Document Pack (Bookmarked) Planning (Special) 17 01 24
West Dunbartonshire Council · 17 January 2024
Back to Planning Committee — 17 January 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Agenda Special Meeting of the Planning Committee Date: Wednesday, 17 January 2024 ___________________________________________________________________ Time: 10.00 a.m. ___________________________________________________________________ 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 Special meeting of the Planning Committee as detailed above. The business is shown on the attached agenda. Yours faithfully PETER HESSETT Chief Executive Page 1
Page 2
Distribution:- Councillor Lawrence O’Neill (Chair) Councillor Gurpreet Singh Johal (Vice Chair) Councillor Ian Dickson Councillor Daniel Lennie Provost Douglas McAllister Councillor June McKay Councillor Karen Murray Conaghan Councillor Chris Pollock Councillor Hazel Sorrell Councillor Sophie Traynor All other Councillors for information Date of Issue: 8 January 2024 Page 2
Page 3
PLANNING COMMITTEE WEDNESDAY, 17 JANUARY 2024 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 PLANNING APPLICATIONS Submit report by the Planning, Building Standards and Environmental Health Manager – in respect of the following Planning applications:- (a) DC23/113/MSC: Details relating to the first Approval of 5 – 28 Matters Specified by Condition (AMSC) application (Phase 1 and 2 works only) for conditions 1(a), 1(d), 12, 23, 24 and 30 at Exxon, Bowling. (b) DC23/149/FUL: Erection of 128 residential homes, 29 – 57 associated roads, infrastructure and open space on existing brownfield site, (former Playdrome site) Residential Development Site, Abbotsford Road, Clydebank by Miller Homes. __________________________________________________________________ Page 3
Page 4
Page 4
Page 5
WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 17th January 2024 DC23/113/MSC: Details relating to the first Approval of Matters Specified by Condition (AMSC) application (Phase 1 and 2 works only) for conditions: 1(a) (development platforms and site layout, roads, access arrangements, parking areas, footpaths, waterfront walkway, green corridors, open space, boundary treatments and drainage infrastructure), 1(d) (landscape and streetscape plans showing the locations and species of all proposed trees, shrubs, hedges - Phase 1 works only), 12 (compliance with landscape framework and strategy), 23 (reconfiguration of cycle route), 24 (bus stop provision and review) and 30 (updated species survey and species protection plans) attached to Planning permission in principle (PPiP) reference DC20/088 at land at the former Dunglass Oil Terminal, Dumbarton Road, Bowling by West Dunbartonshire Council. 1. REASON FOR REPORT 1.1 This application considers the approval of matters specified by condition in connection with a planning permission in principle for a development that in the hierarchy of development proposals was a major planning application as defined by The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, which was previously considered by the Planning Committee. 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 extends to approximately 56 hectares and is located on the northern bank of the River Clyde. It is bounded by the River Clyde, the Glasgow to Dumbarton and Helensburgh railway line and the A82 Trunk Road. The national cycle route - NCN7 runs along the northern boundary of the site and cuts across the western part of the site. The cyclepath provides a local route to Bowling and Dumbarton as well as onto Glasgow and Balloch beyond. ITEM 4a Page 5
Page 6
Two Category B listed buildings comprising Dunglass Castle and Obelisk Memorial to Henry Bell are also found within the site. The Inner Clyde Special Protection Area (SPA), Ramsar Site (Wetlands of international important) and the Milton Burn Sites of Special Scientific Interest (SSSI) overlap and border the site to the south, along the River Clyde foreshore. 3.2 The majority of the site comprises land of the former Dunglass Oil Terminal which was previously occupied by and currently remains under the ownership of Exxon Mobil and Esso Petroleum Company Limited. This was historically used as a fuel distribution terminal from the 1920s until the 1990’s. While the majority of the site comprises the former oil terminal, there are other sections of land within the application site under separate ownership. The application site also extends beyond the former oil terminal to include surrounding, existing road infrastructure. The former terminal has been vacant and unused since decommission and clearance was completed in 2001. Other land subject to the application includes fields and strips of land under private ownership and the Council is progressing the purchase of the whole application site. An extensive programme of remediation of parts of the former oil terminal site was granted planning permission in 2019 (ref DC18/013). This comprises of works for areas known as Centerfield, Garden, Northfield and Westfield. A further planning permission was granted in December 2020 (ref DC20/182) for an alternative revetment solution along the Centrefield frontage. The Eastfield area of the site has previously been remediated in 2014 under planning permission DC11/218. Esso and EXXON Mobil are currently undertaking the remediation works granted under the DC18/013 permission. It is currently expected that this work will be concluded by the end of February 2024 although there is a subsequent monitoring period thereafter. 3.3 In December 2020, planning permission in principle was approved (ref DC20/088) for the re-development of the site comprising a mixed use development through a masterplan approach comprising of: • Up to 44,450m2 of commercial and industrial development comprising a mix of storage, distribution, industrial, business and office space; • a new spine road with associated drainage and lighting infrastructure; • Upgrades to the public road network; • A new junction on the A82 at Dumbuck with closure of the existing junction; • A remodelled junction on A82 at Dunglass; • An enhanced routing of a section of the National Cycle Network Route 7; • A new underbridge of the Glasgow-Dumbarton Railway at the western access to the site; • A new railway overbridge at the eastern access to the site; • Flood mitigation works; • Site drainage works; • Landscaping, green corridors and green open space; • Environmental mitigation works; • Establishment of platforms for development across the site. Page 6
Page 7
3.4 This application considers the details submitted for the approval of matters specified in conditions 1(a & d), 12, 23, 24 and 30 in respect of the above Planning Permission in Principle Permission (DC20/088). These conditions relate to the following details: • Condition 1 (a) - Development platforms and site layout plans showing the position of all buildings, roads, access arrangements, parking areas, footpaths, waterfront walkway, green corridors, open space, boundary treatments and drainage infrastructure; • Condition 1 (d) Landscape and streetscape plans showing the locations and species of all proposed trees, shrubs, hedges – in relation to the Phase 1 works only; • Condition 12 - Supporting report to demonstrate accordance with Landscape Framework and Strategy – in relation to Phase 1 works only; • Condition 23 - NCN7 reconfiguration plans; • Condition 24 - Bus Stop Provision Report; and • Condition 30 - Species Survey/Species Protection Plan. 3.5 The redevelopment of the site forms part of the Council’s City Deal project. The development will provide a platform for major industrial and commercial development whilst, at the same time, provide road and infrastructure improvements to relieve pressure and provide an alternative route to the A82 through Milton. The development of the site will be progressed through 4 phases as follows: • Phase 1 – road infrastructure work covering the eastern junction works at Dunglass, western junction works at Dumbuck, the eastern railway overbridge, western railway underbridge and the new spine road through the site. • Phase 2 - creation of three development platforms (East, Central and West). • Phase 3 - landscaping and utilities and energy infrastructure facilities. • Phase 4 - on-site buildings, Dunglass Castle and Henry Bell Obelisk works. The current application considers phases 1 and 2 only. No buildings are currently proposed and any layout on the platforms is purely indicative at this stage. 3.6 Whilst condition 1 (a) includes the requirement for details relating to the waterfront footpath, green corridors, open space, the position of buildings and parking areas, these aspects of the condition are not considered in the current application submission. As with any large scale redevelopment site of this nature, it is expected that the detail of the development will be brought forward through multiple applications for matters specified by condition. The remaining details within Condition 1 (a) and Phases 3 and 4 will therefore come forward as part of future planning applications. Page 7
Page 8
3.7 In support of the application submission the applicant has provided updated ecology and protected species surveys, bus stop provision report and a supporting report to demonstrate accordance with the Landscape Framework and Strategy. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service have no objections on roads or flooding matters to the proposed development. However it is advised that further traffic modelling data is required in respect of the westbound bus stop position on the A814. 4.2 West Dunbartonshire Council Environmental Health have no objections subject to conditions in respect of an updated Construction Environmental Management Plan and material management and verification. 4.3 West Dunbartonshire Council Biodiversity Officer offers no objections but it is advised that the recommendations and mitigation identified in the ecology report is followed and tool box talks are provided to site personnel. 4.4 NatureScot offer no objections but set out a detailed position on assessing and mitigating any impact on the wintering birds of the Inner Clyde Special Protection Area / Site of Special Scientific Interest 4.5 Royal Society for the Protection of Birds offer no objections but highlight a number of points in respect of updated ecology surveys, impact upon the SPA/SSSI, biodiversity enhancement and a Tern colony within the site. 4.6 Transport Scotland offer no objections but highlight the requirements of conditions 20 and 21 of the planning permission in principle and the need to agree the final detailed design for the Trunk Road works. 4.7 Strathclyde Partnership for Transport have no objections although a preference for an accessible three bay bus shelter to the eastbound bus stop on the A82 is highlighted together with concern regarding the proximity of the westbound bus stop on the A814 to the signalised junction. 4.8 Scottish Environmental Protection Agency, Historic Environment Scotland and Network Rail have no objections to the proposed development. 4.9 Sustrans have not responded at the time of writing this report. 5. REPRESENTATIONS 5.1 Six objections have been received in connection with the application. The detail of each submitted representation is available in the electronic planning file for the application and available for public viewing. The points and concerns raised can, however, be summarised as follows: Page 8
Page 9
• The proposal will result in the loss of trees within the site, including two trees which may be around 200 years old together with a further 15 similar trees. • Tree removal would be contrary to proposed LDP2 and NPF4 and trees being removed are potentially within or adjacent to the SPA and SSSI. • An existing wildlife pond is found on the site and this is potentially within or adjacent to the SPA and SSSI. The pond should be retained. • The proposal does not protect and enhance biodiversity and natural assets as required by NPF4. • Not much of the site is being kept as existing woodland or grassland. • New landscaping proposals would be inferior to existing specimens. • The proposal will develop greenspace and thus reduce access to these areas. • The proposal does not meet climate change commitments. • The area is at risk of flooding. • The areas of the site within the Green Belt should be protected from development. • Felled trees should be used for structures within the site including benches, sculptures and wildlife features. • No details are provided in respect of the Sheepfold area of the site. • Equestrian access requires to be incorporated into the whole site. • Quadbike and scrambler bike access requires to be prevented. The points of objection are addressed in Section 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy 4 6.1 National Planning Framework 4 (NPF4) did not form part of the adopted development plan at the time the application for Planning permission in principle was determined. Whilst the granting of planning permission in principle is not revisited in the context of NPF4, it is now part of the adopted development plan against which the current, and any future applications for matters specified by condition are required to be assessed against NPF4. 6.2 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. The principle of the redevelopment of the site is established and the current application under consideration does not raised any new matters with reference to these policies. 6.3 Policy 3 requires development proposals to contribute to the enhancement of biodiversity. The policy goes on to set out the requirement for proposals for national and major development to demonstrate that it will conserve, restore and enhance biodiversity. Page 9
Page 10
Policy 4 sets out requirements to be met when development affects Special Protection Areas/Sites of Special Scientific Interest (in this case the Inner Clyde). Policy 6 addresses development proposals that impact upon trees. Policy 7 addresses the historic environment and requires development proposals to fully assess the impact on historic assets or places including listed buildings. This is relevant to Dunglass Castle and Henry Bell Obelisk which are listed buildings within the site. 6.4 Part of the site is identified as being within the Green Belt and Policy 8 sets out the circumstances where development within the Green Belt is appropriate. This includes essential infrastructure as defined by NPF4. Transport proposals and travel networks identified by the Local Development Plan fall under the definition of essential infrastructure and such proposals are identified for this site in proposed Local Development Plan 2. In any case, with Planning permission in principle having already been granted for the development of the site, no further assessment is required in this respect of this Policy. 6.5 As the site has been previously developed, Policy 9 addressing brownfield, vacant and derelict land applies. Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. 6.6 Policy 13 supports proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs. Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale as per Policy 14. Policy 15 relates to local living and 20 minute neighbourhoods. Development proposal will contribute to local living including, where relevant, 20 minute neighbourhoods. Policy 18 supports development which provide infrastructure in line with that identified in Local Development Plans and their delivery programmes. The provision of the new transport infrastructure within the site is identified in proposed Local Development Plan 2 6.7 Green infrastructure is considered through Policy 20. Proposals that result in fragmentation or net loss of existing green infrastructure will only be supported where it can be demonstrated that the proposal would not result in or exacerbate a deficit in green infrastructure provision, and the overall integrity of the network will be maintained. 6.8 Policy 22 requires that proposals will not increase the risk of surface water flooding to others, or itself be at risk; manage all rain and surface water through sustainable urban drainage systems (SUDS), and seek to minimise the area of impermeable surface. Policy 23 does not support proposals which are likely to raise unacceptable noise issues. 6.9 It is considered that the application proposal being assessed complies with the relevant policies of NPF4 and is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 Page 10
Page 11
6.10 Part of the site is identified as being within the Green Belt with Policy GB1 setting out the circumstances where development within the Green Belt is appropriate. This includes there being a specific locational requirement and established need for the development. In assessing the application for Planning permission in principle for the site (ref DC20/088) it was concluded that a site specific locational requirement and need had been sufficiently established and justified in accordance with this policy. With Planning permission in principle having already been granted for the development of the site, no further assessment is required in this respect. 6.11 A significant portion of the site is identified as a Specialised Economic Development Site, where Policy LE4 supports the redevelopment of this site for employment uses. Policy LE6 also identifies much of the site as a Strategic Employment Location. Policies UR1 and RP1 supports the re-development and regeneration of vacant sites within the urban area and Policy GN1 states that new development should contribute positively to the protection and improvement of the Green Network. In granting Planning permission in principle it was concluded that the proposed development accorded with these policies and with the details being considered under this current application accord with the overall indicative masterplan, it remains that the proposal accords with these policies. 6.12 Policy GD1 lists the criteria which all new development has to comply with to create high quality design without any adverse impact on the character and amenity of the area. 6.13 Policy T1 supports developments which provide sustainable transport and path and cycle links, supported by a Green Travel Plan and Policy T2 states that opportunities will be sought to develop an alternative route to the A82 at Bowling/Milton by extending the A814. Policy T3 states the Council will support development which provides a link road from A814 Bowling to A814 Dumbuck terminating in Bowling in the vicinity of the entrance to the former Exxon site. Policy T4 requires walking, cycling and public transport routes to be integrated into the development. Policy R5 states that waterfront sites will be required to provide paths to and along the river bank as well as an expectation to integrate new paths into the off-road path network where appropriate. 6.14 Policy BE2 relates to protection of Listed Buildings and seeks to ensure that there is no adverse impact on their character, appearance and setting. Policy BE4(5) specifically encourages the rejuvenation and restoration of Dunglass Castle and improvements to the setting of the castle will aid in this regard. Policy BE5 relates to archaeology and sets out the circumstances in which development will be allowed. 6.15 Policies E1, E2A E2B, F1, F2, F3, relate to the Council’s biodiversity duty, nature conservation, water environment and flooding matters. It is considered that the detail of the proposed development, subject to appropriate mitigation measures secured through further conditions, complies with these policies. Page 11
Page 12
6.16 It is considered that the application proposal being assessed complies with the relevant policies of the adopted Local Plan and is assessed fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration, although it does not directly affect the development proposal under consideration. 7.2 Proposed Local Development Plan 2 identifies a development strategy which seeks to encourage the redevelopment of the site to primarily increase the business and industrial opportunities available within West Dunbartonshire. Esso Bowling Policy 1 outlines the acceptable uses within the site and requires a comprehensive masterplan to be provided of which development proposals must be in accordance with. Policy E1 also more broadly supports business and industrial development on this site. Esso Bowling Policy 2 sets out the infrastructure requirements for the site in relation to Roads, Walking, Cycling and Public Transport. The policy specifically requires the provision of a link road to provide a through route for public transport and a relief road for the A82 and also places active travel requirements that the development must provide. Esso Bowling Policy 3 sets out the requirements for the provision of green network and green infrastructure that must be provided within the site. Policy GB1 takes a similar approach to the adopted Local Plan in respect of development within the Green Belt. In granting Planning permission in principle it was concluded that the proposed development accorded with these policies and with the details being considered under this current application according with the indicative masterplan, it remains that the proposal accords with these policies. 7.3 Policy CP1 seeks to ensure that new development takes a design led approach to creating sustainable places which put the needs of people first and demonstrate that they contribute towards creating successful places by having regard to the six qualities of a successful place (distinctive, adaptable, resource efficient, easy to get to/move around, safe and pleasant, and welcoming). Policy CP2 relates to the provision of green infrastructure within new developments. 7.4 Policies ENV1, ENV2 and ENV4 focus on nature conservation and biodiversity, landscape character and trees. Similar to the other plans, these policies stipulate that development with potential to have an impact upon on ecological designations like a SPA or SSSI will only be allowed if there would be no adverse impacts on the nature conservation interest, or where there are imperative reasons of overriding public interest. Page 12
Page 13
In this case in determining the application for Planning permission in principle, it was concluded the disruption to ecology on the site itself during the work is considered to be outweighed by the longer term environmental benefits of redeveloping the site, and subject to suitable safeguards whilst the work is taking place and thereafter during operational stage, the works would not adversely impact upon the protected habitat of the Inner Clyde SPA or other ecological designations. 7.5 Policies ENV5, ENV6, ENV9, BE1 and BE2 are similar to policies in the adopted Local Plan in relation to the water environment, flooding, contaminated land, archaeology and cultural and built heritage with the proposals meeting with the requirements set out. Policy ENV8 relates to air, noise and light pollution and sets out specific requirements for each of these policy areas in this regard, whilst policy ENV9 requires all potentially contaminated sites to be remediated where necessary to ensure that the site is suitable for the intended use. 7.6 Policy CON1 sets out the transport requirements for new development. It requires the development proposal to accord with Designing Streets, National Roads Development Guidelines and Regional and Local Transport Strategies. It also requires such developments to prioritise active travel and walking, cycling and public transport links within and outwith the site, including a specific expectation for electrical charging points to be provided within the site. 7.7 It is considered that the application proposal being assessed complies with the relevant policies above as set out in the following assessment below. Principle of Development 7.8 As set out in paragraph 3.3 above, planning permission in principle for the re- development of the site has been granted through planning permission DC20/088 and the principle of development is not being assessed as part of this proposal. The current proposal reflects the masterplan layout together with the parameters plan which were agreed in granting Planning permission in principle. Site and Road Infrastructure and appearance 7.9 The current application largely considers infrastructure works associated with the creation of the road network within the site together with the development platforms. To the eastern end of the site, the proposal will involve the modification and signalisation of the existing Dunglass roundabout and new road access into the site from the A814, replacing the existing site entrance at this location. This new eastern access requires the existing railway overbridge to be upgraded to form part of the road network being created. The proposal will utilise the existing bridge abutments with a new bridge deck and parapets to create a new three lane road. Overall, the bridge will largely retain its current visual form. A new roundabout will be created beyond the bridge with an access road terminating in a roundel to the east providing access to the development platforms within Zone A (Eastfield). The roundabout will also provide access to Zone B (Centerfield). From the roundabout, the new spine road will travel west through the site along the route identified within the approved masterplan. The spine road will be of single carriageway design to a width of 7.3 metres. Page 13
Page 14
There will be footway provision to both sides of the new road inclusive of a 3 metre wide shared footway and cycleway to the southern side of the road. A further roundabout around a third of the way along the road will provide access to the development platforms within Zone C (Westfield). 7.10 To the western end of the new spine road where it meets the railway, a new railway underbridge is proposed. This will comprise a single span concrete portal design which will carry the two electrified rail lines above the new road. Wingwalls will be integrated into the design and these will retain the rail embankments. The spine road then terminates at the Dumbuck junction connecting to both the A82 and A814 via a new gyratory arrangement which will replace existing Glasgow Road junction. The cycle path will also be locally diverted around the new road infrastructure. Road levels across the undulations of the site will be addressed via the use of embankments where required. Whilst the new road infrastructure inclusive of railway overbridge and underbridge will undoubtedly take a form and appearance typical of such infrastructure, the new infrastructure must be considered in the context of the wider redevelopment of the site rather than as a standalone development. Although the proposed infrastructure will be new additions, it is intended it will be embedded in the site and the wider area. It will not dominate the large site and will have an acceptable visual impact in the wider urban context. The proposed landscaping will further soften the appearance and the infrastructure and overall the arrangement raises no concerns. 7.11 Turning to the development platforms which will comprise phase two of the works on site, this will involve be the creation of three development platforms within the south-eastern extent. This comprises Zones A, B and C as detailed on the masterplan. The works will comprise a cut and fill arrangement across the three platform zones with a maximum level change at any point of approximately 3 metres (occurring on Centerfield’s southern platform). The platforms will form the basis for the development of future buildings as part of the later phases of the development and will ensure the proposed future buildings will be above the 1 in 200 year flood level (plus climate change and 600mm freeboard) in line with the details accepted by SEPA at the Planning Permission in Principle stage. The development platforms will be formed by engineering infill material and it is expected that the net fill imported into the site will be around 125,000 m3. The platforms created will follow the overall masterplan for the site and be appropriate in the context of the site. They will also facilitate the development of the commercial and industrial floorspace within the site. The development of the platforms themselves inclusive of building design, position, access, parking and servicing will be considered via further planning application submissions in the future. 7.12 Overall, the proposed roads and development platform infrastructure layout accords with the masterplan and is considered acceptable and as is the appearance of the infrastructure works in terms of the site and the wider area. Page 14
Page 15
Landscaping and placemaking 7.13 Landscaping and placemaking were considered in detail in assessing the application for Planning permission in principle, informed by discussions with NatureScot. This included an initial landscape framework and in granting permission, condition 11 required a more detailed landscape strategy to be submitted and agreed prior to the first application for matters specified by condition application. The wider landscaping of the site will come forward as part of later phases of the development via future application submissions. 7.14 In so far as landscaping is considered as part of this application submission, landscaping is provided around the new road infrastructure to ensure an attractive setting and soften the appearance of the infrastructure into the site. This will include avenue tree planting, wildflower verges, a wetland grass mix within swales and native shrub, hedgerow and woodland mixes. This approach ensures that whilst the early phases of the development largely address infrastructure development, placemaking and green infrastructure are embedded into the development of the wider site even as part of these early phases. This will result in a development which creates a quality place designed to take account of its waterfront setting. The supporting compliance statement provided by the applicant in terms of condition 12 of the Planning permission in principle sets out how the development currently being considered accords with the overall landscaping strategy agreed under condition 11 of the planning permission in principle. Full planting schedules can be addressed by condition together with the implementation of the landscaping works. Impact on Trees 7.15 In granting Planning permission in principle, no concerns arose in respect of the impact on trees. However, the consideration of trees is still required in the context of the detail of the development of the site and via the overall landscape strategy proposed. Implementing the development of the site which follows the approved masterplan layout will result in the loss of trees. The current proposal follows the masterplan layout of the Planning permission in principle and therefore the provision of the roads and development platform infrastructure within the site will have an impact upon existing trees within parts of the site, more notably towards the western side. The landscape strategy agreed does, however, seek to identify and retain trees and groups of trees where possible as part of the landscaping of the wider site. One of the key landscaping considerations for the later phases of the development will be the retention of the remaining trees and existing landscape features within the site. 7.16 Condition 31 of the planning permission in principle requires details of tree protection for trees and areas of woodland to be retained during the works to be agreed. Whilst this requirement is separate to the current application submission, the aboricultural method statement submitted by the applicant in respect of this condition provides a tree survey assessment of the condition of trees within the site together with details of the trees to be removed. 117 trees or groups of trees are identified for removal to allow the development to proceed. This includes 1 category A tree and 26 category B trees. Page 15
Page 16
The majority of trees to be removed are, however, lower quality category C trees which are generally poorer specimens with a more limited life span and category U trees where, regardless of any development proposals, the correct course of action aboriculturally would be removal. Tree species generally comprise Oak, Ash, Sycamore, Birch and Willow. 7.17 The loss of trees is specifically highlighted as a concern in the objections submitted. In particular two individual specimens are highlighted as being mature and high quality trees. Whilst the trees are not tagged, in reviewing the details submitted in respect of condition 31 of the planning permission in principle with the applicant, the two specimens in question can be identified as T62, and a tree within the group G68. T62 is identified as a category C Ash tree which is in poor condition with Ash dieback observed and a lifespan of up to 10 years remaining. Trees within the group G68 are identified as comprising semi- mature Ash, Sycamore and Goat Willow. These are again identified as category C trees with a limited expected lifespan of 10 to 20 years. Both trees would be removed to allow the development to proceed as would other trees in the vicinity. 7.18 Whilst the loss of any trees is unfortunate, the application site is some 56 hectares in total and across a site of this size the number of trees being lost represents a comparatively small number. Any tree loss will also be compensated for via the wider landscaping proposals for the site that will come forward as part of future phases of the development of the site. A condition attached to this permission is recommended that the planting schedule and new tree planting for Phase 1 works sets out how tree planting is maximised in compensation for those trees lost. The current proposal does include tree planting and the creation of a tree lined avenue which will in part compensate for the loss of trees and a full planting schedule that maximises the new tree planting as part of the landscaping can be addressed by condition. 7.19 The submitted objections also highlight that felled trees should be used for structures within the site including benches, sculptures and wildlife features. It is agreed that such an approach could add value to the development of the site and a condition can set out a strategy for the use of felled trees as features within the site. The condition will also address how the felled trees will be stored. Ecology, biodiversity and protected species 7.20 In assessing the application for planning permission in principle, the impact on ecology, biodiversity and protected species was considered in detail and informed by a number of assessments both as part of the Environmental Impact Assessment (EIA) and via separate supporting submissions, including a Habitat Regulations Appraisal, Appropriate Assessment and surveys relating to specific species such as Bat and Otter. The site is partly within and also adjacent to a number of ecological designations including the Inner Clyde Special Protection Area (SPA); the Ramsar site; and Site of Special Scientific Interest (SSSI). Page 16
Page 17
The planning permission in principle application was also considered in detail by NatureScot who, in their consultation response, concluded the site could be developed in a way which would not have an adverse impact on the SPA and other relevant ecological designations, subject to the suitable mitigation measures proposed being in place and a range of planning conditions addressing a variety of matters. 7.21 In recognition of the high mobility of wildlife and that the ecological baseline may change between the granting of planning permission and works being undertaken on site, Condition 30 of the Planning permission in principle requires the current application to be informed by updated protected species surveys and species protection plans where appropriate. The updated surveys found that the habitat within and adjacent to the site remained generally unsuitable for water vole. No field signs of badger were found within the site or the 100 metre survey buffer and it is noted that woodlands to the west of the site lack suitable embankments for setts to be excavated and human disturbance along the cycle path would likely discourage badgers. 7.22 Turning to bats, a preliminary roost assessment (PRA) was carried out in 2020 and identified trees which had the potential to support roosting bats across the wider site. A revised PRA was carried out in March 2023 with 20 trees re- assessed within and immediately adjacent to the red line boundary. Trees which had the potential to support roosting bats were then subject to a climbed aerial inspection in August 2023. Of the 20 trees identified, none had high potential to support roosting bats, 8 had moderate potential; 3 had low potential and 9 had negligible potential. The climbed inspections did not identify any bat roosts. Various recommendations are set out including felling trees under supervision of a licenced bat ecologist, pre-felling inspections for any trees with a moderate bat roost potential and where features are too large to be assessed using an endoscope, activity surveys immediately prior to felling. In addition to the tree assessments, the suitability of the site to support commuting and foraging bats was re-assessed using static bat detectors. The applicant advises that three visits were carried out across the survey season (May, August and September 2023) with six detectors placed for a minimum of six nights to record bats. Whilst bat activity was noted, no specific concerns are highlighted. Recommendations including in respect of bat friendly lighting within the site are set out. In further surveying protected species, otter were confirmed to remain active within parts of the wider site and are known to have been present for a number of years despite ongoing remediation works. Separately to this application, the requirement for an otter mitigation strategy has been addressed via condition 10 of the planning permission in principle. No additional concerns arise in the submitted ecology survey in respect of this application. 7.23 NatureScot have considered the current application submission in respect of ensuring the proposals would not result in adverse effects on the integrity of the adjacent Inner Clyde European Special Protection Area (SPA) and underpinning Site of Special Scientific Interest (SSSI). In assessing the planning permission in principle application, one of the key considerations was the impact on overwintering birds inclusive of Redshank within the SPA/SSSI. Page 17
Page 18
As highlighted in the consultation response from NatureScot and reflected in the Appropriate Assessment undertaken by the Council when considering the Planning permission in principle application, in granting permission there was a specific expectation that as far as is operationally possible any elements of the construction programme with the highest potential for noise and vibrational disturbance would be scheduled within the least sensitive ‘summer’ period of the year, i.e. from April to August inclusive, when wintering Redshank are not using the Inner Clyde estuary. The road and development platform infrastructure works are significant elements of construction and have a high potential for noise and vibrational disturbance. Of note is the proximity of the works to install the western railway underbridge adjacent to the SPA/SSSI boundary. As the installation of the western underbridge requires the closure of the railway line which is expected to be restricted to the Christmas period, it is now known that significant construction works will require to be undertaken adjacent to the SPA/SSSI during the middle of the overwintering period. 7.24 NatureScot advise in their most recent consultation response that mid-winter is by far the most sensitive time for wintering birds as resources are scarce. Therefore any displacement from what feeding and roosting habitat resources that do remain available at this time can have potentially catastrophic consequences for the birds’ energy reserves and therefore their ability to migrate northwards again come the spring. Significant mitigation measures could therefore be necessary if the railway crossing is to be delivered in a manner that is compliant with the legislation. However the precise nature of the measures required could depend significantly on the way in which the protected birds actually utilise the areas of the SPA/SSSI that are within the 150 metre ‘disturbance distance threshold’ of the works. NatureScot go on to advise that at present, information on this is limited. The habitat that is both within this radius and within the designation appears unsuited to feeding and there is no recent information on whether any bird species utilise this area for roosting. It will therefore be essential that further updates of wintering birds include a focus on this specific area of the Inner Clyde SPA/SSSI. Only when an understanding of how the bird’s use this area has been achieved do NatureScot consider it will be possible to determine what mitigation measures will be adequate to ensure compliance with the statutory protection afforded to the SPA/SSSI. NatureScot further state they will be able to advise further on the required mitigation measures required for this particular aspect of the development once the full results of the new wintering bird surveys/investigations are completed. Discussions with NatureScot have concluded that measures which ensure that the western underbridge can be delivered without the risk of disturbance to the protected birds of the Inner Clyde should ideally be brought forward as part of an updated Construction Environmental Management Plan (CEMP). This is the approach set out by the applicant in the submitted ecology report which provides an update on wintering birds on the site utilising a variety of available data sources. Early winter 2023/24 survey work undertaken to date also confirms that wintering bird behaviours are in line with the 2016/17 surveys. A condition will ensure that all further survey work is completed and submitted together with an updated CEMP and any mitigation requirement prior to any work during the overwintering period. Page 18
Page 19
7.25 The Council’s Biodiversity Officer has also considered the ecology submissions and is content with the approach taken together with the methodology and findings. She specifically highlights the requirement to follow the mitigation set out in terms of bats together with the potential licencing requirements for otter. Tool box talks to relevant site staff require to be carried out in relation to protected species on site and pre-construction walk over surveys take place at each phase. The RSPB also highlighted the requirement for the spine road to feature landscape screening to provide a buffer to the SPA/SSSI. The applicant has confirmed the proposal seeks to protect, retain, and enhance existing vegetation along the route including the avenue tree planting along the new spine road, supplemented with native scrub planting and Hornbeam and Hawthorn hedgerows and marginal planting. These planting treatments aim to deliver a strong green infrastructure to filter views to and from the road, embedding the new infrastructure into its surrounding environment, limiting impacts to existing sensitive features. Screening is therefore provided as part of the proposal. The lack of survey information is highlighted but full survey details have now been submitted and have been fully considered. A Tern colony within the site is highlighted in the RSPB’s response. The applicant has confirmed that the area of the site where Terns are found falls under Phase 3. As such, proposals for this area including proposals affecting the old dock infrastructure (where the common Tern’s nest) will be confirmed at the future relevant stage. 7.26 The requirement for biodiversity enhancement is raised in the objections and also questioned by the RSPB consultation response, with the objections specifically highlighting the requirements of NPF4. The planning permission in principle granted does not require biodiversity enhancements to be specifically brought forward as part of the currently submitted application and the current proposal relates to infrastructure works with limited associated landscaping. NPF4 was also not in place at the time of the determination of the Planning permission in principle. Landscaping proposals for the site will come forward as part of future phases of the development of the site and biodiversity enhancement proposals can be brought forward as part of this. A pond which it is considered should be retained for wildlife habitat is also highlighted in the objections. No concerns regarding the loss of ponds within the site is highlighted by the consultees and it is noted that the landscape strategy identifies that a number of seasonal ponds exist within Zone E (Northfield and Greenfield) an area which will be retained as open spaces and green corridor. 7.27 Overall, subject to the approach set out above and the imposition of appropriate conditions, the impact upon ecology, biodiversity and protected species within and adjacent to the site remains acceptable. Roads, transport and sustainable access 7.28 Roads, transport and sustainable access matters were fully assessed, informed by a Transport Assessment, in granting Planning permission in principle and the proposed road layout follows the masterplan for the Planning permission in principle. Page 19
Page 20
The modification and signalisation of the Dunglass roundabout and new road access into the site from the A814 to the east together, with the new gyratory arrangement which will replace existing Glasgow Road junction at Dumbuck to the west have already been agreed in granting planning permission in principle and conditions 20 and 21 require the upgrade work to be completed prior to the occupation of any part of the site. Transport Scotland offer no objections to the current application. They specifically highlight the requirements of conditions 20 and 21 of the Planning permission in principle and the requirement for a detailed design package for the trunk road works. 7.29 A key element of the development of the site is for the proposed spine road to provide a relief road should there be a congestion issue or closure on the A82, and this is achieved by the proposed design. In terms of sustainable access, the proposed arrangement will facilitate active travel that makes it easy and attractive for pedestrians cyclists and other users to move around the development with a shared pedestrian and cycle path along one side of the spine road. This will be complemented by further access provision such as the waterfront walkway the details of which will be brought forward as part of future phases of the development. New crossing points will also be provided on the A82 at Dumbuck and the A814 at Dunglass. The cyclepath NCN Route 7 presently runs along the northern boundary of the railway line and the proposed western and eastern access road connections to the development site will impact on the current alignment of NCN Route 7. Realigned sections of NCN Route 7 are therefore proposed to replace provision on a like for like basis, but the opportunity has also been taken to enhance the route and provide connections to the site. A temporary diversion of the cyclepath route will be required during construction and the applicant confirms that construction sequencing discussions are currently ongoing in relation to this area, with the detail yet to be concluded. This detail will be addressed separately via condition 22 of the Planning permission in principle. Overall, the Council’s Road’s Service offer no objection to the proposal. 7.30 Considering the alterations to the existing bus stops, the position of the existing stops on the eastbound A82 at Dumbuck and both the eastbound and westbound bus stops on the A814 at Dunglass will be adjusted to accommodate the new road layout. On the A82 at Dumbuck, the position of the bus stop will be adjusted and this will allow the creation of a bus layby to modern standards with longer entry and exit slips and provide high access kerbs. SPT offer no objections to this arrangement. Whilst a new three bay bus shelter is requested, the applicant advises this cannot be accommodated within the available space and the existing shelter will be relocated to take account of the relocated bus stopping position. This is also not a new stop, but an existing stop and the approach taken will have a neutral impact on existing bus service users. To take account of initial comments raised by SPT, the positioning of the bus stops on the A814 at Dunglass has been amended together with the provision of an additional pedestrian crossing arm provided at the junction. SPT highlight concerns at the proximity of the westbound bus stop to the traffic signals at the eastern access to the site. Page 20
Page 21
The Council’s Roads Service advise that the bus stop position can generally be accepted but it would require to be demonstrated that west bound AM peak flow traffic would not be impacted by a bus using the stop and vehicles waiting to turn left. It is request that modelling data to support this is submitted for consideration and the Roads Service ask that this is addressed by condition. 7.31 Overall, it is concluded that the design and layout of the development from a roads, transport and sustainable access perspective is acceptable. Contamination and Ground Condition Matters 7.32 Contaminants from the former oil storage facility are being addressed via the remediation undertaken by Esso and EXXON Mobil prior to the site being taken over by the Council. In assessing the application for planning permission in principle, both SEPA and the Council’s Environmental Health Section were content that the remediation strategy will successfully mitigate the contamination on site from the oil terminal use and enable its re-development. Environmental Health offer no objections noting that as this application relates only to Phase 1 and 2 (infrastructure and development platforms) any contaminated land remediation requirements will be addressed by the implementation of the Earthworks and Material Management Strategy previously submitted and agreed in terms of condition 6 of the Planning permission in principle. It is recommended that the approved materials management strategy is implemented and remain in place for Phases 1 and 2 of the development. It is further recommended that material to be used in the top 300mm shall also be free from deleterious materials such as metals, plastic, wood, glass, tarmac, paper and odours. These details can be addressed by condition. SEPA have advised they no comments on site remediation or ground conditions. Built and cultural heritage 7.33 The category B listed Dunglass Castle and the Henry Bell Obelisk lie within the site. The masterplan for the planning permission in principle illustrated that the proposed development had been orientated and sited so as to preserve the setting and not compromise these buildings. The Phase 1 and 2 works follow the masterplan and Historic Environment Scotland offer no objections. Proposals for Dunglass Castle and the Henry Bell Obelisk will come forward via future applications for phase 4 of the works on site. Archaeology is addressed separately via condition 14 of the Planning permission in principle with a written scheme of investigation and programme of works agreed via this condition. No further archaeological matters arise. Other Technical matters 7.34 Conditions attached to the Planning permission in principle required a Construction Environmental Management Plan (CEMP) and Construction Traffic Management Plan (CTMP) to be agreed prior to this first application for matters specified by condition which considers the detail of the phase 1 and 2 works. Accordingly, the documents were agreed at a relatively high level. Page 21
Page 22
In their consultation response, Environmental Health advise that additional detailed information is required to ensure that the phase 1 and 2 works will not impact on sensitive receptors (for example residential properties) with regards to the impact from noise, dust and air quality and construction activities. They advise that with the CEMP previously approved being high level further details specifically relating to the phase 1 and 2 works are required. This can be addressed by condition as can an accompanying updated CTMP. 7.35 Flooding matters were fully considered in granting planning permission in principle with flood risk management plans and construction flood response plans being considered and agreed separately to this application via conditions attached to the planning permission in principle. The Council’s Road Service offer no objection on the grounds of flooding and SEPA advise they have no comments to make on the application. Whilst Network Rail are involved in the delivery of the project, in their capacity as planning consultee, they have no objections to the proposal. Communications Strategy 7.36 A communications plan is being developed by the Council to ensure West Dunbartonshire residents, businesses and elected members are well informed at all of the various stages of this project. A range of communications tools will be used to achieve this, including bespoke communications with those businesses/residents impacted by ongoing work ahead of each key milestone; working with key partners including Transport Scotland to ensure key messaging is distributed to a wide audience to maximise reach; detailed website updates; and social media posting on a regular basis. The Council will also work closely with the contractor to put advance signage in place, issue regular letter updates locally and publish online footage to track progress, increase knowledge and engagement with the site and project. The Council also participates in the Glasgow City Region City Deal Communications Group and all updates will be shared with them, and align with wider messaging. Outstanding points raised in the objections 7.37 In considering the points of objection not already addressed through the assessment above, concerns are raised regarding the lack of details in respect of the area of the site known as Sheepfold. This area, also known as Greenfield, primarily forms part of Zone E within the wider redevelopment site. Zone E will comprise the open spaces and Green Corridor within the site and will remain undeveloped. This Zone also includes the area for the waterfront pathway. These aspects of the development are not considered as part of this application. Whilst there is concern that the greenspaces within the site will be developed and only limited parts of the site are retained as grassland and woodland, the Greenfield and Northfield areas of the wider site (which comprise Zone E) extend to some 14 hectares of 56 hectares site, comprising woodland, grassland and marshy grassland. This area will remain undeveloped and retained as open spaces and Green Corridor. Whilst the concerns regarding climate change commitments is noted, planning permission in principle has already been granted for the redevelopment of this site and this matter does not require further consideration at this stage. Page 22
Page 23
7.38 The Planning permission in principle does not contain any specific requirements in terms of equestrian access, however the site will be accessible to a range of users as detailed in paragraphs 7.28 to 7.31 above. Any measures required to prevent anti-social quad and motorbike use within the site would be a matter for the landowner separate to the planning process. Elected Members Briefing 7.39 Prior to the submission of the application, an Elected Members Briefing was held on 10th May 2023. This briefing provided Members with details of the infrastructure works and development platforms for Phases 1 and 2 of the development of the site. Members were afforded the opportunity to highlight any issues which they considered the forthcoming application submission required to consider or address. The proposals to take forward Phases 1 and 2 of the development of the site were welcomed. Clarification was sought on the phasing of the delivery of the new road infrastructure, the signalisation of the junctions with the trunk road and the communications strategy informing the public of the works. The delivery of works to Dunglass Castle was also queried. These points are addressed in the development details and the assessment above. 8. CONCLUSION 8.1 The acceptability of the re-development of the site is already established, with the granting of planning permission in principle. This application considers phases 1 and 2 of the development of the site comprising the road infrastructure, development platforms and associated details relating to compliance with the approved landscape strategy, bus stop details and review, cycle path diversion and updated ecology and protected species surveys. The proposal reflects the masterplan layout together with the parameters plan which were approved under the planning permission in principle. 8.2 Whilst the early phases of the development largely address road and infrastructure development together with the development platforms, placemaking and green infrastructure are embedded into the development of the wider site even as part of these early phases. This will result in a development which creates a quality place designed to take account of its waterfront setting. The landscaping provided as part of the phase 1 works also follows the approved landscape strategy. A much needed relief road is provided which will alleviate congestion on A82 and provide an alternative access when the A82 is closed. The proposed arrangement also will facilitate active travel that makes it easy and attractive for pedestrians and cyclists to move around the development with a shared pedestrian and cycle path along one side of the spine road. New crossing points will be provided on the A82 at Dumbuck and the A814 at Dunglass together with realigned sections of Cyclepath NCN Route 7. Page 23
Page 24
8.3 The site features a number of habitats together with the Inner Clyde SPA/SSSI Updated ecology and protected species surveys are acceptable. The potential impact upon the overwintering birds within the SPA/SSSI remains a sensitive issue and further details in terms of protection and mitigation can be addressed by condition, informed by additional survey work beyond that already provided. 8.4 It is considered that the proposals for phases 1 and 2 accord with the provisions of NPF4, the adopted West Dunbartonshire Local Plan and proposed West Dunbartonshire Local Development Plan 2. The delivery of the first two phases of this ambitious development proposal is welcomed which seeks to bring the large waterfront former oil terminal site back into use with new development proposals to support the local economy and provide alternative road and transport routes. 9. CONDITIONS 1. Other than the details approved for Phase1 and 2 in terms of this permission, no approval is given in respect of the position of all buildings, footpaths, waterfront walkway, green corridors, open space, boundary treatments and drainage infrastructure in respect of the requirements of Condition 1(a) of planning permission in principle DC20/088 and the approval of these details shall be sought via further applications for matters specified by conditions in connection with the further requirements of Condition 1(a) of planning permission in principle DC20/088. 2. That prior to the commencement of development works with the exception of those in connection with site set-up and creation of development compounds on site, a full planting schedule for all landscaping and new tree planting hereby approved in connection with the Phase 1 works together with the timescale for implementation shall be submitted to and approved in writing by the Planning Authority. The schedule will set out how tree planting is maximised in compensation for those lost. The landscaping shall then be implemented as approved unless otherwise first agreed in writing by the Planning Authority. 3. That any trees, shrubs or areas of grass which die, are removed, damaged or become diseased within five years of completion of the landscaping in connection with the phase 1 works shall be replaced within the next planting season with others of a similar size and species. 4. That prior to the commencement of development works on site, full details of maintenance and management for the landscaping approved in connection with the Phase 1 works shall be submitted to and approved in writing by the Planning Authority, unless otherwise first agreed in writing by the Planning Authority. Management and maintenance shall commence within a timescale agreed with the Planning Authority. 5. Prior to the felling of any trees within the site a scheme for the use of felled timbers for structures within the site including (but not limited to) benches, sculptures and wildlife features shall be submitted to and approved in writing. Page 24
Page 25
The scheme shall then be implemented as approved unless otherwise agreed in writing by the Planning Authority. 6. All recommendations within the Ecology Survey Report dated November 2023 and associated 2023 Ecology Technical Report date October 2023 shall be followed. This shall include all required mitigation during the works on site. All further survey work undertaken shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development works on site with no works including vegetation clearance within the vicinity of SPA/SSSI. Any mitigation measures arising from the further survey work shall be implemented as approved. 7. Notwithstanding condition 6 above, no tree works, removal or scrub clearance shall occur on site from March through to August (inclusive) each year unless otherwise agreed in writing with the Planning Authority prior to clearance works commencing. In the event that clearance is proposed between March to August (inclusive), a suitable bird nesting survey shall be carried out by a suitably qualified ecologist covering the proposed clearance area and shall be submitted to and approved in writing by the Planning Authority before those clearance works commence. Once written approval has been given, the works themselves should be carried out within a specified and agreed timescale. 8. Notwithstanding condition 6 above, no development works shall be undertaken on site with no works including vegetation clearance within the vicinity of the SPA/SSSI during the period September to March inclusive until a further full winter survey is undertaken in respect of wintering birds within the SPA / SSSI with the survey results and recommendations submitted to and agreed in writing by the Planning Authority in consultation with NatureScot. 9. Prior to any development works on site with no works within the vicinity of SPA/SSSI during the period September to March inclusive, the survey results and recommendations that require to be submitted in connection with condition 8 above shall be used to formulate a detailed mitigation strategy in respect of the impact of any construction works within the site on the wintering bird population of the SPA / SSSI. This mitigation strategy shall be submitted either as part of an updated Construction Environmental Management Plan (CEMP) focusing on the Phase 1 and 2 works or as a standalone document accompanying the updated CEMP and approved in writing by the Planning Authority in consultation with NatureScot. All mitigation shall then be implemented as approved unless otherwise first agreed in writing by the Planning Authority. 10. Prior to the commencement of development works on site, full details of how toolbox talks to ensure all site personnel involved in Phase 1 and 2 of the development are aware of matters relating to ecology and protected species will be delivered to ensure that all personnel are aware of what to do should evidence of species be discovered during construction shall be submitted to and approved in writing by the Planning Authority. The agreed approach shall Page 25
Page 26
then be implemented unless otherwise first agreed in writing by the Planning Authority. 11. That prior to the commencement of development works on site in connection with Phases 1 and 2, an updated Construction Environmental Plan (CEMP) specifically addressing the Phase 1 and 2 works shall be submitted to and agreed in writing by the Planning Authority. For the avoidance of doubt, the CEMP will consider (but not be limited to) the impact from noise, dust and air quality and construction activities for Phases 1 and 2. The CEMP for Phases 1 and 2 of the development shall thereafter be implemented on site as approved unless otherwise first agreed in writing with the Planning Authority. 12. That prior to the commencement of development works on site in connection with phases 1 and 2, an updated Construction Traffic Management Plan (CTMP), specifically addressing the Phase 1 and 2 works shall be submitted to and agreed in writing by the Planning Authority. The CTMP for Phases 1 and 2 of the development shall thereafter be implemented on site as approved unless otherwise first agreed in writing with the Planning Authority. 13. Notwithstanding condition 12 above, all vehicles transporting construction material to and from the proposed development shall be sheeted, unless otherwise first agreed in writing with the Planning Authority. 14. Notwithstanding condition 12 above and prior to the commencement of any works on site in connection with Phases 1 and 2, vehicle wheel cleaning facilities shall be installed and brought into operation on the site, unless otherwise first agreed in writing with the Planning Authority. 15. The Materials Management Strategy previously submitted and approved in connection with condition 6 of Planning permission in principle DC20/088 shall be fully followed at all times during the Phase 1 and 2 works hereby permitted unless a modification is first agreed in writing by the Planning Authority. 16. All material to be used in the top 300mm of the development platforms shall be free from deleterious materials such as metals, plastic, wood, glass, tarmac, paper and odours. On completion of the works in respect of each of the two phases hereby permitted the developer shall submit for approval to the Planning Authority a verification report containing details of the source of the material and associated test results to demonstrate its suitability for use. 17. That unless otherwise agreed in writing by the Planning Authority, prior to service buses commencing use of the relocated eastbound bus stop on the A82 at Dumbuck, the existing bus shelter shall be relocated to the new stopping position. The final position of the shelter shall first be submitted to and agreed in writing by the Planning Authority. 18. That prior to any alterations or works commencing affecting the A814, the traffic modelling data to support the position of the westbound A814 bus stop and demonstrate that westbound traffic flow will not be impacted by a bus using the Page 26
Page 27
stop and vehicles waiting to turn left shall be submitted to and approved in writing by the Planning Authority. 19. That prior to the commencement of development works on site, a communications strategy designed to make road users, local residents, local business owners and the public in general aware of the proposed works, the likely impact upon the locality and updates of progress in respect of the Phase 1 and 2 works hereby permitted shall be submitted to and approved in writing by the Planning Authority. The strategy shall then be implemented as approved unless otherwise first agreed in writing by the Planning Authority. Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 17th January 2024 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. National Planning Framework 4 4. West Dunbartonshire Local Plan 2010 5. Proposed West Dunbartonshire Local Development Plan 2 2020, as amended 7. Public objections 8. Planning permission in principle DC20/088 9. Planning permissions DC11/218, DC18/013,DC20/182 Wards affected: Ward 3 (Dumbarton) Page 27
Page 28
¯ Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 04/01/2024. All rights reserved. West Dunbartonshire OS Licence Number 100020790. Scale: 1:12,000@A404/01/2024 ITEM 4a - APPENDIX 1 - LOCATION PLAN Page 28
Page 29
WEST DUNBARTONSHIRE COUNCIL Report by Planning, Building Standards and Environmental Health Manager Planning Committee: 17th January 2024 DC23/149/FUL: Erection of 128 residential homes, associated roads, infrastructure and open space on existing brownfield site, Residential Development Site, Abbotsford Road, Clydebank by Miller Homes. 1. REASON FOR REPORT 1.1 The planning application is a national development as set out in the Schedule to the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 as the application site sits within the Clyde Mission area as set out in National Planning Framework 4. Under the terms of the approved Scheme of Delegation, it therefore requires to be considered by the Planning Committee before being determined by the Council. 2. RECOMMENDATION 2.1 That the Planning Committee hears the applicant and those who have made representations and refers the application to full Council for determination with a preliminary recommendation, based on the information considered to date, that it be approved, subject to the conditions in Section 9 below. 3. DEVELOPMENT DETAILS 3.1 The application site is located within the town centre of Clydebank, on the site of the former Playdrome Leisure Centre and car park, and extends to approximately 3.56 hectares in size. The site’s northern boundary adjoins the Forth and Clyde Canal which is a scheduled monument. To the east is Argyll Road and to the south is Chalmers Street with the elevated Helensburgh to Glasgow railway line beyond. To the west of the site is Abbotsford Road and the rear of commercial units associated with Alexander Street. The surrounding uses are predominantly community and retail based, with residential properties located opposite of Argyll Road. 3.2 The Playdrome Leisure Centre closed in 2017 and following the opening of a new Leisure Centre on Queens Quay. Works to demolish the building and clear the site were completed in early 2022. The majority of the application site now lays vacant with a mix of hardstanding, hardcore areas that are starting to green following demolition as well as existing amenity planting throughout the site as well as around the boundary. The application site also incorporates Abbotsford Road which remains open together with a car park located to the west of Abbotsford Road. These spaces are currently used by visitors to facilities nearby including the Clyde Shopping Centre. ITEM 4b Page 29
Page 30
The turning area adjacent to the existing Clydebank Waterfront Parish Church which is accessed via Abbotsford Road is also included in the development site. 3.3 Planning permission is sought for the construction of one hundred and twenty eight houses and associated works. The development comprises of a range of dwelling sizes including fourteen, two bedroomed properties, one hundred and thirteen three bedroom properties and one, four bedroom property. These are mixed across the site between semi-detached and terraced properties. There are eight different house types across the mostly flat site which would be a mix of two and three storey in height. External materials are proposed to comprise of grey concrete roof tiles, facing bricks together with dark grey uPVC windows and doors. Each property will feature adjacent parking either within street bays or parking courts as well as private garden areas. Rear gardens will be defined by 1800mm high timber slatted fences as well as 800mm timber dividing fue fences. Boundary fences will also include localised sections of acoustic fencing to a maximum height of 3 metres. The terraced blocks which spans Chalmers Street and Argyll Road incorporated a feature corner property in order to allow the terrace to curve around the corner. These properties will be outward facing from the site. Along Abbotsford Road, and more briefly along Chalmers Road, the configuration of the three storey townhouses creates a saw tooth style arrangement due to the gable facing front elevation. The remainder of the houses predominately have their principle elevation to the internal roads and paths of the site. Other design features such a canopies, solar panels and Juliette balconies are proposed on various house types. 3.4 There is one existing vehicular access point on Chalmers Street from which it is proposed to maintain and extend site access from. The access from Chalmers Street, onto Abbotsford Road also serves an existing car park as well as access to the rear of commercial properties and this access is retained as part of the development as is access to the Church. As noted above, each house is proposed to have its own dedicated parking space meaning one hundred and twenty eight spaces are provided with an additional twenty two visitor parking spaces located throughout the development. Three electric vehicle charging points are proposed to be located within these visitor parking spaces. Twenty eight further spaces are proposed to be created to serve the existing properties including the adjacent Credit Union, Salvation Army and Church of Scotland – Waterfront Parish Church buildings. Internally to the site, four new roads are to be created as well as an internal car park. There are a network of new footpaths proposed throughout the site with six pedestrian links to the wider surrounding area. 3.5 The proposal features open and amenity green space. This is principally comprised of a large area of open space which incorporates play provision to the north of the site and an area of open space within a linear park running along the western boundary of the site, totalling an area in excess of 6700sqm. Additionally, the eastern and western boundaries of the site have green strips between the housing and the boundary which allows for much of the existing boundary treatment to be retained. Small pockets of green space are also proposed throughout the internal layout of the site. Page 30
Page 31
3.6 In support of the application, the applicant has submitted a range of supporting documentation and information including a Supporting Statement, NPF4 Assessment, Response to Clyde Mission, Pre-application Consultation Report, Design and Access Statement, Transport Statement, Travel Plan, Tree Report, Ecological Constraints Survey, Energy Statement, Statement of Community Benefit, Noise Impact Assessment, Factoring and Management Proposal and 3rd Party Access Statement. 4. CONSULTATIONS 4.1 West Dunbartonshire Council Roads Service have no objection to the proposal in respect of roads and parking, other than the proposed temporary construction access. No objections on flooding matters. 4.2 West Dunbartonshire Council Environmental Health Service have no objections subject to conditions relating to an updated report on contaminated land, further associated contaminated land conditions, an updated Noise Impact Assessment, construction noise, hours of work, piling, dust control, air quality, lighting and waste. 4.3 West Dunbartonshire Council Biodiversity Officer has no objections to the proposed development. 4.4 West Dunbartonshire Council Dept. Of Education and Cultural Services have no objections to the proposed development based on the capacity and current roll numbers for high schools and primary schools within the area. 4.5 Historic Environment Scotland have no objections to the proposed development but note the need for Scheduled Monument Consent in relation to works located within the scheduled area of the Forth and Clyde Canal. 4.6 Glasgow Airport no objections but note that the use of a crane will require consultation with the airport. 4.7 Scottish Canals have no objections to the proposed development. 4.8 The Coal Authority have no objections to the proposed development further to the submitted letter confirming that the thick coal seam outcrop is not expected to bisect this site, specifically owing to a fault. 4.9 Scottish Water, Scottish Power, Scottish Environmental Protection Agency (SEPA), Strathclyde Partnership for Transport (SPT) and West of Scotland Archaeology Service have no objections to the proposed development. 5. REPRESENTATIONS 5.1 Three representations have been received in connection with the proposed development which includes objection submitted on behalf of Marie McNair MSP, the Clydebank Co-operative Society and one member of the public. Page 31
Page 32
The full details are contained within the planning file and are available for public viewing. However, the points raised can be summarised as follows: • The proposal will have a significant negative impact to the local area. • This application will virtually erode the car parking spaces that remain. • The proposed development fails to meet the West Dunbartonshire Council parking standards. • There will be a loss of 192 spaces including 5 accessible spaces which service local shops and businesses at the Clydebank Shopping Centre. • Local businesses which will be impacted are against this proposal as are those who use this car park and visit Clydebank Shopping Centre for social activities and essential shopping. • There will be more limited entry for those who depend on travelling by car to Clydebank Shopping Centre where business and employment are already being hit by online and city traders. • An approval would have an adverse impact on the economic welfare, not only to Clydebank Shopping Centre, but to the community of Clydebank. • The removal of the car parking will seriously undermine active travel, as this facility is used by the public who commute from Clydebank train station for work and leisure. 5.2 The matters raised above are considered and addressed in Sections 6 and 7 below. 6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN National Planning Policy Framework 4 6.1 Eighteen National Developments have been identified within NPF4. These are significant developments of national importance that will help deliver the spatial strategy. NPF4 highlights that National Development status does not grant planning permission and all relevant consents are required. Clyde Mission is a national development focused on the Clyde and an area up to 500 metres from the river edge. One of the aims is to repurpose and reinvigorate brownfield land and support local living. The site lies partly within the Clyde Mission area and the proposed development will revitalise a vacant brownfield site within the town centre and Clyde Mission area. 6.2 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. 6.3 Policy 3 requires development proposals to contribute to the enhancement of biodiversity. The policy goes on to set out the requirement for proposals for national and major development to demonstrate that it will conserve, restore and enhance biodiversity. Page 32
Page 33
Policy 7 addresses the historic environment and supports development affecting scheduled monuments where direct impacts on the scheduled monument are avoided, and significant adverse impacts on the integrity of the setting of a scheduled monument are avoided. 6.4 As the site has been previously developed, Policy 9 addressing brownfield, vacant and derelict land applies. Development proposals that will result in the sustainable reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. 6.5 Policy 13 supports proposals to improve, enhance or provide active travel infrastructure, public transport infrastructure or multi-modal hubs. This includes proposals for electric vehicle charging infrastructure. 6.6 Development proposals will be designed to improve the quality of an area whether in urban or rural locations and regardless of scale as per Policy 14. Policy 15 relates to local living and 20 minute neighbourhoods. Development proposal will contribute to local living including, where relevant, 20 minute neighbourhoods. Consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to affordable and accessible housing options, ability to age in place and housing diversity. 6.7 Policy 16 relates to quality homes. Part (b) requires development proposals that include 50 or more homes to be accompanied by a statement of Community benefit. Part (c) supports proposals for new homes that improve choice, this includes a range of size of homes. Part (f) states that development proposals for new homes on land not allocated for housing in the Local Development Plan will only be supported in limited circumstances where: the proposal is supported by an agreed timescale for build-out; the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods; and either delivery of sites is happening earlier than identified in the deliverable housing land pipeline, the proposal is consistent with policy on rural homes, is for smaller scale opportunities within an existing development or the proposal is for the delivery of less than 50 affordable homes as part of a local authority supported affordable housing plan. 6.8 Green infrastructure is considered through Policy 20. Proposals incorporating new or enhanced blue and/or green infrastructure will be supported. Where appropriate, this will be an integral element of the design that responds to local circumstances 6.9 Policy 21 relates to play, recreation and sport and requires development proposals that are likely to be occupied or used by children and young people to be incorporate well designed, good quality provision for play at an appropriate scale. New streets should be inclusive and enable children and young people to play in the neighbourhood. New play provision will as far incorporate a range of requirements including being accessible. Page 33
Page 34
6.10 Policy 22 - Flood risk and water management states that proposals will not increase the risk of surface water flooding to others, or itself be at risk; manage all rain and surface water through sustainable urban drainage systems (SUDS), and seek to minimise the area of impermeable surface. Policy 23 does not support proposals which are likely to raise unacceptable noise issues. The agent of change principle applies to noise sensitive development. Policy 24 supports proposals that incorporate appropriate, universal, and future-proofed digital infrastructure. 6.11 Policy 27 - City, town, local and commercial centres part (e) relates to town centre living. Development proposals for residential development within city/town centres will be supported, including new build residential development. 6.12 The proposed development lies partly within the Clyde Mission area where the redevelopment of underused brownfield sites is supported. Following a policy assessment, it is concluded that the detail of the proposal is supported by NPF4 and is assessed fully in Section 7 below. West Dunbartonshire Adopted Local Plan 2010 6.13 Policy UR1 encourages the redevelopment and re-use of underused, vacant and/or derelict land and buildings for appropriate uses such as housing. Policy RD1 give preference to residential development on brownfield sites within the urban area rather than on greenfield land. 6.14 Policy H4 sets out standards expected of residential development, requiring high quality design in the range of house types and sizes and in terms of form, layout and materials. Policy H5 safeguards and where possible enhances the character and amenity of existing residential area. Policy GD1 seeks to ensure that all new development is of a high quality of design and respects the character and amenity of the area. 6.15 The site is listed in Schedule RET4 – Retail Development Opportunities. RET4(2) is identified as being an opportunity for the erection of a Class 1 superstore of 8000sqm. These opportunity sites will be supported by the Council for retail development subject to conformity with the provisions of Policy RET 2 and other Local Plan policies. 6.16 Policy RET5 seeks to improve the environment of the town centre of Clydebank in partnership with other agencies. Applications for non-retail uses within the designated town centres, will be favourably considered where they contribute to the vitality and viability of the town centre and do not conflict with other Local Plan policies. 6.17 Policy BE 5 relates to Scheduled Ancient Monuments and other Archaeological Sites. As the Forth and Clyde Canal is scheduled monument this policy applies. Policy R4 – Forth and Clyde Canal also applies. Part A of this policy states there will be a general presumption against development which is not compatible with the objective of protecting and improving the recreational and navigational amenity of the canal. Page 34
Page 35
Part C encourages recreational and sporting activities adjacent to the canal. Part D relates to footpaths on the offside and Part F seeks to orientate development towards and integrate with the canal. Policy BE2 seeks to ensure that the setting of any listed building is not adversely affected. 6.18 Policy R2 specifies the open space provision required for all developments. Assessment of open space requirements has been undertaken against the more updated “The Green Network and Green Infrastructure Guidance - November 2022 as set out in Section 7 below. 6.19 Policy T1 and T4 requires sites to be integrated with sustainable travel. Policy E1 relates to the Council’s biodiversity duty and Policy E5 requires new development proposals to consider impacts on trees and incorporate suitable tree planting. Policies F1 and F2 aim to ensure that new development is not at risk from, and does not increase the risk of flooding, and has suitable SUDS drainage infrastructure. Policy DC7 supports the inclusion of on-site micro- renewable technologies. 6.20 As the site is identified within the adopted Local Plan as a retail development opportunity, the proposed residential development is contrary to the Plan. Following a full assessment of the application proposal, it is considered that the material considerations are such that a departure from the adopted Local Plan can be justified. This assessment is set out fully in Section 7 below. 7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS West Dunbartonshire Local Development Plan (LDP2) Proposed Plan 7.1 On 15 March 2023, the Planning Committee took a decision that the Council would not adopt Local Development Plan 2. The Proposed Local Development Plan 2 (LDP2), incorporating the recommended modifications of the Examination Report received on 22 April 2020, which were accepted by the Planning Committee of 19 August 2020, remains the Council’s most up to date spatial strategy and is therefore afforded significant weight in the assessment and determination of planning applications, subject to compatibility with NPF4. The Scottish Ministers’ Direction relating to the adoption of LDP2, dated 18 December 2020, is also a material consideration. 7.2 The Clydebank Town Centre Development Strategy supports a range of development including: • Maintaining the Clyde Shopping Centre as an attractive retail core while allowing a greater mix of uses throughout the Town Centre; • Developing a stronger evening economy, leisure opportunities and greater residential development within and around the Town Centre; • Transforming the area around the Forth and Clyde Canal as a focal point and multi-functional area for recreation which connects people again with the Canal; and • Development of the former Playdrome site. Page 35
Page 36
7.3 Clydebank Policy 3 encourages a mix of uses on the Playdrome site that deliver high quality place-making and design standards. Development proposals should align with the site briefs and Clydebank Can Guidance. On the Playdrome site, development proposals for retail units that integrate with and provide a strong frontage and relationship with the Canal, in accordance with Policies WD1 and FCC1, will be supported. 7.4 Clydebank Proposal 1, Co-operative Building relates to proposal for the Co- operative Building but also its setting and character for proposals in the surrounding area due to its Category B listing. 7.5 Policy CP1 seeks to ensure that housing is of a high quality, adaptable and is designed to be suitable for a mix of occupants. It indicates that all new development will be expected to contribute towards creating successful places by having regard to the six qualities of a successful place (distinctive, adaptable, resource efficient, easy to get to/move around, safe and pleasant, and welcoming). Policy CP2 requires the integration and consideration of green infrastructure from the outset of the design process through to its maintenance and stewardship of the resource. 7.6 Policy H4 relates to residential amenity. The policy states that the Council will protect, preserve and enhance the residential character and amenity of existing residential areas at all times. 7.7 Other Town Centre areas (non-core town centre) are covered in Policy SC3. Proposals for non-retail uses, including housing will be supported in these areas where the development encourages visits to the Town Centre and are appropriate to the Town Centre’s role and function. 7.8 As the proposal area is within the scheduled area for the Forth and Clyde Canal, applies. Policy BE1 states that where development would adversely affect a scheduled monument or the integrity of the setting of a scheduled monument, permission will only be granted where there are exceptional circumstances. Policy FCC1 also relates to the canal and seeks to enhance this green network asset. Development that would have an adverse impact on the canal or its setting will not be permitted. 7.9 Policies GI2 and GI4 relate to green infrastructure. Policy GI2 requires new development to meet with the open space standards set out within the policy. Where a development has difficulty providing these standards on site, or where a relaxation of the standards can be justified, developers will require to accord with Policy GI4 and provide a contribution towards the types of projects outlined within the policy and detailed in the Green Network and Green Infrastructure Planning Guidance. GI4 sets out the requirements for Developer Contributions. Policy CP2 requires the integration and consideration of green infrastructure from the outset of the design process through to its maintenance and stewardship of the resource. Page 36
Page 37
7.10 Policies ENV1, ENV4, and ENV6 are all similar to the ecology and tree, water environment and flooding policies of the adopted Local Plan. Policy ENV8 requires developments to address air quality, lighting and noise as part of the planning process, whilst policy ENV9 requires all potentially contaminated sites to be remediated where necessary to ensure that the site is suitable for the intended use. 7.11 Policy CON1 requires that significant travel generating uses are designed to encourage sustainable transport. CON3 encourages improvements to core paths, natural routes and access and Policy CON4 sets out a need for all developments to install sufficient broadband provisions. 7.12 RE4 encourages micro-generation within or associated with individual properties and Policy RE5 relates to low and zero carbon buildings and states that new buildings should conform to the sustainability standards. 7.13 It is considered that the development proposal being assessed complies with the relevant policies and development strategy as addressed below. Creating Places Guidance and Green Network and Green Infrastructure Guidance 7.14 The Creating Places Guidance – November 2022 seeks to achieve high quality development with a design led approach based on a thorough appraisal of the site and an analysis of its context, and sets out that this is expected for all development proposals. The proposal has been informed by a comprehensive pre-application process as encourage by the Guidance. This has resulted in a development proposal that achieves a high quality design that responds to the local context and accords with the approach set out in the Creating Places Guidance. 7.15 The Green Network and Green Infrastructure Guidance - November 2022 seeks to ensure that the proposal also integrates landscaping and green infrastructure as part of the setting of the new development and open space created. This will include a focus on biodiversity enhancement. The on-site provision follows the above Guidance in respect of residential development proposals. The open space also integrates with the wider green network adjacent inclusive of pathway connections and accords with the above Guidance. Clydebank Town Centre Development Framework 2021 7.16 This document provides a framework for Clydebank town centre to deliver the social and cultural ambitions of the community. The document identifies that what is needed now, amongst other things, is residential development within the town centre. The Playdrome site itself is shown as a residential site within the Priority Phase 1 within this document. Also identified within the vision for Clydebank Town Centre is the reconnection of the new “centre” with the canal, the river and transport infrastructure to create a new public “heart” for the town. One of the key concepts of this is a new linear park connecting the town centre to Queens Quay and the Forth & Clyde Canal which is brought forward as part of this application. Page 37
Page 38
Whilst the Framework sets out a development mix of flatted blocks together with family housing, the proposal being considered does not include flats nor does it incorporate some ground floor active uses to key edges and corners of the site as identified in the Framework as a potential approach, overall, the development is supported by the Framework. Principle of Development 7.17 The site is a brownfield site within the town centre of Clydebank. It is not specifically identified in either the adopted Local Plan (LP) or the proposed Local Development Plan 2 (LDP2) as a residential development opportunity. Whilst not identified as a residential development opportunity, the sustainable re-use of brownfield land is supported through Policy 9 of NPF4. Policy 16 requires development proposals for 50 or more homes to be supported by a Statement of Community Benefit and this has been provided by the applicant. The Statement demonstrates that the proposal meets local housing requirements, enhances local infrastructure and improves the residential amenity of the surrounding area and brings residential development back into the town centre. Policy 16 also supports development proposals for new homes on land not allocated for housing where they are supported by an agreed timescale for build-out, that the proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20 minute neighbourhoods. However Policy 16 also requires housing on allocated sites to either be delivery of sites earlier than identified in the plan, consistent with policy on rural homes, for smaller scale opportunities, or for less than 50 affordable homes as part of a local authority supported affordable housing plan. This proposal does not fit into any of these categories however it should be acknowledged that the aspirations for the site have changed since both the adopted Local Plan and proposed Local Development Plan 2 were written. West Dunbartonshire Council’s 2021 Clydebank Town Centre Development Framework identifies the former Playdrome site as a site primarily for residential development and is supported by Policy 15 encouraging local living. 7.18 The site now also sits within the Clyde Mission Area. The Clyde Mission is focused on the River Clyde and the riverside from South Lanarkshire in the east to Inverclyde and Argyll and Bute in the west and focusing on an area up to around 500 metres from the river edge. Clyde Mission is an ambitious redevelopment programme being taken forward. It is a collective, cross-sector effort and partnership working will help bring forward assets and sites that are ready for redevelopment to sustain a range of uses. Mixed use, including residential and redevelopment of brownfield land is within the designation and classes of development contributing to Clyde Mission. In further assessing the application proposal, it is also noted that this site was first taken to market by this Council in 2009. Given the location of the site within the town centre, the primary focus was to regenerate the site for commercial/retail uses. However, due to a shift in market trends, the site is no longer attractive for such uses. Having attempted to dispose of the site for nine years for commercial uses, it is clear that the site being brought forward for residential uses is the only, current viable development option which also meets the ambitions of Clydebank Development Framework and NPF4. Page 38
Page 39
7.19 The proposal to redevelop underused and vacant land is also supported by Policy UR1 of the Local Plan together with Policy RD1 which sets out a preference for residential development on brownfield sites. Policy H2 of proposed LDP2 supports new housing development on sites in Schedules 2 and 3, this Policy does not preclude the development of other sites where appropriate. 7.20 Policy 27 of NPF4 further supports the development of housing on this site. The site is identified as being part of the Town Centre in the adopted Local Plan. Part (e) of Policy 27 supports development proposals for residential development within town centres including new build residential development. Within the LDP2, Policy SC3 supports housing where the development encourages visits to the town centre and are appropriate to the Town Centre’s role and function. The role and function of town centres in general has changed in recent times with a reduction in the floorspace required. A housing development retains people within the town centre, extending its hours of use and increasing its role and vibrancy. The Clydebank Town Centre Development strategy further supports the position of bringing residential development into the town centre by encouraging allowing greater mix of uses throughout the town centre and also identifies the Playdrome site as a site for development. Policy 15 of NPF4 supports development proposals that will contribute to local living including, where relevant, 20 minute neighbourhoods. The provision of new residential properties within an accessible town centre area inclusive of nearby transport links contributes to local living in accordance with the policy. 7.21 Overall, the application site is identified as a retail development opportunity within the adopted Local Plan and not specifically as a residential development opportunity within proposed Local Development Plan 2. Whilst the development does not meet the criteria of Policy 16 of NPF4 more weight should be attached to other NPF4 policies regarding local living, town centre living and the use of brownfield sites. Therefore, the principle of the development of housing on this brownfield site, situated within the town centre of Clydebank and within the Clyde Mission area can be supported. A departure from the development plan can therefore be justified in this instance for the reasons outlined above. Site Layout, Design and Appearance 7.22 New residential layouts require to be well designed, take cognisance of the setting into which they are introduced and provide a high quality environment of well-designed buildings in a setting of gardens and open space whilst recognising the impact on existing neighbouring properties. The site is located within the defined town centre, however, residential areas lie to the east and to the south beyond the railway. To the south, on Whitecrook Street (which has its rear gardens bounding Argyll Road) there are three storey terraced tenement flats and to the south are a mix of two storey, terraced houses as well as four storey blocks of flats although these are blocked from view by the railway line. The proposed development follows the overall theme and pattern of development by emulating the terraced pattern in the locality whilst providing a wider range of housing types in the housing sizes. It is considered that the density of development is compatible with the character and amenity of the wider adjacent residential area and appropriate for a town centre location. Page 39
Page 40
7.23 It is recognised that the layout requires to be designed to respond to the constraints of the site, including surrounding roads, commercial properties and the adjacent canal which is a scheduled monument. A large sewer is also located under the northern part of the site fronting the canal. There is one existing vehicular access point which will remain as is with a main loop road extending from this through the new development with further streets spurring off. Pedestrian links are, however, strengthened with multiple pedestrian links to and from the site from Argyll Road as well as a pathway connecting the canal tow path, through the open space and into the site. Whilst the sewer precludes the development of buildings fronting the canal, the development takes the opportunity to locate an area of open space and landscaping next to the canal tow path providing an attractive Canal frontage with pedestrian links to the development and Argyle Road ensuring this area is active. This approach, also reduces any impact upon the Canal as a scheduled monument. Separation is gained between the residential and commercial properties by the inclusion of a linear park. This also provides a green linkage and pedestrian route through what was once a very impenetrable site linking the Canal and Church to the railway station before connecting to Titan Boulevard via Hume Street. The creation of a linear park is a key aspect of the Clydebank Town Centre Development Framework. 7.24 Considering design, the proposed buildings are two and three storeys in height with a variety of different house types which will assist in creating visual interest within the development. The proposed houses will be of a modern design and it is considered that this approach will enhance and contribute positively to the aesthetic of the area. The houses will also feature solar panels incorporated into the roof covers. Whilst the Clydebank Town Centre Development Framework sets out a development mix of flatted blocks together with family housing, the proposal being considered does not include flats. However, the use of three storey buildings to reinforce the edges of the development and maximise density on this town centre site responds to the overall approach set out in the Development Framework. It is therefore considered that the proposed layout has responded to, and made the most of the site and its surrounding environments and what is proposed successfully integrates into the wider area. The built ratio of each plot accords with the requirements of the Council’s Creating Places Guidance (2022) and this ensures a suitable level of garden ground and associated private amenity space is provided for new residents. 7.25 Turning to the proposed materials, the new houses will be finished externally in facing brick and a concrete tile roof. The facing brick details submitted by the applicant comprise of two clay bricks, one in a red tone and one in a buff tone with an industrial appearance. The use of clay bricks provides a high quality visual appearance and this material is a positive addition to the wider development. The use of such a material is in accordance with the established approach taken on other sites where the use of high quality materials has been proposed to ensure the best possible development. The use of appropriate conditions will ensure the acceptable bricks are used as well an appropriate mortar colour. Page 40
Page 41
The development has been subject of extensive pre application discussions with the Placemaking Co-ordinator and Planning Officers to ensure it provides a high quality development in terms of layout, design and materials which responds to the town centre location. 7.26 In further considering the appearance of the new development, it is acknowledged that street furniture can have an adverse visual impact and dilute the quality of the appearance of the development if not carefully considered. It is therefore appropriate to attach a condition requiring full details of the siting and position of items such as telecommunications cabinets and grit bins. 7.27 Overall, it is considered that the proposal will create a well-designed and integrated development which will address the six qualities of successful places by having a distinctive identity, forming safe streets, having quality green infrastructure, using high quality materials and being sustainable, all complying with policies GD1, DS1 and CP1 of the adopted and proposed Plans alongside the Residential Development Design Guidance. Impact on the Forth and Clyde Canal 7.28 The site lies adjacent to the Forth and Clyde Canal which is a scheduled monument. The length of the monument is approximately 3 miles (5 km) and runs from the western edge of Old Kilpatrick (on the west) to a point 600m west of the bascule bridge at Linnvale (on the east). The monument includes the entire length in water together with the banks on either side together with the tow path running along the side. It is a superlative example of Georgian civil engineering. It was the first of Scotland's great inland waterways to be constructed (between 1768 and 1790). Policy 7 of NPF4 relates to scheduled monuments and supports development that where direct impacts on scheduled monuments are avoided and significant adverse impacts on the integrity of the setting are avoided. The Canal has much activity surrounding it and this residential development will only enhance this activity. Policy FCC1 of proposed LPD2 and Policy R4 of the Local Plan relate to the Forth and Clyde Canal itself. These policies seek to enhance the green network asset and also encourage recreational activities adjacent to the canal. The play park element of the proposal is adjacent to the Canal which is supported by these policies. Scottish Canals in their consultation response noted that vibro-piling is proposed and that this would require further details. Also details of any public realm lighting in areas adjacent to the Canal are requested as well as litter bins. The requirement for Third Party Works approval is also noted and that access to the Canal should be maintained at all time. It is considered that these points can be addressed by condition. Historic Environment Scotland have no objections to the proposal but note the requirement for Scheduled Monument Consent. West of Scotland Archaeology Service have noted that no archaeological issues arise and no conditions are required. Residential Amenity 7.29 In assessing the amenity of both existing residents within the town centre the site has been cleared of development in the recent past although what was there previously was not a residential development. Page 41
Page 42
Whilst the new development will introduce new houses in proximity to existing residential properties where it was previously a leisure centre, the scale and massing of the previous building was significant and the new houses will likely have a lesser impact. It is acknowledged that the new buildings will, however, extend across a larger area of the site than the leisure centre. The row of tenement flats which has their rear gardens facing onto Argyll Road is three storeys in height, with the majority of the proposed development being two storey in height with some three storey properties. It is further considered that there is no adverse impact on daylight or sunlight to the nearest houses will occur due to the separation distances proposed. Window to window relationships within the development itself are also acceptable. The inclusion of a play park within the vicinity will be a positive addition to residential amenity as will the addition of further pedestrian links through the site. The development will undoubtedly bring additional activity to the area, the occupation of new dwellings is not expected to cause any noise or activity beyond that typically found in a town centre area. 7.30 Whilst it is accepted that any construction site will produce an element of short term noise and disruption, the Council’s Environmental Health Service highlight the requirement that the construction of the development is undertaken in a way that ensures that adjacent residential amenity is not adversely affected. A range of conditions are recommended and it is considered appropriate to attach these. These include restricting construction working hours to 8am to 6pm Monday to Friday and 8am to 1pm on Saturdays. Conditions relating to piling and dust control are also recommended. 7.31 In further assessing the amenity of the residents of the new houses proposed there are a number surrounding noise sources due to the sites central location within the existing settlement of Clydebank. In order to address the impact created from the surrounding noise sources, including the adjacent Argyll Road, acoustic fences are proposed for some properties. In a limited number of properties these acoustic fences reach a height of 3 metres. The majority of acoustic fences proposed are 2.5 metres in height. In support of the application, a Noise Impact Assessment (NIA) was submitted. The Council’s Environmental Health Service has commented that the NIA makes assumptions throughout the document. As such conditions will be required relating to validation/verification of the mitigation measures proposed. This would consist of a report being submitted detailing the various specifications of acoustic glazing, ventilation, and construction elements being installed in each of the properties in line with the colour coded drawings that form part of the NIA. Whilst further details are required, it is overall concluded that there are no significant concerns regarding noise that would make the development unacceptable. As such conditions are recommended in relation to an updated NIA to be submitted. Page 42
Page 43
Traffic, parking and road safety 7.32 The applicant has submitted a Transport Statement in support of the proposal. Whilst, the Transport Statement notes that one hundred and twenty seven houses are proposed and that all are terraced, the proposal as submitted is for one hundred and twenty eight houses in a mix of terraced and semi-detached. These minor variations do not impact on the ability to assess the proposal. 7.33 The development site incorporates an existing area of public parking located to the west of Abbotsford Road. This area comprises some one hundred and ninety two spaces, including five accessible spaces, used presently by visitors to neighbouring facilities. These parking spaces currently serve a number of uses, including overspill from the adjacent shopping centre, in particular the Co- op building, the Credit Union building immediately adjacent and the Waterfront Church to the north. A degree of staff parking for the shops and businesses is also likely. It is also possible that a certain amount of park-and-ride activity may take place in this area. Parking surveys were carried out by the applicant on a number of days at a variety of times in order to assess the level of parking within the area. It was concluded there is more than sufficient free parking available in neighbouring commercial parking area to accommodate the diversion of existing parking on the development site, should it be displaced by the proposed residential development. 7.34 In terms of parking within the residential development proposed, one hundred and twenty eight private vehicle spaces are provided, on-street for the one hundred and twenty eight properties. In addition there are twenty two general visitor bays including nine disabled bays. Twenty eight further spaces are proposed to be created to serve the existing properties including the adjacent Credit Union building. Three electric vehicle charging points are proposed to be located within visitor parking spaces. 7.35 In assessing traffic generated by the new development, it is important to acknowledge that any trip generation must be offset against the former development use of the site. The Transport Statement states that it would be the case that traffic was generated by the previous Leisure Centre use during the weekday morning and evening commuting peak hours when a residential development would also be expected to generate its peak travel activity. Thus the figures would in practice be higher than any net new travel on the local transport network as a result of the proposed residential development. This is considered within the Transport Statement as being readily capable of being accommodated by the existing transport network in and around the site. Given that the predicted residential development trip generation would, in practice, be reduced due to the effect of the previous leisure centre trips being removed from the local road network, it is considered that the traffic and travel impact of the proposed residential development would be accommodated on the local travel networks. Page 43
Page 44
7.36 The Council’s Roads Service has considered the application proposal and has no objections in regard to the site access being served by the existing access from Abbotsford Road as road widths and geometry are all acceptable. Parking levels provided are concluded to be below the prescribed parking standards however due to the close proximity to local transport provision and good active travel links are considered to be acceptable. It is however noted that the application details suggests the creation of a temporary access from Argyll Road for the construction phase of the development. The Roads Service would refuse this request unless evidence is provided to show that safe access/egress cannot be maintained from Abbotsford Road. As such it is recommended that any granting of permission attach a condition relating to the submission of a site management scheme for construction traffic. 7.37 Concerns regarding the removal of parking, the impact that the removal of parking will have on the surrounding area and the proposals perceived failure to meet the West Dunbartonshire Council parking standards are raised in the objections submitted. The Council’s Roads Service note that the parking standards adopted by the Council follow the guidance provided in the National Roads Development Guidelines. Whilst the Guidelines do provide some expected parking provision levels, they also highlight that these can be adapted to suit proposed developments which are located in central locations. In main urban areas where a development is serviced by good active travel and public transport links with access to healthcare, education, food shopping and employment these parking levels can be reduced. The former Playdrome site is centrally located within Clydebank with short walking distances to Chalmers Street Bus services and Clydebank Train Station. Chalmers Street and the surrounding area is serviced by 22 different bus services providing access across Clydebank, into Glasgow and east to Dumbarton. The site is also located adjacent to the NCN7 route providing an off road cycling route to both Dumbarton and Glasgow, as well as access onto other parts of the road network. West College Scotland is located in close proximity to the site as is Whitecrook and Cunnard Primary School providing access to education. Additionally Clydebank Shopping Centre, Clydebank Health Centre and the Golden Jubilee Hospital are also within a short walk or transport ride of the development site, all of which provides the opportunity to reduce the parking provision which would be normally required in a more residential suburban environment. 7.38 In regards to the reduced parking provision for those wishing to use the shopping centre and local transport whilst the proposal will remove 192 public parking spaces there is existing capacity within the public car park on Coldstream Road to accommodate required parking levels. Parking survey evidence provided in the Transport Statement, albeit only surveyed over two week day periods and one Saturday period, highlights that the existing parking within Coldstream Road is underutilised and has the capacity to cope with the additional demands. Page 44
Page 45
7.39 In support of the application the applicant has submitted an Access Statement which addresses vehicular and pedestrian access arrangement that have a direct effect on the existing operators/users/businesses who solely make use of Abbotsford Road. The statement covers the measures that have been agreed with each of the existing users to ensure that their access is preserved both during the construction period and beyond. The Salvation Army, The Dalmuir Credit Union, the Clydebank Shopping Centre, The Clydebank Co-Operative and the Church of Scotland – Waterfront Parish Church are all outlined within the statement as having had access rights created as well as additional parking spaces in some cases. 7.40 As such it is considered that the removal of existing parking in order to make way for the new residential development will not have a significant adverse impact as there are alternative vehicle parking areas within the vicinity as well as good public transport links and the Council’s Roads Service offer no objection to the proposal on this basis. The addition of one hundred and twenty eight homes into the town centre will increase footfall and vitality which in turn will have a positive impact to the local area and an economical boost to local businesses and other community uses. Sustainable Transport 7.41 The site is located within the heart of Clydebank. The further point in the north of the site is approximately 315m from the bus stops on Chalmers Street. These existing stops, at the time of the Transport Statement, served 22 different bus services. In addition, the entrance to Clydebank Railway Station, also on Chalmers Street, is approximately 360m from the furthest point in the north of the site. The development site benefits from a wide range of pedestrian facilities, including traffic signal controlled crossing of Argyll Road to the east and Chalmers Street to the south. Cycling is catered for in the form of National Cycling Route 7 which runs east – west along the Forth and Clyde Canal, turning south from the Canal adjacent to Argyll Road and continues east into Glasgow and west to Dumbarton and beyond. To the east of Argyll Road, Route 7 becomes Route 754 and follows the Canal east with connections to other routes to Glasgow City Centre before continuing east towards Edinburgh. It is therefore concluded that the combination of a regular train service, high frequency bus services, dedicated off road cycle routes and a well-established pedestrian network ensure that the site is highly accessible in terms of access to sustainable transport. The site is also located within the heart of the town centre with a wide range of facilities within walking distance. In addition, the applicant has provided a travel information pack which encourages reduced dependency on the private car by highlighting the location of local amenities, public transport services and active travel routes to be provided to the residents of the new houses. It is recommended that the provision of this travel plan is conditioned. Page 45
Page 46
Trees, landscaping and open space 7.42 A variety of trees exist within the site. These are in the form of boundary planting and amenity planting within what was the car park of the leisure center. They are not protected by a Tree Protection Order and formed part of the soft landscaping scheme for the leisure centre that previously occupied the site. It is accepted that trees internal to the site are required to be removed in order to accommodate the new development. It is not considered that they are significant specimens and new tree planting is provided (one hundred and six new trees proposed) as part of the new development. The existing tree planting around the boundary of the site will be retained as part of the new development. 7.43 The landscaping strategy includes a variety of plants, flowers and trees to encourage wildlife and biodiversity to the site. In terms of hard landscaping areas, variety is also proposed with a mix of materials. New tree planting is also proposed throughout the development. The Council’s Biodiversity Officer offers no objection to the approach to the proposed landscaping. The overall approach to planting is considered appropriate and the implementation and maintenance can be addressed by condition. 7.44 In respect of open space within the proposed development, this is principally comprised of a large area of open space which includes play equipment to the north of the site and a linear park to the west of the site. There is also green space between the houses and the boundary of the site as well as pockets of green space throughout the development. In terms of the requirements of Policy GI2 of proposed Local Development Plan 2 together with the Our Green Network guidance, the required greenspace for the number of bedrooms provided within the overall development of this site is 9363sqm. The greenspace for this site provided exceeds this required number and therefore the level of green space provided by the development is acceptable. 7.45 As noted, there is a proposed play park to be included within the green space at the north of the site, between the housing development and the Forth and Clyde Canal. The inclusion of a play park is in accordance with the aims of Policy 21 of NPF4 which requires development proposal that are likely to be occupied or used by children to incorporate well designed, good quality provision for play at an appropriate scale. However, no details of the play equipment which is to be installed has been provided. A condition requiring this detail to be provided would ensure that the range of requirements of Policy 21, including inclusivity are met. 7.46 Overall, there is no unacceptable impact on existing open space and the quality and range of open spaces will all contribute to the overall success of the transformation of this vacant site. Flooding and drainage 7.47 Parts of the site are identified as having a medium flood risk for surface water. The Council’s Roads Service noted that the development of the site would address the existing surface water flood risk. SEPA have no objections to the proposal. Page 46
Page 47
In terms of drainage, SuDS is incorporated into the development to address surface water, with attenuation proposed within an area to the south west of the site. Whilst details of the overall approach is provided, this is not supported by detailed calculations to allow it to be concluded that the design capacity is appropriate. Overland flow pathways are also not provided and it cannot be concluded that any run-off in extreme events will not impact on either the existing or proposed residential properties. However, there is no suggestion that a suitable system cannot be provided and final details can therefore be addressed by condition. Ecology 7.48 There are no environmental designations covering any part of the site however the Inner Clyde which is designated as an area of SPA, SSSI, Ramsar and RSPB reserve is found approximately 0.5km south of the site. The Ecological Constraints Survey does however conclude that due to the distance from the site there will be no impacts upon the Inner Clyde designations. The survey report does not highlight any protected species of concern. Whilst the area may provide suitable habitat for foraging otter and water vole, no field signs of either were found. A pre-construction survey for otters is however recommended as part of the survey report. Due to the high mobility of wildlife and to re-establish the ecological baseline, if the proposed works are not commenced within 12 months of the report it is recommended that the project ecologist should be contacted to determine the requirement for repeat ecological surveys. This should also be conditioned. The report also highlights the timing of the works to take account of nesting bird season and this is recommended to be conditioned for any granting of permission. Further recommendations are contained within the preliminary ecological appraisal including Tool Box Talks for contractors, tree and vegetation removal to be avoided outwith the bird nesting season, pollution prevention measures in relation to the canal, removal of non-native species, avoidance of injury, obstruction and disturbance of mammal species, sensitive lighting designs to avoid affecting foraging or commuting bats, and biodiversity enhancement measures. This will be addressed by condition. The Council’s Biodiversity Officer also offers no concerns in respect of the proposal in respect of ecological impact or the findings of the ecological appraisal. Other Technical Matters 7.49 A ground investigation report has been submitted in support of the proposal however the Council’s Environmental Health Service have noted that the site investigation is incomplete. As such contaminated land conditions should be added to any granting of planning permission. Other recommended conditions from Environmental Health relate to air quality and lighting. Scottish Water offer no objection noting current capacity within the existing network. 7.50 The site includes within it, Core Path 119 which is the tow path which runs alongside the canal. Whilst no works are being done which would involve the Core Path being diverted, a condition is recommended to ensure that the Core Path is not obstructed during construction. Page 47
Page 48
7.51 The Council’s Education and Cultural Services offered no objections. Figures provided show three hundred and eighty nine spaces currently available within the two high schools within the catchment area for the site. Five hundred and eighty seven spaces are also currently available within the three primary schools for the area as well as a possible further three hundred and forty eight spaces within one other primary school which could possibly lie within the catchment area of the site dependant on the postcode it is allocated. Pre-application Consultation 7.52 The proposal constitutes “national” development under the Town and Country Planning Hierarchy of Developments (Scotland) Regulations 2009, and therefore statutory pre-application consultation is required prior to the submission of the planning application. The applicant submitted the Proposal of Application Notice (reference PAN22/002) in February of 2022. At this time the Covid emergency legislation was still in place. Two public meetings were held, one virtually on the 4th of April 2022 and one in person at Waterfront Parish Church on 3rd of May 2022. The applicant also created a micro-webpage in order to raise awareness of the proposal. Approximately 25 people attended the face to face event. During the pre-application consultation process the main points raised by interested parties related to parking provision and its loss, access to and from the development, access rights and the developments integration with surrounding businesses and organisations. Place and Design Panel 7.53 The design proposal was reviewed by the Council’s Place and Design Panel in July 2022. The general design principles that underpin the scheme including a legible street pattern, back to back gardens and clear pedestrian routes were welcomed by the Panel. Whilst the proposal does move away from the specific layout and typology within the development framework, the layout, the Panel considered that it arguably delivers a more permeable development which helps to promote pedestrian movement through the town centre. The provision of outward facing areas of landscape, play and public realm were welcomed as was the introduction of townhouses. Their location at key edges of the site was acknowledged, and suggested that further detail sections may support the continued refinement of their placement. The panel welcomed the applicants desire to introduce different roof types, especially those seen on the townhouses, where the introduction of a saw tooth profile helped to break up the massing of the development as a whole. The discussion focussed on more detailed elements of the proposal that should be refined further in its development. The comments of the panel were taken into account in concluding the final design. Elected Members Briefing 7.54 Following the Place and Design Panel, an Elected Members Briefing was held on 9th August 2022. This briefing provided Members with details of the proposed residential development on the site and the main issues that would require to be addressed in the planning application submission. Page 48
Page 49
Members were afforded the opportunity to highlight any issues which they considered the forthcoming application submission required to consider or address and this included housing mix, emergency access, linkages to adjacent facilities, access to the public open space and factoring arrangements, parking provision, EV charging and managing construction traffic. 8. CONCLUSION 8.1 The site is within the defined town centre and whilst not an allocated site for housing National Planning Framework 4 encourages vitality and viability of town centres through town centre living. Subject to the appropriate use of conditions, the proposed development is acceptable. The layout and design of the development has been developed to ensure that it integrates with the existing form as well as creating a high quality development which enhances the local area whilst also taking into consideration the constraints of the site. The development will provide much needed housing in a central town centre location with good connections to the surrounding area and wider green network. 8.2 The proposal will result in a high quality residential development. It is acknowledged that whilst contrary to specific aspects of the Development Plan in respect of the retail development opportunity allocation in the adopted Local Plan, the aspirations for the site have evolved since this Plan was prepared. The Clydebank Town Centre Development Framework 2021 identifies the need for residential development within the town centre with the Playdrome site itself is shown as a residential site within the Priority Phase 1. The proposed development will deliver this priority. The proposal is not an allocated residential development opportunity in the Local Development Plan and thus does not fully accord with the requirements of Policy 16 of NPF4. However, considering NPF4 as a whole, the proposal is considered to be in accordance with the spatial aims most notably in respect of Clyde Mission, redeveloping brownfield sites, contributing to town centre living and 20 minute neighbourhoods. 8.3 The proposed redevelopment of this prominent brownfield site within the town centre site with one hundred and twenty eight new dwellings in a mix of two, three and four bedroom homes is welcomed. The proposal will result in a high quality and permeable development creating positive relationships with adjacent streets and spaces. The proposed development will also bring residents into the town centre, supporting the economy of the town centre and adjacent community uses. 9. 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 shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, all facing bricks to be used shall be good quality clay bricks. Thereafter, unless otherwise first agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved material details and palette. Page 49
Page 50
2. Further to Condition 1 above, prior to the approved brickwork associated with any house being constructed on site, a sample panel of the brickwork shall be constructed on site in order for it and the associated mortar to be reviewed, inspected and approved in writing by the Planning Authority. Thereafter, unless otherwise first agreed in writing with the Planning Authority, the development shall be completed in strict accordance with the approved brick details. 3. Prior to the commencement of development on site, full details of the timescale/phasing for the build-out of the development shall be submitted to and approved in writing by the Planning Authority. Works shall then proceed as approved unless an alternative timescale is first agreed in writing by the Planning Authority. 4. Prior to the commencement of development on site, full details of all hard surfaces shall be submitted for the further written approval of the Planning Authority. The development shall thereafter be proceed in accordance with the approved details. 5. Prior to commencement of development on site, a 'Play Equipment Strategy' for the site shall be submitted to and approved in writing by the Planning Authority. This shall include (but not be limited to) the following: • Details and specifications of forms of play equipment and structures to be provided within the site. • Provide full details regarding the maintenance arrangements for all play equipment and associated features within the site. • Provide timescales for implementation of the play equipment. Thereafter, the approved play equipment strategy and all associated features and specifications shall be installed within the development in accordance with the strategy unless otherwise first agreed in writing by the Planning Authority and maintained in accordance with the approved details for the lifetime of the development. 6. Notwithstanding the approved plans, all recommendations within the Ecological Constraints Survey dated 23th August 2022 shall be followed. This shall include all required further survey work identified as being required for otters. Further survey work undertaken shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development on site and implemented as approved. 7. Notwithstanding the approved plans and condition 6 above, and prior to the commencement of development on site, the recommendations in paragraph 4.2.12 of the Ecological Constraints Survey dated 23th August 2022, in respect of re- establishing the ecological baseline shall be followed and the approach to this submitted to and approved in writing by the Planning Authority. Page 50
Page 51
8. Notwithstanding the approved plans and condition 6 above, and prior to the commencement of development on site, a further submission which demonstrates an understanding on how the proposal enhances biodiversity beyond the current baseline including any adjustments to the approved landscaping proposals together with the implementation details on site shall be submitted to and approved in writing by the Planning Authority. All measures shall then be implemented as approved. 9. Prior to commencement of development on site, a full planting schedule shall be submitted for the further written approval of the Planning Authority. Thereafter, the approved hard and soft landscaping and all associated approved planting details shall be implemented within a timescale to be agreed with the Planning Authority prior to the commencement of works on site. 10. Any trees, shrubs or areas of grass which die, are removed, damaged or become diseased within five years of completion of the landscaping shall be replaced within the following year with others of a similar size and species. 11. Prior to commencement of development on site, a site management scheme for construction traffic, shall be submitted to, and approved in writing by the Planning Authority and thereafter shall be implemented in accordance with the approved scheme. For the avoidance of doubt, construction access shall only be taken via Abbotsford Road and at no time will any vehicular access be taken to or from Argyll Road, unless otherwise agreed in writing with the Planning Authority. 12. That prior to each house hereby permitted being occupied, all new roads and footways leading to it shall be surfaced to a sealed base course. 13. That within 4 weeks of the last of the houses hereby permitted being completed, all roads and footways within the application site shall be completed to a final wearing course. 14. Prior to the occupation of any house, the on-street parking provision associated to that house shall be completed and be available for use by residents of the associated house. The on-street parking provision shall then remain unobstructed and available for use by residents of the associated house at all times thereafter. 15. The additional parking provided on Abbotsford Road, as identified on drawing ARC/SITE001 Rev Q – Site Layout shall be constructed and made available for use prior to the removal of the existing parking area. 16. That prior to the commencement of development on site, full details of the proposed drainage regime inclusive of calculations and overland flow details shall be submitted to and approved in writing by the Planning Authority. The drainage regime shall then be implemented and maintained thereafter. For the avoidance of doubt, the drainage regime shall be implemented commensurately with the construction of the houses it serves. 17. 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 Page 51
Page 52
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 development on site. The measures shall be implemented and maintained as approved. 18. The approved car charging points/units/ducting and associated infrastructure shall be installed in accordance with the approved details in a timescale agreed by the Planning Authority and maintained at all times thereafter. 19. 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. 20. Prior to the commencement of development on site, details of any street furniture inclusive of grit bins and telecommunications cabinets as well as lighting and bins adjacent to the canal, shall be submitted to and approved in writing by the Planning Authority and within a timescale agreed with the Planning Authority. 21. The Residential Travel Plan as approved as part of this application shall be provided on occupation of each dwelling to new residents. 22. No development (other than investigative works) shall commence on site until such time as a revised report on the nature and extent of any contamination of the site has been submitted to and approved in writing by the Planning Authority. The report shall be prepared by a suitably qualified person and shall include the following: a) A detailed site investigation identifying the extent, scale and nature of contamination on the site (irrespective of whether this contamination originates on the site) b) An assessment of the potential risks (where applicable) to: • human health • property (existing and proposed), including buildings, crops, livestock, pets, woodland and service lines and pipes • groundwater and surface waters • ecological systems • archaeological sites and ancient monuments c) An appraisal of remedial options, including a detailed remediation strategy based on the preferred option. 23. No development (other than works) shall commence on site until such time as a detailed remediation scheme for the site has been submitted to and approved in writing by the Planning Authority. The scheme shall be prepared by a suitably qualified person and shall detail the measures necessary to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property, and the natural and historical environment. Page 52
Page 53
The scheme shall include details of all works to be undertaken, the remediation objectives and criteria, a timetable of works and/or details of the phasing of works relative to the rest of the development, and site management procedures. The scheme shall ensure that upon completion of the remediation works the site will not qualify as contaminated land under Environmental Protection Act 1990 Part IIA in relation to the intended use of the land after remediation. 24. The approved remediation scheme shall be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Planning Authority. The Planning Authority shall be notified in writing of the intended commencement of remediation works not less than 14 days before these works commence on site. Upon completion of the remediation works and prior to the site being occupied, a verification report which demonstrates the effectiveness of the completed remediation works shall be submitted to and approved in writing by the Planning Authority. 25. The presence of any previously unencountered 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. 26. If the remediation plan requires it then a monitoring and maintenance scheme (including the monitoring of the long-term effectiveness of the proposed remediation) shall be submitted to and approved by the Planning Authority. Any actions/measures ongoing shall be implemented within an agreed timescale with the Planning Authority. Following completion of the actions/measures identified in the approved remediation scheme a further report which demonstrates the effectiveness of the monitoring and maintenance measures shall be submitted to and approved by the Planning Authority. 27. 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 re-used or imported. 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. On completion of the works and at a time and/or phasing agreed by the Planning Authority, the developer shall submit a validation report containing details of the source of the material and associated test results to demonstrate its suitability for use. 28. Prior to commencement of development on site, an updated noise assessment shall be submitted to, and approved in writing by the Planning Authority, to determine the impact of noise on the proposed development. The noise impact Page 53
Page 54
assessment and any recommendations in respect of mitigation measures shall be implemented as agreed prior to the development being brought into use and where appropriate shall be retained in accordance with approved details. The noise assessment shall include an assessment of aircraft noise taking into account the structure of the roof design as a possible pathway for noise transmission. 29. Prior to occupation of any house, the applicant shall have a third party independent verifier submit a verification report which shall provide verification of the installed noise mitigation measures demonstrating that the projections as detailed within the approved noise impact assessment are reliable and meet with the relevant conditions. 30. Prior to the commencement of development on site, a noise control method statement for the construction period shall be submitted to and approved in writing by the Planning Authority. This statement shall identify likely sources of noise (including specific noisy operations and items of plant/machinery), the anticipated duration of any particularly noisy phases of the construction works, and details of the proposed means of limiting the impact of these noise-sensitive properties. The construction works shall thereafter be carried out in accordance with the approved method statement unless otherwise approved in writing by the Planning Authority. 31. 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 first agreed in writing by the Planning Authority: • Mondays to Fridays: 0800 – 1800 • Saturdays: 0800 – 1300 • Sundays and public holidays: No Working 32. No commercial vehicle making deliveries to or collecting material from the development during construction shall enter or leave the site before 0800 or after 1800, unless otherwise first agreed in writing by the Planning Authority. 33. No piling works shall be carried out until a method statement has been submitted to and approved in writing by the Planning Authority. This statement shall include an assessment of the impact of the piling on surrounding properties, taking into account the guidance contained in BS 6472: 1984 ‘Evaluation of Human Response to Vibration in Buildings’. It shall detail any procedures which are proposed to minimise the impact of noise and vibration on the occupants of surrounding properties. This statement shall be prepared by a suitably qualified person, and the piling works shall thereafter be carried out in accordance with the approved method statement. 34. Prior to the commencement of development on site a scheme for the control and mitigation of dust shall be submitted to and approved in writing by the Planning 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 Page 54
Page 55
commencing on site and shall be maintained thereafter, unless otherwise first agreed by the Planning Authority. 35. Prior to the commencement of development on site, an air quality impact assessment shall be submitted to and approved by the Planning Authority. The report should use a method based on the principles set out in the Environmental Protection UK document Development Control: Planning for Air Quality (2010 Update), Scottish Government publication “Local Air Quality Management Technical Guidance LAQM.TG(09)”, and “Delivering Cleaner Air for Scotland - Guidance from Environmental Protection Scotland and the Royal Town Planning Institute Scotland, January 2017”. The recommendations of the assessment shall be implemented prior to the development commencing on site or within a timescale agreed by the Planning Authority. 36. Prior to the commencement of development on site, details (including specific luminaire and lamp type; beam control; wattage; the use of reflectors; baffles; louvers; cowling; lux contours/distribution diagrams and columns types/colours) of the lights /floodlights have been submitted to and approved in writing by the Planning Authority. The floodlights shall then be implemented in accordance with the approved details and shall be maintained in this condition. Any subsequent changes to their position or specification shall be subject to the prior written approval of the Planning Authority. The applicant should also take cognisance of the nearby commercial premises and any associated floodlights. The potential for obtrusive light affecting the properties must be assessed and appropriate mitigation measures put in place to negate any nuisance from any lights on the commercial premises. 37. Prior to the commencement of development on site, details for the storage and the collection of waste arising from the development shall be submitted to and approved in writing by the Planning Authority. The agreed details shall be in place prior the occupation of the first house within the site and thereafter maintained for the lifetime of the development. Page 55
Page 56
Pamela Clifford Planning, Building Standards and Environmental Health Manager Date: 17th January 2024 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. Creating Places Guidance (2022) 8. Green Network and Green Infrastructure Guidance (2022) 9. Clydebank Town Centre Development Framework 2021 Wards affected: Ward 6 (Clydebank Waterfront) Page 56
Page 57
¯ Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 04/01/2024. All rights reserved. West Dunbartonshire OS Licence Number 100020790. Scale: 1:2,500@A404/01/2024 ITEM 4b - APPENDIX 1 - LOCATION PLAN Page 57