Document Pack (Bookmarked) Planning 06 12 23
West Dunbartonshire Council · 6 December 2023
Back to Planning Committee — 6 December 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Agenda Planning Committee Date: Wednesday, 6 December 2023 ___________________________________________________________________ Time: 10.00 ___________________________________________________________________ Venue: Council Chambers, Clydebank Town Hall, 5 Hall Street, Clydebank G81 1UB _________________________________________________________________ Contact: Nicola Moorcroft, Committee Officer Email: nicola.moorcroft@west-dunbarton.gov.uk 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 Karen Murray Conaghan Councillor Ian Dickson Councillor Daniel Lennie Provost Douglas McAllister Councillor June McKay Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Date of Issue: 23 November 2023 Page 2
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PLANNING COMMITTEE WEDNESDAY, 6 DECEMBER 2023 AGENDA 1 APOLOGIES 2 DECLARATIONS OF INTEREST Members are invited to declare if they have any interests in 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 - 11 Submit for approval, as a correct record, the Minutes of Meeting of the Planning Committee held on 15 November 2023. 5 NOTE OF SITE VISITATIONS 13 Submit, for information, Note of Site Visitations carried out on 13 November 2023. 6 LOCAL DEVELOPMENT PLAN AND LOCAL PLACE 15 - 47 PLAN UPDATE Submit report by Planning, Building Standards and Environmental Health Manager, seeking approval of the 2023 Development Plan Scheme and Participation Statement in relation to a new Local Development Plan (LDP3). 7 PLANNING PERFORMANCE FRAMEWORK 2022-23 49 - 56 Submit report by Planning, Building Standards and Environmental Health Manager, advising of the comments recently received from the Scottish Government regarding the Planning Performance Framework submitted by this Council for reporting year 2022-23. Page 3
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PLANNING COMMITTEE At a Meeting of the Planning Committee held in the Civic Space, Council Offices, 16 Church Street, Dumbarton, on Wednesday 15 November 2023 at 10.00 a.m. Present: Councillors Gurpreet Singh Johal, Daniel Lennie, June McKay, Lawrence O’Neill, Chris Pollock, Hazel Sorrell, and Sophie Traynor. Attending: Pamela Clifford, Planning, Building Standards and Environmental Health Manager; James McColl, Development Management Team Leader; Alan Williamson, Development Planning and Place Team Leader; Nigel Ettles, Section Head – Litigation (Legal Officer) and Nicola Moorcroft, Committee Officer. Apologies: Apologies for absence were intimated on behalf of Provost Douglas McAllister and Councillors Karen Murray Conaghan and Ian Dickson. Also attending: Mr R Ritchie (Run Free Dog Fields Ltd.), Mr R Kennedy (Bho Nadar (Dunclutha) Ltd.) and Mr P Clark (Clark Design Architecture). Councillor Lawrence O’Neill in the Chair DECLARATIONS OF INTEREST It was noted that there were no declarations of interest in any of the items of business on the agenda. 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 11 October 2023 were submitted and approved as a correct record. ITEM 4 Page 5
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PLANNING APPLICATIONS Reports were submitted by the Planning, Building Standards and Environmental Health Manager – in respect of the following Planning applications:- (a) DC23/012/FUL: Change of use from agricultural land to 3 dog exercise fields, erection of boundary fencing and erection of 3 shelters (Retrospective) at Lawmuir Farm, Glasgow Road, Hardgate, Clydebank G81 5QT by Run Free Dog Fields Ltd. Reference was made to a site visit, which had been undertaken in respect of the above application. The Development Management Team Leader was heard in further explanation, and in answer to Members’ questions. The Chair invited Mr Robert Ritchie (on behalf of Run Free Dog Fields Ltd.) to address the Committee. Mr Ritchie was heard in respect of the application and in answer to Members’ questions. After discussion, the Committee agreed to grant planning permission subject to the conditions set out in Section 9 of the report, as detailed within Appendix 1 hereto. (b) DC22/216/FUL: Erection of three dwellinghouses and associated works at Former Site of Dunclutha, Parkhall Road, Clydebank by Bho Nadar (Dunclutha) Ltd. Reference was made to a site visit, which had been undertaken in respect of the above application. The Development Management Team Leader was heard in further explanation, and in answer to Members’ questions. The Chair invited Mr R Kennedy (Bho Nadar (Dunclutha) Ltd) to address the Committee. Mr Kennedy was heard in respect of the application and in answer to Members’ questions. After discussion, the Committee agreed to grant planning permission subject to the conditions set out in Section 9 of the report, as detailed within Appendix 2 hereto. DEVELOPER CONTRIBUTIONS A report was submitted by the Planning, Building Standards and Environmental Health Manager, providing an update on the current balance of the Developer Contribution account. After discussion and having heard the Development Planning and Place Team Leader in further explanation and in answer to Members’ questions, the Committee agreed to note the current balance of the Developer Contribution account and the funding from the account which is already allocated. Page 6
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DUMBUCK HOTEL, DUMBARTON A report was submitted by the Planning, Building Standards and Environmental Health Manager, advising on a decision by Historic Environment Scotland to remove the listed building status from the Dumbuck Hotel, Dumbarton. After discussion and having heard the Planning and Building Standards and Environmental Health Manager and the Development Planning and Place Team Leader in further explanation and in answer to Members’ questions, the Committee agreed:- (1) to note the content of the report; and (2) to authorise the Planning, Building Standards and Environmental Health Manager to write, on behalf of the Planning Committee, to the Chief Executive of Historic Environment Scotland and the Minster for Culture, Europe and International Development, to express the disappointment at the decision and how local interest and opinions appear to have been overlooked. The meeting closed at 11.05 a.m. Page 7
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APPENDIX 1 DC23/012/FUL: Change of use from agricultural land to 3 dog exercise fields, erection of boundary fencing and erection of 3 shelters (Retrospective) at Lawmuir Farm, Glasgow Road, Hardgate, Clydebank G81 5QT by Run Free Dog Fields Ltd. GRANT full planning permission subject to the following 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. Page 8
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APPENDIX 2 DC22/216/FUL: Erection of three dwellinghouses and associated works at Former Site of Dunclutha, Parkhall Road, Clydebank by Bho Nadar (Dunclutha) Ltd. GRANT full planning permission subject to the following conditions:- 1. Prior to the commencement of development on site, exact details, specifications and samples of all proposed external materials to be used within the development site inclusive of hard surfaces 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 accordance with the approved material details and palette. 2. Notwithstanding the approved plans, all recommendations within the Ecological Constraints Survey dated 15th April 2022 shall be followed. This shall include (but not be limited to) all required further survey work identified as being required for badgers. Further survey work undertaken shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site and implemented as approved. For the avoidance of doubt, recommendations in respect of non-native species shall also be followed. 3. Notwithstanding condition 3, no removal of trees and vegetation shall take place during the bird nesting season March to September inclusive as identified in the Ecological Constraints Survey dated 15th April 2022 unless first agreed in writing by the Planning Authority. 4. Notwithstanding the approved plans and condition 3 above, and prior to the commencement of works on site, a further submission which sets out how the biodiversity enhancement measures identified within the Ecological Constraints Survey dated 15th April 2022 shall be implemented on site shall be submitted to and approved in writing by the Planning Authority. All measures shall then be implemented as approved. 5. No trees shall be removed within the site beyond those specifically identified for removal on the approved plans. Any additional tree removal during construction works shall first require to be agreed in writing by the Planning Authority. 6. That prior to the commencement of works on site, tree protection measures for all trees to be retained both within or adjacent to the application site shall be erected in accordance with British Standards Recommendations for trees in Relation to Construction, currently BS 5837:2012, with evidence of this having been undertaken submitted to and agreed in writing by the Planning Authority. These measures shall not remove during the course of construction work. Page 9
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7. That unless otherwise agreed in writing by the Planning Authority, prior to the commencement of works on site full details of compensatory tree planting within the site shall be submitted to and approved in writing. For the avoidance of doubt these details shall include the timescale for implementation. All complementary planting shall be implemented as approved. 8. That full details of maintenance and management for the retained woodland areas within the application site but not within individual plots shall be submitted to and approved in writing by the Planning Authority prior to the occupation of the first dwellinghouse hereby permitted. Management and maintenance shall commence upon occupation of the first dwellinghouse. 9. That prior to the occupation of any house, the off-street parking provision 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. 10. That prior to the commencement of works on site, full details of the proposed drainage regime 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. 11. That all surface water shall be intercepted within the site both during construction and on completion of the development and full details of measures to ensure that surface water run-off is contained within the site shall be submitted to and approved in writing by the Planning Authority prior to the commencement of any works on site. The measures shall be implemented and maintained as approved. 12. Prior to the commencement of works on site, full details of the incorporation of low and zero carbon infrastructure into the development together with the provision for electric vehicle charging shall be submitted to and approved in writing by the Planning Authority. Works shall then proceed as approved. 13. Prior to the occupation of the first house within the site, 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. Page 10
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14. 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 15. Unless otherwise approved in writing by this Authority, no development shall commence on site until such time as a scheme for the control and mitigation of dust has been submitted to and approved in writing by this Authority. The scheme shall identify likely sources of dust arising from the development or its construction, and shall identify measures to prevent or limit the occurrence and impact of such dust. The approved scheme shall thereafter be implemented fully prior to any of the identified dust generating activities commencing on site and shall be maintained thereafter, unless otherwise approved by this Authority. 16. No commercial vehicle making deliveries to or collecting material from the development shall enter or leave the site before 0800 or after 1800. 17. The presence of any previously unexpected contamination that becomes evident during the development of the site shall be reported to the Planning Authority in writing within one week, and work on the site shall cease. At this stage, if requested by the Planning Authority, an appropriate investigation and risk assessment shall be undertaken and a remediation scheme shall be submitted to and approved by the Planning Authority prior to the recommencement of site works. The approved details shall be implemented as approved. 18. If there is a requirement to either re-use site won material or to import material then the assessment criteria and sampling frequency that would adequately demonstrate its suitability for use shall be submitted to and approved by the Planning Authority prior to any material being used. In addition to this and in accordance with BS3882:2015 and BS8601:2013, material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours. 19. On completion of the works and at a time and/or phasing agreed by the Planning Authority, the developer shall submit a verification report containing details of the source of the material and appropriate test results to demonstrate its suitability for use which shall be agreed by the Planning Authority. Page 11
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PLANNING COMMITTEE NOTE OF VISITATIONS – 13 NOVEMBER 2023 Present: Councillors Chris Pollock and Sophie Traynor Attending: James McColl - Development Management Team Leader SITE VISITS Site visits were undertaken in connection with the undernoted planning applications:- Lawmuir Farm, Glasgow Road, Hardgate, Clydebank G81 5QT DC23/012/FUL: Change of use from agricultural land to 3 dog exercise fields, erection of boundary fencing and erection of 3 shelters (Retrospective) Former Site of Dunclutha, Parkhall Road, Clydebank DC22/216/FUL: Erection of three dwelling houses and associated works. ITEM 5 Page 13
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WEST DUNBARTONSHIRE COUNCIL Report by the Planning, Building Standards and Environmental Health Manager Planning Committee: 6th December 2023 ___________________________________________________________________ Subject: Local Development Plan and Local Place Plan Update 1. Purpose 1.1 The purpose of this report is to seek approval of the 2023 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 approves the Development Plan Scheme and Participation Statement set out in Appendix 1 and note that once approved it will be submitted to the Scottish Ministers. 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 Development Plan Scheme 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. 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. 3.2 The Planning (Scotland) Act 2019 includes provision for local communities to prepare Local Plan Plans. Local Place Plans are community led plans which set out proposals for the development and use of land. A Local Place Plan, must be prepared by a Community Council or another Community Controlled Body, as defined by the Community Empowerment Act. Planning authorities are required to issue an invitation to communities to prepare Local Place Plans, and once prepared planning authorities are required to validate and maintain a register of Local Place Plans. ITEM 6 Page 15
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4. Main Issues Development Plan Scheme and Participation Statement 4.1 The 20 September 2023 Planning Committee approved a consultation draft version of the Development Plan Scheme and Participation Statement. This was published on 22 September 2023 with the consultation period running until 17 November 2023. 4.2 By way of consultation, an email or letter advising of the draft Development Plan Scheme and Participation Statement was sent to 400+ individuals or organisations that the Council have registered as having an interest in the Local Development Plan process. A copy of the draft Development Plan Scheme and Participation Statement was also made available online, and copies were made available in the Council offices in Church Street, Dumbarton and in Council libraries. All active community councils were contacted offering a visit by officers to explain the Local Development Plan process and encourage engagement. This was taken up by four community councils (Bonhill and Dalmonach, Dumbarton East and Central, Linnvale and Drumry, and Old Kilpatrick) and the community action group in Dumbarton West. The offer remains open to the other community councils and other community groups. An officer also attended a meeting with Dennystoun Forge residents to discuss their involvement in the process. Internal discussions have taken place with the Council’s Communities and Performance and Strategy teams with regard to engagement with children and young people, older people, disabled people, and minority groups, and also with regard to making use of the Council’s Citizens Panel. 4.3 Fourteen consultation responses were received to the draft Development Plan Scheme and Participation Statement. These were from 3 West Dunbartonshire residents, the Dumbarton Stations Improvement Trust, Springfield Properties, Glen Etive Projects, CALA Homes, Scotways, Homes for Scotland, Paths for All, Historic Environment Scotland, Scottish Environment Protection Agency, The Coal Authority, and Nature Scot. Points raised in the consultation responses included: • The majority of responses indicated that the Development Plan Scheme clearly explains what the development plan is and the current development plan/planning guidance coverage in West Dunbartonshire. There was a suggestion from one respondent that the development plan coverage map could be made clearer. • The majority of responses indicated that the Development Plan Scheme clearly explained the key stages in preparing a new development plan. One response felt this section should explain why it has taken this long to get to this stage. Another response requested an explanation of the purpose of the Strategic Environmental Assessment and Habitat Regulations Appraisal. Some responses stated uncertainty as to when comments can be made on specific topics and proposals, such as development sites, green belt and built heritage. • The majority of responses indicated that the timeline for preparing the local development plan seemed reasonable. One response indicated that the Page 16
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amount of time being proposed for preparing the Evidence Report was excessive (the proposed timeline is submission for Gate Check in December 2024). Another response queried why the plan process takes so long. • Some responses indicated that it wasn’t clear when comments on specific topics (e.g. green belt, historic environment) and specific proposals of the Plan could be made. • Some responses highlighted the importance of a ‘call for sites’ stage and engagement on the development of site assessment methodology. • Some responses indicated uncertainty about what a Local Place Plan is. • One response commented on supplementary planning guidance not being referenced in relation to the new local development plan. • Responses suggested that the involvement of the following groups/organisation be referenced in the Participation Statement: groups with an interest in built heritage and safe/sustainable access; developers; Chamber of Commerce; Homes for Scotland; landowners; and equestrian community. • Suggested use of topic papers and expert/focus groups at Evidence Report stage. • Importance of the housebuilding industry and engaging with it, and providing a deliverable housing land pipeline. Need for primary research to identify the true need and demand for housing. • Open day sessions at evenings and weekends. Improvements in communications required. • Concern about the effectiveness of notifying the owner/lessee/occupier of land affected by a development proposal at the Proposed Plan stage. • Concerns expressed about the environment in the Dalmuir area. 4.4 The finalised 2023 Development Plan Scheme and Participation Statement is attached for approval at Appendix 1. Key points to note in relation to the finalised version and in response to comments received to the draft document are: • The proposed timeline for preparing the next Local Development Plan (LDP3) remains as set out in draft Development Plan Scheme approved by the September 2023 Planning Committee (see table below). • The development plan coverage map has been made clearer by using thicker boundaries and adding shading. • Wording has been added to the description of the Proposed Plan stage to explain that it is at this stage that representations can be submitted on specific topics and development sites. • A description and explanation of the purpose has been added to the section setting out the different assessments that will inform the Local Development Plan • Adding a link to the Council’s Local Place Plan webpage. • A reference to preparing Planning Guidance has been added. • An update on engagement activity up to December 2023 has been included. • At the Evidence Report stage, commitment included in relation to undertaking a ‘Call for Evidence’, publishing topic papers, and forming focus groups. Commitment stated with regard to engaging with businesses and developers, Page 17
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and local interest groups e.g. equestrian, built/natural environment and minority groups. • Collaborative approach to developing site assessment methodology. With regard to participation, most of the changes made relate to the Evidence Report stage as there will be an opportunity to revise the Participation Statement again prior to the Proposed Plan stage of the plan preparation process. Action Proposed timeline 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) 4.5 If approved, the 2023 Development Plan Scheme and Participation Statement will be submitted to the Scottish Ministers in line with statutory requirements. Local Place Plans 4.6 The invitation to prepare Local Place Plans was issued to organisations and individuals in the Local Development Plan participant database on 16 October 2023. A public notice was also placed in the Clydebank Post and Lennox Herald on 25 October and 31 October respectively. A Local Place Plan webpage has also been created at https://www.west- dunbarton.gov.uk/council/key-council-documents/local-development- planning/local-place-plans. The preparation of Local Place Plans has also been promoted at the community council visits referred to in paragraph 4.2. In addition, the Council has appointed Planning Aid Scotland to prepare a West Dunbartonshire focussed ‘How-to’ guide to encourage and assist local communities to prepare a Local Place Plan. 4.7 To date, Old Kilpatrick Community Council and the community in Dumbarton West (via the Corra Foundation) have expressed an interest in preparing a Local Place Plan. Previous community engagement in Dumbarton East and Alexandria also indicated interest in preparing a Local Place Plan. Kilmaronock Community Council has produced a draft Local Place Plan in response to the National Park Authority invitation to prepare Local Place Plans. Whilst the majority of the population of Kilmaronock Community Council live in Gartocharn, which is in the National Park planning authority area, parts of the community council area do lie within the West Dunbartonshire planning authority area and the draft Local Place Plan covers these areas. If the finalised Local Place Plan covers part of the West Page 18
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Dunbartonshire planning authority area, it will be brought to the Planning Committee for validation. 4.8 Although they can be prepared at any time, West Dunbartonshire Council has advised that Local Place Plans should be submitted to the Council for validation by 30 June 2025 if they are to be taken into account in the preparation of the new Local Development Plan. 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 implications associated with this report. 7. Risk Analysis 7.1 By finalising the 2023 Development Plan Scheme and Participation Statement and submitting it to the Scottish Ministers, the Council is meeting its statutory requirements and setting out its timeline for preparing a new Local Development Plan. 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. The adopted Local Plan is over 13 years old with Local Development Plan 1 and Local Development Plan 2 have not been adopted. 7.2 As previously reported, 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. Also, as many planning authorities have similar timelines, there is a risk that there could be a delay in the Gate Check to be undertaken by the Directorate of Planning and Environmental Appeals. 8. Equalities Impact Assessment (EIA) 8.1 The Equality Impact Assessments for the Development Plan Scheme/Participation Statement and the Council’s approach to Local Place plans were reported to the 20 September 2023 Planning Committee. 9. Consultation 9.1 Details of the consultation on the draft Development Plan Scheme and Participation Statement are set out in paragraph 4.2. Community and other stakeholder engagement is an important part of the Local Development Plan process and the level of engagement being achieved will be regularly reviewed. Page 19
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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: 6th December 2023 ___________________________________________________________________ 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: Finalised 2023 Development Plan Scheme and Participation Statement Background Papers: None Wards Affected: All Page 20
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West Dunbartonshire Local Development Plan (LDP3) Development Plan Scheme and Participation Statement December 2023 ITEM 6 - APPENDIX 1 Page 21
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Development Plan Scheme Introduction Thank you for your interest in West Dunbartonshire’s Development Plan. This Development Plan Scheme explains what a Development Plan is. It sets out what Development Plans are currently active in West Dunbartonshire and provides an estimated timeline for the preparation of a new Local Development Plan for the West Dunbartonshire planning authority area. It includes a Participation Statement which sets out how the planning authority (part of the Council) will involve the community and other stakeholders in the preparation of the new Local Development Plan. What is the Development Plan? The purpose of the planning system is to manage development and the use of land in the long term public interest. Development and land use in Scotland is “plan led”, making the Development Plan an important document for decision making. It is a statutory plan used by planning authorities to make decisions about what development takes place and how land is used in their area. There are two main parts of the Development Plan. The first is the National Planning Framework. This is prepared by The Scottish Government, who formally adopted the Fourth National Planning Framework (NPF4) in February 2023. NPF4 sets a National Spatial Strategy for Scotland to 2045 identifying areas and types of development that are of national importance (National Developments) along with regional spatial priorities for five broad regions of Scotland. It also contains a set of policies used by planning authorities to make planning decisions (National Planning Policy). For more information, https://www.gov.scot/publications/national-planning-framework-4/ The second part of the Development Plan is the Local Development Plan, prepared by planning authorities. A Local Development Plan sets out how places will change, importantly identifying where and what development should and should not happen. It is a more detailed and specific plan for a local area which identifies infrastructure needs, allocates land for development, or for protection from inappropriate development. Local Development Plans can also contain policies which add greater detail or local context to policies in NPF4 or to address issues not addressed by NPF4. Page 22
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Current Development Plans and Planning Guidance covering West Dunbartonshire The West Dunbartonshire Council area is covered by two different planning authorities. The West Dunbartonshire Council planning authority area covers all of West Dunbartonshire with the exception of that area within the Loch Lomond and the Trossachs National Park, for which the Park Authority is the planning authority. The Park Authority prepares its own Local Development Plan and Development Plan Scheme which you can read more about at https://www.lochlomond-trossachs.org/planning/planning-guidance/. Figure 1: Local Development Plan areas in West Dunbartonshire West Dunbartonshire’s Development Plan consists of NPF4 and the West Dunbartonshire Local Plan (2010). In addition, the Council also uses the Proposed West Dunbartonshire Local Development Plan (2020, as modified) as a material consideration in planning decisions, but as it was not adopted it is not a part of the statutory Development Plan. 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. A list of current planning guidance documents is set out in Appendix 1. Page 23
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To view West Dunbartonshire Council’s current development plan and planning guidance documents, visit: Development Plan | West Dunbartonshire Council (west-dunbarton.gov.uk) Preparing a new Local Development Plan The Council has commenced preparation of a new Local Development Plan. This will be a ‘new style’ Local Development Plan, which will be prepared differently and have a different format, following changes introduced by the Planning (Scotland) Act 2019. The National Planning Framework (NPF4) now contains the detailed policy framework that was previously set out in old style local development plans. New style local development plans are expected to be place-based, people-centred and delivery-focused. With regard to format, this means that local development plans are expected to be place-based, 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 preparation of the new Plan will follow statutory processes set out in the Planning Act and associated Regulations and Guidance. The key stages are: 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. 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. Page 24
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Gate Check – the assessment of the Evidence Report by a Directorate and Environmental Appeals Reporter 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 Gate Check also provides an opportunity for the Reporter to consider and attempt to resolve disputes that may exist about the evidence submitted. 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. 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 other policy and strategy documents. The Proposed Plan is published for consultation. It is at this stage that representations can be submitted on the specific topics and proposals of the plan, for example on green belt, built heritage and proposed development sites. Proposed Plans can be modified following the consultation stage. 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. The Delivery Programme is 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. 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 be undertaken by a Reporter from the Directorate of Planning and Environmental Appeals. 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 modifications to the Plan. 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. Page 25
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The estimated timetable for the preparation of the new Local Development Plan is set out below. Legislation requires for this to be set out in financial year quarters but the Council has included estimated months to ease understanding of the timetable. Table 1: Local Development Plan (LDP3) timeline Action Estimated date Publication of finalised Development Plan Scheme and Participation Statement Quarter 3, 2023/24 (December 2023) Publication of Evidence Report and submission for Gate Check 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) The preparation of the new Local Development Plan will be supported and informed by a number of assessment documents that will be concurrently prepared. These are: Equalities Impact Assessment - The public sector equality duty stems from the Equality Act 2010 and places a duty on all public authorities to: eliminate discrimination, harassment and victimisation; advance equality of opportunity; and foster good relationships with people who share protected characteristics and those who do not. This assessment will outline how the council will meet this duty through the preparation and content of the Local Development Plan. Protected characteristics are age, disability, gender reassignment, sex (including pregnancy and maternity), race, religion and belief, and sexual orientation. The Equalities Impact Assessment will help the Council consider the effects of the plans proposals on different groups and meet the public sector equality duty. The assessment will also consider the potential effects on human rights. Fairer Scotland Duty Assessment - The Fairer Scotland Duty aims to ensure the public sector makes policy decisions to deliver fairer socio-economic outcomes. This assessment will help the council make a plan which contributes to reducing socio-economic inequality and deprivation. Page 26
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Strategic Environmental Assessment - The Strategic Environmental Assessment is a requirement of the Environmental Assessment (Scotland) Act 2005. Its purpose is to help the Council understand the potential environmental impacts of the plan and take steps to avoid, mitigate or reduce significant adverse environmental effects, where possible, or enhance positive ones. This will also help the Council to understand the environmental context of the area and consider how the plan can achieve better environmental outcomes. Child Rights and Wellbeing Impact Assessment - The Child Rights and Wellbeing Impact Assessment will help the council consider the plans effect on the rights and wellbeing of children and whether they are protected and advanced. Habitat Regulations Appraisal - The Habitat Regulation Appraisal is a requirement of The Conservation (Natural Habitats, &c.) Regulations 1994. Its purpose is to identify if the plan will be capable of having adverse effects on European sites, alone, or in combination with other plans. This will help the council identify impacts on internationally important habitat and take steps to avoid these impacts. Other Plans, Guidance and Strategies The Planning (Scotland) Act 2019 introduced the requirement for a number of other plan and strategy documents to inform and improve the planning system in Scotland. These are: Local Place Plans – these are community-led plans focused on the development and use of land in the area covered by the Plan. West Dunbartonshire Council will issue an invitation to communities to prepare Local Place Plans and will set out what assistance the Council can offer with their preparation. Once prepared, the Council will validate properly-prepared Local Place Plans and take them into account when preparing the Local Development Plan. Additional information on Local Place Plans can be found at https://www.west- dunbarton.gov.uk/council/key-council-documents/local-development-planning/local-place-plans/. The Council is preparing a Local Place Plans ‘How-to’ guide targeted at West Dunbartonshire communities. It will be available by March 2024. Regional Spatial Strategies – are to be produced by a planning authority, or jointly by a group of planning authorities, and will set out a long-term spatial strategy in respect of the strategic development of the area it covers. The West Dunbartonshire planning authority area is likely to be included within a Regional Spatial Strategy covering the Glasgow City-Region area. Page 27
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Local Place Plans and Regional Spatial Strategies will not be part of the Development Plan but will inform the content of the Local Development Plan. Planning Guidance – The Council may prepare non-statutory planning guidance to provide additional and detailed guidance on certain matters, for example on a specific topic or relating to a specific place. Open Space Strategy – planning authorities are required to prepare a strategy setting out a strategic framework of policies and proposals for the development, maintenance and use of green infrastructure, including open spaces and green networks. The strategy is to contain an audit of existing open space provision and an assessment of current and future requirements. The Council will consult on the findings of its audit and the Open Space Strategy. Play Sufficiency Assessment – planning authorities are required to assess the sufficiency of play opportunities for children in preparing the Evidence Report for the Local Development Plan. The Council will consult on its Play Sufficiency Assessment. (As at December 2023, West Dunbartonshire Council has almost completed the initial open space audit including the noting of locations of play opportunities.) Forestry and Woodland Strategy – planning authorities are to prepare a strategy which identifies woodlands of high nature conservation, and sets policies and proposals for the development of forestry and woodland, and the protection, enhancement and expansion of woodlands. The Council will consult on its Forestry and Woodland Strategy. Page 28
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Participation Statement The Scottish Government intends the preparation of the Local Development Plan to be a collaborative process. Local Development Plans are expected to be place based, people centred and delivery focused. The involvement of all stakeholders within the planning process will be required to achieve this, including: • local communities; • services within the council; • service providers, infrastructure providers and government agencies outside of the council (sometimes referred to as Key Agencies); • businesses and other organisations; and • developers and land and property owners. The Participation Statement sets out how we will achieve this by identifying who we will include, how we will keep them informed, how they will be included, what methods we will use to include people, and when engagement will take place. Who we will include Legislation requires planning authorities to involve the public at large in preparing a Local Development Plan, however there are also specific groups that planning authorities need to include, which are: • children and young people (those under the age of 25); • people with disabilities; • Gypsies and Travellers; and • Community Councils There are other groups that guidance states should be given support to engage with the Local Development Plan process including people with protected, as well as people from a range of socio- economic background. Page 29
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Children and Young People There will be three main ways we will include children and young people. We will: • engage with the Youth Parliament Representatives for the West Dunbartonshire Planning Area, • engage with the West Dunbartonshire Youth Council • engage with schools (including early education, primary, secondary, and special needs schools). We will also reach out to known youth groups in the area and ask if they are interested in engaging in the Local Development Plan process. People with disabilities There are a number of existing disability groups known to the council we will reach out to and request their input to the Local Development Plan process. We will also consider the barriers to engaging with people with disabilities and how to overcome them, to provide opportunities to fully engage. This will include providing information in an accessible format. Gypsies and Travellers We will approach existing contacts we have for Gypsy and Traveller communities to discuss their needs. Community Councils We will use existing channels of communications to contact active community councils. In areas where there are no active community councils we will seek the views of other active community groups in these areas How we will keep you informed We will keep the public up to date by publishing regular updates on the plan preparation milestones listed in the Local Development Plan Scheme. Updates will be published to the Council website, posted on social media, and circulated via a newsletter for those who wish to sign up to this. Page 30
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Some stages of plan preparation require us to advertise in local newspapers, including • inviting communities to make Local Place Plans • publishing the Proposed Local Development Plan • advertise the examination of the Local Development Plan • publishing a report of modifications to the Plan • the adoption of the Local Development Plan We will make key documents available in libraries at the appropriate times, including the Evidence Report and Proposed Local Development Plan. How we will involve and collaborate with you We will use a variety of methods to engage with specific groups as well as the public at large. We will hold public consultations to collect ideas for and views on proposals within the Local Development Plan, using online survey tools and public events. A survey of the Citizens Panel will collect information about places across West Dunbartonshire. Information about the Citizen’s Panel, including how to get involved, can be found here: Citizens Panel West Dunbartonshire Council (west-dunbarton.gov.uk) We will hold a ‘Call for Ideas’ consultation for communities, developers and landowners to identify sites for development and preservation, as well as other proposals for inclusion in the Local Development Plan. We will work directly with Community Councils and other local community groups to identify key issues and opportunities for their local area, and to work together on development briefs and masterplans. One of the most direct ways communities can influence the plan is by making a Local Place Plan. We have invited communities to make Local Place Plans and we will support communities with this process. The contents of Local Place Plans are decided by their community, and once completed and validated are considered when preparing the Local Development Plan. Page 31
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The tools, materials, and methods we will use to involve you A variety of tools and materials will be used to reach as many people as possible and to reduce barriers to participation as far as possible. Published information and the proposed plan will be provided in accessible formats. This will include information published online and in physical information left in public places. We will collect ideas and views using the Councils online survey platform ‘Survey 123’. The Place Standard tool will help us to collect and focus views about a place. The Place Standard asks people to score and provide commentary about different aspects of a place, such as where they live or work. This includes questions about green space, traffic and parking, access to services, and influence over decisions in their place. This will help us to identify the strengths and weaknesses of places in West Dunbartonshire. The tool will be used in a variety of formats, including: in online surveys; at meetings with specific groups, community councils, and community organisations; and at consultation events. Different versions of the tool will be used in specific context, such as the version for children and young people. Communities making local place plans will be encouraged to make use of the tool. More information on the tool can be found here: https://www.ourplace.scot/ The table below sets out the different stages of the Local Development Plan and, in more detail, the engagement activity that will be undertaken at each stage. It has been informed by the Scottish Government consultation draft guidance on ‘Effective Community Engagement in Local Development Planning’ (May 2023) and is based on the following levels of engagement: inform; consult; involve; collaborate; and empower. . Page 32
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Table 2: Local Development Plan (LDP3) engagement activity Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Evidence Gathering - early engagement and data collection Publication of Draft Development Plan Scheme and Participation Statement September> November 2023 Inform participants (existing and potential) of the publication of the Draft Development Plan Scheme Participation Statement and involve people and organisations by seeking and having regard to their views on the document. Publish document on the Council website and make copies of the document available in the Council headquarters and libraries. Include survey questions within document seeking views on format of document and participation techniques. Publish survey/form to allow people and organisations to register their interest in the Local Development Plan process. Meet with Community Councils and other community organisations to encourage participation in the Local Development Plan process and comments on the Draft Development Plan Scheme and Participation Participants notified and consultation on draft version held, running from 22 September to 17 November 2023. The draft Development Plan Scheme/Participation Statement was published on 22 September 2023. It was published online, emailed to registered participants and made available in local libraries. A survey/form to allow people/organisations to register interest in the Local Development Plan has been published and remains live. Ongoing. Meetings have been held with 4 community councils (Bonhill and Dalmonach, Dumbarton Page 33
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Statement. Engage with local anchor organisations to fill gaps where there are no community councils or other community organisations currently running. Engage with youth organisations and representatives on the best way to engage children and young people in the Local Development Plan process Engage with disability and carers community groups on the best ways to enable participation Engage Gypsies and Travellers groups on best ways to enable participation Contact known community groups/organisations (including those of protected characteristics) and West Dunbartonshire CVS to invite expression of interest in taking part in plan preparation, and for views on East and Central, Linnvale and Drumry, and Old Kilpatrick) and community representatives in Dumbarton West. Ongoing. Meetings have been held with staff within the Communities team to explore the best way of engaging with children and young people. Ongoing. Meetings have been held with the Council’s Performance and Strategy team to identify appropriate groups to engage with. Meeting held with the Dennystoun Forge residents’ group. Ongoing Page 34
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 how to engage Inform other Council services and Key Agencies of the proposed Local Development Plan timeline. Notified on 22 September 2023. Evidence Gathering - early engagement and data collection Issue invite to participate in Local Development Plan process September 2023 Inform participants in previous Local Development Plan process of new process and encourage registration and participation. Create online form to enable registration. Establish new Local Development Plan participant database. LDP2 participants informed of new LDP3 process and encouraged to register their interest. Online registration form created. 245 participants registered as at December 2023. Evidence Gathering - early engagement and data collection Invite communities to prepare Local Place Plans and support their preparation September 2023 (ongoing) Inform community organisations that they are invited to prepare a Local Place Plan, as means to involve communities in the preparation of the Local Development Plan. Empower communities to decide on the content of their Local Place Plans. Publish invitation to prepare Local Place Plans on the Council website and social media. Place posters in public buildings. Send direct invitation to groups who may have an interest in preparing a Local Place Plan, and promote through West Dunbartonshire CVS. Invitation to prepare a Local Place Plan issued on 16 October 2023 to community councils, other community groups and local residents on the participant database. Ongoing. Invitation issued on 16 October 2023, on Council webpage, by email to registered community groups and promoted on X. Page 35
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Advise community organisations of the type of Council support that will be available to them to prepare Local Place Plans. Meet with Community Councils and other community organisations to encourage preparation of Local Place Plans. Invitation and webpage advises of support available. Ongoing. As at December 2023, have met with 4 community councils and one community action group. Evidence Gathering - early engagement and data collection Publication of finalised Development Plan Scheme and Participation Statement December 2023 Inform of publication through website, social media, and direct communication with registered participants. Publish document on the Council website and make copies of the document available in the Council headquarters and libraries. Evidence Gathering - early engagement and data collection Preparation of Evidence Report September 2023>November 2024 Involve participants in the creation of the Evidence Report. Inform participants on how their views were sought and taken into account Issue a ‘Call for Evidence’ in relation to a range of relevant topics. Where appropriate publish topic papers to support the process of gathering evidence, identifying gaps in evidence, and areas on consensus/difference. If appropriate, Page 36
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 form focus groups to inform this process. Incorporate results of previous engagement exercises where relevant (e.g. Citizens Panel responses, previous planning consultations) Undertake Place Standard consultations to assess place quality and collect ideas for improvement. Distribute to general public online through website and social media. If possible, distribute to Citizens Panel. If requested, hold in-person sessions with community groups. Engage with children and young people through schools, Youth Council, Youth Parliament, and other young people's organisations. Use children’s/young persons’ versions of Place Standard Tool if this is supported by young persons’ groups. Engage people with disabilities, older people and carers through already established groups to identify issues for the Plan and to check and gather evidence. Page 37
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Engage with the Dennystoun Forge residents group to gather evidence on the requirement for improved/additional permanent Gypsy and Traveller accommodation in West Dunbartonshire. Use Housing Services officer to liaise with transient Gypsy and Traveller groups. Seek evidence from Key and Government Agencies, city-region organisations, Health and Social Care Partnership. Seek evidence from business and developer stakeholders through umbrella organisations such as Homes for Scotland, Scottish Property Federation and Chamber of Commerce, and also with individual businesses/developers where requested. Undertake a collaborative approach to developing site assessment methodology with input from Key Agencies, development industry and communities. Page 38
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Seek evidence from local interest groups for example local built/natural heritage groups, equestrian groups, ramblers/walkers. Evidence Gathering – Evidence Report Publication of Evidence Report and submission to Scottish Minister for Gate Check December 2024 Inform of publication of Evidence Report through website, social media and direct communication with registered participants. Publish document on the Council website and make copies of the document available in the Council headquarters and libraries. Evidence Gathering – Gate Check Gate Check December 2024> Spring 2025 The person appointed to undertake the Gate Check may consult with certain stakeholders either in writing or through a hearing. Plan Preparation – Proposed Plan Preparation of Proposed Local Development Plan and Draft Delivery Programme January 2024> December 2025 Involve and collaborate with participants in the preparation of the Proposed Local Development Plan. Undertake a ‘Call for Ideas’ consultation. Promote this through an online survey, making use of mapping tools if available, and face-to-face events with community councils and other community groups. The ‘Call for Ideas’ will also provide land and property owners and the development Page 39
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 industry the opportunity to suggest sites for development. Hold discussions with groups that have prepared or are preparing Local Place Plans to consider how the Proposed plan can deliver or reflect the content and aspirations of Local Place Plans. Develop masterplans and site briefs with communities, developers, landowners and key agencies and share potential content of the Proposed Plan as it becomes available allowing participants the chance to influence it before it is formally published in the Proposed Plan. Identify potential areas of conflict and make use of mediation if this is likely to help resolve or reduce dispute between different parties. Liaise with organisations who will be identified for the delivery of actions set out in the Draft Delivery Programme. Page 40
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Plan Preparation - Consultation Consultation on Proposed Local Development Plan and Draft Delivery Programme January 2026> March 2026 Inform participants of the publication of the Proposed Local Development Plan and Draft Delivery Programme and consult with them on its content. Publish notice in local newspaper and on Council website informing that the Proposed Local Development Plan and Draft Delivery Programme has been published Publish documents on the Council website and make copies of the document available in the Council headquarters and libraries. Notify the owner, lessee or occupiers of sites and neighbouring land that may be affected by development proposals set out in the Plan. Meet with Community Councils and other community organisations to encourage participation in the Proposed Local Development Plan consultation process. Plan Preparation - Consultation Modify Proposed Local Development April 2026> October 2026 Inform communities of modifications made in response to representations made on the Proposed Plan. Page 41
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Plan following consultation Plan Preparation - Examination Preparation of ‘Summary of Unresolved Issues’’ April 2026> October 2026 Although there is no formal engagement at this stage of the process, the Council may make use of mediation if this is likely to help resolve or reduce dispute between different parties. Plan Preparation - Examination Submission of Proposed Local Development Plan for Examination October 2026 Inform anyone who made representations on the Proposed Plan about the upcoming Examination and also advertise the Examination in a local newspaper, in local public libraries, and on Council website and social media. Plan Preparation - Examination Examination October 2026>June 2027 The person appointed to undertake the Examination may consult with stakeholders to seek further information on a submitted representation. The appointed person will publish the Examination Report and notify anyone who made an unresolved representation. Delivery – Adopted Plan Adopt the Local Development Plan September 2027 Inform participants of the adoption of the Local Development Plan. Page 42
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Local Development Plan Preparation Stage Activity Timescale Engagement Activity Progress at December 2023 Publish the adopted Local Development Plan on the Council website and make copies available in local public libraries. Notify participants, including those who made a representation on the Proposed Local Development Plan or Examination. Place an advertisement in a local newspaper stating where the adopted Plan can be viewed. Delivery - Delivery Programme Publish the Delivery Programme December 2027 Inform participants of the publication of the Delivery Programme. Publish the Delivery Programme on the Council website and make copies available in local public libraries Delivery - Monitoring and Delivery Publish information on monitoring and delivery Ongoing Publish an updated Delivery Programme at least every two years and make available on Council website and local public libraries. Publish annual land use survey information on Council website. Page 43
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Impact assessments The preparation of the Local Development Plan is to be supported and informed by a number of assessment documents. These documents have engagement requirements, which are summarised in the table below which has been lifted from the consultation draft Scottish Government guidance on Effective Community Engagement in Local Development Planning. Table 3: Local Development Plan (LDP3) impact assessments Assessment Level Engagement needs and timing Strategic Environmental Assessment Inform Consult Legal requirement for ‘early and effective’ public engagement. Engagement is focused on the Environmental Report consultation, but earlier engagement is recommended. A Post Adoption Statement is prepared, published and advertised to inform people about how the assessment findings and comments received on the proposed plan and Environmental Report have been taken into account. Habitat Regulations Appraisal Inform No requirement for public engagement. Report to be published at the proposed plan stage to inform people of the appraisal. Public Sector Equality Duty Assessment Inform Involve The timing of the publication of the assessment could usefully be set out in the Development Plan Scheme. Proportionate involvement is needed throughout the process, from the early preparation stage to its delivery. The planning authority should publish the assessment findings on their website to inform stakeholders about it. Legally the results should be published within a reasonable period, and guidance suggests this should be as soon as possible after the decision to implement (adopt) the policy is taken. Fairer Scotland Duty Assessment Inform Involve It is important to involve relevant communities through the stages of assessment. The assessment should be published to inform people about how socio-economic disadvantage is being considered. Page 44
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Contact and follow us The Development Planning and Place team can be contacted: • By e-mail at ldp@west-dunbarton.gov.uk • By telephone on 0141 951 7930 • In writing to Development Planning & Place team, Planning & Building Standards, 16 Church Street, Dumbarton, G82 1QL • You can follow us on Twitter/X - @wdcplanning • Please register your interest in the Local Development Plan process at: https://arcg.is/5WeK0 Page 45
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Appendix 1 – Planning Guidance and other useful information Planning Guidance Other information LDP2 Planning Guidance ▪ Antonine Wall, 2022 ▪ Clydebank Business Park Planning Guidance, 2023 (Draft) ▪ Creating Places, 2022 ▪ Green Network & Green Infrastructure, 2022 Other Planning Guidance ▪ Clydebank Town Centre Development Framework, 2021 ▪ Commuted Payments for Parking 2015 ▪ Dumbarton Waterfront Path Planning Guidance, 2017 ▪ Pay Day Lending & Betting Shops, 2016 ▪ Renewable Energy, 2016 ▪ Queens Quay Design Codes, 2020 Developer Contributions ▪ Procedure for monitoring, requesting and allocating developer contributions (2022) ▪ Allocation of green network developer contributions (2022) Other Useful Information ▪ Alexandria Streetscape Design Guide, 2007 ▪ Alexandria Town Centre Masterplan, 2008 ▪ Alexandria Town Centre Masterplan, 2021 ▪ Balloch Charrette Report, 2016 ▪ Bowling Basin Charrette Report 2014 ▪ Clyde Riverside Masterplan, 2000 ▪ Clydebank Design Guidelines (Page and Park), 2003 ▪ Clydebank Town Centre Charrette report, 2015 ▪ Dumbarton Town Centre Public Realm Design Guide, 2001 ▪ Dumbarton Town Centre & Waterfront – Revised Urban Strategy, 2014 ▪ Dumbarton Rock & Castle Charrette Report, 2015 ▪ Kilpatrick Hills Local Landscape Area: Statement of Importance, 2015 Page 46
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This document is also available in other languages, large print and audio format on request. Arabic Hindi Punjabi Urdu Chinese (Cantonese) Polish British Sign Language BSL users can contact us via contactSCOTLAND-BSL, the on-line British Sign Language interpreting service. ( 01389 737527 * West Dunbartonshire Council, 16 Church Street, Dumbarton, G82 1QL : communications@west-dunbarton.gov.uk Page 47
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WEST DUNBARTONSHIRE COUNCIL Report by the Planning, Building Standards and Environmental Health Manager Planning Committee: 6th December 2023 Subject: Planning Performance Framework 2022-23 1. Purpose 1.1 To inform the Committee of the comments recently received from the Scottish Government regarding the Planning Performance Framework submitted by this Council for reporting year 2022-23. 2. Recommendations 2.1 That the Committee notes the content of this report and the comments received from the Scottish Government. 3. Background 3.1 The annual Planning Performance Framework (PPF) was submitted to the Scottish Government at the end of July 2023 and feedback was received in October 2023. The Scottish Government have assessed the Planning Performance Framework against a set of performance markers and it is seen as a measure of continuous improvement. The performance markers give an indication of good performance, good practice and help to identify priority areas for improvement action. This year the Council was paired with Glasgow City Council for the peer review of the reports. An initial meeting took place prior to the writing of the PPF but the peer review is still to take place post submitting the PPF. 4. Main Issues 4.1 The PPF report outlined our performance and demonstrated our achievements, actions and improvements in 2022-23. The Planning Performance Framework was presented again in an online storymap format (https://storymaps.arcgis.com/collections/2c5f79e525ba4c169e1e40f6ba2471 4e). The general format of the report remained around defining and measuring a high quality planning service and it was assessed through quality of outcomes, quality of service and engagement, governance and culture of continuous improvement. The Framework report included case studies in order to showcase good performance, good practice and the use of innovative ideas. 4.2 The Minister for Local Government, Empowerment and Planning Mr Joe Fitzpatrick in the feedback report recognises that the performance against the ITEM 7 Page 49
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key markers continues to be stable compared to previous periods. It was recognised that it takes a considerable effort to ensure the planning system continues to run efficiently. He recognised that resourcing remains a key priority and there is a need for options that work for all sectors including full cost recovery, local setting of fees, charges for additional services and approaches which could enable authorities to access skills and expertise at the time they require. A National Planning Improvement Co-ordinator, Craig McLaren, has been recently appointed and he will play a pivotal role in supporting improvement and will look at how we can improve the way we measure and assess the performance of the planning system in the future. The National Planning Improvement Co-ordinator will be reviewing the format of the Planning Performance Framework reports. 4.3 The assessment of the annual Planning Performance Framework is based on performance markers which are rated green, amber or red. These ratings are based on the evidence provided within the Planning Performance Framework reports. Where no information or insufficient evidence has been provided a ‘red’ marking has been allocated. This year the Council received 10 green performance markers, 2 amber markers and 1 red marker compared to the previous year of 14 green performance markers, 0 amber markers and only 1 red marker (one marker was not considered this year). The feedback report is contained in Appendix 1. Green performance markers were received this year for processing agreements, early collaboration with applicants and consultees, legal agreements, enforcement charter, continuous improvement, Development Plan Scheme, regular and proportionate policy advice, corporate working across services, the conclusion of legacy cases and sharing good practice, skills and knowledge. Two Amber markings were given for decision making timescales and developer contributions. The timescales for dealing with major applications of 13.4 weeks is slower than the previous year (9.6 weeks), however much faster than the Scottish average of 39.5 weeks. The average timescales of 13.1 weeks for local applications was very slightly slower than the previous year (13 weeks) but faster than the Scottish average of 14.4 weeks, and the average timescales for householder applications of 9.8 weeks is slower than the previous year (8.6 weeks) and is slower than the Scottish average of 8.9 weeks. Good progress was made regarding the range of service improvement commitments identified for the 2022-23 reporting year, with a further 10 commitments for the next reporting year set out along with clear reasoning and benefit in carrying out each one. Developer contributions received an amber marking this year rather than a green marker as it was unclear from the PPF report how developer contributions are set out during the pre-application stage. 4.4 The one red marker was for the Local Development Plan which was adopted in 2010. It was noted however the next Local Development Plan was to be adopted in 2020 however that was delayed but now formally will not be adopted due to a Scottish Minsters Direction. Work has started on a new Local Development Plan and this was set out in the Development Plan Scheme. Page 50
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5. People Implications 5.1 There are no personnel issues associated with this report. 6. Financial and Procurement Implications 6.1 None. 7. Risk Analysis 7.1 There are no risk issues. 8. Equalities Impact Assessment (EIA) 8.1 It is not considered that the report or recommendations raise any equalities issues. 8.2 None. 9. Consultation 9.1 No consultation was necessary for the preparation of this report. 10. Strategic Assessment 10.1 The content of this report fully supports the Council’s Strategic Priorities. Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 6th December 2023 Person to Contact: Pamela Clifford, Planning & Building Standards Manager, Email: pamela.clifford@west-dunbarton.gov.uk Appendices: Appendix 1: Performance Markers Report 2022-23 Background Papers: West Dunbartonshire Council Planning Performance Framework 2022-23: https://storymaps.arcgis.com/collections/2c5f79e525ba4c 169e1e40f6ba24714e Wards Affected: All Page 51
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Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot Minister for Local Government Empowerment and Planning Ministear airson Cumhachdachadh is Dealbhachadh Riaghaltas Ionadail Joe FitzPatrick MSP Joe Mac Giolla Phádraig BPA T: 0300 244 4000 E: scottish.ministers@gov.scot Peter Hessett Chief Executive West Dunbartonshire Council ___ 20 October 2023 Dear Peter Hessett, I am pleased to enclose feedback on your authority’s twelfth Planning Performance Framework (PPF) Report, for the period April 2022 to March 2023. Across the country, performance against the key markers continues to be stable and there has been little variation in the overall total of green, amber and red markings awarded this reporting period compared with previous periods. It is clear that each of you continue to put in considerable effort to ensuring our planning system continues to run efficiently. I have been particularly pleased to see there has been a marked improvement on speed of determination for major applications across some authorities. Resourcing remains a key priority which I will continue to discuss with the High Level Group on Planning Performance, which I jointly chair with COSLA. I also have asked officials to bring different parties together to talk about resourcing in the autumn, to identify practical solutions. We need options that work for all sectors, and I think it would be really beneficial to discuss a variety of issues including full cost recovery, the local setting of fees, charges for additional services and approaches which could enable authorities to access the skills and expertise at the time they require. Finally, I am delighted that we have recently announced the appointment of the National Planning Improvement Champion (NPIC), Craig McLaren, who took up this new post in early September. Craig will play a pivotal role in supporting improvement and will also be looking at how we can improve the way we measure and assess the performance of the planning system in the future. If you would like to discuss any of the markings awarded below, please contact us at chief.planner@gov.scot and a member of the team will be happy to discuss them with you. ITEM 7 - APPENDIX 1 Page 52
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Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot JOE FITZPATRICK CC: Pamela Clifford, Planning, Building Standards and Environmental Health Manager Page 53
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PERFORMANCE MARKERS REPORT 2022-23 Name of planning authority: West Dunbartonshire Council The High Level Group on Performance agreed a set of performance markers. We have assessed your report against those markers to give an indication of priority areas for improvement action. The high level group will monitor and evaluate how the key markers have been reported and the value which they have added. The Red, Amber, Green ratings are based on the evidence provided within the PPF reports. Where no information or insufficient evidence has been provided, a ‘red’ marking has been allocated. No. Performance Marker RAG rating Comments 1 Decision-making: continuous reduction of average timescales for all development categories [Q1 - Q4] Amber Major Applications Your average timescale is 13.4 weeks which is slower than the previous year but faster than the Scottish average of 39.5 weeks as well as within the statutory timescale. RAG = Green Local (Non-Householder) Applications Your average timescale is 13.1 weeks which is slower than the previous year but faster than the Scottish average of 14.4 weeks. RAG = Amber Householder Applications Your average timescale is 9.8 weeks which is slower than the previous year and slower than the Scottish average of 8.9 weeks. RAG = Red Overall RAG = Amber 2 Processing agreements: • offer to all prospective applicants for major development planning applications; and • availability publicised on website Green It is noted that instead of offering processing agreements you offer a pre-application framework process instead which is used for major or more complex developments. The framework provides a pre-application service which is different to your general pre-application service. RAG = Green You have provided a link in your PPF which shows this process highlighted and publicised on your website. RAG = Green Overall RAG = Green 3 Early collaboration with applicants and consultees • availability and promotion of pre-application discussions for all prospective applications; and • clear and proportionate requests for supporting information Green You continue to offer pre-application discussions for all applications, either general pre-application advice service for smaller and less complex proposals or through the pre- application framework for larger and complex proposals. RAG = Green Your pre-application service sets out what supporting information is required at each stage of the process. RAG = Green Overall RAG = Green 4 Legal agreements: conclude (or reconsider) applications after resolving to grant permission reducing number of live applications more than 6 months after resolution to grant (from last reporting period) Green Your average timescale for applications with legal agreement is 12.4 weeks which is faster than the Scottish average of 41.1 weeks. Your average is based on one application and you did not determine any applications in the previous reporting period for comparison. 5 Enforcement charter updated / re- published within last 2 years Green Your enforcement charter was updated in December which is within the last 2 years. Page 54
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6 Continuous improvement: • progress ambitious and relevant service improvement commitments identified through PPF report Green You completed 3 out of 10 improvement commitments with a further 2 partially completed with elements ongoing, a further 3 ongoing and 2 with limited progress. You have identified a further 10 commitments for the next reporting year and provided clear reasoning and benefit in carrying out each one. 7 Local development plan less than 5 years since adoption Red Your LDP is over 5 years old having been adopted in 2010. It is noted however that you were due to adopt your next LDP in 2020 but that has been subsequently delayed and now formally will not to be adopted due to Scottish Ministers Direction. 8 Development plan scheme – next LDP: • project planned and expected to be delivered to planned timescale Green You have set out that you expect to start work on a new LDP in the coming reporting period and this will be set out in a future Development Plan Scheme. 9 & 10 LDP Engagement • stakeholders including Elected Members, industry, agencies, the public and Scottish Government are engaged appropriately through all key stages of development plan preparation. N/A You have not carried out any LDP engagement as you await to start preparation on your new LDP in the coming reporting period. 11 Policy Advice • Production of relevant and up to date policy advice Green You have continued to update your supplementary guidance including Green Network and Green Infrastructure as well as producing draft guidance documents that will be consulted on during the next reporting period. 12 Corporate working across services to improve outputs and services for customer benefit (for example: protocols; joined-up services; single contact arrangements; joint pre-application advice) Green You have highlighted clearly how you undertake corporate working across services in Case Study 9. You have set out how you are involved in a cross-service group which involves representatives from Regeneration, Asset Management and Transport. You also work closely with Housing collegues on policy and delivery issues such as the Local Housing Strategy. 13 Sharing good practice, skills and knowledge between authorities Green You have indicated how you continue to share good practice between authorities including being the Senior Vice Chair of the HOPS Executive as well as being an active member in various other sub-committees.You have also undertaken PPF peer review exercise with Aberdeen City Council as well as continuing to be actively involved in the ClydePlan and Glasgow and Clyde Valley Housing Market Partnership which involves 8 authorities across the Glasgow Region. 14 Stalled sites / legacy cases: conclusion or withdrawal of old planning applications and reducing number of live applications more than one year old Green You have cleared 4 cases during the reporting period, 1 less than last year. The number of cases remaining is 7 which is the same as last year. 15 Developer contributions: clear and proportionate expectations • set out in development plan (and/or emerging plan); and • in pre-application discussions Amber You set out information relating to developer contributions in supplementary guidance including the new guidance on Green Infrastructure and Network. RAG = Green It is not clear from your report how developer contributions are set out during the the pre-application stage. RAG = Red Overall RAG = Amber Page 55
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WEST DUNBARTONSHIRE COUNCIL Performance against Key Markers Marker 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 1 Decision making timescales 2 Processing agreements 3 Early collaboration 4 Legal agreements 5 Enforcement charter 6 Continuous improvement 7 Local development plan 8 Development plan scheme 9 & 10 LDP Engagement N/A N/A N/A N/A N/A N/A N/A 11 Regular and proportionate advice to support applications 12 Corporate working across services 13 Sharing good practice, skills and knowledge 14 Stalled sites/legacy cases 15 Developer contributions Overall Markings (total numbers for red, amber and green) 2012-13 1 6 6 2013-14 1 2 10 2014-15 2 2 9 2015-16 1 5 7 2016-17 1 4 10 2017-18 1 5 9 2018-19 2 3 8 2019-20 2 3 8 2020-21 1 3 9 2021-22 1 0 13 2022-23 1 2 10 Decision Making Timescales (weeks) 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 2022-23 Scottish Average Major Development 32.4 19.8 24.6 23.4 18.3 28.5 14.8 11.2 9.6 13.4 39.5 Local (Non- Householder) Development 15.2 10.5 10.7 10.0 11.8 14.4 16.0 12.6 13.0 13.1 14.4 Householder Development 7.5 6.8 7.3 6.8 7.0 8.6 12.7 9.6 8.6 9.8 8.9 Page 56