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Item 6d - Application to vary Condition 7 at Farm Rd Duntocher

West Dunbartonshire Council · 14 February 2024
Back to Planning Committee — 14 February 2024 and its agenda

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WEST DUNBARTONSHIRE COUNCIL 
Report by Planning, Building Standards and Environmental Health
Manager 
Planning Committee: 14th February 2024
_____________________________________________________________
DC23/205/FUL: Application under Section 42 of the Town and Country
Planning (Scotland) Act 1997 to vary Condition 7 of
permission DC19/203 relating to the timing of footpath
delivery for residential development site at Farm Road,
Duntocher, Clydebank by Barratt Homes West Scotland.
1. REASON FOR REPORT
1.1 This application seeks to vary a condition attached to a planning
permission in principle granted on appeal for an application proposal
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 relates to approximately 8.8 hectares of agricultural land
on the northern edge of Duntocher. The site comprises two fields roughly
similar in size, which are connected to each other by a narrow corridor.
The north-eastern field lies on the west side of Farm Road, bounded by
the back gardens of houses on Mirren Drive to the south and by the
houses in the former Duntiglennan Farm buildings to the north.  At its
south-western corner is a connection into the south-western field, which is
bordered by back gardens in Mirren Drive and Craigielea Road to the east
and south. Both fields border farmland to the north and west. There are
significant level changes across both parts of the site, with the land
generally rising to the north. The land was previously used for agricultural
grazing but is currently unused, and consists mainly of overgrown
grassland. The south western field contains mature trees around its
perimeter, and these are covered by a Tree Preservation Order.
ITEM 6d

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3.2 Planning Permission in Principle application (ref:DC19/203) for the
erection of 99 dwellinghouses, formation of access, landscaping, open
space, SuDS and associated infrastructure was granted on appeal in
September 2020, subject to seven conditions (ref: PPA 160-2030). 
3.3 In March 2022, Matters Specified in Conditions application
(DC22/049/MSC) was submitted for conditions 1, 3, 5 and 7 of the
planning permission in principle. Conditions 1, 3 and 5 related to the
layout, siting and design of the proposed houses, access arrangements,
car parking, levels, landscaping, garden space and provisions for waste,
habitat survey, flooding and drainage. Condition 7 related to the provision
of bus stops on Craigielea Road and associated footpath link. This
application was refused by the Planning Committee in November 2022,
but granted on appeal (PPA-160-2039) in January 2023. 
3.4 The current application relates to Condition 7 of the planning permission in
principle, which states that:
“Unless otherwise agreed in writing by the Planning Authority, none of the
houses within the development shall be occupied until bus stops and
shelters have been provided on Craigielea Road, in locations to be agreed
with the Council, as Roads Authority, and Strathclyde Partnership for
Transport together with a footpath linking these stops with the
development”.
3.5 The current application seeks to vary the terms of Condition 7 under
Section 42 of the Town and Country Planning (Scotland) Act 1997, as
amended.  The proposed variation would delay delivery of the footpath
linking the bus stops to the housing development until occupation of the
64th house. The applicant has justified the variation on the basis that
delivery of the footpath prior to the occupation of the 64th house would
result in health and safety risks to users of the path. The variation sought
only relates to the delivery of the footpath. No variation is sought to amend
the requirement to provide the new bus stops on Craigielea Road prior to
the occupation of the first house. 
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service offer no objections to the
proposed variation of the condition.
5. REPRESENTATIONS

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5.1 Thirteen objections have been received in connection with the proposed
development. The full details are contained within the planning file and are
available for public viewing. However, the points raised can be summarised
as follows:
Residential Amenity
• Adverse noise effects.
• Adverse impacts on privacy.
• Development will result in air pollution from additional car travel from
its greenbelt location.
Access and Parking
• Will result in additional traffic congestion and endanger the safety of
pedestrians, mainly children.
• Could potentially restrict emergency vehicle access to Farm Road
and adjacent streets.
• Insufficient road and pedestrian access has been provided.
• Will cause parking on pavements.
• Concern that additional bus stops will change the bus route along
Craigielea Road with knock on adverse effects on traffic congestion.
Landscape and Visual Impact
• Will change the character and appearance of the local landscape.
Flood Risk and Drainage
• Flood risk.
• No information provided on how the existing drainage on the hill will
be affected and any effects mitigated.
Other Issues
• Adverse effects on water pressure to existing properties.
• Adverse effects on food production from loss of agricultural land.
• Adverse impact on wildlife and eco structure.
• Condition 7 should be implemented as originally written.
• Concern that the applicant does not own all the land required for the
footpath link.
• ‘Off Site Bus Stops Plan’ does not show existing paths.
• Bus stop on north side of Craigielea Road not required.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
6.1 As the principle of development has already been established through the
earlier planning permission in principle (ref: PPA 160-2030), the policies
referenced below only relate to those works within the scope of works and
development associated with Condition 7.

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National Planning Framework 4
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 13 supports proposals to improve, enhance or provide active travel
infrastructure, public transport infrastructure or multi-modal hubs. 
6.4 Policy 14 requires that proposals be designed to improve the quality of an
area whether in urban or rural locations and regardless of scale. In
addition, proposals are supported where they are consistent with the six
qualities of successful places, including ‘Connected’, which promotes well
connected networks that make moving around easy and reduce car
dependency.  
6.5 Policy 15 relates to local living and 20 minute neighbourhoods.
Development proposals 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 access to
sustainable modes of transport and high quality walking, wheeling and
cycling networks. 
6.6 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 Local Plan 2010 
6.7 Policy SUS1 advises that the Council will pursue a sustainable approach
to development and transportation issues by seeking to maintain and
enhance the quality of the environment within the Plan area and
integrating transportation and land-use planning matters. 
6.8 Policy H5 safeguards and where possible seeks to enhances the
character and amenity of existing residential area. Development within
existing residential areas will be considered against the following criteria;
the requirement to avoid over development which would have an adverse
effect on local amenity, access and parking

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6.9 Policy GD1 seeks to ensure that all new development is of a high quality
of design, respects the character and amenity of the area and that
increases in traffic volumes and adverse impacts on air quality are
avoided or minimised by including provision for public transport,
pedestrian and cycling access. 
6.10  Policy T1 states that the Council supports measures to provide
sustainable transport modes including footpaths, cycle routes and
improved access to public transport. The Council will give favourable
consideration to proposals which increase access to public transport
services and path networks, particularly in respect of employment areas,
provided there are no adverse impacts on the amenity of the surrounding
area. 
6.11 Policy T4 states that developers should ensure that sites are well
integrated into walking, cycling and public transport routes, and should
give priority to the positioning of footpaths, cycleways and bus stops at the
main entrances to developments or within residential areas. Significant
new development will be expected to be sited so as to be accessible to
public transport networks and developer contributions will be required
where such development is shown to impact on the public transport
infrastructure, including railways, in Transport Assessments.
6.12 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.

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7.2 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). Criterion (b) states that all
new development is required to ensure that streets are safe, comfortable
and attractive for all users; creating an accessible, inclusive and walkable
network of streets and paths which consider the role of streets as places
for people first.
7.3 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. Criterion (b) states that
applicants should demonstrate how the design and layout of development
prioritises active travel modes (linking work places, schools, community
facilities and public transport hubs) and recreation routes, as well as
maintains and enhances the quality and connectivity of the active travel
network. 
7.4 Policy CON1 requires that significant travel generating uses are designed
to encourage sustainable transport. All new development will require to
prioritise active travel, by incorporating new, and providing links to,
existing footpaths, cycle routes and public transport routes.  
7.5 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 and Section 42 applications
7.6  The principle of development on this site has already been established
through the granting of planning permission in principle (ref: PPA 160-
2030) and is not being revisited as part of this application. The advice from
the Scottish Government (contained in Annex H of Circular 3/2022 –
Development Management Procedures) is that in determining Section 42
applications, planning authorities may only consider the issue of the
conditions to be attached to any resulting permission. As such, this
application considers only the proposed variation to Condition 7 of the
planning permission in principle in terms of the delivery timescale for the
footpath link.
Public Transport Footpath Link – Condition 7
7.7 Condition 7, which seeks to facilitate the use of public transport by
residents of the development, was attached to the planning permission in
principle as detailed in paragraph 3.4 above.  The locations of the bus
stops and shelters have been agreed with the Council and were approved
as part of the Matter Specified in Conditions permission.

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The applicant has justified the footpath link being provided prior to the
occupation of 64th house on the basis of health and safety considerations
during construction.  
7.8 Phase 1 of the development is located in the northern part of the site and it
is accepted that the provision of a path linking the Phase 1 properties to
the bus stops on Craigielea Road would bring pedestrians into closer
contact with construction vehicles, plant and machinery which require to
use an adjacent route to access the southern part of the development,
which would still be under construction. It is noted that linking new houses
within Phase 1 to the bus stops would require approximately 600m of unlit
footpath to be formed through an active construction site, which could
potentially pose health and safety risks for users of the path. The concerns
raised by the applicant are accepted. In further assessing the proposed
variation to the condition, a key consideration is the extent to which
delaying delivery of the footpath would restrict pedestrian access from the
Phase 1 properties to the agreed bus stops. As there is an existing
asphalt, street lit and overlooked footpath available through the existing
street network, via the main site access at Farm Road southwards along
Craigielea Road and westwards to the agreed bus stops, it is considered
that delaying delivery of the footpath would not significantly restrict
pedestrian access for residents from Phase 1. The Council’s Roads
Service offers no objections to the proposed variation of the condition in
terms of delaying the provision of the footpath link. 
7.9 With respect to when it would be appropriate to deliver the footpath, the
variation seeks to delay delivery until occupation of the 64th house, which
is the first house in Phase 2. While the southern part of the site would still
be under construction at this point, it is considered appropriate that the
footpath should be delivered at the start of Phase 2 as this part of the site
is significantly further from Farm Road than the Phase 1 part of the
development. In light of the above, it is considered that the proposed
variation is acceptable, as it would reduce health and safety risks to
pedestrians while still ensuring that the footpath is delivered in time to
promote pedestrian access between the development, particularly Phase
2, and the agreed bus stops. A condition is proposed that the development
is completed through a continuous programme of construction and this will
ensure that it remains that the delivery of the footpath link forms part of
any development of the site.  
7.10 The delivery of the footpath linking the development with public transport
nodes contributes to the promotion of sustainable transport and the
creation of a successful place. As such, it is supported by NPF4, the
adopted Local Plan and proposed LDP2 policies set out in sections 6 and
7 of this report.

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While the proposal seeks to vary the timescale for delivery of the footpath,
it does not seek to completely remove the requirement, thereby meeting
the terms of the above policies in terms of accessibility, permeability and
promoting sustainable travel.   
Access and Parking 
7.11 It is noted that the objections raised a number of concerns related to
access and parking. There is concern that the proposal would not provide
sufficient road and pedestrian access and would adversely affect existing
access by increasing traffic congestion, which could potentially endanger
pedestrian safety and restrict emergency vehicle access to Farm Road. In
addition, concerns are raised that the bus stop on the north side of
Craigielea Road is not required and that the additional bus stops proposed
will change the bus route along Craigielea Road. As the current
application seeks only to vary the timescale for delivery of the footpath
link, matters relating to parking, road access, additional bus stops and the
level of pedestrian access are not material to the assessment of the
application. These matters were fully addressed as part of the Planning
Permission in Principle and the Matters Specified in Conditions
permissions. 
Other Matters Raised in Representations
7.12 A range of other issues have been raised in the objections received, which
have not already been assessed above. It is noted that the applicant does
not own all the land required to deliver the footpath link. While the council
is aware that the applicant does not control all the relevant land and
acknowledges that this could potentially affect delivery, it is understood
that discussions are ongoing between the applicant and the land owner.
Should no agreement be reached then the applicant may require to revisit
the matter and any additional amendments to the requirements to provide
the footpath link will require a further application to be submitted for
consideration. The outstanding ownership issues does not impact on the
determination of this application.   
7.13 The other issues raised include adverse impacts on residential amenity
(i.e. noise disturbance, privacy and air pollution), landscape character,
wildlife and eco structure, food production, flood risk, drainage and water
pressure to existing properties. These matters are not considered material
to the assessment of this application, which relates solely to the delivery
timescale of the footpath link. It is also considered that such matters were
fully addressed as part of the Planning Permission in Principle and the
Matters Specified in Conditions approvals

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8. CONCLUSION
8.1 The acceptability of the principle of residential development on the site is
already established, with the granting of planning permission in principle at
appeal.  The proposed variation is acceptable as it would reduce health
and safety risks to residents pedestrians while still ensuring that the
footpath is delivered to promote pedestrian access between two phases of
the development. .  
8.2 As the effect of granting planning permission for a Section 42 application
is that a new and separate standalone permission exists for the
development, those conditions which were attached to the Planning
Permission in Principle are re-imposed to this permission, including
Condition 7, as varied by this permission if approved together with an
additional condition regarding the continuous implementation of both
phases of the development. 
9. CONDITIONS
1. No development shall commence on site until such time as approval of the
detailed design and layout of the residential development (hereinafter
called “the matters specified in conditions”) has been granted by the
planning authority. Any application for approval of matters specified in
conditions shall be submitted before the expiration of three years from the
date of this planning permission in principle and shall include:
a) the overall site layout;
b) the orientation, size, height, design and external appearance of the
proposed houses;
c) the means of drainage and sewage (including perimeter drainage)
which shall incorporate the principles of Sustainable Drainage Systems
(SuDS);
d) details of the full access arrangements (including a swept path analysis
to demonstrate the suitability of the road layout within the site for
refuse vehicles) ;
e) provisions for car parking;
f) boundary walls/fences to be erected and/or retained;
g) existing and proposed site levels and floor levels;
h) hard and soft landscaping for the site;
i) the provision of private open space within each house plot to West
Dunbartonshire Council’s Residential Design Guidance Standards; and
j) provisions for the storage and collection of waste arising from the
development.

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2. Prior to the commencement of development on site, details of the
measures to be taken to protect the existing trees on the site, as identified
in the Tree Survey and Arboricultural Report, dated September 2019, shall
be submitted to and approved in writing by the planning authority. The
approved measures shall thereafter be fully implemented during the
course of all construction works on the site. None of these trees shall be
felled, lopped or topped except as otherwise approved by the authority.
3. Further to Section 4.2 of the approved Extended Phase 1 Habitat Survey
(dated 15 August 2019) the further badger, otter, water vole and bat
surveys and assessments shall be carried out and submitted for approval
by the planning authority as part of the detailed application(s) for the
matters specified in conditions. If no works have commenced on site by 1
August 2021, a new habitat survey shall be undertaken and submitted as
part of the detailed application(s). This shall either confirm that the findings
and recommendations of the original survey remain valid or alternatively
outline further recommendations as required based on current
circumstances.
4. No development shall take place within the development site until the
developer has secured the implementation of a programme of
archaeological works in accordance with a written scheme of investigation
which has been submitted to and approved in writing by the planning
authority. Thereafter the developer shall ensure that the programme of
archaeological works is fully implemented and that all recording and
recovery of archaeological resources within the development site is
undertaken to the satisfaction of the Planning Authority in agreement with
the West of Scotland Archaeological Service.
5. Further to Appendix 4: ‘Flood Risk Assessment’ of the approved
Engineering Assessment and Drainage Report (dated September 2019),
any modification or alterations to the indicative masterplan layout of the
proposed residential development (as shown on approved plan
‘Masterplan’ (Drawing No. 5914(2) S005 Rev E) shall be subject to a
further Flood Risk Assessment. This shall be submitted as part of the
application(s) for the approval of matters specified in conditions.
6. No development shall commence on site until a site-specific Construction
Environmental Management Plan (CEMP) has been submitted to and
approved in writing by the planning authority. The CEMP shall include the
following information:
a) a site management plan including details of the management/storage
of soil and construction materials, of the storage of all waste materials,
and for the parking of all vehicles associated with the construction
operations;

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b) a construction method statement, detailing the hours of construction
operations and deliveries, measures to prevent the transmission of
noise to adjoining residents, and measures to control the spread of
dust from the site;
c) details of wheel-washing arrangements;
d) a construction traffic management plan; and
e) details of construction stage sustainable drainage measures, including
provision for
f) the prevention of pollution of groundwater or surface watercourses.
7. Unless otherwise agreed in writing by the Planning Authority, none of the
houses within the development shall be occupied until bus stops and
shelters have been provided on Craigielea Road, in locations to be agreed
with the Council, as Roads Authority, and Strathclyde Partnership for
Transport. Furthermore a footpath linking these stops with the
development shall be provided prior to the occupation of the 64th
dwellinghouse in the development site.
8. That the development shall be implemented in a continuous programme of
construction commencing with the northern field as Phase 1 and
concluding with the southwestern field as Phase 2.

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Pamela Clifford 
Planning, Building Standards and Environmental Health Manager
Date: 14th February 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.
8.
Representations
Planning Appeal Decisions PPA-160-2030 and
PPA-160-2039
Wards affected: Ward 4 (Kilpartick)