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Item 5a - DC23.012.FUL Change of use

West Dunbartonshire Council · 15 November 2023
Back to Planning Committee — 15 November 2023 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 15th November 2023
DC23/012/FUL: Change of use from agricultural land to three dog exercise
fields, erection of boundary fencing and erection of three
shelters (retrospective) at Lawmuir Farm, Hardgate,
Clydebank by Run Free Dogs Ltd.  
1. REASON FOR REPORT
1.1 The planning application is subject to a substantial body of objection. Under the
terms of the approved Scheme of Delegation, it therefore requires to be
determined by the Planning Committee.
2. RECOMMENDATION
2.1 Grant planning permission subject to the conditions set out in Section 9
below.
3. DEVELOPMENT DETAILS
3.1 The application site comprises an area of open ground previously comprising
agricultural grazing land together with an access track from the public road
situated at Lawmuir Farm, Hardgate. The site lies to the eastern side of
Glasgow Road (A810). The farm steading at Lawmuir Farm, includes  two
residential properties, lies to the east of the application site with residential
properties on Faifley Road lying to the opposite site of Glasgow Road and
beyond an area of open space the west. The East Dunbartonshire boundary is
located to the north of the site. The total application site area extends to around
1.36 hectares.
3.2 The application seeks to change the use of the land from agricultural to three
dog exercise fields. The three fields are enclosed primarily by a 1650mm high
green chain link fence with localised sections of timber fencing to a height of
1800mm. Access to each of the dog exercise fields is via a metal pedestrian
gate with a larger gate to allow access for maintenance vehicles. Each field
includes a small timber shelter to a height of 2 metres and with a floor area of
around 4.3 metres. Access to the site is taken via the existing track from
Glasgow Road, which also services the farm steading. A small car park
providing parking for six vehicles is provided within the site, finished in
compacted hardcore. Additional parking is also available at the gate of two of
the three fields. The site was brought to the attention of the Planning Service
through a planning enforcement enquiry which highlighted the formation of the
three dog exercise areas at this location and raised concerns regarding their
use. It was established that a planning application was required and the
ITEM 5a

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operation of the site was contacted. The submitted planning application now
seeks to regularise matters. As the work has already been completed and the
dog exercise fields are in use, the application is considered in retrospect. 
3.3 The applicant has submitted a written statement setting out the detail of the
proposal together with a further written statement in support of the proposal
itself. In terms of how the site operates, time slots for the exercise fields are
booked and paid for online with access to the fields being via a lock with PIN
code which is supplied at the time of booking. Booking generally cover up to 4
dogs but the fields can be booked for up to 8 dogs at a time. The use of the
field is exclusive to those who have booked the time slot. Each booking relates
to a 30 minute slot, although consecutive slots can be booked to allow a longer
overall slot. 
4. CONSULTATIONS
4.1 West Dunbartonshire Council Environmental Health Service have no objections
subject to a condition relating to the hours of use of the site.
4.2 West Dunbartonshire Council Roads Service have no objections to the
proposal.
4.3 East Dunbartonshire Council have no objections to the application proposal.
5. REPRESENTATIONS
5.1 Nine objections from six individuals have been received in connection with the
proposal. The objections have all been received from local resident. Two
representations in support have also been received. The full details are
contained within the planning file and are available for public viewing. However,
the points raised in both objection and support can be summarised as follows:
5.2   Objection
• The use of the site causes disturbance to adjacent residential
properties, most notably from barking dogs.
• Noise disturbance occurs 365 days of the year from 7am to 9.30pm.
• Odour will occur.
• There will be an adverse impact on adjacent resident’s quality of life
and mental health.
• Barking dogs on site cause other dogs within the wider residential area
to bark, increasing noise disturbance.
• Dogs may escape from the site and run onto the road resulting in road
safety concerns.
• The site has been in operation for a number of years without the
required planning permission.
• The use of the site will have a negative impact on local wildlife.
• The location of the site is unsuitable for this use.
• No lighting is provided and this result in people being on site in
darkness.

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• A reduction in property value will occur.
• Dog kennels at Cochno Road already result in barking dogs in the
area.
• A similar application was submitted nearby in East Dunbartonshire, and
this was refused.
• The number of dogs on site is often in excess of what the applicant’s
booking website allows.
• Neighbouring residents have not been notified of the planning
application.
5.3 In support, the 2 representations have indicated that the dog exercise fields are
invaluable for allowing dogs to run and play off the lead in a secure
environment. 
5.4 The matters raised above are considered and addressed in 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 seeks to ensure that
development proposals do not adversely impact upon biodiversity and that
enhancement measures are provided as appropriate. 
6.2 Policy 7 seeks to protect historic assets and places and Policy 8 supports
development within the Green Belt in a limited number of circumstances
including proposals for outdoor recreation. Policy 14 requires that development
proposals will be designed to improve the quality of an area whether in urban
or rural locations and regardless of scale. Policy 15 relates to local living and
20 minute neighbourhoods. Development proposal will contribute to local living
including, where relevant, 20-minute neighbourhoods.
6.3 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. A Noise Impact Assessment may be required where the nature of
the proposal or its location suggests that significant effects are likely.
6.4 The matters relevant to the assessment against the above policies are
addressed in detail in Section 7 below. It is concluded that the presents no
conflict with the policy provisions of NPF4.

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West Dunbartonshire Adopted Local Plan 2010
6.5 Policy GB1 presumes against development within the green belt with a limited
number of exceptions. Outdoor recreation that is appropriate for the countryside
and compliant with other Policies is noted as a circumstance where
development could be supported. Policy GD1 sets out a requirement that all
new development is expected to be of a high quality of design and to respect
the character and amenity of the area in which it is located. 
6.6 Policy E9 requires that development proposals in the Green Belt have regard
to the landscape character of the area Proposals that are the detriment of
landscape character will not generally be supported. Policy E1 relates to the
Councils biodiversity duty and Policy BE6B addresses application proposals
within the Antonine Wall Buffer Zones. 
6.7 The matters relevant to the assessment against the above policies are
addressed in detail in Section 7 below. It is concluded that the proposal
presents no conflict with the adopted Local Plan.
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 GB1 restricts development in the green belt to a limited number of
circumstances. This includes recreational uses requiring, and being appropriate
for, a rural setting. Policy H4 of LPD2 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. In this regard,
there will be a general presumption against: b) the establishment of non-
residential uses within, or in close proximity to, residential areas which
potentially have detrimental effects on local amenity or which cause
unacceptable disturbance to local residents. 
7.3 Policy ENV1 addresses nature conservation and Policy ENV2 considers
landscape character. Policy ENV8 relates to air, light and noise pollution. All
new development must ensure that significant adverse noise impacts on
surrounding properties and uses are avoided. Policy AW1 advises that
development that would have an adverse impact on the Antonine Wall or its
setting will not be permitted with Policy BE1 addressing the impact on the
setting of scheduled monuments more generally.

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7.4 Overall, it is concluded that the proposal presents no conflict with proposed
Local Development Plan 2.
Principle of Development within the Green Belt
7.5 The application site is located in the Green Belt as defined by  both the adopted
Local Plan and proposed Local Development Plan 2. Policy 8 of NPF4, and
Policy GB1 of both the adopted Local Plan and proposed Local Development
Plan 2 advise that development in the Green Belt will only be supported in
limited circumstances. These circumstances include proposals for outdoor
recreational uses and this position is consistent across the three Plans,
including Policy 8 of NPF4 which sets out the up-to-date development plan
position. The use of the land for dog exercising and dog walking is considered
to fall under the definition of outdoor recreation and, in principle, the use of the
site meets the requirements of Policy 8 of NPF4 and Policy GB1 of the adopted
Local Plan and proposed Local Development Plan 2. However, all three Policies
require further consideration of the proposal including justification as to why the
development is required at this location, that the purpose of the Green Belt is
not undermined, that the proposal is compatible with the established
countryside and landscape character, that the proposal is of an appropriate
scale and appearance and that there will be no significant long term effects. 
7.6 The applicant advises that the use of the land will allow dog walkers and owners
to bring their dogs to a secure site and let them run off the lead where they will
be secure and kept away from the public, children and livestock. The availability
of the facility could also avoid dogs being walked in locations where there may
be an adverse impact on livestock. The applicant has provided details of the
users of the site from the booking system with customer bookings generally
split between postcodes within West Dumbartonshire, the western side of the
Glasgow City Council area and the Bearsden and Milngavie area.  In
considering the proposal, it is acknowledged that a use of this nature would be
difficult to provide within the urban area due to the availability of land. Green
spaces in the urban area generally taking the form of areas specifically laid out
for the purposes of providing for public recreation or forming part of the green
network within the urban area and would not be readily available to be enclosed
for such a use. The open nature of the proposal with limited physical
development is also not one which would lead to the spread of the built up area
and thus undermined the objectives of the Green Belt. In the consultation
response, East Dunbartonshire Council advise that they consider that the
proposed development is generally compatible with a Green Belt location and
does not conflict with NPF4. 
7.7 Overall, the justification of the proposal set out by the applicant together with
the full detail of the development proposals have been considered. It is
accepted that this is an outdoor recreational use where a location in the Green
Belt would be appropriate and the objectives pf the Green Belt would not be
undermined nor set an unacceptable precedent for the use of Green Belt land.
The principle of the proposal can be considered acceptable, subject to an
assessment of the further matters below.

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Visual Amenity and Landscape Impact
7.8 It remains that it is a policy requirement that any proposal within the Green Belt
does not have any unacceptable impact visually on landscape character or the
countryside location. It is also a requirement that the proposal is of an
appropriate scale and massing, and has an appropriate external appearance.
Considering design, the chain link fence with timber posts has a relatively
unobtrusive appearance within the landscape. It is also not dissimilar in size
and scale to other fences within the existing landscape, including a similar chain
link fence to Glasgow Road north of the site. The gates and limited use of timber
fencing also have an acceptable visual impact. Turning to the timber shelters,
these are of a similar appearance to a field shelter commonly found within
agricultural fields and this, together with the limited size and also the
positioning, ensures they do not result in an unexpected and visually
unacceptable feature. The small parking area also has no adverse visual
impact. There are no landscape features of note within the site that would be
impacted upon by the development, and no trees are proposed to be removed.
7.9 Whilst within a Green Belt location, the application site is located within a varied
landscape. The built up area lies to the west and the existing farm steading at
Lawmuir Farm to the east. A golf course lies to the southwest of the site and to
the north lies a substantial electrical switching station inclusive of several high
voltage overhead electrical lines. Overall, it is considered that the design of the
development is acceptable, that any visual impact is extremely localised and
limited  and overall the site does not have any adverse impact on the varied
landscape at this location. 
Impact on Residential Amenity
7.10  Two residential properties lie within the existing farm steading which is
immediately next to the application site. Residential properties also lie across
Glasgow Road with the nearest house being on Faifley and is around 30 metres
from the application site measured from the garden boundary.   Policy 23 of
NPF4 advises that development proposals that are likely to raise unacceptable
noise issues will not be supported. It is further set out that the agent of change
principle applies to noise sensitive development and that a Noise Impact
Assessment may be required where the nature of the proposal or its location
suggests that significant effects are likely. Policy GD1 of the adopted Local Plan
requires proposals to be appropriate in terms of land use. Policy H4 of proposed
Local Development Plan 2 further states that there will be a general
presumption against the establishment of non-residential uses within, or in
close proximity to residential area which potentially have detrimental effects on
local amenity or which cause unacceptable disturbance to local residents.
Policy ENV8 requires that development proposals avoid significant adverse
noise impacts on surrounding properties. 
7.11 Noise disturbance to local residents is a concern in the objections received. It
is contended in the submissions that significant noise disturbance occurs from
barking dogs and whistles to call dogs and that this results in significant adverse
impacts on residential amenity. It is further contended that noise disturbance
occurs every day over an extended period of time. The Council’s Environmental
Health Service have  advised  that Officers have visited the site on a number of

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occasions to inform the consultation response. The applicant did not submit a
noise impact assessment relating to the use of the site but no complaints
relating to noise from the site have been received by Environmental Health and
they do not highlight that such an assessment is required to inform the
consideration of the application. It is recommended that the operation of the site
be restricted to 8am to 9pm daily. In assessing the planning application, the site
has also been visited by Planning Officers on a number of occasions. The site
is located adjacent to Glasgow Road which is an extremely busy road. This
results in significant road noise which is the dominant noise source in the
locality. This is also highlighted by the applicant in the supporting statement
which contends that barking noise from the use of the  fields for dog activities
being minimal. Whilst it is accepted that dogs by their very nature will bark, little
barking has been noted during site visits and no objection has been received
from Environmental Health. Accordingly, it is not considered that the potential
for noise disturbance can be held to be so significant as to justify the refusal of
planning permission. 
7.12 The objections also raise concerns regarding the number of dogs within the
fields exceeding the numbers that the applicant specifies on their booking
website. Whilst nothing has been submitted to quantify this, in the supporting
statement the applicant acknowledges that an instance of a large number of
dogs being brought onto site was raised and this matter was addressed with
the customer in question. Whilst not a mitigation requirement identified by
Environmental Health in their consultation response, the application is
considered on the basis of the current operation of the site. It is therefore
considered that in addition to controlling the hours of use in accordance with
the advice from Environmental Health, the number of dogs using the fields at
any one time should also be restricted by condition. This will ensure that
numbers do not increase in the future and an excessive number of dogs which
may result in noise disturbance occurring are not on site. Whilst barking dogs
at other existing premises are highlighted in the objections, no concerns
regarding a cumulative effect are highlighted by Environmental Health. East
Dunbartonshire Council note that the nearest residential property within East
Dunbartonshire is around 400 metres from the site and offer no objection on
the grounds of noise disturbance. 
7.13  In further considering residential amenity, the objections also raise the refusal
of a similar planning application nearby on Cochno Road to the northwest of
the site. This application was considered by East Dunbartonshire Council and
was very different in scale and nature. The proposal included a dog day care
centre in a former stable building, an arena building being converted to boarding
kennels, a dog grooming salon, fitness studio, stables, and dog exercise fields.
It is indicated that the dog day care would allow for 50 dogs per day and the
exercise fields would allow 10 dogs per half hour booking. The number of dogs
boarding was not specified. In refusing planning permission the Council was
concerned that the dog day care, dog boarding kennels, pet grooming parlour
and dog runs/walking area would cause unacceptable disturbance to
neighbouring residents. Whilst previous planning decisions can be a material
planning consideration, each planning application requires to be considered on
its own merits. It is considered that the characteristics of the proposal refused

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by East Dunbartonshire Council are different to the proposal currently being
considered. Notably, a larger number of dogs would be on site and the dog day
care and dog boarding elements of the use would result in potential for
significant disturbance throughout the day and night. Whilst noting the nearby
planning decision, it is not considered that the proposal is directly comparable.
7.14 In the submitted objections, concerns regarding odour are also raised.
Environmental Health do not highlight any concerns in this respect. The
applicant advises that users are required to put all dog waste and litter in the
bins provided and that a private waste contractor empties bins a minimum of
once a week. Environmental Health raise no concerns regarding the applicant’s
arrangement for removing dog waste from the site. 
Access, Parking, Road Safety and Sustainable Travel 
7.15  The site is accessed via the existing access track from the steading to
Duntochar Road and the Roads Service offer no objections in respect of the
access arrangement. The parking area allows for the parking of six cars with
additional space available at the entrance to two of the fields. Again, no
objections are offered by the Council’s Road Service on this arrangement.  The
objections highlight road safety concerns from escaping dogs, noting that
instances of dogs jumping certain parts of the fence. The fence is 1650mm high
at the lowest point and nothing has been advanced to evidence that dogs have
jumped the fence. In  any case, the Council’s Roads Service does not raise any
concerns in this respect. 
7.16 The site is within an edge of settlement location and it is accepted that due to
the nature of the use, customers will likely travel to the site by private vehicle.
Information from the applicant on customer postcodes confirms that whilst
many customers are located within the Clydebank Area, many also travel from
areas within East Dunbartonshire and Glasgow City. Notwithstanding this, the
scale and nature of the use means that it  is not considered, however, that it
would be one that would be significant travel generating. Bus stops lie adjacent
to the site with frequent services to a range of destinations, although it is
accepted that due to the nature of the use customers would be unlikely to travel
to the site by bus. Being located adjacent to the settlement boundary, a large
number of residential properties also lie within a 10 minute walk (800 metres) of
the site. 
Other Considerations
7.17 The site lies within the Antonine Wall Buffer Zone. It is, however, on the very
northern edge of the Buffer Zone. The closest part of the site to the line of the
wall itself is some 460 metres distant. This, together with the topography,
landscape features, and minimal visual and physical impact of the development
within the landscape ensures that it is not visible from the line of the Antonine
Wall and has no impact on Wall or its setting. No notable ground disturbance is
proposed that would require archaeological matters to be considered. 
7.18 Concerns are raised in the objections regarding the impact on wildlife. Whilst
an ecological assessment has not been submitted, the application site
comprises land that was formally agricultural grazing land. There are no

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proposals to remove trees or hedgerows and no ecological concerns arise. It is
not considered that proposals for biodiversity enhancement are required at this
location.
Outstanding matters raised in representations
7.19 Turning to the outstanding points raised in the submitted representations which
have not been assessed above, procedurally, all neighbours within 20 metres
of the application site were notified and, additionally, a press advertisement was
placed in accordance with the requirement of the Town and Country Planning
(Development Management Procedure) (Scotland) Regulations 2013. Whilst
concerns regarding the retrospective nature of the application are shared, this
cannot be a determining factor in the application assessment. There is no
evidence  to suggest that the proposal would adversely impact on the mental
health of nearby residents and the use of the dog exercising fields  is likely to
improve the health and wellbeing of users both humans and dogs. Regarding
the lack of lighting on site, this is not something that has any bearing on the
acceptability of the proposal. Finally, whilst concerns are raised that dogs within
the application site will cause dogs within the wider residential area to bark,
causing disturbance within the residential area, this is not something that could
be quantified. 
8. CONCLUSION
8.1 The proposal comprises an outdoor recreational use which can be justified
within this Green Belt location and the proposal is not one which would result in
the unacceptable encroachment of the urban area into the Green Belt. The
proposal is also acceptable with regard to design, appearance and impact
within the landscape and no concerns arise regarding parking and road safety.
No concerns arise relating to ecology or the setting of the Antonine Wall. The
impact on residential amenity has been fully considered and, informed by site
visits and the consultation response from Environmental Health, it is not
considered that noise disturbance can justify refusal of planning permission.
Whilst the submitted objections are acknowledged, the proposal is acceptable
with reference to NPF4, the adopted Local Plan and proposed Local
Development Plan 2. 
9. CONDITIONS
1. The dog exercise fields hereby permitted shall not operate outwith the hours
of 8am to 9pm daily.
2. No more than 8 dogs shall be present in any of the three individual fields at
any time and no more than 24 dogs shall be present within the application
site as a whole at any time.

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Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 15th November 2023 
Person to Contact: Pamela Clifford, Planning,  Building Standards and
Environmental Health Manager
Pamela.Clifford@west-dunbarton.gov.uk
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. Representations
4. National Planning Framework 4
5. West Dunbartonshire Local Plan 2010
6. Proposed West Dunbartonshire Local Development Plan 2
2020, as amended
7. East Dunbartonshire Planning Application TP/ED/22/0861
Wards affected: Ward 4 (Kilpatrick)