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Item 7 - DC02 447 Appeal Decision Extension to Quarry, Sheephill Quarry, Milton, Dumbarton

West Dunbartonshire Council · 8 June 2022
Back to Planning Committee — 8 June 2022 and its agenda

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WEST DUNBARTONSHIRE COUNCIL 
Report by the Chief Officer - Regulatory and Regeneration 
Planning Committee: 8th June 2022 
___________________________________________________________________ 
Subject: Appeal Decision  - DC02/447: Extension to Quarry, Sheephill
Quarry, Milton, Dumbarton (PPA-160-2034) 
1. Purpose 
1.1 To provide the Committee with an update regarding the appeal decision for
the above application, further information relevant to the Review of Minerals
Permission application (ROMP) and the Scheduled Monuments Permission. 
2. Recommendations 
2.1 That the Committee notes the outcome of the appeal and the current
situation regarding the ROMP and Scheduled Monument Consent.     
3. Background 
3.1 The Committee will recall that the above application was refused by the
Council in March 2021. Shortly after, the appellant appealed the decision to
the Planning and Environmental Appeals Division. The February 2022
Planning Committee  was advised a “Notice of Intention” was issued by the
Reporter that he was minded to allow the appeal and grant planning
permission subject to 39 conditions and following the signing and registering
or recording of a planning obligation under section 75 of the Town and
Country Planning (Scotland) Act 1997 or some suitable alternative
arrangement, securing a bond sufficient to cover the expected restoration
and aftercare works for the quarry extension.  The legal agreement also
relinquish all rights to quarry or otherwise extract rock from the excambion
area adjacent to Milton Hill.  The Reporter had given the appellant and the
Council up to a 12 week period to conclude the planning obligation.  The
principle of such a bond had been previously agreed between the appellant
and Council officers and it is necessary to ensure that the quarry extension
site is restored after it has been worked. 
4.  Main Issues              
4.1 The Council advised the Reporter that a planning obligation under Section
75 of the Act, as detailed above has been submitted to and acknowledged
by the Keeper of the Registers of Scotland. As a result the Reporter issued
the planning decision notice for the above extension on 9th May 2022. The
Reporter in reaching the decision on balance found that the proposal was in
accordance with the development plan and the reasons and justification for

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the approval were detailed in the report to February 2022 Planning
Committee which is contained in Appendix 1 and a copy of the planning
decision notice.   
4.2     The Reporter’s decision is final. However there is a right of appeal to the
Court of Session within 6 weeks of the date of the appeal decision however
this could only be made on a point of law.  It is considered the conclusions
and decision reached by the Reporter are reasonable and justified and there
are no points of law which could form grounds for an appeal to the Court of
Session. 
Award of Costs 
4.3     The appellant submitted a claim for an award of costs to the Reporter for the
appeal.  The Council refused the extension area because of the effect it
would have on amenity of the area and on the residents of nearby
properties. The appellant submitted that the council acted unreasonably
because it failed to give complete, precise and reasons for refusal; reached
its decision without reasonable planning grounds for doing so; and refused
the application solely on the grounds that it did not accord with the provision
of the development plan and without having regard to other material
considerations. 
4.4      The  Reporter found, although the Council’s reason for refusing the
application was brief and makes no reference to any policies in the
development plan and does not explicitly apply the test in Section 25 of the
Act, he was not persuaded that the reason given is not sufficiently “complete,
precise and relevant” to quote the Circular. In terms of the effects on
residential amenity, the Reporter found a lack of technical evidence as to the
effects from noise, vibration and dust and failed to identify why such effects
would be significant for nearby properties or identify which those properties
are.  The Council had failed to demonstrate any reasonable planning
grounds for its decision in relation to noise, vibration and dust and the
Reporter considered it to be unreasonable behaviour. On the appellants third
point the Reporter agreed that the appeal proposal required to be considered
on its own merits and separate from the ROMP decision.  The Reporter did
not consider that the Council acted unreasonably in not making reference in
its decision to the condition in the ROMP consent which would prohibit
extraction in the excambion area. The Council did not seek to bring in the
hours of operation of the quarry as an additional reason for refusal as this
was controlled by a planning condition, the terms of which were not a matter
of dispute between the council and the appellant. 
4.5       A partial award of the appellant’s expenses in addressing only these matters
(being effects of noise, vibration and dust on nearby residential properties)
was granted.  It was concluded that the council has acted unreasonably by
not being able to support with reasonable planning grounds, its reasons for
refusal as it relates to the effects of noise, vibration and dust on nearby
residential properties.

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Update on Review of Minerals Permission (ROMP)       
4.6      It was previously advised to Committee that the quarry operator  is appealing
the conditions contained within the ROMP Decision Notice and had
requested that the ROMP application should be determined only subject to
the conditions set out in the Decision Notice with the exception that condition
2 in the Decision Notice should be deleted.  Condition 2 excludes the Milton
Hill area from quarrying. The quarry operator previously had advised that
once the Decision Notice is issued, and planning permission granted, for the
extension area the quarry operator has agreed to withdraw the appeal
against the ROMP conditions. The appellant’s agent has advised that this
will take place once the timescale for the appeal to the Court of Session for
the extension area has passed. 
Scheduled Monument Consent
4.7   Historic Environment Scotland on 21st November were minded to grant
Scheduled  Monument Consent for quarrying  operations which affect the
Scheduled Monument. This was subject to a number of conditions regarding
the excavation, recording and publishing of findings regarding the Sheephill
Fort. The application is still awaiting a decision from the Scottish Ministers
who have extended the time period for consideration. To date no decision
has been issued by the Scottish Ministers.     
5. People Implications 
5.1 There are no personnel issues. 
6.   Financial and Procurement Implications 
6.1 As indicated in section 4 above the  quarry operator has made a claim
against the council for the award of its expenses in making the appeal
against the refusal of the extension application.  The Council opposed any
award of expenses. The Reporter has found the council liable to the
appellant in respect of the expenses of the appeal. This is a partial award
and the council and the appellant are expected to agree expenses between
themselves. However if this is unsuccessful it will be remit the account to the
Auditor of the Court of Session to decide on a party/party basis. 
6.2      The award of expenses will be paid from the Planning and Building Standards
budget.  When  the withdrawal of the appeal of the ROMP and the 
agreement  of the ROMP between the Council and quarry operator the 
significant financial implications for the Council of excluding the Milton Hill
area from quarrying will be removed.

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7. Risk Analysis 
7.1 A risk assessment is not required. 
8. Equalities Impact Assessment (EIA) 
8.1       There are no equalities issues identified. 
9. Consultation 
9.1 Consultation was carried out during the planning and appeal processes.   
10. Strategic Assessment 
10.1     The ROMP and extension application supports the strategic priorities of the
Council. 
Peter Hessett
Chief Officer – Regulatory and Regeneration 
Date: 8th June 2022
______________________________________________________________ 
Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk 
Appendices:   Appendix 1 – 16th February 2022 Planning Committee 
report 
Background Papers:   Appeal Decision Notice – DC02/447                                              
Claim for an Award of Expenses Decision Notice –                                                
DC02/447 
Planning Committee Reports      
-11th March 2020 
- 11th November 2020
- 26th January 2021 
- 3rd March 2021
- 10 November 2021   
Wards affected:  Ward 3 (Dumbarton)