takeaway is a Town Centre use which would contribute to the vitality of the Centre. As such, the proposal is supported by the Policy. 6.8 Having assessed the proposal with reference to NPF4, it is not considered acceptable with reference to Policy 9. West Dunbartonshire Adopted Local Plan 2010 6.9 Policy RET1 advises that new retail, commercial leisure, public service developments and other key town centre uses should adopt a sequential approach to change or use proposals, in the order of (1) Town Centre sites; (2) Edge of Town Centre sites; (3) Commercial Centre sites; (4) Out of centre sites. It is noted that the application unit is located in a Local Centre and the proposed hot food takeaway is a Town Centre use. In light of this, the proposal is supported. 6.10 Policy H5 aims to safeguard and, where possible, enhance the character and amenity of existing residential areas identified on the Proposals map. The Policy notes that non-residential uses could be supported if they can be considered ancillary or complimentary to the residential area and would not result in a significant loss of amenity to surrounding properties, in terms of increased traffic, noise, vibration, smell, artificial light, litter hours of operation and general Page 31
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disturbance. While the Proposals Maps of the Local Plan and proposed LDP2 identify the application unit as being within a Local Centre, this policy is relevant as the upper floors of the application building and those adjacent to it, along with the building to the south, are comprised of flats. Further to the assessment in Section 7 below, it is considered that the proposed hot food takeaway would not have significant adverse effects on residential amenity. In light of this, the proposal complies with Policy H5. 6.11 Policy GD1 seeks to ensure that all new development enhances the Plan area and environmental quality in general through an emphasis on high quality design. Proposals are required to meet a number of criteria, including the need to be appropriate to the local area in terms of land use and layout and design; be energy efficient and meet the roads, parking and access requirements of the Council. As set out in Section 7 below, the proposal fails to provide the five off-street parking spaces specifically highlighted as being required for this type of development in the consultation response from the Council’s Roads Service. The proposal is therefore not supported with reference to this Policy. 6.12 Policy PS 4 requires the provision in all new development of facilities for the minimisation, separation and collection of different waste streams. The application notes that the existing waste separation and collection will be utilised, which is acceptable. 6.13 Policy BE1 aims to ensure that no works adversely affect the appearance and character of Conservation Areas. Subject to a condition requiring the finish of the flue to match the stonework of the rear wall, it is considered that the flue would not have a detrimental effect on the visual appearance of the building and the character of the wider Conservation Area. 6.14 Having assessed the proposal with reference to the adopted Local Plan, it is not considered acceptable with reference to Policy GD1. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local 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 SC4 advises that non-retail uses, including hot food takeaways, may be supported within Local Centres providing no adverse impact arise on the nature of the centre and the character and amenity of the area. The proposed hot food takeaway is located in a Local Centre and acceptable with respect to impacts on the character and amenity of the surrounding area, as discussed in Section 7 below. As such, the proposal is supported. Page 32
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7.3 Policy CP1 requires new development to take a design-led approach to creating sustainable places, which put the needs of people first and demonstrates the six qualities of successful places. With the potential for the proposal to affect other road users and pedestrian safety, impacting upon the operation of the transport and active travel network, the proposal cannot be held to support the six qualities of successful places and is therefore not considered acceptable with reference to this policy. 7.4 Policy H4 aims to protect, preserve and enhance the residential character and amenity of existing residential areas, including a presumption against the establishment of non-residential uses within, or in close proximity of residential areas, which would potentially be detrimental to local amenity, or which would cause unacceptable disturbance to local residents. Further to the detailed assessment set out below, it is considered that a hot food takeaway located in a Local Centre would not have significant adverse effects on amenity. The proposal therefore complies with the above Policy. 7.5 Policy ZW1 advising that all development requires to meet the aims of the Zero Waste Plan and follow the principles of the Waste Hierarchy. The proposal complies with the policy as the application indicates that the existing waste arrangements will be utilised. 7.6 Policy BE3 advises that development which would harm the character or appearance of a Conservation Area will not be permitted. As discussed in Section 7 below, the proposed flue on the rear elevation would not have a detrimental effect on the visual appearance of the building and the character of the wider Conservation Area, subject to a condition requiring the colour finish to match the existing stonework. In light of this, the proposal does not comply with the policy. 7.7 Having assessed the proposal with reference to proposed Local Development Plan 2, it is not considered acceptable with reference to Policy CP1. 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, including in Conservation Areas. The guidance note on External Fixtures indicates that new external fixtures must be sited to minimise impact upon the architectural integrity and fabric of the building. It is noted that secondary elevations can often accommodate new fixtures without significant impact. Noting the location to the rear, subject to a condition requiring the flue to have a powder coated finish to match the existing stonework of the rear wall, it is considered that, on balance, the impact on the character and appearance of the Conservation Area would be acceptable. The colour change to the shopfront raises no concerns. Page 33
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Principle of Development 7.10 The application site is located in a Local Centre as defined by both the Adopted Local Plan and proposed LDP2, and a hot food takeaway is considered to be a Town Centre use appropriate for such locations. As such, the proposed use is supported in principle. However, whilst there may be no policy reason which suggests the principle of the proposal is unacceptable, it remains that a full assessment of all material considerations would be required to determine acceptability. Design, Appearance and Visual Amenity 7.11 The proposed change to the façade colour of the shopfront from blue to white is not considered likely to have a significant visual impact in the context of the existing building. The proposed flue, however, which would rise 8.5 metres up the rear elevation and be clearly visible from Wallace Street, would be prominent feature, particularly when viewed from a southern approach. In light of this, and in the context of the buildings’ location within a Conservation Area, it is considered that the proposal has the potential to have a detrimental effect on the visual appearance of the building, the character of the local area and wider Conservation Area. The proposed flue therefore requires careful consideration. 7.12 The tenement block on Glasgow Road, which includes the application unit, was included in the Knoxland Conservation Area following a boundary review undertaken as part of the 2017 Conservation Area Appraisal. This review recommended that the block should be included in the Conservation Area as its tenement design reflected that found in the wider Conservation Area, as defined in 2017. Notwithstanding the fact that the advice within the appraisal is based on the original Conservation Area boundaries and not the expanded boundary within which the application site is located, the approach set out is considered relevant to the wider Conservation Area. With respect to the assessment of new development and building alterations, the appraisal states that particular attention should be paid to a number of requirements, including the need to not to impinge on the setting of existing buildings, use materials which are high quality, durable and which complement the muted palette of materials traditionally found in the Conservation Area. The flue is situated to the rear and it therefore has no impact upon the principle elevation of the building, nor the side elevation which fronts the road. It is situated to the rear where such infrastructure can more readily be accommodated without adverse visual impact. It is noted, however, that the rear elevation of the building and the proposed flue would be clearly visible from Wallace Street. However, it is also noted that flues are already visible in similar circumstances to the rear of premises either side of the junction of Victora Street, albeit their position to the respective buildings makes them less prominent within the Conservation Area than the proposed flue. The flue would also not be sustained within a key view within the Conservation Area, but rather to the periphery. 7.13 In this context, and subject to a condition requiring the flue to have a powder coated finish to match the existing stonework of the rear wall, it is considered that, on balance, the impact on the character and appearance of the Conservation Area would be acceptable. Page 34
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Roads and parking 7.14 In considering the impact upon roads, traffic flow, parking and general road safety, the assessment is principally guided by the consultation response from the Council’s Roads Service. With regard to parking, the Roads Service have advised that the proposed hot food takeaway would be an intensification of use beyond the existing retail shop, which is subject to a parking requirement of two off-street spaces. The Roads Service have advised that five off-street parking spaces would be required for a hot food takeaway in order for customers vehicles to be suitably accommodated. As no off-street parking is proposed, the Road Service advise that they cannot support the proposal as customers are likely to use the nearest on street provision, which raises safety concerns that are increased by the presence of the controlled crossing and associated white zig zag situated immediately outside the premises. It was noted by the Roads Service in their consultation response that Police Scotland share these concerns. In response to Roads’ objection, the applicant has noted that a hot food takeaway, including deliveries to the site, would generate no more or less traffic than the existing butchers or any Class 1A shop. 7.15 While it is accepted that the nature of the site means it is not possible to provide off -street parking for the hot food takeaway, it is also noted that the existing Class 1A uses in this Local Centre do not provide off-street parking or have the capacity to do so. In this context, it must therefore be considered whether there are specific characteristics of the proposed use and/or application site which mean the lack of off-street parking is unacceptable in this case. In the supporting submission, the applicant further considers that any existing parking issue and associated safety concerns would persist if a Class 1A shop was to operate from the business. It is further noted by the applicant that signs are in place adjacent to the premises to ensure that drivers do not park on the corner and it is a police matter if these are not adhered too, not a planning matter. In considering the proposal, it is accepted that the hot food takeaway will provide for local customers who would likely walk to the premises. However, those who do not reside in close proximity may drive to the premises. It is also noted that hot food takeaways can involve a significant home delivery operation for orders received via online platforms, and this could result in further vehicle movements with delivery drivers calling at the premises. Hot food takeaways can therefore attract a high proportion of car-borne and short-stay customers. When calling at the premises, both customers and delivery drivers may be tempted to park for short periods to quickly pop in and out of the hot food takeaway premises. This could result in parking at the junction or in close proximity to the nearby pedestrian crossing. The concerns raised by the Roads Service indicate the possibility of such obstructive parking within the vicinity of the premises with specific reference to the pedestrian crossing. This could adversely affect other road users and pedestrian safety, impacting upon the operation of the transport and active travel network. While the absence of off-street parking in a Local Centre where no such parking is available is not a reason for refusal on its own, it is clear that the increased level of traffic and parking generated by the proposed use, in conjunction with a controlled crossing and associated white zig zag situated immediately outside the premises, raises significant road and pedestrian safety concerns, which are unacceptable with reference to the proposed use within this specific premises. Page 35
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7.16 A lack of parking facilities for hot food takeaways, as is the case here, also has the potential to have an adverse impact on the amenity of the surrounding area. The increased demand for on-street parking associated with the use may result in customers and delivery drivers parking in adjacent residential streets. This would include Wallace Street which is already very heavily parked. The peak activity periods for takeaways generally occurs in the evenings which differs from the retail shop use of the premises, and will coincide with times when the demand for general on-street parking is generally at its highest. A hot food takeaway at this location, with no off-street parking provision, could therefore exacerbate any parking problems in this location. The Roads Service are clear in their concerns regarding the proposal resulting from the lack of off-street parking provision and the potential implications in respect of parking and road safety, and recommend that the application is refused. Following a full consideration of the potential issues in this respect, there is nothing to suggest that it would be appropriate to take a position contrary to the advice of the Roads Service and the proposal cannot be held to be acceptable with reference to parking and roads matters. Residential Amenity 7.17 A number of the objections raised concerns about adverse impacts on the residential amenity of the flats situated above and adjacent to the premises, particularly in relation to noise and odour disturbance and waste disposal. While it is accepted that the proposed use would generate noise through additional traffic, car doors opening/closing and customers talking outside etc, this would not result in a significant increase beyond the existing position, where the premises is already subject to a medium level of ambient noise due to its location in a Local Centre and adjacent to a busy road. It requires to be accepted that whilst those living within or adjacent to local shopping centres may benefit from the close proximity of services, they cannot expect the same level of quietude as a wholly residential area. With respect to odour and noise nuisance related to the proposed ventilation system, it is noted that the consultation response from Environmental Health raised no objection, subject to a condition relating to noise levels from the extraction system and requires the system to incorporate systems to reduce the emission of odours and pollutants. As such, it is considered that the proposal would not have a significant adverse effect on residential amenity. Other Matters raised in representations. 7.18 With respect to the outstanding issues raised in the representations and not already assessed above, several representations supported the proposal because it would increase the range of takeaway options in the local area, while one of the objections noted that there is already sufficient provision of hot food takeaways in Dumbarton. While there is a role for planning in assessing the impact proposals would have on the vitality, viability, amenity and character of the local centre, the level of provision required to meet the demand for a particular use is a commercial matter and therefore not a material consideration in the assessment of planning applications. Whilst other hot food takeaways can be found nearby, a clustering of such uses does not occur. 7.19 It is noted that some of the representations in support of the proposal highlight its economic benefits, including job creation. While it is considered that the proposal would generate a limited degree of economic activity in the area, this is not considered to be a determining factor in this instance. Page 36
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7.20 While there are concerns that the applicant has an unsuccessful record of fast- food businesses and the proposal would devalue house prices and make it more difficult for local residents to access home insurance, these are not material planning considerations and do not, therefore, form part of this assessment. 7.21 It is noted that concerns are raised with respect to anti-social behaviour. These concerns must be treated as speculative in nature as no evidence has been provided to support the view that such effects would worsen as a direct result of the proposal. 8. CONCLUSION 8.1 The application site is located in a Local Centre, where the proposed use is supported, in principle. Subject to a condition in respect of the final finish to the external flue, the visual impact to the existing building and wider Conservation Area would be acceptable. However, the proposal fails to provide the required level of off-street parking, which has the potential to result in additional on-street parking demand, obstructive parking and congestion within what is a heavily parked area. This has the potential to adversely impact upon road and pedestrian safety and the Council's Roads Service recommend that the application be refused for this reason. The proposed use cannot be considered acceptable with reference to Policy 9 of NPF4, Policy GD1 of the adopted West Dunbartonshire Local Plan and Policy CP1 of proposed Local Development Plan 2. 9. REASONS FOR REFUSAL 1. The absence of off-street parking for the proposed use within the premises subject of this application has the potential to result in additional on-street parking demand, obstructive parking and congestion within what is a heavily parked area, to the detriment of road and pedestrian safety. The proposal is therefore not supported by Policy 9 of NPF4 and Policy GD1 of the adopted West Dunbartonshire Local Plan. and Policy CP1 of proposed Local Development Plan 2. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 11th December 2024 Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health 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 Page 37
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2. Representations 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. Historic Environment Policy for Scotland 8. Historic Environment Scotland Managing Change in the Historic Environment Guidance Notes on External Fixings 9. Knoxland Square Conservation Area Appraisal Wards affected: Ward 3 (Dumbarton) Page 38
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West Dunbartonshire Council 16 Church Street Dumbarton G82 1QL Reproduced by permission of Ordnance Survey on behalf of HMSO © Crown copyright and database right 2015. All rights reserved. Ordnance Survey Licence number 100020790 Map Register No: Date: 27 November 2024 DC24/123/FUL Change of use from butcher shop (Class 1A) to fish and chip shop (hotfood takeaway - sui generis) together with installation of flue 68 Glasgow Road Dumbarton G82 1HQ ITEM 6b - APPENDIX 1 Page 39
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 11th December 2024 ___________________________________________________________________ Subject: Construction and operation of a 560MW Battery Energy Storage System with associated infrastructure, substation, security fencing, CCTV, security lighting and landscaping on Land at Cochno Road, Bearsden, East Dunbartonshire - Section 36 application to Scottish Government Energy Consents Unit ref: ECU00004982 1. Purpose 1.1 To agree an updated consultation response following the receipt of further details and a revised proposal from the Scottish Government Energy Consents Unit, on behalf of the Scottish Ministers, in connection with a proposal for the construction and operation of a 560MW Battery Energy Storage System with associated infrastructure, substation, security fencing, CCTV, security lighting and landscaping on land within the East Dunbartonshire Council area. 2. Recommendations 2.1 It is recommended that the Committee agrees to maintain an objection to the above development in respect of matters specified in the response contained in Appendix 1, and that this response is submitted to form the Council’s updated position on the proposal. 3. Background 3.1 The Scottish Ministers received an application under section 36 of the Electricity Act 1989 for the construction and operation of a battery energy storage facility with a maximum power output of 560 megawatt. The application site is located within the East Dunbartonshire local authority area, however the assessment of the submitted application is undertaken via the Scottish Government Energy Consents Unit for the Scottish Ministers. West Dunbartonshire Council were consulted as neighbouring planning authority with the application site lying generally to the north of the local authority boundary. The application is referred to under the project name of Whitehall BESS. The location of the site is shown in Appendix 2. 3.2 Following consideration of the proposal by the Planning Committee on 11th May 2024, the Council issued a consultation response to the Scottish Ministers on 13th May 2024. The Council objected to the proposal due to the concerns relating to the Green Belt location of the development, visual impact, impact upon ecology, biodiversity and protected species, potential impact upon the users of the core path network, potential impact upon adjacent residential amenity and the failure to provide a decommissioning and restoration scheme. The Council did not consider that the benefits of the proposed development outweigh any adverse impacts to the adjacent West Dunbartonshire area. ITEM 7 Page 41
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3.3 Following the submission of the Council’s objection, a revised proposal together with a range of additional and updated supporting documents have been submitted to the Scottish Ministers. These details include a revised site layout, revised equipment details, revised planting layout, a Landscape Statement, an updated Landscape and Visual Assessment, an updated Noise Impact Assessment and an Archaeological Investigation. A date of 13th December 2024 has been agreed with the Scottish Government Energy Consents Unit for the submission of the Council’s updated consultation response. The application documents are available to view via the Energy Consents Unit website: https://www.energyconsents.scot and the following direct link: Scottish Government - Energy Consents Unit - Application Details The Council’s original consultation response can also be viewed within the case file at this link. 4. Main Issues 4.1 The site is situated on land at Whitehall Farm, Cochno Road, East Dunbartonshire and extends to approximately 29 hectares. It is located immediately north and east of the local authority boundary which follows the line of Cochno Road at this location. The site itself is located within the open countryside comprising part of the Green Belt as defined by the adopted East Dunbartonshire Local Development Pan 2. To the south, the site is bound by Cochno Road with Whitehill Farm located directly adjacent to the southeast of the site. To the west, the site is bound by Cochno Road along its southern extent before following the general line of Lower Stourfold Glen. The northern and eastern boundaries of the site generally cut across open land before following the existing tree line to Cochno Road. The nearest residential properties within West Dunbartonshire are the houses directly opposite the site at Edinbarnet, Cochno Road. Properties at Craigton Street, Burnbrae Street, Craighaw Street and Field Road lie around 170 metres from the southernmost boundary of the proposed site. Loansdean, Cochno Road is around 200 metres from the site. 4.2 The proposal is for a 560 MW Battery Energy Storage Facility with associated infrastructure. It is indicated that the development would have an operational lifespan of 40 years. The proposed development would comprise a number of containerised units to house battery energy storage systems and associated ancillary infrastructure. Each container will have the appearance of a standard metal ISO/shipping container, and it is indicated these will be soundproof. The containers would likely be finished in dark grey or green and would be prefabricated off-site. The containers would be accessed via an external galvanised metal open grid walkway supported by stairs and railings. The dimensions of the containers have been amended from being 2.6m x 2.4m x 12.2m, to being 2.9m x 2.4m x 6.1m (height x depth x width). Power conversion system units are of the same size and take a similar appearance. No updated description of the equipment to be located on site has been provided. However, from the updated site plan, it is clear that the equipment will be provided in 64 banks of 6 units. It remains that the proposal will feature a control room, sub-station compound, sub-station building. Separate switchgear compounds are no longer proposed. The access point to the development also remains located on Cochno Road, to the western edge of the site. 4.3 Battery Energy Storage Solutions provide a means of allowing for the storage of energy at times when generating stations are working at full capacity which can then be released when additional power is needed within the grid during peak times or when energy generation has dropped. As more energy sources are now renewable, such as wind and solar, balancing generation versus demand is a critical issue for grid stability. In short, the proposed battery takes in generated electricity when there is a Page 42
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surplus and stores it until there is a demand for electricity which can be released to meet this demand. 4.4 Appendix 1 comprises the recommended updated consultation response. There is no change to the position of National Planning Framework (NPF) 4 since the Council’s previous consultation response and it remains that NPF4 sets out the long-term vision for the development of Scotland through the National Spatial Strategy. NPF4 aims to meet Scotland’s climate ambition which will require a rapid transformation across all sectors of the economy and society. This proposal constitutes a National Development as it supports renewable electricity generation, repowering, and expansion of the electricity grid under National Development 3: Strategic Renewable Electricity Generation and Transmission Infrastructure. NPF4 recognises that additional electricity generation from renewables and electricity transmission capacity of scale is fundamental to achieving a net zero economy. Whilst the Council considers that the proposal could therefore be held to support the overarching aims of the NPF4 to achieve net zero targets and provide a stable domestic energy supply, it must be ensured that such development happens in the right place. Therefore, it must be assessed if there are any potential adverse impacts upon West Dunbartonshire resulting from the proposed development which would be outweighed by any benefits. 4.5 In considering the proposal previously, it was concluded that no concerns arose in respect of matters relating to the impact upon the Kilpatrick Hills, flood risk, roads, and traffic, built and cultural heritage, and health and safety. There is no change to this position which remains as per the original consultation response issued. 4.6 In originally considering the proposal, it was concluded that the applicant did not demonstrate that there are no other suitable sites available in a location outwith the Green Belt. The applicant has not considered or addressed the Council’s previous point of objection relating to the failure to demonstrate that there are no other suitable sites available for such a development in a location outwith the Green Belt. If an alternative location was available, no landscape and visual impact would result in the proposed location, regardless of whether any visual impact could be considered acceptable. 4.7 It was also considered that the industrial character of the development will result in visual harm to the locality resulting in the industrialisation of the Green Belt and that this would not be acceptable. In an effort to address the potentially adverse visual impact resulting from the development, a revised site layout which reduces footprint and massing of the development has been submitted by the applicant. The revised site layout also moves the developed area away from the site boundaries and sensitive visual receptors, including nearby residential properties in Faifley to the south. Additional landscape mitigation is proposed in the form of extensive planting. Policy 11(e)(ii) of NPF4 explicitly accepts localised significant landscape and visual impacts and in this respect the position is thus weighted towards the development’s contribution to renewable energy targets. Whilst landscape and visual impacts will still arise from the revised proposal, the reduced development footprint, enhanced landscape mitigation and additional separation from the settlement boundary of Faifley reduces the impact. The development is no longer considered to be viewed in the context of the adjacent settlement and an industrialisation of the Green Belt at this location is no longer of such a concern that an adverse impact will occur to the West Dunbartonshire Area which outweighs the benefits of the development in respect of the contribution to renewable energy targets. It is concluded that the previous point of objection in relation to landscape and visual impact has been addressed. Page 43
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4.8 Turning to the impact upon ecology, biodiversity and protected species, the applicant’s preliminary ecological appraisal failed to identify the adjacent Local Nature Conservation Site within West Dunbartonshire and assess the potential cross boundary impact upon ecology, biodiversity and protected species within West Dunbartonshire. It therefore could not be concluded that adverse impacts would not occur within the West Dunbartonshire area. No updated surveys or information have been received in respect of the points raised in the Council’s previous consultation response and the position of the previous response with respect to ecology, biodiversity and protected species and potential impact within the West Dunbartonshire Area remains. 4.9 Considering the impact on the core path network, there was previous concern that while no routes are physically interrupted by the proposal, there will be a visual and noise impact to users of the routes and the character of the routes will be changed. With the reduction in the developed area of the site together with additional landscape mitigation proposed, it is considered that the visual amenity impacts on core path users would now be acceptable and this concern is addressed. It remains that Cochno Road acts as a connection between the various core path routes at this location and the impact of construction traffic to users of these routes has not been considered or addressed. However, this matter being addressed as part of a comprehensive construction traffic management plan in the event that consent was to be granted could be accepted. 4.10 With regard to residential amenity, it could not previously be demonstrated beyond doubt that there would be no impact upon residential amenity within West Dunbartonshire by way of noise. The updated Noise Impact Assessment (NIA) now demonstrates that there will be no impact upon residential amenity within West Dunbartonshire by way of noise. This is based on the position of the NIA which no longer refers to any flexibility in the layout of siting of the units within the development. Accordingly, this point of objection is now satisfactorily addressed. 4.11 Finally, it remains that the Council considers it essential that given the type of development together with its size and location, that details of de-commissioning and site restoration are provided to ensure that the requirements of Policy 11(e)(i) of NPF4 are met. There have been no further submissions in this respect since the Council’s previous response. 5. People Implications 5.1 None. 6. Financial and Procurement Implications 6.1 There are no financial or procurement implications in terms of this report. 7. Risk Analysis 7.1 No risks have been identified. 8. Equalities Impact Assessment (EIA) 8.1 Not required. Page 44
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9. Environmental Sustainability 9.1 Matters relating to environmental sustainability are fully considered via the application assessment. 10. Consultation 10.1 Responsibility for wider consultation on the submitted application rests with the Scottish Ministers and Energy Consents Unit as part of the application process. 11. Strategic Assessment 11.1 The following strategic priorities of the Council are relevant: Our Communities - Resilient and Thriving Our Environment - A Greener Future Our Economy - Strong and Flourishing Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 11th December 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 1: Council’s further Consultation Response Appendix 2: Location Plan Background Papers: 1. Application documents 2. National Planning Framework 4 3. Adopted East Dunbartonshire Local Development Plan 2 4. Planning Committee Report dated 11th May 2024 5. Council’s Consultation response dated 13th May 2024. Wards affected: Adjacent to Ward 4 (Kilpatrick) Page 45
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ITEM 7 – APPENDIX 1 Section 36 application ref: ECU00004982 - Construction and operation of a 560MW Battery Energy Storage System with associated infrastructure, substation, security fencing, CCTV, security lighting and landscaping on Land at Cochno Road, Bearsden, East Dunbartonshire - project name Whitehall BESS. Having fully reviewed the updated and revised details submitted, West Dunbartonshire Council maintains an objection to the above proposal as neighbouring Planning Authority. Full details of the Council’s consideration of the updated development proposal are set out below. Context An application has been made to the Scottish Ministers under Section 36 of the Electricity Act 1989 (as amended) for the construction and operation of a battery energy storage facility with a maximum power output of 560 megawatt. The application site is located within the East Dunbartonshire local authority area and the assessment of the application proposal is undertaken via the Scottish Government Energy Consents Unit. West Dunbartonshire Council was previously consulted as neighbouring planning authority with the application site lying generally to the north of the local authority boundary. Following consideration of the proposal by the Council’s Planning Committee on 11th May 2024, the Council issued a consultation response to the Scottish Ministers on 13th May 2024. The Council objected to the proposal due to the concerns relating to the Green Belt location of the development, visual impact, impact upon ecology, biodiversity and protected species, potential impact upon the users of the core path network, potential impact upon adjacent residential amenity and the failure to provide a decommissioning and restoration scheme. The Council did not consider that the benefits of the proposed development outweigh any adverse impacts to the adjacent West Dunbartonshire area. Following the submission of the Council’s objection, a revised proposal together with a range of additional and updated supporting documents have been submitted to the Scottish Ministers. These details include a revised site layout, revised equipment details, revised planting layout, a Landscape Statement, an updated Landscape and Visual Assessment, an updated Noise Impact Assessment and an Archaeological Investigation. The Council has reviewed the updated details and proposal as set out below. The Council notes that a variety of supporting documents have not been updated to take account of the revised proposal including the applicant’s design statement and supporting planning statement. An updated description of the development has not been set out and as no documents have been superseded within the online case file, the Council does not consider it to be clear what the proposal currently comprises. The updated Landscape and Visual Impact submission has been Emailed to the Council but at the time of writing does not form part of the online case file. Its status is therefore uncertain. For the avoidance of doubt, this updated response is based solely on the updated submission and documents received since the Council’s previous response was issued on 13th May 2024, including the Landscape and Visual Impact Assessment received by Email. This updated response requires to be read in conjunction with the Council’s original consultation response dated 13th May 2024. There is no change to the in relation to the impact upon the Kilpatrick Hills, traffic and road safety, flood risk, built and cultural heritage, and health Page 46
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and safety. Whilst there was no objection from the Council in respect of these matters, a number of points were highlighted and the position regarding these matters stand. It remains that if the Scottish Ministers were minded to grant consent, the Council would expect the Council’s comments to be taken into account. This updated response focuses on the Council’s previous points of objection relating to the Green Belt location of the development, visual impact, impact upon ecology, biodiversity and protected species, potential impact upon the users of the core path network, potential impact upon adjacent residential amenity and the failure to provide a decommissioning and restoration scheme. Site description and development proposal There is no change to the application site itself and it remains that this extends to approximately 29 hectares and is situated on land at Whitehall Farm, Cochno Road, East Dunbartonshire. The site lies immediately north and east of the local authority boundary which follows the line of Cochno Road at this location. The site itself is located within the open countryside comprising part of the Green Belt as defined by the adopted East Dunbartonshire Local Development Pan 2. To the south, the site is bound by Cochno Road with Whitehill Farm located directly adjacent to the southeast of the site. To the west, the site is bound by Cochno Road along its southern extent before following the general line of Lower Stourfold Glen. The northern and eastern boundaries of the site generally cut across open land before following the existing tree line to Cochno Road. The nearest residential properties within West Dunbartonshire are the houses directly opposite the site at Edinbarnet, Cochno Road. Properties at Craigton Street, Burnbrae Street, Craighaw Street and Field Road lie around 170 metres from the southernmost boundary of the proposed site. Loansdean, Cochno Road is around 200 metres from the site. The proposal is for a 560 MW Battery Energy Storage Facility with associated infrastructure. It is indicated that the development would have an operational lifespan of 40 years. It remains that as per the original proposal, the development would comprise a number of containerised units to house battery energy storage systems and associated ancillary infrastructure. Each container will have the appearance similar to ISO/shipping container and would likely be finished in dark grey or green and would be prefabricated off-site. The containers would be accessed via an external galvanised metal open grid walkway supported by stairs and railings and include external air conditioning units. The dimensions of the containers have been amended from being 2.6m x 2.4m x 12.2m, to being 2.9m x 2.4m x 6.1m (height x depth x width). Power conversion system (PCS) units are of the same size and take a similar appearance. No updated description of the equipment to be located on site has been provided. However, from the updated site plan, it is clear that the equipment will be provided in 64 banks of 6 units. It remains that the proposal will feature a control room, sub-station compound, sub-station building. Separate switchgear compounds are no longer proposed. The access point to the development also remains located on Cochno Road, to the western edge of the site. In an effort to reduce the potential for adverse landscape and visual impacts and address the concerns raised in the consultation responses, the applicant has revised the proposed site layout. The revised site layout reduces the overall development footprint by utilising a more efficient battery system and also a reduction in the developed footprint of the sub-station area. The revised site layout increases the offsets of the development from the site boundary and this allows for additional landscape buffers ranging from 30 metres to 65 metres in depth, with built elements and fence lines set well back from the edge of the site. This allows the applicant to propose additional mitigation planting proposals in an attempt to screen the development within the landscape from those to the south and south east of the site, including those utilising the core path to the east of the site. Page 47
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Appraisal This application has been submitted to the Scottish Government under Section 36 of the Electricity Act 1989, as it is development with a generating capacity of over 50MW. Under the terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, all applications must be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance, the application is made under the Electricity Act 1989 and therefore the Development Plan does not have the primacy in the determination of the application. It does, however, provide a basis for the assessment of this proposal and it is established practice to take the development plan into account in such decisions. The development plan comprises National Planning Framework 4 and adopted East Dunbartonshire Local Development Plan 2. Principle of Development There is no change to the position of National Planning Framework (NPF) 4 since the Council’s previous consultation response and it remains that NPF4 sets out the long-term vision for the development of Scotland through the National Spatial Strategy. NPF4 aims to meet Scotland’s climate ambition which will require a rapid transformation across all sectors of the economy and society. This proposal constitutes a National Development as it supports renewable electricity generation, repowering, and expansion of the electricity grid under National Development 3: Strategic Renewable Electricity Generation and Transmission Infrastructure. NPF4 recognises that additional electricity generation from renewables and electricity transmission capacity of scale is fundamental to achieving a net zero economy. Policy 1 states that there is a need to encourage, promote and facilitate development that addresses the global climate emergency and nature crisis, whilst Policy 2 seeks to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. The electricity transmitted for storage within the proposed batteries will have come from a mixture of renewable and non-renewable sources with the purpose of the batteries to ensure there is always grid stability. As renewable energy becomes more prevalent, grid stability becomes a significant issue due to the intermittent nature of renewable energy generation. As set out in the previous response, the Council considers that the proposal could be held to support the overarching aims of the NPF4 to achieve net zero targets and provide a stable domestic energy supply, but it must be ensured that such development happens in the right place. Therefore, it must be assessed if there are any potential adverse impacts upon West Dunbartonshire resulting from the proposed development which would be outweighed by any benefits. Policy 11(e) of NPF4 sets out in detail the matters for the project design and mitigation to address. Landscape and Visual Impact and impact on the Green Belt In originally considering the proposal, it was noted that the site is situated within the Green Belt to the north of the settlement of Faifley. Policy 8 of NPF4 sets out the types of development that are supported within the Green Belt locations. This includes essential infrastructure, and proposals that relates to the distribution and transmission of electricity grid networks fall under this definition. However, Policy 8 is clear that for development proposals in Green Belt locations, the purpose of the Green Belt must not be undermined. Policy 11 additionally seeks to encourage, promote, and facilitate all forms of renewable energy development, including energy storage and distribution infrastructure. The Policy sets out a range of criteria that proposals should be assessed against to ensure the impact of the project design and mitigation is addressed. This includes ensuring there is no adverse impact on landscape and visual impact. Page 48
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Policy 8 requires that the reasons why the Green Belt is essential must be provided together with why the development cannot be provided on a site outwith the Green Belt. It was previously acknowledged that the site has been chosen due to it’s proximity to appropriate grid connections. It is accepted that there is a requirement for battery storage sites to be located close to a viable grid connection with sufficient capacity to import and export power. In this case, while this is accepted from a technical perspective and the proximity of the site to both the Drumchapel sub-station and Windyhill sub-station which lie 3.17kms and 560m to the south east respectively is acknowledged, the applicant has not provided any analysis of other site options that were considered outside of the Green Belt and why it was not possible to locate them in an alternative place. No additional supporting documentation has been submitted by the applicant in this respect. It therefore remains that it cannot be concluded that no other suitable sites are available in a location outwith the Green Belt. Policy 8 further requires that proposals must be compatible with the established countryside and landscape and be designed to ensure that it is of an appropriate scale, massing and external appearance to minimise visual impact upon the Green Belt. In assessing the original proposal, the Council considered that the industrial character of the development will result in visual harm to the locality resulting in the industrialisation of the Green Belt and that this would not be acceptable. In an effort to address the potentially adverse visual impact resulting from the development, a revised site layout which reduces footprint and massing of the development has been submitted by the applicant. The revised site layout also moves the developed area away from the site boundaries and sensitive visual receptors, including nearby residential properties in Faifley to the south. Additional landscape mitigation is proposed in the form of extensive planting. It remains, however, that a development of this nature would have a visual impact sand this is not in doubt. The applicant has provided a Landscape Statement together with an updated Landscape and Visual Impact Assessment (LVIA) which is reflective of the revised proposal. It remains that the area is identified as currently having a rural characteristic with significant woodland vegetation, notably including linear bands of trees and woodland associated with local watercourses and burns, together with blocks of woodland. Despite the amended proposal, the applicant’s updated LVIA acknowledges that the baseline landscape character of the site would still be altered as a result of the proposed development and this would have an impact upon landscape character, during both the construction and operation phases. The Council was previously concerned at the potential for the industrial character of the development and the harm to the visual harm to the locality, resulting in the industrialisation of the Green Belt at this location. Whilst the proposed landscape mitigation was acknowledged, the site is in close proximity to the settlement boundary of Faifley and visually, the development as previously proposed would likely have been viewed in the context of the adjacent settlement. The revised proposal sees a reduction in the development footprint within the wider application site. The applicant’s updated LVIA notes that approximately 6 hectares of the wider site will be developed, with the remaining 75% of the site retained as green infrastructure. The battery storage infrastructure will be surrounded in its entirety with new native woodland planting and this will create a significant visual buffer once established, and link to other woodland areas in the vicinity of the site. To the south and southwest of the site open areas will be retained and seeded with a mix of grasses and wildflowers. New hedgerow planting will be provided to Cochno Road together with a stone wall. Hedgerow planting is also proposed to an open section of the eastern boundary along the core path. Page 49
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It remains the case that landscape and visual impacts will occur during the construction phase and this is accepted. During the early years of the operational phase, the new landscape works will not yet be established and there will be limited screening of the site. Notwithstanding this, the reduction in the development area will ensure that the visual impact within the landscape at this time is reduced in comparison to the original proposal. The LVIA identifies that by 15 years, planting will have established providing screening of the development within the wider landscape. Where views are still available, the development would be seen with a well wooded backdrop. Policy 11(e)(ii) of NPF4 explicitly accepts localised significant landscape and visual impacts and in this respect the position is thus weighted towards development’s contribution to renewable energy targets. As more energy sources are now renewable, such as wind and solar, balancing generation versus demand is a critical issue for grid stability. Battery storage solutions such as this proposal allows energy to be stored during peak renewable generation periods and released when demand outstrips generation, thus contributing to renewable energy targets. Whilst landscape and visual impacts will still arise from the revised proposal, the reduced development footprint, enhanced landscape mitigation and additional separation from the settlement boundary of Faifley reduces the impact. The development is no longer considered to be viewed in the context of the adjacent settlement and an industrialisation of the Green Belt at this location is not longer of such a concern that an adverse impact will occur to the West Dunbartonshire Area which outweighs the benefits of the development in respect of the contribution to renewable energy targets. The Council does, however, expect that in the event that the Scottish Ministers are minded to grant consent, robust conditions are applied to ensure the implementation, retention and maintenance of the planting and landscape mitigation proposed. Notwithstanding the updated position relating to the potential for landscape and visual impact, it remains that the applicant has not considered or addressed the Council’s previous point of objection relating to the failure to demonstrated that there are no other suitable sites available for such a development in a location outwith the Green Belt. If an alternative location was available, no landscape and visual impact would result in the proposed location. Accordingly, the development cannot currently be held to be supported by Policy 8(a)(ii) of NPF4. Ecology, biodiversity and protected species Policy 3 of NPF4 seeks to protect biodiversity, reverse loss, deliver positive effects from development and strengthen nature networks. Policy 4 seeks to protect, restore and enhance natural assets, making best use of nature-based solutions. The policy is primarily focused on designated areas including sites designated as a local nature conservation site or landscape area. Policy 11 also requires biodiversity impact to be addressed. The applicant’s preliminary ecological appraisal was previously considered by the Council’s Biodiversity Officer and this failed to identify the adjacent LNCS within West Dunbartonshire and assess the potential cross boundary impact upon ecology, biodiversity and protected species within West Dunbartonshire. It therefore could not be concluded that adverse impacts would not occur within the West Dunbartonshire area. Accordingly, the Council did not consider that the proposal could be held to be supported by Policies 3, 4 or 11(e)(ix) of NPF4. No updated surveys or information have been received in respect of the points raised in the Council’s previous consultation response and the position of the previous response with respect to ecology, biodiversity and protected species and potential impact within the West Dunbartonshire Area remains. Residential amenity As per the previous response, there is the potential for amenity impacts to occur to residents within West Dunbartonshire. The revised site layout results in the developed area being Page 50
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marginally further away from the closest residential properties being at Edinbarnet on Cochno Road together with properties in Faifley. Policy 11 of NPF4 requires that impacts on communities and individual dwellings including residential amenity, and noise are addressed. A noise impact assessment (NIA) was submitted in respect of the original proposal and this was considered by the Council’s Environmental Health Service. A number of points and inadequacies were highlighted in respect of the noise impact assessment and it could not be concluded that no adverse impact would occur to residential properties. The proposed micro siting of up to 100 metres was not acknowledged within the NIA and there was no consideration of the impacts from different configurations of equipment. The Council could not conclude that it had been demonstrated that there would be no unacceptable impact on neighbouring amenity resulting from the operation of the development and raised concerns in this respect. An updated Noise Impact Assessment has been submitted. This has been reviewed by the Council’s Environmental Health Service who advise that they are happy to accept the findings of the report and that noise disturbance would not occur and no noise mitigation is necessary. It is further noted that the NIA no longer refers to any flexibility in the layout of siting of the units within the development. Accordingly, the development requires to be completed in the same configuration as was used to model the noise data (i.e. the updated site layout on which the revised NIA was based). It is noted that as the applicant’s planning supporting statement has not yet been updated to take into account the revised proposal and still makes reference to micro-siting of up to 100 metres. The Council advises that there requires to be an updated submission which removes this reference. As with any modelled noise data for an NIA, Environmental Health recommend post installation verification checks that the actual noise levels correlate with what was modelled. The Council would request such an approach is required via condition in the event that the Scottish Ministers are minded to grant consent. The Council’s position in respect of hours of work during the construction phase remains as per the original response. Impact upon the core path network Policy 11 of NPF4 requires matters relating to public access including long distance walking and cycling routes and scenic routes to be suitably addressed. The Council’s previous response noted that a variety of core paths connect Faifley to the open countryside via Cochno Road. The applicant’s supporting documents identified that East Dunbartonshire core path ED/153/1 which is located to the south and east of the site and extending northeast from Cochno Road, noting that only minor visual effects would occur in respect of users of this core path. This East Dunbartonshire Core Path connects with the West Dunbartonshire Core Path network to the opposite side of Cochno Road. The applicant’s submission did not consider the impact on the core path network and connections to the core path network within West Dunbartonshire. While no routes are physically interrupted by the proposal, there is the potential for visual and noise impact to users of the routes, and a change to the character of the routes. With the reduction in the developed area of the site together with additional landscape mitigation proposed, it is considered that the visual amenity impacts on core path users would now be acceptable. It remains, however, that Cochno Road acts as a connection between all of the core path routes at this location and there is still no consideration of the impact of construction traffic to users of these routes. A robust construction traffic management plan which has a specific focus on the impact upon all users of Cochno Road including those connecting between core path routes would be required, with safe routes established for such connections during construction. In the event the Scottish Ministers were minded to grant consent for the development, the Council considers that such an approach is imperative to Page 51
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allow it to be concluded that the potential impact upon the core path network has been addressed as required by Policy 11(e)(iii). Site Decommissioning and Restoration Policy 11(e)(xi) of NPF4 requires matters relating to the decommissioning of developments, including ancillary infrastructure, and site restoration to be addressed. The applicant has indicated that the intended lifetime of the proposal is 40 years, after which the facility will be decommissioned and the land restored to its former state. However, it was noted in the Council’s previous response that no other information regarding this has been submitted. It remains that no additional details relating to decommissioning has been provided. The applicant’s Supporting Statement sets out that at the end of the operational period the site will be decommissioned and the land restored to it’s former state. The updated LVIA advises that following the completion of the operational phase, the components of the battery storage may be removed and landscape effects potentially reversed, and this leaves a question over the extent of any decommissioning. Whilst it is accepted that the provision and implementation of a detailed restoration scheme could be addressed by an appropriate legal agreement or condition, the Council remains concerned at the lack of a clear commitment in respect of the decommissioning and restoration of the site, and an overall approach for this. The Council considers that any restoration scheme would require to be of an extent that achieves a complete reversal of any landscape harm that occurs. Given the extensive cut and fill proposed to accommodate the development, the restoration would require to include substantial ground works to ensure the restoration of the landform to its original profile following the removal of all hardstanding, infrastructure and equipment. The Council considers that it is essential that given the type of development together with its size and location, that details of the approach to de-commissioning and site restoration is provided to ensure that the requirements of Policy 11(e)(xi) of NPF4 are met. It remains that in the event that the Scottish Ministers were minded to grant consent for the development, the Council considers that there is the requirement for a financial bond to ensure sufficient funds are available to decommission and restore the site. If the developer was to go out of business with unfinished works potentially being left this can be safeguarded by ensuring that a bond or other financial provision is to put in place to cover such an eventuality. The bond or other financial provision would address reinstatement works both in the event of a developer failing or being unable to complete restoration works together with any failure in the aftercare arrangements associated with the site restoration. The Council also considers that in the event that the development fails to export electricity to the grid for a continuous period of 12 months it will be considered to have become redundant and the components of the development removed and the site restored. In the event that consent was granted, the Council considers it essential that that this requirement is to be addressed by a condition. Impact upon the Kilpatrick Hills, Traffic and Road Safety, Flood Risk, Built and Cultural Heritage, and Health and Safety The Council’s position on these matters remains as per the response dated 13th May 2024. Summary and conclusions In the original consultation response, the Council set out that it considered that that proposals such as this can be held to support the overarching aims of the NPF4 to achieve net zero targets and provide a stable domestic energy supply. The support as a national development is also acknowledged. However, it remains that such development require to be sited in the right locations and the benefits of such developments require to be balanced with any potential adverse impacts. A variety of concerns did arise. Page 52
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A revised proposal with updated LVIA has been submitted by the applicant. Following full consideration, it is concluded that whilst landscape and visual impacts will still arise from the revised proposal, the reduced development footprint, enhanced landscape mitigation and additional separation from the settlement boundary of Faifley reduces the impact. The development is no longer considered to be viewed in the context of the adjacent settlement and an industrialisation of the Green Belt at this location is not longer of such a concern that an adverse impact will occur to the West Dunbartonshire Area which outweighs the benefits of the development in respect of the contribution to renewable energy targets. It remains that the applicant has not considered or addressed the Council’s previous point of objection relating to the failure to demonstrated that there are no other suitable sites available for such a development in a location outwith the Green Belt. If an alternative location was available, no landscape and visual impact would result in the proposed location. Accordingly, the development cannot currently be held to be supported by Policy 8(a)(ii) of NPF4. Turning to the impact upon ecology, biodiversity and protected species, no updated surveys or information have been received in respect of the points raised in the previous consultation response and the position of the previous response with respect to ecology, biodiversity and protected species and potential impact within the West Dunbartonshire area. It therefore remains that it cannot be concluded that adverse impacts would not occur within the West Dunbartonshire area. The development cannot, therefore, be held to be supported by Policies 3, 4 and 11(e)(iii)(ix). Considering the impact on the core path network, with the reduced development footprint together with enhanced landscape mitigation, it is considered that the visual amenity impacts on core path users would now be acceptable. It remains that Cochno Road acts as a connection between the various core path routes at this location and the impact of construction traffic to users of these routes has not been considered or addressed. However, the Council could accept this matter being addressed as part of a comprehensive construction traffic management plan in the event that consent was to be granted. With regard to residential amenity, the Council considers that the updated NIA now demonstrates that there will be no impact upon residential amenity within West Dunbartonshire by way of noise. This is based on the position of the NIA which no longer refers to any flexibility in the layout of siting of the units within the development. Accordingly, the development requires to be completed in the same configuration as was used to model the noise data (i.e. the updated site layout on which the revised NIA was based. Finally, it remains that the Council considers it essential that given the type of development together with its size and location, that details of de-commissioning and site restoration are provided to ensure that the requirements of Policy 11(e)(i) of NPF4 are met. There are no further submissions in this respect since the Council’s previous response. Some aspects of the Council’s concerns which formed part of the previous objection have been addressed, including visual impact and the impact upon residential amenity. However, the applicant has failed to address other concerns and West Dunbartonshire Council therefore maintains it’s objection to this proposal with reference to the above concerns relating to the Green Belt location of the development, impact upon ecology, biodiversity and protected species and the failure to provide a decommissioning and restoration scheme. Page 53
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Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 24/04/2024. All rights reserved. West Dunbartonshire OS Licence Number 100020790. Battery Storage Consultation Map U Scale: 1:3,000 @a4 24/04/2024 I T E M 7 - A P P E N D I X 2 Page 54
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WEST DUNBARTONSHIRE COUNCIL Report by the Planning, Building Standards and Environmental Health Manager Planning Committee: 11th December 2024 ___________________________________________________________________ Subject: Local Development Plan and Local Place Plan Update 1. Purpose 1.1 The purpose of this report is to seek approval of the 2023 Development Plan Scheme and Participation Statement in relation to a new Local Development Plan (LDP3). 2. Recommendation 2.1 It is recommended that the Committee approves the updated Development Plan Scheme and Participation Statement set out in Appendix 1 and note that once approved it will be submitted to the Scottish Ministers and published on the Council’s website. 3. Background 3.1 The development planning system in Scotland has changed with the introduction of the development planning provisions of the Planning (Scotland) Act 2019. The Development Plan Scheme is produced annually and acts as a communication tool for letting stakeholders know when and how they can get involved in the local development plan. It sets out the timetable for the preparation of the local development plan and what is involved at each stage of the process. The Participation Statement part of the document sets out how stakeholders are to be involved in the preparation of the local development plan. It is to include targeted methods to reach under-represented groups, help to make public participation inclusive, ensure that wider public engagement directly feeds into the preparation of the local development plan, and promote proactive engagement at all stages of the plan’s preparation. ITEM 8 Page 55
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4. Main Issues Development Plan Scheme 4.1 The previous Development Plan Scheme, containing the Participation Statement, was approved by planning committee on the 6th of December 2023 which was then published on the Council website and submitted to Scottish Ministers. Appendix 1 contains the updated Development Plan Scheme and Participation Statement for 2024 . 4.2 The most significant change to the updated Development Plan Scheme is the expected timescales for each stage of plan preparation and adoption of the plan. The updated scheme incorporates an additional seven months to prepare the Evidence Report and consequential delay to later stages. The table below shows the key stages of plan preparation, the timetable in the previous and updated development plan schemes. Action 2023 timeline Proposed 2024 timeline Publication of finalised/updated Development Plan Scheme and Participation Statement Quarter 3, 2023/24 (December 2023) Quarter 3, 2024/25 (December 2024) Publication of Evidence Report and submission for Gatecheck Quarter 3, 2024/25 (December 2024) Quarter 2, 2025/26 (July 2025) Publication of Proposed Plan and draft Delivery Programme Quarter 4, 2025/26 (January 2026) Quarter 2, 2026/27 (August 2026) Submission of Proposed Plan to the Scottish Ministers for Examination Quarter 3, 2026/27 (October 2026) Quarter 1, 2027/28 (May 2027) Expected adoption of Local Development Plan Quarter 2, 2027/28 (September 2027) Quarter 1, 2028/29 (April 2028) 4.3 The change to the timetable allows further time to prepare the evidence report. The majority of the development Plan Scheme remains unchanged as it still serves its purpose in explaining the development plan process. 4.4 The additional time is required to ensure that the evidence report is robust and to carry out further consultation with key stakeholders. The additional time is also required to due a workload pressure within the Development Planning Team arising from an existing and upcoming vacancy that will reduce capacity in the team by 66% in the short term until recruitment is undertaken. Page 56
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4.5 The 7-month delay to the programme is significant, and pushes the date of adoption from September 2027 to April 2028. However, the anticipated date of adoption is still within the required 5 year period of the publishing of the regulations, i.e. May 2028. Participation Statement 4.6 The Participation Statement has been updated to state the engagement the Development Planning and Place team has undertaken so far. No other changes have been proposed to future activities or engagement types. Key actions include Undertaking an evidence audit and engaging stakeholders through a Call for Evidence consultation. Carrying out a Place Standard survey to enable communities to provide feedback about places they live, work and visit. Published An Easy Read Guide to preparing local place plans. 4.6 The following actions are ongoing to engage stakeholders Analysing the results of the Call for Evidence and Tell Us About Your Place consultations. The results will be published in due course. Following up internal and external stakeholders for further discussions about evidence Engaging children and young people Engaging with the gypsie and traveller community Local Place Plans 4.7 The invitation to prepare Local Place Plans was issued to organisations and individuals in the Local Development Plan participant database on 16 October 2023. A public notice was also placed in the Clydebank Post and Lennox Herald on 25 October and 31 October respectively. A Local Place Plan webpage has also been created at https://www.west- dunbarton.gov.uk/council/key-council-documents/local-development- planning/local-place-plans. The work to prepare a West Dunbartonshire focussed ‘How-to’ guide to encourage and assist local communities to prepare a Local Place Plan. was completed in June. The guide was launched at an online webinar which was attended by community councillors, and the guidance is available to view on the above Local Place Plans page. 4.8 To date, Old Kilpatrick Community Council and the community in Dumbarton West (via the Corra Foundation) have expressed an interest in preparing a Local Place Plan. Previous community engagement in Dumbarton East and Alexandria also indicated interest in preparing a Local Place Plan. Kilmaronock Community Council has produced a draft Local Place Plan in response to the National Park Authority invitation to prepare Local Place Plans , and this has been validated by the National Park Authority. The Kilmaronock Local Place Plan does not contain proposals relating to West Dunbartonshire Council’s Planning Authority, and the Community Council have not requested that it be validated by the Council; the Local Place Plan has been shared with other Council services for noting.. Page 57
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4.9 Although they can be prepared at any time, West Dunbartonshire Council has advised that Local Place Plans should be submitted to the Council for validation by 30 June 2025 if they are to be taken into account in the preparation of the new Local Development Plan. 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 implications associated with this report. 7. Risk Analysis 7.1 By finalising the 2024 Development Plan Scheme and Participation Statement and submitting it to the Scottish Ministers, the Council is meeting its statutory requirements and setting out its timeline for preparing a new Local Development Plan. Not having an up-to-date local development plan may have an impact on planning decisions taken by the Council and could result in appeal decisions being upheld. The adopted Local Plan is over 14 years old and Local Development Plan 1 and Local Development Plan 2 have not been adopted. 7.2 The proposed timeline also allows the authority to comply with the terms of the Local Development Planning Guidance (2023) which sets out Scottish Government expectation that ‘new style’ Development Plans are in place within 5 years of the adoption of the regulations. It is also a requirement of Section 16(1)(a) of the Planning (Scotland) Act 2019 to as soon as practicable to prepare a Local Development Plan(s) for all parts of the district. Failure to comply with Section 16 (1)(a) may result in Scottish Ministers directing the authority to submit a report to them as to the reasons for such failure. 8. Equalities Impact Assessment (EIA) 8.1 The Equality Impact Assessments for the Development Plan Scheme/Participation Statement and the Council’s approach to Local Place plans were reported to the 20 September 2023 Planning Committee. 9. Consultation 9.1 Regulations require communities to have input to the Participation Statement. This update contains no changes to the engagement methods, or groups to be engaged, so no additional consultation was required. However the Participation Statement does provide updates as to what engagement has taken place, and what has still to be undertaken. 11. Strategic Assessment Page 58
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11.1 The new Local Development is considered to be relevant to, and will help deliver, all of the Council’s strategic priorities: Our Communities – Resilient and Thriving Our Environment – A Greener Future Our Economy – Strong and Flourishing Our Council – Inclusive and Adaptable Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 11th December 2024 ___________________________________________________________________ Person to Contact: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager, Michael.Mulgrew@west-dunbarton.gov.uk Cameron Clow, Development Planning & Place Officer cameron.clow@west-dunbabarton.gov.uk Appendices: Appendix 1: Finalised 2023 Development Plan Scheme and Participation Statement Background Papers: None Wards Affected: All Page 59
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West Dunbartonshire Local Development Plan (LDP3) Development Plan Scheme and Participation Statement December 2024 ITEM 8 - APPENDIX 1 Page 60
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Development Plan Scheme Introduction Thank you for your interest in West Dunbartonshire’s Development Plan. This Development Plan Scheme explains what a Development Plan is. It sets out what Development Plans are currently active in West Dunbartonshire and provides an estimated timeline for the preparation of a new Local Development Plan for the West Dunbartonshire planning authority area. It includes a Participation Statement which sets out how the planning authority (part of the Council) will involve the community and other stakeholders in the preparation of the new Local Development Plan. What is the Development Plan? The purpose of the planning system is to manage development and the use of land in the long term public interest. Development and land use in Scotland is “plan led”, making the Development Plan an important document for decision making. It is a statutory plan used by planning authorities to make decisions about what development takes place and how land is used in their area. There are two main parts of the Development Plan. The first is the National Planning Framework. This is prepared by The Scottish Government, who formally adopted the Fourth National Planning Framework (NPF4) in February 2023. NPF4 sets a National Spatial Strategy for Scotland to 2045 identifying areas and types of development that are of national importance (National Developments) along with regional spatial priorities for five broad regions of Scotland. It also contains a set of policies used by planning authorities to make planning decisions (National Planning Policy). For more information, https://www.gov.scot/publications/national-planning-framework-4/ Page 61
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Development Plan sets out how places will change, importantly identifying where and what development should and should not happen. It is a more detailed and specific plan for a local area which identifies infrastructure needs, allocates land for development, or for protection from inappropriate development. Local Development Plans can also contain policies which add greater detail or local context to policies in NPF4 or to address issues not addressed by NPF4. Page 62
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Current Development Plans and Planning Guidance covering West Dunbartonshire The West Dunbartonshire Council area is covered by two different planning authorities. The West Dunbartonshire Council planning authority area covers all of West Dunbartonshire with the exception of that area within the Loch Lomond and the Trossachs National Park, for which the Park Authority is the planning authority. The Park Authority prepares its own Local Development Plan and Development Plan Scheme which you can read more about at https://www.lochlomond-trossachs.org/planning/planning-guidance/. Figure 1: Local Development Plan areas in West Dunbartonshire West Dunbartonshire’s Development Plan consists of NPF4 and the West Dunbartonshire Local Plan (2010). In addition, the Council also uses the Proposed West Dunbartonshire Local Development Plan (2020, as modified) as a material consideration in planning decisions, but as it was not adopted it is not a part of the statutory Development Plan. Page 63
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part of the development plan but do form part of the decision-making process for planning application when relevant. A list of current planning guidance documents is set out in Appendix 1. To view West Dunbartonshire Council’s current development plan and planning guidance documents, visit: Development Plan | West Dunbartonshire Council (west-dunbarton.gov.uk) Preparing a new Local Development Plan The Council has commenced preparation of a new Local Development Plan. This will be a ‘new style’ Local Development Plan, which will be prepared differently and have a different format, following changes introduced by the Planning (Scotland) Act 2019. The National Planning Framework (NPF4) now contains the detailed policy framework that was previously set out in old style local development plans. New style local development plans are expected to be place-based, people-centred and delivery-focused. With regard to format, this means that local development plans are expected to be place-based, visual plans with the inclusion of a clear spatial strategy, and a collection of maps, development briefs and masterplans, instead of lengthy written text and policy. Plans are to be prepared collaboratively with communities and other stakeholders, with people with protected characteristics given particular support to engage in the plan preparation process. Page 64
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Regulations and Guidance. The key stages are: Development Plan Scheme including Participation Statement – this document is produced annually and acts as a communication tool for letting stakeholders know when and how they can get involved in the local development plan process keep them informed of progress. It sets out the timetable for the preparation of the local development plan and what is involved at each stage of the process. The Participation Statement part of the document sets out how stakeholders are to be involved in the preparation of the local development plan. It is to include targeted methods to reach under-represented groups, help to make public participation inclusive, ensure that wider public engagement directly feeds into the preparation of the local development plan, and promote proactive engagement at all stages of the plan’s preparation. Evidence Report – the purpose of the Evidence Report is to support the quality and effectiveness of the Local Development Plan. Its aim is to gather and use evidence to clearly inform what to plan for before the Proposed Plan looks at where development should take place. Stakeholders’ views are to be sought when preparing the Evidence Report. Gate Check – the assessment of the Evidence Report by a Directorate and Environmental Appeals Reporter is known as the Gate Check. The Reporter can decide that there is sufficient information and the planning authority can move to prepare its Proposed Plan, or the Reporter may consider there is not sufficient information and provide recommendations for improving the Evidence Report. The Gate Check also provides an opportunity for the Reporter to consider and attempt to resolve disputes that may exist about the evidence submitted. The aim of the Gate Check is to reduce the level of debate at the Examination stage of the plan preparation process and made for a better evidence-led plan. Proposed Plan – the Proposed Plan identifies where new development should take place and where it should not and articulates the ambitions and priorities for the future development of the Plan area. The preparation of the Proposed Plan is to be informed by community engagement and a wide range of other policy and strategy documents. The Proposed Plan is published for consultation. It is at this stage that representations can be submitted on the specific topics and proposals of the plan, for example on green belt, built heritage and proposed development sites. Proposed Plans can be modified following the consultation stage. Delivery Programme – the Delivery Programme sets out how an authority proposes to implement its Local Page 65
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Development Plan. A proposed Delivery Programme must be published with the Proposed Plan. The Delivery Programme is a corporate document, which can influence the authority’s financial investments, and support delivery of the Plan’s policies and proposals to achieve Council priorities. It is to be reviewed and renewed at least every two years. Examination – the Examination is the opportunity for independent consideration on any issues raised during Page 66
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Examination will be undertaken by a Reporter from the Directorate of Planning and Environmental Appeals. The Examination will consider unresolved issues following consultation on the Proposed Plan and also the consultation and involvement of the public in the preparation of the Plan. Following the Examination, the Reporter will prepare a report setting out reasons for their conclusions and recommendations, including modifications to the Plan. Adoption – adoption is the final stage in the preparation of the Plan and occurs after the Council has received and considered the Examination report and any recommendations and modifications it proposes. Page 67
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The estimated timetable for the preparation of the new Local Development Plan is set out below. Legislation requires for this to be set out in financial year quarters but the Council has included estimated months to ease understanding of the timetable. This timetable differs from last years Development Plan Scheme and allows for an extra 6 months for the publication of the Evidence Report and Submission to allow for further preparation time. Table 1: Local Development Plan (LDP3) timeline Action Estimated date Publication of updated Development Plan Scheme and Participation Statement Quarter 3, 2024/25 (December 2024) Publication of Evidence Report and submission for Gate Check Quarter 2, 2025/26 (July 2025) Publication of Proposed Plan and Draft Delivery Programme Quarter 2, 2026/27 (August 2026) Submission of Proposed Plan to the Scottish Ministers for Examination Quarter 1, 2027/28 (May 2027) Expected adoption of Local Development Plan Quarter 4, 2027/28 (April 2028) Page 68
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documents that will be concurrently prepared. These are: Equalities Impact Assessment - The public sector equality duty stems from the Equality Act 2010 and places a duty on all public authorities to: eliminate discrimination, harassment and victimisation; advance equality of opportunity; and foster good relationships with people who share protected characteristics and those who do not. This assessment will outline how the council will meet this duty through the preparation and content of the Local Development Plan. Protected characteristics are age, disability, gender reassignment, sex (including pregnancy and maternity), race, religion and belief, and sexual orientation. The Equalities Impact Assessment will help the Council consider the effects of the plans proposals on different groups and meet the public sector equality duty. The assessment will also consider the potential effects on human rights. Fairer Scotland Duty Assessment - The Fairer Scotland Duty aims to ensure the public sector makes policy decisions to deliver fairer socio-economic outcomes. This assessment will help the council make a plan which contributes to reducing socio-economic inequality and deprivation. Strategic Environmental Assessment - The Strategic Environmental Assessment is a requirement of the Environmental Assessment (Scotland) Act 2005. Its purpose is to help the Council understand the potential environmental impacts of the plan and take steps to avoid, mitigate or reduce significant adverse environmental effects, where possible, or enhance positive ones. This will also help the Council to understand the environmental context of the area and consider how the plan can achieve better environmental outcomes. Child Rights and Wellbeing Impact Assessment - The Child Rights and Wellbeing Impact Assessment will help the council consider the plans effect on the rights and wellbeing of children and whether they are protected and advanced. Habitat Regulations Appraisal - The Habitat Regulation Appraisal is a requirement of The Conservation (Natural Habitats, &c.) Regulations 1994. Its purpose is to identify if the plan will be capable of having adverse effects on European sites, alone, or in combination with other plans. This will help the council identify impacts on internationally important habitat and take steps to avoid these impacts. Page 69
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The Planning (Scotland) Act 2019 introduced the requirement for a number of other plan and strategy documents to inform and improve the planning system in Scotland. These are: Local Place Plans – these are community-led plans focused on the development and use of land in the area covered by the Plan. West Dunbartonshire Council will issue an invitation to communities to prepare Local Place Plans and will set out what assistance the Council can offer with their preparation. Once prepared, the Council will validate properly-prepared Local Place Plans and take them into account when preparing the Local Development Plan. Additional information on Local Place Plans and a ‘Easy Read’ guide can be found at https://www.west-dunbarton.gov.uk/council/key-council-documents/local-development-planning/local-place- plans/. Regional Spatial Strategies – are to be produced by a planning authority, or jointly by a group of planning authorities, and will set out a long-term spatial strategy in respect of the strategic development of the area it covers. The West Dunbartonshire planning authority area is likely to be included within a Regional Spatial Strategy covering the Glasgow City-Region area. Page 70
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Local Place Plans and Regional Spatial Strategies will not be part of the Development Plan but will inform the content of the Local Development Plan. Planning Guidance – The Council may prepare non-statutory planning guidance to provide additional and detailed guidance on certain matters, for example on a specific topic or relating to a specific place. Open Space Strategy – planning authorities are required to prepare a strategy setting out a strategic Page 71
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including open spaces and green networks. The strategy is to contain an audit of existing open space provision and an assessment of current and future requirements. The Council will consult on the findings of its audit and the Open Space Strategy. Play Sufficiency Assessment – planning authorities are required to assess the sufficiency of play opportunities for children in preparing the Evidence Report for the Local Development Plan. The Council will consult on its Play Sufficiency Assessment. (As at 2024 the Council has completed an audit of open spaces and is currently analysing the results. This information will be used to prepare the Open Space Strategy and Play Sufficiency Assessment.) Forestry and Woodland Strategy – planning authorities are to prepare a strategy which identifies woodlands of high nature conservation, and sets policies and proposals for the development of forestry and woodland, and the protection, enhancement and expansion of woodlands. The Council will consult on its Forestry and Woodland Strategy. Page 72
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Participation Statement The Scottish Government intends the preparation of the Local Development Plan to be a collaborative process. Local Development Plans are expected to be place based, people centred and delivery focused. The involvement of all stakeholders within the planning process will be required to achieve this, including: local communities; services within the council; service providers, infrastructure providers and government agencies outside of the council (sometimes referred to as Key Agencies); businesses and other organisations; and developers and land and property owners. The Participation Statement sets out how we will achieve this by identifying who we will include, how we will keep them informed, how they will be included, what methods we will use to include people, and when engagement will take place. Who we will include Legislation requires planning authorities to involve the public at large in preparing a Local Development Plan, however there are also specific groups that planning authorities need to include, which are: children and young people (those under the age of 25); people with disabilities; Gypsies and Travellers; and Community Councils There are other groups that guidance states should be given support to engage with the Local Development Plan process including people with protected, as well as people from a range of socio- economic background. Page 73
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Children and Young People There will be three main ways we will include children and young people. We will: engage with the Youth Parliament Representatives for the West Dunbartonshire Planning Area, engage with the West Dunbartonshire Youth Council engage with schools (including early education, primary, secondary, and special needs schools). We will also reach out to known youth groups in the area and ask if they are interested in engaging in the Local Development Plan process. People with disabilities There are a number of existing disability groups known to the council we will reach out to and request their input to the Local Development Plan process. We will also consider the barriers to engaging with people with disabilities and how to overcome them, to provide opportunities to fully engage. This will include providing information in an accessible format. Gypsies and Travellers We will approach existing contacts we have for Gypsy and Traveller communities to discuss their needs. Community Councils We will use existing channels of communications to contact active community councils. In areas where there are no active community councils we will seek the views of other active community groups in these areas How we will keep you informed We will keep the public up to date by publishing regular updates on the plan preparation milestones listed in the Local Development Plan Scheme. Updates will be published to the Council website, posted on social media, and circulated via a newsletter for those who wish to sign up to this. Page 74
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Some stages of plan preparation require us to advertise in local newspapers, including inviting communities to make Local Place Plans publishing the Proposed Local Development Plan advertise the examination of the Local Development Plan publishing a report of modifications to the Plan the adoption of the Local Development Plan We will make key documents available in libraries at the appropriate times, including the Evidence Report and Proposed Local Development Plan. How we will involve and collaborate with you We will use a variety of methods to engage with specific groups as well as the public at large. We will hold public consultations to collect ideas for and views on proposals within the Local Development Plan, using online survey tools and public events. A survey of the Citizens Panel will collect information about places across West Dunbartonshire. Information about the Citizen’s Panel, including how to get involved, can be found here: Citizens Panel West Dunbartonshire Council (west-dunbarton.gov.uk) We will hold a ‘Call for Ideas’ consultation for communities, developers and landowners to identify sites for development and preservation, as well as other proposals for inclusion in the Local Development Plan. We will work directly with Community Councils and other local community groups to identify key issues and opportunities for their local area, and to work together on development briefs and masterplans. One of the most direct ways communities can influence the plan is by making a Local Place Plan. We have invited communities to make Local Place Plans and we will support communities with this process. The contents of Local Place Plans are decided by their community, and once completed and validated are considered when preparing the Local Development Plan. Page 75
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The tools, materials, and methods we will use to involve you A variety of tools and materials will be used to reach as many people as possible and to reduce barriers to participation as far as possible. Published information and the proposed plan will be provided in accessible formats. This will include information published online and in physical information left in public places. We will collect ideas and views using the Councils online survey platform ‘Survey 123’. The Place Standard tool will help us to collect and focus views about a place. The Place Standard asks people to score and provide commentary about different aspects of a place, such as where they live or work. This includes questions about green space, traffic and parking, access to services, and influence over decisions in their place. This will help us to identify the strengths and weaknesses of places in West Dunbartonshire. The tool will be used in a variety of formats, including: in online surveys; at meetings with specific groups, community councils, and community organisations; and at consultation events. Different versions of the tool will be used in specific context, such as the version for children and young people. Communities making local place plans will be encouraged to make use of the tool. More information on the tool can be found here: https://www.ourplace.scot/ The table below sets out the different stages of the Local Development Plan and, in more detail, the engagement activity that will be undertaken at each future stage, and a summary of the engagement activity to date. It has been informed by the Scottish Government consultation draft guidance on ‘Effective Community Engagement in Local Development Planning’ (May 2023) and is based on the following levels of engagement: inform; consult; involve; collaborate; and empower. . Page 76
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Table 2: Local Development Plan (LDP3) engagement activity Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Evidence Gathering - early engagement and data collection Publication of Draft Development Plan Scheme and Participation Statement September> November 2023 Inform participants (existing and potential) of the publication of the Draft Development Plan Scheme Participation Statement and involve people and organisations by seeking and having regard to their views on the document. Publish document on the Council website and make copies of the document available in the Council headquarters and libraries. Include survey questions within document seeking views on format of document and participation techniques. Publish survey/form to allow people and organisations to register their interest in the Local Development Plan process. Meet with Community Councils and other community organisations to encourage participation in the Participants notified and consultation on draft version held, running from 22 September to 17 November 2023. The draft Development Plan Scheme/Participation Statement was published on 22 September 2023. It was published online, emailed to registered participants and made available in local libraries. A survey/form to allow people/organisations to register interest in the Local Development Plan has been published and remains live. Ongoing. Meetings have been held with 4 community councils (Bonhill and Dalmonach, Dumbarton East and Central, Linnvale and Drumry, and Old Kilpatrick) and community representatives in Dumbarton West. Ongoing. Page 77
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Local Development Plan process and comments on the Draft Development Plan Scheme and Participation Statement. Engage with local anchor organisations to fill gaps where there are no community councils or other community organisations currently running. Engage with youth organisations and representatives on the best way to engage children and young people in the Local Development Plan process Engage with disability and carers community groups on the best ways to enable participation Engage Gypsies and Travellers groups on best ways to enable participation Contact known community Meetings have been held with staff within the Communities team to explore the best way of engaging with children and young people. Ongoing. Meetings have been held with the Council’s Performance and Strategy team to identify appropriate groups to engage with. Meeting held with the Dennystoun Forge residents’ group. Ongoing Notified on 22 September 2023. Page 78
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 groups/organisations (including those of protected characteristics) and West Dunbartonshire CVS to invite expression of interest in taking part in plan preparation, and for views on how to engage Inform other Council services and Key Agencies of the proposed Local Development Plan timeline. Evidence Gathering - early engagement and data collection Issue invite to participate in Local Development Plan process September 2023 Inform participants in previous Local Development Plan process of new process and encourage registration and participation. Create online form to enable registration. Establish new Local Development Plan participant database. LDP2 participants informed of new LDP3 process and encouraged to register their interest. Online registration form created. 325 participants registered as at December 2023. Evidence Gathering - early engagement and data collection Invite communities to prepare Local Place Plans and support their preparation September 2023 (ongoing) Inform community organisations that they are invited to prepare a Local Place Plan, as means to involve communities in the preparation of the Local Development Plan. Empower communities to decide on the content of their Local Place Plans. Publish invitation to prepare Local Place Plans on the Council website Invitation to prepare a Local Place Plan issued on 16 October 2023 to community councils, other community groups and local residents on the participant database. Ongoing. Invitation issued on 16 October 2023, on Council webpage, by email to registered community groups and promoted on X. Page 79
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 and social media. Place posters in public buildings. Send direct invitation to groups who may have an interest in preparing a Local Place Plan, and promote through West Dunbartonshire CVS. Advise community organisations of the type of Council support that will be available to them to prepare Local Place Plans. Meet with Community Councils and other community organisations to encourage preparation of Local Place Plans. Invitation and webpage advises of support available. Ongoing. As at December 2024 Old Kilpatrick Community Council and the community in Dumbarton West have expressed interest in preparing a local place plan. Evidence Gathering - early engagement and data collection Publication of finalised Development Plan Scheme and Participation Statement December 2023 Inform of publication through website, social media, and direct communication with registered participants. Publish document on the Council website and make copies of the document available in the Council headquarters and libraries. Evidence Gathering - early engagement and data collection Preparation of Evidence Report September 2023>June 2025 Involve participants in the creation of the Evidence Report. Inform participants on how their views were sought and taken into account Page 80
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Issue a ‘Call for Evidence’ in relation to a range of relevant topics. Where appropriate publish topic papers to support the process of gathering evidence, identifying gaps in evidence, and areas on consensus/difference. If appropriate, form focus groups to inform this process. Incorporate results of previous engagement exercises where relevant (e.g. Citizens Panel responses, previous planning consultations) Undertake Place Standard consultations to assess place quality and collect ideas for improvement. Distribute to general public online through website and social media. If possible, distribute to Citizens Panel. If requested, hold in-person sessions with community groups. An audit of available evidence and identified gaps in evidence has been published. A Call for Evidence consultation took place between 8th July to 30th of September for stakeholders and communities to provide further information and evidence. 58 responses were received. The outcome of the call for evidence will be published in due course. Ongoing. A Place Standard consultation, titled, Tell us About Your Place took place between 8th July to 30th of September. 89 responses were received. Both Tell Us About your place and Call For Evidence consultations were circulated to the Citizens Panel, promoted via social media, press releases, posters, leaflets and email circulation. Three drop in events were held in Clydebank, Alexandria, and Dumbarton. Results of the consultation will be published in due course. Ongoing Page 81
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Engage with children and young people through schools, Youth Council, Youth Parliament, and other young people's organisations. Use children’s/young persons’ versions of Place Standard Tool if this is supported by young persons’ groups. Engage people with disabilities, older people and carers through already established groups to identify issues for the Plan and to check and gather evidence. Engage with the Dennystoun Forge residents group to gather evidence on the requirement for improved/additional permanent Gypsy and Traveller accommodation in West Dunbartonshire. Use Housing Ongoing. Approximately a quarter of Tell Us About Your Place respondents declared a disability. Planning team promoted the consultation at the Council’s Equalities Forum Discussions are ongoing with Dennystoun Forge residents with assistance from Housing services. Key Agencies, city region organisations, and Health and Social Care Partnership were engaged through the call for Evidence. Joint working will continue as evidence report is prepared. Homes for Scotland and individual development interests responded to the Call for Evidence consultation. Engagement with other organisations is ongoing. Page 82
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Services officer to liaise with transient Gypsy and Traveller groups. Seek evidence from Key and Government Agencies, city-region organisations, Health and Social Care Partnership. Seek evidence from business and developer stakeholders through umbrella organisations such as Homes for Scotland, Scottish Property Federation and Chamber of Commerce, and also with individual businesses/developers where requested. Undertake a collaborative approach to developing site assessment methodology with input from Key Agencies, development industry and communities. Seek evidence from local interest groups for example local built/natural heritage groups, Homes for Scotland and some Key Agencies have provided views on site assessment methodologies. Production of a methodology is ongoing, A number of local interest groups provided responses to the Call for Evidence. The Planning team is also involved with the Councils Biodiversity Partnership. Page 83
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 equestrian groups, ramblers/walkers. Evidence Gathering – Evidence Report Publication of Evidence Report and submission to Scottish Minister for Gate Check June 2025 Inform of publication of Evidence Report through website, social media and direct communication with registered participants. Publish document on the Council website and make copies of the document available in the Council headquarters and libraries. Evidence Gathering – Gate Check Gate Check June 2025> Autumn 2025 The person appointed to undertake the Gate Check may consult with certain stakeholders either in writing or through a hearing. Plan Preparation – Proposed Plan Preparation of Proposed Local Development Plan and Draft Delivery Programme July 2025> June 2026 Involve and collaborate with participants in the preparation of the Proposed Local Development Plan. Undertake a ‘Call for Ideas’ consultation. Promote this through an online survey, making use of mapping tools if available, and face -to-face events with community councils and other community groups. The ‘Call for Ideas’ will also provide land and property owners and the development Page 84
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 industry the opportunity to suggest sites for development. Hold discussions with groups that have prepared or are preparing Local Place Plans to consider how the Proposed plan can deliver or reflect the content and aspirations of Local Place Plans. Develop masterplans and site briefs with communities, developers, landowners and key agencies and share potential content of the Proposed Plan as it becomes available allowing participants the chance to influence it before it is formally published in the Proposed Plan. Identify potential areas of conflict and make use of mediation if this is likely to help resolve or reduce dispute between different parties. Liaise with organisations who will be identified for the delivery of actions set out in the Draft Delivery Programme. Page 85
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Plan Preparation - Consultation Consultation on Proposed Local Development Plan and Draft Delivery Programme July 2026> September 2026 Inform participants of the publication of the Proposed Local Development Plan and Draft Delivery Programme and consult with them on its content. Publish notice in local newspaper and on Council website informing that the Proposed Local Development Plan and Draft Delivery Programme has been published Publish documents on the Council website and make copies of the document available in the Council headquarters and libraries. Notify the owner, lessee or occupiers of sites and neighbouring land that may be affected by development proposals set out in the Plan. Meet with Community Councils and other community organisations to encourage participation in the Proposed Local Development Plan consultation process. Page 86
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Plan Preparation - Consultation Modify Proposed Local Development Plan following consultation September 2026> March 2027 Inform communities of modifications made in response to representations made on the Proposed Plan. Plan Preparation - Examination Preparation of ‘Summary of Unresolved Issues’’ September 2026> March 2027 Although there is no formal engagement at this stage of the process, the Council may make use of mediation if this is likely to help resolve or reduce dispute between different parties. Plan Preparation - Examination Submission of Proposed Local Development Plan for Examination April 2027 Inform anyone who made representations on the Proposed Plan about the upcoming Examination and also advertise the Examination in a local newspaper, in local public libraries, and on Council website and social media. Plan Preparation - Examination Examination April 2027>December 2027 The person appointed to undertake the Examination may consult with stakeholders to seek further information on a submitted representation. The appointed person will publish the Examination Report and notify anyone who made an unresolved representation. Page 87
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Delivery – Adopted Plan Adopt the Local Development Plan March 2028 Inform participants of the adoption of the Local Development Plan. Publish the adopted Local Development Plan on the Council website and make copies available in local public libraries. Notify participants, including those who made a representation on the Proposed Local Development Plan or Examination. Place an advertisement in a local newspaper stating where the adopted Plan can be viewed. Delivery - Delivery Programme Publish the Delivery Programme December 2028 Inform participants of the publication of the Delivery Programme. Publish the Delivery Programme on the Council website and make copies available in local public libraries Delivery - Monitoring and Delivery Publish information on monitoring and delivery Ongoing Publish an updated Delivery Programme at least every two years and make available on Council website and local public libraries. Page 88
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2024 Publish annual land use survey information on Council website. Page 89
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Impact assessments The preparation of the Local Development Plan is to be supported and informed by a number of assessment documents. These documents have engagement requirements, which are summarised in the table below which has been lifted from the consultation draft Scottish Government guidance on Effective Community Engagement in Local Development Planning. Table 3: Local Development Plan (LDP3) impact assessments Assessment Level Engagement needs and timing Strategic Environmental Assessment Inform Consult Legal requirement for ‘early and effective’ public engagement. Engagement is focused on the Environmental Report consultation, but earlier engagement is recommended. A Post Adoption Statement is prepared, published and advertised to inform people about how the assessment findings and comments received on the proposed plan and Environmental Report have been taken into account. Habitat Regulations Appraisal Inform No requirement for public engagement. Report to be published at the proposed plan stage to inform people of the appraisal. Public Sector Equality Duty Assessment Inform Involve The timing of the publication of the assessment could usefully be set out in the Development Plan Scheme. Proportionate involvement is needed throughout the process, from the early preparation stage to its delivery. The planning authority should publish the assessment findings on their website to inform stakeholders about it. Legally the results should be published within a reasonable period, and guidance suggests this should be as soon as possible after the decision to implement (adopt) the policy is taken. Fairer Scotland Duty Assessment Inform Involve It is important to involve relevant communities through the stages of assessment. The assessment should be published to inform people about how socio-economic disadvantage is being considered. Child Rights and Wellbeing Impact Assessment Inform, Consult, Involve Opportunities to involve people may arise at both the evidence gathering and proposed plan stages. The assessment requires an explanation of consultation with stakeholders – including children and young people. Publication informs people of the outcome of the assessment. Page 90
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Contact and follow us The Development Planning and Place team can be contacted: By e-mail at ldp@west-dunbarton.gov.uk By telephone on 0141 951 7930 In writing to Development Planning & Place team, Planning & Building Standards, 16 Church Street, Dumbarton, G82 1QL You can follow us on Twitter/X - @wdcplanning Please register your interest in the Local Development Plan process at: https://arcg.is/5WeK0 Page 91
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Appendix 1 – Planning Guidance and other useful information Planning Guidance Other information LDP2 Planning Guidance Antonine Wall, 2022 Clydebank Business Park Planning Guidance, 2023 Creating Places, 2022 Green Network & Green Infrastructure, 2022 Pay Day Lending & Betting Shops, 2024 Other Planning Guidance Clydebank Town Centre Development Framework, 2021 Commuted Payments for Parking 2015 Dumbarton Waterfront Path Planning Guidance, 2017 Pay Day Lending & Betting Shops, 2016 Renewable Energy, 2016 Queens Quay Design Codes, 2020 Developer Contributions Procedure for monitoring, requesting and allocating developer contributions (2022) Allocation of green network developer contributions (2022) Other Useful Information Alexandria Streetscape Design Guide, 2007 Alexandria Town Centre Masterplan, 2008 Alexandria Town Centre Masterplan, 2021 Balloch Charrette Report, 2016 Bowling Basin Charrette Report 2014 Clyde Riverside Masterplan, 2000 Clydebank Design Guidelines (Page and Park), 2003 Clydebank Town Centre Charrette report, 2015 Dumbarton Town Centre Public Realm Design Guide, 2001 Dumbarton Town Centre & Waterfront – Revised Urban Strategy, 2014 Dumbarton Rock & Castle Charrette Report, 2015 Kilpatrick Hills Local Landscape Area: Statement of Importance, 2015 Page 92
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