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Item 7 - Development Plan update

West Dunbartonshire Council · 20 September 2023
Back to Planning Committee — 20 September 2023 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by the Planning, Building Standards and Environmental Health
Manager 
Planning Committee: 20th September 2023
___________________________________________________________________
Subject: Development Plan Update
1. Purpose
1.1 The purpose of this report is to seek approval of a consultation draft
Development Plan Scheme and Participation Statement in relation to a new
Local Development Plan (LDP3).
2. Recommendation
2.1 It is recommended that the Committee agrees the publication of the
consultation draft Development Plan Scheme and Participation Statement set
out in Appendix 1.
3. Background
3.1 The development planning system in Scotland has changed with the
introduction of the development planning provisions of the Planning (Scotland)
Act 2019. The Fourth National Planning Framework (NPF4) has been adopted
by the Scottish Government and now forms part of the development plan for
all planning authorities in Scotland. New style local development plans are to
be prepared, which are to be place-based, people-centred and delivery
focused. They are to be visual plans with the inclusion of a clear spatial
strategy, and a collection of maps, development briefs and masterplans,
instead of lengthy written text and policy. Plans are to be prepared
collaboratively with communities and other stakeholders, with people with
protected characteristics given particular support to engage in the plan
preparation process. The Development Plan Scheme and Participation
Statement is to set out the timeline for preparing new local development plans
and how participation in the preparation of plans will be encouraged.
3.2 The West Dunbartonshire planning authority area excludes that part of West
Dunbartonshire within the Loch Lomond and the Trossachs National Park.
The National Park Authority has responsibility for preparing the Local
Development Plan for that area.
4. Main Issues
Current development plan and planning guidance
4.1 The fourth National Planning Framework (NPF4) was adopted by the Scottish
Government on 13 February 2023 and now forms part of the development

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plan for West Dunbartonshire (and all other planning authorities in Scotland
including National Park Authorities). As planning applications are to be
determined in accordance with the development plan, unless material
considerations indicate otherwise, NPF4 has an enhanced status in the
determination of planning applications and is the most up to date part of West
Dunbartonshire’s development plan.
4.2 The current adopted local development plan for the West Dunbartonshire
Council planning authority area is the West Dunbartonshire Local Plan 2010.
Although dated, it remains part of the statutory development plan for the West
Dunbartonshire planning authority area, and is still relevant for decision-
making purposes.
4.3 At its meeting of 15th March 2023, the Planning Committee agreed not to
adopt the Proposed West Dunbartonshire Local Development Plan (2020, as
modified). This decision was taken with reference to legal advice received that
there were grounds to legally challenge the adoption of the plan. The
Proposed Local Development Plan incorporating the recommended
modifications of the examination report, as agreed at the 19 August 2020
Planning Committee, remains a material consideration in the determination of
planning applications.
4.4 The Council has a number of planning guidance documents relating to
specific topics or places. These do not form part of the development plan but
do form part of the decision-making process for planning application when
relevant. The planning guidance currently in effect in the West Dunbartonshire
planning authority area is:
• Frontiers of the Roman Empire (Antonine Wall) World Heritage Site
(2022)*
• Clydebank Business Park (2023 draft)*
• Clydebank Town Centre Development Framework (2021)
• Commuted payments for Parking (2015)
• Creating Places (2022)*
• Dumbarton Waterfront Path (2017)
• Green Network and Green Infrastructure (2022)*
• Pay Day lending and Betting Shops (2016)
• Queens Quay Design Codes (2020)
* these planning guidance documents are associated with Proposed West
Dunbartonshire Local Development Plan (2020, as modified)
New Local Development Plan
4.5 The Scottish Government published Local Development Planning Guidance in
May 2023. This sets out guidance on the new development planning system
introduced by the Planning (Scotland) Act 2019 and the publication of the
guidance allows the Council to begin the process of preparing a new local
development plan (LDP3). The Scottish Government expects every planning
authority in Scotland to have a new style local development plan in place by
May 2028, with an expected plan preparation time of 3-4 years. The main
stages in the preparation of the new Local Development Plan are:

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4.6 Development Plan Scheme including Participation Statement – this
document is produced annually and acts as a communication tool for letting
stakeholders know when and how they can get involved in the local
development plan process keep them informed of progress. It sets out the
timetable for the preparation of the local development plan and what is
involved at each stage of the process. The Participation Statement part of the
document sets out how stakeholders are to be involved in the preparation of
the local development plan. It is to include targeted methods to reach under-
represented groups, help to make public participation inclusive, ensure that
wider public engagement directly feeds into the preparation of the local
development plan, and promote proactive engagement at all stages of the
plan’s preparation. In preparing the Development Plan Scheme, a planning
authority are to seek and to have regard to the views of the public as to the
content of the Participation Statement. The Council’s draft Development Plan
Scheme including the Participation Statement is attached for approval at
Appendix 1.
4.7 Evidence Report – the purpose of the Evidence Report is to support the
quality and effectiveness of the Local Development Plan. Its aim is to gather
and use evidence to clearly inform what to plan for before the Proposed Plan
looks at where development should take place. Stakeholders’ views are to be
sought when preparing the Evidence Report. Legislation and guidance sets
out the expected content of the Evidence Report. The Evidence Report must
be approved by the full Council before it is submitted to the Scottish Ministers.
The Evidence Report stage is likely to be the most challenging stage of the
new Local Development Plan process. It is a new requirement and whilst the
Scottish Government promote a proportionate approach, the breadth and
depth of evidence required by Scottish Government Guidance is substantial,
as is the level of engagement required. The Guidance sets out information
likely to be required, and other information planning authorities may wish to
prepare or review, as part of the Evidence Report for 33 different policy areas.
Examples of evidence to be submitted include: information on local sources of
greenhouse gases and local opportunities for greenhouse gas sequestration;
identification of nature networks; green belt review and local landscape
character assessment; urban capacity study; heat network zones; and
community assets and community wealth building priorities. While many
evidence data sources already exist or will be prepared by others, other
evidence will need to be sourced or created primarily for the local
development plan process.
4.8 Gate Check – the assessment of the Evidence Report, most likely by a
Reporter from the Directorate and Environmental Appeals (DPEA), is known
as the Gate Check. The Reporter can decide that there is sufficient
information and the planning authority can move to prepare its Proposed Plan,
or the Reporter may consider there is not sufficient information and provide
recommendations for improving the Evidence Report. The aim of the Gate
Check is to reduce the level of debate at the Examination stage of the plan
preparation process and made for a better evidence-led plan. This Gate
Check is a new requirement of the local development plan preparation

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process and the costs of the Gate Check are to be met by the planning
authority.
4.9 Proposed Plan – the Proposed Plan identifies where new development
should take place and where it should not and articulates the ambitions and
priorities for the future development of the Plan area. The preparation of the
Proposed Plan is to be informed by community engagement and a wide range
of prescribed policy and strategy documents. The Scottish Government
guidance sets out requirements in relation to the form and content of the
Proposed Plan. The Proposed Plan must be approved by the full Council. It
must then be published for consultation. Proposed Plans can be modified after
consultation. 
4.10 Delivery Programme – the Delivery Programme sets out how an authority
proposes to implement its Local Development Plan. A proposed Delivery
Programme must be published with the Proposed Plan, and like the Proposed
Plan it is to be approved by full Council. The Delivery Programme is to be a
corporate document, which can influence the authority’s financial investments,
and support delivery of the Plan’s policies and proposals to achieve Council
priorities. It is to be reviewed and renewed at least every two years.
4.11 Examination – the Examination is the opportunity for independent
consideration on any issues raised during the formal consultation on the
Proposed Plan that have not been resolved through modifications. The
Examination will most likely be undertaken by a Reporter from the Directorate
of Planning and Environmental Appeals, who will determine whether the
Examination should be in public, by hearing or by written submissions. Most
recent Examinations now undertaken primarily by written submission. The
Examination will consider unresolved issues following consultation on the
Proposed Plan and also the consultation and involvement of the public in the
preparation of the Plan. Following the Examination, the Reporter will prepare
a report setting out reasons for their conclusions and recommendations,
including any modifications to the Plan. There are limited circumstances under
which a planning authority can decline a Reporter’s recommendations. These
are that the recommendation would make the Plan inconsistent or
incompatible with the environmental assessment, the National Planning
Framework or Habitat Regulations; or that the recommended modification
could not reasonably have been reached based on the evidence considered in
the course of the Examination. The planning authority are to meet the costs of
the Examination.
4.12 Adoption – adoption is the final stage in the preparation of the Plan and
occurs after the Council has received and considered the Examination report
and any recommendations and modifications it proposes.
Local Development Plan preparation timeline
4.13 The proposed timeline for the preparation of a new Local development Plan
for West Dunbartonshire is as follows and also set out in the draft
Development Plan Scheme in Appendix 1. Legislation stipulates the time line

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be set out on quarters based on a financial year running from April to March.
Estimated months are included below to ease understanding of the timeline.
The timeline is considered challenging but realistic and within the 3-4 year
preparation timeline expected by the Scottish Government, and is similar to a
number of other authorities that have already published their preparation
timelines.
Action Proposed timeline
Publication of draft Development Plan
Scheme/Participation Statement
Quarter 2, 2023/24 (September
2023)
Publication of finalised Development
Plan Scheme and Participation
Statement
Quarter 3, 2023/24 (December 2023)
Publication of Evidence Report and
submission for Gatecheck
Quarter 3, 2024/25 (December 2024)
Publication of Proposed Plan and draft
Delivery Programme
Quarter 4, 2025/26 (January 2026)
Submission of Proposed Plan to the
Scottish Ministers for Examination
Quarter 3, 2026/27 (October 2026)
Expected adoption of Local
Development Plan
Quarter 2, 2027/28 (September
2027)
Associated requirements and impact assessments
4.14 The Planning (Scotland) Act 2019 and associated Regulations set out
requirements for other work to be undertaken in association with the Local
Development Plan process. This includes:
• Open Space Strategy – work has started on the undertaking of open
space audit that will form the basis of this strategy
• Play Sufficiency Assessment
• Forestry and Woodland Strategy
4.15 There are a number of different assessments that must be undertaken to
support the preparation of the Local Development Plan. These are:
• Equalities Impact Assessment
• Public Sector Equality Duty Assessment
• Fairer Scotland Duty Assessment
• Strategic Environmental Assessment
• Habitat Regulations Appraisal
Each of these assessments will also be required for the requirements set out
in paragraph 4.13. Some of these assessments are significant pieces of work
in its own right. The assessments are undertaken and updated throughout the
Plan preparation period as detailed above. 
Local Place Plans
4.16 The Planning (Scotland) Act 2019 includes provision for local communities to
prepare Local Plan Plans. Planning authorities are to take account of any
registered Local Place Plan when preparing its Local Development Plan.

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There is a separate report to the September Planning Committee setting out
the proposed approach to Local Place Plans in West Dunbartonshire planning
authority area.
Participation
4.17 The participation of communities and other stakeholders in the Local
Development Plan process is an important feature of the new planning
system. Although engagement has always been part of the process and
encouraged, there are now much stronger requirements set out in legislation
and guidance, including engagement with specific groups such as children
and young people; disabled people; and Gypsies and Travellers.
4.18 The Participation Statement element of the Development Plan Scheme sets
out how the Council intends to encourage participation in the Local
Development Plan process. A draft Development Plan Scheme is attached at
Appendix 1 for approval, and will be used to seek the views of communities
and other stakeholders on how they want to be involved in the Local
Development Plan process.
5. People Implications
5.1 The Planning (Scotland) Act 2019 introduces significant new requirements for
planning authorities which will have an impact on the workloads, skills and
training requirements of planning staff. The Development Planning and Place
Team within West Dunbartonshire Council, which is responsible for the
preparation of the Local Development Plan and other planning policy related
work, is a small team and meeting the timescales for the preparation of the
new Plan will be challenging.
6. Financial and Procurement Implications
6.1 The costs of the Gate Check and Examination processes are to be met by the
planning authority. Based on previous Examinations, it is estimated these may
cost £30,000 each. A burden bid will be made for a £30,000 budget for each
financial year 2024/25 and 2026/27.
7. Risk Analysis
7.1 Not having an up-to-date local development plan may have an impact on
planning decisions taken by the Council and could result in appeal decisions
being upheld.
7.2 As there is a new Local Development Plan process there is a risk associated
with the proposed timeline, particularly the Evidence Report stage and the
Gate Check as these are new requirements, so there is uncertainty around
how long the preparation and gathering of the necessary evidence will take,
and also around the expectations of the Reporter who will be assigned to
undertake the Gate Check. It would also be preferable for community-
prepared Local Place Plans to be validated in time for them to be reflected in

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the Proposed Plan, but as the timing of these are to be decided by
communities there is no guarantee of this.
8. Equalities Impact Assessment (EIA)
8.1 The Development Plan Scheme and Participation Statement is a
document that sets out how communities will be involved in the preparation of
the Local Development Plan. It includes an emphasis on engaging with people
with protected characteristics and groups that represent them. The document
is published initially as a draft for consultation so that the views of people with
protected characteristics can be sought and engagement with them can be
improved. A summary of the EIA can be found below, with the full assessment
in Appendix 2.
EIA 774: The council will be proactive in engaging with
underrepresented groups in preparing the local development plan. This
will include seeking views on the draft Participation Statement itself to
better understand how to engage with these groups.
9. Consultation
9.1 The draft Development Plan Scheme will be published for consultation
following approval by Planning Committee for an 8 week consultation period
ending on 17 November 2023. This will allow a finalised Development Plan
Scheme to be reported to the December 2023 Planning Committee and to
meet the timelines of the Local Development Plan outlined above.  
9.2 The views of the following teams/services have been sought during the
preparation of this report: Legal, Finance, Communities, and Performance and
Strategy. The views of these and other Council services will also be sought
during the consultation on the draft Development Plan Scheme and
Participation Statement.
11. Strategic Assessment
11.1 The new Local Development is considered to be relevant to, and will
help deliver, all of the Council’s strategic priorities:
• Our Communities – Resilient and Thriving
• Our Environment – A Greener Future
• Our Economy – Strong and Flourishing
• Our Council – Inclusive and Adaptable
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 20th September 2023
___________________________________________________________________

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Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager, 
pamela.clifford@west-dunbarton.gov.uk
Alan Williamson, Development Planning & Place Team
Leader
alan.williamson@west-dunbarton.gov.uk
Appendices: Appendix 1: Consultation Draft Development Plan
Scheme and Participation Statement
Appendix 2: Equalities Impact Assessment for
Development Plan Scheme and Participation Statement
Background Papers: None
Wards Affected: All