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West Dunbartonshire Council · 17 April 2024
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Agenda
Planning Committee
Date:  Wednesday, 17 April 2024
___________________________________________________________________
Time:  10.00 
___________________________________________________________________
Venue:  Civic Space, Council Offices, 16 Church Street, Dumbarton G82 1QL
___________________________________________________________________
Contact:   Email: Nicola Moorcroft, Committee Officer
nicola.moorcroft@west-dunbarton.gov.uk
committee.admin@west-dunbarton.gov.uk
Dear Member
Please attend a meeting of the Planning Committee as detailed above.
The business is shown on the attached agenda.
Yours faithfully
PETER HESSETT
Chief Executive
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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: 4 April 2024
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PLANNING COMMITTEE
WEDNESDAY, 17 APRIL 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 MINUTES OF PREVIOUS MEETING  5 - 12
Submit for approval, as a correct record, the Minutes of the Meeting of the
Planning Committee held on 13 March 2024.
5 PLANNING APPLICATIONS
Submit reports by the Planning, Building Standards and Environmental Health
Manager, in respect of the following Planning applications:
(a) DC23/211/PPP: Proposed construction of Marine   To Follow
Technology Park comprising industrial units for marine
engineering, fabrication, research and development,
and associated uses; along with site access and associated
infrastructure (in principle) at site of former Carless Oil Terminal,
Erskine Ferry Road, Old Kilpatrick by Malin Group.
(b) DC23/120/FUL: Erection of decking (retrospective) at 13 - 20
57B Broomhill Crescent, Bonhill, Alexandria by
Mr John Graham
6 STREET NAMING AND NUMBERING POLICY        To Follow 
Submit report by the Planning, Building Standards and Environmental Health
Manager, regarding the above.
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PLANNING COMMITTEE
At a Meeting of the Planning Committee held in the Council Chambers, Clydebank
Town Hall, 5 Hall Street, Clydebank, on Wednesday, 13 March 2024 at 10.02 a.m.
Present: Councillors Karen Murray Conaghan, Lawrence O’Neill and
Chris Pollock.
Attending: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager; James McColl, Development
Management Team Leader; Amy Melkevik, Lead Planning
Officer; Nigel Ettles, Principal Solicitor and Lynn Straker,
Committee Officer.
Apologies: Apologies for absence were intimated on behalf of Provost
Douglas McAllister and Councillors Gurpreet Singh Johal, Daniel
Lennie, Hazel Sorrell and Sophie Traynor.
Councillor Lawrence O’Neill in the Chair
MINUTE OF SILENCE
A Minute of Silence was held in remembrance of the Clydebank Blitz.
DECLARATIONS OF INTEREST
It was noted that there were no declarations of interest in any of the items of
business on the agenda.
OPEN FORUM
The Committee noted that no open forum questions had been submitted by
members of the public.
MINUTES OF PREVIOUS MEETING
The Minutes of Meeting of the Planning Committee held on 14 February 2024 were
submitted and approved as a correct record, subject to the Chair of that meeting
being amended from Councillor Lawrence O’Neill to Councillor Gurpreet Singh Johal.
NOTE OF VISITATIONS
A Note of Visitations carried out on 12 February 2024, a copy of which forms
ITEM 4
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Appendix 1 hereto, was submitted and noted. 
Note: Councillors Ian Dickson and June McKay advised that they would not take
part in consideration of the following item of business as neither had been present at
the meeting of the Planning Committee held on 14 February 2024.
PLANNING APPLICATIONS
With reference to the Minutes of Meeting of the Planning Committee held on 14
February 2024,  a report was re-submitted by the Planning, Building Standards and
Environmental Health Manager, in respect of the following Planning application:-
DC23/177/FUL:  Erection of single wind turbine, 30m hub and 43m tip, access
track, substation and associated works at land to East of Broomhill Wood,
Bonhill, Alexandria by Mr Harris Smith.
It was noted that, at its meeting on 14 February 2024, the Committee had agreed to
continue its consideration of this matter in order to allow the applicant to attend and
answer questions from Members. Reference was made to a site visit which had been
undertaken in respect of the application.  After discussion and having heard the Planning
and Building Standards and Environmental Health Manager and the Development
Management Team Leader in further explanation, the Applicant, Mr Harris Smith, and his
solicitor, Mr Waseem Hussain, were heard in answer to Members’ questions.  
After further discussion, the Committee agreed to refuse planning permission citing Policy
6 and Policy 8 as detailed in Appendix 1 of the report in their reasoning for refusal. The
applicant was advised they retained their right of appeal regarding the decision. 
VALEDICTORY – IRENE MCKECHNIE
Councillor O’Neill, Chair, requested that formal thanks be recorded to Irene McKechnie,
who was due to retire later this month after 37 years of distinguished service to the
Council. Councillor O’Neill thanked her for her dedicated work and commitment to the
Planning Committee and wished her a long and happy retirement. 
The meeting closed at 10.49 a.m.
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APPENDIX 1
PLANNING COMMITTEE
NOTE OF VISITATIONS – 12 FEBRUARY 2024
Present: Councillors Lawrence O’Neill and Chris Pollock.
Attending: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager and James McColl,
Development Management Team Leader. 
SITE VISITS
Site visits were undertaken in connection with the undernoted planning applications:-
Old Carman Water Works Site, Cardross Road, Renton, Dumbarton
DC23/210/PPP: Erection of three dwelling houses (in principle) by Mr J McDougal.
Land to East of Broomhill Wood, Bonhill, Alexandria
DC22/190/FUL - Erection of single wind turbine, 30m hub and 43m tip, access track,
substation, agricultural shed and associated works by Mr Harris Smith.
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APPENDIX 2 
DC23/177/FUL:  Erection of single wind turbine, 30m hub and 43m tip, access
track, substation and associated works at land to East of Broomhill Wood,
Bonhill, Alexandria by Mr Harris Smith. 
GRANT full planning permission subject to the following conditions:- 
1. The planning permission for the wind turbine hereby granted shall be for a
maximum period of 25 years and 6 months from the date of the permission.
This period consists of a 25 year period of operation of the turbine followed by
a 6 month period for removal of the turbine, ancillary equipment, associated
hard standing and access track and restoration of the site to its former
condition, or other such condition as agreed in writing as acceptable to the
Planning Authority in accordance with the terms of Condition 6 below. 
2. Unless otherwise agreed in writing by the Planning Authority, should the
turbine cease to generate electricity for a continuous period of 6 months, the
turbine, ancillary equipment, associated hard standing and access track shall
be removed.  Restoration of the site to its former condition, or other such
condition as agreed in writing as acceptable to the Planning Authority in
accordance with the terms of Condition 6 below, shall thereafter take place
within 6 months. 
3. All external colours of the turbine and associated equipment cabinet shall be
agreed with the Planning Authority prior to the commencement of works and
shall be implemented as approved. 
4. No turbine, transformer building or any other above ground infrastructure shall
be illuminated or display any name, logo, sign or advertisement (other than
health and safety signage) unless and until otherwise approved in writing by
the Planning Authority. 
5. Within one year of the date of this consent, the turbine operator shall submit
an Outline Decommissioning, Restoration and Aftercare Scheme (the Outline
Decommissioning Scheme) for the Turbine development, for the written
approval of Planning Authority.  The Outline Decommissioning Scheme shall
include (but not necessarily be limited to) details of: 
a) Works for the decommissioning and removal of the turbine (together
with the foundations to a depth of at least one meter) and all above
ground ancillary infrastructure and equipment;
b) The treatment of any ground surfaces including access tracks,
hardstanding areas and any sub-surface elements including cabling to
restore the site to its former condition, or other such condition as is
agreed in writing by the Planning Authority;
c) Environmental management provisions, including waste management;
d) A decommissioning timetable;
e) Appropriate aftercare following site restoration; and
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f) How and when the Outline Decommissioning Scheme will be reviewed
during the operational life of the development. 
The approved Outline Decommissioning Scheme shall be implemented as
approved, unless otherwise agreed in writing by the Planning Authority. 
6. No later than 12 months prior to the decommissioning of the development, or
the expiration of the 25 year period of operation (whichever is earlier), a
detailed Decommissioning, Restoration and Aftercare Scheme, which takes
account of the latest version of the Outline Decommissioning Scheme
(approved under Condition 5) and which also takes into account of the current
best environmental practice, shall be submitted to and approved in writing by
the Planning Authority.   
The development shall be decommission, the site restored and aftercare
thereafter in accordance with the scheme approved as part of this condition,
unless otherwise agreed in writing in advance by the Planning Authority. 
7. Unless otherwise agreed in writing by the Planning Authority, if the wind
turbine fails to generate electricity for a continuous period of 12 months, the
turbine shall be deemed to have ceased to be required, and a scheme that
takes cognizance of Condition 6, setting out how the wind turbine and
associated infrastructure will be removed from the site, the ground restored
and aftercare carried out, shall be submitted for the written approval of the
Planning Authority no later than one month after the date of the expiry of the 6
months. 
The scheme approved shall be implemented within 12 months of the date of
its approval. 
8. In order to ensure compliance with Condition 7, the wind turbine operator shall
submit 12 monthly generation and output figures to the Planning Authority to
evidence that the turbine is continuing to generate electricity and the 12
monthly reporting cycle shall commence from the date the turbine is
commissioned (turned on). 
9. Notwithstanding the approved plans, all recommendations within the
Preliminary Ecological Appraisal dated December 2022 shall be followed to
the satisfaction of the Planning Authority. 
10 That prior to works commencing on site a traffic management plan indicating
the proposals for the construction and delivery of the turbine and all
associated construction material shall be submitted to the Planning Authority
for their written approval, and shall thereafter be implemented as approved.
The statement shall include the following information: 
a)  The intended turbine transportation route including swept path
analysis, timings and methodology.
b)  All temporary works including relocation of signs, guardrails, bollards,
street furniture and all temporary measures.
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c)  Any alteration to the public road network.
d)  Details of the construction compound including staff car parking.
e)  Details of proposed signage during the delivery and construction
period.
f)  Any necessary mitigation.
g)  Details of the type, weight, frequency and number of delivery and
construction vehicles inclusive of those delivering all associated
construction materials, for example, hardcore and associated tonnage.
h)  Details of wheel washing facilities.
i)  A condition report based on a joint survey of the proposed route to
ensure that all temporary alterations and any damage to the road
network are made good. 
11. No development shall take place within the development site until the
developer has secured the implementation of an archaeological watching
brief, to be carried out by an archaeological organisation acceptable to the
Planning Authority, during all ground disturbance.  The retained
archaeological organisation shall be afforded access at all reasonable times
and allowed to record, recover and report items or interest and finds.  A
method statement for the watching brief shall be submitted by the applicant
and agreed in writing with the Planning Authority in consultation with the West
of Scotland Archology Service prior to the commencement of the watching
brief. 
The name of the archaeological organisation retained by the developer shall
be given the Planning Authority in writing prior to any works on site. 
12. Prior to the commencement of development full details of the surface water
drainage system shall be submitted for the written approval of the Planning
Authority and shall be implemented as approved prior to the occupation of the
building.  The drainage system shall incorporate the principles of Sustainable
Drainage Systems within its design, and shall thereafter be implemented as
approved. 
13. In accordance with ETSU- R- 97 (Simplified Method) the noise from the wind
turbine shall not exceed an LA90(10min) of 35dB at the boundary of the
curtilage of any noise sensitive premises at all times at wind speeds of up to
10 metres per second at 10m height as measured within the site. 
14. Prior to the installation of the turbine, the developer shall submit a report for
approval by the Planning Authority which demonstrates compliance with the
noise limits in Condition 13 above.  The report shall be prepared in
accordance with reference to the Institute of Acoustics Good Practice Guide
to the Application of ETSU-R-97 and associated supplementary guidance
notes. 
15. Prior to the installation of the turbine, the applicant shall provide written
confirmation to the Planning Authority that the noise from turbine operation
will be broad-band with no discernible tonal characteristics. 
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16. Within 14 days from the receipt of a written request from the Planning
Authority or following a complaint to the Planning Authority from the occupant
of a dwelling regarding noise from the wind turbine operation, the wind turbine
operator shall, at the wind turbine operator’s expense, employ an independent
consultant approved by the Planning Authority to assess the level of noise
emissions from the wind turbine at the complainant’s property following
procedures to be agreed with the Planning Authority.  The wind turbine
operator shall provide to the Planning Authority the independent consultant’s
assessment and conclusions regarding the said noise complaint, including all
calculations, audio recordings and the raw data upon which those
assessments and conclusions are based.  Such information shall be provided
within 28 days of the date of the written request of the Planning Authority
unless otherwise extended in writing by the Planning Authority.  The wind
turbine operator shall take such remedial action as required by the Planning
Authority. 
17. Wind speed, wind direction and power generation data shall be continuously
logged and provided to the Planning Authority in a format to be agreed at its
request and within 28 days of such a request.  Such data shall be retained by
the operator for a period of not less than 12 months. 
18. No development shall commence on site until details of a nominated person
have been submitted in writing to the Planning Authority for the development
who will act as a point of contact for local residents (in connection with
conditions 13 - 17), together with the arrangements for notifying and
approving any subsequent change in the nominated representative.  The
nominated representative shall have responsibility for liaison with the Planning
Authority in connection with any noise complaints made during the
construction, operation and decommissioning of the wind turbines. 
19. During the period of construction, all works and ancillary operations (including
piling) which are audible at the site boundary (or at such other place(s) as
may first be agreed in writing with the Planning Authority), shall be carried out
between the following hours unless otherwise approved in writing by the
Planning Authority: 
Mondays to Fridays:  0800-1800
Saturday:    0800-1300
Sundays and public holidays: No working 
20. During the period of construction no delivery or removal of material from the
site shall take place outwith the hours of 8am to 6pm Mondays to Fridays and
8am to 1pm on Saturdays, and not at all on Sundays or Public Holidays
unless otherwise approved in writing by the Planning Authority. 
21. The applicant shall ensure that all works carried out on site are carried out in
accordance with the current BS5228, 'Noise control on construction and open
sites'. No further development shall commence on site until such time as a
noise control method statement for the construction period has been
submitted to and approved in writing by the Planning Authority.  This
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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 sources upon nearby
residential properties and other 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. 
22. Before any further plant and machinery is used on the premises it shall be
enclosed with sound insulating material in accordance with a scheme which
shall first be approved in writing by the Planning Authority.  The sound
insulation measures shall thereafter be retained. 
23. Within 14 days from the receipt of a written request from the Planning
Authority or following a complaint to the Planning Authority following a
complaint alleging shadow flicker nuisance, the wind turbine operator shall at
the wind turbine operator’s expense: 
a) Employ an independent consultant approved by the Planning Authority
to assess the conditions likely to be causing the incidences of shadow
flicker to which the complaint relates.
b) Within 28 days of receipt of the written request from the Planning
Authority, the wind turbine operator shall submit to the Planning
Authority, the independent consultant’s report on shadow flicker,
detailing any amendments to the operation of the wind turbine
necessary to mitigate any further incidences of shadow flicker, for the
written approval of the Planning Authority.  The turbine shall thereafter
operate in accordance with the amendments to operation as approved. 
24. Notwithstanding the approved plans, and prior to any works on site, a further
submission which demonstrates an understanding on how the proposal
enhances biodiversity beyond the current baseline shall be submitted to and
approved in writing by the Planning Authority.  All measures shall then be
implemented as approved. 
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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 17th April 2024
DC23/120/FUL: Erection of decking (retrospective) at 57B Broomhill
Crescent, Bonhill, Alexandria by Mr John Graham.
1. REASON FOR REPORT
1.1 An elected member has requested the application to be determined by the
Planning Committee and this has been agreed in conjunction with the
Convenor of the Planning Committee and the appointed officer. 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.
3. DEVELOPMENT DETAILS
3.1 The application site comprises a two storey, semi-detached dwellinghouse
situated on the northern side  of Broomhill Crescent in Bonhill, Alexandria.
Externally the dwellinghouse is finished in a mix of brown facing brick and
cream dry casted render for the external walls and a brown, concrete tiled
roof. The property benefits from front and rear garden areas together with
a driveway and shed located to the side. The rear gardens within this part
of Broomhill Crescent are steeply sloped upwards from the rear
dwellinghouses. The dwellinghouse is situated within a well-established
residential area with a variety of dwellinghouses of a similar design theme.
An area of woodland lies to the rear.
3.2 An area of timber decking has been erected to the rear of the
dwellinghouse. From the rear of the house, the decking extends from the
rear wall by 3.8m and at a height level to the rear door of the dwellinghouse.
This element of the decking would not alone require the benefit of planning
permission. Two elevated sections of decking (lower and upper) have been
constructed over the steeply sloping section of the garden. A set of stairs
leads from the ground level to the lower deck. The platform of this deck sits
1.47m above the level of the ground level deck with the addition of the
balustrade giving a total height of 2.44m. The lower deck measures 2.79m
in depth. From this level there is a further set of stairs to the upper deck.
The platform of the upper deck sits 1.13 m above the level of the lower level
ITEM 5b
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deck. The upper deck measures 2.74m in depth. As part of the application
process, the upper deck has been amended to include a large planter which
covers the majority of the area of the upper deck. It is further proposed to
construct a new timber screen fence to the boundary with 59 Broomhill
Crescent. The fence is situated upon the upper and lower deck levels and
measures 1.8m in height from the platform of each deck level. 
3.3 The deck itself has already been constructed and was subject of a planning
enforcement enquiry. As such the application is considered in retrospect.
The boundary fence and planter at the upper deck have, however, not been
constructed.
4. CONSULTATIONS
4.1 None required.
5. REPRESENTATIONS
5.1 Representations have been received from four neighbouring residents.
Three of these indicate support and one sets out an objection to the
proposal across three separate submissions. The full details are contained
within the planning file and are available for public viewing. However, the
points raised can be summarised as follows:
5.2 In objection:
• Concerns regarding the height of the deck;
• The height of the decking and privacy fence looks over the objector’s garden
creating a feeling of enclosure;
• Proximity and height of the deck means that from the decking there are full,
uninterrupted elevated and close views of the objector’s garden, kitchen,
upper rear bedroom and bathroom;
• Overshadowing and loss of daylight created;
• The decking covers 100% of the rear garden and therefore is not in keeping
with local development. Whilst there are other decks within the estate, none
are of this scale;
• Inaccuracies within the plans meaning the existing raised ground level has
not been included within the measurements;
• Changing the top tier to planting will mean that maintenance is required;
• The size of the “planting deck” is excessive;
• The deck is a fire risk; and
• Impression on potential buyers should the objector try to sell their property.
5.3 The representations in support highlight that those submitting the
supporting comments have no concerns or objections to the application
proposal. 
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5.4 The matters of concern raised above are addressed in Section 7 below. 
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN 
National Planning Policy 4 
6.1 Policy 1 relates to tackling the climate and nature crises and states that
when considering all development proposals significant weight will be given
to the global climate and nature crises. 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. Development proposals
that are poorly designed, detrimental to the amenity of the surrounding area
or inconsistent with the six qualities of successful places, will not be
supported in accordance with Policy 14. Policy 16 supports householder
development proposals where they do not have a detrimental impact upon
the character of the property and surrounding area, and do not have a
detrimental effect upon neighbouring properties. 
6.2  The matters relevant to the assessment against the above policies are
addressed in detail in Section 7 below. Based on that assessment, it is
concluded that the proposal is in accordance with NPF4. 
West Dunbartonshire Adopted Local Plan 2010 
6.3 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. The requirement
for proposals to be appropriate to the local area inclusive of design and the
effect on privacy is highlighted. Considering residential amenity, Policy H5
seeks to protect, preserve and enhance the residential character and
amenity of existing residential areas at all times. 
6.4  The proposal complies with the 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. 
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7.2     Policy CP1 of LDP2 seeks to ensure that all development takes a design
lead approach and seeks to protect and enhance the amenity of existing
communities. Policy H4 sets out that that the Council will protect, preserve
and enhance the residential character and amenity of existing residential
areas at all time.  It is consider that the proposal presents no conflict with
the relevant policies of LDP2. 
Principle of Development
7.3 The erection of an area of timber decking within the rear curtilage of a
dwellinghouse situated within an established residential area is acceptable
in principle subject to all material considerations being addressed. This type
of development is commonly found within residential areas and the
development in principle complies with the adopted and proposed Plan. 
Design and Appearance
7.4  The decking, whilst large in nature, is located within a rear curtilage. The
rear gardens in this part of Broomhill Crescent rise steeply upwards towards
an area of tree planting which is a designated Tree Preservation Order
dating from 1952. Whilst glimpses of the decking can be seen from the
street, between the houses, due to the incline of the gardens and the tree
cover behind, the decking is not out of keeping with the visual appearance
of the area from any public vantage points. Whilst large in scale, covering
the whole of the rear garden grounds, the deck has provided additional
usable space for the applicant within a garden, the usability of which is
severely limited by its topography. 
7.5  The design of the decking has altered slightly through the planning
application process. Originally the design saw decking extending from the
rear of the dwellinghouse and up a further two levels. Whilst the two levels
remain the top level design is proposed to be altered to include a large
planter covering the majority of the level. This would prevent the day to day
use of the most elevated part of the deck, including as a seating area for
example. 
Impact on Residential Amenity 
7.6  In assessing areas of raised decking, a balance must be sought between
the creation of an outside area for residents to relax and enjoy good
weather, and ensuring that neighbouring residents are not unacceptably
disturbed by any activity associated with the decking and the transference
of activity directly from the house to the decking. It must be ensured that the
decking is not of a size that affords residents the opportunity to undertake
a wide range of functions throughout extensive periods of the day and
evening to the extent that regular and/or continuous activity may impinge
upon the enjoyment of neighbouring gardens. The rear garden has an
approximate footprint of 75sqm which is an average sized garden. However,
approximately 45sqm of this is steeply sloped leaving only 30sqm of garden
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space. The addition of the lower level deck adds 22sqm to the usable space
of the garden with the top level being used as a planting area. it is not
considered that an area of decking of this size would result in a level of
activity that could unacceptably disturb neighbouring residents. 
7.7 The second amenity consideration in this case is that of overlooking and
loss of privacy. It must be considered whether the decking constructed
leads to additional and unacceptable overlooking and loss of privacy
beyond the established position. Neighbouring residential properties lie to
both sides the application site and a degree of overlooking and intervisibility
between properties already occurs from upper windows. The steeply
sloping nature of the rear gardens at this location also results in any resident
being able to access an elevated position within their garden and this results
in additional overlooking and intervisibility between properties. The decking
erected must be considered in this context. The decking covers 100% of the
garden space and is on the boundary of both neighbouring properties. It is
proposed that a fence is added to both raised levels of decking at a height
of 1.8m in height between numbers 57B and 59. In addition, as mentioned,
the top level has been amended to ensure that it does not function as a
widely usable space including as a seating area which could have the
potential to unacceptably disturb neighbouring residents due to the elevated
position. Whilst a degree of overlooking occurs between the properties, due
to the pre-development slope of the garden, it would always have been
possible for those residing at 57B to be at an elevated position within the
garden and view the rear of neighbouring properties. The removal of the top
deck as a useable space and the addition of boundary fencing strikes a
balance between creating usable space for the application site as well as
limiting overlooking between properties. As such it is considered that no
unacceptable levels of overlooking are created. 
7.8 Overall, it is considered that the decking constructed would not result in any
unacceptable overlooking and loss of privacy beyond the established
position and accordingly no unacceptable impact on the privacy and
amenity of neighbouring residents occurs. 
7.9 When viewed from the neighbouring garden of 59 Broomhill Crescent, the
deck sits at a higher level than anything within that garden. However, as the
garden of 57B is steeply sloped the deck does sit upon existing ground
levels at points. It is the addition of the privacy screening which increases
the height significantly. Given the concerns raised by the neighbouring
property regarding privacy, it is considered that  whilst the fence does
increase the height of the development, particularly as seen from
neighbouring gardens, it is an essential part of the development in order to
reduce impacts on privacy. On balance, there are no concerns of the height
of the deck and fence as proposed. Due to the proposals location to the
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west of the objector’s garden it is not considered that any overshadowing
will be created. 
Representations Received
7.10 A range of matters were raised in the objections received, many of which
are already addressed as part of the main assessment set out above. In
considering the points not already addressed above, concerns have been
raised that changing the top deck to include a planter will require
maintenance. Whilst this is accurate, the garden slope was previously
grassed which would also have required maintenance. The size of the
planter has been noted by the objector as being excessive. This has been
done in order that the top deck is not a usable space for the applicant to sit.
This elevated position provides the best views of neighbouring properties
and as such the large size is proposed as a compromise to limit the time
spent upon this level. 
7.11 Inaccuracies within the plans meaning the existing raised ground level has
been noted as the ground level has been highlighted. Whilst the drawings
do not specifically note the level at which the deck sits above what was
existing ground level before the deck was erected, the application is in
retrospect and as such the impact of the deck can be fully seen. 
7.12 As is assessed above, it is concluded that that no additional and
unacceptable overlooking, loss of privacy, overshadowing or loss of daylight
arises as a result of the decking constructed. Any perceived impact upon
property values or impressions to prospective buyers is not a material
planning consideration. Concerns regarding fire risk are noted but these
alone would not warrant the refusal of a planning application. 
7.13 The representations in support are noted inclusive of the view that the
adjoined property has no concerns regarding the proposal. 
8. CONCLUSION 
8.1 With the proposed modifications to the upper level and addition of screen
fencing to the boundary with no.59, it is considered that the decking erected
is acceptable both visually and in respect of the amenity of neighbouring
residents. The development also presents no conflict with both the adopted
West Dunbartonshire Local Plan together with the proposed West
Dunbartonshire Local Development Plan 2 as well as National Planning
Framework 4. 
9. CONDITIONS 
1. Notwithstanding the approved plans, the planter located on the upper deck
as detailed in drawing PL-806-01 Rev B Original, Existing & Proposed Site
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Plans & Sections, shall be created within 8 weeks of the granting of this
permission. Thereafter the planter shall remain in place upon the deck for
the lifetime of the development. 
2. Notwithstanding the approved plans, the boundary screen fence as detailed
in drawing PL-806-01 Rev B ‘Original, Existing & Proposed Site Plans &
Sections’, shall be erected within 8 weeks of the granting of this permission,
with the final design and location details agreed in writing with the Planning
Authority prior to erection. Thereafter the boundary fence shall remain in
place upon the deck for the lifetime of the development. 
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager 
Date: 17th April 2024 
Person to Contact: Pamela Clifford, Planning & Building Standards
Manager 
Email: Pamela.Clifford@west-dunbarton.gov.uk   
James McColl, Development Management Team
Leader 
Email: James.McColl@west-dunbarton.gov.uk  
Appendix: Location Plan   
Background Papers: 1.  Application forms and plans 
2.  Representations 
3.  National Planning Framework 4 
4.  West Dunbartonshire Local Plan 2010 
5.  Proposed West Dunbartonshire Local
Development Plan 2 2020, as amended   
Wards affected: Ward 2 (Leven) 
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¯
Reproduced by permission of Ordnance Survey on behalf of HMSO. (C) Crown copyright and database right 03/04/2024.
All rights reserved. West Dunbartonshire OS Licence Number 100020790.
Scale: 1:1,250@A403/04/2024
DC23/120/FULWest Dunbartonshire
Council
16 Church Street
Dumbarton
G82 1QL
ITEM 5b -
APPENDIX 1
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