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Item 3 - Minutes Planning Committee 12 10 22 FINAL

West Dunbartonshire Council · 16 November 2022
Back to Planning Committee — 16 November 2022 and its agenda

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PLANNING COMMITTEE 
At a Meeting of the Planning Committee held in Council Chamber, Clydebank Town
Hall, 5 Hall Street, Clydebank on Wednesday, 12 October 2022 at 10.00 a.m. 
Present: Provost Douglas McAllister and Councillors Karen Conaghan,
Ian Dickson, Diane Docherty, Gurpreet Singh Johal, June
McKay, Lawrence O’Neill, Chris Pollock and Hazel Sorrell. 
Apologies: An apology for absence was intimated on behalf of Councillor
Daniel Lennie. 
Attending: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager; Alan Williamson, Team Leader,
Development Planning and Place; James McColl, Acting
Development Management Team Leader; Nigel Ettles, Section
Head – Litigation (Legal Officer); and Nicola Moorcroft,
Committee Officer. 
Councillor Lawrence O’Neill in the Chair 
DECLARATIONS OF INTEREST 
It was noted that there were no declarations of interest in any of the items of
business on the agenda. 
MINUTES OF PREVIOUS MEETINGS 
The Minutes of Meetings of the Planning Committee held on 3 August 2022 and 21
September 2022 were submitted and approved as a correct record. 
OPEN FORUM 
The Committee noted that no open forum questions had been submitted by
members of the public. 
PLANNING APPLICATIONS 
The following reports were submitted by the Planning, Building Standards and
Environmental Health Manager – in respect of the following planning applications:-

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(a) DC22/049/MSC – Approval of matters specified in conditions 1, 3, 5 and 7
of PPiP approval DC19/203 for the erection of 99  dwelling houses,
formation of access, landscaping, open space,  SUDS and associated
infrastructure at Farm Road, Duntocher, Clydebank by BDW Trading Ltd. 
Reference was made to a site visit that had been undertaken in respect of the above
application.  The Planning, Building Standards and Environmental Health Manager
was heard in further explanation of the report and in answer to Members’ questions. 
The Chair invited Mr Gordon Lindsay, objector, to address the Committee. Mr
Lindsay was heard in support of his objections and in answer to Members’ questions. 
The Chair invited Mr Harry Borthwick, objector, to address the Committee. Mr
Borthwick was heard in support of his objections and in answer to Members’
questions. 
The Chair invited Mr Lewis Breen, objector, to address the Committee. Mr Breen
was heard in support of his objections and in answer to Members’ questions. 
The Chair invited Ms Jeanne Robinson, objector, to address the Committee. Ms
Robinson was heard in support of her objections and in answer to Members’
questions. 
The Chair invited Mr David Jinks on behalf of the applicant (Barratt Homes), to
address the Committee.  Mr Jinks was heard in respect of the application and in
answer to Members’ questions. 
After discussion and having heard the Planning, Building Standards and
Environmental Health Manager in further explanation and in answer to Members’
questions, Provost Douglas McAllister, seconded by Councillor Lawrence O’Neill,
moved: 
I note and recognise that in September 2020, Planning Permission in Principle
was granted on appeal.  I accept that this Council has exhausted all legal
routes to appeal Planning Permission in Principle for residential development
on this site.  Accordingly, Planning Permission in Principle remains granted. 
We can’t revisit that now, and I understand the frustration of local residents
that we can’t now revisit their representations such as traffic concerns, Green
Belt concerns, pollution concerns and ecological concerns. 
I cannot understand why anyone thinks a singular access road from Farm
Road is workable or realistic in practice.  The local road network at Farm
Road is already severely congested.  That is not my reason for moving refusal
nor is my reason for moving refusal the loss of wildlife within the site and the
loss of nature as highlighted by the slides during a representation this morning
by a local resident, which I agree is heart breaking.  My reasons for refusal
are none of the above.

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My objection to the planning application is in relation to the layout and design
of the application.  Policy GD1 maintains that any new development must
respect character and amenity of the area.  Scottish Planning Policy (SPP)
requires or introduces a presumption in favour of sustainable development.  A
development must be socially sustainable.  The aim of the National Scottish
Planning Policy is to achieve the right development in the right place; and not
allow a development at any cost and that a development must create better
places.  This application does not.   
I also move refusal on the basis of Policy CP1 which seeks to ensure that
housing is of a high-quality, adaptable, and is designed to be suitable for a
mix of occupants.  It also indicates that all new developments will be expected
to contribute towards creating successful places by having regard to the six
qualities of a successful place, one of which is the quality easy to get to/move
around and this application certainly doesn’t achieve that.   
The application does not minimise the visual impact, in fact it will have an
adverse effect, the visual impact of the development within the landscape will
detract from the local amenity and will detract from the overall character of the
local settlement and the adjoining Kilpatrick Hills.   
I don’t consider that the proposed development is appropriate in terms of
layout and design and therefore move refusal.’ 
The motion to refuse planning permission was agreed by the Committee 
(b) DC22/072/FUL – Residential development, landscaping and associated
infrastructure at the former Our Lady and St Patrick’s High School site,
Hawthornhill Road, Dumbarton by Persimmon Homes. 
Reference was made to a site visit that had been undertaken in respect of the above
application.  The Planning, Building Standards and Environmental Health Manager
was heard in further explanation of the report and in answer to Members’ questions. 
The Chair invited Mrs Violet Struthers, objector, to address the Committee. Mrs
Struthers was heard in support of her objections and in answer to Members’
questions. 
The Chair invited Mr Thomas Struthers, objector, to address the Committee. Mr
Struthers was heard in support of his objections and in answer to Members’
questions. 
The Chair invited Mr Kevin Murphy on behalf of the applicant (Persimmon Homes),
to address the Committee.  Mr Murphy was heard in respect of the application and in
answer to Members’ questions. 
After discussion and having heard the Planning, Building Standards and
Environmental Health Manager in further explanation, and in answer to Members’
questions, the Committee agreed that it was minded to grant planning permission

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and delegated authority to the Planning, Building Standards and Environmental
Health Manager to issue the decision subject to the conditions set out in Section 9 of
the report, as detailed within Appendix 1 hereto and to the satisfactory conclusion of
a legal agreement or other suitable mechanism to secure a financial payment
towards open space provision/ green infrastructure improvements in the local area. 
PROCUREMENT OF GEOGRAPHIC INFORMATION SYSTEM SOFTWARE 
A report was submitted by the Planning, Building Standards and Environmental
Health Manager seeking approval to enter a process for the procurement of
Geographic Information System software. 
After discussion having heard the Team Leader, Development Planning and Place,
in further explanation, and in answer to Members’ questions, the Committee agreed
to approve the undertaking of a procurement exercise for the supply of Geographic
Information System software. 
CLYDE CLIMATE FOREST 
A report was submitted by the Planning, Building Standards and Environmental
Health Manager seeking approval of a concordat in relation to the Clyde Climate
Forest. 
After discussion having heard the Team Leader, Development Planning and Place,
in further explanation, and in answer to Members’ questions, the Committee agreed
to approve the Clyde Climate Forest concordat. 
The meeting closed at 11.58 a.m.

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Appendix 1 
DC22/072/FUL – Residential development, landscaping and associated
infrastructure at the former Our Lady and St Patrick’s High School site,
Hawthornhill Road, Dumbarton by Persimmon Homes. 
GRANT planning permission subject to the following 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 houses within the development site shall be submitted to and approved in
writing by the Planning Authority. Thereafter, unless otherwise agreed in
writing with the Planning Authority, the development shall be completed in
strict accordance with the approved material details and palette. 
2 Further to condition 1 above, unless otherwise agreed in writing with the
Planning Authority, the brick type to be used for the elevation treatment of all
houses within the development site shall be of the ‘Forterra Victorian Mixture’
specification and variety. 
3. Further to Conditions 1 and 2 above, prior to the approved brickwork
associated with any house being constructed or installed on site, a sample
panel of this brickwork shall be constructed on site in order for it and the
associated mortar to be reviewed, inspected and approved in writing by the
Planning Authority. Thereafter, unless otherwise agreed in writing with the
Planning Authority, the development shall be completed in strict accordance
with the approved brick details. 
4. The approved hard and soft landscaping and all associated approved planting
details shall be implemented within a timescale to be agreed prior to the
commencement of works on site with the Planning Authority. 
5. Notwithstanding the approved plans , an updated planting schedule to
incorporate Hawthorn planting and clarify the suitability of the planting within
the SuDS area shall be submitted to and approved in writing by the Planning
Authority prior to the commencement of any works on site and shall be
implemented with a timescale to be agreed with the Planning Authority. 
6. That any trees, shrubs or areas of grass which die, are removed, damaged or
become diseased within five years of completion of the landscaping shall be
replaced within the following year with others of a similar size and species. 
7. That full details of maintenance and management for the landscaping
approved shall be submitted to and approved in writing by the Planning
Authority prior to the start of construction of the development hereby
permitted. Management and maintenance shall commence upon completion
of the landscaping.

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8. That prior to each house hereby permitted being occupied, all new roads and
footways leading to it shall be surfaced to a sealed base course.
9. That within 4 weeks of the last of the houses hereby permitted being
completed, all roads and footways within the application site shall be
completed to a final wearing course. 
10. That prior to the occupation of any house, the off-street parking provision shall
be completed and be available for use by residents of the associated house.
The offstreet parking provision inclusive of garages where they part of this
parking provision shall be shall then remain unobstructed and available for
use by residents of the associated house at all times thereafter. 
11. No construction works except ground investigation works shall commence on
site until the existing pedestrian crossing on Cardross Road shall be relocated
and be fully operational in the new position. 
12. No construction works shall commence on site until full details of the new
position of the existing bus stop on Cardross Road currently in the position of
the relocated pedestrian crossing shall be submitted to and approved in
writing by the Planning Authority in consultation with SPT with the relocation
taking place and the bus stop being available for use by services 
13. That the approved drainage regime inclusive of the SuDS pond shall be fully
implemented. For the avoidance of doubt, the drainage regime shall be
implemented commensurately with the construction of the houses it serves. 
14. That all surface water shall be intercepted within the site both during
construction and on completion of the development and full details of
measures to ensure that surface water run-off is contained within the site shall
be submitted to and approved in writing ty the Planning Authority prior to the
commencement of any works on site. The measures shall be implemented
and maintained as approved. 
15. No site clearance works shall be undertaken during the bird nesting
September inclusive unless first agreed in writing by the Planning Authority.
For the avoidance of doubt, any such agreement will require a full nesting bird
survey prior to the commencement of works on site, the methodology and
findings of which shall be submitted to the Planning Authority. 
16. That prior to the commencement of any works on site, full details of the
incorporation of low or zero carbon generating technologies shall be
submitted to and approved in writing by the Planning Authority. Thereafter the
development shall be undertaken in accordance with the approved details. 
17. Prior to the commencement of development with the site, details of the
location and design of electric charging points/units and associated
infrastructure and 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

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in accordance with the approved details at a timescale agreed by the Planning
Authority and maintained at all times thereafter. 
18. 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. 
19. Details of the provision of grit bins for the development shall be submitted to
and approved in writing by the Planning Authority. The agreed details shall be
in place prior the occupation of the first house within the site and thereafter
maintained for the lifetime of the development. 
20. Prior to the commencement of works on site, details of any street furniture
shall be submitted to and approved in writing by the Planning Authority and
shall be implemented within an agreed timescale. 
21. No house shall be occupied until the contents of a Travel Information Pack
which encourages reduced dependency on the private car by highlighting the
location of local amenities, public transport services and active travel routes is
submitted to and approved in writing by the Planning Authority. Thereafter, on
the occupation of each dwelling, the approved Travel Information Pack shall
be provided to new residents. 
22. No development (other than investigative work) can take place until such time
as a comprehensive site investigation has been carried out to the appropriate
Phase level and submitted to and approved in writing by the Planning
Authority. The investigation shall be completed by a suitably qualified and
competent person and completed in accordance with advice given in the
following: 
•  Planning Advice Note 33 (2000) and Part IIA of the Environmental
Protection 
•  Act 1990 (as inserted by section 57 of the Environment Act 1995) 
•  BS 10175:2011+A1:2013 – British Standards institution ‘The
Investigation of Potentially Contaminated Sites – Code of Practice’. 
•  Land Contamination and Development Management -
Guidance.https://www.epscotland.org.uk/wp[1]content/uploads/2019/09
/ConLanDevGuide_12-Aug19-FINAL.pdf 
23. If the Phase 1 investigation indicates any potential pollution linkages, a
Conceptual Site Model must be formulated and these linkages must 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. 
24. If the risk assessment identifies any unacceptable risks then an appraisal of
remedial options followed by a detailed remediation scheme will be submitted
to and approved in writing by the Planning Authority. No works other than

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investigative works shall be carried out on site prior to receipt of the Planning
Authority’s written approval of the remediation scheme. 
25. No development (other than investigative works) shall commence on site until
such time as a detailed remediation scheme for the site has been submitted to
and approved in writing by the Planning Authority. The scheme shall be
prepared by a suitably qualified person and shall detail the measures
necessary to bring the site to a condition suitable for the intended use by
removing unacceptable risks to health, buildings and other property, and the
natural and historical environment. The scheme shall include details of all
works to be undertaken, the remediation objectives and criteria, a timetable of
works and/or details of the phasing of works relative to the rest of the
development, and site management procedures. The scheme shall ensure
that upon completion of the remediation works the site will not qualify as
contaminated land under Environmental Protection Act 1990 Part IIA in
relation to the intended use of the land after remediation. 
26. The approved remediation scheme shall be carried out in accordance with its
terms prior to the commencement of development other than that required to
carry out remediation, unless otherwise agreed in writing by the Planning
Authority. The Planning Authority shall be notified in writing of the intended
commencement of remediation works not less than 14 days before these
works commence on site. 
27. Upon completion of the remediation works and prior to the site being
occupied, a verification report which demonstrates the effectiveness of the
completed remediation works shall be submitted to and approved in writing by
the Local Planning Authority. 
28. 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. 
29. If there is a requirement to either re-use site won material or to import material
then the assessment criteria and sampling frequency that would adequately
demonstrate its suitability for use shall be submitted to and approved by the
Planning Authority prior to any material being re-used or imported. In addition
to this and in accordance with BS3882:2015 and BS8601:2013, material to be
used in the top 300mm shall also be free from metals, plastic, wood, glass,
tarmac, paper and odours. 
30. On completion of the works and at a time and or phasing agreed by the
Planning Authority, the developer shall submit a validation report containing
details of the source of the material and associated test results to
demonstrate its suitability for use.

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31. No 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 statement shall identify
likely sources of noise (including specific noisy operations and items of
plant/machinery), the anticipated duration of any particularly noisy phases of
the construction works, and details of the proposed means of limiting the
impact of these noise-sensitive properties. The construction works shall
thereafter be carried out in accordance with the approved method statement
unless otherwise approved in writing by the Planning Authority. 
32. During the period of construction, all works and ancillary operations which are
audible at the site boundary (or at such other place(s) as may first be agreed
in writing with the Planning Authority), shall be carried out between the
following hours unless otherwise approved in writing by the Planning
Authority: 
•  Mondays to Fridays: 0800 – 1800 
•  Saturdays: 0800 – 1300 
•  Sundays and public holidays: No Working 
33. Unless otherwise approved in writing by the Planning Authority, no
development shall commence on site until such time as a scheme for the
control and mitigation of dust has been submitted to and approved in writing
by this Authority. The scheme shall identify likely sources of dust arising from
the development or its construction, and shall identify measures to prevent or
limit the occurrence and impact of such dust. The approved scheme shall
thereafter be implemented fully prior to any of the identified dust generating
activities commencing on site and shall be maintained thereafter, unless
otherwise approved by this Authority. 
34. No commercial vehicle making deliveries to or collecting material from the
development shall enter or leave the site before 0800 or after 1800. 
35. No piling works shall be carried out until a method statement has been
submitted to and approved in writing by the Planning Authority. This statement
shall include an assessment of the impact of the piling on surrounding
properties, taking into account the guidance contained in BS 6472: 1984
‘Evaluation of Human Response to Vibration in Buildings’. It shall detail any
procedures which are proposed to minimise the impact of noise and vibration
on the occupants of surrounding properties. This statement shall be prepared
by a suitably qualified person, and the piling works shall thereafter be carried
out in accordance with the approved method statement. 
36. Notwithstanding condition 36 above, full details of the design, height and
location of an acoustic fence adjacent the sports pitch shall be submitted to
and approved in writing by the Planning Authority. The fence shall then be
erected prior to the occupation of any dwellinghouse on plots 32 to 44
inclusive.

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37. No development shall commence on site until details for the storage and the
collection of waste arising from the development and the location of 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 housing
unit/property within the site and thereafter maintained for the lifetime of the
development.