Document Pack (Bookmarked) - Planning Committee 12 02 25
West Dunbartonshire Council · 12 February 2025
Back to Planning Committee — 12 February 2025 and its agenda
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Agenda Planning Committee Date: Wednesday, 12 February 2025 ___________________________________________________________________ Time: 10.00 ___________________________________________________________________ Venue: Civic Space, Council Offices, 16 Church Street, Dumbarton G82 1QL ___________________________________________________________________ Contact: 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:- Councillor Lawrence O’Neill (Chair) Councillor Gurpreet Singh Johal (Vice Chair) Councillor Ian Dickson Councillor David McBride Councillor Fiona Hennebry Provost Karen Murray Conaghan Councillor Chris Pollock Councillor Hazel Sorrell Councillor Clare Steel Councillor Sophie Traynor All other Councillors for information Date of Issue: 30 January 2025 Page 2
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PLANNING COMMITTEE WEDNESDAY, 12 FEBRUARY 2025 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have an interest in any of the items of business on this agenda and the reasons for such declarations. 3 OPEN FORUM The Committee is asked to note that no open forum questions have been submitted by members of the public. 4 MINUTES OF PREVIOUS MEETING 5 - 10 Submit for approval, as a correct record, the Minutes of Meeting of the Planning Committee held on 11 December 2024. 5 NOTE OF VISITATION 11 Submit, for information, a Note of Site Visitations carried out on 9 December 2024. 6 PLANNING APPLICATIONS Submit report by the Chief Officer – Regulatory and Regeneration in respect of the following Planning applications:- (a) DC24/181/FUL: Proposed two storey dwellinghouse with 13 - 24 associated parking, landscaping and change of use of land to rear to garden grounds at 18 Oxhill Road, Dumbarton G82 4DG by Mr Jasbir Singh Johal. (b) DC24/050/FUL: Alteration and extension to existing hall to 25 - 34 facilitate creation of new cafe area together with formation of raised deck and hard surfacing, and the installation of access lift at Napier Hall, 312 Dumbarton Road, Old Kilpatrick G60 5JH by Old Kilpatrick Food Parcels. Page 3
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7 UPDATE ON PLANNING APPLICATION DC23/227/FUL 35 - 37 Submit report by the Chief Officer – Regulatory and Regeneration providing an update on Planning Application DC23/227/FUL which was referred to the Scottish Ministers. 8 STREET NAMING BANK PROPOSALS 39 - 43 Submit report by the Chief Officer – Regulatory and Regeneration providing additional names to the Street Name bank for new developments across West Dunbartonshire. 9 PLANNING APPEAL DECISION ON PLANNING APPLICATION DC23/177/FUL 45 - 47 Submit report by the Chief Officer – Regulatory and Regeneration advising of the outcome of the appeal to erect at single wind turbine measuring 30m to the up and 43m to blade tip, creation of access rack, substation and associated works at land adjacent to East of Broomhill Wood, Bonhill, Alexandria. Page 4
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PLANNING COMMITTEE At a Meeting of the Planning Committee held in the Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank, on Wednesday, 11 December 2024 at 10.04 a.m. Present: Provost Karen Murray Conaghan and Councillors Ian Dickson, Gurpreet Singh Johal, Chris Pollock, and Sophie Traynor*. *Arrived later in the meeting. Attending: Michael Mulgrew, Planning, Building Standards and Environmental Health Manager; James McColl, Development Management Team Leader; Raymond Walsh, Network Management Coordinator; Michael McDougall, Manager of Legal Services; and Nicola Moorcroft, Committee Officer. Apologies: Apologies for absence were intimated on behalf Councillors David McBride, Lawrence O’Neill, Hazel Sorrell and Clare Steel. Councillor Gurpreet Singh Johal in the Chair MINUTE’S SILENCE Having heard the Chair, the Committee observed a minute’s silence as a mark of respect for the untimely death of Nigel Ettles, Legal Officer at the Council for over 40 years. Provost Karen Murray Conaghan and Michael McDougall, Manager of Legal Services, paid tribute to Nigel’s’ loyal service to West Dunbartonshire Council, their thoughts and prayers being with Nigel’s family and friends. Note: Councillor Traynor joined the meeting at this point. DECLARATIONS OF INTEREST Councillor Gurpreet Singh Johal declared an interest in item ‘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’ by Glasgow AP Ltd, the applicant being known personally to him and indicated that he would leave the meeting during consideration of this item. ITEM 4 Page 5
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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 13 November 2024 were submitted and approved as a correct record. NOTE OF VISITATION A Note of Visitations carried out on 11 November 2024, a copy of which forms Appendix 1 hereto, was submitted and noted. ADJOURNMENT The meeting was adjourned due to a fire alarm. The meeting reconvened at 10.25 a.m. with all those Members listed in the sederunt in attendance. PLANNING APPLICATIONS Reports were submitted 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 three residential flats by Mr Sodhi. Reference was made to a site visit which had been undertaken in respect of the above application. After discussion and having heard the Development Management Team Leader in further explanation of the report and in answer to Members’ questions, the Committee agreed to grant full planning permission subject to the conditions set out in section 9 of the report, as detailed within Appendix 2 hereto. DECLARATION OF INTEREST Having previously declared an interest in the following item, Councillor Johal left the meeting at this point, and it was agreed that Councillor Dickson would assume the Chair. Accordingly, Councillor Dickson assumed the Chair. Note: Councillor Traynor also left the meeting at this point. Page 6
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Councillor Ian Dickson in the Chair (b) 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 by Glasgow AP Ltd. Reference was made to a site visit which had been undertaken in respect of the above application. The Development Management Team Leader and the Network Management Coordinator were heard in further explanation and in answer to Members’ questions. The Chair invited Mr Iain Penman, the Applicant’s agent and Mr Pritpal Singh, the Applicant, to address the Committee. Mr Penman and Mr Singh were heard in respect of the application and in answer to Members’ questions. ADJOURMNENT The Chair adjourned the meeting for a short recess. The meeting reconvened at 11.13 a.m. with those Members listed in the sederunt in attendance, with the exception of Councillor Johal and Councillor Traynor After discussion, Councillor Pollock, seconded by Provost Murray Conaghan, moved:- That the Committee grants planning permission, subject to conditions being delegated to the Planning, Building Standards and Environmental Health Manager to determine, as indicated in the report. The motion was accordingly declared carried. Councillor Dickson requested that his dissent be recorded in respect of this item. Councillor Johal rejoined the meeting at this point and resumed the Chair. Councillor Gurpreet Singh Johal in the Chair WEST DUNBARTONSHIRE COUNCIL CONSULTATION RESPONSE TO SCOTTISH GOVERNMENT ENERGY CONSENTS UNIT ON SECTION 36 APPLICATION REF: ECU00004982 A report was submitted 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 Scottish Ministers, in connection with a proposal for the construction and operation of a 560MW Battery Energy Storage System with associated Page 7
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infrastructure, substation, security fencing, CCTV, security lighting and landscaping on land within the East Dunbartonshire Council area. After discussion and having heard the Development Management Team Leader in further explanation and in answer to Members’ questions, the Committee agreed to maintain an objection to the above development in respect of matters specified in the response contained in Appendix 1 of the report, and that this response is submitted to form the Council’s updated position on the proposal. ANNUAL UPDATE TO THE DEVELOPMENT PLAN SCHEME AND PARTICIPATION STATEMENT. A report was submitted by the Chief Officer – Regulatory and Regeneration seeking approval of the 2024 Development Plan Scheme and Participation Statement in relation to a new Local Development Plan (LDP3). After discussion and having heard the Planning, Building Standards and Environmental Health Manager in further explanation and in answer to Members’ questions, the Committee agreed to approve the updated Development Plan Scheme and Participation Statement set out in Appendix 1 of the report and noted that once approved it would be submitted to the Scottish Ministers and published on the Council’s website. The meeting closed at 11:28 a.m. Page 8
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APPENDIX 1 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. Page 9
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APPENDIX 2 DC23/227/FUL: Change of use from beauty salon to three residential flats by Mr Sodhi. GRANT full planning permission subject to the following 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. Reason: To ensure the availability of the off-street parking provision for the residential flats Page 10
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PLANNING COMMITTEE NOTE OF VISITATIONS – 09 DECEMBER 2024 Present: Provost Karen Murray Conaghan Attending: James McColl - Development Management Team Leader SITE VISIT A site visits were undertaken in connection with the undernoted planning applications:- 68 Glasgow Road, Dumbarton G82 1HQ 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 by Glasgow AP. 4 - 6 Greenhead Road, Dumbarton G82 1EL DC23/227/FUL: Change of use from beauty salon to three residential flats by Mr Sodhi. ITEM 5 Page 11
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 12th February 2025 DC24/181/FUL: Proposed two storey dwellinghouse with associated parking, landscaping and change of use of land to rear to garden grounds at 18 Oxhill Road, Dumbarton, G82 4DG by Mr Jasbir Singh Johal 1. REASON FOR REPORT 1.1 The planning application raises issues that in the opinion of the appointed officer merits the determination of the application by Committee. 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 they are minded to Grant Planning Permission subject to the conditions set out in Section 9 of the report below and delegate authority to the Planning, Building Standards and Environmental Health Manager to issue planning permission once the payment of a green network developer contribution has been secured through a suitable mechanism; and 2.2 That the Committee delegate authority to the Planning, Building Standards and Environmental Health Service Manager to refuse the application if the contribution set out at section 2.1 cannot be secured within 6 months of the committee decision. 3. DEVELOPMENT DETAILS 3.1 The application site is located on the western side of Oxhill Road, Dumbarton and extends to approximately 596 sqm. To the south, the site is bounded by 20 Oxhill Road and to the north is 18 Oxhill Road, of which this proposal is a subdivision of. To the west (rear) of the existing plot of 18 Oxhill Road, and included within the redline boundary, is an area of land which is designated as open space on the proposal’s maps of the adopted Local Plan and Proposed Local Development Plan 2. 3.2 Currently on the site there is an existing driveway, vehicle parking spaces, a fence which divides the front and rear gardens, rear garden and ancillary outbuilding. To the rear of the existing plot, there is an area of open space which has a number of trees upon it. 3.3 Planning permission is sought for the subdivision of the plot of 18 Oxhill Road and the erection of a two storey dwellinghouse with associated parking and landscaping. In addition, it is also proposed to change the of use of open space to the rear to garden grounds. 3.4 The proposed dwellinghouse is modern in appearance with traditional influences, with the gable end design reflecting the peak of the principal elevation of 18 Oxhill Road. It is orientated with the gable facing onto Oxhill Road with the principal elevation consisting of a large proportion of glazing. Other proposed material finishes are stated Page 13 ITEM 6a
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as grey standing seam roof and vertical timber cladding and natural limestone cladding (or similar) for the external walls. 3.5 The proposed floorplans show an open plan kitchen and dining space, utility room, bathroom, and living space at ground floor level and four bedrooms, one ensuite, one bathroom and a store at the first-floor level. The floorplans also show external terraces to the front and back at the upper levels. 3.6 Three off-street parking spaces are proposed for both the proposed dwellinghouse and the existing dwellinghouse. All six parking spaces are accessed from the existing driveway via a tandem arrangement which combines access with the existing house and are located within the front gardens of the properties. 3.7 Previous planning applications for the site include application DC06-044 which for engineering works to form a driveway and erection of associated retaining walls which was granted permission in May of 2006. 3.8 In support of the proposal, the applicant has submitted a supporting Planning Statement. This statement notes that the applicant wishes to keep their multi- generational family together however the current property is too small and this proposal will allow for more room for the family to remain together in a family unit. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service No objection to the principle of the proposal. Informatives suggested in relation to a pre and post inspection of the public footway fronting the development. 4.2 West Dunbartonshire Council Roads Service (Flooding) No objections on flood risk grounds. 4.3 West Dunbartonshire Council Environmental Health Service No comments. 4.4 Scottish Water No objection to the application; however, the applicant should be aware that this does not confirm that the proposed development can currently be serviced. 5. REPRESENTATIONS 5.1 One objection was received from neighbouring residents. The full details are contained within the planning file and are available for public viewing. However, the key points of objection can be summarised as follows: Loss of light and overshadowing to property and garden. Loss of privacy due to sky light Detriment to visual amenity and historic character of Oxhill Road Materials are not in keeping with the locality. Significant alteration is proposed for the front of the house making it a parking area. Impact on neighbouring house, garden and boundary wall from undermining as a result of the works proposed. Construction noise and disturbance. Page 14
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The concerns raised shall be considered in the appraisal in the Section 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 Policy 1 relates to tackling the climate and nature crises and states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 also relates to the climate in the form of climate mitigation and adaptation and states development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible and development proposals will be sited and designed to adapt to current and future risks from climate change. Policy 3’s intent is to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. Subject to condition, the proposal would have a neutral impact in respect of Policies 1, 2 and 3. 6.2 Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale as per Policy 14. Policy 15 relates to local living and 20-minute neighbourhoods. Development proposal will contribute to local living including, where relevant, 20-minute neighbourhoods. Consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to affordable and accessible housing options, ability to age in place and housing diversity. There is thus no conflict with these Policies. 6.3 Policy 16 relates to quality homes. Part (f) states that development proposals for new homes on land not allocated for housing in the Local Development Plan will only be supported in limited circumstances where: the proposal is supported by an agreed timescale for build-out; the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20-minute neighbourhoods; and the proposal is for smaller scale opportunities within an existing settlement boundary. This proposal is for a small-scale development within an existing settlement and is supported under this Policy. 6.4 Development proposals that result in fragmentation or net loss of existing blue and green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in blue or green infrastructure provision, and the overall integrity of the network will be maintained in accordance with Policy 20 of NPF4. As the land to the rear the existing dwellinghouse which is proposed for a change of use to garden grounds is designated open space, this policy applies. This is fully assessed below. 6.5 Policy 22 - Flood risk and water management states that proposals will not increase the risk of surface water flooding to others, or itself be at risk; manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surface. The proposal is not within an area shown at risk of flooding on the SPEA flood maps and as such there is no conflict with the policy. 6.6 Policy 23 relates to Health and safety. Part (e) states that development proposals that are likely to raise unacceptable noise issues will not be supported. No concerns arise in respect of this policy. 6.7 With appropriate planning conditions, the proposed development is supported by all policies of NPF4 and is assessed fully in Section 7 below. Page 15
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West Dunbartonshire Adopted Local Plan 2010 6.8 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. 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. No concerns arise in respect of the relevant matters. 6.9 There is a presumption against development which adversely affects the use, character or amenity of areas of functional and valued open space, or which are capable of being brought into functional use to meet an identified need under Policy R1. Policy R2 specifies the open space provision required for all developments. Assessment of open space requirements has been undertaken against the more updated “Our Green Network” Planning Guidance (2015) in Section 7 below. This is fully assessed below. 6.10 Policy E1 relates to the Council’s biodiversity duty. Policy E5 requires new development proposals to consider impacts on trees and incorporate suitable tree planting. Policies F1 and F2 aim to ensure that new development is not at risk from, and does not increase the risk of flooding, and has suitable SUDS drainage infrastructure. There is a general presumption against development within the flood 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. Subject to conditions, there is no conflict with these policies. 6.11 The proposal overall complies with the policies of the adopted local plan and is assessed fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 Policy CP1 seeks to ensure that all new development will be expected to contribute towards creating successful places by having regard to the six qualities of a successful place (distinctive, adaptable, resource efficient, easy to get to/move around, safe and pleasant, and welcoming). Policy CP2 requires the integration and consideration of green infrastructure from the outset of the design process through to its maintenance and stewardship of the resource. 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. 7.3 Policy H4 relates to residential amenity. The policy states that the Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. No residential amenity concerns arise. 7.4 Policy GI1 states that development which would result in the loss of open space which is, or has the potential to be, of quality and value will not be permitted unless provision of additional open space of equal or enhanced quality and value is provided within the Page 16
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development site or its vicinity. 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 Supplementary Guidance. GI4 sets out the requirements for Developer contributions. The position in respect of open space provision is assessed in detail below. 7.5 Policies ENV1, ENV4, and ENV6 are all similar to the ecology and tree, water environment and flooding policies of the adopted Local Plan, although in respect of flooding, the up-to-date development plan position is set out within Policy 22 of NPF4 which has primacy. Subject to conditions, there is no conflict with these policies. 7.6 Policy CON1 requires development proposals to accord with Designing Streets, the National Roads Development Guidelines, and be in alignment with the provisions of the Regional and Local Transport Strategies. Developments which do not meet these requirements will not be acceptable unless sufficient justification has been provided to demonstrate why a departure from these strategies is required. No concerns arise in respect of the relevant matters. 7.7 It is considered that overall and subject to conditions, the application proposal being assessed complies with the relevant policies above. Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.8 The Creating Places Supplementary Guidance – November 2022 seeks to achieve high quality development with a design led approach based on a thorough appraisal of the site and an analysis of its context and sets out that this is expected for all development proposals and it is considered this is achieved. No conflicts therefore arise with the guidance. 7.9 The Green Network and Green Infrastructure Supplementary Guidance - November 2022 seeks to ensure that the proposal also integrates landscaping and green infrastructure as part of the setting of the new development and open space created. This will include a focus on biodiversity enhancement. Whilst garden grounds are provided as part of the application, no open space is proposed, and this is considered further below. This is fully assessed below. Principle of Development 7.10 The site forms part of an existing residential plot within a well-established residential area, however the site is not specifically identified in either the adopted Local Plan or the proposed Local Development Plan 2 (LDP2) as a residential development opportunity. Policy 16 supports that development proposals for new homes on land not allocated for housing where they are supported by an agreed timescale for build-out and that the proposal is for is for smaller scale opportunities within an existing settlement boundary. The agent for the application has stated that the anticipated development period would be 6 to 48 months from the date of any granting of planning permission. 7.11 In regard to the proposed change of use to the land to the rear of the existing plot of 18 Oxhill Road, it is proposed to change this land to garden grounds associated with the existing property and the proposed property. This land is currently designated as open space. The open space is accessed via Ardoch Crescent and extends south-east in an elongated strip between Oxhill Crescent and Ardoch Crescent. Policy GI1 does not support development which would result in the loss of open space which is, or has the Page 17
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potential to be, of quality and value unless provision of additional open space of equal or enhanced quality and value is provided within the development site or its vicinity. Policy R1 of the adopted plan states that there is a presumption against development which adversely affects the use, character or amenity of areas of functional and valued open space, or which are capable of being brought into functional use to meet an identified need. 7.12 Currently there is a wall which runs along Ardoch Crescent between the elongated strip of open space and the roadside. There has previously been a series of garages, accessed from Ardoch Crescent within the elongated strip, of which at least one remains intact, located to the rear of number 20 Oxhill Road. This garage occupies the space between the rear boundaries of the properties on Oxhill Road and Ardoch Crescent and as such prevents access to much of the elongated strip limiting its functional use as open space. Access is further restricted by an existing wall between the rear boundaries of the properties on Oxhill Road and the boundary wall to Ardoch Crescent. Given the slope on the land proposed for the change of use to garden ground, the small proportions, that access is restricted further on into the designated area, the overgrown nature of the land and the level of fly tipping, it is considered that the proposal does not result in a loss of open space which is, or has the potential to be of quality and value, and neither does it adversely affect the overall function of the open space. As such, the proposal is in accordance with both the adopted Local Plan and proposed Local Development Plan 2 policies on open space. 7.13 Overall, the principle of the development of the site for new housing with extended garden space is supported on this site and it rests to consider whether there are any material planning considerations or site constraints which suggest that the proposal would not be acceptable. Site Layout, Design and Appearance 7.14 New developments require to be well designed, take cognisance of the setting into which they are introduced and provide a high-quality appearance. This proposal involves the subdivision of an existing residential plot in order to create a new dwellinghouse. Oxhill Road has a variety of house designs as well as plot sizes with number 18 having one of the larger plots with some separation between the existing property and the neighbour at number 20. There are bungalows, two storey properties and three storey properties all located within this street itself. As well as the variety in heights, there is a variation in design together with a great variety of external materials and boundary treatments. Whilst the proposal occupies a large proportion of the width of the site, it is not built hard against the boundary with number 20 Oxhill Road or the existing house at number 18. Access to the rear is retained via both side elevations and therefore leaves space between boundaries, minimising any terracing effect. This, in combination with the positioning of number 20 on its plot, ensure that an appropriate density is retained. In terms of design, the proposed dwellinghouse differs from its immediate neighbours, however its massing and design ques are reflective of what surrounds it. The design approach therefore it is considered appropriate. 7.15 Turning to the proposed materials, the principal elevation of the new dwelling will consist of a large proportion of glazing. Other proposed external material finishes are stated as grey standing seam roof and vertical timber cladding and natural limestone cladding (or similar) for the external walls. Due to the large variety of material finishes within the area, the approach to proposed materials is considered to be acceptable and compliment the design approach of the new house proposed. 7.16 Overall, it is considered that the proposal will create a well-designed development which will address the six qualities of successful places by ensuring the layout and Page 18
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form of the development is appropriate, complying with policies GD1, DS1 and CP1 of the adopted and proposed Plans, alongside the Creating Places Guidance. Access and Parking 7.17 In terms of access and parking to the proposed dwellinghouse, access is to be via the existing access which is to be shared with 18 Oxhill Road. An area of parking is demonstrated within the front garden grounds which provides three spaces for the proposed dwelling within the red line and also three spaces for the existing dwellinghouse within its curtilage. Whilst a curtilage has been demonstrated for each dwellinghouse the parking will in effect work as a communal area with tandem access. 7.18 The Council’s Roads Service provided a consultation which has no objections to the proposal on roads and parking grounds, and are content with the parking arrangement proposed. The Roads Service further recommend informatives for any granting of permission relating to pre and post inspection of the public footway fronting the development site. Trees, landscaping and open space 7.19 There are a number of trees located to the rear of the existing property where the change of use to garden grounds is proposed. These trees are not protected by a Tree Preservation Order. Whilst the proposed block plan indicates the retention of the trees, it is not unreasonable to conclude that in incorporating the land into a domestic curtilage, the applicant may seek to manage or remove the trees. The trees in question form part of a line of trees to the rear of properties on Oxhill Road and facing Ardoch Crescent. It is considered that any granting of permission can, however, include a condition which would require further information to be submitted in order to minimise the tree loss as part of the development. 7.20 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. The Green Network and Green Infrastructure Supplementary Guidance (2022) advises that if the level of amenity space required by Policy GI2 cannot be provided, a financial contribution of £30 per sqm is required. As there is no scope for the required 90sqm of greenspace to be provided on site, a developer contribution is required. On this basis a contribution of £2,700 is required. Subject to this contribution being received, the proposal complies with Policy R2 and Policy GI2. Ecology 7.21 The main part of the site forms part of a domestic garden. The area to the rear of the property which is proposed to be incorporated into the garden has a variety of trees as noted above and is otherwise overgrown. No part of the site has any existing buildings to be removed. No concerns arise in respect of protected species, however, the site as a whole has the potential to host breeding birds and a condition can be attached in this respect. Full details of biodiversity enhancement in accordance with Policy 3 of NPF4 can also be addressed by condition. Residential Amenity 7.22 The proposed dwellinghouse is within close proximity to the boundary of number 20 Oxhill Road. The south elevation of the proposed dwellinghouse which faces the neighbouring property at number 20 has no windows only a skylight within the roofline. Page 19
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Within 20 Oxhill Road itself, there are no windows on the main gable, side elevation of the neighbouring property to the south and the rear projecting kitchen of the neighbouring property is single storey in height. Due to the distance between the windows being in excess of 12m, the change in heights between ground floor windows of the neighbouring property and the roofline, as well as the angle of the sky light, it is considered that no adverse overlooking will be created between the proposal and number 20. Whilst the applicant has indicated that the dwellinghouse is proposed to be used in conjunction with the existing dwellinghouse, the submitted application is for a new dwellinghouse and it must be assessed as such and recognised that in the future could be under separate ownership. It must therefore be considered as to whether the dwellinghouse would still be acceptable with reference to the residential amenity of the residents of the existing house. 7.23 With a tandem access arrangement, a communal parking area is created spanning the front curtilage of both the existing house and proposed house. Notwithstanding the application site boundary delineated on the proposed site plan, this common area will be for use by residents of both the existing and proposed houses. It is accepted that this will result in a degree of activity across this communal area, including to the front of the proposed house and the front corner of the existing house. On balance, it is concluded that, in this instance, the level of activity and intervisibility between properties which would occur within the common area would not be so extensive as to be to the detriment of the amenity of the residents of both the existing and proposed houses. Oxhill Road has a varied pattern of development, including plot sizes and layouts. Comparisons can be drawn between the current proposal and the arrangement of the tandem front access and common driveway at numbers 37 and 37A Oxhill Road which results in activity to the front of both houses. 7.24 In further considering residential amenity in terms of overshadowing, the proposed property is located to the north number 20. Given the existing dwellinghouse, outbuildings within both gardens, boundary wall and tree line located to the north of number 20 there are multiple items which may give rise to overshadowing of number 20 in the late afternoon/evening. Whilst a degree of overshadowing may occur within the garden of number 20, it is not considered to be of an unacceptable level. As such, it is considered that the proposal will not have an adverse impact upon residential amenity. 7.25 It is accepted that a degree of disruption will occur during the construction phase. This will occur with any development proposal and cannot be a determining factor. A condition is, however, proposed to mitigate the potential impact. On completion, it considered that the level of noise and activity would be typical of that expected from residential properties within an established residential area, and that the overall impact on neighbouring amenity in this respect will be neutral. Flooding and drainage 7.26 With respect to flooding and drainage, the Council’s Roads Service were consulted on the application in this respect. No objections have been raised. 7.27 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. The proposal is not within an area shown at risk of flooding on the SPEA flood maps and as such is in accordance with the policy. Other Matters raised in representations 7.28 With respect to other matters raised in the objection and not already assessed above concerns have been raised regarding the impact on neighbouring property, garden Page 20
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and boundary due to being undermined by the works. There is nothing to suggest this would occur and damage to neighbouring property, if it was to occur, would be a civil matter between the parties involved and not a material planning consideration. 8. CONCLUSION 8.1 The application site forms part of an existing residential plot within a well-established residential area. Whilst not allocated for housing, it is within an existing settlement and an expected timeframe for build out has been provided. Subject to the appropriate use of conditions, the proposed development is acceptable. The layout and design of the development ensures that it integrates well with the existing streetscape and whilst the design does not duplicate what is immediately beside it, it references design elements in a more modern context. The change of use of land to the rear of the existing plot, whilst in an area of designated open space is acceptable in this context due to the slope on the land proposed for the change of use to garden ground, the small proportions, that access is restricted further on into the designated area and the poor condition of the area it is considered that the proposal does not adversely affect the overall function of the open space. 8.2 Overall, subject to the conditions below, the proposal is considered to be acceptable with reference to NPF4, the adopted Local Plan and proposed Local Development Plan 2. Subject to the receipt of the green network developer contribution the proposal will also be acceptable with reference to the associated planning guidance. 9. CONDITIONS 1. Prior to the commencement of development on site, exact details of all proposed external materials (inclusive of all hard surfaces), to be used in the development site shall be submitted to and approved in writing by the Planning Authority. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved material details and palette. Reason: In the interest of visual amenity. 2. Prior to the commencement of development on site, a detailed boundary treatment and hard and soft landscaping plan, including timescales for implementation shall be submitted to and approved in writing by the Planning Authority. This plan shall include details of tree loss, replacement planting and root protection measures to safeguard existing trees. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved plans. Reason: In the interest of visual amenity, protection and enhancement of biodiversity and tree protection. 3. Prior to the commencement of development on site, a Biodiversity Enhancement Plan setting out how the proposal enhances biodiversity beyond the current baseline, together with the implementation on site, shall be submitted to and approved in writing by the Planning Authority. All measures shall then be implemented as approved. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in accordance with the approved plan. Reason: In the interest of biodiversity. Page 21
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4. That any trees, shrubs or areas of grass which die, are removed, damaged or become diseased within five years of completion of the landscaping shall be replaced within the following year with others of a similar size and species. Reason: In the interest of visual amenity and biodiversity. 5. That prior to the commencement of works on site, full details of the proposed drainage regime inclusive of calculations and overland flow details shall be submitted to and approved in writing by the Planning Authority. The drainage regime shall then be implemented and maintained thereafter. For the avoidance of doubt, the drainage regime shall be implemented commensurately with the construction of the houses it serves and all surface water shall be intercepted within the site on completion of development. Reason: To ensure adequate drainage of the site. 6. That prior to the occupation of any house, the off-street parking provision hereby approved shall be completed and be available for use by residents of the associated house. The off-street parking provision shall then remain unobstructed and available for use by residents of the associated house at all times thereafter. Reason: To ensure adequate parking provision is in place for development. 7. Prior to the occupation of the houses hereby permitted, the developer shall install the necessary infrastructure to enable the full development and all associated properties to be connected to the existing fibre optic network, where available in West Dunbartonshire, and in accordance with the relevant telecommunications provider’s standards. Reason: To ensure compliance with Policy CON4 of the West Dunbartonshire Proposed Local Development Plan (2020) and in the interests of securing the facilities to support communities. 8. During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may first be agreed in writing with the Planning Authority), shall be carried out between the following hours unless otherwise approved in writing by the Planning Authority: Mondays to Fridays: 0800 – 1800 Saturdays: 0800 – 1300 Sundays and public holidays: No Working Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise and disturbance at unsocial hours. Page 22
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Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 12th February 2025 Person to Contact: Michael Mulgrew, Planning & Building Standards Manager Email: Michael.Mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader Email: James.McColl@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application forms and plans 2. Representation 3. Consultation responses 4. National Planning Framework 4 5. West Dunbartonshire Local Plan 2010 6. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 7. Creating Places Guidance (2022) 8. Green Network and Green Infrastructure Supplementary Guidance (2022) Wards affected: Ward 3 (Dumbarton) Page 23
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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: HQ677 Date: 29 January 2025 DC24/181/FUL Proposed two storey dwellinghouse with associated parking, landscaping and change of use of land to rear to garden grounds 18 Oxhill Road Dumbarton G82 4DG ITEM 6a - APPENDIX 1 Page 24
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory and Regeneration Planning Committee: 12th February 2025 DC24/050/FUL: Alteration and extension to existing hall to facilitate creation of new cafe area together with formation of raised deck and hard surfacing, and the installation of access lift at Napier Hall, 312 Dumbarton Road, Old Kilpatrick 1. REASON FOR REPORT 1.1 Under the terms of the approved Scheme of Delegation, this application requires to be determined by the Planning Committee as it is subject to a substantial body of objection. 2. RECOMMENDATION 2.1 Grant planning permission subject to the conditions set out in Section 9 below. 3. DEVELOPMENT DETAILS 3.1 The application relates to an existing single storey Community Hall located on the northern side of Dumbarton Road, Old Kilpatrick. Thistleneuk lies to the rear. The Hall is broadly L shaped and comprised of cream roughcast walls, red brick basecourse and window and entrance detailing, brown uPVC windows and timber doors, with brown concrete tiles on the hipped and double pitch roof. The ground adjacent to the western and southern elevations is comprised of hardstanding, with the ground along the eastern and northern elevations being grassed and paved. The Hall currently hosts a food bank service and various community activities and events. 3.2 The site is situated in a mixed-use area, with a pharmacy and terraced housing to the east, a pub/restaurant with a small shopping parade beyond to the west, residential properties to the south, and an area of open space to the north with residential properties beyond. 3.3 Planning permission is sought for the following: Western Elevation Erection of a 65sqm single storey extension which would facilitate the creation of a café area within the Hall. It would project 8.6m from the recessed western elevation at the widest point, 7.9m at the narrowest point and be 7.3m in length, with the flat roof rising to a highest point of 3.9m. A glazed single door on the southern elevation would be accessed via external steps rising to a height of 0.4m, with associated balustrade and handrail rising to 1.1m. An adjacent platform lift with an aluminum framed glass enclosure would provide further access. A 1.6m wide side panel, 1.8m wide window and an aluminum and glazed entrance canopy with a 0.5m projection are further proposed on the southern elevation. The extension walls would be finished with facing brick and a textured band of glazed brick, with ITEM 6b Page 25
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powder coated aluminum framed door and windows. No information has been provided on the brick colour and roof finish. Installation of a further platform lift with aluminum framed glass enclosures to provide access to the existing door. Northern Elevation Installation of a flue on the rear elevation, which would project 1.1m from the face of the wall, exit the unit 2.3m above ground level and rise 2.7m to finish 1.8m above eaves height and 0.5m below the adjacent roof pitch. Eastern Elevation Creation of a 10.1sqm raised deck rising to 0.8m in height and having a stepped external access with glazed balustrade and handrail to a maximum height of 2m. Laying of a hard surface within the garden area to the eastern elevation of the building. 3.4 It is further proposed to: Create 4 parking spaces, with 2 visitor spaces within the front curtilage and 2 staff spaces within the western side curtilage. Erect a 3.7m wide double gates across the front of the western side curtilage. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service – No objections following clarification on parking spaces. 4.2 West Dunbartonshire Council Environmental Health Service – No objections however a range of planning condition are recommended to address the details of the ventilation system, noise, external lighting and grease traps. 5. REPRESENTATIONS 5.1 Nine objections were received. The full details are contained within the planning file and are available for public viewing. However, the points and concerns raised can be summarised as follows: Adverse impact on road safety and parking. Cars already parked on the adjacent pavement and general area are an obstruction to disabled and pram users. Adverse impact on residential amenity via noise disturbance, overlooking and air pollution. Adverse impacts on historic value of the Hall building. A replacement rear fence has been erected, thereby extending the building line, with materials delivered via Thistleneuk which is not big enough for lorries. Empty alcohol bottles are already being left on the public path after functions in the hall. Adverse impacts on the safety of residents. The area already has good provision of cafes. Page 26
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No need/demand for another café. If the lease is for 10 years, would there be a planning application to extend the lease. Building materials still on the site from previous work. What will the main area of the hall, which is currently used as a café, be used for. The Hall is becoming less and less a food bank and more a function hall One of the existing two halls could be used as a café. 5.2 The points and concerns raised above will be considered in the appraisal below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 Policy 1 relates to tackling the climate and nature crises and states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 also relates to the climate in the form of climate mitigation and adaptation and advises that development proposals will, as far as possible, be sited and designed to minimise lifecycle greenhouse gas emissions and adapt to current and future risks from climate change. The proposal would have a neutral impact in respect of Policies 1 and 2. 6.2 Policy 12 relates to waste and advises that development proposals will set out how much waste the proposal is expected to generate and how it will be managed. The proposal is acceptable in this respect as it relates to an existing Community Hall with established waste collection arrangements. 6.3 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 alterations and extension raise no concerns and would support and enhance the operation of an established Community Hall within a central location without significant adverse effects on local amenity. 6.4 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. No concerns arise in respect of flooding or drainage. 6.5 Policy 23 aims to safeguard people from environmental harm and promote and facilitate development that improves health and wellbeing. The proposal is considered acceptable with reference to this policy because noise and activity associated with the works is not considered to constitute a significant increase beyond the existing position where the premises is already subject to a medium level of ambient noise, being situated in a busy location. 6.6 Policy 25 supports development proposals which contribute to local or regional community wealth building strategies and local economic priorities, including community led proposals and community led ownership of buildings and assets. The proposal is acceptable as the applicant is a Community Interest Company leasing the property from the Council. Page 27
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6.7 The proposed development is supported by NPF4 and is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 6.8 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, layout and design; be energy efficient and meet the roads, parking and access requirements of the Council. The proposed alterations and extension are considered acceptable with reference to this policy. 6.9 Policy PS3, which advises that the Council will encourage improved or new public services within the Plan area, including community facilities, supports the proposed enhancement of an established Community Hall. 6.10 Policy H5 aims to safeguard and where possible enhance the character and amenity of existing residential areas. Proposals are assessed against a number of criteria, including the need to reflect the character of the surrounding area in terms of scale, density, design and materials; and the need to avoid over development which would have an adverse effect on local amenity, access and parking. With specific regard to non-residential uses, proposals should be ancillary or complementary to the residential area and not result in a significant loss of amenity to the surrounding properties as a result of increased traffic, noise, vibration, smell, artificial light, litter, hours of operation and general disturbance. Further to the assessment in Section 7 below, it is considered that the proposed alterations and extension to the building would not have significant adverse effects on residential amenity. In light of this, the proposal complies with Policy H5. 6.11 Policies F1 and F2 aim to ensure that new development is not at risk from and does not increase the risk of flooding. The up-to-date development plan position in respect of flooding is set out within Policy 22 of NPF4 which has primacy in this instance. The proposal raises no concerns in relation to flooding or drainage. 6.12 The proposal complies with the policies of the adopted local plan and is assessed fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 Policy CP1 seeks to ensure that development is of a high quality, adaptable and designed to be suitable for a mix of occupants. It indicates that all new development will be expected to contribute towards creating successful places by having regard to the six qualities of a successful place (distinctive, adaptable, resource efficient, easy to Page 28
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get to/move around, safe and pleasant, and welcoming). The proposed alterations and extension are considered acceptable with reference to this policy. 7.3 Policy H4 aims to protect, preserve and enhance the residential character and the amenity of existing residential areas at all times. There is a general presumption against the establishment of non-residential uses within, or in close proximity to, residential areas which would have detrimental effects on local amenity, or which cause unacceptable disturbance to local residents. It is considered that the proposed alterations and extension to the building would not have significant adverse effects on residential amenity, as assessed below. In light of this, the proposal complies with this Policy. 7.4 Whilst Policy ENV6 is similar to the flooding policy of the adopted Local Plan, the up-to- date development plan position in respect of flooding is set out within Policy 22 of NPF4, which has primacy in this instance. The proposal raises no concerns in relation to flooding or drainage. 7.5 It is considered that the application complies with the relevant policies above, as set out in the assessment below. Principle of Development 7.6 Napier Hall is located in a residential area, as identified on the Proposals Maps of the respective adopted Local Plan and the proposed Local Development Plan (LDP) 2. It has been operated as a Class 10 Community Hall/Centre for a significant number of years, with the current occupier operating various community events/activities together with a food bank facility, all of which form part of the range of uses associated with such a Hall. The extension to the hall will facilitate the formation of a café, much of which will be formed within the existing building. It is not uncommon for Community Halls to provide a small café facility as part of the wider use and it is noted that the café will be accessible internally from the main part of the building, as well as the entrance within the new extension. It is therefore considered ancillary to the wider Community Hall use. The proposed extension to facilitate the formation of the café would not adversely affect local amenity (as further discussed below) and, as such, the principle of the alterations and the extension to the building is supported by Policy H5 of the Local Plan and Policy H4 of the proposed LDP2. With the applicant being a Community Interest Company which is leasing the property from the Council, the proposal is also supported by Policy 25 of the NPF4 and Policy PS3 of the Local Plan. The proposal is further supported by Policy 15 of the NPF4 as it would support the use of a building which contributes to 20-minute neighborhoods and local living by providing local access to community facilities and recreational activities. Site Layout, Design and Appearance 7.7 New development requires to be well designed, take cognisance of the setting into which it is introduced and provide high-quality, well-designed buildings, whilst also recognising the impact on existing neighbouring properties. 7.8 The single storey scale and 65sqm footprint of the extension is appropriate relative to the existing Hall and plot size, with the design raising no concerns. It is considered that a brick finish with feature brick element will add visual interest and, along with powder coated aluminium framed doors and windows, would complement the existing hall. While no information has been provided on the colour of the facing brick and textured band of glazed brick, or the roof material, the final colour choice of brick and roof material can be controlled through condition to ensure that it either matches or complements the existing colour palate of the building. The timber decking and paving proposed on the eastern elevation raise no concerns in respect of design and Page 29
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appearance. The proposed extraction flue is located to the rear and has no impact on the appearance of the building when viewed from Dumbarton Road, but it is visible from Thistleneuk to the rear. However, flues and other service equipment are commonly found to the rear of buildings, and it is considered that, on balance, the visual impact is acceptable. Whilst there are concerns in the objections that the proposal would adversely affect the buildings historic value, it is noted that the building is neither listed nor in a Conservation Area. 7.9 Overall, it is considered that the proposed alterations and extension are appropriate for the existing building and wider streetscape. As such, it complies with Policy 14 of the NPF4 and policies GD1 and CP1 of the respective adopted and proposed Plans Residential Amenity 7.10 A number of objections raised concerns about adverse impacts on residential amenity, specifically in relation to noise disturbance, overlooking and air pollution. With respect to noise, it is noted that the proposed extension would not project further west than the existing north-western part of the Hall. As such, the proposal would not reduce the existing separation distance between the Hall and adjacent housing. Whilst the extension facilitates the creation of a café, it remains that a café could be created within the existing building as part of the facilities provided within the Community Hall without the requirement for a planning application. Nonetheless, it is considered that the extension which provides an entrance to the proposed café area would not generate noise and activity beyond that which already occurs at the Hall. With respect to the eastern elevation, while a pharmacy is situated directly between the proposed decking and the housing to the east, residential properties do lie in close proximity immediately to the rear of the adjoining pharmacy and also share a boundary with the rear portion of the Hall curtilage. It is noted that the application site lies within a busy location and adjacent to a local centre, as defined within the adopted Local Plan, with a further public house and retail premises not within the designated centre also nearby. Notwithstanding the established noise and activity within the locality, the use of the decking has the potential to result in additional outdoor activity that could impact upon nearby residential amenity into the evening and also for the new access to result in noise transference from the main hall to the outdoor area if the door was left open. To address this, it is recommended that a condition is attached restricting the use of the decking area to the hours of 8am to 8pm each day. Whilst Environmental Health recommend that a mechanism for controlling the potential for breakout noise from the door be secured through a condition, in order to limit the potential for unacceptable noise transference from the main hall to the outdoor area, such a condition has not been applied as it is not considered a matter that falls within planning control. However, this has been added as an advisory note. Whilst Environmental Health further advise that no amplified music should be played on the decking area, it is noted that no external speakers are proposed. Potential noise from the ventilation system can be addressed by condition as recommended by Environmental Health 7.11 In considering the privacy of adjacent residents, there would be no impacts on the housing to the west as no openings are proposed on the western elevation of the extension. In relation to the decking proposed on the eastern elevation, it is noted that this faces directly onto the western elevation of the Pharmacy, which has no openings and extends approximately 10m beyond the northern side of the decking. In light of this, it is considered that there would no significant effects on privacy beyond the existing position. In terms of air pollution, it is considered that the number of new car trips likely to be generated by the proposal would not result in a significant increase in air pollution. Environmental Health raise no concerns regarding the position of the proposed extraction flue to the rear of the building and the final specification of the extraction system can be addressed by condition, as recommended by Environmental Page 30
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Health. This will ensure that there is no adverse impact on residential amenity from cooking odour from the flue. Traffic, parking, road safety and connectivity 7.12 It is noted that a number of objections raised concerns about road safety and parking. Notwithstanding that the extension only provides a small area of additional floorspace, the initial consultation response from the Roads service did not support the proposal as it would represent an intensification of use and no dedicated parking was proposed. The applicant has subsequently clarified available off-street parking, which includes two parking spaces to the western side of the building and two dedicated parking spaces within the front curtilage. Whilst it is acknowledged that the layout shown within the front curtilage would mean that the two spaces could not be used independently from each other, the arrangement shown is acceptable to the Roads Service. 7.13 The site is well connected, being situated adjacent to the public pavement along Dumbarton Road which links in all directions to the wider residential area. The site is also within 250m of a train station, with two bus stops with services to surrounding towns, Clydebank, Balloch and Glasgow within 80m. In light of this, it is considered that the proposal complies with Policy 13 and Policy T4. Other considerations 7.14 The proposal raises no concerns with respect to flooding as SEPA’s Flood Map identifies no specific risk. In relation to drainage, the application indicates the proposal would utilise the existing water supply and drainage arrangement, which is acceptable. 7.15 The proposal is expected to generate a level of waste commensurate to a community facility of the scale proposed. While no information has been provided on the storage and collection of waste from the proposed café within the Hall, it is expected that existing arrangements for waste will be utilised. Matters in relation to external lighting and grease traps can be addressed by advisory note. Other Matters raised in representations 7.16 With respect to other issues raised in the objections and not already assessed above, it is noted that a replacement fence has been erected to the rear of the Hall. As this is not subject to this planning application, it is not a material consideration in this assessment. Whilst concerns are raised that large vehicles associated with works to the Hall access via Thistleneuk, it is noted that no information has been submitted to substantiate this and no vehicle access either exists or is proposed to the rear. A planning enforcement query (EP24/013) was submitted regarding a gate being erected across the front of the western side curtilage without planning permission. As this gate forms part of the current application, the grant of planning permission would resolve the breach of planning control. While the leaving of alcohol bottles on the public pavement after existing events in the Hall was also raised, this impact has not been evidenced and there is nothing to suggest that the proposed alterations and extension would contribute to littering or anti-social behaviour. While a number of questions were raised about the future use of the existing Hall, it is noted that the current application does not seek any changes of use to the existing Hall, beyond the established Class 10 use. 7.17 In relation to the remaining issues raised, including existing café provision, the need/demand for further provision, lease arrangements, building materials left over from previous work, these are not material considerations in the assessment of this application. Page 31
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8. CONCLUSION 8.1 Overall, the proposal is welcomed as it would enhance the existing community facility without having any detrimental effects on local amenity. 8.2 The proposal presents no conflict with the policy requirements of NPF4, the adopted Local Plan and the proposed Local Development Plan 2. Whilst the objections are acknowledged, there are no material planning considerations which suggest that the application should be refused. 9. CONDITIONS 1. Prior to the commencement of development on site, exact details of all proposed external materials shall be submitted to and approved in writing by the Planning Authority. Thereafter, unless otherwise agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved material details and palette. Reason: In the interest of visual amenity. 2. Prior to the commencement of development on site, full details of all hard surfaces, including boundary treatments, shall be submitted for the further written approval of the Planning Authority. The development shall thereafter proceed in accordance with the approved details. Reason: In the interest of visual amenity. 3. The external decking area hereby approved to the eastern side of the building shall only be used between the hours of 8am to 8pm daily, unless otherwise first agreed in writing by the Planning Authority. Reason: To safeguard local residential amenity and avoid disturbance to residential properties. 4. That unless otherwise first agreed in writing and prior to the commencement of any development on site, a detailed specification in respect of the collection, treatment and disposal of cooking odours and pollutants be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the system shall utilise the discharge flue to the rear elevation hereby approved. The system shall then be installed as approved, inclusive of discharge flue, prior to the commencement of any cooking which discharges via the flue hereby permitted and retained as approved at all times thereafter. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by way of odour nuisance. 5. Prior to the commencement of works on site, full details of how the extract ventilation system will be suitably insulated or isolated to minimise noise and vibration transmission to the building structure shall be submitted to and approved in writing by the Planning Authority. Works shall then proceed as approved and be retained as approved at all times thereafter during the lifetime of the use to the satisfaction of the Planning Authority, unless otherwise first agreed in writing by the Planning Authority. Page 32
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Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise or vibration. 6. Noise from the ventilation system hereby approved shall not give rise to a noise level within any dwelling or other noise sensitive building assessed with the windows open in excess of the equivalent to Noise Rating Curve 35, between 07:00 and 20:00 hours, and Noise Rating Curve 25 at all other times, unless otherwise agreed in writing by the Planning Authority. Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise nuisance. 7. During the period of construction, all works and ancillary operations which are audible at the site boundary (or at such other place(s) as may first be agreed in writing with the Planning Authority), shall be carried out between the following hours unless otherwise approved in writing by the Planning Authority: Mondays to Fridays: 0800 – 1800 Saturdays: 0800 – 1300 Sundays and public holidays: No Working Reason: To ensure that the development does not adversely affect the amenity of neighbouring properties by creating excessive noise and disturbance at unsocial hours. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 12th February 2025 Person to Contact: James McColl, Development Management Team Leader James.McColl@west-dunbarton.gov.uk Appendix: Location Plan Background Papers: 1. Application forms and plans 2. Consultation responses 3. 4. Representations National Planning Framework 4 5. West Dunbartonshire Local Plan 2010 6. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 7. Creating Places Planning Guidance (2022) Wards affected: Ward 4 (Kilpatrick) Page 33
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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: HQ678 Date: 29 January 2025 DC24/050/FUL Alteration and extension to existing hall to facilitate creation of new cafe area together with formation of raised deck and hard surfacing, and the installation of access lift Napier Hall 312 Dumbarton Road Old Kilpatrick G60 5JH ITEM 6b - APPENDIX 1 Page 34
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 12th February 2025 _____________________________________________________________ Subject: Planning application 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. Purpose The purpose of this report is to update the Committee of the position relating to the above planning application which was referred to the Scottish Ministers following Committee determining it was minded to grant planning permission. 2. Recommendations 2.1 It is recommended that the Committee note the decision. 3. Background 3.1 Planning application DC23/227/FUL considered a proposal for change of use from beauty salon to three residential flats at nos. 4 - 6 Greenhead Road, Dumbarton. The Scottish Environmental Protection Agency (SEPA) objected to the proposal on flood risk grounds This was because SEPA considered the proposed development would result in an increased land use vulnerability in an area which is anticipated to be at high risk of fluvial flooding. SEPA further considered 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 was also identified as being required. 3.2 In considering the application, the proposal was supported by the land use policies in both the adopted and proposed Plans. The proposal would also return the upper floor of the building to residential use, as it was prior to the change of use granted planning permission in 2002. As the redevelopment of vacant properties and enabling of a variety of residential developments is supported by both national and local planning policy, the proposal was welcomed and was considered to provide an effective use of a vacant property and its reintroduction to the housing stock. However, SEPA were 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. Conversely, the proposal related to an existing building with no external changes proposed. The building was also considered to be at no more risk from flooding that it is currently and with no external alterations or increase in building footprint, there was no prospect that the development would increase flood risk elsewhere. The site also lies within an established residential area with surrounding residential buildings also being at risk of flooding. The benefit of redevelopment of a vacant property along with the housing stock benefit was considered to outweigh the flooding concerns which formed the basis of SEPA’s objection. 3.3 In considering this application, Members noted there was no objection from the Council as local flood authority. Informed by the submitted supporting statement and lack of objection from the local flood authority, it was concluded that, in accordance with the Officer’s assessment of the application, whilst in the event of flooding an ITEM 7 Page 35
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island of development would result in terms of the proposal (i.e. the proposed flats would be surrounded by flood water, but likely 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 residents potentially at risk of flooding within the wider area would be negligible. It was 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). Committee therefore determined that they were minded to grant planning permission in line with the Officer’s recommendation. 4. Main Issues 4.1 Following consideration by Committee on 11th December 2024, the planning application was notified to the Scottish Ministers under the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009. 4.2 The Scottish Ministers advised that it was not their intention to intervene in this application by either issuing a direction restricting the granting of consent, or by calling in the application for their own determination. Accordingly, the Council has now been able to grant planning permission in accordance with the Committee’s decision. 5. People Implications 5.1 There are no people implications associated with this report. 6. Financial and Procurement Implications 6.1 There are no financial or procurement issues associated with this report. 7. Risk Analysis 7.1 There are no risks associated with this report. 8. Equalities Impact Assessment (EIA) 8.1 There are no equalities issues associated with this report. 9. Consultation 9.1 Consultation was undertaken during the consideration of the planning application. 10. Strategic Assessment 10.1 The Council’s decision on these planning applications is considered to have been consistent with the following strategic priorities: Our Economy – Strong and Flourishing; Our Environment – A Greener Future; and Our Communities – Resilient and Thriving. Page 36
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Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 12th February 2025 Person to Contact: Michael Mulgrew, Planning & Building Standards Manager Email: Michael.Mulgrew@west-dunbarton.gov.uk James McColl, Development Management Team Leader Email: James.McColl@west-dunbarton.gov.uk Appendices: None Background Papers: 1. Report to Planning Committee 11th December 2024 - Planning application 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. 2. DPEA Case Record - https://www.dpea.scotland.gov.uk/CaseDetails.aspx?ID=12583 9 Wards Affected: Ward 3 (Dumbarton) Page 37
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WEST DUNBARTONSHIRE COUNCIL Report by the Planning, Building Standards and Environmental Health Manager Planning Committee: 12th February 2025 ___________________________________________________________________ Subject: Proposed street names for the Street Name Bank 1. PURPOSE 1.1 To provide additional names to the Street Name bank for new developments across West Dunbartonshire. 2. RECOMMENDATIONS 2.1 It is recommended that the Street Names are approved as set out in Appendix 1 to expand the existing street name bank to allocate to upcoming developments. 3. BACKGROUND 3.1 The names for consideration have been received from local residents of West Dunbartonshire, elected members and research on the local area. 4. MAIN ISSUES 4.1 The proposed street names derive from themes relating to the area such as notable members of the community, Industries associated with the locality and individuals involved in the architecture/design of local areas, sites and structures. 4.2 All elected members were consulted on the suggestions received and the feedback is to include full names of notable person(s), include a theme of former Provosts and depute provosts as Civic Leaders, to research other notable women of West Dunbartonshire and include a theme named after local churches which may have closed. All the above was taken forward and included in the proposed street names enclosed in appendix 1. 4.3 Elected members raised concern that some proposed words associating with Clydebank’s Industrial history of Singer would not be recognised as being associated with Singer by local people due to their technical terms and could be perceived differently than intended. Therefore, as per Appendix 1, these suggestions were removed from the proposed names. ITEM 8 Page 39
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5. PEOPLE IMPLICATIONS 5.1 There are no people implications. 6. FINANCIAL IMPLICATIONS 6.1 There are no financial implications. 7. RISK ANAYSIS 7.1 There are no known risks to the Council. 8. EQUALITIES IMPACT ASSESSMENT (EIA) 8.1 None. 9. CONSULTATION 9.1 All elected members were consulted on proposed names. 10. STRATEGIC ASSESSMENT 10.1 It is compatible with the Council’s strategic priorities. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 27th January 2025 Person to Contact: Michael Mulgrew, Planning & Building Standards Manager, Email: michael.mulgrew@west-dunbarton.gov.uk Appendices: Appendix 1 - Proposed Street Names Appendix 2 – Elected Member Consultation of proposed street names Background Papers: Street Naming and Numbering policy Wards Affected: All Wards Page 40
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Street Name Reference / History Clydebank Slater R.E Slater Architect for Erskine Bridge Kerr Janet Kerr Reid - Community leader and Scotswoman of the year in 1978 for her work in the Clydebank community Slant Singer factory reference Fiddle Singer factory reference Stitch Singer factory reference Feather Singer factory reference Woven Singer factory reference Carnegie Reference to Andrew Carnegie funded building Clydebank library Freeman Reference to designers Erskine bridge Fox Reference to designers Erskine bridge Fairhurst Reference to Steelwork on Erskine bridge Vale of Leven Kelly James Kelly footballer, Born in Renton 1865 Elm Water Gaelic meaning Leven is Leamnha also known as Elm water Pender John Pender - Victorian entrepreneur, born in Bonhill Adamson of Adamson and McLeod - designed Smollett fountain Old Oak Referencing 'the old oak tree' which was in place of Smollett fountain 1865 and prior, the traditional place speeches would be made. Gleave Joseph L. Gleave - Architects of Vale of Leven Hospital Dumbarton Gander Dumbuck Bonded Warehouses Clementine Dumbuck Bonded Warehouses ITEM 8 - APPENDIX 1 Page 41
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Madden John Madden Footballer born in Dumbarton in 1865 Pearson Jock Pearson (Alastair Stevenson Pearson) Former Lord Lieutenant of Dunbartonshire 1979-1990 & Governor or Dumbarton Castle 12 June 1981 Drummond Alexander Patrick Drummond Telfer-Smollett – Former Lord Lieutenant of Dunbartonshire 1949-1954 Melvin Robert Grieve Melvin – Architect who designed the Old Burgh Hall, Dumbarton White tower Reference to one of the two Dumbarton Rock Peaks – White Tower Crag Page 42
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Proposed Street Names DUMBARTON Gander Dumbuck Bonded Warehouse - Scotch Guard reference Clementine Dumbuck Bonded Warehouse - Scotch Guard reference Madden John Madden Footballer born in Dumbarton 1865 Melvin Robert Grieve Melvin – Architect who designed the Old Burgh Hall, Dumbarton White Tower Reference to one of the two Dumbarton Rock Peaks – White Tower Crag VALE OF LEVEN Kelly James Kelly footballer, Born in Renton 1865 Elm Water Gaelic meaning Leven is Leamnha also known as Elm water Pender John Pender - Victorian entrepreneur, born in Bonhill Adamson of Adamson and McLeod - designed Smollett fountain Old Oak Referencing 'the old oak tree' which was in place of Smollett fountain 1865 and prior, the traditional place speeches would be made Gleave Joseph L. Gleave - Architect of Vale of Leven Hospital CLYDEBANK Kerr Janet Kerr Reid - Community leader and Scotswoman of the year in 1978 for her work in the Clydebank community Slant Singer factory reference Fiddle Singer factory reference Stitch Singer factory reference Feather Singer factory reference Woven Singer factory reference Carnegie Reference to Andrew Carnegie funded building Clydebank library Freeman Reference to designers Erskine bridge Fox Reference to designers Erskine bridge Fairhurst Reference to Steelwork on Erskine bridge Slater R.E Slater Architect for Erskine Bridge ALL AREAS Alastair Pearson Lord Lieutenant of Dunbartonshire 1979-1990 James Burns Lord Lieutenant of Dunbartonshire 1909-1919 James Graham Lord Lieutenant of Dunbartonshire 1813-1836 Drummond Lord Lieutenant of Dunbartonshire 1949-1954 (Alexander Patrick Drummond Telfer-Smollett) Angus Graham Lord Lieutenant of Dunbartonshire 1955-1968 ITEM 8 - APPENDIX 2 Page 43
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WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 12th February 2025 _____________________________________________________________ DC23/177/FUL: Planning appeal decision - Erection of single wind turbine, 30m hub and 43m tip, access track, substation and associated works on land adjacent to East of Broomhill Wood, Bonhill, Alexandria. 1. Purpose 1.1 The purpose of this report is to advise the Committee of the outcome of the appeal to erect at single wind turbine measuring 30m to the up and 43m to blade tip, creation of access rack, substation and associated works at the above address. 2. Recommendation 2.1 It is recommended that the Committee note the outcome of the appeal. 3. Background 3.1 In April 2015, the Planning Committee were minded to grant planning permission for the same proposal (DC14/210) subject to the conclusion of a legal agreement to ensure that a suitable financial bond is put in place to cover restoration liabilities for the site and the community benefit contribution. The financial bond was never concluded and with a lack of any progress over an extended period, the application was considered withdrawn in March 2021. 3.2 In August 2023, the Planning Committee refused planning permission (DC22/190/FUL) for the erection of a single wind turbine, 30m hub and 43m tip, access track, substation, agricultural shed and associated works on the grounds that it has not been demonstrated that the proposed agricultural shed was being provided in association with an agricultural land holding, nor had the nature of any farming operation at this location been quantified. Therefore, it could not be concluded that the proposed shed was specifically required to support agriculture at this green belt and the shed would result in unjustified sporadic development within the green belt location. It is thus not a form of development that is supported in the green belt policies. 3.3 A further planning application (DC23/177/FUL) was submitted which sought to address the previous reasons for refusal with the removal of the agricultural shed. This application was refused by the Planning Committee as it was considered that the proposal would result in the siting of a wind turbine which would have a detrimental impact upon visual amenity, the proposal did not protect or improve the Green Network and that the proposal would have an unacceptable impact upon the trees which line the proposed access route. As such the proposal was not supported by National Planning Framework 4, the adopted Local Plan or proposed Local Development Plan 2. 4. Main Issues ITEM 9 Page 45
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4.1 Following the refusal of planning permission, the applicant submitted an appeal to the Directorate for Planning and Environmental Appeals. 4.2 Following a full assessment, the Reporter dismissed the appeal and refused planning permission on 3rd December 2024. In doing so, the Reporter found the main issues to be the impacts on landscape character and visual amenity and development within the green belt. 4.3 In assessing the impact on landscape character and visual amenity, the Reporter accepted that the proposed turbine is small in scale and that the proposed track and substation and other ancillary works would not be of a significant scale of development. However, the Reporter considered the visual effects at the various viewpoints as well as the views to the protected landscape are particularly sensitive. Consequently, the visual impact of even a small turbine would be significant. The Reporter considered that the proposed development would have a significant adverse effect on the landscape character of the Local Landscape Area given its incongruity, its prominence in views from the south and west, and its impact on the perception of the landscape’s naturalness. For these reasons, the Reporter found the proposal to be contrary to part d) of Policy 4 of NPF4 and to Policy DC 6 of the adopted Local Plan. 4.4 Turning to the Green Belt location of the development, the Reporter further considered that the incompatibility of the proposal with the surrounding established countryside and landscape character, and the adverse effect on the setting of Dumbarton and the integrity of the Local Landscape Area would be contrary to the green belt purpose of protecting the setting of settlements. For these reasons, the Reporter consider that on balance the proposal would not be supported overall by Policy 8 of NPF4. Furthermore, as a consequence of the detrimental effect to the green belt and Kilpatrick Hills as an important component of the green network, it would be contrary to Policy GN 1 (Green Network) of the adopted Local Plan. 4.5 The Reporter concluded that the development did not accord overall with the relevant provisions of the development plan and that there were no other material considerations which would justify granting planning permission. 5. People Implications 5.1 There are no people implications associated with this report. 6. Financial and Procurement Implications 6.1 There are no financial or procurement issues associated with this report. 7. Risk Analysis 7.1 There are no risks associated with this report. 8. Equalities Impact Assessment (EIA) 8.1 There are no equalities issues associated with this report. 9. Consultation 9.1 Consultation was undertaken during the consideration of the planning application. 10. Strategic Assessment Page 46
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10.1 The appeal decision is considered to have been consistent with the following strategic priorities: Our Environment in ensuring the local environment is protected, enhanced and valued. Michael Mulgrew Planning, Building Standards and Environmental Health Manager Date: 12th February 2025 ______________________________________________________________ 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: None Background Papers: 1. Planning Committee report – DC23/177/FUL 2. Planning appeal decision - PPA-160-2041 - https://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=125214 Wards affected: Ward 3 (Dumbarton) Page 47