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Supplementary Document Pack (Bookmarked) Planning Committee 08.06.2022

West Dunbartonshire Council · 8 June 2022
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Supplementary
Agenda
Planning Committee
Date:  Wednesday, 8 June 2022
___________________________________________________________________
Time:  10.00 a.m.
___________________________________________________________________
Format:  Hybrid Meeting
___________________________________________________________________
Contact:   Gabriella Gonda, Committee Officer
Email: Gabriella.Gonda@west-dunbarton.gov.uk
Dear Member
ITEM TO FOLLOW
I refer to the agenda for the above meeting that was issued on 25 May 2022 and
now enclose copy of Item 6, which was not available for issue at that time.
Yours faithfully
JOYCE WHITE
Chief Executive
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Note referred to
6 TREE FELLING WITHIN AREA COVERED BY BRUCEHILL CLIFFS TREE
PRESERVATION ORDER      163 - 206
Submit report by the Chief Officer – Regulatory and Regeneration advising of
tree felling within the Brucehill Cliffs Tree Preservation Order area and
agreeing replanting/landscaping proposals for the affected area. 
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Distribution:-
Councillor Lawrence O’Neill (Chair)
Councillor Gurpeet Johal (Vice Chair)
Councillor Karen Conaghan
Councillor Ian Dickson
Councillor Diane Docherty
Councillor Daniel Lennie
Provost Douglas McAllister
Councillor June McKay
Councillor Chris Pollock
Councillor Hazel Sorrell 
All other Councillors for information 
Date of Issue: 1 June 2022 
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory and Regeneration
Planning Committee: 8 June 2022
_____________________________________________________________
Subject: Tree felling within area covered by Brucehill Cliffs Tree Preservation
Order
1. Purpose
1.1 To advise the Committee of tree felling within the Brucehill Cliffs Tree
Preservation Order area and to agree replanting/landscaping proposals for
the affected area.
2. Recommendations
2.1 It is recommended that the Committee:
(1) note the replanting/landscaping proposals attached as Appendix 3; and
(2) agree the additional condition for planning application DC21/211 in
Appendix 2.
3. Background
3.1 In September 2021 the Council made a tree preservation order covering a
woodland area at Brucehill Cliffs Dumbarton (TPO, WDC13, 2021). This
was in response to concerns that proposals for residential development
surrounding Craigend House, off Cardross Road would result in the loss of
trees. Following a consultation exercise, the Planning Committee of 2
March 2022 confirmed the Tree Preservation Order. Subsequent detailed
discussions between the Planning Service and the applicant resulted in the
application being amended to minimise tree loss within the Tree
Preservation Order area. On 30 March 2022 the Planning Committee
approved planning application (DC21/211) – residential development
comprising 81 dwellings with associated access, parking, landscaping,
open space and drainage on land surrounding Craigend House, Cardross
Road, Dumbarton. The application was approved subject to conditions and
the Committee report and conditions is contained in Appendix 1 and the
additional conditions reported and imposed by the March Planning
Committee. The decision notice relating to this development has not been
issued by the Council to date.
3.2 On 4 April 2022, the Planning Service received reports that trees were
being felled on the Cardross Road development site. A planning officer
from the Council attended on 4 April and requested that all tree felling
ITEM 6
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cease. The officer attended again on 5 April and requested that all works
on the site cease. It is understood that no further works have taken place
on the site since 5 April. The Council received correspondence from the
developer on 7 April 2022 apologising for the felling of trees within the Tree
Preservation Order area and explaining that this has happened because
contractors had been given a superseded plan showing the location of
trees to be felled (as previously explained, the plans for the site changed
as a result of discussions between the Planning Service and the applicant).
4. Main Issues
Extent of tree loss
4.1 The Council requested that the developer undertake a survey to detail the
extent of tree loss within the Tree Preservation Order area. The Council
has also undertaken its own survey and an agreed position on felled trees
has been reached, as set out in within Appendix 3. Thirty–three trees have
been felled, one of which was approved for removal as part of planning
application DC21/211. This figure includes a number of smaller/younger
trees (13) which had not been included in previous tree surveys owing to
age/size, but are still protected owing to the woodland nature of the Tree
Preservation Order.
4.2 The felling of the trees has caused real disappointment and upset within
the local community and for officers of the Council who had worked
extremely hard to ensure that the trees, some of which are estimated at
over 100 years old, were protected. Fourteen representations have been
received from members of the public with regard to the felling of trees in
the Tree Preservation Order area.
Reporting the tree felling
4.3 The Council has made an initial submission to the Procurator Fiscal
regarding the felling of trees. If the fiscal decides to pursue a prosecution,
under the Town and Country Planning (Scotland) Act 1997, it can be
prosecuted summarily or on indictment. If the fiscal decides to prosecute
summarily, the maximum fine is £20,000. If the fiscal decides to prosecute
on indictment, there is no limit to the fine that may be imposed. There is no
maximum fine per tree, although, when deciding on the penalty to be
imposed, the court would presumably take into account the number of
trees that have been destroyed.
4.4 Scottish Forestry has also been advised of the tree felling as Felling
Permission, under the Forestry and Land Management (Scotland) Act
2018, may have been required for the tree works undertaken. Whilst
development with planning permission would normally be exempt from
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requiring felling permission, as the planning permission has not been
issued, this is not applicable. Scottish Forestry are investigating the matter.
This could result in a separate report to the Procurator Fiscal and a fine of
up to £5,000 per tree felled.
Planning Application (DC21/211)
4.5 As indicated in paragraph 3.1 the decision notice has not been issued for
the above planning application. Council legal advice indicates that, as the
decision notice has not been issued, the application could be reconsidered
by the Planning Committee. In order to reconsider the matter, the
Committee would first have to suspend the Standing Order that prohibits
reconsidering matters within six months of the original decision. However,
court decisions suggest that a planning authority cannot change its mind in
this way unless there has been a change of circumstance since the
Committee originally considered the matter. In any event, the planning
authority would need to have planning grounds for refusal – so there would
need to be material considerations which justify refusal. The conduct of the
developer in removing trees would not be a material consideration and so it
would not give planning grounds for refusing the application. There do not
appear to be any other grounds for refusal, and therefore a decision to
refuse or withhold a decision could be appealed. The site is allocated for
housing development in the Local Development Plan and housing remains
the preferred use for the site from a land use planning perspective. Not
issuing the decision notice could also result in the applicant appealing the
application to the Scottish Ministers on the grounds of non-determination.
4.6 The developer has now submitted replanting proposals and these
proposals are set out in Appendix 3. The main features of these proposals
are:
• Replanting and aftercare within the TPO area to be undertaken in
accordance with a plan to be agreed with the Council, at an overall
replacement ration of 5:1, to be thinned to 3:1 within 10 years. The mix
and planting size of the replacement trees is set out in the proposals.
The replanting area may extend beyond the area originally covered by
woodland;
• Planting design to be integrated with any additional planting being
undertaken along the cliff edge to provide continuity of habitat and
green network linkage with the Havoc Hole woodland corner. A thorny
species woodland edge mix along the cliff face area is proposed and
these species will be replicated throughout the TPO boundary;
• Specimen planting to be undertaken any time after the tree protection
barriers are in place, with bare root planting within the 2022-23
dormant season. Agreement to be reached with the Council re
programme and phasing of works to ensure that any planting works is
not abortive relative to construction;
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• A system of arboriculture supervision and monitoring to be agreed with
the Council;
• No further works until tree protection measures are put in place, and
no tree work arising’s to be removed or relocated within site at this time
unless agreed with Council;
• Existing brash to be chipped and used to return nutrients to soil, for
mulching and suppress weed growth. This will not occur within
woodland area so as to avoid supressing vegetation growth on
woodland floor;
• Removal by hand of sycamore sapling growth that has already taken
place;
• Heavy sections of felled trees in south corner to be made safe and left
in place as deadwood habitat. Some heavy sections to be moved to be
utilised within natural play areas within development, with any surplus
to be offered to Council for greenspace or education projects;
• No stumps to be removed, ground out or grubbed up, but some will be
reduced to ground level to reduce trip hazards.
4.7 The Council’s Planning Service and Biodiversity Officer offered comment
on initial replanting proposals which are reflected in the proposals set out
above. Discussions are ongoing to reach agreement on the final replanting
proposals and a verbal update will be given at Committee. For example, an
issue still to be resolved is the number of trees to be replanted. The
developer has suggested that 75 trees are replanted, based on their initial
assessment of 15 tagged trees having been felled. However, there is now
an agreed position that 33 trees were felled, albeit some of these trees
were too small to be included in initial tree tagging/surveys. Therefore
agreement is still to be reached on the appropriate number of trees to be
replanted, with the Biodiversity Officer suggesting in the range of 75-100
trees would be appropriate. 
4.8 In anticipation of agreement on this and other aspects of the replanting
proposals is achieved, it is proposed that the following additional condition
is attached to planning permission DC21/211:
• No development shall commence on site, until details of tree
replacement proposals shall be submitted for the written approval of
the Planning Authority, and implemented within a timescale agreed by
the Planning Authority.
5. People Implications
5.1 There are no personnel issues associated with this report.
6. Financial and Procurement Implications
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6.1 There are no financial or procurement implications associated with this
report.
7. Risk Analysis
7.1 There are risks associated with refusing or not issuing the decision notice
as set out in paragraph 4.6.
8. Equalities Impact Assessment (EIA)
8.1 There are no equalities impacts associated with this report.
9. Consultation
9.1 The Planning Service has liaised with the Council’s Legal Service and
Biodiversity Officer during the preparation of this report.
10. Strategic Assessment
10.1 This report has no direct impact on the Council’s strategic priorities.
Peter Hessett
Chief Officer – Regulatory and Regeneration
Date: 8 June 2022
_________________________________________________________________
Person to Contact: Pamela Clifford, Planning & Building Standards
Manager
Pamela.Clifford@west-dunbarton.gov.uk
Alan Williamson, Development Planning & Place Team
Leader
Alan.williamson@west-dunbarton.gov.uk
Appendices: Appendix 1: Report to Planning Committee, 30 March
2022: planning application DC21/211, residential
development on land surrounding Craigend House,
Cardross Road, Dumbarton
Appendix 2: additional conditions for planning
application DC21/211
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Appendix 3: AC Land Regeneration Tree Replacement
Proposals
Background Papers: Report to Planning Committee, 2 March 2022:
Brucehill Cliffs Tree Preservation Order
Wards Affected: Ward 3 – Dumbarton
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WEST DUNBARTONSHIRE COUNCIL
Report by the Chief Officer – Regulatory and Regeneration
Planning Committee:  30 March 2022 
_____________________________________________________________
DC21/211/FUL: Residential development comprising of 81 dwellings
with associated access, parking, landscaping, open
space and drainage on land surrounding Craigend
House, Cardross Road, Dumbarton
1. REASON FOR REPORT
1.1 This application relates to a proposal classified as Major Development.
Under the terms of the approved Scheme of Delegation it therefore
requires to be determined by the Planning Committee.
2. RECOMMENDATIONS
2.1 Grant full planning permission subject to the conditions set out in
Section 9 below.
3. DEVELOPMENT DETAILS
3.1 The application relates to land which was formerly occupied by St
Michael’s Primary School and Notre Dame Convent, situated to the
south of Cardross Road, Dumbarton.  After many years of disuse the
site has become derelict and overgrown, and all buildings have been
demolished, including  the former Notre Dame Convent chapel, which
was delisted in October 2016.  The former convent and part of the
school were also listed buildings but had to be demolished because of
damage arising from a series of malicious fires.  The  main vehicular
access  to the development site is from Havoc Road with the existing
access at Cardross Road being used only  as an emergency access,
where pedestrians and cyclists will be able to access the development
from Cardross Road along the existing tree lined avenue.
3.2  To the north and east of the site are the rear of residential properties
whilst to the west is Havoc Road at a lower level.  To the south,
Brucehill Inland Cliff Local Nature Conservation Site and Havoc
Meadows Local Nature Conservation Site and the Craigend House
convent, which will be accessed from Havoc Road now.   The site is
separated from the Havoc playing fields by a cliff edge which ensures
that  the new development will be situated at a significantly higher level
than the adjoining land to the south.  Beyond the playing fields to the
south is the River Clyde which is designated  as a Ramsar, Inner Clyde
Site of Special Scientifc Interest (SSSI) and Special Protection
Area(SPA).    The Helensburgh to Glasgow railway line passes under
Appendix 1
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the site in two tunnels from which it emerges into a cutting that
separates the site from the Westfield cul-de-sac to the north- west.  A
structure containing air shafts for the tunnels is located in the north-
eastern corner of the site.  In total, the site extends to 4.9 hectares,
with levels rising and falling gently across the site.  
3.3 Full planning permission is sought for 81 residential units  for sale
comprising a mix of semi-detached and detached houses. The
development comprises of a range of dwelling sizes as detailed below
• 14 – 3 bed semi-detached houses
• 56 – 4 bed detached house
• 11 – 5 bed detached houses
3.4 The proposed development will provide 11 different house types which
reference different house types and features found in the surrounding
area with all houses being 2 storey in height. The site has been split
into 3 character zones which will reflect the variety of typologies, 
streets and spaces surrounding the site. Materials being proposed
including facing brick, hardieplank, render and dark grey flat and red
pan roof tiles.  
3.5   The developable area of the site is driven initially by the topography 
and landscape features of the site. A significant area of open space,
located primarily at the north end of the site on either side of the
access road, which will be available for use by residents.  In addition,
there will be a landscaped square in the centre of the site  in order to
create a focal point within the development.  The avenue from
Cardross Road leading into the site is lined by trees which are
protected by a Tree Preservation Order. Recently the Council
confirmed a Tree Preservation Order (TPO WDC13,2021) which 
applies to an area of woodland located on the southern edge of the site
and covering the cliff edge and cliff top area of Brucehill Cliffs between
Havoc Road and Craigend House. This preserved area will provide
high quality recreational and amenity area for future residents and the
wider general public. 
3.6 The site has been subject to a number of planning applications over
the years.  Outline planning permission for residential development on
the southern part of the site was granted on appeal in 1994 (ref.
DB1974) and was renewed in 1997 (WP97/169).  Outline planning
permission for residential development on the balance of the site
(excluding the southeast area) was sought in 2002 and granted in 2006
(DC01/448).  DC09/212  for the erection of 86 dwellinghouses and
conversion of chapel into 4 flats was granted consent in January 2010,
however was never implemented.  
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3.7 Supporting technical information includes a Design and Access
Statement, Planning Statement, Pre application Consultation Report,
Transport Assessment Report, Ecology Report,  Tree Survey, Tree
Constraints Plans, Arboricultural Impact Assessment and Tree
Protection Report. 
4. CONSULTATIONS
4.1 Scottish Water and Transport Scotland  has no objection to the 
proposed development.
4.2 Network Rail  have no objection to the proposal subject to suitable
conditions regarding fencing around the perimeter of the tunnel air
shafts and a construction method statement.  
4.3 West Dunbartonshire Council Environmental Health Service has no
objection subject to conditions relating to hours of working, dust,  
railway noise, vibration and contaminated land. 
4.4 West Dunbartonshire Council Biodiversity Officer has no objection to
the proposal subject to an engineers report confirming no detriment to
the integrity of the Brucehill Inland Cliff, a  Biodiversity Action Plan
being drawn up and implemented,  any tree loss being kept to the
minimum and to suitable landscaping and replanting being undertaken
to provide biodiversity enhancements on site. 
4.5 West Dunbartonshire Council Roads Service has no objection to the
proposals on road safety or flooding grounds. 
5. REPRESENTATIONS
5.1 A total of 231 letters of representation have been received including
209 objecting to the development including Silverton and Overtoun
Community Council, Dumbarton West Community Action Group,
Lennox Heritage Society and a Ward elected member. A number of
contributors have submitted a second representation following re-
neighbour notification and being advised of amended plans and the
figure reflects this. Where a contributor has made more than one
representation, these still only count as one representation. The full
versions of each representation are available on the electronic planning
file for the application and available for public viewing but for the
purposes of this report, they have been summarised below:
:
Environment
• The proposed development will destroy the trees which provide
habitat for wildlife;
• The development will lead to erosion of the cliff;
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• There will be a loss of wildlife;
• Potential impact on air quality/ increased pollution;
• The site is already prone to flooding;
• The proposed development should be accompanied by an EIA;
• Development should take place on brownfield land ahead of
greenfield land;
• The latest plans are lacking in sufficient detail as there is no
structural engineers report confirming that the cliffs will not be
damaged by the installation of the SUDS facility;
• A significant Scots Pine tree will be removed.  There is only one of
two on the site and it contributes greatly to the treeline along the
south side of the site. Its loss cannot be accepted;
• Tree number 418 is not identified in the correct location and its
removal is unacceptable. Tree 206, a mature sycamore with a life
expectancy of over 40 years is scheduled to be removed with no
explanation;
• The planting outlined in the submission includes Sea Buckthorn
and it is not native to Scotland and is considered an invasive
species. The landscaping must be sympathetic to the local area
and the proposed Local Nature Reserve to the south.
Residential Amenity
• It will lead to an increase in noise and disruption from
construction noise;
• Increased dust and dirt caused by construction;
• The proposed development will have an impact on privacy of
neighbouring houses;
• The development will result in the loss of an area of green
space used by local residents;
• It will have  an impact on the health and wellbeing of the
community;
• Loss of views to the Clyde.
Design and Layout
• Overdevelopment of the site and the houses too close together;
• There are no flats on the site which was part of the original plans for
the site and the design is not in keeping with the surrounding area;
• Concern over the location of the SUDS pond;
• Concern over the lack of open space;
• A private playground will be constructed only for access by the
children of new residents;
• A wall is being built separating the residents of Brucehill  from the
new development;
• The number of houses should be reduced to c.80 with more green
space retained.
Traffic and Transport
• Increased traffic congestion on Cardross Road;
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• Impact of traffic at the entrance of Brucehill and Havoc Road and
local footpath networks;
• Incorporate a road connecting up with Brucehill and onto Cardross
Road;
• Concern there is only one road into and out of the development;
• Hazardous parking will have a negative impact on local emergency
services;
• The removal of the footpath leaving no accessible entrance to
Clydeshore from Firthview Terrace, Brucehill;
• There should be a road via Brucehill through the new build into
Cardross Road.
Infrastructure
• Concern over stretched health care services and education services
Heritage
• The removal of the iconic chapel statues with no mention of these
statues being gifted to the local community;
• The demolition of the listed Notre Dame Convent Chapel/ the
Chapel should be renovated;
• Implications of the development on Havoc Hole (Wallace’s Cave).
Housing Need
• There is no affordable housing as part of the proposed
development;
• There is no requirement for further houses in Dumbarton;
• The development discriminates against social housing residents
and those with disabilities who wish to purchase a private house.
5.2 There are also 22 representations in support of the proposed 
development and  their comments  are summarised below: 
• The area needs regeneration and has been subject to anti-social
behaviour and flytipping over the years;
• The site is an eyesore and a new development will be beneficial to the
Sisters and the wider community;
• It will bring new people into the area and improve the local economy;
• The present occupants of Craigend House – Carmelite community
have been highly impacted by anti-social behaviour;
• There will be compensational tree planting and a local access from
Brucehill to Havoc;
• The historic Havoc cave is not affected by the proposals;
• The play area will be open to the public.
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6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
West Dunbartonshire Adopted Local Plan 2010
6.1 The site is identified as a housing site under Policy H1 and a Listed
Building opportunity but as explained earlier the building is no longer
listed. A large area of open space to the south of the site is identified
as Local Nature Conservation Site.  Policy UR1 encourages the
redevelopment and re-use of underused, vacant and/or derelict land
and buildings for appropriate uses such as housing. 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 GD1 seeks to ensure that all new
development is of a high quality of design and respects the character
and amenity of the area. 
6.2 Policy R2 specifies the open space provision required for all
developments. Assessment of open space requirements has been
undertaken against the more updated “Our Green Network” Planning
Guidance (2015) in Section 7 below.  
6.3 Policy T1 and T4 requires sites to integrated with sustainable travel.
Policy E4 requires to protect trees covered by Tree Preservation
Orders and Policy E5 relates to trees and requires new development
proposals to consider impacts on trees and incorporate suitable tree
planting.  Policy E3A requires development proposals should not have
an adverse effect on the integrity or character of a local nature
conservation site. Policies F1 and F2 aims to ensure that new
development is not at risk from, and does not increase the risk of
flooding, and has suitable SUDS drainage infrastructure. 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 Plan (LDP2) Proposed Plan  
7.1 The modified LDP2 was approved by the Council in August 2020 and
the Council then advised the Scottish Ministers of its intention to adopt
the Plan. The Scottish Government issued a direction to the Council on
18th December 2020 requiring modifications to the housing parts of
LDP2. None of the policies considered in the determination of these
applications is affected by the Direction. LDP2 is therefore the
Council’s most up to date policy position and has significant weight in
the assessment and determination of planning applications at this time.
7.2 Policy H2 identifies this site for housing. 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,
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adaptable, resource efficient, easy to get to/move around, safe and
pleasant, and welcoming). 
7.3 Policy GI 2,  GI 4, ENV1, ENV4, ENV5 and ENV6 are similar to the
green network, built heritage, tree, water environment and flooding
policies of the Adopted Local Plan albeit that Policy GI 2 sets a higher
open space standard to that of the adopted Local Plan.  Policies 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. 
7.4 Policy CON1 requires that significant travel generating uses are
designed to encourage sustainable transport and Policy CON4 sets out
a need for all developments to install sufficient broadband provisions.
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. It is considered that
the proposals comply with the above policies as discussed below. 
Principle of Development
7.5  The proposed development is appropriate within the surrounding
context of residential development given it is bounded to the north west
and north and east by residential development. The site lies within the
urban area of Dumbarton and it is identified as a housing site within
both the adopted local plan and LDP 2 Proposed Plan, and has a long
history of previous residential permissions on the site. The proposal will
involve the redevelopment of a brownfield site and it represents a 
long-standing part of the Council’s established housing land supply. 
Overall the principle of residential development is acceptable. 
Layout and Design
7.6 The proposed development will provide a series of house types which
reference materials, detailing and features found in the local vernacular
and surrounding housing.  The site has been split into 3 character
zones designed to reflect the variety of house typologies, streets and
spaces surrounding the site: 
• The River Edge – incorporates properties facing south and west
overlooking the River Clyde. These properties will be seen on
approach to the site and from the public open space spaces to the
south of the site. Principle materials will reference a “Scottish
Coastal Aesthetic “using off-white render and red pantile concrete
tiles. These properties relate to the materiality of those on Firth
View Terrace.
• The Residential Area – comprises a mixed material palette of off-
white render mixed with mid grey and red flat profiles concrete roof
tiles reflective of the residential developments which bound the site.
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• The Avenue -  relates to the existing buildings on Cardross and
Havoc Road  reflecting a formal character,  with the principle palette
comprising buff coloured brick, with dark grey flat profile roof tiles
The proposed new homes will also feature a range of energy saving
and low and zero carbon generating technologies including the use of
photovoltaic panels on all dwellings in compliance with LDP policies
SUS1 and DC7. The proposed density and layout of the development
is considered to be acceptable.  The overall form of development has
largely been dictated by the shape and topography of the site, the
position of its access, and by the railway tunnels which cannot be built
over as well as the woodland TPO.  The land above the railway tunnels
will be retained as open space, which will provide an attractive area of
landscaping at the entrance to the site and will contain a play area of
natural play equipment.  
7.7 The layout would ensure that there were no unacceptable overlooking
or privacy issues for the proposed or existing homes, whilst creating an
open and attractive residential environment. The density of the
development is in keeping with the surrounding development form and
achieves open space and amenity requirements and meets the
principles and requirements of the Council’s Residential Development
Design Guidance.  Overall, it is considered that the layout, density and
design of development are appropriate for this site.
Trees, Landscaping and Open Space 
7.8 The Brucehill Cliffs Tree Preservation Order (TPO WDC13, 2021)
applies to an area of woodland located on the southern edge of the 
site, and covering the cliff edge and cliff top area of Brucehill Cliffs,
between Havoc Road and Craigend House. The Tree Preservation
Order includes a mixture of predominantly broadleaved trees, with a
significant number of mature and large specimens present. The trees
form a high quality area of woodland that is prominent in local and
wider views, from Havoc Road to the West, Havoc Fields to the South
and from within the former convent site. Due to their close relationship
with the clifftop environment, the trees make a very significant
contribution to the visual amenity and landscape character of the area.
The cliff, trees, plus ‘Wallace’s Cave/Havoc Hole’ set within the cliff,
together form a significant local landmark and popular cultural and
recreational feature within Dumbarton. They also have a biodiversity
value as an area of mature woodland that forms an integral part of the
clifftop habitat at Brucehill, which itself is designated a Local Nature
Conservation Site for both its ecological and geological importance. 
Although it is not recorded as such, a number of species present are
indicators of ancient woodland. It is also considered that the trees are
an important feature that contribute to the character and biodiversity of
the adjacent proposed Local Nature Reserve at Havoc Fields, and that
the loss of trees could impact on the setting of the Reserve. The Tree
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Preservation Order means that the preservation of trees is a material
consideration in the assessment of the application. 
7.9  During the consideration of the application there have been extensive
discussions regarding the proposed development and its relationship
with the adjacent trees and woodland protected by the above TPO. The
presence of the TPO does not mean that no trees will be lost through
the development but that the significant trees are preserved and the
character of the woodland maintained.  As a result the housing layout
has been amended whereby the curvation of the main access road and
housing plots have been shifted away from the TPO and towards the
north.  This has resulted in the TPO areas to the south east and south
west largely remaining intact and the preservation of all Category A
and B trees. These changes have resulted in the loss of 4 houses and
the number of houses has been reduced to 81 units from the previous
85 units. 
The trees which currently form the avenue from Cardross Road are
located on either side of the existing access road into the site and are
protected by a Tree Preservation Order (TPO) due to the contribution
that they make to the character of the surrounding area.  As this is only
to be used as an emergency access the majority of the trees along the
access will be unaffected. 
7.10 In order to minimise the impact of the proposed tree loss, a condition
would be attached to the planning consent requiring that the trees
identified for removal are marked on site and the proposed buildings
and road pegged out with the aim of retaining  identified trees for
retention and to minimise tree loss. The works will be also overseen
and supervised by Arboricultural Clerk of Works.  It is also necessary to
ensure that suitable replanting is undertaken that will not only enhance
the development but also maintain the future amenity of the
surrounding area. 
7.11 The amount of open space and landscaping of the site is generous and
promotes a green infrastructure approach as advocated by Policy CP2
and G12 of LDP2. A total of 17, 886sqm public open and amenity
space is being provided, which exceeds the policy requirement.  The
landscape strategy has been designed to maximise green
infrastructure through the retention of existing landscape features
including trees and hedgerows complimented by new planting.  A
landscape character zone strategy has been established with five
zones identified. Zone 1 being the Avenue, Zone 2: the River Edge,
Zone 3: The Gateway, Zone 4:  Informal Open and Zone 5: Residential
Area. The  areas of open space  over  the railway tunnel adjacent to
Cardross Road  will  provides an attractive,  green space with informal
planting,  incidental play and meadow planting to promote biodiversity
and amenity value. This area will include an accessible, fun and
engaging natural play space which would be in keeping with the
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character of the area and available to not only residents but the wider
area.  The landscape framework will provide an attractive and diverse
setting for a high quality residential development and promotes
biodiversity and the principles of “Our Green Network” guidance. 
Ecology
7.12 A preliminary ecological assessment (PEA) has been undertaken at the
design stage to inform the proposed development and assess any
potential impact on protected species.  Following this, a number of
detailed ecological studies have been undertaken this included
additional surveys for bats and breeding birds. The PEA noted that
pipistrelle bats use the site for foraging and commuting but no evidence
of bat roots were found in trees during or following the chapel being
demolished. There was no evidence of badger, otter, water vole or
habitat for breeding amphibians recorded.  The PEA makes a range of
recommendations to mitigate against any potential impacts of the
proposed development and enhance the ecological value of the site
and this will be addressed by condition.  The proposed development
will not have any adverse impacts on ecology and is compliant with
Policy E3A of LDP2. 
Drainage
7.13 The drainage has been modelled in detail for the entire development
which has resulted in a defined volume for two cellular storage tanks.
The two attenuation tanks will be designed by engineers to manage the
surface water requirements for the site catchment and the combined
storage volumes which has been calculated to allow the necessary
attenuation prior to the surface water falling from the development
area. The construction methodology for the two tanks has been
considered, relative to the road layout which has resulted in the current
optimised solution which will avoid the TPO areas and the cliff. Total
storage volume is now 1670cu.m compared with the previous estimate
of 1150cu.m.  One of the attenuation tanks is to be located at the
entrance from Havoc Road. The second underground attenuation
storage tank is be located on to the southern boundary formed within
an area of rock and therefore will have no impact or requirement to
excavate and affect the Scots pine tree. The location of the tank has
been selected to avoid the TPO areas and other significant trees on the
cliff edge including a notable Scots Pine and will provide a 4metre
clearance to the cliff edge. Excavation for the cellular storage tank will
involve the removal of 1.85 m of virgin ground comprising topsoil, sand
and gravel and then removal of 3.5 m depth of sandstone.  The rock
will be cut vertically to create a void in which to house the cellular
storage tanks and will be contained within 2m of the cellular storage
footprint. This will provide a 2m exclusion to the top of the existing cliff
profile. The vegetation within this zone and on the existing cliff face will
be unaffected by these works. A physical barrier such as close boarded
fence should be placed 1m back from the cliff edge to protect
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operatives and to prevent access to the site. The excavation will be
carried out from the northern side of the proposed tank location thereby 
there is no impact on the existing cliff face.  Additional planting of spiny
mix - hawthorn and blackthorn will be proposed along the cliff edge to
ensure the ecology of the cliff face is maintained and to prevent
access. A further structural engineering survey of the cliff face will be
addressed by condition to ensure that the cliff face is not damaged or
disturbed due to excavation works. Regarding the long term stability of
the underground storage tanks, the excavation will be fully backfilled to
existing ground level and the underground storage tanks will be
supported on all sides by rock, overlain by well compacted material
selected from the site arising’s. The ground will be finished in a layer of
topsoil and suitably planted. 
Built Heritage  
7.14 The Chapel was been delisted by Historic Environment Scotland and
has now been demolished. The statute of St Joseph from the exterior
of the Chapel  has been salvaged  which lay above the western gable
of the Chapel. This feature is now in its final resting place with the
Carmellite Sisters.  Discussions were held with the Council and the
Carmelite Sisters over preserving a frieze from the Chapel and the
Cross however the Sisters expressed that they did not wish to preserve
this feature. 
7.15 The stone wall and characteristic arch along the avenue from Cardross
Road may date from early/mid-19th century and although not listed it is
worthy of retention and was probably part of the former Clerkhill House
estate that previously existed on the site. A condition has been
attached to ensure that it is retained and incorporated within the
development and that a dilapidation survey is carried out to check the
structural integrity and to substantiate its retention.  Salvaged stone
features from the  demolished Notre Dame convent and chapel
buildings  which are on site will also be used within the future
development.  
Roads, Access, Parking and Permeability 
7.16 One vehicular access will be provided from Havoc Road to the site
serving the 81 units. The vehicular access enters the site just to the
south of the bridge over the railway line curving down to the south
before running approximately parallel to the south of the site, working
with the topography of the site and seeking to create clear
development platforms that allow outward looking frontages.
Emergency access is proposed from Cardross Road via an upgraded
3.7 m shared surface pedestrian /cycle route with dropped bollards  to
regulate access. No changes are proposed to the existing junction onto
Cardross Road from Havoc Road as the number of proposed houses
can be accommodated within the  existing junction capacity.   
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7.17    A Transport Assessment has been submitted in support of the
proposal and concludes that there are no capacity problems on the
surrounding road network. The site is well served by public transport
with bus routes and Dalreoch Railway Station  in close proximity and
the site is  well connected for sustainable travel options. The level of
car parking to be provided is considered to be acceptable by the
Council’s Roads Service with 2 parking spaces provided for 3 bedroom
and 3 spaces for 4 or more bedroom houses.  The layout has been
designed to maximise site permeability and provides good pedestrian
links within the site and beyond. The pedestrian access from Havoc
Road provides connections down towards the River Clyde including the
large area of open space and Core Path 17.  It ensures that a, ‘safe,
comfortable and attractive…’ environment for all will be created and
reflects one of the key principles of LDP2 Policy CP1 –Creating Places.
7.18  An additional footpath is to be provided to the north east of the site,
where a historic informal path linking the boundary of the site to
Brucehill Road. The path is presently overgrown and not evident to
pedestrians on Brucehill Road. This footpath will connect up to the
general location of the existing overgrown path which continues up
Brucehill Road.  
7.19 Technical Matters
The Council’s Environmental Health Service have requested a site
investigation report including remediation and mitigation measures.
These matters alongside other matters regarding dust mitigation and
construction activity and noise from the railway line can be addressed
as planning conditions. Surface water will be discharged in to the two
SUDS tanks.  A full SUDS scheme is to be secured as a condition. 
7.20   The SEPA flood maps do not indicate that the site is at risk of river or
coastal flooding with only a very small area to the north of the site at
medium to high risk of surface water flooding. 
Other Matters raised by Representations
7.21     The proposed development did not require a full Environmental Impact 
Assessment and that was confirmed by the Council in March 2021 
following the submission of a Screening opinion. A few residents have
indicated that the development would have a negative impact on the
health and wellbeing of the local community. The development will
involve the redevelopment of a vacant brownfield site to provide new
housing and highly accessible open space and woodland with new
footpath links for cycling and recreation. It will involve well designed
streets promoting active travel with a range of house types and
enhancing natural surveillance on the site which will make local
residents feel safer and discourage crime and vandalism. Over the
years, there have been site  issues with fly-tipping, anti- social
behaviour  and vandalism  and the residents of Craigend House have
experienced this in particular. The new development will reduce the risk
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of anti-social behavior whilst providing quality housing and high quality
open space and amenity facilities for existing and new residents.  
7.22   Some representations raised the issue of air quality but there are no
declared Air Quality Management Areas in the Council area with the
development encouraging active modes of travel and within close
proximity to Core Paths and the local footpath network as well as
being in close proximity to bus stops and Dalreoch Train Station.
Residents will be provided with a Travel Plan to encourage the
utilization of active travel methods.
7.23  Issues have been raised regarding education capacity and health
care  facilities. There are no issues with education capacity as a
number of schools  are within a short distance of the site together with
healthcare facilities. There is no requirement to provide affordable
housing as per the policies of the LDP.  Tree numbers 418 and 206
are to be retained within the site and will not be felled and the tree
plan has been amended to include them.   
Pre-application Consultation and Elected Member Briefing 
7.24 As the proposal constitutes a major development, statutory pre-
application consultation was carried out prior to the submission of the
application. The applicant has submitted a Public Consultation Report 
and the Pre Application Consultation website was viewed by local
residents and the public 247 times and feedback forms were provided
on the website to record comments.  Eight feedback forms were
received as well as 7 questions. The local Community Councils, MSPs
and MPs and Councillors were contacted about the proposal. A
statutory notice was published in the local press advertising the public
event and submission of the Proposal of Application Notice and
additional consultation was undertaken by the applicant. Feedback
comments related to the road layout and the need for a secondary
access point, the need for open space and trees should be retained
and the need for affordable housing. 
7.25         The application was also presented to a pre application virtual Elected
Member Briefing on 15 June 2021. Specific comments were made
regarding house types and footpath connections and these have been
addressed within the development.  
8. CONCLUSION
8.1 The proposed development of the site for residential purposes is in
compliance with both the adopted and proposed local development
plans and  will result in the redevelopment of vacant brown field site.
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The design, density and layout of the development are appropriate and
would not have a detrimental impact on the amenity of any adjacent
residential properties or the area. The development has been subject
to extensive discussions to ensure that the integrity and character of
the TPO, the cliff face and the Local Nature Conservation Sites are not
detrimentally affected.   The proposal will result in a high quality
residential development which maximises its coastal and woodland
location and which has a very strong biodiversity focus.    
9. CONDITIONS
1. Prior to the commencement of development on site, exact
details, specifications and samples of all proposed external
materials to be used for the dwellings and associated hard
landscaping, to include boundary treatments,   shall be
submitted to and approved in writing by the Planning
Authority. Thereafter, the development shall be completed in
accordance with the approved material details and palette.
2. The development hereby approved shall be constructed in
accordance with the finished site levels and finished floor
levels as shown on approved plans. Any alterations to these
finished site and floor levels shall first be agreed in writing
with the Planning Authority.
3. Prior to works commencing on the development hereby
approved a planting schedule in assoociation with the
proposed soft landscape arrangements approved under
drawing ‘Landscape Strategy Plan”(LN-LP-01a) shall be
submitted for the written approval of the Planning Authority.
The approved landscaping shall be implemented within
timescale to be agreed with the Planning Authority. Any trees,
shrubs or plants forming part of the approved landscape
scheme which die, are removed or become seriously damaged
or diseased, within a period of 5 years from the date of their
planting, shall be replaced in the next planting season with
others of similar sizes and species unless the Planning
Authority gives written approval to any variation. The
landscaping arrangements as approved shall thereafter be
maintained in accordance with these details for the lifetime of
the development unless otherwise agreed by the Planning
Authority.
4. Further to condition 3 above and notwithstanding the
submitted plans the grass area identified as “informal open
space” as part of the Landscape Strategy Plan is not hereby
approved. Details of an alternative treatment of this area shall
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be submitted and approved by the Planning Authority and it
shall be compatible with the woodland TPO area and
implemented as approved. 
5. Prior to works commencing on the development hereby
approved details of the proposed play equipment and
maintenance arrangements shall be submitted for the written
approval of the Planning Authority. These details shall
incorporate the use of natural play equipment. The works shall
be installed in accordance with the approved scheme and in a
timescale to be agreed and shall thereafter be retained for the
lifetime of the development unless otherwise agreed by the
Planning Authority.
6. No dwelling shall be occupied within the site until the vehicle
parking spaces associated with that house unit have been
constructed provided within the site. The aforementioned
parking shall thereafter be retained and be capable of use at all
times and shall not be removed or altered without the prior
written approval of the Planning Authority.
7. Prior to the commencement of development, full details of the
foul and surface water drainage system including the 2 surface
water attenuation tanks shall be submitted to and approved by
the Planning Authority. This shall include a full structural
engineering survey and drawings of how the attenuation tanks
are to be installed and the impact on the stability of the
adjoining cliff and trees. The approved details shall be
implemented as approved.
8. Prior to the commencement of development on site, a Site
Biodiversity Action Plan shall be submitted to and approved by
the Planning Authority. It shall include landscape and habitat
design and management, species protection plans and
monitoring protocols and shall be implemented within a
timescale agreed with the Planning Authority.
9. Notwithstanding the submitted details the trees identified for
removal shall be marked on site and the proposed buildings
and road pegged out with the aim of retaining identified trees
for retention and to minimise tree loss. The works shall be
supervised and overseen by Arboricultural Clerk of Works
during prestart and during construction works.
10. Notwithstanding the submitted plans and entrance features
adjacent to both Cardross Road and Havoc Road shall be
provided. Details of the features shall be submitted to and
approved by the Planning Authority prior to the
commencement of development on site and shall be
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implemented within a timescale agreed with the Planning
Authority. 
11. Prior to the commencement of works, full details of all hard
surfaces shall be submitted for the further written approval of
the Planning Authority and shall be implemented as approved.
12. Prior to the commencement of works, full details of the design
and location of all walls and fences to be erected on site shall
be submitted for the further written approval of the Planning
Authority and shall be implemented as approved.
13. The stone wall and arch along the avenue from Cardross Road
shall remain intact, unless otherwise agreed with the Planning
Authority.
14. Land art stones from the former Notre Dame convent and
chapel shall be used throughout the development reflecting
the unique history of the site and details shall be submitted to
and approved by the Planning Authority before development
commences on site and implemented in a timescale agreed by
the Planning Authority.
15. The footpath link from the Northeast area to the  Brucehill
estate shall be reinstated. The location and design of the
footpath shall be submitted to and approved by the Planning
Authority and shall be provided to the boundary of the
application site.
16. Notwithstanding the submitted plans and prior to the
commencement of development on site, a 1.8 metre high
trespass fence with a maintenance access gate around the
perimeter of the tunnel air shafts shall be submitted to the
Planning Authority for the  further written approval and the
development shall be carried out in accordance with the
approved details within a timescale agreed with the Planning
Authority.
17. No development shall commence on site until a construction
method statement   which includes plant details, locations and
lifting plans within the vicinity of Network Rail infrastructure
shall be submitted to the Planning Authority for approval in
conjunction with Network Rail and shall be implemented as
approved.
18. No development shall take place within the development site
as outlined in red on the approved plan until the developer has
secured the implementation of a programme of archaeological
works in accordance with a written scheme of investigation
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which has been submitted by the applicant, agreed by the
West of Scotland Archaeology Service and approved 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.
19. No development shall commence on site until details for the
storage and the collection of waste arising from the
development including the location of bin stores and grit bins
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.
20. No development (other than investigative work) shall take
place until such time as a comprehensive site investigation
completed by a suitably qualified person has been carried out
to the appropriate Phase level and submitted to and approved
in writing by the Planning Authority. If the Phase 1
investigation indicates any potential pollution linkages, a
Conceptual Site Model shall be formalised and these linkages
shall be subjected to risk assessment. If a Phase 2
investigation is required, then a risk assessment of all relevant
pollution linkages will require to be submitted. If the risk
assessment identifies any unacceptable risks, a detailed
remediation strategy/plan shall be submitted to and approved
in writing by the Planning Authority and implemented as
approved.
21. Remediation of the site shall be carried out in accordance with
the approved remediation scheme prior the approved
development being brought into use. Any amendments to the
approved remediation scheme shall not be implemented
unless otherwise approved in writing by the Planning
Authority. On completion of the remediation works the
developer shall submit a verification report to the Planning
Authority, confirming that the works have been carried out in
accordance with the approved remediation scheme and that
the works have successfully reduced the risks to acceptable
levels.
22. If the remediation plan requires it, a monitoring and
maintenance scheme to include monitoring the long-term
effectiveness of the proposed remediation over a period of
years determined by the scheme shall be submitted to and
approved by the Planning Authority. Any actions ongoing shall
be implemented within the timescale agreed by the Planning
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Authority in consultation with Environmental Health. 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 in writing by the Planning
Authority. 
23. The presence of any previously unexpected contamination that
becomes evident during the development of the site shall be
reported to the Planning Authority in writing within one week,
and work on the site shall cease. At this stage, if requested by
the Planning Authority, an appropriate investigation and risk
assessment shall be undertaken and a remediation scheme
shall be submitted to and approved by the Planning Authority
prior to the recommencement of site works.  The approved
details shall be implemented as approved.
24. 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 be
free from metals, plastic, wood, glass, tarmac, paper and
odours. On completion of the works, the developer shall
submit a validation report for the approval in writing of the
Planning Authority and it shall contain details of the source of
the material and associated test results to demonstrate its
suitability for use.  Thereafter the development shall be
undertaken in accordance with the approved details.
25. 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 and
take into account the following:
• The impact of the piling on surrounding properties.
• Detail any procedures which are required to minimise the
impact of noise and vibrations on the occupants of
surrounding properties.
This statement as submitted shall be prepared by a suitably
qualified person and shall take into account the guidance
contained in BS6472:1984 ‘Evaluation of Human Response to
Vibration of Buildings’. The piling works shall thereafter be
carried out in accordance with the approved method statement
until they are completed on site.
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26. A noise assessment to determine the impact of rail traffic noise
on the proposed development using the principles set out in
"Calculation of Railway Noise" (DoT/Welsh Office, HMSO, 1995) or
by a method to be agreed by the Planning Authority shall be
submitted to and approved by the Planning Authority. The survey
shall take cognisance of the Scottish Government Document:
“Technical Advice Note Assessment of Noise” and where
potential noise disturbance is identified, it shall include a scheme
for protecting the proposed dwellings from rail noise. The scheme
shall ensure that the internal levels with windows closed do not
exceed 40 dB daytime and 30 dB night-time and the external
levels do not exceed 55 dB daytime in any rear garden areas,
when measured as LAeq,T. The approved scheme for the mitigation
of noise shall be implemented prior to the houses being occupied
and where appropriate, shall be retained in accordance with the
approved scheme.
27. A vibration survey which determines the vibration dose value for
properties within 30 metres of the railway track shall be submitted
to and approved by the Planning Authority. No dwelling shall be
constructed where the applicant cannot demonstrate that there is
a low probability of adverse comment from the vibration as
prescribed in British Standard BS 6472:1992 – Guide to evaluation
of human exposure to vibration in buildings (1-80 Hz). Any
recommendations in respect of mitigation measures shall be
prepared by a suitably qualified person and implemented as
approved.
28. Prior to the commencement of development with the site, details
of the location and design of an electric charging points/units and
associated ducting  to serve the development shall be submitted
to and approved in writing by the Planning Authority. The
approved car charging points/units/ducting and associated
infrastructure shall thereafter be installed in accordance with the
approved details at a timescale agreed by the Planning Authority
and maintained as such thereafter.
29. 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.
30. Notwithstanding the submitted plans, the number of visitor car
parking spaces and their location is not hereby approved.   The
number of visitor car parking spaces shall be reviewed and
reduced in number to provide a more amenity streetscape which
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shall be approved by the Planning Authority and implemented as
approved.  
_______________________________
Peter Hessett 
Chief Officer - Regulatory and Regeneration
Date:   30 March 2022 
Person to Contact:
Appendix:
Pamela Clifford, 
Planning, Building Standards and Environmental
Health Manager 
email: Pamela.Clifford@west-dunbarton.gov.uk
Appendix 1: Location Plan
Background Papers: 1. Application forms, plans and documents;
2. Consultation responses;
3. Representations;
4. West Dunbartonshire Local Plan 2010;
5. West Dunbartonshire Local Development
Plan 2 Proposed Plan.
6. ‘Our Green Network’ Guidance
7. Residential Development Design Guidance
Wards affected: Ward 3 (Dumbarton)
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Appendix 2
Additional Conditions imposed by the Planning Committee : 30th March 2022 and
Additional Condition recommended – 8th June 2022 Planning Committee
31. During the period of construction, all external works including piling and ancillary
operations shall be carried out between the following hours and at no other time, unless
otherwise agreed in writing by the Planning Authority:
• Mondays to Fridays : 0800 – 1800
• Saturdays: 0800 – 1300
• Sundays and public holidays: No Working
32. Notwithstanding the submitted plans  further details of the topographic levels and cross
sections, existing ground and finished levels of the new access road from Havoc Road shall
be submitted to and approved by the Planning Authority and shall be implemented as
approved.
33. Notwithstanding the submitted details the existing substation shall be enclosed in a brick
enclosure. Details of the design and materials shall be submitted to and approved by the
Planning Authority and shall be implemented prior to the occupation of any houses.
34. Notwithstanding the submitted details,  the size design and siting of fibre and
telecommunication cabinets and salt/grit bins shall be submitted to and approved by the
Planning Authority and shall be implemented within a timescale agreed by the Planning
Authority.
35. Further to condition 3 above no sea buckthorn or non-native species shall be included in
the planting schedule for the landscape arrangements for the site.
36. No development shall commence on site, until details of tree replacement proposals
shall be submitted for the written approval of the Planning Authority, and implemented within
a timescale agreed by the Planning Authority.
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Tree Replacement Proposals
Cardross Road, Dumbarton
Planning Application Reference – DC21/211/FUL
Date:
24th May 2022
Page 191
Appendix 3

Page 34

Contents:
1.0 Introduction/Summary
2.0 Tree Removal Assessment
3.0 Tree Replacement Proposals
4.0 Supporting Visual Representation of Proposals.
5.0 DWA Landscaping Proposal for Development
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1.0 Introduction/Summary
1.1 In response to the inadvertent tree felling within the TPO which took place on
the development site at Cardross Road, Dumbarton, on behalf of the
landowners, Slate Island Developments, we are presenting our replacement
proposal in order to give West Dunbartonshire Council reassurance that the
inadvertent removal of the trees will be mitigated by adopting a robust re-
planting proposal which will be incorporated and embedded within the overall
developments landscaping proposals.
2.0 Tree removal Assessment
2.1 Following the mistaken and inadvertent removal of the trees in question WDC
requested that the site landowners carry out an assessment to determine the
extent of the number of trees which had been inadvertently felled, their
appointed consultant, Julian A Morris (Professional Tree Services) carried out
the survey and on completion WDC undertook their own survey, the following
table of contents is a combined representation of both assessments and is
agreed by both the landowners and the council.
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2.2 BASED ON “TPO (WDC13, 2021) Brucehill Cliffs: Tree Removal Assessment”
(Additional comments by JMPTS on 24/5/22)
[WDC]
Count
Location Tag
number
Species Grade Life stage [WDC] Comment [20/5/22] JMPTS comment [24/5/22]
1 Cliff glade 4088 Sycamore A Mature Felled, as recorded in consultant’s
Tree Removal Survey
Noted
2 Cliff glade 4089 Sycamore C Early
mature
Felled, as recorded in consultant’s
Tree Removal Survey
Noted
3 Cliff glade 4097 Norway
maple
A Mature Felled, as recorded in consultant’s
Tree Removal Survey
Noted
4 Cliff glade 4098 Lime A Mature Felled, as recorded in consultant’s
Tree Removal Survey
Noted
5 Cliff glade 4099 Norway
maple
B Mature Felled, as recorded in consultant’s
Tree Removal Survey
Noted
6 Along
boundary
with
convent
house
12 Silver birch C Semi
mature
One stem of 4 multi-stem tree has
been removed. Not recorded in
consultant’s Tree Removal Survey.
Tree has also been marked with
paint.
Recorded in DRA survey as 4
stemmed mixed broadleaf group #12
7 Along
boundary
with
convent
house
No tag, in
between 12
and 187
Silver birch Young silver birch stem recently
removed, sap present. Not recorded
in consultant’s Tree Removal Survey.
By elimination, must be #186. Small
high stump noted in photo record.
8 Along
boundary
with
convent
house
187 Downy
birch
C Young Recorded as felled in consultant’s
Tree Removal Survey. Felled tree
confirmed in mapped location, no
tag found to confirm tree.
Agreed no tag could be found at Apr
2022
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[WDC]
Count
Location Tag
number
Species Grade Life stage [WDC] Comment [20/5/22] JMPTS comment [24/5/22]
9 Group 1
(189 to
202)
189 Goat
willow
B Early
mature
This tree is felled and unrecorded in
consultant’s Tree Removal Survey.
Photographic record shows #189 has
been felled.
10 Group 1
(189 to
202)
190 Goat
willow
B Early -
mature
Recorded as felled in consultant’s
Tree Removal Survey. Felled tree
confirmed in mapped location, no
tag found to confirm tree.
Agreed no tag could be found at Apr
2022
11 Group 1
(189 to
202)
191 Silver birch B Semi -
mature
Recorded as felled in consultant’s
Tree Removal Survey. Felled tree
confirmed in mapped location, no
tag found to confirm tree.
Agreed no tag could be found at Apr
2022
12 Group 1
(189 to
202)
192 Goat
willow
C Semi-
mature
192 is recorded as standing in the
report and 193 as down, however
193 is intact and is a Silver birch, as
are 194 and 195.
Agreed. Photo record shows #192
down, 193 standing.
13 Group 1
(189 to
202)
196 Silver birch C Young Recorded as felled in consultant’s
Tree Removal Survey. Felled tree
confirmed in mapped location, no
tag found to confirm tree.
Agreed no tag could be found at Apr
2022
14 Group 1
(189 to
202)
197 Silver birch This tree is felled and not recorded
on developer’s initial tree report or
tree removal survey but tagged on
site.
Agreed. Photo record shows #197
down.
15 Group 1
(189 to
202)
198 Silver birch B Early-
mature
Recorded as felled in consultant’s
Tree Removal Survey. Felled tree
confirmed in mapped location, no
tag found to confirm tree.
Presumed omitted from original
survey. Agreed no tag could be
found at Apr 2022
16 Group 1
(189 to
202)
199 Goat
willow
B Mature Recorded as felled in consultant’s
Tree Removal Survey. Felled tree
Agreed no tag could be found at Apr
2022
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[WDC]
Count
Location Tag
number
Species Grade Life stage [WDC] Comment [20/5/22] JMPTS comment [24/5/22]
confirmed in mapped location, no
tag found to confirm tree.
17 Group 1
(189 to
202)
200 Goat
willow
C Semi-
mature
As recorded in consultant’s Tree
Removal Survey, tagged tree
confirmed on site.
Agreed. Photo record shows #200
down.
18 Group 1
(189 to
202)
201 Goat
willow
B Semi-
mature
As recorded in consultant’s Tree
Removal Survey, tagged tree
confirmed on site.
Agreed. Photo record shows #201
down.
19 Group 1
(189 to
202)
202 Goat
willow
Felled tree not recorded developer’s
initial tree report or tree removal
survey but tagged on site.
Presumed omitted from original
survey. No tag could be found at Apr
2022
20 At site
vehicle
entrance
206 Sycamore C Semi-
mature
Felled, this was the one tree within
the TPO that was to be granted
permission for removal as part of
application.
Noted.
21-33 Spread
throughout
Group 1
within TPO
WDC13
Unrecorded
smaller
tree
stumps
Mixed
species
These are trees within the woodland
TPO area that were unrecorded in
the developer’s initial tree report or
tree removal survey, most likely due
to their smaller than 15cm diameter
size. Regardless, they have been
felled within a woodland TPO site
without permission and have been
included in the overall count. These
all occur within the Group 1 area.
Noted. No pre-removal records exist.
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3.0 Tree Replacement Proposals by Julian A Morris – Professional Tree
Services
3.1 No further operations to be carried out on site until the tree protection
recommended in the Arb Impact Assessment and Tree Protection Plan of
March 2022 (version 3) and the addendum of March 2022 are put in place and
checked by the project arboriculturist; 
3.2 The protective measures should be put in place without any vehicles entering
the protected areas; 
3.3 No tree work arisings should be removed from site or relocated within the site
at this time unless otherwise agreed with WDC.
3.4  In order to allow weeds to be supressed and return nutrients to the soil the
existing brash should be chipped from outside the protected areas. The ground
within the TPO has species such as wild garlic and bluebells growing and the
impact to these must be mitigated. It is proposed to use the excess brash
around new planting areas and mulching for landscaping features such as
ornamental trees or new hedge rows. No brash will be used on the woodland
floor and all surplus will be removed from site; however, this will not take place
until after the bird nesting season (31st August) but must be complete by the
end of October to avoid becoming a suitable hedgehog habitat. 
3.5 The young sycamore saplings that have grown since the large canopy removal
are already beyond the height that would be impacted by mulching; therefore,
it is our intention to remove these by hand as ‘positive woodland management’
which is permitted under the TPO. 
3.6 The heavy sections lying in the south corner are to be left in place as deadwood
habitat but made stable safe and in contact with the ground as much as
possible. It should be deliberately 'distressed' to accelerate habitat
development; Note that given the volume an agreement should be reached with
WDC in regards to what can be removed to ensure adequate open space
provision is still achieved throughout the development.
The heavy logs already piled on site and the scattered logs will be utilised within
the natural play area proposed within the development. In addition, any surplus
material will be offered to WDC Education Department’s Greenspace Support
for Schools and Nurseries initiative in order to provide logs which can be re-
purposed into seats for children or for use in Forest School and Outdoor
learning. 
.
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3.7 A system of arboricultural supervision and monitoring to be agreed with WDC
and then implemented. It should meet with and where necessary exceed the
requirements of the planning conditions. 
3.8 Replanting (advising against like-for-like replacement of sycamore (Acer
pseudoplatanus) and norway maple (Acer platanoides), a native mix is to be
preferred and can be specified in due course, with the objective of improving
on habitat relative to what has been removed) and aftercare within the TPO
area to be undertaken in accordance with a plan to be agreed with WDC. It
should comprise a mixture of rootballed, guyed/staked specimens and smaller
bare root trees, at an overall replacement ratio of 5:1 to allow for losses, to
promote competition and companion shelter and to achieve a net overall
increase in tree cover. This should be thinned to 3:1 within 10 years; Refer
following proposed re-placement schedule for specific species/sizes;
Species Abbreviation Planting
size
No.
Sessile Oak Qupe Heavy
Standard
5
Downy
Birch
Bepu(f) Feathers 10
Bepu(s) Standards 5
Bird Cherry Prpa Standards 10
Rowan Soau(f) Feathers 10
Soau(s) Standards 5
Hazel Coav Feathers 20
Scots Pine Pisy Feathers 10
All 75
3.9 Consideration to be given to extending the replanting into areas in the south
corner that did not and do not have tree cover.
3.10 Selection, planting and aftercare to be carried out in accordance with BS
8545:2014 “Trees: from nursery to independence in the landscape –
Recommendations” 
3.11 Planting design to be integrated with any additional planting that is being
undertaken along the cliff edge to provide continuity of habitat and green
network linkage with the Havoc Hole woodland corner; a thorny species
woodland edge mix along the cliff face area is proposed and these species will
be replicated throughout the TPO boundary.
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3.12 Specimen planting to be undertaken any time after the tree protection barriers
are in place, and bare root planting within the dormant season 22-23;
Agreement to be reached with WDC in regards to programme and phasing of
works to ensure that any planting works is not abortive relative to construction.
3.13 The stumps of shrubby Prunus laurocerasus that have been left at about 0.5m
high, to be reduced to as near ground level as practicable and treated with a
herbicide, as they will otherwise out-compete replacement native planting; 
No stumps to be removed, ground out or grubbed up. Whereas regenerative
growth from stumps is very likely this will not be structurally viable as it matures
and consideration should be given to its removal at the thinning stage or if it is
out-competing the new planting.  Note: Where stumps have been cut to 30-50
cm above ground these will be reduced to ground level by means of reducing
trip hazards for people working in and around the site.
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4.0 Supporting Visual Representation of Proposals
4.1 The following visual representations are to allow WDC to understand the
visual aspect of the finalised proposals specifically within the TPO area;
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4.2 South West View Towards the River Clyde;
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4.3 East View Towards the Carmelite Monastery;
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4.4 North East View Towards Cardross Road;
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5.0 DWA Landscaping Proposal for Development
5.1 The following landscaping proposal has been undertaken by DWA Landscaping
and forms the basis of the overall development, however it should be noted that
the TPO area is of course supplemented with the proposal as detailed within
this report.
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5.2 Landscaping drawing (also attached as an appendix for ease of reading)
Page 206