Item 6a - DC23.227.FUL - Change of use from beauty salon to three residential flats
West Dunbartonshire Council · 11 December 2024
Back to Planning Committee — 11 December 2024 and its agenda
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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
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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)