Item 9 - DC23.177.FUL Planning appeal decision
West Dunbartonshire Council · 12 February 2025
Back to Planning Committee — 12 February 2025 and its agenda
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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bond was never concluded and with a lack of any progress over an extended period, the application was considered withdrawn in March 2021. 3.2 In August 2023, the Planning Committee refused planning permission (DC22/190/FUL) for the erection of a single wind turbine, 30m hub and 43m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
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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
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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)